1996-03-191.
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
March 19, 1996 - 7:30 P.M.
Call to Order
Roll Call
Agenda Adoption
Approval of March 7 Minutes
a.
b.
c.
d.
e.
f.
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Acknowledgment of the February 14 Airport Relations Commission
Minutes.
Acknowledgment of the March 12 Parks and Recreation Commission
Minutes.
Acknowledgment of the February Fire Department Report.
Acknowledgment of Parks Department and Police Department �
Status Reports for January and February.
Acknowledge Receipt of the Unapproved Minutes from the February
15 NDC4 Commission Meeting.
Approval of Resolution Approving Final Plans and Specifications and
Authorizing Advertisement for Bid for the Wentworth Watermain
Project (Improvement No. 95, Project No. 4) -
RESOLUT/ON NO. 96 12
Approval of Funding Source for Replacement of Bridges in Valley,
Rogers and Wentworth Parks.
Authorization to Purchase 4 Wheel Drive Chevrolet for Parks
Department.
Authorization to Award 1996 Street Sweeping Contract.
Approval to Delay the Purchase of Portable Defibrillator Units.
Approval of 3.2 Malt Liquor License (On-Sale) and 3.2 Malt Liquor
License (Off-Sale).
Approval of the List of Contractors.
Approval of the List of Claims.
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7. Unfinished and New Business
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�� �'► w a. Discuss Gopher One Call Building Permit Request.
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Case No. 96-05 and 96-06: Dakota Bank - Subdivision and
SuperAmerica - CUP and Variances ✓
Case No. 96-01: SuperAmerica (Highway 55) - CUP and Variances -
RESOL UT/ON NO. 96-13
Discuss Zoning Ordinance Revisions for Motor Fuel Station and Bank
Drive In Windows - ORD/NANCE NO. 305
Discuss Proposal for Cable Franchise Extension and System Rebuild.
Consider Land Acquisition - Southwest Corner of Highway 13 and
Pilot Knob Road.
Discuss Proposed Eagan Comprehensive Plan Amendment.
Discuss Tc�rner's aGymnastic's Request for Public Hearing to Consider
Issuance of IR �Bonds for the Purpose of Refinancing.
8. Council Comments
9. Adjourn
Auxiliary aids for disabled persons are available upon request at least 120
hours in advance. If a notice of less than 120 hours is received, the City of
Mendota Heights will make every attempt to provide the aids, however, this
may not be possible on short notice. Please contact City Administration at
452-1850 with requests.
' CITY OF MENDOTA HEIGHTS
MEMO
March 19, 1996
TO: Mayor and City Council
FROM: Kevin Batchelder, Interim City Administrator
SUBJECT: Add On Agenda for March 19 City Council Meeting
One new item has been added to the Unfinished and New Business section of
the agenda - 7h (**'). Ad'difional informafion has been added to items 7b. and 7d (*1.
3. Agenda Adoption '
It is recommended that Council adopt the revised agenda as printed on gold
paper.
7b. Case No. 96-05 and 96-06: Dakota Bank - Subdivision and SuperAmerica -
CUP and Variances.
Please see attached information from Dakota Bank and SuperAmerica.
7d. Discuss Zoning Ordinance Revisions for Motor Fuel Station and Bank Drive In
Windows. �
Please see attached memo regarding Councilmember Smith's concerns about
allowing a drive-in bank facility to become a permitted usee
7h. � Discuss Turner's Gymnastic's Request for Public Hearing to Consider Issuance
of IR Bonds for the Purpose of Refinancing.
Please see attached memo from Treasurer Shaughnessy.
KLB:kkb '
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Page No. 1
March 7, 1996
� ,.
CITY OF MEN�OTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regulaz Meeting
Held Tuesda.y, March 7, 1996
Pursuant to due call and notice thereof, the regular meeting of the City�Council, City of Mendota
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Cur've, Mendota. Heights, Minnesota.
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were
present: Mayor Mertensotto, Councilmembers Huber, Koch and Smith. Councilmember Krebsbach Had
notified the Council that she would be late.
AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda. for the
meeting.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
APPROVAL OF MIIWTES
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Ayes:4 �
Nays: 0
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Councilmember Koch moved approval of the minutes of the regular
meeting held February 6, 1996 as amended. .
, Councilmember Smith seconded the motion.
CONSENT CALENDAR - Councilmember Smith moved approval of the consent calendar for
' the meeting, revised to move, to the regular agenda, along with
authoriza.tion for execution of any necessary documents contained
� � therein.
a. Acknowledgment of the minutes of the February 27 Planning
Commission meeting. '
b. Acknowledgment of the Code Enforcement monthly report for
February.
� c. Approval of the probationary appointment of Christopher
Esser as part-time Recreation Programmer.
d. Approval of the List of Claims dated' and totaling
� $205,120.38.
�
e. Acceptance of the resignation of Police Officer pona Currie,
with regret, and authorization for the Police Chief to begin the
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Page No. 2
March 7, 1996
recruitment �rocess for two, and possibly three, police �� �
officers. �'
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
SE1vIOR HOUSING Mayor Mertensotto introduced Dakota. County Commissioner
Patrice Bataglia. He stated that he.had ask�d Commissioner
Bataglia to attend the meeting because at the last Planning
Commission meeting there was much discussion on the senior
housing facility. He explained that Commissioner Bata.glia is the
County Board liaison to the Dakota. County Housing and
Redevelopment Authority. He stated that the Planning Commission
was concerned about the square footages of the housing units, and
asked why those standards are used.
Commissioner Bataglia responded that she attended the Planning
Commission meeting and participated in some of the discussion.
She stated that the Planning Commission had some excellent
questions and a long discussion on the issues. Commissioner
Bataglia informed Council and the audience that as a member of the
HRA Board and the County Commission's liaison, she has had a
chance to visit all of the senior housing facilities in the county and
has been invited into the individual units of some of the,seniors. She
stated that those seniors aze very proud of their homes. She
informed Council that she has often asked the residents if they prefer
one or two bedroom units and how they feel about the size of the _
units. She explained that she has often asked the seniors if they
prefer one or two bedroom units and how they feel about the size,
and the HRA always tries to learn from each facility what can be
done to make the next one better. She informed Council that the
responses she has received from seniors she has spoken to have been
overwhelmingly strong in terms of the requests for one bedroom and
two bedroom units in equal amounts and they have all been satisfied
with the size of the units. She explained that the reason for the unit
sizes are that they are affordable housing and the sizes are greater
than what is provided in most other counties. She stated that each of
the existing facilities has one fireplace, whereas the Mendota
Heights facility will probably have two. Each facility has a library
and a lobby area to gather and visit. The units are really adequate
for seniors, and as far as parking spaces; many of the residents do
not have cars and it is rare for them to have two cazs. Some of the
other issues and questions asked at the Planning Commission were
in terms of units per acre. She explained that the Mendota Heights
facility will have 13.83 units per acre, which is the least number of
Page No. 3
March 7, 1996
units per acre of any facility in the county. With respect to pazking ��
spaces and unitsrbuilt versus units allowed in zoning, Mendota.
' Heights is much more favorable than any other of the seven HRA
' facilities in Dakota. County. She stated that there are several reasons
' for the gabled roof - it gives the facilities a residential feel and
appearance, and it is easier to maintain than a flat roof. Regarding
the market rate units, she stated that Mendota Heights is very
fortunate to be one of the first of the facilities with market rate units.
� She explained that everyone is awa"re that i� is only dimes and
quarters that put people over the minimum income level and out of
the category of qualifying for subsidized units, and keeps them out
of the community they live in and love. She stated that market rate
units allow seniors to live in dignity and with self respect. She
stated that she is not of a mind set that acreage be allocated to poor
� people and they be put inside that square. She felt that people
' should live side by side with each other regardless of income or
i other differences, and affordable housing is very difficult to find.
She informed Council that there is a waiting list of over 1,000
� people in Dakota. County and over 180 waiting for the Mendota.
�� Heights facility. She expressed appreciation for the city setting
' aside its CDBG funds to assist the county and HRA to purchase the
' land for the facility. She stated that the HR.A is looking forward to a
, good working relationship with the Planning Commission and
` Council and is looking deeply into reducing the berm to bring down
� the height of the building the berm, etc. She stated that, the HRA is
willing to work with the city to accomplish senior housing, and that
( the governmental units should work towards not what everyone
', would like to have but towards what everyone can afford to have. _
She stated that the HRA is willing to work to make the facility the
' nicest senior housing development in the county. She also informed
Council that the Dodge Nature Center has been very supportive of
' having seniors as their neighbors and has so informed the county.
Mayor Mertensotto stated that he was happy to hear Commissioner
Bataglia say that the HRA is doing everything possible to reduce the
overall height of the building. He stated that Kari Gill, from the
HRA, has also said that she will talk to the azchitect to try to get the
berm down. He noted that the proposed building is brick and
aluminum siding, and Ms. Gill has indicated that the City of
Hastings paid extra to have their project be all brick. He asked that
the bid for the Mendota Heights project include an alternate for an
all brick exterior. He asked Commissio�er Bataglia to address an
incorrect Pioneer Press article that stated that the facility would be
; two stories if it were not for the market rate housing units.
Page No. 4
March 7, :996
Commissioner:Bataglia responded that it is absolutely incorrect that �
the building wa�r'to be two stories. She explained that every one of
the seven HItA senior developments is a three story building. She �
stated that there is a building in West St. Paul that has one portion
�- • that is two stories, but it is adjacent to a residential district and there �-'
is a two story home immediately adjacent to the side of the senior
facility which is two story. She informed� Council that the City of
West St. Paul paid the added expense for making just one portion of
the facility two story. She stated that all of the HRA facilities are
three story because that is how the HRA can reach affordable
housing.
Mayor Mertensotto stated that in order for the HRA to build the
Mendota. Heights facility, Council must rezone the properiy to R 3.
He explained that the city is running into problems with adopting a
senior housing ordinance, which will possibly take a long time, and
stated that Council may r.eed to consider variances for the HRA
facility so that the project can begin. He informed the audience that
the county is committed to running the facility during the twenty
year life of the bonds.
Councilmember Krebsbach arrived at 8:05
LANDSCAPE PLAN Council aclrnowledged a memo from Public Works Director
Danielson regarding revisions to the Mn/llOT landscapi,ng plan for
the Mendota Interchange Project. Council also acknowledged
revised plans and a memo from Ms. Liz Walton regarding the
revisions. Ms. Walton was present;for the discussion.
Ms. Walton described the changes which were made as the result of
the February 20 Council discussion. She explained that evergreens
have been added along T.H. 55 and brida.l wreath and spirea have
been added adjacent to the Acacia Cemetery approach; a number of
oak, hawthorne, choke cherry and plums of varying sizes have been
added to the oak azea to create groves. Trees have been added at the
end of the wall along T.H. 110. 3he explained that she is not
comfortable adding trees and shrubs in the main section of the wa11
because it is so close to the road surface, but vines will be planted on
the wall, about 5 feet apart. She stated that more txees have been
added along the T.H. 110 frontage road and Amur maple shrubs
were added in the T.H. 110/west frontage road median, but no
plantings were added to the highway median because .the run off
water conta.ins to much salt in the winter for plants to survive. She
informed Council that she met with one of Mn/DOT's maintenance
people and was told that he intends to mow the median space at least
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Page No. 5
March 7, 1996
once a year anck'will mow the shoulder azea between the frontage �
road and the hig�iway eight to sixteen feet wide.
Mayor Mertensotto informed Council that Eazl Van Berkum, from
�.�� Mn/DOT, has assured him that Mn/DOT will try to keep pond scu.m '-
' to a minimum.
, The Council commended Ms. Walton on the changes made to the
; plan. ,_ ..
CASE NO. 95-31, MENDOTA ' Council acknowledged an application from Mr. Jaykav Bhakta for
MOTEL � a five foot height variance for the pylon sign at the Mendota Motel.
Council also acknowledged related planning and sta.ff reports. Mr.
Bhakta was present for the discussion.
Mr. Bhakta explained that the highway (55) is now much lower than
it used to be, and unless the sign is raised it cannot be seen from the
! highway and people cannot find the turn-off into the hotel.
�. ,.
Interim Administrator Batchelder informed Council that the existing
non-conforming sigh is not set back 100 feet from the highway
right-of-way, so it is "grandfathered. He explained that the Planning
Commission had a question on whether the grandfather sta.tus would
be lost if the sign height changes.
After �rief discussion, Councilmember Huber moved to approve a
five foot variance to the height of the pylon sign for the Mendota
Motel, with the understanding that the action by the city and the
raising of the sign do not affect the grandfathered status of the sign's
location.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
GOPHER ONE-CALL Council acknowledged a memo from Code Enforcement Officer
, Berg relative to an application for building permit from Gopher
, State One Call for construction of an office building on Lot 2, Block
, 2, Yorkton Centre Pointe South. Mr. John Bell, the project azchitect,
and Mr. Hugh Collins, from Roseville Properties, were present for
the meeting.
0
Mr. Bell informed Council that Gopher State will own the building.
• He explained that a few years ago, Gopher State One Call was
=� created in response to a legislative mandate that all public utility
companies in the state create an association so that all contractors
, , have a single place to call for location of underground utility lines.
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Page No. 6
March 7, 1996
Responding to a question from Mayor Mertensotto, he stated that the
building will no�'be off the tax rolls. He stated that he is present to i
request site plan approval and building plan approval and that
Gopher State is not asking for any planning actions or TIF.
Mayor Mertensotto stated that the reason he asked. that the matter be
taken off the original consent calendar was so that Council can get a
profile of what Gopher State plans to construct. He asked what the
exterior will be. � `
Mr. Bell responded that the exterior will be brick on all four sides.
Mayor Mertensotto stated that the four story office building to the
west of the Gopher State site has a dark brick finish. He stated that
the color of the Gopher State building is proposed to be dark red and
he asked that the exterior be an earth tone color so that it blends in
with the other buildings in Centre Pointe. �
Mr. Bell responded that if Council prefers a different color, he
would accept Council's direction. .
Councilmember Smith sta.ted that she is not concerned about color
as much as the elevation of the structure. She asked how it
compazes with the medical building.
Mr. Bell responded that from�grade level to parapet, the�building is
about 15 feet tall, whereas the medical clinic does not have a parapet
and is probably only 11 feet tall. He felt that the proposed structure
will be much better looking than the clinic.
Councilmember Smith pointed out that the medical clinic seems to
be in a lower azea. She asked how the topography compares.
Mr. Bell responded that the natural grade slopes down to the west,
and the Gopher State site is lowet than the medical clinic.
Councilmember Smith sta.ted that she would ttunk that the success of
the project will depend on raising the grade of the property.
Mr. Bell responded that the� �s a depression on the site'which will
be filled. He explained that the floor elevation is 94, which is about
three feet above the curb elevation. He stated that there will be roof
top heating and ventilation units, and a one and one-half foot parapet
and clustering of the units in the center of the building will screen
the units.
Page No. 7
, Mazch 7, 1996
Councilmember'Huber asked why pazking is wrapped around the
� building. He alsb asked if there can be fewer parking spaces.
Mr. Bell responded that Gopher State will occupy about half of the
building and there will be two or three tenants all together. He
;, stated that the plan shows only two pazking stalls over what is
' required by code for the square footage of the building.
Mayor Mertensotto stated that he does not ihink that a sea of parking
' spaces at the front of the building will look good.
' Councilmember Smith asked whether it would be better for
customers and employees to have the parking concentrated to the
west of the structure.
Mr. Bell responded that the plan is very efficient as proposed. He
' informed Council that garbage will be contained inside the building
as part of a common loading area.
Councilmember Smith stated that the orientation of the building
' concerns her, as it may potentially obscure the medical building.
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Mr. Bell responded that the proposed building setback should not
� impact the visibility of the medical clinic. Mr. Collins stated that
� there is quite a bit of buffer between the two buildings. ,
Public Works Director Danielson informed Council that City
� Planner Uban did not prepare a report on the project because it did
,' not need referral to the Planning Commission, but he did review the
; plans and made comments on the landscaping. He stated that the
Code Enforcement Officer addressed those concerns in his memo,
and revisions have been made to the landscape plan. He explained
, that Planner Uban reviewed the site plan for compliance with the
� Zoning Ordinance and found that no variances aze needed.
Responding to a question on dra.ixiage, Mr. Bell sta.ted that there will
be no runoff from the structure, as all roof top drainage will be
handled internally. He explained that all of the drainage will go into
the storm sewer, and there will be catch basins in the parking lot to
catch pazking lot drainag�: He informed Council that the loading
dock will not be used to any great extent, and tvtra evergreens were
added to screen the area at the recommegdation of the City Planner.
He informed Council that garbage and delivery trucks will go to the
back side of the building, arid if semis come, they will back into the
loading area and pull out to the north. He explained that he does not
anticipate any truck traffic to the site other than service trucks.
Ayes: 5
Nays: 0
�Page No. 8
March 7, 1996
Mayor Mertensotto responded that this is fine for the present time,
but the situatio�'could change and the loading area could be adapted `
in the future for someone who has a lot of truck traffic.
Mr. Bell responded that it is very tight, but possible, to bring a txuck
in, but no one would want to do it every day. Responding to a
question from Councilmember Krebsbach, he stated that he
anticipates that there will be one or two renters, both using a
common west entrance. With respect to ttie color of the structure, he
stated that the rendering submitted to Council was computer
generated so the color is not accurate, but that he will be happy to
come back to Council with samples. He informed Council that the
brick has not been selected yet.
Councilmember Krebsbach suggested that the plans be shown to the
medical clinic representatives as a courtesy, especially given all of
the effort they went through to get signage approval from the city.
Mayor Mertensotto suggested that Council could grant concept
approval subject to submission of a material list and presenta.tion of
the plan to the medical clinic. He stated that city staff can contact
the owners of the clinic and invite them to view the plans at City
Hall.
Councilmember Krebsbach asked Mr. Bell to provide Gouncil with a
rendeiing which gives�a more accurate picture of the roof units.
Mayor Mertensotto stated that footing and foundation approval
would set the footprint for the building, and if Council grants that
approval, the applicants will know that the size of the structure is
set.
Councilmember Smith moved to grant concept approval and
approval of a footing and foundation permit to establish the footprint
and location of the structure. �
Councilmember Huber seconded the motion.
Staff was directed to contact the medical clinic to invite its
representatives to view the plans at City Hall. .'
CASE NO. 96-OS/96-06 Council acknowledged an application fr+om Dakota Bank for
DAKOTA BANK/SUPER subdivision of the Curley property located at the intersection of
AMERICA T.H. 110 and Lexington Avenue, and an application from
, SuperAmerica for a conditional use permit for a gas
station/convenience store. Council also acknowledged related staff
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Page No. 9
March 7, 1996
' and planning reports, correspondence from SuperAmerica, a memo �� �
from Public WcK'ks Director Danielson regarding hours of operation
, for existing commercial businesses adjacent to residential
neighborhoods, and a letter from Mr. F.B. Daniels in support of the
� proposed development. Mr. Barry O'Leara, representing Dakota
' Bank, Mr. Jack Boarman, project architect retained by the bank to
prepaze the master plan for the bank and SuperAmerica, and Mr.
; Mike Cronin, Mr. Mark Erickson, Mr. Don Bilmazk, Mr. Mike
; Araznek, and Mr. Bob Hardman, represent�ng SuperAmerica, were
present for the discussion.
Responding to a question from Mayor Mertensotto, Public Works
Director Danielson stated that the Planning Commission
recommended approval of the subdivision on a 4/2 vote, and denial
' of the SuperAmerica application on a 4/2 vote.
,
Mr. Boarman informed Council that a neighborhood meeting was
held in January, attended by 30 Curley Addition residents. He stated
that both at the neighborhood meeting and the lengthy Planning
Commission discussion, he received considerable insight from both
the commission and the neighborhood. He informed Council that
the application which went to the Planning Commission requested
; twelve variances for the SuperAmerica store but after working with
; the Planning Commission, and meeting with city staff, the plans
have been revised. He explained that SA is no longer requesting a
' variance for the building setback from Lexington Avenue, and has
� revised the request for a fifly foot setback variance for the caz wash
� to a 30 foot setback variance, which is the requirement for a normal
lot. He pointed out that the SA lot has three front yard setbacks.
' The plan has been revised to eliminate the need for a variance for the
trash enclosure, and the parking setback variance is no longer
requested. The service area setback at the northwest corner of T.H.
, 110 also�now complies with the ordinance. Mr. Boannan informed
Council that a buffer will be installed prior to the sale of any of the
residential lots, and as many of tt�e e�cisting spruce trees as possible
will be reta.ined. '
; Mr. Boarman informed Council that no variances aze being
, requested for the bank, and no variances are being requested for the
, overall subdivision. �ie sta.ted that the SA site plan has been revised
in response to the Planning Commission arrd the neighborhood, and
only four variances aze now being sought. He stated that the
applicants are requestuig that the residential lots be replatted into
; five lots. He explained th�t all of the lots exceed code and will be
! sold after the remainder of the project is completed. The buffer will
' be seven foot high pine trees and a seven foot fence on a three foot
Page No. 10
March 7, 1996
high berm. Mr�Boarman reviewed a site plan diagramming the �- -
issues. He sta.te,el that the bank representatives made the decision
that the bank cannot be built on Lot 1 because the bank cannot take �
the responsibility for the soil contamination. He stated that there is
-- no governmental regulation against the bank building on the site, � R- �-
and informed Council that of all the prospective clients the bank
contacted about Lot 1, SA was the only one that responded. He
explained that only about 28% of the site is builda.ble because of
setback requirements, and even if the front.fi.ge road were moved as
faz as possible, the other lot would be unbuildable because of where
the curve of the road must go. He stated that it is thirty feet from the
edge of the car wash to the right-of-way. He stated that SA is asking
for two seven foot variances along the T.H. 110 right-of-way and the
intersection with Lexington. Mr. Boarman reviewed the revised site
plan, and informed Council that the bank is proposing an 8,000
squaze foot building which could have a 4,000 squaze foot second
floor.
Mayor Mertensotto asked if Council will know what the bank
structure will be before any approvals are granted.
Mr. Boarman responded that SA requires a conditional use permit,
but the bank does not request any variances, so initially the next step
is to design a building after subdivision approval. He explained that
he will come to Council for site plan approval for the b�nk, and as
he unc�erstands it, the bank is putting the project together because
they only need a portion of the land. The bank wants SA to go on
the other site because they have the experience with contamination
�clean up, and if SA does not go ahead, the bank will not proceed.
Mayor Mertensotto sta.ted that the bank wants something from the
city and in order to get that, Council must know what the city will be
getting. �
Mr. Boarman responded that there is a series of hipped and sloped
roof on the bank, and it will be a brick and stone building, with
bronze glass, etc., and strong similarities to City Hall.
Mr. Cronin informed Council that there has been much discussion at
past meetings on the physical fit of the SuperAmerica facility on the
site and SA's role as a corner store. He stated that SA can meet the
role as convenience for the neighborhood. He stated that
convenience stores used to mean stores close to home, but now a
convenience store means not what's near home but what is on the
way to where a person is going, and this means more selections and
freshness, which pushes a store to be bigger. He explained that
Page No. 11
� March 7, 1996
about half of an'SA store are is not retail, and in the proposed store; ��
SA is hying to �ep the facility as small and calm as possible. He
explained that a 3,500 squaze foot facility is proposed, in contrast to
� the existing SOS/garage facility wluch is 2,880 square feet. The
existing facility is 48 by 60 feet, and the proposed SA is 44 by 80 ^�
' feet. He stated that some of the Council members have asked how
the proposal compares to the Post Road SA, and that facility is 4,600
! square feet.
; ..
� �
Mayor Mertensotto informed Council that he met with Mr. Cronin
yesterda.y and Mr. Boarman had stated that SA would put an
overhang on the building and other commitments. He stated that he
would like to get to the hard issues.
, Mr. Cronin submitted to the Council copies of revised elevations,
' dated Mazch 6, 1996. He stated that there is now an eave type roof
' on the structure and the striping has been replaced with glass block.
The eaves are extended to make the structure more residential in
, appearance, and the only lighted signage will be were it says
SuperAmerica on,the band and where it says "touch free car wash."
, Brick is also proposed to be installed on the canopy columns about
eight feet up, and there will also be a roof on the canopy to make it
� more residential looking. SA is asking for a 100 square foot
i monument sign, sixteen feet tall rather than the 25 feet allowed. Mr.
' Cronin stated that the additional ten feet on the new site,plan allows
� parking on the west edge and there will be a landscape buffer along
� that arEa. Most of the variances have been eliminated to the comer
; curve of the back property line, but SA is still asking far a variance
for a small axea of the car wash.
� Mayor Mertensotto stated that the overhang needs to be addressed.
� He stated that the proposed overhang could be extended, and he
asked if the if the glass blocks are for lighting purposes.
Mr. Cronin responded that the blocks are only decorative and could
instead be ceramic tile if Council'desires.
� Mayor Mertensotto stated that he has spoken to Mr. Cronin about all
of the glass. He also stated that all of the existing gas stations in the
� city have only two islands, and he asked why SuperAmerica should
� have three islands if it is a residential station. .
� Mr. Cronin responded that the SA representatives understood from
; past discussions with the city that twelve pumps would be an
' � appropriate number. He stated that one of the special things about
' SA is that customers do not just walk in and pay for their gas and
Page No. 12
March 7, 1996
leave - SA encoiarages people to look azound in the store and �� -
purchase items„thus there is not a quick turn over of customers. He
stated that it may be possible for SA to operate with two islands but
there could be congestion at the pumps that could cause back-ups
onto the street. He stated that SA believes that with the setbacks,
etc., and the operation that SA does, that the facility will be a
neighborhood service. .
Mayor Mertensotto stated Council.is ta.lkin� about the appearance of
a motor fuel station in a residential area and is not talking about the
location of a facility on T.H. 55, which is an industrial zone. He
sta.ted that SuperAmerica has acknowledged that by designing its
building with a more residential appearance. He pointed out that
Lexington and T.H. 110 is not a major intersection and stated that
SA has indicated that a diesel pump is proposed because it is needed
for automobiles. He asked why the canopy needs to be so large and
whether it will be lit all around.
Mr. Cronin responded that only the sign portion of the canopy will
be lit, and that it will not be a lit canopy. He stated that the other
issue is that what is proposed is SA's basic canopy. He sta.ted that
SA is doing everything it can to make the facility as residential as
possible, but the properry is part of a commercial area given the bike
shop and furniture store nearby. He explained that SA is hying to
keep the facility as calm as possible but must also make,it a
complete sta.tion. He felt that it would be a mistake for SA, and in
terms of serving that site, to reduce the canopy. He stated that given
the very open area of the intersection and the proposed development
of the site, it will not look like a commercial site. He felt that the
best place to put the sign is at the intersection of T.H. 110 and
Lexington, but SA is not proposing to do that because it wants to
keep the facility as low key as possible and to make the bank the
back drop.
Mayor Mertensotto pointed out that everyone must be cognizant of
the fact that there will be a monitoring station on the site.
Mr. Cronin responded that the monitoring sta.tion will be there
whether there is an SA on the site or not, and it is the hope of
SuperAmerica that as part of the construction, the monitoring site
can be appropriately located and screened.
Mayor Mertensotto stated that openness of the intersection is what
Council is striving for, so the monitoring facility would have to be
further back.
Page No. 13
March 7, 1996
Mr. Cronin res�'onded that SA cannot wark that issue out yet �� �
; because there �y not be a choice to make an accommodation for it.
He stated that it is his understanding that the pipe is set, and he
hopes to find a location on the site and buffer it. He explained that
� SA can come back to Council and make a commihnent to buffer and
� screen it.
Mayor Mertensotto stated that in past discussions, SA
! representatives indicated that they.would cnnsider cedar shakes for
the roof .
Mr. Cronin responded that SA has indicated that it would consider
using Timberline shingles, which give the appearance of wood but
are not.
' Councilmember Smith pointed out that wood would be a concern
i since it is flammable.
Mayor Mertensotto asked if the glassed azea can be closed up
somewhat, such as using a knee wall instead of all of the glass in the
' front of the building. He also asked that SA remove the glass blocks
, and increase the size of the overhand.
' Mr. Cronin responded that there is bronze behind the desk area, and
a band of brick of different color block could be added �round the
� building at the level of the bronze in the glass.
Councilmember Smith stated that she thinks that SA is a very
appropriate use for the azea and she would welcome both the bank
and SA to the site. She felt that things are moving in the right
direction but stated that she has a number of concerns. She stated
that she has not seen how the height of the canopy relates to the
height of the structure itself.
Mr. Cronin responded that a typical SA canopy is about two feet
below the roof, but because a roof is being added to the canopy here,
it will be about the same height as the main building.
Councilmember Smith stated that she is concerned that the facility
not appeaz as more than a convenience/gas station to service more -
than a residential area. She was concerned about the height of the .
canopy, stating that it does not need to he high enough to serve large
trucks. She was also concerned about diesel fuel, stating that she �
would think auto usage of diesel would be small and there are other
locations to service those vehicles. She was also concerned about
operating the facility for 24 hours because it will be so close to a
Page No. 14'
March 7, 1996
residential area:' She stated that she would hope that some type of �� �
agreement can t�; reached to limit the hours of operation.
Councilmember Smith felt that at this location, what SA has done to
reduce the variances and get to a thirty foot setback is appropriate.
--- She pointed out that the ordinance requires a sixty foot setback, but
stated that the fact that the site is surrounded on a11 sides by roads
could impact that consideration. She stated that she would like the
driveways to be reduced to 30 feet wide so that will reduce the
amount of blacktop and give the site a more residential feel. She
stated that she wants the SA to know Council's concerns up front so
that the development can be scaled down to what Council would
like.
With regard to the driveway widths, Mr. Cronin responded that the
driveways will work at 30 feet without any doubt, but the issue is
that with the curves in the road, it would be more convenient to have
35 foot widths to make it easier for SA's customers. He stated that
the site will have 25% landscaping where none currently etcists. He
further stated that there have been comments that the driveways
should be narrower because of pedestrian traffic, but SA does not
feel there will be much pedestrian traffic. Mr. Cronin sta.ted that SA
can make the driveways work at 30 feet but 35 feet would make it
more convenient for people. Regarding the hours of operation, he
stated that SA runs 24 hour operations throughout the metro area,
and while it is perceived that neighborhoods aze supposgd to sleep at
night, as people's lifestyles have changed they are out later at night,
go to and from work late night, etc., and SA sees traffic at 1:30 in
the morning. _
Mayor Mertensotto asked if this facility could have reduced hours
and the facility at T.H. 55 operate 24 hours.
Mr. Cronin responded that Council could impose a condition on
hours, but he asked that Council consider the reason why SA is
making a proposal. He stated that he does not think the people in
the Curley Addition are any difFerent from anyone else - people use
the SA facilities at 3:00 a.m. He also stated that operating the
station for 24 hours is safer, and the most da.ngerous time is when
stores open and close. He explained that SA always has two people
on-site. He informed Council that Police Chief Delmont
recommends that both stores operate 24 hours a day for safety .
reasons. He also stated that SA is doing;everything it can to buffer
so that the neighborhood will not see lights or activity, etc.
Mayor Mertensotto stated that one of the reasons the residential are
is concerned is generation of traffic. He asked why traffic should be
', Page No. 15
�, Mazch 7, 1996
�, generated wherr�t does not have to - during the night hours he could �
,
, not conceive th�t the store must be open for stocking, etc.
, Mr. Cronin responded that there will not be trucks making deliveries
' during that time - the slow time will be used for maintenance,
� stocking shelves, etc. He further stated that if the store is open 24
, hours and there are problems SA will find a way to work with the
city to solve the problems. He stated that SA makes a standard
' commitment that if there are probl�ms witli� SA facilities, they will
be taken care of.
Councilmember Smith stated that the community really does not like
lights at night, and what is happening in other cities is not
necessarily what is happening in Mendota Heights.
iRegarding the diesel pump, Mr. Cronin stated that SA sells diesel
� fuel for automobiles, which is a blend of number one and number
� two diesel and is priced at $1.19 per gallon as opposed to $1.11 per
'�, gallon for truck service. He explained that the average person buys
' eleven gallons of gas at a time, whereas truckers typically buy 125 to
300 gallons, and they just do riot come to a station like the one being
� proposed. He stated that SA wants to be compatible with the city
� and hopes Council would not object to diesel. He stated that SA
, needs the 14 foot 6 inch canopy, as people might come in with a
! motor home, boat, etc., and that height is needed for cle�rance.
,�
'; Responding to a Council question, Mr. Boazman stated that the bank
; will be at elevation 942 and SuperAmerica will be at 937, so there
! will be a five foot difference in elevation between them. He further
; stated that all of the homes will be at the same level as the Curley
'� neighborhood, 942 to 943, which is five to seven feet higher than the
j SA facility.
Councilmember Huber asked how large the SA will be compared to
� the facility at West 7th and I-35E.
' Mr. Cronin responded that the facility at West 7th is 3,800 squaze
' feet as compares to the 3,500 square foot facility being proposed.
' Councilmember Huber stated that people aze going to come in and
line up, and it is a mess when there aze too few pumps. He further
� stated that a SuperAmerica is more than:a gas station and people do
not pull away from the pump when they pay for their gas. He noted
� that what Mr. Cronin is saying is that SA needs 12 pumps for the
, sake of congestion, and he pointed out that there is no other gas
' station like the proposed SuperAmerica in Mendota Heights. He felt
Page No. 16
Mazch 7, 1996
that the facility'should be bigger because people are not just going to
come in for gas�' people will go there to buy something other than
gas, and if to try to make the use smaller by reducing the number of
pumps will create a mess. He did not think it is appropriate to play
two SuperAmerica facilities against each other, and he felt that three
racks of pumps at the proposed facility makes sense.
Councilmember Koch agreed with,Councilmember Huber. She
stated that Council wants the site developei� the best that it can, and
when Council starts talking about the number of pumps, less is not
going to make the development better.
Mr. Hazdman, Vice President of Operations for SuperAmerica,
stated that SA is selling convenience, and the concept that is
proposed is what SA feels is the best convenience for its customers.
He stated that SuperAmerica wants people to come in easily and get
out easily, and twelve pumps gives the ability to get in and out
easily. He further stated that the traffic flow is much more
convenient. He informed Council that SA could have eight pumps
and possibly sell as much gas as 12, but it would be much hazder for
people to get in and out.
Councilmember Krebsbach informed the audience that she and
Councilmember Smith have served as the Council's subcommittee
on the matter. She stated that her over-riding interest has always
been t.�at a gas station at this corner serve the community and not the
highway traffic. She applauded the architecture for the community
look, but stated that she does not see any changes offered by .
SuperAmerica on operations such as hours of operation, the car
wash, the number of pumps, etc. She further stated that the letter
from SuperAmerica states that 40% of its robberies have been
between 3:00 and 4:00 a.m. or 4:00 and 5:00 a.m., and that is
actually 22% of the operating time. She stated that she respects
Chief Delmont's opinion, but this is a key point for her, and she
thinks a 24 hour operation is sigriificant. She pointed out that
everything regazding operation is the same as it was in November,
and she has see no documentation to verify that what is proposed is a
community station. She asked the SuperAmerica representatives to
submit reseazch and documentation. With respect to the caz wash,
she felt that it would add to the congestion, and if the pumps reduce
the feeling of congestion she would rather drop the cax wash. She •
further stated that if this is a bank/Super�America project, she expects
to see some level of detail on the bank before Council agrees to any
TIF participation. She stated that she would like to see a
comparison of the proposed location of the convenience store and
pumps to the existing structures. She asked if SA is planning to
Page No. 17
' March 7, 1996
' install a blue sig'n on I-35E indicating that there is a SuperAmerica, �� �
and stated that l�r biggest concem is that the facility will draw
i traffic from I-35E.
Mr. Cronin responded that there will be no off-site signage
associated with the store.
Councilmember Krebsbach stated that she has a different view of the
proposed T.H. 55 site for SuperArmerica, a�d pointed out that if the
Curley site is going to have a gas station it will be there for a very
long time.
I Mayor Mertensotto stated that if the city is going to contribute TIF
, for development of the site, all issues must be addressed.
' Mr. Boarman responded that the project is being moved along in
� incremental steps and he is not ready to address TIF at this point.
t
� Mayor Mertensotto asked what the time limit is for action on the
subdivision application. ,
!
Public Works Director Danielson responded that there are two time
� limits in the new legislation - a sixty da.y tixne limit will expire on
�, Apri16, and if it still needs review from a planning standpoint, the
time limit can be extended. ,
� ��
Mr. Boarman stated that the bank has to do something by early April
when its option on the land runs out. He stated that he hopes to deal
' with the TIF application requirements at the next Council meeting.
' Mayor Mertensotto informed Mr. Boarman that Council could not
' submit to a subdivision until there is a developer's agreement so
that Council knows what the city will get, because the total package
; includes TIF participation. He stated that Council would not grant
subdivision approval when there �are other components yet to deal
' with. '
! Mr. Boarman responded that he hopes that Council will deal with
, the subdivision and conditional use permit tonight, or at least carry
the matter over to the next meeting.
Councilmember Smith stated that in Mr: Boarman's letter of
February 6 he indicated that the bank needs an 8,000 to 10,000
square foot structure initially, with space to grow to a maximum of
' 26,000 square feet, yet tonight he mentioned 8,000 square feet.
�
Page No. 18
Mazch 7, 1996
Mr. Boarman re�ponded that the bank needs 8,000 square feet of �� '
space for its ope�ations, and that is what is shown on the site plan,
and there is enough room on the site plan to add a 4,000 square foot
second story and a full basement.
Councilmember Smith stated that she would hope that what the bank
is building will meet its long range needs. She further sated that she
has no idea if the site would be appealing to any other use should the
bank outgrow it, and that it is very. difficult'to redesign a bank
building for any other use. She asked if the building will be
designed with enough flexibility for other future use.
Mr. Boarman responded that bank currently has 7,000 squaze feet
and would have 8,000 square feet when they move into the new
facility. He further stated that a lower of level of 8,000 square feet is
available for their operational needs in the future, and there is also
the ability to add a 4,000 square foot second story. Regarding future
use, he sta.ted that flexibility is definitely a criteria in planning banks
so that they can be used for other purposes in the future. -�
Mayor Mertensotto stated that before Council can commit to a
subdivision, there must be an understanding of what will be done,
and that must be addressed through a developer's agreement.
Mr. John Nides, 2094 Patricia, sta.ted that Council has �ot addressed
the Planning Commission comments and recommendations or
addressed safety issues connected with the bike path.
Councilmember Krebsbach sta.ted that she thinks Council needs to
have a sense of where the buildings are now and where the new
buildings aze proposed to be. She stated that the safety of children
using the bike path is very important.
Mr. Mark Enderlein stated that he opened a business at Dodd and
T.H. 110 because it was a major intersection, and now Lexington
and T.H. 110 is becoming a major intersection. He did not see the
need for the SuperAmerica., stating that there are stations on Dodd
akeady, and SuperAmerica proposes another on T.H. 55. He felt
that SuperAmerica would have an adverse impact on the other
_businesses, and he did•not see why tax money should be used for the
project. � �
Park Commissioner Stan Linell stated that there is a gravel path now
that connects to the neighborhood. He asked if the neighborhood
would want a diagonal path along the residential Lot 2 or between
�
Page No. 19
, , March 7, 1996
' Lots 2 and 3, and stated that if this is desired, the easement should �� �
be negotiated naw.
' Councilmember Smith stated that she would like input from the
neighborhood. She stated that the pedway along Lot 3 should be on
the diagonal from the neighborhood to SuperAmerica.
Mr. Boannan sta.ted that the only reason he has not addressed the
bike path is because it is in the rigt�t-of-way area.
, Staff was directed to see if Mn/DOT has fee title to the right-of-way.
Mr. Nides sta.ted that he thinks the neighborhood would like to have
the pedway cut through diagonally.
Mr. Boarman informed Council that there was limited discussion at
the neighborhood meeting with no consensus. He asked if Council
would request the developers to dedicate an easement for the bike
path if it becomes a key element of the project. He stated that they
do not own the adjacent property.
Mayor Mertensotto responded that Council would probably require
an easement, as that would be the only way to accomplish the
pedway.
Councilmember Smith sta.ted that she feels the project is appropriate
:� for several reasons. She stated that the proposal is an enhanced use,
as there is already a gas station and store on the site. She further
stated that it is a contaminated site, and it would take a sophisticated
user to develop the site. She felt that those reasons are persuasive
; for the proposed use.
Mayor Mertensotto stated that stations like the one proposed usually
end with eight foot concrete slab around, and SA proposes a storage
� azea. He stated that the plan shows total landscaping all azound and
an underground sprinkler system.' He pointed out to the
, SuperAmerica representatives that outside storage is not allowed,
and that issue will be addressed in the developer's agreement.
' Cou�cilmember Krebsbach felt that if there is a car wash, the
'� vacuums should be eliminated, as they are noisy and subject the area
� to debris. ,
' Mayor Mertensotto listed the items wluch need to be addressed.
' They are: 1.) hours of operation; 2.) the need for a car wash; 3.)
removal of the windows from the car wash; 5.) the need for a
Page No. 20
March 7, 1996
vacuum cleane�'for the car wash; 4.) submission of more �
information on �Tie bank building, including what the bank will look
like; 4.) a topography plan showing the grade separation between the
bank and SuperAmerica; 5.) reduction in the canopy height and an
increase in the canopy roof overhang; 6.) Timberline roofing on both
the canopy and store; 7.) how many fuel pumps are needed and
whether a diesel fuel pump is needed; 8.).30 foot drive openings
rather than 35 foot openings; 9.) pazk contribution; 10.) the need for
another gas station; 11.) design of �he arch'ttectural band around the
SuperAmerica building; 12.) should there be a pedway along the
single family lots to provide a direct link to the neighborhood; 13.)
safety of the nearby trails; 14.) deta.ils on the location of the
contamination remediation structure; 15.) determination on whether
Mn/DOT owns the T.H. 110 right-of-way. Additionally, a
developer's agreement should be prepared for the subdivision,
addressing TIF, frontage road construction, and bank building
development, and stipulating that the development, including the
buffer and berm, will be in place prior to sale of the residential lots.
Councilmember Smith stated that the number of pumps directly
affects the size of the canopy, which in turn affects the appearance of
the site, and for that reason she would like fewer pumps. On the
other hand, she stated that she is somewhat persuaded by Mr.
Cronin's comments on customer convenience. She stated that she
will have to consider the issue further. ,
t
RECESS Mayor Mertensotto called a recess at 11:15 p.m. The meeting was
reconvened at 11:23 p.m. .
ZONING AMENDMENT Council acknowledged a memo from Public Works Director
Danielson regarding proposed Zoning Ordinance revisions for motor
fuel stations and bank drive-in windows. Discussion on the matter
was ta.bled to March 19.
PLANNING PROPOSALS Council acknowledged a memo �rom Public Works Director
Danielson regarding proposals for planning services.
Councilmember Smith moved to conduct interviews at 7:00 p.m. on
Wednesday, March 13.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
TREE MORATORIUM Council acknowledged a memo and proposed ordinance to establish
tree removal restrictions. Discussion on the proposed ordinance was
ta.bled to March 19.
Page No. 21
March 7, 1996
CASE NO. 96-01, SUPER Council aclrnov�iedged an application from SuperAmerica (SA) for a
AMERICA conditional use permit and variances for a SuperAmerica gas
sta.tion/convenience store proposed to be located at the southeast
� corner or T.H. 55 and Mendota Heights Road.
' Mr. Mike Cronin explained that SuperAmerica proposes to construct
a 3,500 square foot facility with three gas islands and a car wash.
; He stated that the property is five-sided, and the goal was to pull the
I development of the site as far to one end of the lot as possible. He
, informed Council that off there are boxelder and elm trees off the
site, in the Mn/DOT right-of-way, and he has asked Mn/DOT to
remove the trees and provide replacement plantings. A
representative of Mn/DOT visited the site and suggested planting
200 Amur Maples on that side of the site instead of on the highway
� right-of-way. He stated that SA also plans to plant Amur Maples
and other plantings on the site, and all will be urigated. Mr. Cronin
� then reviewed the variance requests. He sta.ted that the building
' meets the required 60 foot setback from a city street, except for the
� trash enclosure, but does not meet the 100 foot setback required
� from the Highway 55 right-of-way. He explained that SA chose to
' try to develop the two acres respecting the sixty foot setback and all
' but forty feet of the 100 foot setback, and asks for a 40 foot variance
� from the required setback from the highway right-of-way. He sta.ted
that this is a practical hardship because it keeps the site ppen.
�
; Mr. Cronin sta.ted that the second variance is for the sigh. He stated
that SA asks to be able to move the sign to allow it to be read from
the highway and Mendota Heights Road, and that the sign be
' allowed to be 143 square feet. He asked stated that SA asks to be
' allowed to use some of the unused but available building sign area.
Also, a variance to the fourteen foot sign ground cleazance
� requirement is requested. He explained that the sign is not in the
` sight line and will be in a landscaped and curbed area. Mr. Cronin
, stated that the Planning Commission requested that SA consider a
� monument type sign. A design for a monument sign has been
� submitted, but SA prefers a pylon sign on two poles. He stated that
, SA feels a pylon sign is much more appropriate and open for its
proposed location. With respect to the trash enclosure, Mr. Cronin
� e�plained that there is a berm hind the enclosure and it will be
i screened by Norway Pines: . .
' Mr. Gronin stated that the additional square footage on the sign is
' needed because the sign carries both trademark and pricing
' information, and the sign is the only place where specific pricing
Page No. 22
March 7, 1996
information wi�Y occur. He further stated that the sign size is needecl�
for visibility, siuice the facility is 200 feet from the roadway.
Mayor Mertensotto asked how the sign request compares to the
industrial park sign requirements. �
Interim Administrator Batchelder responded that the policy in the
industrial park is for monument signs, and they aze allowed to be
setback twenty feet rather than the.forty fe�t that the ordinance
requires for the industrial district.
Mayor Mertensotto stated that the request is for a sign that is sixteen
feet from top to bottom. He asked what the canopy height is and
what the Planning Commission issues were.
Mr. Cronin responded that there is a 14 1/2 foot clearance and a
three foot band and that the canopy will be flat. He explained that
only the signs on the canopy will be lit. With respect to Planning
Commission issues, Mr. Cronin stated that after the first meeting
with the Planriing Commission, a variance for, one corner of the
building was eliminated. He stated that he believes the second issue
was just that two of the commissioners did not want any variances.
He felt that the sign proposed is more appropriate than a monument
sign, but SA would install a monument sign if that was Council's
desire. Responding to a question from Councilmember,Krebsbach,
he exp�lained that it would be the same sign, but it would be on a
sixteen foot brick face.
It was the consensus of Council that a monument sign of that size
would be too massive.
Councilmember Smith stated that she feels that in this location the
pylon sign is more appropriate. She expressed concern that
approving the sign the way it is and in the proposed location would
set a precedent for the two undeveloped lots on Northland Drive,
and that the sign could restrict visibility to those lots.
Councilmember Huber asked how big the normal SA signs are. Mr.
Cronin responded that the signs are as large as possible, generally
ten by thirteen, and most are typically much closer to the street. He -
explained that in this case, SA is aslcing for a 9' 10" by 16'3" sign �
because the sign will be set back so faz. :
Councilmember Smith stated that the lot is not in a commercial area
and SA will not have to compete with other businesses. She felt that
people would see the normal sized sign.
Page No. 23
March 7, 1996
�
CouncilmembevKrebsbach agreed, and stated that Council does not
want to set a precedent.
Mr. Cronin responded that the difference is that this is a five sided
lot with three frontages, and SA is not using the total square footage
of signage that is allowed for the site. .
Councilmember Huber stated that the sign 'vvould be 150 feet from
the road. He suggested approving a 10 by 13 foot sign. He stated
that in the industrial area most people aze not looking for a retail
business.
' Mr. Cronin stated that the gas industry is the only industry that
; advertises its prices and the sign has to be price-readable or people
� will drive by.
; Councilmember Krebsbach asked Public Works Director Danielson
i to address Mr. Cronin's comment about some of the Planning
� Commissioners not wanting variances at all. .
I Mr. Danielson responded that three of the members were concerned
about granting any variances whatever, but he did not know that
there was any member who totally objected to the development on
, the site. � '
�
I Councilmember Smith stated that she takes variances very seriously
as well and would only like to consider them if there is a reason they
', should be granted. She informed Council that she talked to Public
� Works Director Danielson about B-3 districts and if there are any
; other areas that would be impacted by a 100 foot setback from the
' highway right-of-way. She informed Council that this is the only
site in the city that would be impacted this way. She explained that
' the setback was established because at the time it was established the
� city did not know what would be�right-of-way and what would be
; platted. She felt that a sixty foot setback is appropriate for the site.
; Mayor Mertensotto stated that the sixty foot setback that is requested
� is for the location of the canopy and the building. He explained that
! Council has established a strict sign policy for the city and stated
that he wants to stay with that policy. He felt that if Council were to .
� approve a 50% increase in sign size for �uperAmerica, there would
'� be many others applying for larger signs. He stated that by
ordinance the sign size can be 100 squaze feet.
`
= Page No. 24
March 7, 1996
Councilmember Krebsbach informed the SA representatives that the
city has no str�t lights and no lighting at nighty axld the �ity is Very
low key.
Responding to a questian from Mayor Mertensatto, Mr. Cronin
stated that the trash container is campletely enclosed in brick and is
covered. He stated that the graund behind the enclosure is higher
and shields the enciosure, and SA will plant eighi to nine Norway
Pines in the corner behind the corYtainer to fizrther shield it.
Mayor Mertensotto stated that the property is in a B-3 district, and
ihe only way a conclitionai use pernut can be granted is if Counczi
amends the B-2 zaning uses (conditional uses in the B-2 district aze
alsa conditional uses in the B-3 disirici}. He suggested that Council
could grant concept approval conditioned upon 1) fi�rther staff
review of the landscaping plan; 2} fiarther considerafiion of the
requested variances for location of the sign and the setback of the
building fram the righi of way; 3) na varianee for sign height; 4} na
windows in the car wash; 4) grading plan review by staff; S) further
review of lighting. .
Counciimember Krebsbach was concerned abaut the car wash. She
stated that she supports the car wash at this location but would like
to analyze it fiarther.
Mayor Mertensatto stated that there will be a heated apran and the
caz wash will not be operated at temperatwres below zero.
Councilmember Smith suggested treating the trash enclosure as an
accessory structure ta avoid granting a variance,
Interim Administrator Batchelder responded that this is one of the
areas where the building code is in conflict with the Zaning
C►rdinance, but staff wilI look into the possibility.
t
Counciimember Krebsbach stated that Cauncil has nat discussed
hours af operation. She stated that she wauld be willing to agree
with 24 hour aperation if SA agrees it will reduce the hours of
aperation if the city finds that there are any problems.
Councilmember Smith maved to grant conceptual approval of the
SuperAmerica project subject to revtew oflighting, grading and
landscapu�g and further review of the car wash, along with sta.ff .
reseazch as ta whether a conditionai use pemut for accessory
Ayes: 5
Nays: 0
COUNCIL COMMENTS
APPROVAL OF MINUTES
Ayes: 3
Nays: 0
Abstain: 2 Huber, Koch
ADJOURN
Ayes: 5
Nays: 0
ATTEST:
Charles E. Mertensotto
Mayor
Page No. 25
March 7, 1996
structure should�be considered for the trash enclosure.
Councilmember�i�och seconded the motion.
Mayor Mertensotto briefly discussed cable television franchise
issues. He felt that franchise renewal discussions should be
discontinued because of the uncertainty due to the Continental
Cablevision/LT.S. West merger. ,` ��
Councilmember Smith informed Council that she will not be able to
attend the March 19 meeting.
Councilmember Krebsbach suggested that Council conduct a
� workshop with the Planning Commission to discuss senior housing,
�i lighting and stadiums. Mayor Mertensotto felt that Council should
i conduct its annual goal setting session, after which a joint workshop
I could be held.
I Councilmember Koch informed Council on CDBG reductions for
i 1996.
'
Councilmember Smith moved approval of the minutes of the
regular meeting held February 20, 1996 as amended.
Councilmember Krebsbach seconded the motion. �
� .
', There being no fiu�ther business to come before the Council,
Councilmember Koch moved that the meeting be adjourned to 7:00
� p.m. on March 13 for a Council workshop on planning service
� proposals.
Councilmember Smith seconded the motion.
;
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� TIME OF ADJOURNMENT: 12:27 o'clock A.M.
Kathleen M. Swanson, City Clerk
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUN�7'Y, MINNESOTA
CITY COUNCIL AGENDA
March 19, 1996 - 7:30 P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approvai of March 7 Minutes
5. �onsent Calendar
a. Acknowledgment of the February 14 Airport Relations Commission
Minutes.
b. Acknowledgment of the March 12 Parks and Recreation Commission
Minutes.
c. Acknowledgment of the February Fire Department Report.
d. Acknowledgment of Parks Department and Police Department�Park
� Status Reports for January and February.
e. Acknowledge Receipt of the Unapproved Mi�utes from the February
15 NDC4 Commission Meeting. ,
f. Approval of Resolution Approving Final Plans and Specifications and
Authorizing Advertisement for Bid for the Wentworth Watermain
Project (Improvement No. 95, ProJect No. 4) -
RESOLUT/ON NO. 96-12
g. Approval of Funding S�ource for Reptacement of Bridges in Valley,
Rogers and Wentworth Parks.
h. Authorization to Purchase 4 Wheel Drive Chevrolet for Parks
Department.
i. Authorization to Award 1996 Street Sweeping Contract.
j. Approval to Delay the Purchase of Portable Defibrillator Units.
k. Approval of 3.2 Malt Liquor License (On-Sale) and 3.2 Malt Liquor
- License (Off-Sale).
I. Approval of the List of Contractors.
m. Approval of the List of Claims. �
� �� . .� -� «�:,,
6. Public Comments , �� -
7. Unfinished and New Business f i
a. Discuss Gopher One Call Building Permit Request.
b. Case No. 96-05 and 96-06: Dakota Bank - Subdivision and
SuperAmerica - CUP and Variances
c. Case No. 96-01: SuperAmerica (Highway 55) - CUP and Variances -
RESOLUT/ON NO. 96-13
d. Discuss Zoning Ordinance Revisions for Motor Fuel Station and Bank
Drive In Windows - ORD/NANCE NO. 305
A�.bl- o+� w.�.•w
e. Discuss Proposal for Cable Franchise Extension and System Rebuild.
f. Consider Land Acquisition - Southwest Corner of Highway 13 and
Pilot Knob Road.
g. Discuss Proposed Eagan Comprehensive Plan Amendment.
h - � /'�ter �S ��'a.�.
8. Council Comments
9. Adjourn �
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Auxiliary aids for disabled persons are available upon request at least 120
hours in advance. If a notice of less than 120 hours is received, the City of
Mendota Heights will make every attempt to provide the aids, however, this
may not be possible on short notice.� Please contact City Administration at
452-1850 with requests.
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' CITY OF MENQOTA HEIGHTS
DAKOTA COUN�'Y, MINNESOTA
AIRPORT RELATIONS COMMISSION �
FEBRUARY 14, 1996
The regular meeting of the Mendota Heights Airport Relataons Commission was
held on Wednesday, February 14, 1996 in the City Hall Large Conference Room,
1101 Victoria Curve. The meeting was called to order at 8:06 o'clock P.M. The
following members were present: Beaty, Surrisi, Gross, Leuman, Stein and Olsen.
Commissioner Fitzer was excused. Also present were Interim City Administrator
Kevin Batchelder and Senior Secretary Kim Blaeser.
OFFICER ELECTION
�
Commissioner Surrisi moved to reappoint Scott Beaty as Chair and Joe
Leuman as Vice Chair for 1996.
Commissioner Stein seconded the motion.
AYES: 5
NAYS: 0
APPROVAL OF MINUTES ' �
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Commissioner Gross moved approval of the January 9, 1996 minutes. _
Commissioner Leuman seconded the motion.
AYES: 5
NAYS: 0
Chair Beaty inquired if staff has clarified the change in magnetic heading
with Mr. Foggia. Interim Administrator Batchelder informed the Commission
that Mr. Foggia has not returned his phone calls. �� In response to a question
from Chair Beaty, Batchelder stated he will research the ground noise test
times and report back to the Commission at an upcoming meeting.
ACKNOWLEDGE RECEIPT OF VARIOUS
REPORTS/CORRESPONDENCE
The Commission acknowledged receipt of the MASAC October 24, 1995
minutes. �
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The Commission acknowledged rec�eipt of the MASAC December 5, 1995
minutes. �
The Commission acknowtedged receipt of the MASAC Qperations '
Committee minutes of January 17, 1996. The Commission noted that the
MASAC Operations Cammittee reviewed the City of tnver Grove Heights
request to change the current MSP Tower Qrder of turning aircraft as soon
as practical after the 3-mile point. The MASAC O�ieratiows Committee has
accepted the change to the MSP Tower Order, as requested by inver Grove
Heights, and has forwarded this recommendation ta the MASAC, MAC
Planning & Environment Committee, MAC Full Cammission and the FAA.
The Commission noted that Mr. Foggia informed the MASAC Operations
Committee that the wording change retains the spirit of the existing order,
but clarifies an important poir�t to downstream communities. The FAA has
communicated that this change would not affect aircraft operations and that
aircraft already turn as saon as possible after passing the 3-mile turn
restricted area. The Cammission acknowledged that the City of Eagan is
opposed to this change. ,
lnterim Administrator Batchelder reviewed a January '18, 199� letter from
Mayor Mertensotta infarming Nigel Finney, of MAC, that the City Council
has unanimous[y endorsed the MAC's Carridor Refinement Proposal #1 for
Non-Simultaneous Departure Conditions. Batchelder explained that �he City
o# Eagan supports a modification of the off-peak corridor procedures for the
north parallel runway, shifting the off-peak heading from 105 degrees to
11 t3 degrees. Batchelder informed the Cammission that the MAC and FAA
support the Non-Simultaneous Departure Conditions proposal and we are
waiting for FAA/Great Lakes office to approve its impfementation.
Batchelder sfiated that staff would contact IVIAC inquiring about the status
of the nan-simuitaneous praposal.
DISCl1SS NOISE ABATEMENT DEPARTURE PRO�(LES �
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Interim Administrator Batchelder explained that on January 17, 1996 the
MASAC Qpera#ions Committee reviewed the analysis on the Noise
Abatement Departure Profiles (NADP). He explained that Mr. Futterman,
HNTB Consulting, presented noise contour anatysis of both a Distant
Pracedure and .its alternative, the Close-In Procedure. Batchelder sfiated that
this analysis was incomplete because there was na cumuiative noise �
contours, only singte event contour analysis. Batchelder explained that a
special MASAC Operations Committee meeting will be held on February 1 fi,
2
1996 to review cumulative contaur analysis that will include population
counts within the contours. Batchelder stated that the intent of this
.�
meeting is to allow cities time ta react prior to the February 26, 1996
MASAC meeting. Chair Beaty asked that the Commission be given this
information.
� The Commission reviewed several charts which indicated DC9 Clase-In
Departures and DC9 Distant Departures. The Commission discussed which
NADP would most benefit the City of Mendota Heights. '�he Commission
asked for cEarifica#ian an each procedure. The Commission discussed how
the City could best inform its residents of on-going airport issues that
directly impact the City of Mendota Heights.
�
ACKNOWLEDGE RECE[PT OF VARiBUS
REPURTS/CORRESPONDENCE
The Commission acknowledged receipt of a memorandum from Mr. John
Foggia to the MASAC C3peratians Committee regarding shouider hour
considerations. Batchelder stated that Rlorthwest Airlines is hesitant to
participate because they have only 1 ar 2 flights that fly during the
proposed 11:00 p.m. to 6:ClQ a.m. restricted or quiet hours. Batchelder
stated that Northwest Airlines infiends to survey other carriers.
Commissioner Gross suggested that other cities get together and support a
curfew. He' stated that i# noise� is a probtem during the late even�nglearly
morning hours, and a reasonable assumptian wauld be that p�ople are
sleeping between 1:04 a.m. and 5:QC1 a.m., then quieter aircraft should be
flying during these times when lives are ma�e affected. Batchelder stated
that the non-simuttaneous departure procedure may pravide same nighttime
- relief by keeping planes to the center of the corridor.
The Commission acknowledged receipt of the MAC Part 150 Residential
Sound Insuiation Program tnformation. The Commission noted that the
boundary block now includes Wagon Wheel Trail:
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The Commission acknawledged receipt of a 1994 ta 1995 Comparison by
Air Carrier - Noise Management Methodofiogy report.
The Commission acknowtedged receipt of the MASAC Technical Advisor`s
report for November. �
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The Commission acknowledged receipt of the Corridor Gate Penetra#ion
Analysis for November.
3
The Commission acknowledged re�eipt of the MASAC Technical Advisor's
report for December.
,�
The Commission acknowledged receipt of the MSP Monthly Complaint
Summary.
The Commission acknowledged receipt of the SMAAC Newsletter.
The Commission acknowledged receipt of the Part;•150 Bdyout Update.
The Commission acknowledged receipt of a joint MAC/Metropolitan Council
meeting announcement.
DISCUSS MENDOTA HEIGHTS AIRPORT PLAN OF ACTION
The Commission reviewed the existing Mendota Heights Airport Noise Plan
of Action which consists of the following Air Noise Plan of Action Elements:
1. Noise Reduction through Modified Takeoff Procedures
a. Non-simultaneous takeoff procedures
b. Rate of climb procedures
c. Mandatory nighttime restrictions
2. Heighten Awareness of MH Air Noise Concerns �
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a. Distribution of refrigerator magnets
b. Expanded mailing list of ARC agenda ;
c. Appointment of City resident to the MAC
3. MSP Long Term Comprehensive Plan
a. Prevent construction of third north parallel runway
4. Conversion to Stage III Quieter Aircraft Fle�t
a. Assure conversion by the year 2000
5. Noise Reduction through litigation
a. Possible legal challenge?
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6. Noise Mitigation through Sound Insulation
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a. Assure school sound insulation
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The Commission noted that the last time the Airport Plan of Action had been
revised was on August 2, 1994.
The following Issues were reviewed and determine;d eithef complete or
revised to pursue further action:
a. Issue: Noise Reduction Through IVlodified Takeoff Procedures
The Commission has completed the following Action Steps:
�
1. Review previous MAC representations on issue with City Council.
2. Draft letter to MAC requesting update on revised non-simultaneous
takeoff procedures - invite Mr. Hamiel to upcoming ARC meeting.
3. Depending upon response, chose appropriate means of advocating
rapid implementation of new procedures.
The Commission felt that additionaf follow-up with MAC and the FAA should
be pursued.
B. Issue: Noise Reduction Through IVlodified Takeoff Procedures t
�
The Commission has completed the following Action Steps:
1. Review FAA requirements with City Council.
2. Continue participation on MASAC Operations Committee which is
currently reviewing issue.
The following should be com'pleted/implemented:
1. City recommend what procedure should be`;tested - February 14,
1996
2. MASAC reports recommendation to MAC Planning and Environment
Committee - February 27
3. MAC Planning and Environment reports recommendation to MAC
4. MAC recommends to FAA procedure be tested. -
5. FAA designs flight procedure be tested. � .'
6. FAA begins flight test. '
7. City to evaluate test results and make recommendation to MAC and
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FAA. ,
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C. Noise Reduction Through Mpdified Takeoff Procedures (Adoption of
Mandatory Nighttime Takeoff Regulations to Reduce Noise Generation
Over Mendota Heights) -- - -
The Commission has completed the following Action Steps:
1. Review previous MAC representations on is�ue witFi City Council.
2. Research nighttime flight restrictions imposed at other U.S. Airports.
3. Depending upon findings, prepare request to MAC for adoption of
more stringent requirements.
The following should be completed/implemented:
1. Between the hours of 10:30 p.m. and 6:00 a.m., only Stage III
aircraft to fly during this time period.
2. Call NOfSE and inquire about U.S. airport nighttime restriction.
D. Heighten Awareness of Mendota Heights Air Noise Concerns (Produce
and Distribute Informative Refrigerator Magnets Advertising the MAC
Air Noise Complaint Line)
The Commission has completed the following Action Steps:
1. Investigate costs of tmagnet production and distribution
2. Commission to review design
3. Order delivered to City Hall ,
4. Magnets distributed to Council and Airport Relations Commission
5. Commission to review final letter and news release
6. Magnets distributed to residents
7. Additional magnets available at City Hall upon request
The following should be implementede
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1. Inform the community of ongoing ARC projects and concerns using
the City's newsletter and separate single page mailings.
E. Heighten Awareness of Mendota Heights Air Noise Concerns (Expand
Distribution of Air Noise Related Information) -
The Commission has completed the following Action S�eps:
�
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1. Expand mailing tist for ARC agenda to include State Senators and
Reps.
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2. Mail letters to State Senator.s and Representatives introducing ARC.
3. Invite guests to manthly ARG meetings �i.e., Mr. Namiel, Mr.
Wagoner, State elected officials)
4, Expand coverage of air noise issues.
The following issues wi11 be pursued further:
9. Continue to inform S#ate Senators and Representatives about the
ARC.
2. lnvite, quarterly, guests to speak at ARC meetings.
3. Devote entire page of air noise issues in the City's newsletter.
4. Continue to send press releases to newspapers, State Senators and
� Representatives.
F. Heighten Awareness of Mendota Heights Air Noise Conc�erns
{Appointment of City Resident to #he Metropotitan Airparts
Commission�
The Commission has completed the #ollowing Action Steps:
,
1. Review current distribution of MAC Commissioners with ARC.
2. Prepare tetter to gubernatorial candidates asking for their position on
MSP expansion, corridor use, MAC representation. �
3. Discuss City concerns with our current MAC representa#ive.
4. Monitar gubernatorial election.
The following issu�s will 6e pursued further:
1. Discuss concerns with State Senators and Reps. Regardi�g
compasition �of MAC. Pursue legislation to amend MAC
Commissioner boundaries.
2. Compare cities affected by air noise to MAC representatives.
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G. MSP Long Term Comprehensive Plan (Prevent Construction af Third
Narth Parailel Runway)
The Commission has completed the fottowing Action Steps:
1. Update Commission on status of MSP LTCP Study.
,
The Commission discussed how the Long Term Comprehensive Planning of
`�
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the airport should be discussed in �onjunction with the Dual Track issue.
H. Conversion to Stage III Quiet�r Aircraft (Assure Conversion by Federal
Deadline of Year 2000) �
� The .Commission has completed the following Action Steps: - _� -
1. Review NWA obligations to MAC regarding Stage II phaseout and
research fleet mix at various airports around the country
2. Prepare letter to MAC regarding ongoing contract talks with NWA to
request inclusion of language specifying phase out date.
3. Work with MAC commissioners who are supportive of effort to help
build consensus amongst MAC.
4. Letter to NWA asking for their cooperation in committing to Year
2000 phaseout.
5. Prepare media news releases and information letters explaining issue
and asking for letters and/or calls to MAC in support of contractual
language .
I. Assure Installation of Sound Insulation in Schools Affected by Air
Noise Exposure (Air Noise Mitigation Through Sound Insulation)
The Commission acknowledged that City Council has authorized the
issuance of building permits to St. Thomas and Visitation which would allow
the installation of sound insulation.
Commissioners Surrisi and'Olsen were excused at 10:30 p.m.
The Commission was of the consensus to table discussion on the Dual
Track Planning Process until their April meeting.
Chair Beaty commended Mayor Merfensotto and City staff on their efforts in
producing a February 12, 199C letter to the MAC regarding the City's
comments on the Dual Track Airport Planning Process Draft EIS.
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ADJOURNMENT '
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There being no further business, the Airport Relations Commission moved to ►
adjourn its meeting at 10:40 p.m.
Respectfully submitted,
Kimberlee K. Blaeser ` �
Senior Secretary ,
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CiTY tJF MENDt)TA HEIGHTS
DAKOTA CCiUN�,TY, MItVNESQTA
PARKS AND RECREATION COMMISSION MINUTES
MARCH 12, 1996
The regular meeting of the Mendota Heights Parks a�d �ecreation Commission
was held on Tuesday, March 12, 1996 in the City Counci! Chambers, 1101
Victoria Curve. The meeting was ca!!ed to order at 6.35 p.m. The follow�ng
members were present: Liberacki, �ibra, Spicer, Norton, �innell and Damberg.
Commissioner Kleinglass was excused. Also present were Interim City
Administrator Kevin Batchelder, Parks Project IVlanager Guy Kullander and
Recreation Programmer Chr�s Esser.
KENS111tGTON SQCCER FlELD
Commissioner Libra inquired if the Kensington soccer fields woutd again be
top dressed this spring. Parics Project Manager Kuliander responded yes,
that the soccer fields at Kensingtan had atready received two or three
applications of top dressing at this stage and that a fourth top dressing wiil
� occur this spring including over seeding.
INTRODUCTN3N OF NEW RECREATION
PRtaGRAMMER - CHRtS ESSER '
Chair Spicer introduced the new Recreation Programmer, Mr. Chris Esser to
the other members of the Parks and Recreation Commissian.
APPROVAL OF MINUTES
Commissioner Linnelt maved�to approve the February 13, 1996 minutes
with corrections. '
Commissianer Liberacki seconded the motion. ',
AYES: fi
NAYS: U
MENDAKQTA PARK lIGHTS �`
TASK FURCE �
Interim City Administrator Batchelder stated that the City Council had
considered a feasibility study for lights at the Mendakota Park battfields at
their February 20, 9 996 meeting. Batchetder stated the City Council
r �
discussed this issue for approximately two hours with the ballfietd
neighbars, Mendata Heights A#hletic Association and adult softball
representatives. Batchelder statei! the City Council had directed staff to
develop a potential task force consisting of no more than fifteen members
., _. . that wautd represent the Friendty Hills First Addition, Mendakota E"states
and representatives from the Mendota Heights Athletic Association and
adult softbail league. He stated that the purpase of the task force was to
address scheduling issues and other alternatives to placing lights at
Mendakota Park, as well as, considering atternativ� designs for lights at
Mendakota Park. Batchelder stated the task force would be conducting its
first meeting on Monday, March 18 at City Hall at 7;00 p.m. and that any
Parks Commissioners that wish to attend are welcome. Batchelder stated
that Commissioner Kleinglass had indicated an interest in being on the task
force.
Batcheider stated the City Council desired that the task force work an this
issue and bring the matter back through the Parks and Recreation
Commission and then ta #he City Councii.
Commissianer Libra stated he had watched the City Cauncil, meeting on
televisian and had been impressed that the City Council was patient and
made the right decision to listen to the residents and solicit their input
throughaut the evening. Libra stated this was a lengthy discussion but he
felt it was valuable and he feefs the task force will be a good effart to
inform the neighbars about this process and to get their input. ,
. <
NORTH KENSINGTON PARK
Parks Projecfi Manager Kullander provided an overview of the plan for fVorth
Kensington Park and the schedule for moving farward on this project in
1996. Kullander stated #hat in order to bring this ptan in under budget, the
City wouid have to eliminate the muck grading and excavation that had
been scheduled for reconstruction of the po�d area. Kullander stated the
rest of the plan cauld be completed as discussed. by City Council. Kullander
stated that the plan can come in under budget which had been estimated to
be approximately 540.000 to do the design prepared by our cansultant with
the exception of the excava#ion of the pond and the redesign of the pand
area. �
Kullander stated this proje��C will be bid out in April for June construction.
Commissioner Linnell statec# #iiat improvements had been planned at the
south end of the pond where the storm water pipes come into the pond and
inquired if soKne• of those impravements stitl could be included in the praject
while staying within the budget.
f «
WENTWORTH PARK
Parks Projecfi Manager Kullander stated the 1996 Capital Improvement Plan
had scheduted $20,004 to be budgeted from the Speciat Park Fund for
improvements in Wentworth Park including a picnic shelter, grills, enlarged
warming house and entarged free skating area. Kullander stated that at the
Park Cammission's last discussion of this issue they had stated their intent
to provide one shelter similar to the picnic shelters existing at Kensington
Park. Kullander stated that if we go with a larger;size than the 16' x 16'
shelters in Kensington Park we wili incur the costs of an architect to design
the building. Kullander stated that if we ga with a 16' x 16' picnic shelter
then we can use the Kensington plan as is without the need to hire an
architect. Kullander estimated the cost of this to be approximatety
s � z ,000.
Kullander described where the gritts woutd be installed and stated that it
was a possibility to place some stone bench�s in the picnic area. Kullander
stated that the Cammission had expressed an interest in brushing out #he
trees in the area north of the parking lot and that this cauld be done and a
' woodchip trait cauld be placed through these trees to open this area.
�Kullander stated the purpose of brushing out this wooded area wauld be to
heip the pine trees and significant trees thrive. Kullander described the
enlarged free skating area. He discussed enlarging of the warming house
and the potential that an enlarged warming house could also be used in the
summer for recreation ctasses. �
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The Gammission discussed the appropriate size and number of picnic
shelters for Wentworth Park. The Commission agceed that extra picnic
tables should be placed around the picnic shelter as a place for peopie to
congregate for picnics.
Commissioner Damberg moved to recommend that a 16' x 16" shelter
similar to the design at Kensmgton Park be placed in Wentworth Park in
1996. �
Commissioner Norton seconded the motion. `
Commissioner Linnell expressed a concern that a 1 fi' x 16' shelter might be
too small for Wentworth Park. Linnell stated that both VaNey Park and
Roger's Lake Park have 20" x 24' picnic shelters that are capable af holding
four picnic tables underneath the roof.
The Gommission discussed the appropriate size of a picnic shelter in
Wentworth Park and the appropriate amount to budget for a shelter that is
of a similar design and size as Kensingtan Park.
Commissioner Damberg withdrew y�er motion.
The Commission, directed staff to get a quote for one large picnic shelter or
two 16' x 16' picnic shelters with a similar design to Kensington Park.
Commissioner Linnell moved to recommend that City Council improve the
installation of a picnic shelter in Wentworth Park depending upon the quotes
received that would include three new grills and one light for an expanded
free skating ice rink. Commissioner Linnell stated �hat this motion should
also include the brushing out of the wooded area.
Commissioner Norton seconded the motion.
AYES: 6
NAYS: 0
UPDATES
Commissioner Damberg submitted an article on the City of North St. Paul's
efforts to get a pedestrian bridge over Trunk Highway 36 and MnDOT's
positive response to these efforts. Commissioner Damberg inquired why
MnDOT had not been positive in responding to the City of Mendota Heights'
request for a pedestrian bridge over Highway 110.
Parks Project Manager Kullander stated that the Dodd Road trail project had
been submitted to MnDOT for cooperative agreement. He indicated �that
MnDOT had approved S 10{0,000 for the installation of a�right turn lane and
culvert extension to make for a safer trail between the Amoco and Dodd
Road. Kullander stated the rest of the project is waiting for ISTEA funding
approval and that we should know about that in the next month.
Kullander stated the City could reapply to MnDOT next year for the
remainder of the project if it is not approved for ISTEA funding. He stated
we now know that if this is �pproached as a safety issue, MnDOT will do
the road improvements and the City can consider contributing the
construction of the bike pathe �,
Recreation Programmer Chris Esser informed the Commission that Mayor
Mertensotto had instructed him to respond to a constituent request. Esser
stated the Mayor had received a phone call from a parent upset with the T-
ball program operated by the Mendota Heights Athletic Association because
of their age limitations and restrictions. Esser stated this resident wanted '
City response and City action on the Mendota Heights �4thletic Association's
age restriction for T-ball because the City provides an annual subsidy for the
T-ball program.
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The Commission discussed this co�stituent`s request and instructed
Recreation Programmer Esser to inuite the T-ball Gommissioner to visit with
the Parks and Recreatian Commission in April so that the Parks Cammission 1
could review the T-ba!! program, its costs and the City`s annual subsidy.
Chair Spicer stated that Mendota Heights Athletic Association T-ball
program has age r.estrictions because of safety issues and the abilities of
, children at those ages.
ADJOURNMENT ' �-
,
There being no further business, the Parks and Recreation Commission
moved to adjoum its meeting at 8:45 p.m.
Respectfully su6mitted,
Kevin Batchetde ., �,�
Interim City Admi ator
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�+�' � - � • '' SAINT.PAUL PIONEER PRESS � •Y
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SE„ _ �j .
. , SUB�JRBS
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Hi hwa � 36 is barri.er to foot �raff ic�`
g Y
■ North St. Paul
� proposes bridge
for pedestrians
JIM BROEDE s7nFF w�treR
� �t's no Ber- �yHAT'S
lin Wall. NEXT
Still, Min-
nesota� 36 is If funding Is
seen as a ge- granted for the
destrian bai- $800,000
rier in North Pedestrian
St. Paul,' di- bridge,
viding north construction
and south could start in
sides of the 1997.
�city of
12,500 residents.
"We have everybody from stu-
dents at North High School to el-
derly citizens crossing that busy
highway," assistant city manager
Linda�Cummings said. "It can be a
scary egperience. One of these
days somebody is going to get se-
. riously hurt or killed."
To solve the problem, the city
has proposed building an �800,000
pedestrian bridge in the vicinity of
Margaret or First streets. If fund-
ing. comes through, construction
could begin in 1997.
� The city has applied . for a
�640,000 federal grant under the
Intermodal Surface Trancnnrta_
t�on Efficienev Act. • .
"If that gets approved, we will
be on our way,". Cummings said.
:-S:: . � .•:� T .5:; � , � � � r: ;:.•-, -•:•; ,
- >r",�2' r ''Z,,Y �t. > ;>' -; µ'u. .(;�t`;; -,;-2. �.
"But we will still have to fir,d a
way to raise the remaining 20 per-
ce'nt of the�cost " •
'� Actually, part, if not all of it,
could come from the Minnesota
Trans • ' � e ar�m�ii�` ..� � .
e t}unk a pedestrian bridge in�
North St. Paul is a desirable pro-
ject," metropolitan divisior. engi-
"One of these day� '
somebody is going
to get seriously h�a�
or killed."
u�roa cunrtnnuvcs
ASSISTANT CITY MANAGER
NORTH ST. P�1UL
. - ' >
.:. ;;: �;
���z���: r�;�: :,��.:�
neer Chuck Siggerud said, �`and we
are willing to participate� Sa the
costs." `
The state �also has offer� to
conduct a study to deter:_,in� an ;�: .
appropriate location. � � . .. � ���
"We want to make sure that tlie ��� `��"
bridge is where people will use it,"
Siggerud said. "Otherwise, they
will continue to walk across ��, the
highway, and we will have c�asted
, our money."
Cummings said it's more � case
now of pedestrians having tc: s �ur- ;
ry — rather than walk — �;��ss� ^�:;:::,�:;;:.;;�;:::;;:.:,.�.::
•;;;..>;
the highwaq. . . �i���i,>�s>it;;'::FS<i::;::''s
"Those `walk' lights � aren'i on . ' ��� � � �
for very .long," she said. � "Some�
people get caught in the me.�ian.
� It's a dangerous situation." '
:• Siggerud was unaware of the
"walk" lights' timing problems:
"We'll look into it," he said.
,•
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MENDOTA HEIGHTS FIRE DEPARTMENT
� FEBRUARY 1996 MONTH�Y REPORT .
FtRE CA11S iVO. 36025 - 96049 NUMBER OF CALl.S: 25
E ALARMS D15PATCHEQ: NUMBER
ACTUAL FIRES
Structure - MN Commeraal
Structure - MH Residential 3
Strvcture - Cantract Areas
Vehicle - MH 2
Vehicte - Contraet Areas
Grass/Brush/No Value MH
GrasstBrushtNo Value Contract
MEDICAL
Assist 1
E�ricatiorf 1
HAZARDOUS SlTUATlON
Spi11slLeaks i
Arcing/Shorting
Chemical
Pawer Line Down
FA�.SE AIAitM
Residential Malfunctian 3
Cornmercial Malfunction i
Unintentional - Commercial 3
l�intentional - Residentiai 1
Criminat
'!D INTENT
�moke Scare 3
Steam Mistaken far Smoke
Carbon Mano�tide Alarms 5 .
Other 1
MUTUAL A1D
TOTAL CALLS 25
LOCATION OF FIRE ALARMS: TO DATE
MENDOTA HEIGHTS 23 43
MENDOTA 0 0
SUNFISH LAKE 0 2
LILYDALE 2 4
t?THER , 0 {}
TOTAL 25 49
WQRK PERFORMED HOUR5 Tt3 DATE
FIRE CALLS 475.5 92$
MEETINGS 69 111
DRILLS 134.5 270.5
WEEKGY C�FAN-UP 29 6d.5 '�
-�—
" 'IAL AC7'NITY 185 193
. ,�NlSTATlVE 0 0
FIRE MARSHAL 76.5 162
TCITALS 965,5 1725
,
STRtJCTURE , CONTENTS M{SC. TOTALS TO DATE
$0
$1,500 $500 $72,000
$0
$1,500 $12,500
$0
TQTA� MONTH�Y FIRE LOSSES y
$1,500 $4 $2,000
FIRE LOSS TOTALS MENDOTA HElGHTS
All FIRES, ALL AREAS (MONTH) $3,500 $84,500
MEND. HTS. ONLY STRllCI"/CONTENTS $71,5p0
MEND. HTS. ONLY MISCELLANEOUS $13,000
MEND. HTS, TOTAL LOSS TO DATE $$4,50Q
BILLING FOR SERVIGES
�
LAST YEAR
32
.1
3
2
2
40
LAST YEAE2
8't 2.5 •
105
241
65.5
222.5
144.5
159'1
AGEhlCY THiS MONTH
MNIDOT
MILW. RR
CNR RR
OTHERS: �
TO DATE
' $0
$0
$£}
TOTA�S. $0 $4
�IRE MARSNAL'S TlME FOR MONTH
INSPECTIONS '�
3
�
INVESTIGATIONS
RE-INSPECTION �
MEETINGS
ADM►NISTRATION
,
SPECIAL PROJECTS
TOTAl�
31
4
6
31
4.5
76.5
I RGi+'Il1(lnJ. ..IGG LJ 1(7CR a7IElG E"L/(l J i fYU�JiJ
0
SYNOPSIS
��
The fire department responded to 25 calls during the month of February 1996.
Two of these were in neighboring Lilydale. The most serious call of the month was a
garage fire on Perron Road. Upon arrival we found a two stall gazage fully engulfed in
fire. Cause was found to be a wood burning furnace. Ha1f of the garage was being used
as living quarters. Other calls of the month included a car extrication, medicals, carbon
monoxide, frozen water lines, and several vehicle fires.
�. �
MONTHLY DRILL
All firefighters attended a class room instruction on Driver and Driving Safety.
Laws, techniques and the use of emergency lighting were topics of discussion.
CLEANUP/50UAD DRILL
� Firefighters practiced the task of search and rescue in a smoke filled room. Out
department had access to a vacated building and used this structure for a full month of
training. Safety and lifting techniques were discussed while firefighters used a 140 pound
dummy.
SPECIAL
Firefighters spent two evenings attending a First Responder refresher. This is a
update on our advanced first aid b�ckground. Also, five of our younger recruits are +
preseritly taking First Responder for the first time. This includes classes twice a week
covering several months. ;
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FIRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR FEB�.JARY 1996
(Speciel Act includes Bloodbome,lst Responder, Outslde Fire Schaols, Dance Com m Ittee)
�
CALLS FOR MONTH FlRE FlRE FlRE PERCENT CLEAN MONTHLY GEN OFFlCER SaUAD HAZ SPECIAL
25 CALLS CALL CALLS ATTENDED UP DRILL MTG IIIITG DRILL MAT ACT.
:AR TO DATE ATT'D HOURS ATT'D THIS 1 2 1 2 2 ADM
49 MONTH MONTH YEAR YEAR HOURS•, HOURS HRS. HOURS HOURS HOURS HOURS HRS
Adrian, Ed 14 17.5 26 53% 1 2 2 2 8
Blaeser, Bret 21 24.5 42 86% 1 2 2 2 12
Brennan, Mike 6 6.5 14 2996 1 2 2 2 5.5
Coates, Aaron 12 15 21 43% 1 2 2 8
Connolly, Marcus 10 12.5 23 47% 1 2 2 2 • 4
Coonan, Mike 5 5.5 12 24,% 1 �� 2 g
Dreelan, David 12 15 26 53% 1 2 2 6.5 12 8
Dreelan, Paul 12 14 30 61% 1 2 2 8
Henning, Scott 12 13 23 4796 1 2 2 2 8
Husnik, Ted 7 7 13 27% 1 2 2 g
Katzenmaier, Ron 11 11 23 47% 1 2 2 2 5.5
Kauimann, Mark 9 11.5 22 45% 1 2 q
Killwrg, Jim 16 17 27 55% 2 2 2 2 8
Kingsley, Roy 19 22 31 63% 1 2 2 3 2 10
Klarkowski, Walt 4 4 10 20% 1 2 2 2 1
Lapakko,John 18 21.5 33 67% 1 2 2 2
Lerbs, Jamie 18 19 29 59% 1 2 2 2
Lowe, George 14 15 29 5996 1 4 3 2� 14
Maczko, John 14 16.5 24 49% 4 2 3 14
� 'to, Mike 16 18 32 65% 1 2 2 2 1,5
� mara, Randy 5 5.5 11 22% 2 5.5
Nelson, Gerald, Jr. 17 20.5 35 71% 1 2 2 2 g
Neska, John 7 7 13 27% � 2 2 3 4
Olund, Tom 8 8.5 16 33%
Oster, Tim 14 16.5 28 57% 1 2 2 2 g
Paton, Dave 14 17 28 '�7% 1 2 2 2 5,5
Perron Jim 12 15 24 4996 1 2 2 3 2 9
Perron, Kevin 11 12 19 39% 1 2 2 2 1,5
Shields, Tom 18 19 32 65% 1 2 2 2 8
� Skjerven, Gordy 11 11.5 19 39% 1 2 2 2 9
Stein, Keith 14 15 30 61% 1 2 2 3 2 8
Stenhaug, Jeff 9 12 21 43% 1 2 2
Weinzettel, Tom 5 5 11 22% 1 2 2 �i 2
Weisenburger, Ken 13 13.5 22 45% 1 2 2 � 3 2 4.5
Zwirn, Didc 11 11.5 24 49% 1 2 2 q
TOTAL FOR MONTH � 475.5 L ATTENDED 29 29 24 7 0 1 30
TOTAL FOR YEAR 928 L MAN HOUFiS 29 58 48 21 _ �REF! 12 .185
THIS MOM'H LAST MONTH LAST YEAR
AVE. RUNS/MAN 13.09 XXXXXX)OOIX XX)OOOCXXX
A"� MEWRUN 16.76 16.83 18.43
� � FOR YEAR 52.49 52.60 57.98
�
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�ITY UF MENDdTA HEIGHTS
�MENiO j
Febn�ary 16, 1996
TO: Parks and Recreation Com.mission
FROM: Teny Blum, Parks Leadpersan ',� `
SU$TECT: January Monthly Park Status R,�port
The following maintenance activities were completed by the P�rks crew during tlie
month of January.
• Cleauing and floa�ing of r�inks
• Ke�Ping Pedways cleaned.
• Major repairs an riinks after rain storm on 7anuary 17th. Heavy flood.ing for two da.ys.
• One hackey goal was taken from Friendly Hills Rink. Returned to rink thm,e days
later.
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CI'.['Y UF MI'1tiID4TA HEIG�['I'S
<
MIIVIU �
I�Zarch 8, 1996
TO: Parks and Recreation Gommission
FRUM: Terry Blum, Parks I.eadperson ;� �-
SUB�,TECT: Pebruary Manthly Park Status Report
The following maintenance activities were completed by the Parks crew daring the
month of Febna�ary,
• Cleauing and flooding of rinks.
• General maintenance an warmaing houses.
• Closed riinks an Febn�ary 21. ,
• Cieaned aut warnung houses and painted inside.
• Started tarrimming trees along pedways. ,
.} . .
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TB:dSw � _
9
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�... '~,
ACTiVITY REPC3RT - MENDOTA HGT� PARKS l
' f
� R�porting Period= 02/01196 to 02/29/96
Ii�C2DENT5: .
,
,�A7E 7IME LOCATION -
____ ____ ________
02/08/96 21:36 IVY FALL pARK
DESCRIP7i0N= ANIMAL.,=DOME5TIC/LOOSE
DATE TIME �qCATi�N
---- ____ ___...____
�2/13/96 8=22 FT SN�LLING
C�ESCRIPTION: FC►UND PROpERTY
DAl'� TIME �4CRTION
____ ___- ----____
)2/28/96 8=47 2455 VISITATIt?N
DESCRIpTION: MEDICAL--ALL OiHER
DATE "TIME LDCAiICIN
)2/28/96 8:47 2455 VISITATIQN
DE�CRIPTIOIV� MEDTCAL-ALL OTH�R
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NORTHERN DAKOTA COUNIY CABLE
COMMUNICATIONS COMMISSION
, 5845 Blaine Avenue .�
t1 Inver Grove Heights, Minnesotq 55076-1401
Z 612/450-9891 FAX 612/450°9429 TDD 612/552-9675
�1/ 1/ � ► L \ 1 1/
TO: City Mayors and Administrators/Clerks:
- Inver Grove Heights
- Lilydale
- Mendota
- Mendota Heights
- South St. Paul
- Sunfish Lake
- West St. Paul
FROM: Jodie Miller, Executive Direct
DATE: 29 February 1996
RE: NDC4 MEETING MINUTES & AGENDA
MAR p 1 �S�
�,...,
�v�� ��y/j�� `irtlr`` �
W rW��
Enclosed are copies of the UNAPPROVED minutes from the February 15th NDC4
Commission meeting. Please distribute copies of these minutes to your city council
members. '
Also enclosed is a copy of the Agenda for the next full Commission meeting on
Wednesday, March 6, 1996. This meeting will be cablecast live on Channel 18 at 7 p.m.
and replayed at 1 and 9 p.m. on March 14.
I have also included copies of a news story and memo regardi}�g the US West acquisition
of Continental Cablevision announced Tuesday, February 27. 'Obviously this will have a
major impact on our Franchise and its renewal. We are still awaiting Continental's
response to whether our early renewaUrebuild proposal remains "on the table" with this
merger. We'll keep you posted!
Please feel free to contact me at 450-9891 with questions or comments regarding any
cable issues. . '
Encs.
�
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Northern Dakoia County Cable Communications Gommission
Fult Commission Meeting
February 15, 199fi �
,
�• _
1. Call �o Order: The February 15, 1996 NDC4 meeting was called to order by Chair
Tourville at 8.25 p.m at the Southview Cauntry Ciub.
Members Present; Lucille Collins, Joe Conton, Henry Hovey, 3odelle Ista, James Levy,
Tm Sullivan, and�George Tourville. Members Absent: Alvin Boelter, Jahn Huber,
Laurence Jung, Jahn OBrien, Paul Pieper,lVrke Sokoi, and Rachard Vitelli. Uthers
Present: Brian Grogan (NDC4 iega� caunsel}, and Jay Cartin and Jodie Miller (sta�.
2. AdoRt Agenda - Motion 2-15-96-1 to adogt the Agenda as presented was made by J. Ista,
secanded by L. Collins, and unanimously carried. •
.�, -� j.-�..
Aj Approve Minutes: Th`� January 3, i99b NDC4 minutes were presented�iar
appraval. Mation 2-15-9�2�to approve the January 3, 1996 full Commission meeting
minutes was made by H. Hovey, seconded by J. Levy, and unanimously carried.
Bj Appcove Li$t of Ctaims; The List of Claims for I14196 • 2/15/96 was presented for
approval. Motion�2- Sr -9F�3 to approve the List of Claims far 1/4/96 - 2/15/96 was made
by J. L,evy, seconded by L. Collins, and unazumously carried.
4. NDCN Board AR o� in�ments - J. Mil1er announced that NDC4 needs to appoint two
people to the NDCTV Board of Directors far two-year terms. The NDGTV Board has
recommended the Commission reappoint John Kemp and Lanaine Paikert, whose terms
have expired. Credentiats for Mr. Kemp and Ms. Pallcert were distributed. Motia;� -2 15-
2tr4 to appaint John Kemp and Lonaine Palkert to #he NDCTV Boazd of Directors for
twa-year terms was made by H. Hovey, se�onded by J. Ista, and,unanimousIy cazried.
.:
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NDC4 Commission Meeting �' Unapproved :
February 15� 1996
5. Election afi Officers - Chair Tourvilte recammended that the etection af officers take ptace
at ti2e March meeting when more Camc.n�issioners are present. ��
.�� �
8, Unfinished/New Business: L. Cotlins suggested the Cammission hold its meetings every
._ _.other month instead of every month, Chair Tourviile responded that the suggestian is well" " ��
taken and will be brought up for discussion at the March meeting.
7. ,�jou[�ment: Motion ?,�15-96-5 to adjaurn the meeting wa5 made by J. Levy and
seconded by H. Hovey. The meeting adjourned at approximately 8:40 p.m.
Respectfully submitted,
Joy A. Curtin
NDC4 Administrative Assistant
and Recorcling Secretazy
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Northern Dakota�County Cable Coinmunications Commission
FULL COMMIS,�ION MEETING �
/'
Wednesday, March 6, 1996 - 7:00 p.m.
Studio A
5845 Blaine Avenue
Inver Grove Heights, MN 55076 �
,
. ;z _
NDC4 meetings are televised LIVE on NDC Channel l8
Vewers may call4S1-7834 with citizen comments
MEETING AGENDA
� INFORMATION DLCLi��ION
i. c LL To o E ..n E �:oo .
2. ADOPT AGENDA 7:05 '
3. GONSENT AC=ENDA 7:10 X X
A) Approve 2/15/96 Commission l�nutes
B) Approve List of Claims 2/15/9f to 3/6/96
4. L�IDC1'V UPDATE ;; 7:15 X X
5. CITT7,FN OMA�I .NTS 7:20
6. STAFF' �F.PORT 7:25 � X X
A) Government Coordinator �
B) Executive Director '
7. GONTINENTAL. RF.PORT 8:00 X �`, X
8. j.EGAL. COLTN�EL. RFPORT 8:15 X X
9. LTNFINISHED BUSINESS 8:3Q.
A) Election of Officers ' �
10. NEW BUSINESS 8:40 ''
11. Al?JOURN 8:45
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x
X
X
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X
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NORTHERN DAKCTA CGUNTY C,aBLE
COMMUNICATIONS COMN11SSiCN -
� 5845 Blaine Avenue
� Inver Grove Heights, Minneso�a �;,076-�1401 �
612;450-9891 �/�X 612/45C�r���9 TDD �1^l5�2-96i�
To: NDC4 "faxable" Commissioners
From: Jodie Miller, NDC4 Executive Directo
Date: February 27, 1996
RE: US West acquiring Continental Cablevision
Following is an excerpt from the monthly agenda attachment which will be mailed to you in two days--
wanted to get the word out right away to those who have faxes!
US WEST PURCHASE OF CONTINENTAL CABLEYISION
In this packet are two press releases re: US West's acquisition of Continental, a significant merger to be
completed by the end of 1996. What the press releases don't say is that US West will not be allowed to own
cable operations in its local telephone service territory, so that Continental will be required to divest itse(f of its
Minnesota properties by the end of 1997. This will be a very unique situation for Continental, as they have never
sold a cable property outright before. As you know they have been known nationally as an operator who is
committed to growth and not short-term prospecting as we have seen in some of our neighboring Twin Cities
cable systems. Our Burnsville-Eagan neighbor has gone through four transfers of ownership in the past eight
ears, fer example. As of this report I am waiting for a letter from Fran 7euli which will be included in this
packet.
What this means is NDC4 can expect to review an application for transfer of ownership sometime in the next two
yea.rs for whatever entity Continental decides to sell to. NDC4 has to approve the transfer of our Franchise with
Continental to the buyer, but there are definite �parameters on the criteria wath which we review the transfer.
(Similar to the renewal process-- we cannot arbitrarily deny the transfer.) Our situation may be complicated by
the fact that we will be within the three-year Franchise renewal period when the transfer takes place. We will
have the uncertainty of negotiating a renewal with an unknown entity. Now more than ever I believe we should
complete the early renewal and system rebuild proposal with Continental (if the provisions of the agreement can
still be committed by Continental.) We would have the construction of the rebuilt system completed before
Continental's sale to some new conglomerate, and seven more years of Franchise provisions locked in for the
new buyer to be obligated to uphold. �.
This merger was just announced this morning (February 27) at 8 a.m. to Continental's own employees. Up until
two weeks ago Continental was planning to unveil an all-new corporate name and logo to include its planned
expansion into data and telephony services, "Continental Communications." At this time it is unknown to Fran
Zet,ili whether our renewal discussion will remain "on the table." It is also not known whether Continental will
complete the acquisition of the Twin Cities Meredith systems, which was scheduled to be complete by mid-1996.
cc: Brian Grogan, NDC41ega1 counsel
/
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MinR lis Star Tribune Wednesday, February 28, 1996�, ` -1
�
... �. � : � ��Technology �.. . � � . .
�
First partners in a. new era ��� ��� �� S w
................................ .........................................................
est deal
U S West Media Group's $10.8 bill'wn deal for Continental Cablevision• �
represents the first maJor marriage of cable N and telephone inter-
ests in the freshly deregulated te{ecommun{caUons industry. The com-
binatbn will reach 4.j mill'bn subscribers now. If the cable interests of
U S West's pa�tner, l`ime Warner Entertainment, are included, the com-
btned entity reach-
es 162 million t�����. �
U.S. subscribers. ..�� :
. U S West Continental
Medla Group Cablevlsion
> Headquarters Englewood, Cob. Boston '
> Cable subscr[bers 527,000 42 million -"
> Markets Atlanta Severa� tncluding '
Minnesota, New England,
Califomia, Ch{cago, Ohb,
Mfchigan and,F�o�lda.
> Employees 10,000* 8,500 .,�`�+i:�'.�. . •�' :=�
r� • �,
.. y �.,; ... .., .. ,
' t►cludes lhose who work on other U S West Media Group operations such es U S'•� �'�`�
West Ceqular, U S West Okect and U S West InternaUonal operaUona About 1A00 '
t(ed to Atlanta cable operaUon
Sauce: U S West, Contb�ental Cabtevision . •,
. �. • , ,
. , ,. ; ,
Top five cabie companies � . >�� �
(by 1994 revenues) ............... ..............................:���.Y ; .........
. : ,. , . : �.:
Company Headquarters 1994 revenue �' • .
1. Tele-Communlcatlons Inc. Denver $4.1 billion
2. Ttme Warner New York $22 billion
3. Contlnental Boston $1.1 billion
4. Comcast Corp. • Philade�hia �lA billion
5. Cablevislon Systems Corp. Woodbury, N.Y. �0.84 billion
Sarce: Insight Research Corp, a New Jersey-based telecammun�al(ons market
research group. . ' .
, � �•� ..
�. � ' ' 7
. � , .
a def inin '
oint
p
■ ■ ■ y
111 1 I �� � �
ta a e
More big merg.ers lil�ely to follow .
as firms tr� to stal�e out future:���:;�;�
•}
By John J. Oslund and Mo Merrill
Star TriGu�ie Staff Wrlters
. Tl�e digital revolution, whIch
y�;:,already has claimed the lieads
�;' of two MInnesota companies
'��' this week; struck agaln Tuesday
as =U S� =West Media Group
abreed t4;acquire No. �.ranked
ContInental Cableylslon Ici a te-
_lecom industry • megamerger
• tt�at likely wIll trIgger others in
`� �'the months ahead. , .
�� : Executives � of both compa-
��� nle� called tli��'�10.8 blllon d�al
a defining `transactlon" be-
cause It signals both U S' West
and Continental have embraced
> 'Ihomsan Corp, the purchaser of
West P�Ashhg, has earned a reputa-
tbn of being ruthless and cheap.
Doug Grow wrltes on ps�e B2.
fiber-opt�c,trunk line�'`wlt tco.
axial cable Into the , hoi���,a�
thelr network-of-ch+olce fof �.�
livering , dlgltal ' goods�•' `a�,
services.;; , .�. ° .. ; �;,;s, .,�. „ � �, ti ��
� Y ':t.: :r�:: w
V�ith Its ot��r:qf a6oiit,S�,��
per�aubscrl�er fot Corit[ne�ta'�
4.2 million customecs, U S West
Is payIng a premium of several
hundred dollars per subscrIber
over what cable companIes typI-
cally sell for, analysts said.
, But U S West hopes to do
much more than just sell:cabl���
servI�e.. . � . `:. ' +� ; �..
..: �; ��.•� ,,.
. . , � , . , . . :'� �� .��»�
Tlurn to U S WEST on D2
�
> Eagan Mayor Tom Egan wants to
beEeve the recent buyouts of the citys
two hargest taxpayers wW assure thef
.vlabWtty.P,age B7. •
from D1.
!.11lore mergers lil�eZy ta follow
�� I� S YYest's �able TIl h�ol�u
iB leveraging its e ertise with
i switched telephonex echnology,
�the campany, based in Engle-
wood, Cota., pfans to offer Conti-
� nental subscrfbers lecal te�e-
! phane servlce as well aa higlti-
speed internet and mnitinnedia
services In additIon tp cabie pra-
grammtng. �
1'fie merger, whici� is expected
by year-end+ also wl!! gtve U S
West a platt`orm in such de�nsely
populaied markets as New Eng-
land, Chicago and Cali[ornta [tom
wi�ich to launch competitive as-
aaul�s on local telegltone servtce
providers Including Nynex, Amer-
itech and Paciffc Be1i.
Irontcally, the satrie federal
taw that permits cabie-tetephone
cambinations outside U S West's
14•state local servtce area also
prevents the Baby Bell substdiary
from oifertng the cambined ser-
vlce In Minnesota.
As a result, Continenta! Chair-
man Amos Hastetter sa}d Tuss-
day the company wIll divest ita
Mtnnesota cable aperations,
wh[ch serve 150,004 subscribers
!n St. Paul and surrounding sub-
urbs, groba6Iy sametime next
any changes
The mood at Conttqental's St.
ul otilcs Tu�sday tnlas mixed,
cording ta Ftan Zeuli, genera! �
�nager. 5ome of the 300 loca!
►ptayees see the U S West ac-
fsltion as an aftlrmatton of ca-
:'s role in the unfolding new
t. Others are more apprehen-
e aboest the likely ownership
ange dawn tl�e road as il $
�st divests the Iacat property.
"I've been meeting wIth em-
�yees atl day," Zeuti said, re-
nding them of the many
anges they've alreadp
Continental irt Qctober took
�nership of King Videocable of
�oictyn Park. Tite rnove more
�n doid�led i:outfnentePa sub-
.�
�
scriber base, rnaking it second
only to Paragan Cable fn this
market. .
Continentat also has a tetter oi
ihtent ta acqu4rt Meredltti Cab�e
nf Rosevllle, but the status of that
now is unctear, Zcuti said.
Cable aperators favor consoli-
dating !n clusters of larger sub-
scriber btacks•to create network
and advertlsing etticlencles. The
roster o[ cabtc companies in the
Twtn Cities has shtunk ia recent
years, down from a half dozen to
s irio. The ciuster strategy sug-
gests f'aragon Cable, tl�e largest
prov(der in the Twln Cities, may
be the mast tikety suitar.
Passage of the Telecommun!-
catlon Refarm Act on Feb. 1 was
ihe starting gun for this marathon
merger. "Gleariy the gassage of
the act has c;eated a whole new
wor2d," [ iosieiter said.
The 1'elecommunications Re-
form Act. which became law ear-
lter tt�is manth, aliows broadcast,
cable $nd telephone com�antes
to move into each others busi-
nesses. .
"This ts the tlrst deal and
won't be the tast," Hastetter toid
ceparters. Iie said the envicon-
ment aEter t�lecammuntcations
revamping "means that cocn pa-
nies of slze wIll be the ones that
suryive." '
Stmllar strategy
But some anatysts said it was
unclear whether other regiona!
telephone conypanies would fol-
tow the tead af U S West.
"!t's tough to tell because U S
West is by far the most commit-
ted" tn tl�c cabte business, Srnitt►
8arney analyst Iolm Reldy sald.
U S West has been preparing for
the new environment far some
t[me. In 199A it bought twa cable
'IV operations In Atianta.
tt also owns about 25 percent
of Time Warner Incorporated's
cabte and entertainme��t busi-
ness, ltuaugh those twa cc�zt��an-
nles are tan�,__.. Si2 a legal dispute
aver Time Warne�'s pending 57.5
bitiion acquisition oE Turner
Broadcasting System Iric.
But botl� siaes appeared to
take a softer tone an Tuesday,
saying that !he U S Wesi deal was
good %r the partnershtp.
"Ttie strategtes of U S West
MedIa Group's P.tlanta cable sys-
tems, those of Continenta! Cable-
visiQn and Tinie Warner Cabie
are virwaliy ideniical. thua creat-
ing the potentiat for further affl-
liating these wel!-pasitioned sys-
tems in the future," said Time
Warner C;haErmnn and Chiei Ex-
ecuitve Gerald I.evl�t.
Uuring a news conference, 11 S
West Media President CharIes Lil-
11s and Hostetter aUuded repeat-
edly fo lhe strategic strengllis o[
tiieir deal whea caupted witii tize
Tlme Warner•U S West cable
ven#ure.
"It does not surprtse me that
�companies like U S West are re-
acii»g quickiy," said Gary Smaby,
prestdent of the Smaby Graup, a
high-tech consuldng tirm. "Thls
is a capture-market-share game
and the companies that are ag-
gressive In establishtng and
changiag consamer patterns ftrsi
are goin� to have (nertIa in the
markets.
Witi the strata�y work? James
Bellessa, an analyst with D.A. �a-
vfdxon & Co. in Great Fatls,
Mont, sald to ctr�;ck back in five
years.
"if they are abte ta stake the#r
claim to btdld a nado�ia! footprint
of ceble praperties and develop
that network to serve telephone
and data customars -- and they
start to g�t cash #low from that —
then t wili say it Es successful."
U S West, wl►lch l�as separate
classes of stock for its media and
regiana! tetephone busfnesses,
wtll pay 55.3 billion in stock and
cash sAd assnmc 55.5 btllion in
debt under Ihe ter�ns of tlie dea1,
Bost�n-based Continental has
4.2 miliion cable subscriUers in
the United States and awns cable
assets in Australla, Argentina and
Sin$a�tore. its largest oneratioe�s
ate in New Gnglaud, Californta,
C:IilCtigO� Micl�ignn, Ohia nncl
florlcta.
"It does not surprise me
tl:at compai:ies like US
West are reacting guickYy.
This is a capture-market-
share game and the com-
panies ttuzt are aggressive
i'n establtshing and
changing consumer pat-
terns j�rst are gotng to
ieave irierNa in tl:e mar-
1(Ce�s.»
-- (iary Smaby, the Smaby Group
.................................................
Afler the acquisition, U S West,
wliich atso pravides telephone
service to 25 millton custamers In
14 states, will own or manage
cabie systems in BO af ttte top lOd
ntiarkets and reach nearly ane of
three cable-'t'V househoids, It
said. •
Continental, with 'cable sys-
tems in 26 states overali, also has
lnterests in 1V programening, ln-
cludingTarnerBroadcasting Sys-
tem, E! Entertainment Tetevisfion,
the Golf Channel and the Food
Channel.
Sub1ect to approva!
Under terms of the deal, Li S
West wilt Issue Sl b[Ilion in pre-
ferred stock of L1 S West Camm«-
nications Inc., convertible into
U S West Media Group common
stock, and pay the rest in cash,
and Media Group common stock.
Tl�e cash payment is expected
to amount to S1 billion to 51.5
biilian, the companies said. Has-
tettsr sald he planned io take a�
much of his payment as possible
�it StOCiC.
Tlte transaction, whlch is ex-
pected to ctose In the %urth
quarier, is subject to reguiatary
apprcavals end e praval by Conti-
netstat si�areholSers.
ti S West Media stock feli 54
cents to close at 521.62�i4 Tuescfay
on heavy tra<fiing of 5.4 rnitlton
shares. U 5 West Gommunica-
ttons stack fell 37'fe cents to
533.50, both an the tVew Yark
Stock t�cct�ange, .
7'I�c linlsnn Uclwcen phnnc
cotzf�aat�les o:xi cubtc operntcfra ts
:tH�
understandabte� satd Robert Rca�
senberg, presldent of the Insight�
Research Carp.� a New Jereay4:
based teiecommunicatfons ��.
ket research itrm. 1"
"They (phone compante�},
don't want to seli yon phone ser.,
vice: The margina are small ahd:
the growth rate is abysmat.�
They're playing M the jcabtel.
market because they want to se�l
yati news servtces and ather •Dtti
tsractive capa6illtles via the com-
puter that wlll keep you coenect-
ed hours and haurs. to thti
network." �,:;�.:
Rasenberg sald ll S West's'ex='
isting rcfatianship with Time•
Warner gtves it valuable e�cper�{�
ence that wi11 come in hand�
when dea!ingwith ContEnental.:
But such marttages pose riskd:'
The pcaposed megadeat wtth Be1H
AUanUc and TCl ended up be �
litde more than s tryst. �.�� ;
"There have been lots of at��
tempted metgers, but so far:it'a�
been much ado abaut nothing,"
' Rosenberg said � • v.:
As companies struggle witlri
farming retationship3t�orisumers�
likely wI!! see a barrage o# camt t
peting advertislng similar to wh'�t"
they've witnessed from tong-dis��
tance carriers. Rosenberg pr�
dicts. Prices wlll fall, but serv[ce
wtli fatter, he said. _ _
"Thece's na way ta know hawf
�all this wlll impact the consuaiq�.;
Ideaily, they'il have a tut mare
choices, technolagy wtll pravlde
that. .., Wlth that wtll come.
campeiitfon, aven with canver•'
gence," satd Kathleen Maraoa; ��
Minneapolis attorney at Rabins,•
Kaplan, Miller & Ctres! wlth e�.:
pertise in cable communtcatiohs
law. ,^�^
Telecammunications useddo�
mean voice over copper wtree;`•+
she saicl. "Today, that means.
voice, data, image and vldeo dy�:�
namic appiicat[ans." .w�.r
. �.
— Tlets report tnciredes material.
jrom Reutcr.t. � ��� :
.'V�
. ��.,,
,�
! • i.�
"' � ►;ts
:•
... 'i
., - .
MOSS & BARNE'rT
A PROFFSSIONAL ASSOqAT[ON
0
, �i
.r'
n
`
a
m
Summary of the Telecommunications Act of 1996
for Municipal Authorities
February 15, 1996
7 �
� Prepared by:
Brian T. Grogan
Moss 8i Bamett
A Professional Association
4800 Norwest Center
90 South Seventh Street�
Minneapolis, MN 55402-4129
(612) 347-0340
(612) 339 :6686 fax
41996 Moss & Barnett, A Professional Association
12536/9 801!.DOC
Y
�
MOSS & BARNET�
A PROFESSIONAL ASSOCIATION
Summary of the Telecammunications Act of 1996
for Municipal Authorities
Executive Summary
.. �
The Telecommunications Act of 1996 does not have a dramatic impact on municipal
regulation of cable television operators. The Act is essentially a telephone industry bill that
eliminates barriers to competition which previously existed under the 1982 AT&T consent
decree. The most significant impact of the Act is provisions which allow Regional Bell
Operating Companies and long distance carriers to compete with one another for the provision of
all forms of telephone services. The Act also clarifies that cable operators can provide voice and
data communications in competition with telephone companies.
This summary of the Act will focus on cable services, telecommunications services and
the obscenity and indecency provisions of the Ac� This summary does not address any of the
broadcast spectrum or broadcast service provisions nor many of the other regulatory reforms
contained within the new Act. Throughout this summary I have attempted to highlight azeas
where municipal regulatory authority may be impacted Since telecommunications services aze
typically regulated at the state level, through public utilities commissions, I have not emphasized
these.issues as part of this review. If you have specific questions regarding any particular section
of the Act or information described �vithin this summary, please feel free to contact n�ie.
Brian T. Grogan
Brian T. Grogan is an attomey with the Minneapolis law firm o�Moss & Barnett. Nir. Grogan
represents municipalities throughout the country on franchise renewals, transfers of ownership,
rate regulation, First Amendment issues, right-of-way regulation,�,litigation and other related
communications matters. Mr. Grogan is a frequent presenter at state and national conferences
regarding cable and telecommunications. Mr. Grogan is a member of the American Baz •
Association (Forum Committee on Communications Law), National Associatioa of
Telecommunications Officers and Advisors, the Alliance for Community Media, International
Municipal Lawyers Association (Franchise and Technology Section), and the Communications
Law Section of the Minnesota State Baz Association.
12536/9 801!.DUC
m
MOS� & BARN�TT
A PRo�storr,u. Assocaerrorr
Cab1e�,Services
1�2•' 1 ! :- �' 1 tE
The term "cabie service" is naw defined as follows:
,� �
{A) The one way transmission to subscribers of {i} video progranuning, or {ii) ather
programming service and
(B) Subscnber interaction, if any, which is required for the selection or use of such
video prograr���ming or ather programming service.
�mrr:et�. This 1wo word amendment is intend`ed to reflect the evolution of cable to
include interactive services such as ,game channels and information services made
available to suhscribers by the cable vperator, as well as enhanced services This
amendment is not intended to a, fj`'ect federal or state regula#ion of telecommunication
service o„�`'ered through cable system facilities, or to cause dial-up access to information
services over telephone lines to be cXassified as a cable service. •
The term "cable system" is now defined as follows:
A facility consisting of a set of closed transmission paths and associated signal
generation, receptian and control equipmen# that is designed to pravide cablet§ervice
which includes video programming and which is provided to multiple subscribers within
a cammunity, but such term c�c�es nat include --
{A) A facility th�t serves only to reiransmit the television signals of one or more
television braadcast stations;
� i� R I� �� '. :.� •{i t� �/ I• (+ .{ i• �'! i Y•
1 '
{C) A facility af comman carrier which is subject, in whole ar in part, ta #he
provisions of subchapter II of this chapter except that such facility shall be considered a
cable system (rather thaa far purposes of Section 621��j oi'this title) to the e�ctent that
such facility is used in the hansmission of video progr�ing directly to subscribers
w�less the eactent of such use is solely to pmvide interactive on-demand services;
{D) ,Q.�il or�n video sxstem that co.m�ji�.with Section 6S3 o�this Title; or
� (E) Any facilities of an electric utility used solely for operating its electri.c utility
system. . � ..
.:
�rr:men�: 7'he amendment in {B� clar�es thrrt a crrble system does not include a faeility
that serves subscribers without using a public right-of-wcry, Subsectian (D) clar�es that
m
MOSS & BARNETT
A PROF6SSIONAL ASSOCIATION
the provision solely of interactive on-demand services over a common carrier facility or
the provision of an open video system d�es not render the facility a cable system.
A new term "interactive on-demand services" is defined as:
: 'u - . � • �• �-� . �ar.i��� �• � Y_� �.: w � �-� i� • , �� ,� ��
! " 11 � 1 � �• � • �� t �.. � � •- � � � � - - r� - � � � � • � - � � � !�C__.1111. 1.'
� - � - � ' � � � " � • �C.Ii 11 1 ' • � � "
The definition of "effective competition" has been expanded and will now also be
deemed present if
A local exchange carrier or its affiliate (or any multichannel video programming
distributor using the facilities of such carrier or its affiliate) offers video programming
services directly to subscribers by any means (other than DBS) in the francluse area of an
unaffiliated cable operator which is providing cable service in that franchise area, but
only if the video programming services so offered in that area are comparable to the video
programming services provided by the unaffiliated cable operator in that area.
Commenr The phrase "by arry mearts, „ includes arry median (other than direct-to-home
satellite service) for the delivery of comparable programming, including MMDS, LMDS,
an open video system, or a cable system. The term "comparcrble " requires that the video
programming services should ��include access to at least lwelve (12) channels o,J�'
programming, at least some of which are television broadcasting signals
�� . .' _ � � � _! ►
.�-.��'� C'�. .���
�
Complaints about upper tier (i.e., expaaded tier services) rate increases may now only be
filed by a local franchising authority (as opposed to any affected subscriber) and only if the
fiaachising authority has received subscriber complaints within�,90 days of a rate increase. Upper
tier rate regulation will no longer apply to cable programming �services pmvided after March 31,
1999. In addition, uniform rate structure requirements will not apply to cable markets subject to
"effective competition" or any video programming offered on a per,channel or per program basis.
Comment: Bulk discounts to muttiple dwelling units shcrll not be subject to the uniform rate .
requirement except that a cable operator may not charge predatory prices to a multiple dwelling .•
unit. Upon a prima facie showing by a complainant that there are reasonable grounds to believe �� �
that the discounted price is predatory, the cable system shall have the burden of showing •that its
discounted price is not predatory. .
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Mt3SS & BARNETT
A PRty�ESSt4N,U. ASSOGtATWN
! ' • �. ' E._4 �'
Cable operators ma.y provide notice af service and rate changes ta subscribes using any
reasonable written means at its sale discretian. A cable operator can not be reqwired to provide
priar notice of any rate change that is the result of a regulatory fee, franchise fee or any other fee,
ta�c, assessment ar chazge of an,y kind imposed by any federal agency, state or franchising
authority an the transaction between tbe aperator and the subscnber. �
:. 'r=��• • .. •�y-� '� -
The FCC must allaw cable aperators, to aggregate, on a franchise, system, regianal, or
company Ievel, their equipment costs into broad categories, such as converter boxes, regardless
of varying ievels of functionaiiiy of the equipment within each such broad category. Such
aggregation shall na# be pemutted with respect to equipment used by subscribers who receive
only a rate regulated basic service. �
� � '' y�t � I! i i!i i�).
Rate regulation no Ianger applies to smatl cabie operators with respect to (a} cable
programming services, or (b} a basic service tier that was the only service tier subject to rate :�
regulation as of December 31, 1994, in any franchise area in which that aperator serves 50,000 or
fewer subscribers.
The term "small cable operator" is a cable operator that, directiy or tbrough an afliliate,
serves in the aggregate fewer than 1% of alI the subscribers in the United States and"is not
afFliated with any entity or entities whose gross annual revenues in the aggregate exceed $250
millian. `
�11 :�'� _+ ' ' � �4
- �i ..�.. .
A new provisian is added providing that na state or franchising authority may prohibit,
conditian.or restrict a+cable system's use of any type of subsc�iber equipment or any transmission
technology. � , ..
.• - . �4�-� •�e•.�• �
New provisions bave been added regazding consumer electronics equipment
campatibility to ensurs compatibility amang televisians, videa cassette recorders, and cable
systems. -_
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MOSS &. BARNETT
t% iR4€E5528NAL ASSBCIATtON
3. , al� of �� S„�.�iu� ��
1
The requirement whereby a cable operator may not sell or othen�vise transfer ownership in
a cable system within a thirty-six (36) month periad following acquisitian or initiai constnzctian
has been eliminated in its entirety. The provision regarding review by a franchising autharity
within 12Q days of receipt of FCC Form 394, however, has been retained.
, . ..��r �� � � •� �� �: •�-cs •
A provider of direct-to-home (DTH - also known as direct broadcast satellite or DBS)
sateiiite service is exempt from the collection ar remittance, or i�oth, of any ta�c ar fee imposed by
any local taxing jurisdiction on direct-to-home satellite service. Direct-to-home satellite service
means anly progrunnung b:�ansmitted or broadcast by satellite directly to subscribers gremises
withaut the use of graund receiving or distribution equipment, except at the subscribers premises
ar in the up iink proc�ss to the sateliite. A Iacal taxing jurisdictian means any municipality� Cl�,
county, township, parish, transportation district, or assessment jurisdictian, or any ather local
jurisdiction with authority to impose a ta�� or fee, bt�� daes not include a state. The term tax and
fee means any lacal sales tax, lacal use tax, local intangible tax, local income tax, business
license tax, utiIity tax, privilege tax, grass receipts tax, excise tax, franchise fees, Iocal
telecammunications tax, or any o#her ta�c, license, or fee that is imposed for the privilege of doing
business, regutating, ar raising revenue for a locai taxing jurisdictioa
Tlus provision does not prevent taxation of direct to-home sateilite service by a state nar
does it prevent any local taxing jurisdiction from receiving revenue derived from a tax or fee
unpased and coiiected by a state. '� � "
S'.ommgt�: The theory behind this preemption is that a DBS ar DTH operator does not require
the use of public rights-o, f-way vr the physical faciXities or services o, f a cvnrmunity. The
e�cemption applies only to programming provided by direct-ta-home satellite service. By way of
example, ihe �remption does not agply to the sale of equiptnent nor does it apply to real estate
tazes that are otherwise applicable when the provider awrrs or leases real estate in a
jurisdiction. �ilso, states are free to tax the sale af the service und they may rebate some or all of
those monies to lacalities if they so desire. �
{�
5. Pol� Attachment Fees : � �
A new provision was adopted which allows parties to negotiate the rates, terms, and
conditions far attaching ta poles, ducts, conduits, aud rights-caf-way awned az contmlled by •�
utilities. The term utility means any person who is a local exchange carrier..or an elemric, gas, .• :`f
water, steam or other public utiiity, and wha owns ar contrais poies, ducts, canduits, or rights-aft. .. .
way used, in whole or in part, for any wire communications. The nev�c provisian establishes a �
rate farmula chazged to telecommunications caniers for the nan-usabie space of each pc3ie. � Such
rate shall be based upon the number of attaching entities.
4
MOSS &. BA.RNETT � `
A PROFssscocvec. AssoctA�rcarr
r
Further, the new amendment requires ut�lities that engage in the provision of
teiecoinmmwnication services or cabie services to� input to its cost of providing such service an
equal amount ta the pole attachment rate for which such company would be liable. Moreaver,
utilities must provide written notification-to attaching entities of any plans to modify or alter its
pales, ducts, conduit, or rights-of-way. Finally, utilities aze prevented fram irnposing the cost of
reanangements to other attaching entities if done solely for the bensfit ofthe urility.
. � . �� �' � �-
Noihing in the Act Iimits or affects the authority of a state or Iocat government over
decisions regazding the placement, const�uction, and modification of personal wireless service
facilities. Such regulations must not uareasanably discriminate amang providers offunctionally
equivalent services and must not have the effect of grob.ibiting the pravisian of gersonal wireless
services. The FCC is prohibited from preempting local and state zoning and land use decisions
and ail pending FCC rulemaking proceeclings cancerning the preemptian of lacal zoning
authority over the placement, construction, or modification of such facilities aze ternninated.
Several lunitations aze placed an state and local authorities with the intent of ensuring
that decisions regarding the placement, canstzuction and modification of faciiities af personal
wireless services do no unreasonably favor ane competitor over another. State and local
autharities are pravided flexibility to treat facilities tt�at create different visuai, aesthetic ar safety
concerns d.ifferently to the extent permitted under generally applicable zcaning requirements even
if tbose faciIities provide functionaliy equivalent services. For example, if a siate or locai
govemment grants a permit in a cnmmercial district, it need not also grant a permit fo�r a
competitors 50 faot tower in a resident�at district. � �
Finalty, state and lacal governments aze prevented from basing the reguiation of the
placement, construction or modification of personal wireless service facilities on the
environmentat effects of radio frequency emissions if those facilities comply with the FCC's
regulations canceming such emissians.
l��� !•� ��� �
Local exchauge carriers and cable operators may apt to #provide video prograznming
services through an "open video system" (OVS) and be entitled`to reduced regulatory burdens.
Within six (6} months fram the date of enactment the FCC will prescribe regvlations that:
l. Prahibit and QVS operatar fram discri�aninating among video pragran�g providers
and ensure that rates, terms and conditions for such-eazriage are�easonable and �
nondiscrimin.atory; - • • � . . .
5
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MQSS LS�. BARNETT
A Paoe�ss�or�ec. Assoc��rroN
.�
2. Ifdemaad exceeds OVS channel ca�acity, pmhibit an OVS operator from selecting
the video programming services far camiage on more than 1/3 of the activated channei
capacity on such system;
3. Fermit an OVS operator to carry on only one channel any video programn�ing service
that is af�'ered by more than ane video programming provider;
4. Extend to the distribution af video progrunming over�VS the FCC regutations
concerning sports exclusivity, network non-duplication and syndicated exclusivity;
and
5. Frohibit an QVS operator from unreasonably discriminating in favor ofthe aperator
or its affiliates and other restrictions.
OVS operators are entitled to reduced regulatory burdens on rates, services, facilities and
equipment, sales of cable systems and regulations regazding cable channels for commercial use.
OV5 aperators aze also subject to tti� payment of fees on gross revenues unposed by a local
franchising authanty in lieu of the cabte frauchise fee. The rate at which such fees are imposed
shall nat exceed the rate at which franchise fees aze imposed on any cable aperator transmitting
video pro�;ram�ning in the franchise azea All vf the FCC's video dialtone requirements, as well
as Section 613(h} regarding Cammon Cazrier pravision cif vzdeo pmgraa�ming, cease to be
effective. �
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MOSS & BARNETT
A PRo�sscarru. As,waeaorr
�
�
Telecommuni�ations Services �� �
� �� � � ���.��_� :��, ��_ �
Federal law regarding the provision of telecommunications services has not been
significant�y revised since the fust Commwucations Act was passed in i 934. The
Telecammunications Act of 1996 establishes a new national telecommunications policy which
removes many of the restrictions that previously constrai�ned telecommunica#ions service
providers. Over #he past fifteen years telecommunicadons policy lias been heavily influenced by
Judge Harald Greene, who was responsible for overseeing and administering the i 982 AT&T
Antitrust Consent Decree. The new Act alsa relieves Judge Greene of tbis responsibility and
supersedes the AT&T Consent Decree and the GTE and McCaw Cansent Decrees.
Pursuant to the I982 Consent Decree the United States was divided into seven regions
served by seven separa.te Bell Operating Companies {BOCs}. Each given region is compnsed of
a number of States and the territory within each State may be further divided into IocaI access
and transport areas (LATA). Priar to the Telecammunicatians Act of 1996, B4Cs were allawed
to provide only "intraLATA" services (local and "short distance" tall servtce) within the azeas
where they provide local service {#hsir regians}. In ather words, BOCs could provide some short
distance toll service as well as local telephone service which would allow an individual ta call
across town. B4Cs could no�, however, provide interLATA services {"long hau.t" toli service)
even in their own region. InterLATA services have traditionally been provided by :interexchange
carriers {iXCs} sizch as AT&T, MCI �nd Sprint � `'
t! i� i: 11 'iiil' ti{i:i .
The Telecommunicatians Act of I996 allows B�Cs and their affiiated campazues to
immediately pmvide "aut ofregion" interLATA services (i.e. long haul toll services). BOCs
may aiso apply for authority to pravide "in region" intcrLATA services competing directiy with
AT&T, MCI or ather TXCs. In order fo= BOCs to offer "in region" interLATA service, the
Federai Communications Commission ("FCC'� and state public utility commissions ("PUCs'�
will determine whether the BOC has opened its lacal exchang�ttelephone service ta competitars
and whether it faces campetition from facilities-based pmviders (as oppased to a reseller of BOC
service} offering local exchange teieghone service to both businesses and residents within the
particulaz state.
IXCs, cable operators an.d Qthers may now provide loeal exchange service tn comgetition
Wl�l �1� BQCS 8?CP032II� �18 BOCS t{i C,OII2�6t1t14Il �OI �28 �l?St '�riG'. Cable tele'vision operators .,
are also allowed to compete in local exchange service mazkets directl3� against the BOCs.
�
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TViOSS & BARNETT �'
A PROFESSIONN. ASSOCIATION
Other key provisions in the Telecommw�ications Act of 1996 affecting BOCs include:
,,.
1. The FCC retains authoriry to remedy BOC compliance failures.
2. All telecommunications carriers have duty to interconnect. with other carriers and
to refrain from installing network facilities that do not comply with standazds
established for the industry. �
3. Each local exchange carrier has obligation of permitting reasonable resale of its
telecom services, provision of number portability as prescribed by FCC, provide
dial parity, access to rights of way and reciprocal compensation. Exemptions and
waivers exist for small telephone companies defined as "rural" telephone
companies subject to applicable criteria.
4. A federal - state joint board shall be convened to make recommendations for the
preservation and advancement of "universal service" to ensure that customers in
rural and high cost areas are able to obtain services and rates "reasonably
comparable" to those available to customers in urban areas.
5. All telecommunications cazriers providing interstate telecom services must
contribute to the universal service fund on an equitable and nondiscriminatory
basis. �
6. Public utility holding companies may provide telecom, cable or information
services through an "e��empt telecom company" as determined by the F�C.
7. BOCs may not provide �larm services not already being offered uatil five (5) years
after date of enactmen� � -
8. BOCs may provide electronic publishing through a separate affiliate if
disseminated through BOC basic telephone service network. �
9. Authorization by the FCC allowing BOCs to manufacture and provide
telecommunications equipment through a separate affiliate.
10. BOCs may now perform research and design activities related to manufacturing
telecommunications equipment
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MOSS & BARNETT '�
A PROFessrowu. Assocu�r�oN
��
�able/Telco Ac�isition Limitations �
No local exchange carrier (LEC) or affiliate may acquire more than a 10% financial
-- - interest or any management interest in any cable operator providing cable service within the
LEC's service territory, subject to several exceptions:
1. Rural systems - Limitation does not apply if the territory involved contains fewer than
35,000 inhabitants, is outside aa urbanized area the system, together with other
systems in which the LEC has aa interest, serves less than 10% of the households in
the telephone service areas of such LEC;
2. Competitive markets - Limitation does not apply if the cable system operates in less
than a top 25 TV mazket and is not owned by any of the top 50 cable system operators
in 1995, another lazge competitive cable company operates in the same territory and
the system with the most subscribers in the TV market is owned by any of the ten
largest cable system operators in 1995; and .
3.•• Limitation does not apply to a LEC with less than $100 million in annual operating
revenues which acquires a cable system that serves no more than 20,000 cable
subscribers of which no more than 12,000 live in an urbanized area.
Likewise, no cable company or affiliate may acquire more than a 10% finaacial interest
or any management interest in any LEC providing service in the cable fianchise area, nor may a
telco and cable company enter into a joint venture, subject to the rural system exemptipn outlined
above. `` .
No state or local law may prohibit or have the effect of prohibiting the ability of an entity
to pmvide interstate or intrastate telecommunications services. Notwithstanding such general
prohibition:
1. State and local governments may impose requirements on a competitively neutral
basis necessary to protect universal service, service �uality, public safery and
consumer rights; ''
2. Local governments may assess reasonable and nondiscriminatory right-of-way fees if
publicly disclosed; and .
,' . 3. A state may require a telecom carrier that seeks to provide telephone exchange service ..
or exchange access in a niral market to qualify as an eligible telecom catrier for that
area before being permitted to provide such service.
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MOSS & BARNETT
A PROFESSCONAL AS5UCtATtON
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Cable operators wluch provide telecom�nunications services are not required to obtain a
franchise far such telecommunications services, are exempt from Title VI regulation for the �
provision of telecammunica#ion services and may not be required to pmvide ar abandan
telecommunication services. Fwrther, the five percent (5%) franchise fee cap on grass revenues
for cable companies is Iimited to revenues abtained fram "cabie services" as that ierm is defined
under federal law.
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MOSS �. BARNETT
A PRo�ss[oruL Assocu�norr
.r
(Jbscenity�and Violence
I ! 1 , i � ! ' ! ' � 1 '
This partion of the new Act is aciva.ily titied The Canununicatians Decency Act af 1996.
In general, this portion of the Act attempts ta prohibit the decemination..of "indecent" material
over the Internet and ather cammunicarions media. The Act applies to content providers wha
send prohibited material to a specific person or persons under eigk�teen ye,ars of age. Generally,
content graviders may not past indecent material for on-Iine display without t�tking precaution to
shield that matenal from mi.nors. The provision is intended to target bad actors and not those
who lack knawledge of a vioiatian.
The precise defini�ion of "indecency" varies siightly depending upan the communications
medium to which it has been applied. The essence of the phrase - pateatly offensive descriptions
of sexual and excretory activities - remains consistent. In the conf'erence report to the , Cangress
states that use of the indecency stanaard poses na significant risk to the free-wheeling and
vibrant nature of discourse or io serious, literary, and artistic works that currentIy can be found
on the Interne� Individuals who aze found guilty of posting indeceat material on-line for display
without taking precautions that shield that m.aterial from minors will be subject to a fine or
imprisonment of not mare than two years. Each individual act of posting indecent content for
display shall be considered a sepazate violatian.
1�ccess providers such as America Online, CompuServe and Prodigy, shall be allowed to
uti�ize an "access pmvider" defense.: �The defense protects entities from liability for providing
access or connection to or from a facility, network or system not under their control. The defense
cavers provision of related capabilities incidental to groviding access, such as server and
softwaze functions, th.at do not involve the creation of cantent. �
Intemet operators who provide access to the Internet and other interactive camputer
services sl�ail nat be liable far indeeent material accessed by means of their services. The
statutory provisian is designed to targ�t "content providers" and persons who conspire with such
cantent pmviders, rather than entities that offer generai access #o the Internet and other on•line
content The Conference Cammittee's report provides that th�;"access provider" defense is to be
construed broadiy to avoid impairi.ng the growth of on-iine communications through a regime of
vicariaus liability. .
Im�act on Cable Tele 'sion
• -�4 �� .� : " r- �..��-
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•.Cable operators must, upon request, and at #heir own cost, fully scramble and otherwise
fully block the audio and video prograrnming of each cable channel not subscribed to by a
household. The term scramble means to reartange the content af the signal of the grogramming
II
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MOSS & BARNE i T
A PROFFSSIONAL ASSOCiATION
9
so that the programming caa not be viewed or h�ard in an understandable manner. Until a cable
operator or other programming distributor complies with this requirement, they must limit the
access of ctuldren to the programming referred to above by not providing such programming
during the hours of the day (as determined by the FCC) when a significant number of children
are likely to view it.
� ' : �..� �'
Section 611(e) of the Cable Act is amended by providing 'that a cable operator shall not
exercise any editorial control over any public, educational, or governmental use of channel
capacity, except a cable operator may refuse to transmit any public access program or portion of
a public access program which contains obscenity, indecency, or nudity. A similaz amendment
was also made for the access channels. These amendments are at the heart of the pending
alliance for Communitv Media v. FCC Supreme Court case which will likely determine whether
these governmental restrictions are reasonable and pass constitutional scrutiny.
• -� ' ��r:.nn �• �� - - � ��
Finally, this portion of the Act contains congress' findings concerni.ng the adverse impact
of violent and indecent video programming on children, the compelling interest of the �
government in addressing this problem, and the promise of technological taols that allow parents
to protect their children by blocking harmful programming on their television sets. The FCC is
authorized to set up an advisory committee to recommend a system for rating video
programming that coatains sexual, violent or other indecent material about which pamnts should
be informed before it is displayed to c�ildren. The Act also authorizes the FCC to prescribe rules
requiring a distributor to transmit a rating if the distributor has decided to rate a video program.
Moreover,. a provision has been included wluch require television.sets of a certain size to include
a feature designed to enable viewers to block display of programs cazrying a common rating in
compliance with the rules prescribed by tlie FCC. �
A new provision is also added which clarifies that the cunent "obscenity" statutes, in fact,
do prolubit use using a computer to import, receive aa importa'tion, hansport, sell or distribute
"obscene" material. In addition, a new section is added to prohibit the use of a facility of
interstate commerce which includes telecommunications devices aad other forms of
communication for the purpose of luring, enticing, or coercing a minor into prostitution or a
sexual crime for which a person could be held criminally liable. This provision relates primarily
• to the use of telephone lines, including the Internet, for such purposes.
' The information in this Summary of the Telecommunications Act of 1996 has been compiled from a review
of the Act and the Conference Com�nittee Report. We have not addressed mairy important points which may apply
to your situation. You should coruult with legal counse! before taking arry action on matters cavered by this
Summary.
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City of Mendota Seights
Dakata Caunty, Minnesota
F:ESOLUTION NU. 96-
RESOLUTION APPRUVING FINAL PLANS �J►ND 5PECIFICATIONS
AND AUT80RIZllYG ADVERI'ISEN;ITl�T'r FOR BIDS FUR
T� WENTW4RTH WAT�RMAIN PRQJECT
{IlVIPR4V�Ml +L'NT NO. 95, PRQJECT NO. 4}
W] �E�REAS, the City Engineer reported that the proposed impmvemen#s and
construction is feasible and desirable and further reported on the �roposed costs of said
impmvements and construction thereof; and
VV.� +' , the City Council has heretofore directed that the City Engineer proceed
with the preparation of plans and specificatians thereof; and
WHIIi.�AS, the City Engineer has prepared the plans aad specifiicatians far said
improvements and has presented such pians aad specifieations ta the City Couneil for
appmval. �
NOW TIiERTFORE, IT IS BEREBY RESOLVED by the City Council of the City
of Mendata Heigbts, Minnesota, as follows: •
1. That the specifica.tians for said improvements be and they are hereby in all
respects approved.
2. That the City Clerk wi�h the aid and assistance of the City Engineer b� and is
hereby authorized and directed to advertise for bids :for said impmvements all in
accordance with the applicable Mu�nesata Statutes, such bids ta be received at
the City Hall of the City of Mendota Heights by 2:�0 o'clock F.M., Monday,
.Agril 15, 1996, at which time they will be publicly opened in the City Council
' Chambers of the City Ha11 by the City Clerk will then be tabulated, and will
then be considered by the City Councii at its ne� re,gular Council meeting.
Adopted by the City Council af the City of Mendota I�eights this 19th day of hsarch, 1996.
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CITY COI:TNCR. �
• �� r • • i:�
�y
_ Charles E. Mertensatto, Mayor
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ATTFST:
Katlileen M. Swanson, City Clerk
TQ:
FRUM:
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Mayor, City Council and City Ad ' r
Shawn Sanders .
Civil Engineer ��
SUB,TECT: Wentworth Watermain Project
7ob No. 9b11
Improvement No. 95, Project No. 4
DISCUSSI , N:
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14��rch 8, 1996
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Plans and specS�fications for the above pmject are in the final stage of preparation. The
ne� step is to appr�ve the plans and specifications and advertise for bids. If appraved tonight,
we could adverti.se in this week's publications, open bids on Apri115, and award the project at
the April 16th Council meeting.
P:ECQMA�]CNUATION. � '
,� �
I recommend Council approve the final glans and sge�ifications for the above proje�t
and authorize sta.ff to advertise far bids. �
ACTION REQZfIRED•
If Council concurs with the recommendation they should pass a motion adopt�ing
Resoiutivn No, 96-_,.,, F�3GSOL�TTION APPROVIlYG FIlYAL PZ�ANS AND
SPECIFICATIONS AND AUTSORIZING ADVERTISE�I�IENT FOR BID FOR TSE
yVENT`WCiRTH WAZ'ERM�IN PROJECT {Il1?II'RUVEM� 11�1T NO. 95, PROJECT NO.
4)
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CITY QF MEtVptJTA HEiGHTS
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MEMQ
TO: Mayor, Gity Councit and lnterim
�f�
Guy KuElander, Parks Project Ma�
March 14, 1996
SUBJECT: Funding Source for Replacement of Bridges m Valley,
Rogers and Wentworth Parks
r •�
tn September o€ 1995, staff requested Council to authorize purchase orders
for the replacement of deteriorated wooden bridges in three parks. Funds were
requested from the Speciai Park Fund.
Councit questioned staff abaut the appropriateness of using Special Park
Fund monies rather than Genera!}Tax Revenue for maintenance work items}
Staff informed Counci! that the Commission had requested this work be
funded from General Tax revenues. The adopted budges; for 1994 and 1995
indicated that the Special Park Fund would finance the bridge reptacemen#s.
Council authorized the project to go �ahead and directed staff to investigate
the use of excess General Fund manies that may be available to pay for this
project and to report back to CounCil at a later date for determination af a funding
source for this project. •
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Funding Ontions �
1. The Special Park Fund has a current balance of 5463,000.
2. A reviev�r of the 1995 Bud'get..by Treasurer Shaughnessy indicates
that little of the legal anc� abateiment cantingency was spent during '
the year, a�d that if the Council wishes they could pay for the bridge
repair from that source. The Council has already appropriated
$25r000 from 1995 for the Equipment Reserve.
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RECOMMENDATION ,
Treasurer Shaughnessy recommen'ds that funding for the bridge replacement +
work to date (531,678.38), can be taken from the General Fund Contingency and
the remainder of the work (replacement of bituminous pathways at the five work
sites) required to finish the project should be funded from the Special Park Fund.
ACTION REQUIRED
�' `
If Council concurs with the above recommendation, a motion should be
passed authorizing the funding for the bridge replacement work to be taken from
the General Fund Contingency and to designate approximately 54,940 from the
Special Park Fund to complete the project.
GDK/LES:kkb
Attachments: 1. Project cost estimate and expenditure
2. Funding request memo from September 1, 1993
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PARK BRIDGE REPLACEMENT PROJECT �
1. Rogers Lake Park Replace woaden bridge with :••
24" CMP culver�. Restore trail
2. Valley Park Replace wooden bridge with pre-
frabricated steel bridge 4`x35'
3. Wentwork Park- North- Rep2ace waoden bridge with pre-
fabrieated steel bridge 8'x30`
- Sottth- Replace wooden bridge with
24" CMP culvert. Restare trail.
- East- Replace wwoden b�idge with
24" CMP culvert. Restore trail
PROJECT BUDGET: $ 35,000
Work Item
Fabricate bridges
Concrete foatings
Crane service
Tree Service
Mics. material.s
Bridge removal and culverts
Estimate
$ 14,202.84
6,000
4,500
0
0
7,OOQ
$ 31,?Q2.84
Note: Ai1 above wark items were complet�ed
and paid far in 1995 ,
. �
Actual
$ i4,681.90
5,879.50
2,400
133.13
138.$5
8,445
$ 31,678.38
S'
Wark Remaining � , '
Restaration of the eigh� foat bituminous trail;at al1 five work
sites will be bid and awarded in spring of this year. Estimated
cost is $ 4,940.
Estimate of final project cas� is $ 36,500.00
u
Note: �riginai estimate af $35,000 did not include work at
Rogers Lake Park. The condition af this bridge made it
necessary to remove it now rather than attempt to repair
and remove in two ar three years. This �.dded $3,540 ta
the to�al project cast.
The abave in�ormatian was compiled by.Guy Iiuilander (March, 1995)
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•' I:� �• • 1:� •
I►�I�lu •
Mayor, City Council and City Administrator
Guy Kullander, Parks Project Manager
`
�n �i
_. �: ', j,: f ` �J �,/�
• ' �� :�
September 1, 1995
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Replacement Bridges in Wentworth, Valley and Rogers Lake Park Bridges
Wood foot bridges were installed in these th�e parks in the early 1970's. Attached to
wood piles driven into the banks they have required maintenance almost every year due to
frost heaves, stress on connectioas points, and deterioration of the wood.
The Parks and R�reation Commission deter�mined that the bridges should be re�laced
with steel bridges and in certain locations with culverts. The tot�l budget to corred four
bridges (one in Valley and three in Wentworth) was $35,000 which would come from the
Spe�iai Park Fund.
The Commission reoommended7 that three steel bridges be purchased with two �astall.ed
ia Wentworth Park. The budget of $35,000 would have to be increased approximately ��
$10,500 if three.bridges are purchased.� The plan to be described replaces the third bridge
location with a culvert. `
Bids were received in late 1994 to replace only the Valley Park Bridge which I had
estimated to cost $10,000. The bids ranged firom $25,000 to $37,000. Repairs were made to
the wood bridge by the Parks cnew with the intention of rebidding the job in 1995.
This summer the Park Maintenance Crew reported th�at the wood bridge in Rogers Lake
Park needed extensive maintenance. This bridge was previously ciiscussed by the Park and
Recreation Commission and detenmiined tha,t it would be repla.ced with a culvert when the
wood bridge became unrepairable. � .
: � n - � :�� :� �:� �
The Rogers Lake bridge brings the totai to five wood bridges th�� must be replaced.
With a budget of $35,000 this can only be done•if two are replaced with steel bridges and the
other three by culverts. I have received reliable tiids and quotes for the various operations
required to do this project. The City will act as General Contractor and bid the work in five
categories.
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5.
Provide two (2) prefabricated steel bri.dges
C�ane service to wzload and place bridges
Concrete iizm to prepare concrete foa�iings
F�ccavator ta remove thr� bridges, inst�ll cuiverts, backC�11 and
prep for trail
Asphalt cant�actar to r+rs%re 8 foat b:�ail�c
i
$14,202.84
1�.���.{}�
6,OC)O.Op �
7,f100.Op
3,SUt}.{}C}
$35,202.84
�. ,.
City crews will remove and dispose of o1d bridges and provide and restc�re each site.
: '. • �llt�i«al�ii : Ii i �.
I neeommend #hat City Council appmve the bridge replacement plan as autlined abave
and accept the bid fmm Continental Bridge for two steel prefabric�l bridges. It wil1 take
eigh# weeks for fabrication and deTivery. During this time fum bids will be acceptefl for the
remaaniag portions of the plan. Culverts will be installed at � loca�ions as soan as bids aze
approved.
Y i \ : `.� 11: :��
If Cauacil so desa�res to proceed with the bridge replacement plan as detailed above they
should direet staff ta issue a punchase order in the amaunt af $14,2U2.84 to Continental Bzi.dge
far the fabrication and delivery of two streel pedesirian aad light vehicle bridges and further
direct s�ff to seek fum bids for the re�aining portions of the work. tt
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TO: Mayor, Gity Council and City A r
FROM: Tam Oland �, � '
P'ublic Warks Superurtendent
SUB�ECT: Quotations for Parks Department
4 Whee1 Drive - Chevmlet
DISCUSSION:
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March 14, 1996
i
As part af the 1.996 budget process, $23,OQQ was approved for the purchase of a truck
and plow for the Parks Department. T�is new tn�ck will replac� 501 which is a 1985 314 tan
4 X 4 truck that has well over 1(�K miles. It is a cul de-sac plow route txuck and %s extremely
worn, At this time we have just received bids far the tzuck, nat the plow. 'I�a►ree bids were
received as follaws:
Gmssman Chevrolet
Burnsville, MN
Southview Chevmlet
Iaver Grove Heights, MN
IlWOICE
$19,93b¢94
$24,686,38
TRAUE TAX
Ilv
$1,6()0.00 $1,191.90
$2,30Q.00 $1,195.11
TOTAL
AlYiOI�'�'I`
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$19,528.$5
$19,581.49
Airow Pontiac $24,452.60 $3,962.60 $1,331.85 $21,821.85
Iuver Grove Heights, MN '
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F:ECUR�ElyI)ATIUN: �� �
I recommend that the Councii approve the purchase af a 1996 Chevraiet 4 X 4 3!4 tan
'truck for the Parks Department. �
ACZ'ION REQUIRED:
If Gouncil concurs with the recammendatian they should pass a motion authorizing
staff to prepare a purch;ase order io Grossman Chevmlet for $19,528.85. •�
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TO: Mayor
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, City Council and City A' s or ��l
V�
Tom Olund, Public Works Superintendent
1996 Street Sweeping
DISCUSSION:
March 12, 1996
�
The following bids were received from four contractors to sweep City streets this year:
Quality Outdoors, Inc.
Mike McPhillips, Inc.
Tower Asphalt
Loomis, Inc.
$50.97 per hour
59.75 per hour
63.95 per hour
66.00 per hour
Quality Outdoors bought out Leier Maintenance Services, the company who did our
sweeping in 1994. We were totally dissatisfied with their work. They only have two
sweepers, one of which is an old 1983 model. McPhillips, the second low bidder, will bring
in four (4) machines all of which are .newer and will complete the job much sooner. �
McPhillips d.id our sweeping last yeartand did aa excellent job.
The estimated total hours for street sweeping is 180 hours ;(180 X$58.00 =
$10,440.00). The budgeted amount for street sweeping and striping is $16,0(?0. Work is to
begin the iirst week of April and be completed on or before May lst.
RECONIlVIII�TDATION:
Because of the City's dissatisfaction with Leier Maintenance 5ervices's quality of work
and that fact that Leier is now Quality Outdoors, I recommend fhat the street sweeping
contract be awarded to the 2nd low bidder McPhillips, Inc., for their hourly rate of $59.75 per
hour.
I��i�; �i � �� � �
If Council concurs with the staff recommendation, they should pass a motion awarding
the 1996 Street Sweeping contract to McPhillips, Inc. at their hourly rate of $59.75.
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Mendota Heights Police Department
MEMORANDUM
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March 6, 1996
TO: Mayor and Ciry C il ,
City Administrat�� `
FROM: Chief Delmont;���
Subject: Portable Defibrillator Units
Introduction
The police department is requesting permission to delay the purchase of the automatic
defibrillator units for installation in police cars for appro3cimately 6 months.
HiStON
At the urging of Fire Chief Maczko, the council ordered the purchase of two,portable
defibrillator units to be placed in golice cars. This purchase was to be from 1995 budget
money. A committee of officers has completed a review of the available units and they
have made a recommendation to me for purchase.
Discussion
,t � �
Due to extreme manpower shortages in the police department, training our officers to use i
the instruments is nearly impossible at this time. Additionally, we intend to hire as many as �
three more officers in the next 90 days and they would have to be trained at some future ,
date, as well. Purchasing the units now and storing them for six months does not seem to '
be a viable altemative. As a result, I am requesting that we be allowed to delay the �
purchase, training and implementation of the "heart start" units until our personnel i
di�culties aze stabilized. I anticipate that to be somewhere in the area of 6 months from '
now.
Alternatives
1. Purchase two Viva Link IAD units at $5,600 and store them undl off'icers can be trained
in their use.
2. Purchase two Viva Link IAD units at $5,600 and train our officers at a cost of approx-
imately $1,800 at some future date .
3. Delay purchase of equipment until we have sufficient personnel to properly and effi-
ciently coordinate the training and deployment.
Recommendation
I recommend that the purchase be delayed.
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3.2 MALT LIQUOR LICENSE (ON-SALE)
TO BE APPROVED BY CITY COUNCIL
MARC'H ]Q�. 199Fi
Mendota Heights Par 3, Golf
3.2 MALT LIQUOR LICPNSE (OFF-SALE)
TO BE APPROVED BY CITY COUNCII..
MA�H 14, 199�
Tom Thumb Food Markets
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LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
t
March 19, 1996
Asphalt Coatractor Licease
Ace Blacktop Inc.
Excavatiag Contractor License
Keith Dahn Construction Company
Gas Piviaa Coatractor Licease
North Star Heating & Air
Rumpca Services, Inc.
SVAC Contractor License
North Star Heating & Air
Rumpca Services, Inc.
Snell Mechanical Inc.
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Gener�l Contractor Licease �
Dakota Fence of NIl�T, Inc .
Du-All Service Contractors, Inc.
McGouph Constructiori Co., Inc. -
Triangle Rubbish & Recycling Service '
Tree servicejT•aadscav�ng Coatractor License
The Tree-Stump Co.l
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LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
ti
f 4i-Ti`3��'T��
Asphalt Coatractor License
Ace Blacktop Inc.
Exeavatiag Contractor License
Reith Dahn Construction Company
Gas Piviag Coatr�etor Licease
North Star Heating & Air
Rumpca Services, Inc.
SVAC Contractor License
North Star Heating & Air
Rumpca Services, Inc.
Snell Mechanical Inc.
Y i
General Contractor License
Dakota Fence of NIN, Inc.
Du-All Service Contractors, Inc.
McGouph Construction Co., Inc.
Triangle Rubbish & Recycling Service
Tree ServiceLLaadsca,piag Coatractor License
The Tree-Stump Co.l
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CITY OF MENDOTA HEIGHTS
MEMO
March 19, 1996
TO: Mayor, City Council and Interim City Administrator
FROM: James E. Danielson, Public Works Director
SUBJECT: Case No. 96-05 and 96-06: Dakota Bank - Subdivision and
SuperAmerica - CUP and Variances
. .�
My Council agenda memo concerning the Dakota Bank/SuperAmerica
convenience store proposal stated that additional information addressing the
proposal was not yet available and would be distributed on Monday. The attached
information came in too late on Monday to make distribution at that time.
The Developer recognizes that the attached information does not totally
address all the issues of concern and will be prepared Tuesday evening for an oral
update to Council.
JED:kkb
0
` , � = 612-339-6212 BKPR 8 ASSOCIATES
DAKOTABANK
BUII.,DING COST
MASTER PLAN PHASE
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����1 �M�w.�lV.f��}k'tit•%L>:�`92��fn�t�+.�
� A. Lower LeveUFinisbed
B. First Floor
A. Lower Level /Finished @ S65/S.F.
B. First Floar @ S90/S.F.
A. Bank Site
A. Bank �rniture
B. Baok Equipment
C. Bank Si�aQe
�
A. Architect/fingineer/Interiors
B. Soil Borings
C. Sucvev
(without frontage road and SA site)
A. Super America Site Work
B. Frontage Road Site Work
C. Super America Buildia�
A. Phone and Computer
B. ReIocation Costs
C. Financ,� Costs
D. Land Purchase
174 PO4 MAR iB '96 15:59
BKPR 8c ASSOCIAZES
MARQ� 18,1996
L•1PR0]1DAK1EICOSTF
COST
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5,000 SF
10.40Q SF
$325,000
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�
APPLICATION OF SUPERAMERICA GROUP, INC.
LEXINGTON AVENUE AND HWY 110
MARCH 19, 1996
We at SuperAmerica have�listened carefully to the the discussion, the concerns and
the support voiced by the members of the Council and Planning Commission. We
have also listened to the concerns and support provided by the many speakers at our
neighborhood meeting, the fewer neighbors at the Commission meeting, the neighbor
speaking at the last Council meeting, and have reviewed the letters received by the
City on our application. To this we have added our expertise, gained through the
compatible and successful operation of stores in similar settings throughout the metro
area.
With this understanding and background we propose as the most compatible and
feasible redevelopment of this site is the following.
A. The store, pump islands and car wash
We request approval of a conditional use permit for a 3500 sq. ft. SuperAmerica store,
three pump islands serving a maximum of twelve vehicles, and an enclosed self
service car wash.
The proposed 44 ft. by 80 ft. store is slightly larger than the 48 ft. by 60 ft. SOS and
repair garage building presently on the site, but is the minimum size needed to provide
the selection, especially of refrigerated and frozen products, expected at a competitive
convenience store. This °threshold" size store is smaller than our stores at the airport
on Post Road, 4660 sq. ft., and in Eagan at Yankee Doodle, 4720 sq. ft. We believe
this the "right size" to be supported by the neighborhood as indicated by our
proprietary market studies, and meet their demands for a convenient selection of many
products.
While this store has the same footprint as our proposed store on Hwy. 55, we are
proposing design elements to reinforce and complement the residential and
institutional character of the area. Custom elements include the darker brick base of
the building and decorative bands, the 3 ft. eaves extending from the building, and the
dark "knee wall" at the entrance. The typical SuperAmerica white fascia with red
stripes at the roofline has beeri eliminated on this building. These features are meant
to both echo City Hall and visually lower and reduce the mass of the building.
The three pump islands will allow us to accommodate a maximum of 12 vehicles at
the pumps at any one time. The three islands are not proposed to attract additional
business but to safely and conveniently serve the predicted demand generated by our
neighbors. This is important during peak minutes of peak hours when traffic is flowing
to and from origins and destinations in the neighborhood. This is especially critical
under our merchandising strategy that encourages shopping in the store while the
4 '
\
vehicle is parked at the pump. By intent and design, vehicles do not turn over as
quickly at SuperAmerica pump islands as at other operations. The third island is a
practical and necessary response to our merchandising strategy, not an attempt to
increase peak period fuel sales to travelers with neither an origin or destination in the
vicinity.
From the discussion and testimony received, and our experience at similar sites, we
expect the car wash will provide a welcome and rieeded service at this location. This
is not an attended "tunnel" type car wash that must attract customers from a wide area.
It is a totally enclosed (during both the washing and drying cycles) convenient,
additional service offered to a customer already on the site. This is the way the wash
is marketed, priced and used.
B. Hours of operation
We are confident 24 hour operation will be a compatible and useful service at this
location. This is based on our experience at other similar locations and the specific
conditions of this site. The organization of the site, the nature and proximity of
surrounding uses, the staged development of new housing and the opportunity for
buffering both on and off the site, combined with our operating experience predicts
compatibility. No security issues are raised by the night time operations. We also
believe it is most fair to establish� and test the 24 hour' operation before the new home
sites that are part of the redevelopment are marketed and sold.
We will commit to work with your staff and accept their recommendation for
mechanical, structural; or operational changes to address any significant complaints
resulting from nighttime operation. We ask that rather than limiting hours of operation
to solve problems that may never exist, we be allowed to tailor our operation to
address any problems that actually occur.
C. Confirmation
1. We will commit to work with your staff to create mechanical, structural, or
operational changes to address any significant complaints resulting from our
operation at this site. This includes all elements, from individual lights, to the
vacuum cleaner operation, to trash containers, to anything else.
2. We will not purchase any logo or other off site advertising sign on I-35E or Hwy.
110 directing traffic to this store
3. The trash enclosure will be of the same brick as the store and will be roofed and
� fully enclosed.
4. Landscaping will be provided to buffer the parking along the Lexington Avenue
2
edge of the site, and extended into the Hwy. 110 right of way, if permitted.
5. The canopy will have a clearance of 14 ft. 6 in. above grade. The band around
the canopy is 3 ft. on height, the roof feature extends to a maximum height of 4
ft. The overall height of the canopy will be 21 ft. 6 in.
6. The driveways to and from the site will be 30 ft. wide at the property boundary.
7. Vaporization of the pollution on site will probably not be proposed by
SuperAmerica. The soil will probably be removed immediately to allow
investigation of any extension of the pollutant beneath the perched water that
now contains it. If vaporization is chosen, this investigation could not occur
until that process has been completed. If vaporization is recommended, the
shed will be located and designed to complement the site.
S. The condenser units on the ground at the rear of the store will be shielded by a
brick wall.
9. Timberline type (shake like) shingles will be used on all roofs.
10. All landscaped areas will be irrigated.
11. No merchandise will be displayed outside the store.
D. Preferences
13. We would prefer to retain the glass transom above the entrance. The design of
the building (dark base, banding, knee wall, eaves) addresses the concern to
visually lower the store. While it is not needed for illumination, the natural north
light is welcome in in the counter area. .
14. We would prefer to retain the windows for the car wash. We have not
experienced maintenance/vandalism problems at other locations, and
believe they do soften this blank wall. Should we not be able to maintain the
windows at this site, we will permanenily brick them shut.
15. We would prefer to offer auto diesef fuel at this site. The probability of a large
truck attempting to use this service is extremely small (zero according to an
informal survey). The availability of the specially btended auto diesel is an
important feature to owners of some automobiles and small trucks.
3
�
�
APPLICATION OF SUPERAMERICA GROUP, INC.
LEXINGTON AVENUE AND HWY. 110
SUMMARY OF PRACTICAL DIFFICULTIES, UNDUE HARDSHIP, AND
MITIGATION OF IMPACT ON THE THE ESSENTIAL CHARACTER OF THE DISTRICT
STATEMENT OF GENERAL CONDITIONS
The practical difficulties and undue hardships to the development of this site absent the requested
variances were generally created by these conditions:
1. The location of the SuperAmerica on Lot 1 is determined by the preexisting use of this
site. The known contamination caused by the underground tanks of the present service
station at this site means the most practical successor use is another motor fuel station /
convenience store.
2. The shape and size of Lot 1 was determined by the practical need to match the proposed
new frontage road connecting to Lexington Avenue from the east with the present frontage
road connecting to Lexington Avenue from the west.
3. Conditions one and two have created a motor fuel station/.convenience store site that has
public roads on all sides, requiring an extraordinary (in relation to the 30 ft. front setback
generally in the B-2 district) 60 ft. front yard setback to be applied from all property lines.
4. The sole location for a motor fuel building meeting all setbacks would be the center of the
site. This is not the most practical location for site utilization and circulation, a typical location,
or due to the surroundings, the desired location for the building.
THE REQUESTED VARIANCES ARE:
1. For the car wash; 60 ft. to 33 ft. from the south frontage road
Practical Difficulty / Hardship
General conditions from above
The location of the car wash at the inside of a curving, rather than typical right angle properry
corner, drives the setback deeper into the site creating a practical hardship
Unlike most buildings, which cannot be located in a circulation area, the car wash building
must practically be located in a circulation area ,
Because the sole access to the site is from the frontage road, and no access is permitted from
Lexington, the on site circulation pattern creates this as the sole practical car wash
building location adjacent to the store building
Mitigation �
The practical 30 ft. rear yard setback for motor fuel stations is maintained
The car wash is focated on the inside of the project and is buffered by on site plantings, and
by the off site, but within the project, road and additional plantings and berms
The car wash will be less visible and more practically located adjacent to the mass of the
store building than at an alternative and freestanding location elsewhere on the site
The activity in the car wash is completely self enclosed, there is no activity outside its walls
2. For the freestanding monument sign; 60 ft. to 10 ft. from the Hwy. 110 right of way, 60 ft. to 2 ft.
from the frontage road right of way, reducing the vertical distance to grade from 14 ft. to none
Practical Difficulty / Hardship
General conditions from above
The specific location of the sign in this corner is determined by the location of storm drains
into the Hwy. 110 ditch and underground sanitary sewers
A monument style sign cannot practically meet the vertical distance requirement
Mitigation
The proposed location in the northeast corner is more respectful of the institutional /
residential image of Lexington and Hwy. 110 than a location in the northwest corner of
the site
The sign will be Iocated approximately 15 ft. from the frontage roadway, and 70 ft. from the
Hwy. 110 roadway
The variation from the frontage road is a variation on the inside of the project
The vertical distance variance will permit the monument type sign that will be more
compatible at this site
`�. For circulation at the north and northwest edges of the site; from 20 ft. to 7 ft. and 12 ft. from the
right of way. .
Practical Difficulty / Hardship
General conditions from above
The location of the northerly drive way due to the curves in the frontage road
The diagonal northwest corner of the property created by the Hwy. 110 and Lexington right
of ways
Mitigation
Due to the width of the Hwy. 110 right of way, a 65 ft.. to 90 ft. setback from the actual
roadway will be maintained
Additional landscaping (the purpose of the setback) within the right of way will be proposed
to MNDOT for their approval
This permits the activity on the site to shift north, permitting a typical rear yard setback on the
south edge of the property
March 19
CITY OF MENDOTA HEIGHTS
r'
MEMO
March 14, 1996
�,
, `
TO: Mayor, City Council and Interim Ci ' istrator
FROM: James E. Danielson, Public Works Dire tor
SUBJECT: Case No. 96-05 and 96-06: Dakota Bank ubdivision and
SuperAmerica - CUP and Variances
. .�
At their March 7, 1996 meeting, Council considered application from Dakota
Bank for a Subdivision and from SuperAmerica for a CUP and Variances for a
motor fuel station/convenience store. After considerable discussion concerning
the application, Council decided to table discussion on this proposal in order to
allow the Developer time to address several issues. The City Council also
indicated they were unwilling to approve a Subdivision until such time as cpmplete
plans for the whole project, including the bank, were available.
It is my understanding that the following constitutes the list of issues to be
addressed:
1. Safety of the nearby trails.
2. Desirability for re-establishing a direct trail link to the neighborhood.
3. Calculation of a park contribution.
4. Establishing acceptable hours of operation;
5. Establishing a Developer's Agreement to atldress such items as TIF,
single family lot development, landscape screening, frontage road
construction, bank building development, etc.
6. The need for a car wash. "
7. The need for a motor fuel station.
8. The design of an architectural band around the SuperAmerica
building. • �
9. Removal of the windows from the car wash. ' �
10. Details on the bank building design.
11. Details on the location of the ground contamination remediation
building.
;
a
12. Lowering of the canopy height. �
13. Roofing material on the canc�py.
14. Reducing the number of pumps to eight.
15. Reducing the driveway width to 30 feet.
16. Determination if MnDOT owns the Trunk Highway 110 right-of-way �"
(staff has been informed that MnDOT does own the right-of-way).
17. Determination if a diesel fuel pump is needed at this location.
18. Determination if a vacuum cleaner is needed for the car wash.
19. Determination if a larger roof overhang �can �ae utili�ed (to match City
Hall).
The Developers intend to submit a letter or other documents that address
the above issues, however, they were not able to have it ready as of Friday to be
included within the Council agenda packet. They are attempting to have a
document ready for delivery on Monday.
/_C� � C� ► : • ; �
Meet with the Developers and continue discussion on addressing the above
listed issues.
JED:kkb
:,
,
CITY OF MENDOTA HEIGHTS
MEMO
March 19, 1996
TO: Mayor, City Council and Interim City Administrator
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: Dakota Bank - SuperAmerica Tax Projections
Tax Increment Request on Total Project.
Bank Site Work 5250,000
Frontage Road 5169,562
SuperAmerica Site Work S 175.000 -• -
Total Request 5594,562
Less Direct Up Front Payments � t�`�� �.� �'" ��
For Demo and Frontage Road 5219.562 ,,,,�.asv�
Pay-As-You-Go 5375,000
Base Tax - $7,500
Projected Tax - Bank $54,100
SuperAmerica $33.600
$92,700
minus Base Tax $ 7.500
$85,200
minus Fiscal Dis. @ 30% 523.856
Total Tax 561,344 x 9=
minus Admin.
Present Value @ 8% x 4%z years : 5370,692
5552,096
� 27.600
S 524,496
CITY OF MENDOTA HEIGHTS
MEMO
March 14, 1996
1-
TO: Mayor, City Council and Interim City A' '� trator-
FROM: James E. Danielson, Public Works Dire t
SUBJECT: Case No. 96-01: SuperAmerica (Highway 55) - CUP and Variances
. •�
At their March 7, 1996 meeting, Council considered a request from
SuperAmerica for a Conditional Use Permit and Variances to construct a gas
station/convenience store at the intersection of Trunk Highway 55^ and Mendota
Heights Road. At that meeting, Council came to a�consensus that the proposal
was generally acceptable and granted conceptual approval for the project,
however, Council desired the applicant to return for final approval at the March 19
Council meeting which allowed time for Councilmembers to further review the
application and to further consider such things as: ,
,�
1. Whether the site sig� should be a pylon or a monument.
2. A lighting plan. t _
3. Grading and landscaping details.
4. Car wash acceptability.
5. Whether the trash enclosure should be an accessory structure or
attached to the building. (Making the trash enclosure an accessory
structure creates other� ordinance discrepancies and it is
recommended that it remain attached). �
�
�
Council did agree on a number of conditions for this proposal at their March
7 meeting such as: .
1. No windows in the car wash.
2. No variance to sign size for the pylon sign.
3. Twenty-four hour operation subject to further review on its '
acceptability after implementation. `
All these conditions are included within the attached proposed resolution.
�
r
�CTION REQUIRED ,
Councii should continue discussioris with the applicant on this project. Staff �
has drafted a proposed resolution of approval for the project and should Council
desire to approve the proposal this evening, it is recommended that it be approved
by resolution. Council needs to amend the resolution accordingly and then move
its adoption. Council also needs to authorize staff to issue a building permit upon
review and approval of the plans by the Code Enforcement Officers.
�. _
JED:kkb
0
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•' y
CITY QF MENDOTA HEIGHTS
DAKQTA COUNTY, MINNESQTA
RESOLUTION NO. 9fi-
A RESCII.UTIt?N APPRt'�VtNG A GONDITIONAL USE PERMIT ANQ VARIANCE3 TG?
ALLOW THE CONSTRUCTIQN OF A SUPERAMERICA MOTOR FUEI. STATION AND
CUNVENIENCE STORE AT THE SOUTNEAST CIUADRANT OF
TRUNK HIGHWAY 55 AND MEND4TA HEIGHTS ROAD
{Pl.ANNING CASE NU. 9fi-0'1 }
ViIHEREAS, SuperAmerica Graup, Inc. {SA}, h.as made applicatian for a
Conditional Use Permit allowing a motar fuel station and,the folbwing variances:
1. Building setback to a major thoroughfare (Zoning Ordinance No. 401
Section 17.45{5}} from 'i 40 feet required to 60 feet.
2. Var'rance to the following pylon sign requirements:
a. Setback from 60 feet to 20 feet
b. Ground clearance from 14 feet to 8 feet 9 inches
c. Sign area from 1 p0 square feet to 143 square feet
3. Variance to front yard setback fior the trash container. from 60 feet to
45 feet.
and,
WHEREAS, the Mendota F�eights Planning Commission conducted p�blic
hearings on January 23, 1996 and February 27, 1996 to consider 5uperAmerica's
application; and ;
VIINEREAS, the Mendota Heights Planning Cammission was unable to come
to an agreement on a recommendation to the City Council on this application,
however were in general agreement that it was a satisfactory development far the
location; and
WHEREAS� the City Council considered said appl�cation for the Conditional
Use Permit for a motor fuei stationlconvenience s#ore ai�d variances at their March
7. 1996 meeting; and
WHEREAS� the City Council granted conceptua! approval of said appEication
subject to:
�
1. Final review of site lighting
.
2. Grading and landscaping
� 3. Pylon sign design
4. Reducing the pylon sign size to 100 square feet thus removing the
requirement for a sign size variance.
� • �a
N{3W THEREFORE B� IT RESOi.VED by the City Council of the City of
Mendota Heights that the praposed Conditional Use Permit for a motor fuel
stationlconvenience store and variances wili have no adverse effect on healtli,
safety, general welfare af the citizens of the community. and surrounding land.
BE IT �URTHER RESOLVED that th� City Councii finds that the property is
unique in its shape and tocatian being adjacent ta three roadways and having
extraordinary setbacks from all roadway due to it being a motor fuel station.
BE IT FURTHER RESOLVED that a Conditional Use Permit for the
SuperAmerica motar fue) station/convr�nience stare be granted and the fallowing
variances:
. _
1. A 40 foot building setback variance to the '! 04 foot setback from a
major thoroughfare (Trunk Highway 55).
2. A 4Q foot sign setback variance a1lowing the pylan sign to be
constructed withing twenty feet of Trunk Highway 55.
3. A 5 foot 3 inch ground cEearance variance altowing the bottom of the
pylon sign to be within 8 feet 9 inches of the ground.
4. A 15 foot street setback variance allowing the trash container to be
setback 45 feet from Northland Drive.
As proposed on the plans in Case No. 96-01 with the following conditions:
1. That a 24 hour operation is approved based on the applicant agreeing
to reduce the hours of operation if the City finds that there ace any
problems with a 24 hour operafiion.
2. Final review of lighting pians, grading and landscaping plans by staff.
3. That the pylon sign .area conform to City Ordrnances far size and be
no targer than '140 square feet.
4. That the pylon sign not require a height variance.
5. That there be na windows in the car wash. :
Adopted by the City Council of the City of Mendota Heights this 19th day of
March, 1996e
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
�
G�1
Charles E. Mertensatto
ATTEST: Mayor
0
Kathleen M. Swanson
City Clerk - •
DAVID L. AYERS*
HAROLD H. RIEHM
DAVID R. NEWCOMB� JR.
AYERS & RIEHM
LAWYERS
SUITE 2330
AMERICAN BANK BLDG.
101 EAST FIFTH STREET
SAINT PAUL. MINNESOTA 55101
FAX: (612) 222-1844
TELEPHONE: 1612) 222-8400
March 19, 1996
Mr. John Huber
Mendota�Heights City Council
Mendota Heights City Hall
1101 Victoria Curve
Mendota Heights, MN 55102
Re: Dakota�Bank Development
at Lexington and Highway 110
Dear John:
This letter follows our recent conversation", wherein I expressed
several of my opinions to you regarding the above-referenced
development. �
As I indicated, I favor the proposed development of this property
by Dakota Bank, which I understand would include a bank building,
a Super America, and five residential lots. This proposed
development is much more palatable than a"strip mall" or other
possible options.
Notwithstanding my general support, as a resident of the Valley
View Heights addition, I would like to briefly address several of
the specific issues that have been presented to the city council
regarding the proposed Super America:
PEDESTRIAN/BIRE PATH
This is a significant neighborhood concern. If it is necessarv
to have an inaressfegress onto Lexinqton, the present bike path
needs to be re-routed to another location. The most viable
option seems to be a path between the proposed res`idential lots.
Some neighbors, however, may oppose this idea on the grounds that
such a pathway may unwittingly"invite unsavory characters into
our neighborhood.
24 HOIIR SIIPER AMERICA
This, too, continues to be a neighborhood concern. Does a 24
hour station invite an undesirable element to the edges of our
neighborhood? Some neighbors think so.
' Also Admitted in Wiscansin
�:✓ :
Mr. John Huber
Page 2
March 19, 1996
12 GA3 PUMPS VS. 8
I understand the desire for 12 gas pumps. I do not have strong
feelings one way or the other. As long as the site can readily
accommodate 12 pumps, I agree with your comment that 12 pumps may
minimize congestion.
LIGHTS AT NIGHT
I do not see this as a major concern, since current technology is
able to minimize light direction and overflota.
CARWASH
I support a carwash, as long as congestion can be minimized.
I would again emphasize the neighborhood concern regarding the
first two issues addressed in this letter; I do not know where my
neighbors stand on the other three issues.
Thank you for taking time to listen to my concerns the other day. •
The council's attention to this proposed development is sincerely
appreciated.
Yours truly, �
� avid `L: A ��-
DLA/aj s
cc: Charles Mertensotto
Christine Koch
Sandra Krebsbach
[Jill Smith
�
CTTY 4F 1�ZENI�OTA HEIGHTS
,,,
I�ZEMO
March 13, 1996
,
TO: Mayor, City Councii and Interim C�ty Ad 'str r
FROM: Patrick C. �Iallister, Administrative Intern � r�
SUB3ECT: Zoz�ing C?rdinance Revisions far
Motor Fuel Stations and Bank Drive-In Windows
Discussion
The City Councii ordered a public hearing to take place at the regutarly scheduted meeting
of the Planning Commission on February 27, 199b regarding the attached prapasal ta
amend the Zoning Ordinance. The Planning Cornmission voted to recomrnend tha.t the
Council adapt the attached ardinance. At the March 7, 2996 meeting of the City Council,
the Council decided to table discussian of the attached amendment and consider it in
conjunction with the twa SuperAmerica praposais which the Couneii is currently
considering.
Motor FueI Siations
Motor fizei statians and motor fuel station convenience siores have been permitted as
canditional uses in B-2 zones in Me�dota Heights. A11 of our currently existing motar fuel
stations and motor fuel station convenience stores Iie in B-2 zanes. During a -
recodification of the City Zaning Ordinance in the early 1970s, however, these uses were
inadvertently ornitted from published copies af the Zaning Ordinance. Althaugh 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 erroneaus additions.
In order to avoid any lega,l problems resulting fram discrepancies in various editions, a
,
prapased Ordinance is presented to the City Council for reviev�t� This proposed Ordinance
would afficially restore motor fuel statians and motor fuel station canvenience stores as
canditional uses in the B-2 zone. All Canditianal Uses in the B-2 zane aze by definitian
also Conditional Uses in the B-3 zone. (Please see attached proposed Qrdinance.)
Bank�Drive-In Windows
. The Zoning Ordinance for t�ie City of Mendota Heights does not cur�etltly a.ilow banks to
�t havg drive-in windows. This prc�vision was written at a time when many banks did not
have such features, But now it is rare to see a bank without one, anct the only existing
,� bank in Mendota Heights has one.
CITY UF MENDtJTA HEIGHTS
DAKQTA COUNTY, Ii�LINNESCITA
ORDIlVANCE NO.
�
AN 4RDINANCE AiVIENDING ORDINANCE NO. 401
The City Councii of the City of Mendota Heights does hereby ordain as fotlows:
�. .,
SECTION 1 Ordinance No. 401 known and referred ta as "Mendota Heights
Zoning Ordinance" is hereby amended in the following respects:
Section 16.2(7) sliould be restored to tl�ose uses listed as Conditional Uses in Section
16.2 of the B-2 District to read as folIows:
16.2(7) Mator fuel stations and motor fuel station convenience stares, subject to
the provisions of Section 21.2
Section 16.].(6) is hereby amended in its entirety so that as amended it shall read as
follows:
16.1(6) Banks and banking institutions.
. . 1i
. Q
SEC'TION 2 Tlus Ordinance shall be in full force and ef�ect frorn after its
publication according to law.
Enacted and ordained into an Ordinance ilus Nirteteenth day of March, 1996.
i
ATTEST: CITY CIJUNCIL'
CITY OF MENDOTA HEIGHTS
By
Kathleen M. Sw.anson, City Clerk
�
By
Charles E. Mertensotta, Mayor
�
CITY OF MENDOTA HEIGHTS
r'
MEMO
March 14, 1996
�
�---..
1. . ,
TO: Mayor, City Council and Interim City A '� trator- � �
FROM: James E. Danielson, Public Works Dire t
SUBJECT: Case No. 96-01: SuperAmerica (Highway 55) - CUP and Variances
� 7 �'i � ►
At their March 7, 1996 meeting, Council considered a request from
SuperAmerica for a Conditional Use Permit and Variances to construct a gas
station/convenience store at the intersection of Trunk Highway 55. and Mendota
Heights Road. At that meeting, Council came to a consensus that the proposal
was generally acceptable and granted conceptual approval for the project,
however, Council desired the applicant to return for final approval at the March 19
Council meeting which allowed time for Councilmembers to further review the
application and to further consider such things as: ,
.r
1. Whether the site sig� should be a pylon or a monument.
2. A lighting plan. t
3. Grading and landscaping details.
4. Car wash acceptability.
5. Whether the trash enclosure should be an accessory structure or
attached to the building. (Making the trash enclosure an accessory .
structure creates otheir ordinance discrepancies and it is
recommended that it remain attached). �.
�
�
Council did agree on a number of conditions for this proposal at their March
7 meeting such as:
,
1. No windows in the car wash. �
2. No variance to sign size for the pylon sign. .
3. Twenty-four hour operation subject to further review on ifs ' '
acceptability after implementation. '
All these conditions are included within the attached proposed resolution.
�9
��� � 1 i � i �
r
0 1
Council shouid continue discussioris with the applicant on this project. Staff
has drafted a proposed resolution of approval for the project and should Council
desire to approve the proposal this evening, it is recommended that it be approved
by resolution. Council needs to amend the resolution accordingly and then move
its adoption. Council also needs to authorize staff to issue a building permit upon
review and approval of the plans by the Code Enforcement Officers.
JED:kkb � �
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CITY OF MENDOTA HEIGHTS �
DAKOTA COUNTY, MtNNESOTA
RESOLUTION NO. 96-
A RESG?t�UTIGN APPROVINC A CONDITtUl11AL USE PERMIT AND VARtANCES TQ
,
ALLOW THE CONSTRUCTION OF A SUPERAMERICA MOTOR �UEL STATION AND
C{3NVENIENCE STORE AT THE St3UTNEAST QUADRANT OF
� TRUNK HIGHWAY 55 AND MENDOTA HEIGHTS ROAD
{PI.ANIt11NG CASE NO. 9�•01 }
WNEREAS, SuperAmerica Graup, Inc, {SAj, h.as made application for a
Conditional Use Permit allowing a motor fuel station and,the folfowing variances:
1. Building setback to a major thoroughfare (Zoning Ordinance No. 401
Section '! 7.45(5)) from 1 a0 fieet required to 60 feet.
2. Variance to the foiiowing pyton sign requirements:
a. Setback firom 60 feet to 20 feet
b. Ground clearance from 3 4 feet to 8#eet 9 inches
c. Sign area from 100 square feet to 143 square feet
3. Variance to front yard setback for the trash container. from 60 feet to
45 feet.
�
WHEREAS, the Mendota �eights Planning Commission conducted pe�blrc
hearings on January 23, 1996 and February 27, 199� to consider SuperAmerica's
application; and ; .
WHEREAS, the Mendo#a Heights Planrting Commission was unable to come
to an agreement on a recommendation to the City Council on this application,
however were in general agreement #hat 'rt was a satisfactory devetopment for the
location; and
WHEREAS, #he Cifiy Counci! considered said apptication for the Conditional
Use Permit for a motor fuel station/convenience store ai�d variances at their March
7, 1996 meeting; and
WHEREAS, the City Council �granted conceptual approval of said application
subject to: _
1. Final review of site lighting
.
2, Grading and landscaping
3. Pylon sign design �
4. Reducing the pyton sign size to '[ 00 square feet thus removing the
requirement far a sign size variance.
�
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Mendota Heights that the proposed Conditional Use Permit for a motor fuei
station/convenience store and variances will have no adverse effect on healtFi,
safety, general welfare of the citizens of the community and surrounding land.
BE IT FURTHER RESOLVED that th�e City Council finds that the property is
unique in its shape and location being adjacent to three roadways and having
extraordinary setbacks from all roadway due to it being a motor fuel station.
BE IT FURTHER RESOLVED that a Conditional Use Permit for the
SuperAmerica motor fuel station/convenience store be granted and the following
variances:
�_ _
1. A 40 foot building setback variance to the 100 foot setback from a
major thoroughfare (Trunk Highway 55).
2. A 40 foot sign setback variance allowing the pylon sign to be
constructed withing twenty feet of Trunk Highway 55.
3. A 5 foot 3 inch ground clearance variance allowing the bottom of the
pylon sign to be within 8 feet 9 inches of the ground.
4. A 15 foot street setback variance allowing the trash container to be
setback 45 feet from Northland Drive.
As proposed on the plans in Case No. 96-01 with the following conditions:
1. That a 24 hour operation is approved based on the applicant agreeing
to reduce the hours of operation if the City finds that there are any
problems with a 24 hour operation.
2. Final review of lighting plans, grading and landscaping plans by staff.
3. That the pylon sign tarea conform to City Ordinances for size and be
no larger than 100 square feet. �
4. That the pylon sign not require a height variance.
5. That there be no windows in the car wash. :
Adopted by the City Council of the City of Mendota Heights this 19th day of
March, 1996.
L�'1
ATTEST:
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor •
Kathleen M. Swanson ' • �
City Clerk
Y Y � ►i I �I�I 1.� • :I : �
March 19, 1996
To: Mayor and City Council
� '�
�
From: Kevin Batchelder, Admuustrativ t
Subject: Additional Information for Proposed Ordinance Changes
Drive In Banks
DISCUSSION
Item 7.d of tonight's agenda iacludes a proposed Ordinance Change to allow Drive-In
Banks as a permitted use in the B-2, Neighborhood Business District. Councilmember 7ill
Smith, who cannot be present this evening, has requested that City Council be informed of her
concerns about allowing a drive-in bank facility to become a permitted use.
Councilmember Smith's specific concerns are:
1. There is not enough definition to what constitutes a"drive-in" facility. She is
concerned that a detached, or free standing, drive-ia facility would be allowed, or that
� a freestanding ATM would be considered as permitted under this proposal.
2. That City Council should be able to consider and evaluate each pmposal and that a
Conditional Use Permit would allow for this review by Council for each "drive-in"
bank proposal.
3. That banks aad banking institutions are not very well defiaed by our Ordinance.
Couacilmember Smith would feel more comfortable if "drive-ia" bank facilities were
considered a coaditional use.
The Planning Commission voted to recommend that the pmposed ordinance be
adopted, which would allow all banks to become a permitted use ia the B-2, Neighborhood
Business District. Curnently, the ordinance allows "Banks and banking institutions without
drive-ia facilities" as pernutted uses.
ACTION REQUIRED
Consider this additional information when considering the Zoning Ordinance
amendment for Banks and Banking Institutions.
f 1�t i � � :i :
i� �
March 14, 1996
To: Mayor and City Council
From. Kevin Batchelder, Interim City Admini r .�
,"
Subject: Proposal for Cable Franchise Extension and System Rebuild
DISCUSSION
As City Council is aware, Northern Dakota County Cable Communications
Commissian {�+TDCh) has been discussing the praposed cable franchis� e�ctensi.on and system
rebuild with Continental Cablevision. On February 15, 1996, NDC4 held a jaint meeting for
all its member cities to present the proposai and receive feedback from its Member Cities.
NDC4 is now asking each Member City to respand in writing with feedback and
direction an whether ta finalize negotiations. (Please see attached Febn�ary 26, 1996
�memoraudum fmm 7odie �er. )
The attached memorandum highlights the provisions of the agreement that are being
discnssed by NDC4 and Continenta�, ,
�
City Council should discuss the aggrapriate written r�;spanse to Northern Dakota.
County Cable Communications Comm."xssion and provide direction to City staff for the
preparation of a letter.
C
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NORTHERN DAKOTA COUNIY CABLE ; �#� �
COMMUNICATIONS COMMISSION : �� °"� 8 ; '
5845 Blaine Avenue . �
, �Inver Grove Heights, Minnesota 55076-1401 �;
612/450-9891 FAX 612/450°9429 TDD 612/552-9675 �� ' �_. � ' . = �
W _ _ - ::�. ��
lu i �
io: NDC4 Member Cities' City Administrators/Clerks, Councilpersons and
Ma � ' 7v'�Ile� �p .
From: Geo e Tou NDC4 Chair and Jodie M' e'NDC4�aecutive Director
Date: February 26, 1996
RE: Proposal for cable Franchise extension / system rebuild
`v� e wcul� I'tke� t� t�ia,ik ttio�e of you who attended tne joint rrieeiing of I.�i�i3�4 I�e:nb�r� Cities aa
February 15 to discuss th� proposed extension an� system rebuild, and those who have read the
information packet and called to discuss the proposal. We truly appreciate the extra time and
effort needed to study this issue, and your willingne,ss to make time in busy schedules to become
personally informed. The purpose of the meeting was to present the proposal and get feedback
from our Member Cities, before the NDC4 Commission decides whether to continue the
negotiations and begin drafting legal documents for Member Cities' review.
We were pleased to have six of the seven Cities represented at the meeting for a dynamic and
productive discussion. Video tapes of•the meeting are available�for anyone who was unable to
attend.
To brief ly recap the proposal that was presented (please refer to the inforntation pacl�et that
was distributed for more detailed info�mation):
1) Continental would provide: �
- Complete rebuild of cable system by 12/31/98, with upgrade to 750MHz and new fiber-to-node
design, increasing channel capacity, signal quality and reliability, and potential for new
video, data, and voice services, including Internet service via cable modems
�- Immediate line exten..sions to neighborhoods not meeting current F�rarichise density requirements
-"I-Net" services to cities, schools, libraries, community coll�ge (fiber links)
-�300,000 capital gant for PEG access equipment and facilities
-$104,333 (avg.) annual operating grant for PEG access (can't be required at renewal)
2) NDC4 Member Cities would provide:
- Additional seven years on Franchise term, changing expir`ation from 2000 to 2007
- Allow pass-through of PEG costs (ayg. $.50* per month) from January 1997 to March 1999
- (rates are deregulated.in March 1999 under new federal Telecommunications Act)
- Agree not to give away PEG programming funded by Continental for free to competing
._� operators distributing video services in NDC cities (i.e. phone companies): ., _� �. .
3) Other egisting provisions of current Franchise would be upheld by Continental and
NDC4
c 1
Memo to NDC4 Member Cities - .
February 26, 1996
Page 2 of 2
� '' ..
�
i
We ask that each City put this proposal on an upcoming Council agenda for discussion as soon as
�ossible. Ideallv we hope that Member Cities can respond to the NDC4 in writing by March 1 S
with, feedback and directi�n on whether to finalize negotiations and begin drafting legal
documents for your future review. If your City has questions or needs further information, please
let us know. If you are unable to support the current proposal, please indicate the concerns that
your City would like to see addressed.
Again, thanks for your active participation in this decision-making process.
cc: NliC4 l;ommission Members
Brian Grogan, NDC41ega1 counsel
Fran Zeuli, Continental Cablevision NDC General Manager �
* based on average PEG cost of $8,586 per month recovered over 10 years with 17,000
subscribers. '
m
�
Summary af FCC "Sociai Contract" for Cantinental Cabievision
Jodie Miller, NDC4 Executive Director, December 1,1995
,. .. .
Fur�ose of "Social Cc�ntract": "designed�o provide up�rade incentives for Continental
and to provide rate stabiIity and increased quatity oi service for its consumers."
FCC and Continenta(!,,,� Stated enefits io consumers:
-"improved service offerings and picture quality with state of the art technalogy"
•"lifeline basic pricing" for elderly, Iower income, or basic only subscribers
-"'loca� francluse authority retains right to review grospective rates, the right to negotiate
upgrades for their individual franchises, and theu ability to comment and participate an
any cbanges in the "Sociai Contract" that wouid affect their locality."
1:�m;. si�c years-- August 1, I995 to August l, 2401
f"ontinent� ust:
�,T,� agr de and rebuild- invest at least $1.35 billion to rebuild and upgrade aU domestic
systerns from i 995 to 2000. "This represents an annual investment that is 120°l0 of
Continental's average annual capital expenditures fram 1990 through 1994." By December
3�1, 2000, Cpntin�ntal must upgrade all systems Irelaw S�0 M��`i to a minimum capa�ity of
S50 MHi, and SO% of C"ontinental's subscribers must be upgraded to 750 MHz At least
85°fo of Contirrental's subscribers must be served by a system utilizing fiber optic
technolo�y to trcrosport signals from the headend to neighborhood nodes. Investment in
systems must not discriminate ba.Sed on the socio�econ�m:c status of Continentat
subscribers.
Srsbm��,,,�m�al aro,g�ss renorts- �rovide the FCC and each local franchise authority .
having jurisdiction over an area covered by the "Social Contract" with an anrrual progress
report outlining the amount of ca�ital investments made, the number af subscribers
affected, improvements in system reliability and service, and projected expenditure and
upgrades for the following yeaz. Each annual report is due "no later than ninety {94) days
fallowing the end af each calendar year that the'Contract' is in effect," "Cantinental shall
serve aIl Continental tacai franchise authorities with a capy of the annual progress report."
If Continental faiis to invest at Ieast 85°lo af the annual amount comnutted ta infrastnzt;ture
upgrades, then they must make an in-kind refund equal to the amount they "under-spent"
for that year. However, at Cantinentai`s aptian, Continentai may stay this refund
abligations for one year to allaw it to meet its upgrade deficiency for the previous year.
Continental has stated it will "evaluate the following factars in deternxining whether to
upgrade a system:
a) the current capacity and canditian of the system;
b} the system's spare capacity, if any;
c) the number of aff-air must•carry channels in the system's market; .
d} consumer demand for additionai services in the community; and
e) consumer willingness to pay for additional services."
� ;
�
FCC Clarification: "local franchise authonties may negotiate for upgrades with Continental
beyond the level specified in the "Saciat Co�tract". When a Iocat franchise authority
requires Continental to upgrade a system be,3tond the cagacity level which Cantinental had
otherwise planned for such system pursvant to its obligations under the "Social Contract",
Continental may use other mechanisms permitted by law or regulation to recover the
incremental costs incurred to upgrade such system from the proposed Ievel to the local
franchising required level. No cost recavery, however, thraugh these mechanisms shall be
deemed to reduce Continental's obligations to invest �1.35 billion in system upgrades by
1213 i12004 as required by the'SOGI� COIIti'BCt: "
I��re crn�ons- make in-kind refunds to affected customers in systems that have pending
rate complaint proceedin�s. In NDC the CPS Tier case that was pending fell into the
categary for subscribers to receive in-kind refiznds with minimum retaii vaiue of $8.Q0.
These caupons have been sent to subscribers, who naw have six months to redeem them.
Franchise authorities were �iven the opporiunity to opt out of the "Social Contract" and
continue rate proceedings individually.
Reduce Basic rates- create a"lifeiine basic tier" by 1/I/9b, reducing the rate for the Basic
Tier to 15% below the rate produced by the FCC's benchmazk farmula, and may not add
any additional programming to the lifeline basic tier thraugh the term of the "Sociat
Contract" unless specifically required by local franchise authority or law. Francluse
authorities witl not be pemutted to "toll" (extend) the effective date of the restr�ctured
basic service tier rates. -
"On a gc�ing forward basis, Conti�ental's Basic cmd CPS Tier rates for all subsctfibers
will be limited by the FCC rules for inflation and external cost adjustments "
"Any frrture r"ncrecrses in Basic Service Tier rates after a franchrse's rates are restructured
will be made sub�ect to review and approval by the laeal franchising authority. "
C�ntine:ntal m_.T
Increas� CP.S rates offset the reven.ue lost from the 15% rate reduction by increasing the
rate for the CPS Tier by the amount of the revenue decline. "Aithough Contirienfal
acknowledges ... customers receiving both the Basic Tier and the CPS Tier will receive a
rate increase, Continentai asserts that the amaunt afthis rate increase, five cents is de
minimis." [Irt NDC the rate increase will actualXy be about �.13 to offset the IS% Basic
Tier reduction.�
Aver�rgg..�q�,rnme»t cost,� average braad categories of equipment and instaltation and
associated costs for all of its systems on a state wide ar regional basis.
Page - 2 of 4
_ c
Continental maintains that such broad averaging wilt "accamplish the following five go'ais:
a) stabilize equipment pricing for subscribers as costs are spread evenly across a lazger
� base; �' �� �
b) eliminate large increases in cansumer rat� caused by the introduction of new
equipment during upgrades;
c} minimize custamer canfusian and ciaims of unfair rate discrimination from cammunity
ta community, while pramoting the general rate setting objectives of simplicity and
un"rfornury;
d) avoid skewed equipment and installation rates based on artificial factors; and
e} reduce accaunting and regulatary casts."
-The FCC states that "averaging will protect cansumers from high equipment pricing."
�'reate a rrew�mor IooFQjv r� rlat � Ti r- migrate four ex,isting services fram the CPS
tier to a"Migrated Product Tier" (MPT), provided that the MPT is offered without a buy-
through requirement af any other tier besides Basic. Cantinental is prahibited from
increasing the price of any migrated channel except as allowed for inflation and external
cost increases. Continentai may add an unlimited number of channels ta the MPT at $.24
per channel plus license fees. After �/� Continental may convert its NII'T's into "New
Praduct Tiers"(NFT}, which are regulated under the Cable Act of i992, provided that the
NPT is offered without a buy-through requirement of any other their besides basic.
&�ild un the �'PS tier- add new services ta the CPS tier from 1995 to 1997 subject to
current.rate regulati:�n. From i998 to ZOQO Contir�ental •,�vilt be pernutted a second round
af channel additions �ii the CPS rier.
.on iitt'�:tt�L.III�y�i.�:. rt �
tTse co�t -service. dP�'p,��,sg use a, cost of service justification ta support any future rate
increases in any franchise area covered by the "Social Contract."
Pass thrarrgh to c7�,stame�s,�,th �,,,,�art of the �135 billion cunrlal im��ement; �
"Continental is prohibited from recavering the costs of the system upgrades and rebuilds
required by the "Sacial Cantract" through a cast af service fiiing."
�Y� iver:
The FCC explains in a waiver that they believe the "Sacial Contract" furthers the
�Commission's policy goals, even though in sgecific areas it actuaily conflicts with cuirent
FCC rules or policy statements. "The Commission's rules state that the Commission may
waive its n,�tes on its own motian for goad cause," ...
... "Accordingly, we hereby waive any provisian of the Commissian's rules and modify the
information requirements on the Commission's forms necessary to effectuate the terms of
the'Social Contract'." ,
Page - 3 of 4
� :
preem tn ion:
The FCC preempted local franchise provisions which require more than 30 days advance
notice of rates and service charges to subsc�tibers, in connection with Continental's
implementation of the Social Contract, in o�tier to ensure the Continental could comply
with the 1/1/96 deadline to adjust Basic Tier rates.
Modification and Termination Provisions:
"The "Social Contract" may not be modified or ternunated without the mutual agreement
of both parties." If laws or regulations affecting Continental change during the term of the
"Social Contract", Continental may petition the FCC to terminate the "Social Contract".
Any proposal to modify or terminate the "Social Contract" will be placed on public notice
and served promptly to all a�ected local franchise authorities, which may then submit
comments to the FCC.
Addresc of the FGC for official notices:
Office of the Secretary, Federal Communications Commission, 1919 M Street, N.W.,
Washington, DC 20554
Libby Beaty, Director of Public Outreach 202/416-0848
Address of Continental for official notices:
Continental Cablevision, the Pilot House, Lewis Whar� Boston, MA 02110
Page - 4 of 4
�
NORTHERN DAKOTA COUNTY CABLE
COMMUNICATIONS COMMISSION
5845 Blaine Avenue � �� �
, �Inver Grove Heights, Minnesota,55076-1401
612/450-9891 FAX 612/450�429 TDD 612/552-9675 �
NDC4 EXECUTIVE DIRECTOR REPORT
March 15, 1996 ,�
A. US WEST PURCHASE OF CONTINENTAL CABLEYISION
Facts known at this time:
. Is the renewaUrebuild proposal still on the table?
Fran Zeuli has recommended that we continue our process of receiving direction from our
Member Cities, and if the cities wish to go forward with the early renewaVrebuild proposal, he
will submit the agreement at the corporate level for approval.
• Will Continental complete the acquisition of the Twin Cities Meredith systems, which
was scheduled to be complete by mid-1996?
Probably.
• Will US West or the future buyer of the NDC system be bound to fultill the obligations
of the Social Contract with the FCC? .
This may depend on what kind of transaction takes place-- if it is simply a stock transaction
with very little change in the management and operarion of the system, the buyer will probably
be bound by the Social Contract; if it is an asset takeover where a whole new operator takes
over the system, the question is open:
. Will NDC4 have the opportunity to review and approveldeny an application for
transfer of ownership?
In his letter Fran Zeuli states that pending clarification of rules and timelines for US West's
divestiture of Minnesota system� NDC4 will have the .right to review the request for transfer
of ownership to US West sometime in 1996. NDC4 cari then expect to review a second
application for transfer of our Franchise with US West to the intended buyer, but there are
definite parameters on the criteria with which we review these transfer(s). (Similar'to the
renewal process-- we cannot arbitrarily deny a transfer.)
A Franchise Authority typically may only review a potential buyer's legal, financial, and
technical capability to operate a system when considering a transfer. However, this transfer is
definitely not a typical transfer. �
As you know, we will enter our renewal period next March. Because we may be negotiating a
renewal with an unknown entity, or with a changing entity, our legal counsel has advised that
we may want to use a more formal renewal process than we would have felt comfoRable with __ _
in working with Continental Cablevision. Also, a new buyer will not necessarily get the same
"benefit of the doubt" on its renewal that C�ntinental would have expected. A new buyer
cannot necessarily assume the good operating track record of its predecessor, nor can we
project any past problems onto the new buyer.
� PROPOSED EARL Y RENEWAL SYSTEM REBUILD
Our legal counsel is advising that if possible, we should complete the renewaUrebuild proposal
with Continental. Many changes have occuned even since the joint meeting NDC4 held for its
Member Cities on February 15:
1) This system will be transferred to a new owner during the three-year renewal period. Any
buyer of this system will most likely be larger, publicly held, and less likely to voluntarily
consider any provisions that cannot be mandated under federal law. The new Federal Act will
not allow us to require a particular system technology or capacity, and will certainly not allow
us to require operating support for PEG access. It also prohibits our involvement in a
company's provision of data services or telephony in any way. And there is uncertainty about
whether the new owner will be bound by Continental's Social Contract with the FCC, meaning
there may be no requirement to upgrade this system even by the year 2001. Some major
national cable operators elect to use certain markets as "cash cows" and refuse to upgrade ttie
systems unless they can be forced �by tl�e franchising authority or the F(,`C.
2) The FCC has recently amended Continental's Social Contract, allowing them to now further
increase rates by $1.00 per month in 1997, 1998, and 1999 plus annual increases for external
costs and inflation. (Federal law eTiminates rate regulation in 1999.) This effectively makes
the issue of the PEG access support pass-through to customers' a moot point.
3) AT&T has applied to provide local phone service in this market.
4) US West has petitioned the MN PUC to pre-empt all cities' authority over rights-of-way,
citing four examples of cities who have exercised "draconian" control. (Including St. Paul,
Redwood Falls, Blaine, and Marshall. I will attend a meeting;at the LMC of�ces Friday
afternoon to find out more about this.) �
With the recent passing the the federal telecommunications act and the ongoing
convergence of telephone, television, and computer technologies, we are facing
many changes. The nature of this industry will keep us in this state of
' upheaval over the next%w years. It is clear that we will be dealing with all of
these same unknowns whether we go through the renewal process this year or
beginning next year, and it is a pretty safe assumption that we will be in a
weaker position to negotiate renewal if we wait. If Continental will uphold the
agreements it has made in principle in the discussions-we have had so far, we
could have the construction of the rebuilt system completed before
2
Coatinental's sale to some new conglomerate, aad seven more years of
Fraachise provisions secured for the new buyer to be obligated to uphold: By
tal�ng control of the situation now and finishing a process that we have control
over, we may be able to secure severar'Franchise provisions and a state-of-the ��
art system that will not otherwise be aftainable sooner than four or five years
down the road.
Feedback from Member Cities To Date:
. From South SL Paul's Council workshop, 2/26196 from Jodelle Ista and Joe Conlon:
1) More PEG access operating money
2) Want narrowcasting capability
3) Consider trading some access channels back
4) Would like the bulletin board channel upgraded
5) Want line extension to Bridge Point Industrial Park
• From Lilydale's Z/Z6/96 Council meeting:
Lilydale passed a resolution, "approving in concept the extension ... pursuant to terms
presently being negotiated, reserving the right of final review and approval." A copy is
attached.
. From Inver Grove Heights 3/4/9� Council meeting:
Inver Grove Heights sent the NDC4 a letter stating several rea�ons for its support of the
concept of the extension and rebuild. A copy is attached.
• From Sunf:sh Lake �/4/96 Council meeting:
Tabled discussions until more is known about impact of US West acquisition of Continental.
According to NDC4 Citizen Rep. Sullivan, the Council felt tHe rebuild/renewal could be a
positive agreement once more information is known about the US West deal.
�
�• .
March 8, 1996
�
city of
INVER G RO��lE
RECElVE� � 1
HEIGHTS
Ms. Jodie Miller > ..
Executive Director �
Northern Dakota County Cable .
Communications Commission
5845 Blaine Avenue
Inver Grove Heights, NIIQ 55076-1401
Re: Proposed Continental Cablevision Franchise Extension
Dear Jodie:
Monday evening, Inver Grove Heights City Council spent a good deal of time
discussing the information which the Commission has put together regarding a
possible extension of the Continental Cablevision franchise. Our City Council
concluded that the extension of the franchise would be in the best interests
of our community.
B�se3�upon the status- of the discussions between the Commission and Conti-
nental, it appears that the subscribers would receive greater benefit for
their subscription dollar with the•extension of the franchise and�the up-
grading of the system that tiie' extension would require. New and emerging
products and technologies clearly suggest that the upgrading of our system
would be of substantial benefit•not only today, but in the years ahead.
The Council also believes that the subscriber base would grow with additional
services and technological innovations. This, in turn, would provide the
opportunity for a solid funding base for the Commission and the Commission's
program. Continental, in their proposal to the Commission, appears to recog-
nize this fact.
Finally, the recent reports that Continental is to be acquired by U.S. West
indicate that the current fraachise discussions should be concluded as soon as
possible. Based upon information in the press, it is clear that II.S. West
would have to divest itself of its Continental holdings in our market. That,
in turn, introduces a new operator: an unknown. We believe it would be
preferable to deal with the known entity at this time and conclude our trans-
action on the extension of the franchise along with all the benefits that
extension would provide to our subscribers. '
0
8150 BARBARA AVENUE • INVER GROVE HEIGHTS, MN 55077
TELEPHONE (612) 450-25Q0 •.CITY OFFICE FAX (612) 450-2502 • POLICE FAX (612) 450-2543
�
(�if� �f aG'il��ate �3n o?'�'i� �ississippi . -
February 26, 1996
The City of Lilydale approves in concept the extension of the cable franchise issued by
Northern Dakota County Cable Communications Cornmissio�. to Continental
Cablevision, Inc.. for an additional seven years, pursuant to terms presently being
negotiated, reserving the rights of final review and approval.
Motion carried 5 Yeas 0 Nays
Yeas Nay�
E. Mullarky, Mayor Y
D. Bartho, Council Y
H. Christian, Council Y
W. Hankee Y
J. Levy, Council Y
Attest: .� �
ernar . � an,
Clerk/T urer ��
a
855 SIBLEY MEMORIAL HIGHWAY / ULYDALE, MINNESOTA 55118 /(612) 457-2316
a
�
_ , _.,.,,. , ,. Febru�ry 1996
R�ne�als Powex Parag+�n�I�.to �t�ie 2�.st ����.�
��( hile this January marfts the beglnning of the last halt Of
tr��r the last decade in 2he 20ih century, it also signals the
start of the 21 st �century at Paragon, As a company aiming
t0 be our region's cable and Informatlon services pcovider in
the next millsnnium, two r�cent oontraCt agceements aCe
strong indicatlon that �'aragon is on the right track.
in the cities of Jordan a�d St. i�ouis Park iranchise
renewai and extension agreemencs witt� Paragon, inciuding
Cabie system upgrades, were appfaved that exiend our
it'anChises in boih citfes b8yottd the yesr 20{}Q.
"We are ver}t pleasad with the deCisions of the JOrtlan
and St. Louis Partc City Councils tv renew �nd extend our
francnise agraements and have been impressed by ths
caoperation from bath Councils in wqrking with us through
the tranchise negvtiatlon proCess." said Wayne Knighton.
division president. "The changes wilt bring our customers
�. rnore value, hqld the promtae of increased
qual{ty programming aptiohs and wilt help
:` 7 Paragon maintain its comgeti�tiveness in
i :•,
�'� th4s rnarket."
7he Jorcian City Councll epproved a t 5-
year Irancniae renewal. A key provl9(on pt
C I T Y O-F the new franchise will be a cable system
jORL?AN upgrade to 55p megahertz (79 channeis)
which wiii be imptemented by the end of
1997. M addition, Para�an added f4ur new &en+iCes t0 ttte
SOU7HWEST SU8!lRBAN F�ANCHlS� R�HE�►AL
The Southwest Suburaan Cable Commlaston (SWSCCy
voted favorably to begin negotiations on en earty ranewa! of
Paragon Cable's tranchlse at its Jan. 28 meeting. Paragon's
�urrent iranchlse with the Comrnission --� composed of city
ofiiclals and managers from Min�etonka, Eden Pralrle,
Edina. RichfEeld and Napkins — runs through 1999.
'Che siming tar appraval of a new iranchise agre8ment is
systsm l�ne-up in Jarclan: Midwest 8ports Crianne( {MSC},
The Weather Ghannel: 'Che Learrung Chanr�ei and the Sci-Fi
Gt��nnel.
!n L?ecembar, P�rag�an also annouriced plans tQ upgrade
���,�, �� the St. Lauls Park cable system
�T : LOtII5 foltawing app�oval fram the St.
PA� louis Park CJty Gouncil Monday,
Oea. i i. Paragon's current fran•
chise in the ciry extends to the year 2005 upon compietian
of ths upgrac3e.
Wltn ths appraval, the St. �.ouls Park cable system
expands irom 450 to 550 megahertz bandw�dtt� Capabifity;
an upgrade th�t will enable Paragon to lncrea ;e its 5t. Lauis
Park service irom the CURent total df 6"� to as many as 77
Channels. Although nnt part of the upgrade in channel
capacity, Paragon wiii also empfoy additionai tiber optic
Cai�te througnqut the sy��eni to fi�rther improve syatem
reli8i7iiit},
Custorners in St. Louis Park shouEd ekpect minimal dts-
ruption o€ serv�ce due tc the upgrade as the cabie system
changes w►f! not invo�ve ihe replacemeni of current cabte
Unes. The enhanced system wiA be compteted and opera-
tlonal by the encl af March. Added services available to St.
Louis Park cabie television viewers as a result of the system
upgrade wiil be annaunced at th�t time. � �
ihe end of June. The ea�ty renewa! wlil help address the
reglon's ct�nent and luiure channel capacit}� needs. since each
cnrnmunity (s currentiy "channel bcked" at 56 chartnels.
Faragon submttted a proposa! to SW5CC ta significant-
ly upgrade the entire cable system in ihe next two ye�rs #a
750 meg�hertz. The proposal ca1ls 1ar additionai channe!
CapaCily for virlga to be r�ade availapi� a# e b�ndwidth .Cf
below 550 megahertz and the ramaining baridwEdth sbove
S50 megahertz to be reserved tor anticipated fucure uses.
"ThIS state•of-the-art upgrade witl turther p(ace Pat�gort
in a leadership role in this region by adding significantly
more capechy to our system �nd en�bling us to be more
compet(tive with sateiiite systems and other ofieringa," said
fCn#ghton. �
...... i .hnn • n�i � n . G nr � -r n-i � ,+.� . . _ .....� . _ _ -
,'•iC;<T-= =1`� �.�!�l. !r .:��I� .=��_ ' .
�..v�J��/��JI����..".i�Ci��v ....�/i1%��C:.�v.i`I
'='� -�c�^e.=d/Q!1l:@
� � ...�E'! �—iv'iQ "'QIC�y...�. :'il^� —��..' :�.. . �-��.'� ...
1 . � _. .... �pQ t :y.l ?�� �i--.�.��'_ � .. �. .. _ �..� ''^. .
,..
0
i
�u �'�n/ ���1
To: NDC� Member Cities: City Councilpersons, Mayors, City
�dministrators/Clerlcs, other appropriate staff �
From: Jodie Miller, YDC4/NDCTV Ezecutive Directq��
Date: February 7, 1996
RE: Information Session for NDC-� l�fember Cities To Discuss Continental
Cablevision Proposal for Eatension of Francfiise
Enclosed is an agenda and information packet for the joint meeting of �IDC4 Member
Cities on Thursday, February 15, at 5:30 p.m. at Southview Country Club, 239 E.
Mendota Road in West St. Paul. As you know, Continental has pcoposed an early rebuiId
of the cable system in exchan�e for a seven-year extension of the current Cable Franchise
from viarch of 2000 to March of 2007.
The purpose of the February 15 meeting is to provide information about the proposal and
receive comments and questions from �1DC4 Member Cities. NDC4 would then ask that
cities discuss the proposal at upcoming Council meetings and provide direction to �tDC4
before NDC4 votes whether to finalize negodarions with Coatinental and begin drafting of
iegal documents. The Franchise Amendment wouid ultimately have to be approved by five
of the seven Member Cities. � '
The enclosed information and the'meeting next Thursday wiIl cover the discussions over
the past 6 months that have led up to this meetin�, as well as the many changes in this
industry (FCC Social Contrac:, new federal legisiation, competition, cable company
concentration, Continental expansion and going public, cabie rate deregulation,
technolagical advancements, and merging of cabie, phone, and computer industries) that
indicate that we may be in a much stronger position to ne3otiate this renewal now than we
will be four years from now. Although we can never predict the future of technology, we
can definitely anaIyze trends, and there are many factual indicators that an early renewal at
this point in time may be a very strategic move for our cities and subscribers.
Please feel free to call me with questions or comments prior to February 15— I look
forward to hearing your views!
NOTE: To avoid problems with the "gifts for elec,ted•�of�icials" law, NDC4 is providing the
refreshments for this meeting. Please RSVP by �ionday, February�l2, at 450-9891.
cc: John Kemp, NDCTV Board President
Fran Zeuli, Continental Cablevision General Manager
Information Session for NDC4 Member Cities ...
To Discuss Continental Cablevisio�n Proposai for Extension of Franchise
i
Southview Country Ciub, 239 E. Mendota Road, West St. Paui
February 15, 1996, 5:30 p.m.
(. Welcome and Introduction
George TourviJle, NDC4 Chair
II. Review of NDC4/Continentai Discussions
Jodie Miller, NDC4/NDCTV Executive Director
III. Overview of Franchise and Renewal Process
Brian Grogan, NDC4 Legal Counsel
IV. Overview of Pro�.aJ.
Jodie Miller
5:30 p.m.
5:35 p.m.
5:40 p.m.
5:50 p.m.
V. Im�a,ct ofl�ubscribers and Citie� 5:55 p.rrt.
VI. Im�act on Rates � 6:05 p.m.
Brian Grogan
VII. "FAQ's" (Frequently-Asked-Questinnsl � 6:10 p.m.
VIII. Technolo9Y of the Rebuild 6:25 p.m.
Fran Zeuli, Continental Cab/evision General Manager
Steve Baker, Continental Cablevision Engineer
IX. WraT�-up_
George Tourville
�:_.
; 6:45 p.m.
e
0
6:50 - 7:15 p.m.
' NDC4 �
NDC4 �
0
:
Pro osed �xtension of
p
the NDC4 Cabfe
Television Franchise
February 15, 1996
5:30 p.m.
Southview Country Club
Should NDC4 Extend the
Current Franchise 7 years
in Return for a State of
the Art S stem Rebuild
Y
and Strengthened
Franchise Requirements?
a
�
0
�
NDC4
llll hat is N DC4?
• Formed by seven cities in 1982
- Economies of scale
- Joint powers agreement revised 1992
• Performs administration and oversight
• Continental awarded Franchise in 1985
- Expires 3/28/00
• Numerous amendments to Franchise
• NDGTV formed in 1987 for PEG access
In 1982 seven cities in Northem Dakota County created a joint powers commission
(NDC4) to negotiate and enforce a cable franchise with the increased bargaining cfout
and financial efficiencies gained by pooling resources. On March 28; 1985,
Continental was awarded a 15 year non-exclusive Cable Television Franchise. Since
that time numerous revisions and amendments to the franchise have occuned. The
Franchise consists of the original proposal of Continental, the franchise, as amend�d,
severai variances and memorandums of understanding as well as several letters of
agreement :
Each of the seven Member Cities appoints two members to NDC4. They meet
monthly to review Continental's compliance with the Franchise and to handle other
administrative and enforcement obligations regarding the provision of cable television
services. NDC4 handles all issues regarding administration and enforcement of the
Franchise so the Member Cities will not be burdened with such issues at their monthly
council meetings. Only major issues such as amendment of the Franchise or
approval of annual budgets are submitted to Member Cities for consideraaon.
. In 1987, following a nationwide trend, a non-p�ofit community television corporation
was formed (NDC'T� for the purpose of providing community programming. NDCN
handles public, educational and govemment (PEG) programming for the seven _
Member Cities with funding provided by Continental and NDC4 and gene2ted
through user fees and donations.
2/8/96
3
NDC4
Wha# is th'e Franchise?
• Governs Continental's operations
• Includes requirements such as:
- Customer service
- Tech�nicai standards
• lnstitutionai services
- PEG access support
• System design
• Ex�ires March 28,.2�00
In 1983-84 NDC4 sought proposais 1 bids fram interested cabie operators in response
ta a detaited Request For Propnsai. Con6nental was awarcfed a 15 yeat non-
exctusive franchise ta prov�de cable services. in the �even Member Ciiie�:- �• -
The Franchise is essentiaily the contract which govems the reiatianship between
NDC4 and Continentai. It has evolved into a complex set of documents, and cont+ains
over 100 pages of tex# addressing almast every aspect of CantinentaPs business
operatians. Some of the key� pravisions incfude requirements for customer service,
technical stancfards, sys#em design, institutiona! sesvices, PEG access channels and
suppart, franchise fee payments, length of franchise kenn, secvices to be offered, and
related issues,
Since the Franchis� was adopted the laws and regulations affecfing cable operators
have dramaticaliy changed. in� 1984 the first major federa! law regarding cable N
was adopted which clarified many regulatory issuss and deregulated cable rates. !n
1992 another federal !aw was adopted which reregulate� cable rates. In the past two
weeks Congress has once again adopted major legislation which reverts back to
deregulaban of cable rates and opens up atl telecommunications markets to
competition. As a resu(t of these many s#atutory changes and several negotiated
seftlements, the originai Franchise is now quite outdated and requires signficantM
revision to reflect the present reguiatary atmasphere.
21$196 4
NDC4
What is thc State of the
Cable Industry?
• Federal Telecommunications Biil
- Opens up all markets to competition
- Essentially deregulates cabl��T.V. rates
• Continental's Social Contract w/FCC
- Upgrade to 750 or 550 MHz by 2001
- Fiber to the node for 85% of subscribers
• Competition - satellite and other
• Continental's expansion
On February 1, 1996 Congress passed a new Telecommunications Ad which, for th,e first time
in the history of the Country, will open all telecommunications markets to full competition. In
other words, cable operatars will be able to provide telephone services and Intemet��ervices
over their systems. This is particula�ly important for Continental since it is cuRentty acquiring all
of Meredith Cable's systems in the Twin Cities metro area. As a result of this acquisition,
Continental will control most cable systems in the metro area except for Minneapolis and sor�e
westem suburbs. In addition, however, loql phone companies such as U.S. West will be able
to provide video services in competition with Continental. This new act will also deregulate
cable rates for all cable operators by 1999.
UnGI recently Continental has enjoyed providing cable service to NDC4 subscribers relatively
free from competition. This near monopoly status, however, has changed over the past several
years due to the emergence of Direct Broadcast Satellite service (DBS). DBS (aka DIRECT N
ar USSB) uses a small 18' dish and can provide hundreds of channels of programming. DBS,
tagether with telephone company competition, suggests that the virtual monopoly Cantinental
may have enjoyed the last decade may very soon disappear.
In 1995 Contlnental and the FCC entered into a'Saaal Contract"�which resolved most of
Continental's rate disputes across the country. The Scaal Contract essentIally eliminates rate
regulation by NDC4 and instead requires minimal reporting by Continental to the FCC. Part of
the Social Contract also requires ConGnental to invest signficant capftal in its cable systems
throughout the Country by increasing channel capacity and system capabilities. The Social
Contract specifically requires that Continental rebuild at least 50% of its systems to 750MHz
and the other 50% to least 550MHz by the end of the year 2000. 85% of all of these rebuilds
must use fiber to the node construction. The 51.35 billion which Continentat has dedicated for
the above described rebuilds will be obtained in part from an initial public offering of stock in
Continental. As a resul� Continental will soon be a publiGy traded comp�ny and will face
increased scrutiny from shareholders regarding the profitability of the company.
2/8/96
5
UDC4
Franchise Renewal Process
• Governed by federal law
• Begins three years before expiration
- Requires review of future cable needs
- NDC4 prepares needs assessment
- Continental submits renewai proposal
• Denial very rare - only twice in U.S.
• NDC4 can't seek "competitive" bids
Franchise renewals are govemed by federal law (47 U.S.C. 546). Unlike the original
award of the Franchise, NDC4 cannot seek competitive bids from other cable
operators. NOC4 must follow exactly the federal renewal procedure which affords =
Continental significant due process �ghts. Under the federal renewal procedure, %°
Continental must notify NDC4 of its intent to renew the Franchise three years before
the Franchise expires. Therefore Continental will fikely give notice to NDC4 on or ,
shortly after March 28, 1997, since the Franchise expires on March 28, 2000.
Upon receipt of the notice, NDC4 must commence needs assessment proceedings to
determine Continental's past perfortnance under the Franchise and the future cable
related needs and interests of the community. Once a detailed needs assessment
report has been prepared, Continental must submit a renewal proposal to NDC4.
Since Continental has complied with the material terms of the Franchise and is
otherwise qualified to operate a cable system, the only criteria on which to base denial
will be if Continental's proposal is not reasonable to meet the future needs identfied
by NDC4. The key task for franchising authorities at the ame of renewal is therefore
the creation of a comprehensive and detailed �eeds assessment report which can
support the needs and interests iden6fied. '
If NDC4 denies Continental's renewal request, an administrative hearing must be held
and the decision would likely be reviewed in Federal Disfict Court. Only twice in the
_ Country have cities prevailed in such denials, most recently in Sturgis, Kentucky,
where Brian Gragan was successful in representing the city in its denial of an
operatbr's renewal proposal. The other case focused on a Missouri cable operator's
technical incompetence. �
2/8/96
�
�
NDC4
Results of Typical Renewal
I• Time and money expended
• Uncertainfiy about what future holds
• Concern due to complexity of ;Franchise
• Key negotiated provisions:
- System upgrade
- Customer service
- Local institutions wired
- PEG access support
- Length of Franchise term
For communities of similar population and subscriber levels as NDC4, the Franchise
renewal process is typically a time-intensive and somewhat costly proc�ss. Often
outside engineers are retained to evaluate the existing system and make
recommendations for the future, and professional survey firtns are used to ascertain
interests of subscribers. Other methads used by communities to gather.information
as part of the needs assessment process include public hearings, facus groups,
franchise fee audits, requests for information from the operator and related activi6es.
One constant in the renewal process in uncertainty. Elected officials are usually
placed in the difficult position of having to enter a long term contract, often 15-20
years, with no idea of what the future may bring. In addition, there often exists
confusion over various provisions in the Franchise due to its length and complexity.
Usually a few key elected individuals are active throughout the process and are relied
upon, together with staff, fo� information to help in the decision making process.
;
While each community typically has one o� two unique issues, the most common
items to be negotiated during renewal are the type of system upgrade / rebuild and
the timing for completion of required construction, the length of the Franchise term
(i.e. usually 10 - 20 years), and the support for lacal pragramming. The lacal
programming support often addresses such items as channel capacity, equipment,
facilities, and related financial support. It is also important to note that cunent federal
law allows cable operators to directly pass lacal programming (PEG access) support
through to subscribers as'a line item on subscribers bills. Further, unlike in the
original Franchise, Cities can no longer "mandate" operabonal sup�ort for PEG
access. .
.� : • :
7
NDC4
2/8/96
�
Extensio'n Proposal
• Resuit of 6 months of negotiations
• State of the art 750 MHz rebuiid
- Increased channel capacity (78)
- Greatly improved reliabiiiiy
- Higher quality signai reception
- Fiber to node (500-2000 homes)
- Completed by end of 1998
• More choices and new services
Negotiations regarding the current extension proposal began in July of 1995. One of
the key issues motivating consideration of an extension is the current age of the
existing cable sysiem. In particular, no available channels remain for new
programming to be added. Thus, when new services such as the History Channef
and Comedy Central are introduced the only way they can be added to the system is
for other programming to be displaced. This problem will only get worse in the next,
several years as demand increases for new offerings. This same problem aiso
prevents Continental from adding new premium and pay-per-view services on the
system. NDC4 and the seven Member Cities are affected by this issue as a result of
the lost franchise fee revenue (5% of Continental's g�oss �evenues) which would
otherwise be realized.
The system rebuild proposed by Continental is currenUy considered to be state of the
art in cable system technology. We are aware of no other communities in the Counb3�
where a more advanced system has been employed except for small test / trial
markets. The 750MHz system will incorporate wide spread fiber optic technology to
clusters of homes from 500 - 2000 in number. This configuration will provide
subscribers with a more reliable signal and with noticeably better picture quality
because the signal will no longer require as many amplfiers, which cause signal
degradation. Obviously the most visible improvement in the system will be the
increased channel capacity which will allow Continental to add new services and-
programming desired by subscribers.
0
�
NDC4
Extension Proposal
• PEG access support
- $300,000 for equipment
- $104,333/year operating funds�
- Pass through to subscribers
• Improved line extension criteria
• Institutional services
• Seven year extension of franchise
As previously mentioned NDC4 receives from Continental annual operating support
which increases each year to keep pace with inflation and also receives capital grants
to finance the purchase of equipment for NDC4 and the member cities. This PEG
access financial support will end with the Franchise in 2000: Like all other franchise
provisions, support for PEG access is a nego6ated item during renewal. ~ '
As part of its extension propos.al, Continental will continue to p�ovide the same level of
support to NDC4 for PEG access. This support will take the form of $300,000 for
equipment replacement and an average of �104,333 per year for operating support.
The annual operating support funds do not represent any increase in the cuRent
funding arrangement between Continental and NDC4. Continental will be allowed to
pass through to subscribers the amount associated with PEG access support
consistent with the provisions of federal law and the remaining portions of the FCC's
rate regulations. It is worth noting that the operating portion of the PEG access
support can't be mandated in a typical renewal process.
The extension proposal also includes a commitment from Continental to aggressively
extend the cable system to cuRently un-served regions in the seven Member Cities
and.to future developments. This extension of the system will result in a substantial
increase in subscribers, thereby increasing franchise fee revenue for NDC4 and its
Member Cities.
Finally, the Franchise would be extended seven years beyond its present e�cpiration
date of March 28, 2000. Recognizing that most renewed franchises extend for 10 -15
years. this extension of the term appears berieficial to the Member Cities since it does
not result in a commitment similar to the original Franchise.
2/8/96
�,
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.._ _ __. _----r --- - --
Ii
' NDC4 �
�'
Impact on Subscribers
• More channels I new services
• Better picture quality / reliability
-1995 viewers survey results
• Possible increased costs
• Potential competitor for:
- Local telephone service
- Internet service
- Long distance service
The most noticeable impact for Continental subscribers will be the availability of new
channels and new services. The 750 MHz technology utilized for the system rebuild
will result in significant e�ecess channel capacity which will allow Eontinenial to meet
the desires of subscribers for newfy created services. In addition, subscribers will `
receive an improved picture on their television sets as a result of the widespread -
utilization of fiber optic technolQgy. This same technology will improve the reliability'of
the system thereby causing fewer outages throughout the system.
In the fall of 1995 a professional viewer survey was conducted by NDC4 to detertnine,
in part, subscriber interest in issues relevant to Franchise renewal. The results of the
survey indicated a strong interest in an improved cable system. In particular, the
survey found that 70% of subscribers thought it was important to receive improved
pictu�e quality and a more reliable signal on the cable system. Further, over 50% of
subsc�ibers felt it was important to increase channel capacity on the system and to
have available new services such Intemet access and / or telephone service.
Another relevant finding of the survey was the strong interest among subscribers in
PEG access programming. In fact, 64% of subscribers felt PEG access and local
pregramming was important and 69% felt it was important to have lacal meetings
cablecast over the system. A copy of the executive summary of the survey has been
attached for your review and consideration.
As new programming and services are added to the system, it is possible th�cost for
cable service will increase. It is likely, however, that the costs will be govemed by
market factors, given the increasing competition from DBS and potentially from
telephone companies. In particular, the 750 MHz system will provide Continental with
a platform on which it can ultimately provide lacal exchange telephone service in
competition with US West, as well as Intemet services at transmission rates
substantially faster than those being delivered over existing twisted pair telephone 10
2/8/96 �ines. .
NDC4
2/8/96
Impact on Cities
• State of the art infrastructure
• Improved signal quality for i.ocal chs.
• Enhanced institutional services
• Aggressive line extension criteria
• Continued funding for PEG access
• Seven year extension of Franchise
If the extension proposal is accepted by the Member Cities, the system rebuild
proposed by Continental wiil result in a greatly improved telecommunications
infrastructure. A community's telecommunications infrastructure is rapidly.becoming a
crucial element in attracting businesses and residents to the community and will likely
become increasingly more important in the years to come. Cities will also benefit from
improved signal quality on the local ac�ess channels so that programming such as
city council meetings and community programs can be viewed more easily by
subscribers. In addition, the improved cable system will havg capacity available for
voice, video and data transmission between various wired public buildings which
could result in cost savings and improved communications. Further, the maintenance
of existing funding levels for PEG access programming and NDC4 / NDCN staff
insures that the resources which are presently available to Member Cities will
continue.for the foreseeable future.
In retum for these benefits the Cities must commit to a sev,en year extension of the
existing Franchise. As previously mentioned, Franchise teims in a typical renewal
pracess often extend ten to fifteen years. The seven year extension meets NDC4's
goal of avoiding a long term cbmmitment in this era of rapid technological
advancement, yet insures a prompt rebuild of the system addressing the immediate
concems of subscribers.
Finally, the existing Joint Powers Agreement between the seven Member Cities allows •
any City to withdraw from NDC4 on or after March 28, Z000. Nothing in the extension
proposal will change the Cities' rights to exercise their option to withdraw from the
Commission. Each City will, however, retain the benefits of the improved Franchise '
provisions. .
11
`
NDC4
Im pact on Rates
• Rates will likely increase despite this
• When cable rates are deregulated .
- Operators wiil charge maximum
tolerable rates
- Only competition will hold down rates
- PEG support wiil only decrease
operator's net revenues
Questions have surFaced during the negotiabons �egarding the impact on subscriber
rates. This issue has been further complicated by Gontinental's Social Contract with
the FCC and the passage of the new Telecommunications Act. 8ased upon the best
information available to NDC4 at this 6me, it appears Continental, as well as ali ottler
cable television operators, will soon be free from rate regulation at all levels. In other
words, Continental will be back in the position it enjoyed from 1986 through 1993 �
during which time the cable industry was completely deregulated.
During the period of decegulation cable operators typically established rates, in part,
by reviewing the costs associated with delivering the service but more directly by
determining the maximum rate which subscribers would pay for the senrices being
delivered. Since no real campetition was present from 1986 to 1993 cable operators
enjoyed a virtual monopoly and rates were govemed primarily by what a reasonable
individual would pay for the service, before disconnecting. This same scenario is likely
to be repeated in the next several years, with the only difference being that DBS and
telephone company competition may assist in keeping cable rates lower.
,
Given this premise, some accou�tants and economists have argued that cable
operators will be back in the position of charging the maximum tolerable rate which
subscribers will pay for cable service. Therefore, unless competi�an holds rates
down, rates will likely increase regardless of Franchise requirements. Moreover, even
if the Franchise imposes financiat obligations on the cable aperator, the increased
costs to the operator may not result in any change in the rate actually paid by
subscribers but may only impact the operators bottom line. ,
�$iss
12
NDC4
"What if Something Better
Comes Along?"
• 12 yr. old system has no avail. chs.
- Delay may result in lost subscribers
• Fiber to node = preferred construction
- Digital compression in future
• The same argument will exist in 3 yrs,
- At some point decision must be made
NDC4 has been concemed throughout the negotiation pracess about the long tertn benefits of the
technology proposed by Continental for the rebuiid of the system. Given the rapid technological
advances occurring within the industry, some have feared that within the next 3 tQ 5 years a new
technology, perhaps not currently known, may render Continental's proposed system rebuild
obsolete. While this possibility will always exist, the 750 MHz rebuild proposed by Continental is state
of the art system construction and is the preferred construction design currently being implemented
throughout portions of the country. Moreover, Continental's Franchise is non-exclusive so any other
service provider remains free to seek;permission to construct and operate a competing system in the
NDC4 service area. In a competitive environment Continental will be forced to either match the
capabilities of a competitor or risk losing market share. " �
Further, since Continental's current system serving NDC4 has no available channels, and given that
no new services can be added, a lengthy delay in system rebuild may result in lost subscribes to
competitors such as DBS or telephone companies. These lost subscribes would result in lost
revenue to NDC4 and the member municipalities in the fortn of lost franchise fee revenue. Cable
television consulting engineers around the country recommend fiber to the nade constructian and
even telephone companies such as AT&T have indicated that the 750 MHz rebuild design proposed
by Continental is currenUy the preferred system design for providing communications services. With
the advent of digital compression the channel capacity available on a 750 MHz system could be
digitally compressed, potentially resulting in hundreds of channels of programming available to
- subscribers.
Unfortunately. there are never guarantees and there will always be uncertainty regarding what the
future may provide. To the extent NDC4 detertnines to wait until the year 2000 to decide the
appropriate system rebuild, similar uncertainty will exist at that time regarding the capabilities of future
tecllnologies. Given the age of the existing system and the lack of capacity, a decision must be made
at some point regarding the technology which will serve the residents of the Member Cities over the
next ten years.
2/8/96
13
0
NDC4
2/8/96
"If this De�i is good for
Continental it must be bad
for the Cities / Subscribers"
I• Continentai wiil be in better position to
- Compete with DBS and telecos
- Increase revenues (franchise fees)
• All Continental systems �face competit�o
- Some systems will be improved first
• Why not put NDC4 at the top of the list?
Without question, Continental will be in a far better position to compete with DBS and
telephone companies for the provision of voice, video and data services. Further,
Continental will likely be abla to ��cr�ase revenue as a r�s�lt of the system rebuild
and their ability to provide enhanced services to subscribers. •
. `
As mentioned, however, Continental is cuRently acquiring all of the cable systems
owned by Meredith Cable in the Twin Ci6es area. Further, Continentat is one of the
five largest cable television operators in the country with approximately 3 million
subscribers nationwide. Most of Continental's cable systems face similar issues
regarding the need for a system upgrade or system rebuild. Given a finite amount of
capital available to improve its systems, Continental is currently in the process of
determining which communities to improve and the time frame for improvements.
One of the factors considered is�the status of the franchise and the time period for
renewal. It is possible Continental may undertake a rebuild of the cable system
regardless of NDC4's action on the proposal. It is possible, however, Continental may
significantly delay the rebuild and/or may u�lize a lesser technology which would only
reduce the benefits to the Cities and subscribers and prolong the wait for needed
technology. The acceptance of the extension proposal will place NDC4 in line for a
state of the art system upgrade and insure construction will be completed by 1998.
14
NDC4
"Why not wait for Renewal
Process?"
• Can't we require these same
obiigations in 3 years? �
- Some, but not all
- Can't require same PEG support
• Subscriber benefits delayed
• System needs improvement soon
• Delay may = expensive process
To the ext�nt NDC4 does not go forward with the extension proposal,. it wiil
tlien undertake a renewal process with Continental beginning next year.
While many of the same issues can be mandated in a Franchise`��enewal to be
concluded in the year 2000,iNDC4 cannot mandate continuation of the PEG,
access operatio�al support ($104,333 per year). Many of the same
requirements in the current extension proposal, however, can likely be
required of Continental at the time of renewal.
One concem of NDC4 is the three year delay in obtaining written
commitrnents from Continental on these important issues. Since the existing
Franchise does not expire until the year 2000 it is entirely possible that a new
Franchise may not be approved and awarded until the beginning of the year
2000. That Franchise may require a system upgrade, but one to two years
may be required for implementation of such a requirement Therefore, a
significant delay may occur in obtaining a system rebuild from Continental.
Given that the existing system requires immediate improvement due to lack of
channel capacity, such a delay may not be in subscribers best interests.
In additioh, trie Franchise renewal process, as described earlier, will require
significant time and perhaps expense by NDC4 to develop a comprehensive
. needs assessment report which will serve as the basis for renewal
•:'� � negotiations and adoption of a new Franchise.
2/8/96
15
ti
NDC4
"Does Social Contract Require
System Rebuiid Anyway?"
• Only 50% will get 750MHz by 12/31/00
• Other 50% wiil get 550 MHz rebuild
- Does not include fiber to 'node��
• Continental must spend $1.35 billion
• Continental decides which systems
are rebuiit based on market factors
• Franchise will expire 3/28/00, will
Continental rebuild wlo exten�ion?
By the terms of the Social Contract, Continental must upgrade 50% of
its cable systems in the country to 750 MHz by December 31, 2000.
The other 50% of the cable systems must be upgraded to at least 550
MHz technology by the same date. The 550 MHz rebuilds may not
include fiber to the node construction and there is nothing in the �
contract describing which communities receive the improved systems.
Continental has committed to the FCC that it will spend $1.35 billion by
the end of the year 2000 to finance the system rebuiids.
The main question which NDC4 has struggled with is given that the
Franchise will expire on March 28, 2000, will Continental undertake a
rebuild before a new Francfiise is negotiated and approved. Obviously�
Continental would take a risk �n doing so since NDC4 and its member
cities could mandate a specific type of system upgrade be implemented
in the communities. The Social Contract clearly requires a system
upgrade in NDC4 to at least 550 MHz, however, the extension proposal
would require 750 MHz technology which Continental may or may not
utilize if the proposal is not approved.
2/8/96
�
NDC4
"What if our city leaves NDC4
in the year 2000?"
• Any City may leave NDC4 after.3/28/00
• Extension will not impact joint'�powers
• Each City would retain benefits of
strengthened franchise
• This could cause funding probiems for
NDC4 and NDCTV
Under the terms of the Joint Powers Agreement any City may leave
NDC4 on or after March 28, 2000. Nothing in the extension proposal
will change the terms of the Joint.Powers Agreement nor in any way
affect a City's right to leave NDC4. Each Member City would retain all�
of the benefits of the strengthened Franchise including the requirement
for the system rebuild, line �extension, institutional services and PEG
access support. �
Obviously, to the extent one or more communities leave NDC4 in the
year 2000 or after, funding problems could occur for NDC4 and
NDCN. This is particularly true given the capital required to maintain
the existing office and praduction facility in Inver Grove Heights and to
provide the services which would require, at a minimum, existing staff
levels.
: •.
17
. �
NDC4
is dea� aQes not aeneri
subscribers, it just gives
more money to NDC4."
Best part of deal is the 750 MHz rebuiid
- Subscribers wiil receive: .� ��
- Better signal quality / reliabilifiy
- Increased channels / services
- Platform for competition
NDC4 will retain present funding level
Cities retain all options re: joint powers
The single biggest component of the extension proposal is the 750 MHz
rebuild of the existing cable system. As a result of the rebuild
subscribers will receive the benefits of improved picture quality and
system reliability as well as greatly increased channel capacity for the
provision of new programming and services. Further, NDC4 wiil retai�
its present PEG access funding levels which should ensure quality local
programming for the benefit of subscribers and Cities. The recent
viewer survey showed that the NDC4 community values PEG access
more highly than other metro area communities. The extension
proposal does not contemplate any increase in funding for NDC4 but
rather a maintenance of existing funds at current levels, adjusted for
inflation. .
The seven Member Cities will retain all of their rights under the Joint
Powers Agreement and may exercise their options under that
Agreement in the year 2000 and after. Most importantly, however, the
extension proposal guarantees an improved system at a time when no
available channel capacity remains on the system and new services �
and programming are becoming available andare sought after by. �
subscribers and businesses throughout NDC4's service area. '
2/8/96
18
Decision
Resources Ltd.
�
�
A
a
0
Decision Resources, Ltd
, �- -
�'
SUMMARY OF �'INDINGS
Methodology:
This study contains the results of a telephone survey of 400 randomly selected Continental Cable
Television subscribers in Northem Dakota County. Survey responses were gathered by
professional interviewers across the community �between September 27 and October 2, 1995. The
average interview took nineteen minutes. In general, random samples such as ttus yield res�ilts
projectable to the entire universe of Continental Cable Television subscnbers in Northern Dakota
County within � 5.0 percentage points in 95 out of 100 cases.
Interest in Local Area Programs:
The keenest interest was expressed in two types of programs:
• Local community news programs (68% at least "somewhat interested'�
• �funicipal or city information (61 % at least "somewhat interested")
The second tier of interest inciuded seven types of programs:
• Local city council meetings (49% at least "somewhat interested'�
• Adult educarion classes (49°% at least "somewhat interested'�
,
• High school athletic events or programs (45% at least "somewhat interested'�
• Parades or community celebrations (45% at least "somewhat interested'�
• School district information (44% at least "somewhat interested'�
�ewership of Local Area Programs:
'Three programs scored relatively high viewership levels:
• Local city council meetings (40% at least "occasional viewers'�
• Municipal or city information (39% at least "occasionai viewers'�
• Local community news programs (38% at least "occasional viewers'�
Two progcams registered intermediate levels of viewership:
• H'igh school athletic events or programs (30% at least "occasional viewers'�
• Parades or community celebrations (28% at least "occasional viewers'� -
Page 1
Decision Resources, Ltd
: .. .
A solid 69% felt the telecast of the meetings of �ocal public bodies was either `�ery important" or
"somewhat important."
The most convenient time for watching local area programs, indicated by 54% of the saznple, was
"weekday evenings." No other time slot captured more than a ten percent segment of subscnbers.
Northern Dakota County Community Television:
41% said they were aware of NDCCT prior to this survey.
vewership of each channel varied somewhat:
• 38% had watched Channels 18 & 19 during the past month.
• 33% had tumed to Channe135 programs during the past month.
• 26% had watched Channe132 during the last thirty days.
• 23% had tuned in on Channe133 during the past month.
�� � 14% had watched Channel 14 during the last thirty days.
On average, viewership of each channel had increased about fifly percent from the 1990 study
levels. ---
Public Access Service on (aiannel 33: �
52% were aware of this public access service.
• Most subscribers had learned about this service on the television or by word-of-mouth.
64% rated public access as "very important" or "somewhat important;" in f�ct, 24% place,� it in
the former category.
• This support level had dropped 16% since the 1990 study.
7% were `�ery interested" in producing or assistin� in the production of a program for telecast on
the public access channels. An additional 15% stated they were `,`somewhat interested" in doing
so. '
,
• The pool of potential producers and assistams had increased by about 50'/o since the 1990
.. study. '
Northern Dakota County Cab1e Commission:
32% were aware of the NDC Cable Commissioa
• Awareness was attributed to two sources: newspapers and television.
Page 2
Decision Resources, Ltd
Cable Television Service:
84% rated their cable television service as "exc llent" or "good." 16% rated it lower.
89% rated the picture and sound quality as "excellent" or "good;" only 11% were more critical.
64% reported they "rarel�' experienced service interruptions due to technical problems. 12°'0
reported "quarterly" interruptions; while 8% said they experienced these difficulties "monthly."
Among those hoiding opinions, majorities felt that Continental Cablevision was meeting each
customer service standard:
• 97% felt that "bills are clear, concise, and understandable."
• 91% agreed that "knowledgeable, qualified representatives respond to your telephone
inquiries."
• 90% felt that "customers are notified at least thirry days in advance of any rate or channel
change within the control of the cable operator."
� 89% agreed that "the Cable Company provided you with information on products and
services o�ered, price and service options, installation and service policies, and how to use
the catble service." This satisfaction level wcrs �% lower thcm the 1990 benchmark level.
• 64% felt that "usually, the wait to talk with a customer service representative is less than
30 seconds." This leve! of scrtis, f'action was 8% lawer thcm the 19901eve1.
� 59% agreed that "usually, the customer service telephone number is not busy." An 8%
cfrop was also noted from the 1990 benchmark scrtisfaction level.
77% rated the variety of available programming as "excellent" or "good;" while 23% �egarded it
,
as "only fair" or "poor."
• Favorable ratings had increas� 6% during the five year period.
Co�etinenta! Cablevision Frnnchise Renewal:
81% saw no reason not to extend.Continental C,ablevision's franciuse for an additional seven
y�• �
13%, however, felt there was a reason to deny renetival. �
• Reasons for denying renewal inciuded high costs/rates, mentioned by 66%; and opposition
to monopolies, stated by 23%.
Page 3
. . . __----�
Decision Resources. Ltd
� Rebuilding the Cab1e Television System: '
�'
If the system were rebuilt, moderate numbers of residents indicated two improvements revolving
around one theme:
• 23% wanted generally more channels and programming variety.
• 17% requested specific types of channels or progruns.
Of four potenrial changes in a rebuilt cable system, two scored relatively high supgort:
•��.�. 70% felt it was "important" to have improved picture and "sound quality.
• 70% regarded improved reliability as "important."
• 58% judged increasing channel capacity as `�ery importarn" or "somewhat important "
• 53% similarly vievved the ability to o�er new services, such as interactive offerings, data
delivery, or even telephone service, as "important "
The median subscriber was willing to accept a$2.90 monthlv subscription charge increase for
these types of improvements. But, 44% were unwilling��y�Y additional amount.
News Sources:
87% reported regularly �reading their local weekly newspaper. •
��� 67% regularly perused their city's newsletter. � ' _
52% said they regulaaziy read their school district's Community Education Program Brochure.
45% regularly read their school district's newsletter. .
Shopping Patterns:
62% said they made most of their household retail purchases in West Sairn Paul.
• 9% reported going to South Saint Paul or outside of the Northern Dakota County area.
• 7% specified their principal shopping area as Inver Grove Heights.
On average, 66% of the sample shopped "weekl}�' for goods or services at Northern Dakota
County Area businesses. �
• .. 15% shopped there "daily" '
•�•� 15% frequented these business establishments between one and three times mouthly.
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Conclusions:
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The following observations can be directly deduced from the survey results:
1. MunicipaUCity news or informational proarams had the greatest potentiai audience of any
of the types of local programs tested, confimning a trend found throughout the
MevopoGtan Area.
2. Not unespectedly, municipaUcity news or informational programs� posted the highest
current viewership levels. However, with appropriate format and marketing, the current
audience coutd be further expanderi by a factor of two-thirds.
3. Weekday evenings were decisively the best time for reaching the largest audience.
4. �ewership of community programming channels had increased markedly since the 1990
study. On average, local ciiannels had increased their draw by fifty percent. This
represented an annual audience growth rate af about 7% per year.
5. While the importance of public access to subscribers had somewhat dropped since 1990,
the number of potential producers had actually mushroomed during the same period.
6. Continental Cablevision was judged highly on four of six customer service standards. On.
two standards, both related to telephone service, reactions were more mixed and
. satisfacrion had dropped since 1990.
7. The vast majority of subscribers could find no reason to deny a franchise extensioa to
Continental Cablevision. �
8. If the cable television system is rebuilt, subscribers were particuIarly interested in
improved reception and reliability, rather than increased channel capacity and new
services. They also indicated a willingness on average to pay an additional $2.90 per
month for these improvemerns. ;
Overall, local pro�ramming has increased its viewership during, the past five years, and has the
potential for future audience growth. A key to reaching an expanded audience wiIl be the
aggressive marketing of any ne�w or current shows focused upon municipaUcity news and
i�ormation.
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FINDINGS AND IMPLICATIONS
Methodolo�y:
This study contains the results of a telephone survey of 400 randqmly sel�cted Continental Cable
Television subscribers in Northern Dakota County. Survey responses were gathered by
professional interviewers across the community between September 27 and October 2, 1995. The
average interview took nineteen nunutes. In general, random samples such as this yield results
projectable to the entire universe of Continental Cable Tele�vision subscribers in Northern Dakota
County within -� 5.0 percentage points in 95 out of 100 cases.
Subscriber Demographics:
The median cabie television subscriber had been hooked to the system for 5.0 years. Twenty-one
percent had subscribed for less than two years; while 14% had done so for over ten years. 18-44
year olds and renters dominated the former group; over 45 year olds and South Saint Paul
residerns dominated the latter category.
The median monthly cable television charge was �28.85. Twerny-one percent posted charges of
less than �25.00; while 25% indicated charges over �40.00 monthly. Thirty-eight per�ent of the
subscribers currently had premium channel services. The median time per day that television sets
were on was 5.1 hours. �
Seventy percent of the subscribers were home owners. The median age of adult subscribers was
43.9 years old. Twenty-eight percent were under the age of 35 years old; while 33% were over
the age of 55 years old. The median level of education was some college, albeit short of college
graduation. The median household income was 538,150.00 annually. Eighteen percent posted
household incomes under �25,000.00 annually, while 23% indicated incomes over $50,000.00
yearly. Men and women were equally divided in the sample. .
Thirry percent of the subscribers resided in Inver Grove Heiglrts. Twenty-six percent lived in
West Saint Paul; and 27% resided in South Saim Paul. Mendota Heiahts residents accounted for
14% of the sample. The remaining four percent lived in Mendota, Sunfish Lake, and Lilydale.
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I�terest in and Current �ewership of Local Area Programs:
As the table inciuded in this section demonstrates, interest leveis -- those stating they were `�ery
interested" or "somewhat interested" in that topic -- were hiQhest in "local community news
programs" and "municipal or city information." Over five year cable tetevision subscribers and
home owners were more likely to indicate interest in "local community news programs."
Similarly, women, South Saint Paul residents, over five year cable teievision subscribers, and
home owners espressed higher interest in "municipaI or city information."
A second tier of programs registered moderate levels of interest. "Lt�cal city council meetings,"
"adult education ciasses," "high school athletic events or prograins," "pazades or community
celebrations," "school district information," "programs on local businesses," and "programs on
local non-profit or service organizations" re�istered interest levels between 44°% and 49%.
F�igher levels of interest in "local city council meetings" were expressed by South Saint Paul
residents, viewers of local television pro�rams, those interested in local news programs, over five
year cable television subscribers, and home owners. "High school athletic events or pro�rams"
were of greater interest to 18-44 year olds, over �35,000 yearly income households, South Saint
Paul residents, viewers of local programs, those interested in local news programs, and home
owners. "Adult educarion courses" were of interest to West Saint Paul residents and those who
watch television daily for four or less hours. Those with no college experience, West Saint Paul
residents, viewers of local programs, those interested in local news programs, o�rer five year
subscribers, and under �30.00 per month cable television subscribers placed a h'igher premium on
"parades or community celebrations.'' "School� disvict information" was of greatest interest to
18-44 year olds, viewers of local programs, those interested in local news programs, and home
ovmers. "Programs on local businesses" were of greatest interest. to those interested in local news
programs. Similarly, "programs on local non-profit or service organiz.arions" interested women,
those interested in Iocal news programs, and over five year cable television subscribers.
A third tier of programs registered interest ratings between 28% and 36%. `�oreign news shows
,_ in English" !3ad a potential audience dominated by Souih Saint Paul residen�s and those.interested
in local news pro�rrams. "Elementary school programs" were of most interest to those interested
in local news programs. "Local school board programs" scored greatly among 18-44 year olds,
those with college experience, South Saint Paul residents, over five year cable television
subscribers, and home owners. "Religious services and programs on religious issues" were of
primary interest to over 45 year olds, women, West Saint Paul residents, those interested in local
news prograzns, over five year cable television subscribers, and those }�aying less than $30.00 per
month. "Programs on local churches and plaees of worship" were of jmajor interest to over 45
year olds, women, West Saint Paul residents, those imerested in local riews programs, and over
five year cable television subscribers. "School urchestra, band, or chai� productions" were key io
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those interested in local news grograms. 1'
One tyge of pragram did not score iu�Ilty. "foreign news shows in the native tanguage." Unly
those with colle�e e�►erience posted a higher interest level in this program category.
These findings are summarized in the second column of the table below:
Inurest V4cwers}ug Potential
Elementary schoal programs 33% 14% 19%
Schaol oichcstra. band. or choir prodwctions 2$% .13% 15°/a
Local commttniry news progranns 68°�0 3$°�0 30°/a
Muniaipai or city zufomiarian 6I% 39°l0 22°/a
Schoot district information 44°la 24°la 24°l0
Hi�z schoal athlerio events or F��� 45°jo s0°la I5°la
Pa�r•uks or communiry ceicbradons , 45% ?8°l0 17%
Progr�ms on local bi�sinesses �� ' 44°�0 1$%0 � 26%�
Programs on local non-profit or service organizations 44a�o 1$% � 26% t
Locai city couacil mcetings 49% 40% 9%
� ���� �� �a�35 33% I S°lo i $°lo
Fareign news shows iu tttc uativc ianguaBG 1 I°l0 6°l0 5°la
Fonign ncws shows in Englisii 36% 17°la 19%
Programs an local chnrches and places.of a'orshiP '' • 29% 20% 9%
Religaions s�t�vices and programY on religious issaes 32% � 23% 9%
��x ��� �� 49% 24% 25%
Respondents were simuilarly asked about their frequency of watchin,� these types of prograrns.
Nat s�uprisingly, the frequency of viewership was highiy carreiated with interest ievel in,�ac�t type
of program. The third colwmn indicates the percentage of the sample who either `�"reqtiemtlj+" or
"accasionall�' watch that type ofpragram. Faur tiers of viewersiup leveis were noted.
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`
Three types of programs formed the highest level of viewership, with totals between 38°'o and
40°'0: "local city council meetings," "municipal or ciry information," and "local community news
programs." "Local ciry council meetings" were especially popular with over �35,000 yearly
income households, South Saint Paul residents, viewers of community television programs, over
five y.ear cable television subscribers, and home owners. "�funicipal or city information" drew
viewers of community television programs, those interested in local news programs, those paying
over �30.00 per month cable television charges, and home owners. "Local community news
programs" were viewed most often by over 45 year olds, viewers of community television
programs, over five year cable television subscribers, and home owners.
Thirty percent viewed "higln school athletic events or progra,ms," especially South Saint Paul
residents, viewers of community television programs, and home owners. Twenty-eight percent
watched "parades or community televisions," particularly viewers of community television
programs.
Ten pro�rams scored viewership rates between 14% and 24%: "adult education issues," "religious
services and programs on religious issues," "pro�rams on local churches and places of worship,"
"school district information," "programs on local businesses," "programs on local non-profit or
service organizations," "foreign news shows in English," "local school board meetings,"
"elementary�school programs," and "school orchestra, band, or choir productions." "Adult
education programs" were of particulaz value to viewers of community television programs.
"Religious services and programs on religious issues" were key to over 45 year olds, viewers of
local communiry television progra.ms, over five year cable television subscribers, and those paying
less than �30.00 per month cable television charges. "Programs on local churches and places of
worship" were lcey to over 45 year olds, viewers of local community television programs, over
five year cable television subscribers, and those paying less than �30.00 per month cable television
charges. "School disvict information" was watched most often by 18-44 year olds and viewers of
community television programs. "Programs on iocal businesses" were viewed most frequently by
viewers of community television programs, over five year cable television subscribers, those
paying less than �30.00 per month cable television charges, and �home owners. "Programs on
local non-profit or service organizations" were key to viewers of communiry television programs
and over five year cable television subscnbers. "Foreign news 'shows in English" were viewed
most often by over 45 year olds and viewers of community television programs. vewers of
community television programs and home owners were the most avid viewers of "local school
board meetings." "Elementary school programs" were key to community television program
viewers and those interested in local news programs. "School orchestra, band, or choir
productions" were watched most frequently by vie�wers of community television programs, those
interested in local community news, and those paying over �30.00 per month cable subscription
charges. � _
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At the bottam of the viewersi�ip list, "farei�n �tews pro�rams in the rlarive language" were
watched by only six percent. Men, watchers of community television pro�rams, and over five
year cable teievision subscribers pasted even higher viewershig Ievels.
The fourth coiumn indicates the audience potentiai af each prograzn cate�ory. Five pro�ram
cate�ories re�istered the highest potential gain, each over 24%:
• Local community news programs ��
� Pro�ams on �ocal businesses
• Programs on local non-profit or service organizations
• Adult education courses
• School district information
If Narthern Dakota County Community Cable Teievisian wants to maximize its audience, it
should encoura�e the production and telecast of programs in each of these categories.
The most convenient time for watching locat area pro�rams, indicated by 54°fo of the sample, was
"weekday evenings." No other time slot captured m�re than a ten gercent segment af subscribers.
`ryVeekday evenin�sy were especially popular among thase with cotlege experience, over �35,000
yeariy income households, residents of 1�iendota Heights, \riendota, Lilydale, and 5unfish Lake,
those interested, in Ioc�i news programs, and home owners. ,
T'elecasts o, f Lacal Public Bodies: _
A salid 69°/a feit the teiecast of the meetings af tocal pu�lic boclies was either "very important" or
"somewhat important." 18-44 year olds, over �35,000 yearly income households, and viewers of
community television pragrams were most apt to glace a hi�her importance on this type af
programming; while over 4S yeaz olds were most likely to place a lower impoctance on it.
Nanthern Drrkvta �ounty Cvmmunity Television:
Forty-one percern said they were awaze af I�'DCCT prior to this survey. Awazeness was highest
among thase with coUege �xperience, men, viewers of community television prog�ra`ms, those
interested in Iocat news programs, over five year cable television subscribers, those watciung
tel�,wision for mare than four hours daiiy, and home owners. It was lowest among those with no
coilege e.cperience, women, aon•viewers of cammunity televisian programs, less than five year
cable television subscnbers, and rerners.
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Vewership of Nonhern Dakota County Cable Television Chunnels:
Thirty-eight percent had watched Channels 18 & 19 during the past month; while 17% had done
so dwing the past week. The latter group was concentrated among over �35,000 yeariy income
,e.:. households and those interested in local news programs. The former group was most frequendy
�:: .. under �35,000 yearly income households. _ �.
.�.
,.. .. ,�.
Thirry-three percent had tumed to Channe135 programs during the past month; 17% had watched
the channei during the past week. 18-44 year olds were most likely to have watched the channel
during the past week.
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Twenty-six percent had watched Channe132 during the last thirty days; while 12% had done so
during the past week. West Saint Paul residents were most apt to have watched this channel
during the past week.
Twenty-three percent had tuned in on Channe133 during the past month; 10% had done so during
the past week. Under �35,000 yearly income households, those interested in local news shows,
and over four hour daiiy television viewers were most apt to have watched the channel during the
past week. :
:.�
Fourteen percem had watched Channe134 during the last thirty days; while 5% had watched it
during the past week. Under �35,000 yearly income households and West Saint Paul residents
tended to have watched the channeY during the past month.
On averas�e, viewership of each chaanel had increased about fifly percent from the 1990 study
levels: -
1990 Yewership 1995 �ewerslup
Government Access Channel � 28% 38%
Educational Access Channel ; 30% 26%
Public Access Channel 17% 23%
Multi-Faith Access Channel 7% 14%
Community Bulletin Board Channel 20% 33%
Only the Educational Access Channel showed a decrease in viewership during this period.
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Public Access Service on Channe133:
Fifty-two percent were aware af this pubtic access service. �fost subscribers had Iearned about
this service on th�e television or by word-of-mouth. The farmer, mentioned by 57°!0, was used
most often with those having no cottege experience, under �35,000 yearly incame househoids,
over four hour daily viewers of teievisian, and renters. The Iatter, posteti by 12°to, was key ta
those with college experience. At 9%, newspapers ranked third; they were used chiefly as sources
of information by cable subscribers paying under �30,00 monthly chaz�es.
Si�yfou�t percent rated public access as "very important" or "somewhat important;" in fact, 24°fo
glaced it in the former category. Thase feeiing that public access was important included thase
with college e�cgerience, South Saint Paul residents, viewers af community television programs,
and premium channel subscribers. Those viewing it as unimportant tended to be those with no
colle�e e.�erience and non-viewers of �ommunity televisian programs. The level of importance
assigned to gublic access had dropgeci 16% since the 1990 study.
Seven percent were `�rery interested" in producin� or assisting in the production of a program for
telecast an the public access channels. .An additiona! 15°% stated they were "somewhat
interested" in daing sa. 18-�4 year,olds, ovp- �= 5,40Q yearly incame hot�.�eholds, and� renters
were mast keenly inter�-sted in producin� ar assistin� in the groduction of pr4�rarz�s. Remarkably,
the poai af potentiai producers and assiscants haci increased by abaut 54% since the 1994 study.
Northern Dakota Cou�ty �'able Commission:
32% were aware of the NDC Cabie Cammission. H'igher awareness Ievels were posted bq over
45 year olds, over $35,040 yeaziy income households, viewers ofcommuzuty television programs,
over five year cable television subscnbers, those paying mantbly cable teievisian subscraiption
�--• charges of less than ��0.40, and home owners. It was tower among I8-44 ye�r oids, non-viewers
of communitytelevisian prograzns, those subscnbing t� premium channels, and renters.
Awareness of the Cotrunission was attributed to two sources: newspapers and television.
N�wspapers, at 33%, were key to residents of Mendota Hei3hts, Mendota, Lilydale, and Sunfish
Lake, over five year cable teievision subscribers, aad home owners. TeIevision, at 26%, was
relied upon by viewers of community teievision proQrams and over four hour daily teievision
viewers. Uther peogle — the "grapevine" — was cited by sixteen percent.
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Cab1e Television Service: �'
Eighty-four percent rated their cable television service as "escellent" or "good;" 16% rated it
lower. There were no statistically signifiicant subgoup variations.
Eighry-nine percent rated the picture and sound quality as "excellent" or "good;" only 11% were
more critical. Under �35,000 yearly income households tended to post higher ratings; while over
$35,000 yearly income households and residents of Mendota Hei�hts, Mendota, Lilydale, and
Sunfish Lakes were more apt to post lower ratings.
Sixty-four percent reported they "rarely" experienced service interruprions due to technical
problems. Twelve percent reported "quarterl�' interruptions; while eight percent said they
experienced these difficulties "monthly." Over 45 year olds and those without college experience
tended to "rare!}�' experience interruptions. 18-44 year olds and residents of Mendota Heights,
Mendota, Lilydale, and Sunfish Lakes were most apt to experience service interruprions
"quarterly." Inver Grove Heights residents were most likely to indicate more frequent
interruprions.
Cable Television Service Standards:
Among those holding opinions, majorities felt that Continental Cablevision was meeting each
customer service standard. Nmety-seven percent felt that `bills are clear, concise, and
understandable." �linety-one percent �agreed that "knowledgeable, qualified representatives
respond to your telephone inquiries." .Ninety percent felt that "customers are notified at least
thirty days in advance of any rate or channei change within the control of the cable operator."
These were exceprionally strong evaluations. ` "
Eighty-nine percent agreed that "the Cable Company provided you with information on products
and� services offered, price and service options, instaIlation and setvice policies, and how to use
the cable setvice." S�tisfaction was higt�er among 18-44 year olds, Inver Grove Heighfs
residents, vie�wers of commwuty television programs, -and home owners. However, this
satis£action level was 5% lower than the 1990 benchmark level. �
Sixty-four percent felt that `�sually, the wait to talk with a customer service representative is less
than 30 seconds." Satisfaction was higher among those with college experience and viewers of
community television programs; dissatisfaction was higher among those without college
, experience and those paying over $30.00 per morrth cable television subscription charges. But,
this level of satisfaction was 8% lower than the 19901eve1.
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Fifly-nine percent agreed that `�sually, the cus�tomer service telephone number is not busy."
Agreement was higher among those with college experience and viewers of community television
prog�rams; disagreement was higher among those without college e:cperience and under �35,OOU
yearly income households. However, once again, an 8% drop was also noted from the 1990
benchmark satisfaction level.
Program Yariety: ..
Seventy-seven percent rated the variety of available programming as "excellent" or "good;" while
23% regarded it as "only fair" or "poor." Inver Grove Heights residents tended to post higher
ratings; while West Saint Paul residents and those irnerested in local news prograrruning posted
lower evaluarions. Favorable ratings had increased 6% during the five year period.
Continental Cablevision Franchise Renewal:
Eighty-one percent saw no reason not to extend Continental Cablevision's franchise for an
addirional seven years. Thirteen percent, however, felt there was a reason to deny renewal.
Those with college experience, over five year cable television subscribers, and home owners were
more likely to object to a renewal. Those without college e:cpe�ience and less than five year cable
television subscnbers were less likeiy to do so. Reasons for denying renewal iaciuded high
costsJrates, menrioned by 66%, as well as opposition to monopolies, stated by 23%. .
Rebuilding the Cable Television System:
If the system were rebuilt, moderate numbers of residents indicated two improvements revolving
around one theme: 23% wanted generally more channels and progracnrning variety; and 17%
requested specific types of channels or programs. Greater channel capacity was key to 18-44 year
olds, those with college experience, Inver Grove Heights residems, and subscni�ers to premium
channels. Those without college experience and men wanted to see more sports offerings.
Renters tended to endorse more educational channels; while women wanted more c�ild-orierned
channels. •
Of four poternial changes in a rebuilt cable system, two scored relatively high support: 70% felt it
was "important" to have improved picture and sound quality�, and, 70% regarded improved
r.�liability as "'unportant " Tiie former was most important to premium channel subscnbers, while
the latter was key to � 18-44 year olds, viewers of community� television programming, and
premium channel subscribers. ,
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Fifly-eight percent judged increasing channei capacity as `�ery important" or "somewhat
important." This change was key to 18-�4 year olds, Inver Grove Heights residents, those paying
over �30.00 mornhly cable charges, and premium channel subscribers. Sunilarly, 53°la viewed the
ability to offer new services, such as interactive offerings, data delivery, or even telephone service,
as "'unportant." New service potential was particuiariy important to I8-�4 year atds, aver
�35,000 yearly income households, and Inver Grove Heights residents.
The�r�nedian subscriber was willing to accept a�2.90 monthly subscription charge increase for
these types of improvements. But, 44% were unwiiiing to pay any addiric�nal amount, particulaariy
over 45 year olds. Over �35,000 yearly income hauseholds and viewers af community television
progra�mming were most tikeiy to pay an additionai �10.00 per month for these types of
improvements.
News Sources:
The most effecrive channel for reaching cable television subscribers were local weekly
newspapers.
Eighty-seven reponed regcilaziy reading their Iacai weekiy newspaper. Even higtier readership
was noted amon� over 45 year olds and home owners. At �67%, city newsletter ranked second.
They were particulari"y effeczive in reaching those w�ith college experience,-vieurers ofcommunity
television progranuning, thase interested in local news programs, over five year cable t�levision
subscribers, thase paying less than �3�.00 monthty cable televisian charges, and home awners.
They were less effecrive in reaching those without college experience, under �3S,OOp yeatly
incame hauseholds, West Sai.m Paui residents, non-viewers of cammunity teievision
programming, less than five year cable television subscribers, those paying over �30.Q0 monthly
cabie teievision ci�arges, and renters.
Fifty-two percent said they regulaziy read their schooi district's Community Educatic�n Pragram
Brochure. Wamen, South Saint Paul residents, viewers of community television grogramming,
those paying Iess than �30.00 monthiy cable television charges, and home owners posted higher
readership l�vels. Men, non viewers of community television progr�maun,g, less than five year
cabie television subscribers, those paying more than $30.00 monthly cable television aharge.s, and
renters were less likely to read the brochure. Forty-five gercem regutarly read their school
district's newsletter. Readers tended to be women, South Saint Paul residents, viewers of
community televisian programming, those gayin� less than �30.OQ monthly cable tei�vvision
charges, and home owners. They were less likely. #o be men, West Saint Paul residents, non-
viewers of community television progranr�nin,g, subscribers to premium channels, and renxers.
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Loral weekly newspapers and city newsietters �vere clearly �the most effecrive ways of reaching
caote television subscribers.
��PP�ng Patterns:
Si�av-two percent said they made most of their household retail purchases in West Saint Paul,
parcieularly those without college experience and West Saint Paul� residents. Nme percent each
regorced �oing to South Saint Paul, especially South Saint Paul residents; or outside of the
�iorchera Dakota County area, pazticularly 18-�4 year olds, those with college experience, over
�5,000 yearly income households, and residents of Mendota Heights, Mendota, Lilydale, and
Simnsh Lakes. � Seven percent specified their principai shopping area as Inver Grove Heights,
�:ally under �35,000 yearly income households and Inver Grove Heights residents.
On average, sixty-six percent of the sample shopped `�veekl}�' for goods or services at Northern
Dakota County Area businesses. In fact, an additional fifteen percent shopped there "daily."
Frequent shoppers tended to be over �35,000 yearly income households, South Saint Paul
residents, and those interested in local news programs. Sporadic shoppers were most apt to be
those without college education, under �35,000 yearly income households, and renters. A local
new-s proerams, in patticulaz, would �e a very effective way for businesses to reach customers.
Conclusions:
?he following observations can be directly deduced from the survey results:
1. MunicipaUCity news or informational programs had the greatest potential audience of any
of the types of local programs tested, confirming a trend found throughout the
Metropolitan Area.
2. Not unexpectedly, municipaUciry. news or informational prograzns posted the highest
currern viewerslup leveIs. However, with appropriate format and marketing, the curreat
audience could be further expanded by a factor of twathirds.
3. Weekday evenings were decisively the best time for reaching the largest audience.
4. vewership of community pragramming channeIs had increased markedly since the 1990
stu�y. On average, local channels had increased their draw by fifty percent. Tlus
repre.sented an azmual audience growth rate of about 7% per y.ear.
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� 5. V�ihiie the importance af pubtic accessr'to subscribers had �som�t dropped-since-1990,--� ,---�
the number of potenrial producers had actuatly mushroomed during the same period,
6. Continental Cablevision was judged highly on four of six customer service standazds. On
two standards, bath related to telephoae serv�ice, reactions were more mixed and
satisfaction had dropped since 1990. �
�.�� , The vast majority of subscni�ers couid find no rea,son ta�deny a franchise e�ension to
� Cantinental Cablevision.
8. If the cable television system is rebuilt, subscribers were particulaziy interested in
improved reception and� reliability, ra'ther thsn increased channel capacity and new
services. They alsa indicated a willi,ngness on average to pay an additional �2.90 per
month far these improvements.
Over�ll, locat grogra�rnmi�ng has increased its vi�wership dwring the past five years, and has the
potentiai for future audience growth. A key to reaching an expanded audience will be the
aggressive`inarketing of any new or current shaws focused upon municipaUciry news and
infarniation. � .
� �� � � . � "
�
Page 12
« — � i.
:
� �Saturday H
� .axur�Y�.l�ss ,• sccriaN
Star"T�,x'ie
.
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ei
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.
:
Y
/
INDEX "
, Kenneth Hsmey Pa�a H3
Glcndar Pase H9
Opcn housc directory Pa�e 1110
Real esiate transactions Pase tii2
Homa for sale Pa�e H 13
1
r� r�� $ ���a ��
c� Wtth morc fcslks cruising 1
c I , Intwro�l and wurking ,n �h�
tt:�nzG�s. accraac �a titc lats�:i. Ca�u
= cumtnu��i�aliun ��whnuli�,�� i� li
coming �ne mote fartor I'ar lu,i
buycrs ar rcnters tn coiuid�K.
TecL�atu�y junkics a��d a�tu
wi�u wre aiunit ttcr��i mi}�N1 aa4
Ihi• huu:.ia ur aparun�•�u r;m
u:rviYi !►p a }�iiuRu• liur t'f'{ii'i!!
wiU� in��ry;rat�Kl si:rv�r� �li}�itul n�
�rk itSi)Ni, ur irdw ixuue �s �r�n
wi s:naxui! �rlylw ttl�c nKl c.
siin�vn ir itl��.�ctrulion a+ t
•t e�Truea �Ic i
lur .l 7'urrt tu coi�rr story � H
rrintec rt� arr U.5 tii' a 151,
xernke un D ' rst
t
WIRE � from H4 ,
`�irec� neighborhoods: 1Vlore bi� 1�ers
seel�ing technolog� frienclly h�t�z�s
'ritfin plans to telecommute and do
cac•tive videc� confereiici��g. While
h����se tihnppi�iK i�:�rh� last suui�ner. he
cliuiinatc�d f:cii�ia. Piviiinuth a�id areas
north uf �ta4�l�� c�rc,ve because at that
timc ISI)N �c�n�ice ii� th�se areas was
scarcclv av:�il:it�le.
"�1s pec�ple shop for yuality �f scliooi,
thev'�e goin� to shop for yuality of the
infrastructurc tc� sup��ort the schoo('s
techuulc�gy," Grif'fin said. "1t's abc�ut the
canver�ence ... ttie c�min� t�gether of
commuiiicati��ns. com��uting and
CUt1lCI1L�
[�indi��g out whcrc thc technology is
available has bceii a hi�ger problem for
Ji»i Ncwhousc. �vha is in thc maricet for
a nc�v h��mc (Il7f IS tiE!rvcd bv [SUN. I(e
said lie won't buv a liouse unless it will
have ISDN access. but i�e's willing to
wait a year or two to get it if he moves to
a rurai area. Finding out which commu-
nities have it is a tricky but crucial step.
he said.
Renters want access
Renters, too, have concerns about
whether they have access to multipie
phone lines �r coaxial cable, said Ray
Goettl, marketer services representative
' itar Tribune Fonahome and Rent
. .t Magazine. He said several apart-
ment buildings, cnost of which cater to
students and professionals, have some
type of upgraded electronic infra-
"Technology is•'the �.�•�:f• nf the fu-
ture." he said. "if y�dnn �;�r���•ide tech-
nology in the unit �r ir� rii�� ��c:ilitv thev
could Cnd alternativ� ��i�c;�� rr� live — I
don't wailt tc� lose tlic��e ne-�►�le. l�tore
and more we have to n�a�e �� a�•ailable."
Greystone f-Ieigt�ts, a ne�.�� �te�:ens Scott
rental townhouse pr�jecc i�� !nc•er Grove
Heights, has upgraded �ti•ini�, and muld-
ple phone jacfcs. �
Across the country. incere�c in renting
a "smart" apartment is :trong. Bec4ry
Yonts, national sales sup�nrt manager
Mike 0'Connor
r
s MCei ose Place in Brooklvn Center. � for AparCment Search. saici �hat several�
: apartment projects iu �ansas City are!
Dinnaken House in Vtinneapolis near , being planned with busi�iess ceiiters ihat;
the University of Minnesota and Interna- � have computers, fax mactiiries and other �
tional Viltage in Bloomington all have electronic equipmer�t. !ii `r�rcli Virginia.i
computer centers available to renters. �e most.popular amenic�• in a�i apart-;
Renters at Riverwest in downtown Min- ment coniplex there is a business center�
neapolis, many of them work•at-home � �hat has a computer �vici� :;itierica On- �
professionais, are wired with five phone i line access for residents.
lines. Goettl said. {
Chris Iverson, marketIng and product ; A plus for telecommuters
development speciaiist with Apartment Access t� high-speed co�Tiir�unicat'ion
Search Profiles, said that while requests � isn't important just for per�pie i�i tt�e city
for network accessibility aren't over- Who waiit to use tlie Interiiec. It's neces-
whelming, many new apartment and sary [or the viabilitv of tl�e ecitire regian.
towntiouse projects are being specially particulariy for telecommuters, accord-
equiQped. In addition to multiple phone ing to John Sanger, presiclent of Tele- i
lines, some apartment buildings have � commiiter Resources, A Il�)[l�fl)�I �COUQ 1
"business centers" with �eomputers and � th�t advocates the develc���n�et�t of com- �
online services renters can use. ��yt�icies based upon tect�rir�l����. I
Steven Schachtman, president of Ste- ' He says that rural areas often are not .
ven Scott Management. said that provid- .' integrated inco tecf�nc�lo�• systems. i
ing technology to reiiters is important thouRh thc�re are sornc progressivc �
because the market demands it.. pho�ie companies siic}� as those in =
Wheaton and Woodstock. �iinn. ;
���ues lllU[C �ueapens�vety, 'Fiber is
cheaper than a new freeway� a new air- ;
port." he said. "Make the rural areas �
part of the global community through �
telecommunications and technotogy —
and the inner city. too."
If you're searching for a community
conducive to a brave new..world of
electro-commuting, Sanger suggests first
checicing for ISDIv access. then checking
with the cable provider to see if cable is
available. Also check loca! zoning regula- •
tions to make sure you can have a home
occupation. Ask city officials if they
make a distinction beiween having a
home-based business and telecom- I
muting. .
The signifcance of diving in a wired
neig�borhood. Sanger said. is "access,
not mobility." .
ti ,
�
CITY OF MENpOTA HEIGHTS
�'
March 14, 1996
� V
TO; Mayor, City Council and Interim City A tor
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: Consider Land Acquisition -
Southwest Corner of Highway 'i 3 and Piiot Knob Road
. .�
As part of the Airport Part 150 Program, the MAC has acquired a home and
parcet of land in the City of Mendota Heights. The parcel is a small piece of land
� located in the southwest corner of Highway 3 3 and Pilot Knob Road. The site is
zoned "I" but has had a residence on it. The Commission will remove the small
house, and under the program will offer the parcel to the City at a price ba�ed on
two appraisals. t
The parcel cansists of about 10,000 square feet of land and should/could
not be developed as a sepacate parcel. The land is lacated in the Tax Increment
District, and cauld be acquired and eventually attached to the adjacent land for
future development.
' • � : • : �
Consider acquisition of the parcet and direct staff', to proceed with the
appraisal if the Council wishes to proceed with the purchase.
�
,
�
1VI�I'ROPOLITAN AIRPORTS CO�VIMISSION
�Pp+15 S��tir Minneapolis-Saint Paul International Air�ort
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�2 t'� 6040 - 28th Avenue South • Minneapolis, MN 55450-2799
m o Phone (612) 726-8100 • Fax (612) 726-5296
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9�'�IRPORty G� .
February 26, 1996
Mr. Kevin L. Batchelder
Interim City Administrator
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mr. Batchelder:
As discussed with W.D. Schock Company, the Metropolitan Airport Commission's (MAC's)
land acquisition consultant, at a meeting with you on February 21, 1996, the MAC has
acquired a property located at 2351 Pilot Knob Road in the City of Mendota Heights,
under the Part 150 noise mitigation program. The MACs intention is to resell the property
to a public entity, based on the appraised value of the raw land only. The appraisal will
be preformed as if the structure is removed. An avigational easement will be attached
to the deed and will run with the land.
F,'_`�:"'.�---�
A preliminary environmental report was.,preformed'on the property prior to acquisition,
which we have enclosed for your review.`Also,:enclosed for your review is a survey of
the property, which was conduct at the time of the sale to MAC. �
The City of Mendota Heights has indicated to W.D. Schock Company, that they might
be interested ir� purchasing the property for conversion �to compatible land use of
industrial property in a noise impacted area. The property can be ready for sale as soon
as the appraisal is completed and the structure is removed, which could be as early as
May, 1996.
It is W.D. Schock Company's impression that you will discuss this matter with City
Council at the next meeting and let MAC know if the City desires to pursue this resale.
Thank you for your consideration in this matter. `,
Sin y,
�_..
_L, t � �. .
�
L. Ja s Fortman
Director of Airport Development
cc: Ralph E. White
W.D. Schock Company, Inc.
The Metropolitan Airporls Commission is an affirmalive aclion employer.
Reliever Airports: AIRLAKE • ANOKA WUNTY/BLAINE • CRYSTAL • FLYING CLOUD • LAKE ELMO • SAINT PAUL DOWNTOWN
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Land Acquisition & Re(ocatian Services `
Part 150 lmplernentation • Par� 77 • Airport Development
March 5, 1996
Mr . Keva.n L . Batchelder
Interim City Admini�trator
City of Mendota Heights
11(}2 Victaria Curve
Mendata Heights, NIlV' S5118
Dear Mr. Ba�.chelder;
Please find enclosed the limited ex�.virorunental report and �Ghe land
survey. These item� were inadvertently le£t aut of the le�ter Mr.
L. Jame� Fartmara, sent to you .
If you have any fur�her questions plea�e feel free ta contact me.
Since ely,-
.i��.�;�����"'-- .t
Ralph E. V�Thai.te
Executive Vice Presa.den.t
RWldab
,
0
5844 28th Avenue South, Minneapolis, Minnesata 55417 �(612] 724-8898 / Fax (612J 724=8894 -
AN EQtJAL QPPOR7tJNiTY EMP�OYERjCOfi1TRAGTOR
pHices and Pro�ects. M.inneapohs Knoxm/le Cincinnati Richmond Fayettealle
Baton Rouge Mtlwaukee Tampa St. Louis New Orleans
Nashviila Mobite L?es Morraes Sarasata Novstan
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��, Professionai Service Industries, lnc.
,
��
May �, '1994
Ms. Kelly Hauch
Senior Project Manager
W. D. Schock Company, Incorporated - Y
5844 28th Avenue South �
Minneapolis, Minnesota 55423
Re: Limited Site Assessment
Emilie Burow
2351 Pilot Knob Road
Mendota Heights, Minnesoia 55120
Legal Description: PID # 270330002003
PSI File Number: fi73-440(l3 Repor� Nurnber: 107
Ms. Nauch:
in respanse to your request and a�thorization by receipt of a signed contract between
W.D. Schack and Professional Service Industries, Inc. (PSI), Dated January 31, 1994,
PSi has condac#ed a �imi#ed Site Assessment af the subject si�e at 2351 Pi1ot Knob
' Road, the results of which are contained herein.
. t
�
PURPOSE AND SCOPE
The site assessment was limited to visual reconnaissance of the property and on site
s#ructures. The site reconnaissance was limited to the foliawing;
- Visual observations for surface spiils or signs of past praperty use which may
pose an environmental concern,
- Visua! observations for signs of underground or aboveground s#orage� tank
systems •
- Home heating oi1 fuel tank systems ,
- Gasoline fue! tank systems
- Other tank systems
- Signs of existing ar improperly abandoned groundwater or monitoring wells.
The walk-through inspection of all an-site structures far indicatians af patential
environmental concerns was limited ta the follovuing:
2147 University Ave. VJest, Suite 107 � Saint Paul, MN 551 i4 • 612/046-8148 � Fax 612/646-8258
�
m
, �•
Limited Site Assessment
673-44003 Report #107
- Visual observations for classes of rr,�aterials which may contain asbestos.
- Visual observations for possible lead based paint.
- Visual observations for use and/or storage of other chemical substances which
may pose an environmental concern. -- - �
A Limited Environmental Questionnaire and Disclosure Statement was issued to the
homeowner to help identify any past and present environmental conditions that could
have had an effect on the subject site. . _
SITE RECONNAISSANCE
General
The subject site was located at 2351 Pilot Knob Road in Mendota Heights, Minnesota.
The legal description of the property was PID # 270330002003. An explanation of the
subject site and facilities to be assessed were provided by Emilie Burow, the
homeowner, during the on-site completion of the Limited Environmental Questionnaire
and Disclosure Statement.
The subject site is located in a predominantly residential setting, west of the
Minneapolis/St. Paul International Airport. On site structures consisted of a one and
one-half story single family home with a basement and an attached single car garage.
The structures on site were constructed of wood and concrete block with wood siding,
wood trim and a slanted shingle roof.
.� �
On-site visual reconnaissance of the subject site and improvements for indications of
recognized environmental conditions was conducted on April 18, 1994 by Les Sarne of
PS1. Reconnaissance consisted of systematically walking the perimeter boundary and
crossing the interior of the site to provide an overlapping field of view. Due to the time
of year the reconnaissance took place, dormant brown grass limited visual observations
of stressed vegetation on the property.
Evidence of Underground Storage Tanks
None of the following indications of underground storage,tanks (USTs) were found on
the subject site.
- Pumps, pipes or vents
- Tank related manholes �
- Tank related concrete pads or surFace depressions
Evidence of Waste Disposal
0
The on-site reconnaissance addressed dumps, pits, ponds, landfills, borrow pits, and
2
�
, , `,,,, '..✓
Limited Site Assessment
673-44003 Report #107
lagoons which may have been used for disg�osal purposes. No evidence of dumps, pits,
ponds� landfills, or lagoons was found on the subject site.
Typical residential garbage collection is provided by BFI/Wood Lake Sanitation.
Septic systems were used in the area by several of the older homes according to some
of the homeowners who have lived in the area for many years. These septic systems
were reportedly used up until city sewer was brought into the area in the late 1950's and
early 1960's. At that time the septic systems were reportedl�i disconnected and filled with
sand.
No signs of on site septic disposal system was discovered during the on-site
reconnaissance. According to the current homeowner, when city sewer was hooked up
to the house, the septic system was filled in with sand.
Surtace Staining and Stressed Vegetation
The on-site reconnaissance addressed indications of some environmental conditions as
evidenced by surface stains and/or stressed vegetation. Evidence of surface staining
was found on the garage floor due to typical automobile fluid leakage, and fuel oil spillage
by fuel oil tank. With the exception of this, no other evidence of surface staining and/or
stressed vegetation was observed on the subject site.
Drums, Containers, and Storage Tanks
� ,
The on-site reconnaissance addressed containers, drums, above ground storage tanks,
and other storage units containing; materials which may pose an environmental threat.
The following were found: a metal fuel oil tank was located in the garage. Small
quantities of commercially available chemicals were observed on site. No other
containers, drums, above ground storage tanks, and other storage units containing
materials which may pose an environmental threat were found.
wells
An abandoned well was observed at the subject site. The i�vell was open and not in use.
Wells considered not in-use require a maintenance permit from the MN Department of
Health. Otherwise the well must be sealed. Current well requirements can be found in
Minnesota State Statutes, Chapter 1031. �
Asbestos -
A visual asbestos assessment was conducted in general accordance with EPA and
AHERA guidelines to evaluate the presence of suspect. asbestos containing building
materials (ACBM) that were accessible and/or exposed at the time of the site visit. The
3
. �
, ' ' �..J ��,�,,�
Limited Site Assessment
673-44003 Report #107
,
following suspect asbestos containing buil�ing materials were found at the subject site:
roofing shingles, spray-on ceiling texture, vinyl floor tile, sheet rock and plaster walls and
ceilings.
Lead Based Paint
A visual identification of possible lead containing paints and varnishes was conducted.
Based on the age of the structure, the paint and/or varnish on_ interior and exterior
components of the home are suspected to contain lead. �
Hazardous Waste
No indications of hazardous waste generation, storage or disposal were observed on the
subject site.
General Environmental Practices
No indications of adverse environmental practices was observed during the site
reconnaissance or during interviews with the homeowner.
FINDINGS AND CONCLUSIONS
We have perFormed a Limited Site Assessment on the subject site in general
conformance with the scope andr limitations of the protocol and the limitatioh outlined
earlier in this report. This Assessment has revealed evidence of recognized
environmental conditions in connection with the site , which include the following:
- Suspect asbestos containing materials were identified in the residence.
- Suspect lead-based paint was identified on interior and exterior building components.
- An open well was found on the north side of the basement.
- The possibility of an abandoned septic system located on the property, that was used
prior to city sewer being brought into the area.
- A metal fuel oil tank containing fuel oil was located iri, the garage.
�
RECOMMENDATIONS
This assessment has revealed no evidence of environmental conditions which suggest
a need for further assessment activities except for:
- An asbestos survey, with sampling and laboratory testirrg, would be required if the '
structures are to be renovated or demolished. '
- Any wells on site should be. �properly sealed in accordance with Minnesota
Department of Health regulations. '
0
.
. ,� , e � .
:�
Limited Site Assessment
673-44003 Report #107
In order to determine whether lead-based paint is present, and what regulations
apply, a lead-based paint survey with appropriate testing is recommended.
WARRANTY
PSI warrants that the findings contained herein were accomplished in accordance with
the methodologies setforth in the contract protocol. These methodologies are considered
to represent adequate practice for conducting a Limited Env.ironmental Site Assessment
of a parcel of property for the purpose of identifying recogni�ed environmental conditions.
However, these findings and conclusions contain all of the limitations inherent in these
methodologies which are referred to in the protocol and some of which are more
specifically set forth below.
LIMITATIONS AND EXCEPTIONS OF ASSESSMENT
Along with all the limitations set forth in various sections of the assessment, the accuracy
and completeness of this report is necessarily limited by the following:
There may exist, on the subject site, conditions that could not be identified within the
scope of the assessment or which were not reasonably identifiable from the available
information. The scope of work of this assessment was not intended to produce all
inclusive or comprehensive results, but rather to provide the client with information
regarding apparent suspicions of existing and potential adverse environmental conditions
relating to the subject property. In accordance with the contract scope, no background
research or records review was performed.
Please do not hesitate to call should there be any questions about the Preliminary Site
Assessment. We look forward to the opportunity to wo�k for your organization again on
future projects. � . _
Respectfully submitted,
PROFESSIONAL SERVICE INDUSTRIES, INC.
.�
Les Sarne
����—,___.
Michael Tjaden
Branch Manager
5
02-07-1996 03�20PM FROM
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CTTY OF MEN.UOTA HEIGHTS
����.�1�.;
March 14, 1996 '
TO: Mayor, City Council, and Interim City A �r�
FR.OM: Patrick C. Hollister, Administrative Intern
SUBJECT: Proposed Eagan Comprehensive Plan Amendrnent
Discnssian
The City of Eagan has submitted to the Metropolitan Council a praposal to change their
Carnprehensive Plan. The City of Mendota Heights, as a patentially interested third party,
has ten days io make any cominents about the praposed change to the Metropalitan
Cauncil. Since the City of Mendota Heights received notice of the proposal on March 13,
this gives us until March 23 to make any camments. Thus this item has been included on
the consent calendar for this evening. �
The City of Eagan propases to create a zoning designation, `BP" (Business Park), and
change the land use designation of 235 acres of nartheasi Eagan from CPD {Commerciai
Planned Development) ta BP in order to foster development of mixed office/light �
industrial uses. The ai�ected area is bounded by Highways 149, S5, and 494 (see att�ched
dacumentatian and rnap).
Staff cansiders Eagan's new designation to be complementary to aur own industrial park
in the sauthwest of the City of Mendata Heights. Although the City Council of the City af
Mendota Heights has expressed concern in the past about traffic in the vicuvty of Highway
494 and Dodd Road, the applicatian to the 1Vletropaiitan Cauncil by the City af Eagan
indicates that this change will result in no additional trip generatian in the vicinity.
Council Action Required
Advise Staff as to any comments the City should make to the Meiropolitan Cauncil
regarding Eagan's proposed Camprehensive Pian amendment.
city oF �ctc�c�n
March 12, 1996
LYNDA VOGE, REFERRALS COORDINATOR
METRQPOLTTAN COUNCIL
MEARS PARK CENTER
230 EAST STH STREET
ST. PAUL, MINNESOTA SS101-1634
RE: Cornprehensive Guide Plan Amendment
Business Park: I-494/'TH 55/'TH 149 Area
Deaz Ms. Voge:
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TNOMAS fGAN
Mayor
PATRtCIA AWAaA
SHAWN HUN7ER
SANDRA A. MASIN
7HEOD(�RE WACHTER
CowaEl Members
THOMAS HEDGES
City Administratat
E. J. VAN OVERBEKE
City Cierk
At its March 4, 1996 meeting, the Eagan Gity Cauncil authorized transmittal of a Comprehensive
Guide Plan Amendment to the Metropolitan Cauncil for review and approval. This amendment
creates a new land use ca#eogory - BP (Business Park) and changes the land use designation af
235 acres (gross) of land located in northeast Eagan frorn CPD (Commercial Plannsd
Development) to BP to guide development of high quality mixed officelli,ght industria� uses.
�
Enclosed please find five copies each .of the required submission form, proposed amendment
{policies), and maps of the amendment. � As a rninor amendment with na impact ta metropolitan
systems, the City reques�s that the Metropolitan Coun.cil waive further reviaw after its initiat ten-
day review.
If you have questians regarding this submission, please ca.11 me at 681-4698.
Sincerely, �
�r
t
--.�..,�..
J ie Farnham
P anner
Enclasures
cc: City of Mendota Heights
Independent School District 196
MIiNECtPAt CENTER
383Q PIIOI KfV08 R(JAD
EAGAN, MINNESOTA 55122-1897
ANC?NE: (612} 68i-46�
FAX: (612) 681-4612
TDD:(612} 45A-8535
THE LONE OAKTREE
THE SYMBOL OF STRENGTH AND GROWTN IN OUR COMMUNITY
EquahOpportunity/At(irmaiive Actlon Employer
MAINTENANCE FACIUTY
3501 COACNMAN POINT
EAfi,AN. MiNNESOTA 55122
PHONE: (612) 681-4300
FAX: (6i2} d$t-436d
TDD: (612) 454-8535
�
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INFORMATION SUBMISSION FOR
MINOR COMPREHENSIVE PLAN AMENDMENTS
This summary worksheet must be filled out and submitted to the Metropolitan Council with a copy
of each proposed minor comprehensive plan am,endment Minor amendments include� but are not
limited to: .
�'
1. Changes to the future land use plan where the affected area is small or where the proposed
future land use will result in minor changes in metropolitan service demand.
2. Changes (land trades or additions) in the urban service area involving less than 40 acres.
3. Minor changes to plan goals and policies that do not change the overall thrust of the
comprehensive plan. �� `�
Please be as specific as possible; attach additional explanatory materials if necessary. If a staff
report was prepared for the Planning Commission or City Council, please attach it as well.
Communities submitting regular plan amendments may wish to enter this form or a reasonable
facsimile into their word processing menu for ease in preparation of the form.
Send plan amendments to: Lynda Voge, Refemals Coordinator
Metropolitan Council
Mears Park Centre
230 E. Fifth Street
St. Paul, MN 55101-1634
I. GENERAL INFORMATION
A. Sponsoring govemmental unit: City of Eagan
Name of local co�tact person: Julie Famham +� .
Address: 3830 Pilot Knob Road, Eagan, Minnesota 55122
Telephone: 681=4698
Name of Preparer (if different from contact person): same as contact
Date of Preparation: March 11, 1996
B. Name of Amendment: Business Park: I-494/TH 55/TH 149 Area
Description/Summary �
The amendment would 1) establish a nevV� land use category, BP (Business
Park) to guide development of high quality' mixed office/light industrial uses;
and 2) redesignate approximately 235 acres from CPD (Commercial Planned
Development) to BP {Business Park) located south of I-494, east of TH 55 and
west of TH 149.
The amendment is needed because the existing CPD designation does not
provide clear direction to guide future development. In addition, the projected
need for additional commercial deveiopment in fhe City is limited. According
to a Commercial Land Use Study the City completed in 1994, the current
suppiy of commercial land is greater than demand. The study acknowiedged
the vagueness of the CPD land use and recomrr�ended that areas;;with CPD
designation be re-categorized to reflect better defined and more appropriate
uses. �
.1 i •
The amendment was initi�ed by the City in response to a development
proposal for property on the north side of Blue Gentian Road. An amendment
was needed to accommodate the proposed development because it included
light industrial uses, rather than commercial uses. Given the vagueness of the
existing CPD designation and the limited need for additional major retail
development, the City thought it would be appropriate to re-examine tiie land
use in the entire "triangle" area in conjunction with the development request.
New policies are proposed as part of the amendment to the text of the City's
Comprehensive Guide .Plan. Five (5) polices are proposed to � guide
development in areas designated BP anywhere in the City. Four (4) policies
are proposed to guide the transition from existing uses to future BP uses
specific to this area. The City recognizes that it may take several years for this
area to redevelopment completely with BP uses. In the meantime, the
proposed area specific policies would indicate that it is the City's intent to allow
existing uses to remain, as conforming uses, until there is demand for more
comprehensive redevelopment. These policies are also intended to� guard
against piecemeal redevelopmentthat could result in furtherisolation of existing
uses. - �
C. Please attach the following:
1. Five copies of the proposed amendment.
2. A city-wide map showing the location of the proposed change.
3. The current plan map(s) indicating the area(s) affeFted by the
amendmen'f. I
4. The proposed plan map(s), indicating area(s) affected by the
amendment. �
SEE ATTACHED
D. What is the offlcial local status of the proposed amendment? (Check i ne or
more as appropriate.).
X Acted upon by planning commission (if applicable) on Februarv 27.
1996. . f
X Approved by goveming body, contingent upon Metropolitan Council
review, on March 4. 1996.
- Considered, but not approved by governing body on
. ' 'M I
, Other !
,
2
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E. indicate what adjacent local govemmental units and other jurisdictions (school
districts� watershed districts� etc.) affected by the change have been sent �
copies of the plan amendment� if any, and the date(s) copies were sent to
them. . .� ...
City of Mendota Heights s nt on March 12, 1996. �
ISD 196 - Independent School District #196 sent on March 12, 1996.
II. LAND USE
A. Describe the following, as appropriate: �
,
1. Size of affected area in acres: appro�imatelv`235 acres
2. Existing land use(s): sinqle familv residential, motel, office, industrial
3. Proposed land use(s): mixed office and liqht industrial (see attached
Area Sqecific policiesl
4. Number and type of residential dwelling units involved: 17 existinq
sinQle familv units
5. Proposed density: NA; additional residential is not proposed
6. Proposed square footage of commercial, industrial, or public buildings:
A_pendin4 development proposaf for 29 acres will include 258.036 s.f.
of office/warehouse develoqment. There are no other develoqment
proqosals at this time for the remainin4 206 acres.
III. METROPOLITAN DEVELOPMENT.�GUIDE
A. Population, Household and Employment Forecasts
Will the proposed amendment affect the city's population, household or
employmentforecasts for2000� orany additional local staging co��ained in the
original plan?
X No/Not applicable. _
Yes. Describe effec�
B. Changes to Urban Service Area Boundary
Will the proposed amendment require a change to the boundary of the
community's urban service area?
�i
X No/Not applicable. `'
Yes. Under I.C., a map should be attached to show the proposed
change. �
C. Changes to Timing and Staging of Urban Service Area
Will the proposed amendment require a change tp the timing and staging of �
development within the urban service area?
X No/Not applicable.
3
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Yes. Under I.C., a map should be attached to show the pro,posed
change. • . �
D. Wastewater Treatment �
.,, . I .. .
1. Wiil the proposed ar�ndment result in a change in the projected sewer
flows for the community? , `�
X No/Not applicable. �
. Yes. Indicate the expected change. 1
Total Year 2000/2010 flow for community
based on existing plan T miAion gallons/day
Total 2000/2010 flow for community i
based on plan amendment million gallons/day �
2. Ifyourcommunity discharges to more than one metropolitan interceptor,
indicate which interceptor will be affected by the amendment� Not
Aqplicable
3. Will flows be diverted from one interceptor service area to another?
^ X No/Not applicable.
� Yes. Indicate the change and volumes (mgd) involved.
E. Transportation � �
F.
1. Will the proposed amendment result in an increase in trip generation for
the affected,�area? �,,
X NoMot applicable.
Yes.� �Describe effect.
2. Does the proposed amendment contain any changes to the functional
classification of roadways? j
X No. . . �
Yes. Describe which roadways �
��
Aviation • �
Will the proposed amendment affect the function of a metropolitan airport orthe
compatibility of land uses with aircraft noise? i
I
X No/Not applicable. - . •
Yes. Describe effect. • . ' • .
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G. Recreation Opert Space
- t
V'1r11 the proposed amendment have an impact an e�s#ing or fufure federat;
state, ar regianal recreatio � f faciiities?
t
X No1Nat applicabEe.
Yes, Describe effect.
N. Nousing
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Wii! the proposed amendment affect the cammunity's abiiity or intent to achieve
the long-term gaals for !ow and maderate in�came and modest cast housmg
opportunities contained in the existing plan?
X NoMo# applicable.
Yes, Describe effect.
Water Resources
1. Does the pian amendment affect a Minnesota Department of Natura!
Resources or U.S. Army Corps af Engineers protected wetland? If yes,
describe type of wetland affected and shaw location on a map.
�
Yes.
X No.
The area contains Pond FP-1 which is identified on a map of State
protected wa#ers. Tfie pond is classified as a nutrient trap in the City's
Camprehensive S#ormwater�Management Plan. The (and,aise change
will not affec� the size or capacity af the e�cisting pond.
Will the wetiand be protected? , ".
X Yes. Describe haw.
Na. Describe why not.
AtE development in the area wilt be required ta provide on-site panding
to treat stormwater runaff priar #o discharge into Pond FP-1.
. �, �
3. Witl the ptan amendment resuit in ntnoffwhich affects ihe quality of any
surface water body? If yes, identify which ones,
4.
Yes.
X No.
Vllili the water body be pro#ec#ed?
Yes. Qesc,�ibe haw.
X No. Explain why rtot.
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tV. iMPLEMENTATIt3N PRt3GRAM
cpamend1.frm
A. Officiai Controis
Wift #he propased amendme,nt require a change to zoning, subdivision* �on-site
sewer ordinances or otherpffc�al contrals� I
, �
No/Not applicable, �
X Yes. Describe effect: A zoning amendment was approved by the City
Gouncit in con�unction with, and subject io this land use amendment
The zoning amendment includes the creation of a new zoning district -
BP Business Park - thatwauld be consistentwith the proposed land use
and various property rezonings, All curren#ly undeveloped property wilt
be zoned to be consistent with the proposed land use. Existing
residentia! and industrial uses wiii be zoned ta atlow ihem to remain as
conforming uses until there is demand for mare comprehensive
redevelopment. �
A preliminary subdivision (Robins 2nd Addiiion) and preliminary planned
development {Eagan Flagship Business Campus) were aiso approved
by the City Council in canjunction with, and subject ta ftnal approvat afi
this land use amendment The preliminary planned deveiopmen#
encompasses properties on the north and south side of Biue Gentian
Road intended to be developed as a unified business paric campus.
The preliminary subdivision consisis of faur tots an the north side af
Blue Genfian Road. These tats wi#h comprise Phase 'f af the planned
development. '
Large trac#s of land in #he "triangle" area are cu�rently undeveloped.
Properties that have been deveiaped cansisf mainiy af residentiai and
otder indusfrial or cammerciai uses. As such, subc#ivisiari ar re-
subdivision of property in the overali "triangle" area will take piace priar
to new development taking place. j
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COMPREHENSIVE GUIDE PLAN - LAND USE PLAN AMENDMENT
,
BUSINESS PARK (BP) LAND I�SE CATEGORY (CITYWIDE)
,
Background
The City is considering the creation of a new land use category, and conesponding zoning
district, to guide high quality mixed development that includes office, R& D and pure light
industrial uses. Current land use categories and corresponding zoning districts do not adequately
accommodate mixed developments that blend office, R& D and pure light industrial uses. As
such, the intent is to create a new land use category and corresponding zoning district to guide
the location and development of high quality mixed office/light industrial development.
The proposed Business Park land use category is intended to apply to the entire city and will
become part of the Comprehensive Guide Plan which will be updated over the next few yeazs.
Areas of the City that would be a}�propriate for this land use designation will be identified as part
of the update process.
General Description
The Business Park land use category is intended to accommodate a mix of office, reseazch, light
industrial and supporting commercial service uses. The intent is to promote higher density
office/light industrial �uses in attractive, unified developments. Development would be subject
to specific zoning and performance standards for building materials, signage and. landscaping to
ensure attractive and unified development and land use compatibility adjacent to residential or
commercial/retail development.
General Policies
The following policies are intended to apply to azeas designated ;for Business Pazk land use
anywhere in the City. These should be considered working policies as additional policies or
refinements of these working policies may be considered as part of the overall update to the
Comprehensive Guide Plan and Map required by 1998. However, subsequent policies or
refinements should not substantially alter the proposed direction of these interim policies. �
Policies:
1. The City will support Business Park development consisting of uses that are more labor
intensive than typical industrial development, including ofiice, reseazch, light industrial
and support commercial services. Low density uses, such as trucking operations and
outside storage would not be encouraged.
2. The Cifiy will support Business Pazk clevelopment that has a tax revenue to land area ratio �
higher than provided by typical industrial development. �
3. The City will encourage Business Pazk development in locations adjacent to major
roadways, with easy accessibility and a high degree of visibility, as well as locations
� i -
adjacent to commercial/retail/office development (e.g. Central Area; along I-494) ,
4. The City will support Business Park dev,elopment in azeas of at least six (6) acres to
ensure sufficient size to create an identi�able presence as a cohesive development with �
adequate space for aesthetic treatment. �
1'
5. Zoning classifications appropriate for the Business Park land use include Business Park
(proposed) and Research and Development.
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0
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C4MPREHENSNE GUIDE PLAN - LAND USE PLAN AMENDMENT
,
INTERIM LAND USE POLICIES SPECIFIC TO I-494/HWY 55 AREA
.�'
Background
This area, bound by I-494, TH 55 and TH 149, is guided for Commercial Planned Development
(CPD} and zoned for Pianned Deveiapment {PD}, except for the existing residences along Biue
Gentian which are zoned residential and agriculture. Due to lack o£ clea.r•policies in the existing
Comprehensive Guide Pian regarding CPD and the absence of a specific Planned Deveiopment
A�reement relative to the PD zaning, there is no cleaz direction for how or what types of
deveiapment shouid occur in the area. Much of the area was rezoned from I-I Light Industriai
to PD in the mid-1974s. The land use designation was changed to CPD in 1988 with the intent
that a planned development agreernent wouid be prepared for the area. Hawever, since no
specific development proposal emerged for the azea, no planned develapment agreement was ever
created. '
A Commercial Land Use Study campieted for the City in I994 concluded that the demand for
commercial develapment is lirnited, particulazly larger scale cornmercial develapment such as a
regionai shopping center, as previously envisioned for this area. The study aiso suggests that
areas with CPD designation be re-categorized to reflect better defined and mare apgropriate uses.
The City recently received a specific development propasal for praperty along Blue Gentian
Raad. The proposai is for a"business park" consisting of a mix of office and light industriai
uses. Since this is not a comrnercial development the land use designatian must be changed to
aliow the proposed use. Subsequently, the City is considering redesignation of this azea for
Business Park land use. ' � t
Given #he e}cisting mix af actual land uses, there is a need to develop policies specific ta the azea
ta guide the transition from existin$ uses to future business park uses. The City's intent is to
a21ow e�cisting residential uses to rernain, as conforrning uses, until there is demand for more
carnprehensive redevelapment. Subsequently, the zoning will remain inconsistent with the
Camprehensive Guide Plan until the azsa redevelops on a larger scale.
General Area Description
This area consists of a variet�y af existing land uses including single famiiy residential, motel,
o£fice and older industrial uses. There is also a significant annount of vacant land within the
"triangle". The area is adjacent to an interstate freeway and two State highways. As such, it has
gaad visibility and access. However, access to TH ,SS and TH 149 to accommodate new
development is subject ta approval by the Stats and may be Iimited to ensure safe circulation and
tra£fic flow. The "triangle" is located between existing alsier industrial uses and newer light
industriallresearch and development uses (The Wa#ers}. Future cievetopment shouid be
cornpatible with the existing adjacent uses. The area is subject to airport noise and potential high
volumes of truck traff c which reduce its desirahility for new residential development. This is
also a major entrance to the City. As such, an opportunity exists'to ensure that new development
in this area presents an attracrive entry image.
Area Specific Policies
The following working policies are intended/'to provide additional direction in reviewing
development projects within the azea bound by I-494, TH 55 and TH 149. These are intended
as interim policies to guide the transition from existing uses to future (Business Pazk) uses in this
area.
Policies:
1. The City expects the area bound by I-494, TH 55 and TH I49 to d"evelop and redevelop
over the next 10-20 years with business pazk uses. Existing residential and general
business/industrial uses aze considered transitional, but the timing of the transition to
business park uses should be a function of private mazket forces. The City will actively
encourage the transition to business park uses through its general marketing efforts and
consideration of potential future economic incentives.
2. The City will support the continuance of existing residential and general
businessrndustrial uses in the area until there is a strong indication of mazket support for
lazge scale redevelopment with business pazk uses. The City will support zoning of
property with existing residenrial uses to R-1 and zoning of properties with existing
general business/industrial uses to I-1 to allow them to exist as conforming uses until
redevelopment occurs. �
, ,�
3. In the future, the City will_ support rezoning to Business Pazk or compatible zoning
districts in areas of sufficient size to provide a cohesive development. The City will not
support rezoning that would result in piecemeal, lot-by-lot redevelopment or th�.t would
result in further isolation of exi�ting residential uses.
4. The City will strive to ensure new Business Park development does not negarively impact
existing residential properties through the development review process, including
enforcement of specific zoning standazds and performance guidelines.
Lt�CATICJN~ .
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CITY OF MENDOTA HEIGHTS
MEMO
March 19, 1996
,
TO: Mayor, City Council and Interim City Administrator�,,.
FROM: Lawrence E. Shaughnessy, Jr., Treasurer
SUBJECT: Turner Gymnastics' Request for Public Hearing on
the Issuance of IR Bonds
. •�
For several years, the Turner's Gym has provided a gymnastics center at
their facility on Lexington Avenue.
The attached letter details the history of Turners and goes into the problems
which they have been faced with. The Turner's new management has asked the
City to hold a public hearing on the proposed issuance of IR Bonds for the purpose
of refinancing the project.
Currently, as a taxable facility, the building is valued at 5553,100 with a
Tax Capacity of 523,843. The City share of the Tax Capacity after fiscal disparity
is about 17 percent or $1, 752.
The City by Resolution No. 79-10 charges a fee for the processing of IR
Bonds which is equal to 1 percent of the first $500,000 borrowed and %z of 1
percent on the next 52,000,000.
' �► : • : �
Discuss Turner's proposal, and if agreeable, call a public hearing for
April 19. -
LES:kkb
311 Ramsey Buildins 6122276559 P.02
MID'VV'EST HEALTHCARE CAPITAT.
Heaithcare 7ax-exempt Ftnanee Spedallscs
311 RAMSEY HILL
ST. PAUL, MINNESOTA 55102
(612) 292-8300
FAX (612) 2Z�•6559
To: Mayor Mertensotto
From: Steve Fenlon
Date: March 1 S, 1996
�te: Further informarion on thc Turner Gym
industrial development revenue bond
I apologize for my deiay in providing you with demographics on the Twin City 1'urners
Gymnastics Center ("TCTG"). I thought that I was to have that information available for
the City Council at our initial resolution mceting.
On behalf of TCTG, we are very grateful to the City of Mendota Heights for their
willingness to consider this request. As you know, the ongoing discussions with
Cherokee State Bank, witk� Dakota County, and w.ith you have been carr+ed out by parents
af students on a volunteer basis. We are hopeful that you can schedule our initial
resolution for your next city councii meeting on March 19, 199b. This sehedule wvuld
k�elg us coordinate the pubiic hearing with our travel plans.
Turners is a nanproft school of gymnastics that has served the childret� of aur
community for over 139 years. Prior to moving to Mendota Heights, Turner was housed
in a rundown firehouse on the West Side of St. Paul. At that time thcir �mnaslic�
program consisted of 150 students and 4 employees.
When the Turner Board decided to move and expand, it searched the entire Twin Gities
area, by studying the proximity of similar schools, and found Mendota Heights had the
greatest need for the programs it offered. With the help of the City of Mendota Hei�hts
and Cherokee State Bank, Turners built the finesc gymnastic facility in the five-state area.
The Turn,ers building was built under the misconception that being a nonprofit schovl
would automatical3y cause the property to be exempt frorn real estate taxation,
Accordingly, the board members neglected to follow up with Dakota County. The
subsequent $34,000 annual tax burden left Turners unable to make rz�ort�a�e payments.
Eventuaily, Chcrokee State $ank foreclosed on the facility, and TCTG liquidated under
Chapter 7. A new corparation was then forxned, and entered imo a m.onth to manth lea,5e
of the facility with Cherokee State Bank. The parents elected a ne�v board of directors,
which undertook a study of all elements o€ the TCTG operatian. A new business pian
was established calling far a 12% inerease in tuition and the crcation a£new prog�rams.
311 Ramsev Buildins 6122276559 P.03
AfteF a fuli yeaz' Of operation5, I am pl�ased to report tv you that the new TCTG has
successfully fulfill�d all of its commitments. We then approaclned Cherokee State Bank
expressing TCTG's desire ta purehase the buitding. Ghemkee State k3ank has be�n very
helpful and accommodaring ti�arough our discussions and negotaatzons, and we are very
satisfied with the finai terms and condi�ions.
In order to mak� this pur�hase feasible for TCTCs� W� II� I�£ 'hSSZStditG6 O� II1� CII}r O�
Mendota Hei,ghts in the issuan.ce af an irtdustcial rev�n+�e bond, Yvur non-recourse
garticipation wili cause oc�r contract for deed urit�Z Cherokee Sfiate Bank to be tax-
exempt, and vv�ll cause the int�est rate to essentially drop from 9% to 6%. In the first
year TCTG wilt save appro�cimat�ly $I8,00{} in imeresi rosts.
O�e might ask, why should th�e City h�lp Tura�ers? I believe that the reasons are
numerous.
in spite of past di#�culties, TG"fG°s gymnastic pra�ram has continued ta flowrish, a
di�ect testimony tv the need it serves in the comrnunity. TCTC curTent�y cznpioys 29 fuii
and part-taune empIoyees with an annual pa�roll in excess af. $2UO,OUO.
TCTG's enrollment has grown to include 560 students, 173, frozr� 10� diffe�'e.nt families,
reside i�r Mendo�a Heights. Anvthe� 200 sizide�rts came from Eagan and West St. Paul.
Alanb with a championship girls' prograrn, Turners offers one ofthe few boys' pro�rams
in the Tw�n Cities area. This progtam fi}�s 8 r�eed thax is magnifed by the Minnesota
State High School League deeision to drop boys' gymnastics a few years ago.
Tumers helps Iocai high scbool.s with equipm�nt and space pnroblero�s by renting, at
bargain rates, gym tim� for their teams to work out. Sibley, Simley, and Cretin-Derham
,Hait have participated to date. Turners also provides jwuor and se�nior progzams that
altaw hi,gk school gymnasts to wc►rk out in the affseason. In addition to youth
gymnastxcs, Twrners of.fezs adult workc�ut pxogarns and Tae Kwon Do classes.
Most importantly, Turners, throu�h its voiunteer manage�ent and fund-razsi.ng etTorts,
maintair�s a Teduced tuition and offers schalarships sa this gymnastics experience is
affvrdable and availab�e ta the majorzcy of the cheldren in this a�ea.
Please bcar in mind that the City's partieigation in tk�is fina�cin�; is on a non-recc3urse
basis, and thus you would have no morat or aegal oblig�tion ta regay the contract far deed
ws'xh Cherokec State Bara�. A,lso, ptease consider that TCTG has been owrzeritenant for
three years at the Lexington facility, and � trouble-free corpuxate citizen.
cc; Mike Raescher, DDS
�
Council Member o�ered the following rasolution and moved its
adoption:
RESOLUTION N0.
ITTITIAL RESOLUTION
RELATING TO A R�VLNU� NOTC
� � FINANCING FOR TWIN CITY TURNERS GYMNASTICS CENTER
CITY OF MENDOTA HEICiHTS, MINNESOTA (the "City")
WHEREAS, �rin City Tumers Oymn�.stics Centor, a Minnesota uonprofit corporation
(the "Corporation")� inteads to acquire aa �ppraxim�lely 13,700 square faot existing build'uig
locatod at 2500 Lexington Avenue Svuth in �he City to bc used for its exempt purposes (th�
"Project'�; and
WHEREAS, thc Corporation rcprescnts that lhe economic feasibility of undertaking the
Project will be greatly enhanc:eci thr+�ugh lhc issuauca of a rcvcuue notc Uy thc City and therofore
requests the City to declare its present intent to issue its revrnur nolc w provide fiuids for the
Project; and
WHEREAS, the City i� auQiorized to issu� its revenue note for such purpos� by
Minnesota Statutes, Sections 469.152 thr�ugh 469.165, � acncnd�d (�iic "Act");
N4W, TFiEREFORL, IIE Tf RESOLVED by the City Council of thc City of Mendota
Heights, Minnesota, as follows: .
�i41LL It is hereby declarod to be thc intcntion of thr Cily Councll of th� City of
Mendota. Heigh�s, Minnesota, to isstu a tevenuc: no�c �f thc Cily iu a princip�l a�uouut not to
exceed �600,000 for the purpose of financing the Project by acquiring the Pr�jrc� fur wuvayance
to the Corporation, and prelimintuy �pprc�val is hereby given �o th� notc issuc.
� The officers and emplayees of the City are her�by aulhoricec� to take such
further actioa as is ncccssary to cany out the intent and purpc,ses af �.his resolution. All details of
such revenue note issue and the pmvisions for paym�nt thereaf si�ll be subjec:� w final approval
of this Council. The reveaue note shall not cvnstituto x c:harge� licn or encumbra.ace, legal or
equitable, upon a.ay properly of the City, and the not�, wheu, as siid if issued, s1�all rccite in
substance that the note, including interest thereon, is payabte solely frc�m th� rcvCnucs receivod
from a rcvonue agreement with the Corpnrali�n and shall nc�t constitnte a debt of die City within
ih� mcariing of any constitudonal or statutory litnitation or a charge agair�t thc gcneral cr�dit or
ttu:ing powers of the City.
�,s��,,.�,, The City Council shalt hald a pubiic hcaring at 7:3U p.rn. cex�tral time o�i
Tuesday, April 16, 1996 �t the Council Chambcrs iii City Hall, I101 Victo,ria Curve, Mendut�.
H�ights. Miru��ac�ca, tv prcavide �n oppc�rtunity far interested individuais ta express their views on
thc proposcd issua of tlta note and lhe nature of the Prajcc� The City Clerk shall csuse a notfce
c�r pubiia hearing in substantiatly thc farm attached as Exhibit A to be pubIished in the officiai
newspap�r of Qtc Ci�y no fewer lhan fifteen {15) days before the heazing.
Adoptcd: Marcli 19, 199G.
Approved:
Mayor
Attcst:
City Clerk
EXHIBIT A
NOTICE OF A PUBLiC HEARING ON A PROPOSED PROJECT AND
THE ISSUANCE OF A REVENUE NOTE
CITY OI' MCNDOTA HEIC3HTS, MINNESOTA
NOTICE IS I3EREBY CiIYEN that tiic Ciry Coe�ncil of thc City of Mendota Heights,
Minnesota (die "City"), will meet at 7:30 p.m. central timc on Tl�esday, ApriI 16. 1996, at the
Council Chambers in the City Hall at 11Q1 Victoria Curve, Mendota Heights, Minnesnta fnr the
puipnse nf c:nndu�ting a public hearing �n a propc�sal that the City issue its Rev�nue Not�
(hcrcina�liCr lhc "nulc") undcr MiunCu�t� Strilulc�, S�c;liuu� 469.152 t�u�uugh 469.165, as
amended, in c�rder to finance, in whole or in part, the cnsts of � project. The propnsed prnjeci
will cc�nsist of lho acc�uisiciun of sn appmximal�ly 13,700 squure f�o� racisting building lc�caled al
2500 Lexington Avonue South in th� City (the "Project'7, w bo owned by T�vin City 1�rncrs
C3ymnt�cics Cenlcr, a Minnesntti n�nprc�Cl wrpt►raiion (the "Corporation"). 1'he estimated
a�resate princlpal acuount of the proposad not,c issu� is 5600,000. The not� shall be a limitcd
obligation of the City, and the noto and the interost thereon shali be payeblc solely from the
Corporation's revenues pledged to the payment thereof. No holder of the note shall ever have the
righl lo wmpel arty exenise of th� Ixxing pc�wer �f the Cily to pay lhe nole or the int�rasl
therc;on, nor ki enfone paymcnt against any property of th� Ciry, nor shall tlie same eons�itute a
dcbt of the City within the meaning of any constitutional or statutory limitations.
A draft copy of the proposed Application w t�e Iviinn�sota D�par�meut of Trad�. and
EConomic D�velupmen� for s�pproval �f lhe Prc�jec;l, t�gether with �sll �ttachments �nd exhibits
tliereto, is available for public inspdction gl thc o�c;c of thc Ciry Clerk in City Hall, bc:twc.-cn thc
haurs of 8:00 a.rri. and 4:30 p.m. Monday through rriday.
All persons interestcd may appaar and be h�;ard al thc tim� and place set forih �bo�� or
may file written comments with tlie City Cl�rk which shall bc considercd at thc public hearing.
BY ORDEiZ OF THE CITY COUNCIL
City Clerk
CiP:2716�2 v t
C
'�
1
Th� motion for adoption of thc forcgoing Rcsolution was duly sccondod by Council Member
� cnd, upon vote being taken theroon, tha following voted in favor
thereof:
and the follc�wing vuteci ngain�t thc samc:
a�id tlie follawing were absent or nbstained:
whereupon, the Resolution was dcclarcd duly passcd sad adoptcd and was approvcd and signrci
by thc Mayor and attestcd by th� City Clerk.
aP271632v1
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Four+oEa
o�ivin iRV�NE OODGE
BOARO <}F dlFiECTQRS
FAANK 8. 'IFFANY
PRESIOEMT
GINNV BUEI.I
INGR10 CONaN7
AtMA 6EFiAUF
KtMB£R�Y pOOGE
OlIV1A I. OODGE
THOMAS pqOGE
£t�ZABETtt S. OR�SCOtt
CIOVEii _AR�
ouvu C. �oao
Wt�{.IAM NUEG
tiOfiACE H tRv�NE, iii
R08ERT e7. MARTIN
CATttERiDtE, NtCtiQt,SON
TlMf3THY M. OBER
^ANIEI ?E4NIE
ORGE C. aOwER. �R
tN(£ F3ECpR0
nOBERT RICK
VICENTA O. SC�p1.ETT
HUGtt SC:tllLtiVG
sr�ver, -ovaeK
WILl.IAM W�$T
GRHGORv J. Lec
EXECUTivE c�iaecroa
.4��7",aGfJ�l�n?T .3
�ko�rr�s �rv�r�e �od�qe �ature ee�ter
1795 CHARLTCIN STREET
WEST SAINT PAU4., MlNNESOTA 551l8•3800
t6121 455•dS31
FAX 1612) 455•2575
3QJurie199S
Mark Leach
2853 Oregan Road
Fitchburg, WI 53713
Dear Mark:
Enclosed are nnaterials on aur 170 acre property for which the Vature Center
wishes to dec�elap a Biolagicai Plan. For each of the seven habitat types
proposed, I would like to ha�•e the following intormation:
i
3.
�.
6
7
8
The numbn.r af species per unit area relationships for each type of
proposed habitat, with a bibliography of the literature to document
�1dt {52@ r'�Jr�:
The estimated expense per acre of installing each type of cammunity;
The estimated expense per acre of'znaintaining each type of community,
svith speci£ic evaluatian of emphasizing fire mainta.i.ned communities
because of reduced ma.intenance costs;
Recammendations as to crhich community types should be adjacent to
each other far purposes of minimizing edge effects and reducing �
mainkenance costs, while enhancirtg aesthetic appeal and bzotogical
integrity;
Ti1e zzuniniurncritica! sizes required andlar recommendeci forbiological
viability and species di�•ersity;
Recommendations as to �� h ich of th e seelen cammunitv tvpes shauld be
eliminated, if any, from turther consideration;
A lis k of species recommended for each community type, s.r ith
bibliography of rele�•ant references;
A map showing recomm,ended size, shape and placennent of the
community iypes on the Preserve.
Please base your grice quotatzon for this graject on these 8 items.
I look Eorw�trd ko receiving c•our "bid."
Sincerelv,
i..,,� •,
. ' . . / -� ; � � :' i��' �
~ Giegory j, .. `:�-'1='-.
�e�=
� Recycted Paper
Leach and Bader
Mark Leach
2853 Oregon Road
Madison WI 53713
608-274-1452
Gregory Lee, Director
Thomas Irvine Dodge Nature Center
1795 Charlton Street
West Saint Paul MN 55118
Dear Greg Lee
Lilly Site Analysis
26 December 1995
Enclosed is a copy of the Lilly Preserve Site Analysis.
Please let us know if you have any comments or questions
regarding the report. I will be sending a bill shortly.
Brian Bader and I have gotten a good start on the next
portions of the biological restoration design. We hope to have
the finished document to you ahead of schedule. As we move into
the more�creative part of the work, we look forward to discussing
many of the options with you.
I hope every thing is going well for you. I'll be out of
town until the New Year, but hope to talk to you shortly after
that.
Cheers, ,
��/�� �� � C�• L�
6 GZ lr �-
Mark Leach
19
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Thomas Irvine Dodge Nature Center
Lilly Preserve Site Analysis
12/26/95
Prepared for the
- Thomas Irvine Dodge Nature Center
1795 Charlton Street, West Saint Paul, Minnesota 55118
by Mark Leach and Brian Bader
_ 2853 Oregon Road, Fitchburg, Wisconsin, 53713.
- 608-274-1452.
:
Leach and Bader Lilly Site Analysis
We wisited the Li11y Preserve of the Thomas Irvine Dadge
Nature Cen�er on actober 12, 1995 with the purpose of evaluating
existing conditions as a step toward writing a biological
restoration plan. The c. 170 acre site is si�uated i.n the
suburban community of Mendota Heights, Minnesota and is
sarrounded by residential areas. It is located within the sauth
1l2 af Section 25, T.28N., R.23.W. The narth edge of the.,
property borders State Trunk Highway No. 110, a divided four-lane
road. '
The Lilly Preserve represents a major opportunity for a high
quality ecological restoration. Our site anal.ysis revealed that
the land i.s in many ways well suited for both biologicall.y
interesting and aesthetically pleasing restoration. Dodge Na�ure
Center, under the executive directorship of Gregory Lee, is
committed to implement5.ng a long-�erm and challenging restoration
plan, and appears capab�e of acquiring the �esourc�s, personnel,
and community suppart �that will be required. The most seriaus
challenges to restoration we foresee are due to the site's
suburban location: restrictions on use of prescribed fire,
undesired inputs of plants and animals, and'altered stream flow
due to a highly altered upstream watershed.
In this report we describe the praperty's existing featur.es
as a preliminary step in designing apprapriate restoratians.
According to an early Land Office map (provided by G. Lee), which
depicts the vegetation of the area c. 1853, the property was
predominant].y oak savanna. our knowledge of regional vegetation
and its ecology, cambined with observations on site, leads us ta
agree that this was previously a fire-maintained savanna
landscape. Here on the border between the deciduous farest biome
to the north and east and the tail-grass prairie biome to the
south and west, the presettlement vegetatian was dynamic,
shifting with weather trends and fire frequency {Tester, 1995}.
The vegetation has been highly altered since settlement
tiunes. We found na plant species that indicate high quality
natural areas. Stated another way, we found no plants that are
remnant dependant (these are sometimes calZed "conservative"'
species [e.g., Swink and Wilhelm, 1994]). Indeed, the bulk of
existini� plants are either alien invaders or fairly weedy native
species.
Twa components found on the site are of particular interest
�or restoration. 1} The existing stands of mati�re oaks provide
exciting�opportunities for the res�oration of oak savanna
ecosystems. The groves of swamp white aaks (Quercus bicolor} are
particularly significant, as swamp white oak savannas with intact
2
Leach and Bader
Lilly Site Malysis
groundlayers are extremely rare and little understood communities
(Hujik, 1995). 2) Previous plantings of native prairie species
by Prairie Restorations, Inc. appear to be appropriately placed
and provide a head start for further restoration efforts.
The land within the project boundary is typical of much of
the glaciated upper Midwest, with a rolling topography and
scattered wetlands of a range of sizes. Soil information:.
provided in this report is from a soil map provided by G.��ee and
from SCS (1983). Our field observations, including spot samples
examined in the field using a 24 inch soil probe, confirmed the
general information of those sources. The soils range from sandy
loams to silt loams with soil permeability ranging from well-
drained to poorly drained with potential ponding (SCS, 1983).
Soil pH is slightly to strongly acid and the organic matter
content ranges from moderate to high (SCS, 1983). Topography
ranges from gently rolling (1-8$ slopes) to steep (8-15� slopes)
to very steep (15-25� slopes). We saw. nothing to suggest that
any soil manipulation is required prior to restoration plantings.
Previous farming practices, without doubt, altered the soil
structure and decreased the content of organic matter, but we do
not expect such alterations to hinder restoration efforts, and
may aid them by li.miting the growth of rapidly growing competitor
species.
A c. 10-acre pond and the stream that feeds it are important
hydrologic features. The largest wetland on site, found on the
western portion, will not be in.cluded in the biological
restoration plan and was not part of this site analysis. In
addition to the obvious hydrologic conditions, the stream and
pond provide natural fire hindrances, which, in a fire-prone
landscape, allow the development of tree dominated communities
(e.g. oak savanna, oak woodlands). �
The control of undesired species is often a major task in
establishing and maintain ecological restorations. On site,
there are several species that we expect to be problems. The
serious problem with purple loosestrife (Lythrum salicaria) is
already well known by the director. Other problems are buckthorn
(Rhamnus cathartica) and, to a lesser extent, non-native
honeysuckle (�onicera X bella, and perhaps other taxa). The
presen�e of other alien species concerns us, e.g. reed canary
grass (Phalaris arundinacea), smooth brome grass (Bromus
inermis); Norway maple (Acer platanoides), ornamental maple (Acer
sp., perhaps A. palmatum?), and Siberian elm (Ulmus pumi.Ia).
After initial eradication efforts, and as native vegetation
becomes established, most of these alien invaders should be
relatively easy to control with fire. Education and cooperation
with area residents are crucial steps toward,the elimination of
Leach and Bader Lilly Site Analysis
potential propagule sources for these and other harmful species.
The following broad vegetation types are described and
mapped (see attached map): (1) old field; (2) oak grove; (3)
lowland woods; (4) upland woods; (5)� stream, pond, and pond edge;
and (6) miscellaneous. Each vegetation type may contain several
subtypes: Each subtype is mapped and briefly described.
Because vegetation varies continuously, classification of
vegetation into types requires a trade-off between precision and
generalizability (Klijn 1994). These types and subtypes�ban
grade from one into another, and the vegetation within a map unit
may have various gradations of several vegetation types, hence,
these classifications are somewhat arbitrary and are
qualitatively, not quantitatively determined. Nonetheless, these
classifications should be more than adequate for our purposes.
Old Field
The site is dominated by former agricultural fields, which
have lain fallow for many years. For convenience we classify
four subtypes of old field vegetation: (1) herbaceous dominated;
(2) brush dominated; (3) prairie restoration; and (4) prairie
pothole. The distinction between herbaceous dominated and brush
dominated is not sharp and portions of one subtype may be very
similar to portions of the other.
Herbaceous Dominated
Herbaceous dominated old fields include areas OF-H-1 through
OF-H-S. These are species-poor fields dominated by the alien
smooth brome. Other alien grasses include bluegrass (Poa
compressa and P. pratensis), foxtail (Setaria spp.), timothy
(Phleum pratense), and quackgrass (Elytrigia repens). Typical
forb species include field thistle (Cirsium vu1 garis), goldenrods
(mostly Canada goldenrod (Solidago canadensisj and stiff
goldenrod (S. rigidaj), and asters (Aster spp.). We may think of
these areas as a set of blank canvases, as there are few, if any,
native plants worth preserving.
The topography is gently rolling, generally with slopes
rangin`g'�=from 1-8�. Soil types range from sandy loams to silt
loams. Soil types include Kingsley sandy loams (OF-H-1 and OF-H-
5), Jewett silt loam (OF-H-1), Quam silt loam (OF-H-2) and
Crystal Lake silt loam (OF-H-2, OF-H-3). These are generally
moderately well-drained to well-drained soils.
OF-H-1: Old field east of the stream ravine dominated by
smooth brome and typical old-field weeds. An earthen berm
�
Leach and Bader
Liiiy 8ite Analysis
screens a neighboring yard on the east property line that is
p3.anted to a nan-nati.ve ariental�maple (Acer paZmatum?},
this is the apparent source material for others iound
scattered within the project boundaries. This unit is
divided by a ridge (OF-B-2) into a narthern and a southern
section.
oF-H-2: Old field of smooth brome grass, Canada goldenrad
and stiff go3.denrod lying southwest a� the pond. A••few
eastern red cedars (Juniperis virgini.ana) are scatter�d
about. �
oF-x-3: This portion of the old fie].d is mawed. It is
dominated by smoo�h brome grass and to a].esser extent
Canada goldenrod.
OF-H-4: Another old field dominated by smooth brome grass
with abundant saplings af green ash. This area has a
problem with non-native thist].es (Cirsium vulgaris). A few
large cot�onwoods are on the hi31 top. The adjoining church
praperty is similar but has planted red pines.
OF-H-5: Smooth brome grass dominates. There are a few
scattered shrubs except tawards the west where there are
extensi.ve clones of grey dogwaod (Cornus racemosa) and
smooth sumac {Rhus gZa.bra }. Sap3.ings of Siberian elm and
slippery elm are scattered about. We saw very few farbs.
Old Fie1d-Brush Dominated
Brush dominated old fields include areas QF-B-I through OF-
8-6, These areas differ from the previaus section in that they
are more or less overgrown with wc�ady species. TypicaT native
woody species include slippery elm, green ash, box elder (Acer
negundo), brambles {Rubus spp,}, smoath sumac, and staghorn sumac
(Rhus typhina). Problem exotic species include Siberian elm,
buckthorn, and honeysnckle. The groundlayer is usually
dominated by smooth brome grass with Canada goldenrod.
These areas tend to be found an steeper slope� (to 25�} or
in areas•adjacent to waoded areas, or yards, where shrub
colQni��ation may occur quickly. They are generally found an �he
eastern part of the property. The soils tend to be sandy loams,
predominantly Kingsley sand Ioam. Silt Ioams {Auburndale silt
loamj occur in two areas (OF-B-3 and oF-B-6). Although the
Auburndale silt loam is described as poorly drained (SGS, 1483),
the remai:nder of the soils are generally weli drained to very
well drai.ned .
s
Leach and Bader
Lilly Site Analysis
OF-B-1: An old field east of the house yard (Y-1) with
small-diameter green ash, box elder, Siberian elm (small
enough that a spring fire should control them); smooth brome
grass sod with scattered stiff goldenrod.
oF-B-2: This east-west ridge divides the two portions of
old field (OF-H-1). There are cottonwoods (Populus
deltoides), clones of smooth sumac, and a groundlayer
dominated by smooth brome grass. There are a few tr�es that
apparently were planted as specimens including basswobd
(Ti1ia sp.), maple, and paper birch (Betula papyrifera).
Evidence that these were planted are the cages protecting
the lower trunk from rodents.
OF-B-3: This old field has been invaded by Siberian elm
(most < 3 m tall). It is adequately described as a smooth
brome/Canada goldenrod meadow with brambles.
OF-8-4: Old field dominated by smooth brome grass is
being invaded by slippery elm (Ulmus rubra), Siberian
elm, green ash (Fraxinus pennsylvanica), eastern red
cedar, and buckthorn.
OF-B-5: This knoll, which overlooks the southern end of the
pond, is dominated by dense clones of staghorn sumac and
smooth sumac. The groundlayer is smooth brome grass. The
knoll slopes fairly steeply to the pond.
•OF-B-6: Overgrown smooth brome/Canada.goldenrod field
occupying the west- and north-facing slopes east of the
pond. The site is being colonized with native trees
including black cherry (Prunus serotina), aspen (Populus
tremuloides), and slippery elm. Some large cottonwoods are
present. The brush appears to be of uneven age, with the
northern portion appearing youngest. On the most southern
portion, which is a brushy north-facing slope, there are a
few oak saplings. Native shrubs include blackberry (Rubus
aZlegheniensis) and sumac. Non-native species include
Siberian elm, honeysuckle, and buckthorn. Isolated patches
of reed canary grass are also present. There are some
native, but rather weedy, species found along the trail: hog
peanut (Amphicarpa bracteata), white avens (Geum canadense),
a`inulhly grass (Muhlenbergia frondosa forma commutata);
otherwise the ground layer is very sparse under the more
overgrown areas. A gentle wash-way could become an erosion
problem if the junk trees continue to suppress the
groundlayer.
6
�
Leach and Sader
Prai.rie Restoration
a
Lilly Site Analysis
OF--R: This 15-acre prairie restoration was plan�ed in 1991.
The soils are predomi.nantly sandy laams of the Kingsley-
Mahtomedi-Spencer complex and silt loams, with Kennebeck silt
loam, Auburndale silt loam, and Jewett silt loam. These soils
range from well drained {Kingsley-Mahtomedi-Spencer camplex and
Jewett si:lt loam) to poorly drained (Auburnda].e silt loam).'These
soils are ideal far mesic to wet-mesic prairie restaratiari.
The area is species poor and dominated by grasses;
essentially there are monocultures of either little bluestem
(Schizach�rium scoparium), big bluestem {Andropogon gerardii}, or
indiangrass (Sorgastrum nu�ans), with variable amaunts of smoath
brome grass. A few other desired species are present in low
densities: blue vervain {Verbena strieta}, bush clover (Lespedeza
capitata), black-eyed susan (Rudbeckia hirta), fragrant giant
hyssop {Agastache foenicuZum}, sky blue aster (As�er
oolentangiensisj, ox-eye sunflawer (Heliopsis helianthoides),
yellaw coneflower tRatibida ginnata}l gray goldenrod (SoZidago
nemoralis}, shawy galdenrod {S. speciosa}, stiff galdenrod, and
bergamot (Monarda fistu.iosa). The last two species were not
planted {re: seed ma.x supplied by G. Lee, copy attached}. The
plantings did better on the higher, better drained portions of
the hills and essentially failed in the lower, paorly drained
areas that are now dominated by reed canary grass and Canada
goldenrocl. The grairie plant.ings, although of .limited success,
are appropriately placed and provide a foundation for future
restoration work.
This area is on rolling hi11s with good views overlooking
the south. These hills praved an effective barrier bla�king
Highway 110 both visually and from noise. From certain places
viewers within the preserve can see same of the upper branches of
large oaks in the yards of houses north of the highway.
Prairie Pothole
Located within the prairie restoration area are several wet
pockets�on pcaorly drained soil. These wetlands are readily
identifi;able by the presence af reed canary grass. One area {W-
6) has cattails (Typha sp.) and standing wa�er; the others lack
cattails•and are anly periodically flooded. Similar wet pockets
are found in the highway right-Qf-way and are described la�er.
W-l: A wet pocket along the highway right-of-way is
dominated by reed canary grass. Old wooden poles running
parallel to the highway need to be considered in fire
Leach and Bader
planning.
Survey and
Lee.
Lilly Site Analysis
Their location is indicated on the Dakota County
Land Information Department map provided by G.
W-2: This larger pothole is dominated by cattails with an
upland transition dominated by reed canary grass.
W-6: This moist area lies partly within the Highway 110
right-of-way. Aspen and grey dogwood screen the highway.
Willow (Salix sp.) is also present. Reed canary gras� and
Canada goldenrod dominate the groundlayer. •
W: Six additional areas, all dominated by reed canary
grass, are indicated on the map, including one area south of
the pond.
Oak Groves
There are four oak groves of note. The key feature of these
areas is the presence of large, open-grown oaks and/or the �
presence of oak regeneration and the presence of other native
species.
U�per Stream
� This area is found in the upper to mid reaches of the
stream. It is marked by the presence of large, open-grown swamp
white oaks. The soil type is Colo silt loam. Colo silt loams
are poorly drained, found on flood plains and in the lower part
of drainageways (SCS, 1983). Soils and vegetation indicate this
area is sometimes flooded. •
G-1: The swamp white oak grove on the knoll and slopes
overlooking the stream is the major vegetation feature.
The swamp white oaks are mostly 25 to 60 cm dbh (diameter at
breast height). The understory is mostly composed of box
elder (7 to 15 cm dbh) and buckthorn (mostly less than 1 m
tall). Uncontrolled, these understory plants will become a
serious threat to restoration and erosion control efforts.
Some native prickly gooseberry (Ribes cynosbati) is present.
The herb layer was very sparse. This area needs to be
surveyed in spring as it is possible that the spring flora
is interesting, although we could find no signs that this is
so. However, since most native herbaceous species that we
might expect in this situation are summer to late summer
species, it seems very likely that the ground layer is
indeed species poor, as we suspect. An old fence line near
s
Leach and 8ader
�_
Lilly Site Ana2ysis
the east edge of this unit may once have prevented cattle
fram grazing here.
Canopy over the stream {S-1} and associated slopes
•- -- include large swamp white oaks, few northern hackberry
trees {Ce.Ztis occiden�aZis}r box elderl slippery elm,
buckthorn, and honeysuckle. Near the highway right-of-
way there are also large non-native crack wil.lows.
� Black oak (Quercus ve.lut%na ), bur oak (Q. ,�`�
macrocarpa) saplings, and a large clane of smoath sumac
farm the transitian from the swamp white oak grove to
the old field (oF-H-1} to the east.
G-2: Steep east-soath-easterly slope south of the house
with invading slippery elm, Siberian elm, green ash, box.
elder, bur oak and black oak. The ground layer is again
dominated by the smooth bramelCanada goldenrod association
with some stiff �oldenrod. The sails in this area are
Kingsley sand loam.
G-3. This moist area lies between the bottom of slope G-2
and the creek. The focal points are l�arge open grown swamp
white oaks {80 cm dbh). 4thers on the edge of the s�ope
leading dawn ta the creek have 65 cm dbh. The vegetation is
domina�ed by invading box elder, Siberian elm, and some
honeysuckle, with a ground layer of reed canary grass.
Sauth West Slapes
This oak grove lying on a southwest-facing slape is marked
by the presence of 3.arge, apen-grown bur oaks. The soi3s are
Kingsley sand loams with 15-25� slopes.
G-4: A grove of large bur oaks grow an this westerly and
south-westerly facing slope. They are invaded by an
understory of box elder and Sa.berian elm. The graund layer
is sparse with scattered white snakeroot (Eupator.z�urr
rugosum}. An o2d fence through the middle of the area
�running north--south) should be removed iar safety of burn
c�-�ws. Some trees have wire wrapped around their trunks,
which should be removed for the health of the trees. In
places removal of non-oak trees wauld open canopy upwards of
50 percent. This slope has been used as a dump, thus
portions o� the slope are littered with rusty cans, metal,
braken glass, etc.
G-5: This small area on the upper slope within the oak
9
�
Leach and Bader
�
Lilly Site Analysis
groves contains a small pocket of dry-savanna/prairie
vegetation that is in poor condition. Common species
include side oats grama (Bouteloua curtipendula), smooth
sumac, prairie thistle (Cirsium discolor), smooth brome
grass, stiff goldenrod, and wild lettuce (Lactuca -
canadensis).
G-6: This area could be a continuation of G-5, but is much
more overgrown and few native species were evident.••..There
are open grown bur and black oaks with aspen invading:
Beaver have cleared the area of some aspen; a few mature
aspen survive. The groundlayer is rank with smooth sumac,
wild rose (Rosa sp.) and redtop (Agrostis gigantea).
G-7: Slope to pond. Grove of black oak and swamp white
oak. The understory is dominated by thickets of
honeysuckle, buckthorn, red raspberry (Rubus idaeus).
Someone has cut many buckthorn stems, but these were
apparently not treated with herbicide and have resprouted.
North East of the Pond
These oak groves occur on the slopes and shore areas north
and east of the pond. The soils are predominantly the well-
drained Kingsley sandy loams. '
G-8: Scattered large bur oak with white oak (Quercus alba)
and smaller black oak, some mature aspen, and an understory
of alien.and fire-intolerant species are found west�of the
cottage on westerly slope. Dogwoods and other shrubs screen
the cottage from the existing trail.
G-9: This slope overlooks the north shore of the pond.
Large open-grown bur oak and smaller black oak indicate this
as another potential savanna area. Some buckthorn is
present. The groundlayer is typical smooth brome
grass/Canada goldenrod association. Bergamot occurs toward
the western portion of this area.
G-10: This old field area is invaded by trees including
some oaks. It is mesic grading into moist shoreline (PS-3).
T�e ground layer is another typical smooth brome
gr`ass/Canada goldenrod association.
G-11: This small area adjacent to the stream delta (L-3)is
brushy with youngish black oak. The ground layer includes
American germander (Teucrium canadense var virginicurrt),
Muhly grass (Muhlenbergia frondosa forma commutata), and
Virginia wild rye (Elymus virginicus).
io
.
Leach and Bader
�- Oak Woadland
�..
Lilly Site Rnalysis
G-12: This area wes�. of the church property lies on a
south-facing slope, grading into the large wetland. Bur oaks are
found an the slopes wit�h aspen on the low ground. Buckthorn and
honeysuckle form scattered thickets. There is some Pennsylvania
sedge (Carex pensyZvanica) and sweet cicely (Osmorhiza claytanii)
present, both native oak woodland species.
Lowland Woods
The waoded lowland areas are restricted to the southeast of
the pond in the overflow drainage area and the lower stream and
del.ta areas .
L-i; This area appears to flood regularly from pond
overflow. It features an open canopy of cottonwaods with a
ground layer of reed canary grass.
L-2: The northern po�rtion of this area is a slippery elm
thicket with green ash, plus an understory o� buckthorn.
Missouri gooseberry (Ribes missouriensis) is present. There
are few groundlayer plants, including pockets of Virginia
wi1.d rye and white avens. The thicket gradually opens up
toward the south, where there is a more open canopy and
large cottonwoods. The ground layer is mostly reed canary
grass. .
L-3: This opening adjacent to the stream contains nathing
but reed canary grass. The st'ream itself is much slower
than it is abave (see S-2 and S-3). Near the stream are
larqe cott�anwaods and black aaks. Their are alsa�large non-
native crack willows and buckthorn. Green ash and an aspen
clone are also present. The area is dominated by crack
willow (Sa1ix fragilis or a cross with S. alba) and reed
canary grass.' Where the stream becames braided i.nto its
delta �there are clones of big-tooth sunflower (Helianthus
grossesera�us). Purple loosestrife is comman along the
gond shore. Much of this area is prabably sometimes dry
eriough to burn .
Upland Woods
These upland areas are dominated by alien or fire-in�tolerant
native trees, al.though some.oaks are also present. These are
apparently oId fields b�t are much fur�her along in succession
i�
Leach and Bader
`
Lilly Site Analysis
toward woodland than areas mapped as old fields (OF). They are
located southeast of the pond and the cottage.
UW-1: This wooded area near the driveway to the cottage is
dominated by Norway maple, with black oak.
UW-2: Slippery elm thicket, with buckthorn understory.
UW-3: This northeast-facing slope is a nearly i.mpenetrable
thicket of buckthorn, honeysuckle, with a super-canopy of
aspen (15 - 20 cm dbh).
Stream, Pond, and Pond Edge
A small stream flows along a nearly straight course south
from.the�Highway 110 right-of-way c. 1800 ft to where it joins a
large pond. Changes in upstream cover, from oak savanna to
modern residential, are assumed to have increased both peak flow
and overall flow. Within the project boundary, the uppermost
reach of the stream is relatively steep, and has cut a c. 20 ft
deep ravine. Lower portions of the stream have less drop and the
flow is gentler. Eroded materials from the upper stream are
deposited along the lower stream and into the pond.
The approxiunately 10-acre pond is maintained by a water
control structure at its outlet on its north-west edge. There is
also a fence along that edge to aid in the control of beaver.
The pond occasionally overflows, especially to the south. The
vegetation along the pond edge appears to vary with shade/sun and
disturbance history. Purple loosestrife grows all around the
pond. The stream units are not indicated on the map.
S-l: The upper most�portion of the stream has cut a
narrow steep-sided ravine through what is now a swamp
white oak grove (G-1). The stream falls c. 20 ft in
480 ft (4� slope). Here the stream bed is rocky with
large glacial cobbles and some concrete junk. Many
logs lie across the steam. There is some bank slippage
along the eroding edges of the tight meanders. In this
situation attempts to change the slope, one of a
str•eam's most conservative traits, would be
impracticable. Natural erosion processes are expected
on such slopes, but we assume levels of erosion are
higher than normal due to increased peak flow pulses
cau�ed by the suburbanization of the upstream
watershed. Ideally, water retention basins further
upstream (e.g., in the Highway 110 right-of-way) would
greatly ease the problem. Within the site, stream
iz
�
Leach and Bader
velocity could be decreased by inareasing bed
roughness.
Lilly Site Analysis
S-2:� Compared to S-1, here �Ghe slope becomes
increasingly more gentle {2 to 3�} as it appraaches
the pond and there is room laterally for the channel to
lengthen its meanders. The pebble and gravel sizer and
hence the coefficient of friction, is much lower tha��
abaqe, also. Eroded material fram up stream is �'�
deposited two ft above the channel bed on terraces
during flaod events. The vegetation is described abave
under L-3.
S-3: The stream flattens considerably and becames braided
near the pond, forming a broad delta. The vegetation is
described above under L-3.
Pond: �Shallow water areas lack emergent and floating
macrophytes, Submerged plants, particularly an
unidentifiable pondweed (Fotamoge�um sp.), are
abundant.
PS-1z This south shore is sunny with clones of presumably
native willows (Salix spp.), although we could not determine
the species. This area grades into open field (OF-H-2}.
PS-2: The share here is shaded. Herbs present include reed
canary grass, cl.earweed {PiZea pumiZa}, enchanters �
nightshade (Circaea �u�etiana), Cyperus sp., New England
aster {As�e�-novae-ang.Zii), and an alien smartweed
(Polyganum cespitosum). This area grades inta the oak grove
{G6 and G7). .
pS-3; The north shore is mastly sunny, dominated by crack
willow and reed canary grass. Purple loasestrife is common.
Miscellaneous
Planteci Pines
P-l: P2anting of red pine {presumahly Finus resinosa} , naw
3 - 4 m ta1.1.
P-2: Pi.nes (< I m ta11;
westerly faci.ng slope of
aspen are comman on hill
Pinus sp.) recently plan�ed on this
this sandy hill. Smooth sumac and
tap. The transi�.ion to unit UW--2
13
�
Leach and Bader
� _
�
Lilly Site Analysis
contains ninebark (Physocarpus opulifolius), grey dogwood,
and�Canada hawkweed (Hieracium canadence).
Highway 110 Ricrht-of-WaX
The right-of-way along Highway 110 is generally low lying
and dominated by reed canary grass. In part, there is an
overhead line with old, highly-weathered wooden poles. For
safety reasons, smoke management near the highway during ��
prescribed burns is a serious concern. Two wet pockets also
dominated by reed canary grass are similar to those described as
prairie potholes (W). These areas are not indicated on the map.
Yards
This highway right-of-way is grassy and mowed near the
pavement. The road surface itself can serve as a fire
break. There were no fire hydrants on this side of the
road. There is a wet pocket along the highway r/w dominated
by reed canary grass with Russian olive trees (Elaeagnus
angustifolia). The hills just south of the highway block
most of the views in and out of the preserve.
Y-1: Mowed yard around house. Several large trees
including green ash and Siberian elm are the apparent source
trees for tree invasion of adjacent old fields (e.g., OF-B-
1, OF-B-3).
Y-2: This mowed yard has nice specimen trees, especially
�the oaks on the south and east. Under these and elsewhere
in the yard are large buckthorn trees. Other trees include
blue spruce (Picea sp.), scotch pine (Pinus sylvestris),
silver maple (Acer saccharinum) and elm.
Y-3: The yard to the cottage was not surveyed.
ia
.
i
Leach and Bader
Literatare Cited.
�
Liily Site Analysis
Gleasan, H.A., and A Cronquist. 1991. Manual of vascular
plants of northeastern United States and adjacent
Canada (Second�Edition). The New York Botanical
Garden, New York. 910 pp.
Hujikr P,M. 1995. Lowland savannas: groundlayer compasition
and distribution in relation to elevation and light.•.,
M.S. Thesis �Land Resourcesj, University of Wisconsinr
Madisan. 24 pp + ap. -
Klijt2r F. {ed.} I994. Ecosystem Classification for
Environmental Management. Kluwer Academic Publishers.
Dordrecht, The Netherlands. 293 pp. .
SCS (Soil Conservation Service). 1983. Soil Survey of Dakota
County Minnesata.
Swink, F., and G. Wilhel.m.
Region (4th Edition).
Indi.anapolis. 921 pp.
1994. Plants of the Chicago
Indiana Academy of Science,
Tester, J.R. 1995. Minnesota�s Natural. xeritage. University
of Minnesota Press, Minneapol.is. 332 pp.
is
Leach and Bader
Plant names used in text.
Lilly Site Analysis
Plant names are listed alphabetically by scientific name.
Nomenclature follows Gleason and Cronquist {1991). An asterisk
"*" located before the common name indicates an alien species.
Most plants were identified in the field with only a few
specimens collected for later examination. We feel the accuracy
of our identifications is very good and well-suited for o�r
purposes. Collections of each species for verification in'��an
herbarium might slightly increase accuracy, but would be �•
prohibitively costly.
Box elder {Acer negundo)
Silver maple (Acer saccharinum)
*Ornamental maple (Acer sp., perhaps A. paZmatum)
*Norway maple (Acer platanoides)
Fragrant giant hyssop (Agastache foeniculum)
- xRed top (Agrastis gigantea)
Hog peanut (Amphicarpaea bracteata)
Big bluestem (Andropogon gerardii)
New England aster (Aster novae-anglii)
Sky blue aster (Aster oolentangiensis, syn = A. azureus)
Aster (Aster spp.)
Paper birch (Betula papyrifera)
Side oats grama (Bouteloua curtipendula)
*Smooth brome grass (Bromus inermis)
Pennsylvania sedge (Carex pensylvanica)
Northern hackberry (Celtis occidentalis)
Enchanter's nightshade (Circaea lutetiana)
Prairie thistle (Cirsium discolor)
*Field thistle �(Cirsium vulgaris)
Grey dogwood (Cornus racemosa)
A cyperus (Cyperus sp.) '
*Russian olive (Elaeagnus angustifolia)
Virginia wild rye (Elymus virginicus)
*Quack grass (Elytrigia repens, syn. = Agropyron r.)
White snakeroot (Eupatorium rugosum)
White avens (Geum canadense)
Green ash (Fraxinus pennsylvanica)
Big-toothed sunflower (Heli.anthus grosseserratus)
Ox-eye sunflower (Heliopsis helianthoides)
Canada'�awkweed (Hieracium canadence)
Eastern red cedar (�Tuniperis virginiana)
Wild lettuce (Lactuca canadensis)
Bush Clover (Lespedeza capitata)
*Honeysuckle (Lonicera X bella, and perhaps others)
*Purple loosestrife (Lythrum saZicaria)
Bergamot (Monarda fistulosa)
Muhly grass (Muhlenhergia frondosa; the ones we examined
16
Leach and Bader
Lil2y Site Analysis
were farma commutata)
Sweet cicely (Dsmorhiza claytani.i)
*Reed canary grass {Phalaris arundinacea)
*Ti.mothy grass {PhZeum pratense)
Ninebark (Physocarpus opuZifolius)
Blue spruce {Picea sp.}
Clear weed (Pilea pumila)
Red pine (Finus resinosa}, native to region� but probahly
not native to the site.
*Scotch pine (Pinus sylvestris} �',
*Bluegrass {Poa compressa and P. pratense)
*A smartweed (Polygonum cespitosum)
Cottanwood {PopuZus deZtoidesj �
Aspen (PopuZus tremuloides)
Pondweed {Fotamogeton sp.}
Black cherry (Prunus sero�ina)
White oak (Quercus alba}
Swamp white oak (Qraercus bicoZar}
Bur oak {Quercus macrocarpa)
Black oak {Quereus veZutina)
Yellow cone�lower (Ratibida pinnata)
*Buckthorn {Rhamnus catha.rtiea}
Smooth sumac (.Rhus glabra ) '
Staghorn sumac {Riius �yphina}
Prickly gooseberry (Ribes cynasba�i)
Missouri gooseberry (Ribes missouriensis}
Wiid rose (Rosa sp.}
Blackberry (Rubus allegheniensis)
Red raspberry {Rubus ideaus, syn. = R. strigosus}
Brambles (Rubus spp.) '
*Crack willow {SaZix fragiZis or a cross with S. a.Zba} _
Willow (Sa1ix sp.; presumably native, but not possible ta
name with much certainty.)
Little bluestem (Schi2achytium scoparium, syn. = Andropogon
scoparius)
*Foxtail {Setar.ia spg.}
Canada goldenrod (SoZidago canadensis)
Gray goldenrod {Solidago ne�a.�aZis}
StiEf goldenrod (Solidago rigida)
Indian grass {Sorgast�-um nutans}
American germander (Teucrium canadense var virginicum)
Cattail (Typha sp.}
Basswood (�'iZia sp.; apparently p3anted, so species in question}
*Siberian e1m (presumably U1mus pumila)
Sli.ppery or red elm { U.Zmus rubra )
Blue vervain (Verbena stricta)
i�
. j
��, .
1�� �.�� ,.
�' , �}� �_,
� PRAIRIE GRASS AND GIILDFLOS�ER SEED USE]� AT
r�
` � f
THE LILLY PRLSERVE FOR 15 ACRES OF RESTORED PRAIRIE - PLANTED IN 199I
Grass seed:
36 lbs. PLS Short and genexal.ly dry mix:
Includes�'40x Little bluestem,L35z Side aats grama
and 25� Blue grama by PLS weight. �:,
1!5 ].bs. PLS Mixed height or mesic mix:
Includes 35Z Big bluesCem, £�52 LiCtle bl.uestem, 10� Side
oats grama, g:SZ Canada wi3d rye,'2.5� Switch and 257.
Indian grass by PLS weight.
10 lbs. PLS Tall grass wet mix:
In�ludes�-45X Big bluestem, �Y4� Canada wild rye,
'� 15% Switch grass,t�.OX Indian grass and 20�
Cord grass by PLS weight,
WiI.dElower seed:
5 oz.
�--11 oz.
10 oz.
I2 oz.
�20 oz.
5 oz.
22 oz.
40 oz.
3Q oz.
10 oz.
l.20 oz.
�'2 oz.
31. aZ.
1 oz.
S QZ.
�5• az.
6 oz.
�..41 oz .
.
�.1�0 az .
LS oz.
30 oz.
"-5 oz .
6 oz.
. .� � ,
..i .+ :. �r �-•s
Yarrow (Achil].ea miliefolium}
Fragrant giant hyssop (Agastache £oeniculum)
Leadplant (Amorpha canescens) -
BuCterfl� weed (Asciepias tuberosa}
Azure aster (Aster azureus)
Heath aster (Aster ericaides)
New England aster {Aster navae-angliae)
Stiff tickseed (Coreopsis palmata)
Joe-gye (Eupatorium maculatum)
Boneset (Eupatarium perfaliatum}
Common ox-eye (Heliapsis helianChoides}
Bush clover {Lespedeza capiCata)
Tali, hlazi.n�g star (Liatris pycnostachya)
Showy penstemon (Penstemon grandiElorus)
Purple prairie clover (Petalostemum'purpureum)
Xellaw coneflower (ita[ibida pinnata)
Prairie rose (Rosa arkansana}
Black-eyed susan (Rudbeckia hirCa)
Gray goldenrad (Salidaga nemaralis}
Showy goldenrod (Solidago speciosa)
Blue vervain (Verbena hastata)
Hoary vervain (Verbena stricCa}
Golden alexander (Zizia aurea)
�Y
�
Leach and Bader
Map to existing vegetation.
Lilly Site Malysis
The attached map indicates the locations discussed in the
text. The areas were hand drawn on a color Xerox of an infrared
aerial photograph taken on the morning of October 11, 1994. In
some cases map lines indicate sharp transitions, in other cases
the transition are gradual and the placement of lines is somewhat
arbitrary. -
Legend to vegetation types. See text for more detail.
G(Oak Grove) Areas with open-grown oaks.
L (Lowland Woods)
trees.
Moist areas supporting lowland
OF-B (Old-field brushy) Old-field vegetation with a
substantial growth of brush.
OF-H (Old-field herbaceous) Old-field vegetation
generally dominated by alien grasses.'
oF-R (Old-field prairie planting) Old-fields planted
to prairie species in 1991; in places dominated by
native grasses or reed canary grass.
P(Pine plantings) Old fields planted with pines.
PS (Pond shore) The pond shore.
UW (Upland Woods) Former old fields that are .
dominated by alien or fire-intolerant native trees.
W(Wet--prairie potholes) Small poorly drained
wetland found within old fields; typically dominated by
reed canary grass.
Y
(Yards) Mowed yards around dwellings.
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2354 Pagel Road
Mendo#a Heights, MN 55120
February 20, 1996
Michael Dwyer, Chair
Mendota Hei,ghts Plannimg Comrnission
I �.OI V1CtOric�. Cill V6
Mendota Heights, MN 55118
Dear Mr. Dwyer:
lRRM Ptu irr rws�..i � i aes rs.� i
I am a resident af Mendata Heights. I received a letter today from the Docige Nature
Center asking me to oppose the current construction plan far the senior citizen housing
pxoject. I?odge Nature Center is cancerned w�ith the obstructian of sightlines from the
wild areas in the Lilly Preserve property. I too am concemed about the sightlines, but I
am mare concerned with the proposed locatian of the building.
I have been follov+ring t��is project for sometime. I have read the articles in the Sun-
Current and I have wat�hed the council meetings on cable TV. I had always assumed that
the senior housing projeci woiild l� locate,ci.. as close as feas'r6ie to the shoPPing center. �n.
fact I asswned it would start in the raugh area where the banfires aze held and procede
East and Sauth from there. I don't believe t�at any vf the newspaper articies ever included
a map that shawed. the proposed location an top the the hill behind the banlc,
I often use the trail that nuns over that hill for walking, skiing, an.d biking to the shapping
center. I ha.ve also seen iats of chitdren walking and biking on the traii. it is a nice safe
way to get from Fnendly Hills to the shopping center. There is a beautifixl view to the east
and North from #he top of that little hill. I can't believe t.ha� this useful trail would be
destroyed at a time when Mendota Heights and lots o£other cities are txying to increase
the number of urban trails.
Another reason against building an tap af the hill. is #hat it wauld mean residents would
bave to walk (or wheelchair) a sevexe grade to� get to (and from) the shapping center.
The gra.de wauld become a severe problem during the winter. It wouid be much better to
build the building at the same grade level as th� shopping center.
If the ground floor of the building was. built at the gzade of the shopging center, the third
flaor wouid be at about the grade of the top of the hill, Access could be made from the
third floor of the builciing via. a pedestrian bridge, or possible part of the building cauld be
buiit right into the hill. Has a partially earth sheltered buildin� been consideied?
It seems to me that putting the building on the top of the hill gives a nice view to abaut 40
residents of Mendota Heights, but takes that view away from the rest of the city's
residents. The scenic views from the Dodge Nature Center would also be diminished.
/ �� �
l %r ` +III i
Brace D. Becker
Catharine B. Clapp
985 Delaware Ave.
Mendota Heights, MN 55118
February 23, 1996
Michael Dwyer, Chair
Mendota Heights Planning Commission
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mr. Dwyer:
I am writing to let you and the planning commission know of my concern and
objections to the Dakota County HRA senior housing project as currently
proposed for the land next to the Dodge Nature Center's Lilly property.
�':
The current scope of the project will irretrievably harm the uniqueness of the ..
adjacent property. I have hiked on the Lilly trails and enjoy experiencing a piece
of Mendota Heights that I used to see every weekend as a child all across the
area. 'This is one of the last pieces of property with hills, wetlands, prairie, trees,
and a beautiful, peaceful view.
I understand Dodge has plans for the Lilly property which include planting
native species. A view of a 65-unit housing project would ruin the wildness of the
land.
I urge you to not approve the HRA proposal for now. A senior housing project
somewhere on that land is a great idea and was fine until the plans changed.
Please work with the HRA to conform to the original plans—a 40 unit building
screened by trees and bushes. The screening would only be possible on a lower
elevation somewhere else on the site than where currently planned.
Sincerely,
, -
����
Ca arine Clapp
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February 22, 1996
Mendota Heights Planning Commission
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Re: Dakota County HRA Senior Housing Project
Dear Sir/Madam:
We are writing to express our concern regarding the Dakota County Housing and Redevelopment
Association's proposed 65 unit senior housing project (the "Project") cunently being considered
for the site located on the western edge of the Dodge Nature Center property located in
Mendota Heights (the "Lilly Preserve"). While we are not opposed to the Project, we are
concernerl regarding the impact of the Project as currently proposed on the Lilly Preserve.
It is our understanding that the HRA represented to the Dodge Nature Center in April, 1995 that
the Project would contain 40 rental units, would be located on the western edge of the site
currently being considered and would be landscaped to shield the building from the view of
individuals visiting the Lilly Preserve. It is my understanding that the Project has now been
expanded to include 65 units, has been located on the eastern edge of the proposed site and that
the landscaping previously discussed will not be included in the Project. It is these changes and
the impact they have on the Lilly Preserve which have caused us to write to you to express our
opposition to these changes.
In our view, the Lilly Preserve is one of the jewels of our community, providing not only an
urban open space but also a very valuable educational tool and asset for our community. The
Dodge Nature Center has been a good neighbor to all of Mendota's residents, talcing into
consideration the community's needs and desires in connection with all of their acdvities. It
seems only fair that the community would return the favor.
As residents of Mendota Heights and supporters of the Dodge Nature Center, it is our strong
recommendation that the Planning Commission reject the Project as cunently proposed. Instead,
we would strongly urge the Planning Commission and the City of Mendota Heights to require
that the Project take into consideration the needs and requirements of the Dotlge Nature Center
by relocating and/or redesigning the structure to the western edge of the proposed site and
shielding the Project from the Dadge Nature Center through planting on the hill located on the
eastern edge of the proposed site.
`
Mendota Heights Planning Commission
February 22, 1996
Page 2
In addition, the Dodge Nature Center has expended time, money and effort to prepare a
biological plan for the Lilly Preserve. It is our understanding that this plan will be available by
April 1 of this year. It seems reasonable to await the completion of this report prior to final
approval of the Project, to take into consideration any environmental impact, planning, etc.
which may become apparent from the report.
We would also like to inquire whether or not any environmental impact study or assessment has
been completed with respect to this Project. Given its proximity to a wetland, it would seem
that such a study or assessment would be appropriate. If so, does the Project as currently
proposed comply with any requirements, concerns, etc. raised in such study or assessment? We
would appreciate having the opportunity to review the assessment or receiving a copy of the
study.
We want to emphasize that we do not oppose the Project itself. A senior housing project of this
type has our support. In fact, it appears that there may be many mutual benefits to both the
residents of the Project and the Dodge Nature Center through a variety of cooperative programs, _
etc. '
Our objections are limited solely to the building's location, the lack of screening of the building
from the Dodge Nature Center and the lack of consideration for the biological and environmental
impact of the Project on the Lilly Preserve. The Dodge Nature Center should be treated as any
other neighbor and should be given the consideration that we would extend to any other resident
with property adjacent to a project such as this.
As the Project moves forward, we would ask that a representative of the Dodge Nature Center
be kept informed in the process and be allowed to participate in the planning. We enjoy a truly
unique asset in our community with the presence of the Lilly Preserve. We encourage you to
recognize and consider this in your consideration of this Project.
Sincerely,
��-oz�y
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Dear Mr. Dwyer,
�e..bk,u.�c,�c� ��, I q G b
I am writing on behalf of the people signed on this petition. We
wish to express our concern and opposition to the Dakota Co. HRA
senior housing project as presently proposed fpr the land adjacent
to the Dodge Nature C�nt�r.
We urg� the Planning Commission to insist that HRA conform to their
ori�inal 40 unit size building and work at making this construction
compatible to the surrounding environment.
We would like to see the Planning Commission hold off approval of
any HRA proposal until the Dodge Nature Center can pr�sent a biological
plan for the �i11y Preserve presently scheduled for completion
by April 1, 1996.
We represent the teachers and staff of Visitation School in
Mendota Heights. We have witnessed first hand that Dodge Nature Center
is one of our students "best friend ". Mendota Heights has a"JEkTEL"
in Dodge Nature Center and we encourage you to keep it flawless.
• Thankyou Kindly,
��. �►. +{��,h
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9ea�r 1�. West
695 We�rtwort�r �Ivehtie West
/tilehdota �leig�itt5, /Vli�r�resota 55118
20 February 1996
Michael Dwyer, Chair
Mendota Heights Planning Commission
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mr. Dwyer:
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ay,
As a resident of Mendota Heights and a member of the Dodge Nature Center for more
than fifteen years, I am writing to express my concern for the proposed Dakota County
HRA senior housing project on the land immediately adjacent to the Dodge Nature
Center property located in Mendota Heights. This concern arises from the scope of the
project being greatly increased and from the apparent lack of privacy to be afforded to
the school children and other visitors to the Dodge Nature Center. As I understand,
the newly proposed building would be located on the western boundary of the Dodge
Nature Center, with full view of approximately 30% of the Lilly Preserve and would
contain 65 units, instead of the original 40 units.
In a time when man is encroaching upon nature to such a degree in our urban areas,
think it is a shame that more care can not be taken to preserve what little natural
habitat we have left, especially at the Dodge Nature Center which is so heavily used
by school children. Therefore, I strongly urge you to take action at your February 27
meeting and return the scope of the Dakota County HRA senior housing project to its
original size and less obtrusive location.
Thank you.
Sincerely,
� ��'�
ean V. West
y�g�a G�. �'�u
7 Da�satt ,�ead
'�lurdotct'r�ilqkt.a. 7KIZ 551t8
February 21, I99b
IVfichaet Dwyer, Chair
Mendata Heights Planning Cammission
City of Mendota Heights
1 i�l Victoria Curve
MendotaHeights, MN SSI18
Dear Mr. Dwyer,
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This Ietter is written to oppose the plan ta build a senior citizen housing project on the
border of the Dodge Nature Center (DNC).
The reason I am opposed ta the project is because no precautions are being taken to
minimize the visual impact it will have on the adjacent DNC hiking trails. To be perfectly
blunt, this is very short-sighted. The DNC property is one of those rare green spaces that
residents of Mendata Heights value so highly. It is important to consider the future of
Mendota Heights and the effect green spaces will have on the quality of life in our area.
As undeveloped land gets scarcer, it gets more valuable, and thus must be carefully tended
to with an eye to future planning. Mendota Heights properties will be considered that
much more valuable if there are undeveloped natural areas in the vicinity. We must take
care of our green sgaces riow,
The DNC property ander questian is currently used by thoasands of students for bialogy
study and by private residents far hiking and nature studies. There are future plans for the
praperty that include the possi6ility af it becoming an abaretum specializing in native ptant
species, It is very irnpartant that yau realize that this senior citizen buiiding will adversety
impact the experience far att involved. Before giving this praject your btanket approval,
please consider:
I. Lacation of buildin�. If it is possible to locate this building so as to have the
least visible impact on the L1NC property, then ptease do so.
2. Screenin�, if visibitity ofthe buitding from the DNC trails is unavoidable, then
year round vegetative screening, such as evergreen trees, must be planted,
3. Ap�earance of buildin�. Shape of building, exterior building materials, and
color of building shouid be pianned so the building will blend into the surrounding
landscape.
��y�
�
Michael Dwyer, Chair
Mendota Neights Planning Commission
City of Mendota Heights
11 Q 1 Victoria Curve
Mendota Heights, MN 551 18
Dear Mr. Dwyer,
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We are writing to express ot�r �oppositian to the expansion of the
praposed 4Q rentaf units for seniors to 65 units. We �eel that the
increased impact on Dodge Nature Center cannot be justified. Nor do we
feel that any of the roads in the area can handle such an increase of
traffic caused by the additio�a! residents and the services they will
employ.
Sincerely,
G� ���� ��- G�
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February 21, 1996
Michael Dwyer, Chair
Mendota Heights Planning Commission
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mr. Dwyer:
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I have just been informed about the proposed 65 unit senior citizen
housing project on the western boundary of the Dodge Nature Center's
Lilly Preserve property. This proposal is troubling to me as a
teacher-naturalist and the master bird bander at the nature center. While
aesthetically this project would have a detrimental effect in teaching
children about the wonder of nature, it could alsa impact on our summer
resident bird population. I understand the original proposal was in
keeping with the mission of the nature center, which in turn is in keeping
with the ambiance of Mendota Heights itself.
I urge the Planning Commission to turn down the 65 unit proposaf.
5incerely,
� � � �, �
�� �
Molly M. Henke
2431 Angell Road
Sunfish Lake, MN 55118
�, �
COOPERATION AGREEMENT
THIS AGREEMENT entered into this lAfih
between The Dako�a County Housing
(herein called the "Authority"� and
(herein called the "Municipality"};
December
day of 3�c�msk�, 1995, by and
and Redevelopment Autharity
the City of Mendota Heights
WHEF2EAS, the Authority has recammended a senior housing project to
the Municipality and has requested the Municipality to identify an
acceptable site ior the Authority to build a seniar hausing
development; and
WHEREAS, the City Cauncii has forwarded the following site ta the
Authority for consideration:
Approximately 5 acres near the southeast quadrant of Dodd Road
and State Highway 1.10, east af Plaza Drive in the existing i�N
Dot Right-of-Way.
WITNESSETH:
In consideration af the mutual cavenants hereinafter set forth, the
par�ies hereto do agree as follows:
1. Whenever used in this Agreement:
(a) The term "Project" shall mean a rental housing
development af up to 40 units for low or moderate income
persons with a family member aged 55 or alder and up ta
25 � units for persons with a family member aged 55 and
alder with an incom� limit to be determined by the
Autharity herea�ter develaped or acquired by the
Autharity pursuant to Minnesota Statutes, Section
469.027. This exclude�, however,-any rental housing
project developed ar acquired by the Authority with
financial assistance af the United States�of America
acting through the Secretary of Housing and Urban
Deve2opment (t'HUD"} and excluding any rental housing
project covered by any contract for loans and annual
contributions entered into between the Autharity and IiUD,
or its predecessor agencies.
(b} The term "Taxing Body" shall mean the State or any
palitical subdivision of taxing unit thereof in which a
Project is situated and which would have authority to
assess or levy real or personal praperty taxe� or to
certify such �axes to a taxing body or public officer ta
be levied for its use and benefit with respect to a
Project if it were nat exempt from taxation.
c) The term "Shelter Rent" sha11 mean the total rental
income far a Praject less any charge far utilities and
special services such as heat, water, electricity, gas,
sewage disposa2 or garbage remaval,
�
� 2. The Authori�y shall endeavor to develop or acquire and
administer a Project iocated within the corporate lima.ts af
the Municipality containing, in the aggregate, appraximately
65 rental units. The obligations of the parties hereto shalZ
apply to the Praject.
3. Pursuant to Minnesota Statu�es, Sectian 469.040:
(a} the project shall be exempt far all taxes of the
Municipality, Dakota Caunty, the State of Minnesota ar
any political subdivision thereof, provided, however that
when any obligations issued by the Autharity to assist in
financing the development of a Project have been retired,
then the exemptions from taxes sha21. terminate and;
provided further, that the Authority hereby agrees to pay
when due any special assessments Ievied for impravements
benefitting the praperty; and
(b) notwithstanding the provision set forth in (a) above,
after the Project has become occupied, either ix� whale ar
in part, and hefore the Autharity retires any abligations
issued by it to as�ist in financing such Project, the
Authority shal]. file with the property as�essor, on or
before May 1 af each year, a statement of aggregate
shelter rentals of that praject calleated during the
preaeding aalendar year; and fibe percent (5�) of such
rentals (but in any event not exceeding the amount which
wouid be payable in taxes if the Praject were not exempt
from taxatian) sha11 be charged to the Authority and
collected fram it as a service charge for the services
and facilita.es to be furnished with respect to that
Project, coll.ected in the manner pravided by law far the
assessment and collection of taxes. The amount so
collected shall be distributed to the severa3 taxing
bodies in such proportians as the tax rate of each bears
to the total tax rate of those taxing bodies that would
be 3.evied against such Project if i� wer� nat� exempt from
�axation.
4. During the period commencirig with the date o�' the.acquisition
af an� part o� th� site of the Project and continuing so long
a� any bonds issued in connection with suah Projeat remain
unpaid, the Municipality without cost or charge to the
Authority or the tenants of such Project (other than the
payments set forth in 3 above) shall:
(a) Furnish or cause to be furnished to the Authority and the
tenants of such Project public services and facilities
(such a� police and fire services; but not including
heat, water, electricity, street lights, gas, sewage
disposal, storm sewer or garbage removai} of the same
character and to the same extent as are furnished fram
time to time without cost or charge ta ather dwellings
and inhabitants in the Municipality;
2
(b� Vacate such streets, roads, and.alleys within the area of
such Project as may be necessary in the develapment
thereof, and convey without charge to the Authority such
interest as the Municipality may have in suah e�tpense �o
the Authority or to �he Municipality, cause �o be removed
from such vacated areas, in so far as it may be
necessary, aIl public or private utility lines and
eguipment;
(c) Zn so far a� the Municipality may lawfully do so, will
cansider making such changes in any zoning af the site
and surrounding territory of such Project as are
reasonable and necessary for the develapm�nt and
protection af such Project;
(d} Accept grants af easements necessary for the development
af such Project; and
(e) Gooperate with the Authority by such other lawful action
or ways as the Municipality and the Authority may find
necessary or convenient in connection with the
development and administratian of such Project.
5. In respect ta the Project, the Municipality further agrees
that within a reasanable time after receipt af a written
request therefore from the Authority, it will provide, or
cause to be provided, water mains, and storm and sanitary
sewer mains, leading to such Project and �erving the bounding
streets thereof {in consideration whereof the Authority shall
pay to the Municipality such amount as would be assessed
against the Project site far such work if such site were
privataly owned}. .
6. No Coaperation Agreement heretofore entered znta between the
Municipality and �he Autharity sha11 be canstrued to apply ta
a Project covered by this Agreement.
7. No member of the governing bady of the Municipality or any
o�her public official of the Municipality wha exeroises any
responsibilities or functions with respect to the Project
during his tanure or far one year thereafter shall have any
interest, direct or indirect, in the Project or any property
included or planned to be included in the Project, ar any
contracts in connectian with such Project or property. If any
such governing body member or such other public official o�
the Municipality involuntarily acquires or had acquired prior
to the beginning of his tenure of any such interest, he shall
immediately disclose such interest to the Authority.
8. This Agreement sha21 nat be abrogated, changed, or modified
without the written consent of the parties hereto. The
privi3eges and abligatians of the Municipality hereunder shail
remain in fuil force and effect with respect ta the Projeat so
long as the beneficial title of such Projec� is held by the
.� Authority.
!�
3
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� ,' IT WITNESS WHEREOF the Municipality and the Authority have
respectively signed this Agreement and caused their seals to be
affixed and attested as of the day and year first above written.
(s��
�itt�st :
: l t�7�%.�a...� , J i �i.MLr�-n��
( ity Clerk)
( SEAI,)
At�esic:
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( Secreta,r, y )�
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CITY OF MENDOTA HEIGHTS
��..,,.� �. ��.,...�--.z�s`'
(Mayor)
�R.tn��
(City Administrator)
THE DAKOTA COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY
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CITY OF MENDOTA HEIGHTS
M► 1�► �i7
March 27, 1996
TO: Mayor, City Council and Interim Ci � strator
FROM: Patrick C. Hollister, Administrative Intern PH
SUBJECT: Mendota Homes
Case No. 96-07
Discussion
Carmen Tuminelly and 7ohn Mathern have proposed an eight-lot subdivision on their
property abutting Highway 35E. (Please see attached materials.) The property is
currently platted for four lots.
During the public hearing conducted by the Planning Commission at their March 26, 1996
meeting, several neighbors objected to the proposal. Some of the main objections to this
proposal on the part of the Commission and the neighbors were:
Traftic. This proposal has the effect of linking one cul-de-sac to another cul-de-sac,
making an exceptionally long cul-de-sac. Much of the length of this access road is of
substandard design. The Planning Commission anticipates that traffic and safety
problems would result from this situation.
2. Lot shapes. While all eight lots meet the minimum 15,000 square foot lot size, some
of the lots, particularly lots 2, 3, and 5, have rather unusual shapes. This will probably
make them less desirable.
3. "Double Variance." Commissioner Tilsen pointed out that Mendota Homes'
requests for variances to both the width of the street right-of-way and the front-yard
setbacks for lots 2 and 3 in effect constitute a request for a"double variance".
4. Hardship. The Commission found that the City had approved this property as a four-
lot subdivision and felt that this is still an appropriate designation. Mendota Homes
failed to convince the Commission that a hardship existed under the current
subdivision that necessitated a new subdivision arrangement.
1
Recommendation
At the Planning Commission's regularly scheduled meeting on March 26, 1996,
Commissioner Lorberbaum moved to recommend that the City Council deny the requested
Subdivision/Preliminary Plat, Front Yard Setback Variance, Lot Width Variance, and
Street Right-of-Way Variance. Commissioner Duggan seconded the motion. The motion
passed on a 5-0 vote.
Action Required
If the Council wishes to implement the Planning Commission's recommendation of denial,
the Council should direct Staff to prepare a Resolution denying the application.
�
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� 1�� O�
,�, jj,�� - 1��enda�a Hei�hts
March 27, 199b
Mendota Homes
Attn: John Mathern
Bax 416
Foarest Lake, Mn 55025
Mr.lViathern:
At the Planning Commission's regularly scheduled meeting on March 26, 1996,
Co�r�missioner Lorberbaum moved to recammend that the City Council deny the requested
Subdivision/Preliminary Plat, Front Yard S�tback Variance, and Lat �dth Variance.
Commissioner Duggan secanded the motion. The motion passed on a 5-0 vote.
The Carnmission found that the City had appraved this property as a faur-1ot subdivision
an.d felt that this is still an apprapriate designatian.
Your application will now be cansidered by the City Council at their regulaxly scheduled
meeting on April 2, 199b. �
Thank you.
/ 1 t .�/�',,,
Patrick C. Hollister
Administrative Intern
1.1Q1 Victaria Curve • 1Vi,endota Heights, N�IY • 55118 �52 � 185Q
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PLANN�NG REPC7RT
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DA?E : . . . . . . . . . . . . . . . . . . . . . . . . . . . Ma�ch 26, I996
Ct�S�No : ............................. g�-a7
APFUCANT : . . . . . . . . . . . . . . . . . . .1Vt«�dota xo�s, I�cc.
���r,ITi'1GiLi • • • • • • � r • • � • • • . • • � • • • s • �viiL{liRi 1{Wiii�i�
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R�t1EST: ... Subdivision Appn�vaVPneeliminary Pia� varian�
f� S�roet Width, Front Yard Sckbac7�
andLat Width Variancc �
PREPARED BY : . . . . . . . . . . . . . . . . . . . . . . C. John.Uban
Carmen Tuminally platted pnwia�sly four Iots off of a cul-dc-sac
callod Carn�ea L�e �t t�is progeriy {Cas� No. 95 30). Tbat ptat
accewimcKiated the pre�t h� an ti�e sit� and required minimat
pubic improvemGats, Freviously, Mr.� 1'lumiaelly wi#h Mcndota
Hoomes, had submitted aa appli�a to the City ta plaa„�_�___hwne
d���g� an. t3�e pra�cxty. 'T�at appli�tian was n�ot appr�rved, and
so faur s�mg�e fiazu`�y 1'ais � p2attad. Mr. T �Iiy was not
suco�l in �ling th:ase la� sia�lc fam�Y lots imd John Mathan
of M�adotx H:am�es is �zow pmposing d�rve;Iopmart af st:u�dard eigbt
lots oa an �a�ded cul-das�c to crcate lots thmt u+e 1s,000 squane
fset m s'�. T;� k►t siu manc n+rarly matches thc Iats ofthe adjaoent
subdivision to thc n�th,
Sm�oc the last Pla� the higi�way dePartm�,at bas changod their ramp to
�- I 3SE from Staie �ighway 2 i0. This has maved the travcled gartian
- of tia� ram� fiutixc �way fram ths sou�hwest com�x of th+c T�minclly
P��3, • -
Z1u previaus plat had variau�c�s for flag tots which cx#cnded front
yard setbacks fiirtt�er into the sito to aawmmodate the lot width
�PP�P� f.c� b�� T1� P�P� ��on allows for
m� efficia��tots to match tiu sife. The ptan alsa contemplates the
r •
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CASE No. 96-07
M�2CH 2O.1996. PAGE 2
...................
SUBDMSION ........
Cu��-sAc
moving of the existing home to Lot 8 ia thc southwest vorna of thc
�evelopm�k That lwme is p�osed to have a 30-foot setback to the
frontage road just as Lots 1, 2, and 3 are proposed to have 30-foot
setbacks to State I�ighway 110 aad I 35E. All puimetu setbacks
meet the R 1 code requirements.
Tbis request before the Planning Cammissioa requires a public
hearing.
The pmpaty oonsists of 3.49 acres with pmposod lots c�taining
15,000 squane foet ar m,o�+e. The eigi�t lots are coaSiguc�ed araund a
cul-do-sac callod Carmen Couct vvhich exta�ds off of thc H'ighwaY
110 fmntage road. The develapment to tl�e n�orth did n�t pmvidc
aooess to ti�is prapaty and tha+e is no aPP�P� ac�siaai of the
road oti�er ti�an to create a cul-�sac osi the prapaty. Since ti�e
propaty is auin�mded oa two sides by state and federal highwaY, n�
otha� �ooess point is ava�abk. The cul-dasac is a little ova 400-feet
in leagth as meas�ued f� t�e fr�age rn�d. T7�e frontage road itself
is not a thmugh road and scrvcs scvaal o�hha homts and cvcntually
is the cambined outl� far the Crowa Pointe subdivision as well.
TREES AND GRADEs The submittod plans show all of the existiag tras oa the site and
indicate �vhic� troas will be removod. The paim�a troes will be
nplaced and some are proposc�i to be moved an the site vv��a+e
possi'ble. A Grading Plan is also shown which iaal�ides silt f�eacing
and tra protection fencin� T1� s�7t fe.�ce shauld also be eact�nded
along the east perimcter of the properiy to prota� the yard from mry
grading runo�E
UTIUTIES � Ut�ities eadst on and aroimd the site and will.be usod to savia tht
individuallotx. Bxause o�t�e P�s P� �� �tY �
and paitians of ti�e rigi�t-0f-way need to be vacate� with that old plat.
� ff this plat is approvod, t�e City Camc� will neod to h:old a public
heacing to vacate ti�e old plat and right-of-way. This does n�t psrseat
�Y Problem with the propose� Utility Plan.
Lot width dimensions a�+e missing on Lots 4 and 2 and should be
added to oamplet� the re�inod mfacmatian. Also, a side yand setback
is missing aa Lot 3. These nne mina and do not aff�ect the ability to
neview the pla� The plat is dimensioned showing the nced for
varianxs on Lots 2, 3, and 6.
LOT SETBACKS The l�ots as dimensioned show 100-foot width at some point on eaeh
, of t�e lots. Several lots are configured such that tl�e width dia�nsion
is firther badc than ti�e 30-foot fi�nt yazd whe,re the width is normally
CasE No. 96-07
M�vzcH 20. 1996, PAGE 3
...................
VARIAR!CE
FOR ROAD WIDTH . . . . .
VARIANCE FOR
FRONT YARD SETBACK . .
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measured. Lot 6 is a flag lot similar to the lots previousty approved
with a 100-foot lot dimension about 60-feet back from the pmposed
street. This p�vides a housing pad that lines up with the adjacent
yards. Lots 2 aad 3 wrap around th�c ard of the cul-dc-sac �ducing
the ava�7able building ama, thus requiring a variance far a front yard
setback
In order to meet the minimum 15,000 squarc feet, Lot 5 has a tail
extending adjaceut to Lot 6 that is not usable but platted to obtain
15,OQ0 square feet. Under normal plat�in� this particular
configuration would not be prudenk An adjustment to the property
line bciwaa Lots S and 6 sl�ould be soug�t to betta c�figure the
kis. I believe it w�ild be better to hav�e a s�nall adjustmeat in the size
af ti�e lot, buk with a mone sbraig�tfacvvard lot line between Lots 5 and
6.
Tlae applicant is requesting a variance for width of the road right-of-
way from the required 60-fcet to a SS-foot wide. This has beea
granted in other subdivisions in the City where low �raffic volua�
are Gx�cted in �al se.ttings. Eight homes will exeate about 80
� P� �Y� which is minimal. Additioaal easemeuts are proposed
for extension of utilities within the subdivision which are not
dependant upon the use of the right-of-way onty. The normal street
section is proposed to be placed within the 55 foot right-of-way.
The applicant is requesting a 20-foot front yard setback for Lots 2
and 3. T!� applicants narrafive requests thsse variances but does not
give a descriptive rational explaining hardship or practical difficulty
fac these � vanances. If thue had bcen the ability to connect
the road through to another access point on the inte�state ramp then
thae varianoes would not be neaded The wide t�unaround of the cul
de-sac shortens the depth of these two lots and creates the condition
where the variances are being requestod. If this werc a tAwnh:ousc
development, a private drive could be cxeated that would
accommodate fire and safety vefiicle t�unaround but would not nced
the pmposeri varia�es. A�anmodatiYng a single family development
in this corner between the interstate and the state highway creates
inefficiencies and difliculties in the layout of typical lots.
m
CASE No. 96-07
MARCH 20, 1996� PAGE 4
...................
VARIANCE FOR A
FLAG LOT . . . . . . . . .
Lot 6 is pnoposed to have a flag lot portion connxting to the Carmen
Court cul-dasac before the lot widens out to the normal width
required for a single family lot. Thc lot is oversiud with 15,828
squac�e feet m�d w�l allow Ea a�its that is in line with the homes
planned for the adjacent lots.
SUMMARY . : . . . . . . . .
Flag lots have beeu approved in the past as a method of �fficiently
using the land by placing the home farther back on the property with
a long driveway avoessing the public road over a naaow portion of
�c lo� The minimum portion of the proposed flag lat is 37-feet
which is wide enough to provide a drivevvsy with sn:ow storage,
la�dscaping and mail box at the right-of-way linc. Most of the othes
lots in the subdivisian have an accx.ss of 100-fcet at the right-of-way
line.
ff st� access were available to the north, a road alignmeut straight
�ugi� the properiy would allow the platting of these lots in a more
regular formation. Since no additional axess is available to the
pr�iy, the pmposad oaafiguratio� nquires a flag lot to maintain an
effic�eat lotting pa� The flag portion of t�e lat is actually shorter
thaa what had bcen approved as a flag lot in the pnwious plat
Because the properiy is suimunded by State I�ighway 110 and
Interstate Highway 35E with no� other access opporbunity from
adjacent properties, a certain degree of difficulty will be found in
efficieutly plat�ing the property for single fam�y lots. The mquested
varianoes for f�t yard setbacks,flag lot, and a nacmwer street right-
of-way are conditions found on the interior of the proposed
subdivisioa The o�y effect will be oa the lots and the homes that are
built within the subdivisioa All perimeter setbacks are maintained
along the adjacent properties. This platting matchcs the general
platting foand in the Crown Pointe neighborhood aad places similar
uses adjacent to the neig�boring P�P�Y
The traffiic fmm tea single famity ho�es is approximately equal to the
tr�c from twelve townhomes and represents normal residential
- - _ traffic that one would find being generated from a 3.5 acre
subdivision.
ACTION . .. . . . . . . . .
Hold a public hearing and make a recommendation to the City
Cou�cil pu the proposed eight lot residential subdivision, 10-foot
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CASE No. 96-07
MARCH 2O,1996, PAGE 5
...................
RECOMMENDATIONS . . .
front yard varian:ce for Lots 2 and'3, flag lot varian�ce fo� Lot 6, and
S-foot stroct right-of-way variance for Carmen Court,
1. Lots 2 aad 3 to hav�e spo�ifically desig�ed ham�.s to minimize the
amoimt of bu�7ding cx�ading b�y�and the n�ma130.f�oot front
yard setback These two lats sha�ld also have good Paimeta'
landscaping to buffex the ho�es and yards fram the vrtastate
35E and Tnmk H'ighway 110.
2. Ra,aafigure t�e pmpaty lin� bdwvar Lats S and 6 to eliminate
the tail on Lot 5.
3. S�t fwciag and otha erosion controls to be placxd along the
east,an prnpaiy limits.
4. fft�e plat is �pgxnved, the City C� shAuld hold a l�earing oa
the vacatioa of previous plat including right-of-way and utility
easea�nts.
�IT�Y �F �E�DOTA �I�I�HTS �
�•�
Cas� I�`o. 9�-{�7 NQ� ��
xu� 1•_zao� ."�'�'.o�fa »,a�
�
1 March, 1996
Mendota Homes, Inc.
P.O. Box 416
Forest Lake, MN 55025
City of Mendota Heights
1101 Victoria Curve .
Mendota Heights, MN •55118
Attn: Kevin Bachelder
We are proposing to build eight homes on a site known as Carmen
Court, located in the Crown Point development in Mendota Heights.
We are proposing �he construction of a new city street with cul-de-
sac that would service these eight sites. The lots are shown on
the site plan and are at least"15,000 square feet in size.
The site cur..rently consists of four single family lots an a newly
built cul-de-sac with an existing brick two story home with an
attached four stall garage. In order to accomodate a city street
and lots we are requesting a right of way for the street of 55 feet
not 60 feet. This has been done before and does work on this
Iocation. Additionally, we are requesting a front yard setback
variance for lots two (2) and three (3). The curve of the cul-de-
sac affects the shape of the house in several locations so we would
like to reduce the front yard setback for lots two (2) and three
(3). Finally, we need a lot width variance on Lot six (6). It is
large enough however, it's shape is affected by the curve of the
road and we are requesting a lot width varianae for this lot.
We will be moving the existing house that sits on this site to lot
eight (8). We will remove the 4 stall garage that is attached to
the house and rea�tach a 2 stall garage after the house is moved.
In addition, the house will be painted in a beige or taupe color to
blend in with the new homes to be built.
We would also like to build some of the homes further back than 30
feet from the frant property line. This suits the sites better as
the road curves through the property.
We have held two neighborhood meetings regarding our use of this -
property. Concerns of the neighborhood include increases in
traffic and safety ot the existing entrance to Highway 110. We
have discussed this with the State of Minnesota Department of
Transportation and they are updating and improving the intersection
of Highway 110 and 35E. These improvements will change the
entrance to Highway 110 from Crown Point during this year. The
changes will eventually improve �he entrance from Highway 110 to
Crown Point as well. This should adequately address the safety
issue.
.,.
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We feei that wha� has been prvposed is probabiy the most palaiab2e
developmeat r�f �his particular property. Taking into account the
ap ositian af the neighborhood to the tawnhome development pzoposed
ea 1'er,,this single family development of eigh�. lc�ts should
ce inly conform to the cantinued use of the propex�y as R-l.
ly
. .` : ��..
1Viendota
APPLICATION FOO CONSIDERATION
PLANNING REQUES'I'
Clty O� ���
Heights
c�rro. q (.D= (� � -
Fa Paia Pp�cation
315 J � � � �s �sa.
Applicant Name: �%��00� }�i6Yl�� �'1 G.r PH: `�`�t' �d��✓-�
Q.ast) (First) (Ni�
Addtrss: D�i ��{�p ��� �' �� /Ylllj ��o��
(Number & Streei) <(SLY) (�) C�P)
o��rr�c: ��°� ro�iu��I �
(�.as� (F'�) (�
Address: ���/i�� �J!/�l� �%%��G � /� dGf 3 �// �'
. .. (Number & Street) (C�ty) (s�te) C�P) �
st�t r.ocaaon of Property in Quesaon: G07.� l a, 3,� %j�li/.�t�x�E��s .��KJ
!1 a �—
�--CJ
I.egal Description of Property: ��'� �
Type of Request:
Rezoning
Cbnditional Use Pernut
Conditional Use Peimit for P.0 D.
Plan Approval
Comprehcasive Plan Amendment
�V,i �atiance .
V Subdivision A val
PPi'o
Wctlands Pemut
Other (attach cxplanation)
Applicable City Onlinance Number Section
Pt�esent Zaa�ngof Prapertg �` f Preseat Use �%��� �i1'll�C-�/ %�!/YI'I�Y
Fl�DpOSed ZOmIIg Of PnOjx�ty�`� � PrOpOSed USC �'V 6� {�1l•i�/ i5 �;�yjt-S'
I hereby dedan ihat ali s'tat,ements made� ia this.
materia� are tru� -
� .,
(Received by - Tide) ' • •
1101 Victoria Curve • 1Viendota Hei¢hts. 1VIN • 55118 452 • 1850
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CITY OF MENDOTA HEIGHT`5
NOTICE OF HEARING
March 6, 1996
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the Planning Commission of Mendota Heights wiil
meet at 8:30 o'clock P.M., or as soon as possible thereafter, on Tuesday, March 26,
1996, in the City Hall Council Chambers, 1101 �ctoria Curve, Mendota Heights,
Minnesota, to consider an application from Mr. John Mathem, of Mendota Homes,
for Preliminary Plat Approval and Variances which would allow the platting of eight
single family lots on the following described property:
Lots 1, 2, 3 and 4, Block 1, Tuminelly's Carmen Court
More particularly, this property is located in the soutfieast quadrant of the
i�tersection of Trunk Highway 110 and 1-35E.
This notice is pursuant to City of Mendota Subdivision Ordinance No. 301 and Zoning
Ordinance No. 401. Such persons as desire to be heard witfi reference to the request
for the Preliminary Plat and Variances 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. �
' � �
. . . . . � .. . �... � Clt . � �O�
.. . .:: �y � ..
� .��.� .� � � 1.Viendo�a � �ei��i�s �
March 11, 1996
Mendota Homes
Attn: John Mathern
Box 416
Forest Lake, Mn 55025
Mr. Mathern:
Staff received your application for a preli�unary plat on March 1, 1996 arid has reviewed
your applicatioa Your application has been found to be complete and therefore the 60-
day time limit for reviewal lias commenced as of March 1, 1996. The required public
hearing to discuss your application wi11 held at the regularly scheduled planning
Commission meeting on March 26, 1996. � �
Thank You.
� � �. ' .
Patrick C. Hollister .
Administrative Intern . . .
0
: '
1101 Victoria Curve •�Viendota Heights, 1ViN - 55118 452=1850
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CITY OF MENDOTA HEIGHTS
MEMO
March 28, 1996
TO: Mayor, City Council, Interim City Ad�nis�tor
FROM: Kathleen M. Swanson�jt�
City Clerk
SUBJECT: Fire Truck Bids
INFORMATION
Bids for the new fire truck were opened on Wednesda.y afternoon. Specifications and bid
documents had been submitted to seven firms. Three bids were received.
DISCUSSION
In accordance with the advertisement for bids, all of the bid documents were delivered to
me prior to 3:00 p.m. on March 27. After the opening was convened, I opened the bids with
assistance from Fire Chief Maczko. Interim Administrator Batchelder, representatives of the
three bidders, and members of the Fire Department were present for the opening. The first bid
which was opened did not meet some significant requirements of the bidding procedure - one of
which was that it did not comply with the prescribed method to take exceptions to the
specifications. The bidder chose not to include responses to whether its bid complied with 61
pages of specified equipment requirements. The specification explicitly states that the minimum
criteria for evaluation of the document by the city is completeness of the proposal and the degree
to which it responds to all requirements and requests for the information contained in the
specification. A representative of the bidder was present and stated that his firm had no intention
of submitting those responses. He was informed that subject to consultation with the city's legal
counsel it was most likely that I would recommend that his bid be rejected for failure to comply
with the bid requirements.
The second bid was then opened. It appeared to comply with the bid requirements,
however only one copy of the bid proposal had been submitted. The specification required
submission of two copies. The vendor's representative was informed that, due to the non-
compliance, the bid was subject to rejection.
The final bid was then opened, and it appeared to meet the requirements upon quick
review. I informed all of the vendors that I would consult with the City Attorney and
subsequently make a recomxnendation to Council on rejecting the incomplete/inadequate bids.
Since we were left with only one bid for such an expensive piece of equipment, I felt that it
would be in the city's best interest to further review the third bid before sending it to the Fire
Department for intense review by the truck committee. It was quickly determined that the third
bid does not comply either. This bidder did not comply with the requirement for a fifteen year
warranty on the body structure and substructure, and instead specified a ten yeaz warranty. In my
opinion, this is a material deviation from the specification. The bid document expressly
�
specifies that bidders who fail to meet the warranty requirement shall not be considered as
responsive.
Needless to say, this is the most unorthodox bid opening in my experience and probably
in the experience of the bidders. I have consulted with Tom Hart and reviewed the League of
Cities manual as well as the bid specification itself in preparation for this memo to you. Council
has a number of options available.
1. The advertisement for bids, and the state local improvement code, give the city the
right to reject any and all bids. If Council so chooses, it can reject all of the bids
which were submitted. A subsequent bidding procedure would then be necessary.
2. Council has the apparant authority (according to the LMC manual) to� waive
informalities or irregularities in the bids "if they do not result in a substantial departure
from specifications or favor the bidder guilty of the irregularities." Council could
therefore "acknowledge" all three bids, or those bids which it deternunes to
substantially comply with the specifications. This would allow the Fire Department's
truck committee to look at the material content of what is proposed.
There are pros and cons to each of the options. Re-bidding may result in fewer bids. If
bidding is substantially delayed, the result could be higher bids due to increased manufacturer
prices on components and materials. It could also result in criticism should new bidders enter the
process and undercut the three bids which have been received. The bid opening was a public
process, and the bids are public information. One of the three vendors was very concemed about
this possibility. Another possibility is that we would receive no bids or perhaps only one bid. If
it is Council's decision to re-bid, I would strongly recommend that the same bid specifications be
used and that bid opening be held within twenty days after the advertisement is published. This
would allow the three bidders sufficient time to comply with the specifications and re-bid, should
they so desire, but should not put them at an unfair disadvantage in the bidding process.
The truck specification was recommended by the fire truck committee after a great deal
of effort and time had been expended on its preparation. It was subsequently approved by
Council. Only the Council has the power to accept or reject bids, and only Council is
empowered to waive requirements of the specification. Had some or all of the bids appeared to
meet the �nimum specifications, the documents would have been referred to the fire truck
committee for intense review and subsequent recommendation to Council to accept or reject the
bids and award a contract. In this unusual circumstance, since none of the bids meet the
technical minimum specifications, I am compelled to make a recommendation to Council. In
this case, I do not feel that the fire department representatives have the authority, nor should they
be put into the position of accepting the responsibility, to review any of the bids for material
content before Council takes action to aclrnowledge or reject the bids. If Council chooses to not
to reject the bids, it must conclude that there is sufficient justification for waiving requirements
of the bid specification.
RECOMMENDATION
A considerable amount of time has been spent on this issue over the past three da.ys.
Although Council has been presented with options, it is my opinion that the most appropriate and
legally defensible action would be to reject all bids and begin the process over again, using the
same specifications. The city would then certainly not be criticized for "playing favorites," by
waiving requirements after the bid opening.
ACTION REOUIRED
Council should consider and discuss the foregoing options. If Council concurs in my
recommenda.tion, it should move to reject all bids and direct sta.ff to re-advertise for bids, the bid
opening to be conducted as soon as is legally possible after publication of the advertisement for
bids.
CITY OF MENDOTA I�IGHTS
ul:�u �
March 29, 1996
TO: Mayor, City Council and City Administra �
FROM: Larry E. Shaughnessy, City Treasurer
RL: 'Ilurners Gym IR Request
I.� • ;
At our meeting of March 19, representatives of 1�rners Gym requested that the City
Council call a public hearing on a proposal to issue Industrial Revenue Bonds for the
refinancing of their facility on Lexington Avenue. 'i'he 1�rners Gym ran into financial
problems, and the mortgage on the facility was foreclosed by the Cherokee Bank.
The bank has offered to resell the facility to the reorganized Turners which operates as
a nonprofit SO1C3 corporation. Under the organization, the 7�rners appear able to meet the
financial requirements of paying the costs of the IR �onds.
At our last meeting the Council requested the City Attorney to review the proposed set
up aad a copy of his comments are attached. The reorganized property will be tax exempt.
The building has currently a tax capacity of $23,843.00 which results in City taxes of ahout
$2,752.00 (type on March 19 memo showed $1,752.00).
The City Resolution 79-10 charges a fee for issuance of IR Bonds in the amount of 1�
on the first 500,000.00 or 1/z of 1°b on the next $2,000.000.00
� r•. :-• �i:-�
Consider request to call a possible hearing and if agreeable adopt Resolution 96-_,
"RELATING TO A REVENUE NOTE FINANCING FOR TWIN CITY TURNERS
GYMANASTIC CENTER°, calling the hearing for May 7, and determi.ne fee if any applicable
to proposed issue.
Council Member offered the following resolution and moved its
adoption: �
RESOLUTION N0.
INI1'IAL RESOLUTION
RELATING TO A REVENIJE NOTE
FINANCING FOR TWIN CITY TURNERS GYMNASTICS CENTER
CITY OF MENDOTA HEIGHTS, MINNESOTA (the "City")
WHEREAS, Twin City Turners Gymnastics Center, a Minnesota nonprofit carporation
(the "Corporation"), intends to acquire an approximately 13,700 square foot existing buiiding
located at 2500 Lexington Avenuc South in the City to be used £or its exempt purposes (the
"Project'�; and
WHEREAS, the Corporaticm represents that the economic feasibility af undertaking the
Project will be greatly enhanced through the issuance of a revenue note by the City and thereforc
requests the City to declaze its present intent to issue its revenue note to provide funds for tiie
Project; and
WHEREAS, the City is authorized to issue its revenue note for such purpose bv
Minnesota Statutes, Sections 469.152 through 469.165, as amended (the "Act"};
NOW, T�IEREFORE, BE IT RESOLVED by the City Cauncil of the City of Mendota
Heights, M'vnnesota, as follows:
i n 1 It is hereby declared to be the intention of the City Council of the City of
Mendota Heights, Minnesota, to issue a revenue note of the Ciry in a principal amount not to
exceed $600,000 for the purpose of financing the Project, subject to a public hearin� to be held
as describcd in Section 3 hercof.
Section� The officers and employees of the City are hereby authorized tio take such
further action as is necessary to car.ty out the intent and purposes of this resolution. All details of
such re�enue note issue and the provisions for payment thercof shall be subject to final approval
of this Council. The revenue note shall not constitute a charge, Iien or encumbrance, legal or
equitable, upon any property of the City, and the note, when, as and if issued, shall recite in
substance that the note, including interest thereon, is payable soiely from the revenues received
from a recenue agreement with the Corporation and shatl not constitute a debt of the City within
the meaning of any constitutional or statutory limitation or a charge against the general credit or
taxing powezs of the City.
Section 3• The City Council shall hold a public hearing at 7:30 p.m. central time on
Tuesday, May 7, 1996 at the Council Chambcrs in City Hall, 110f Victoria Curve, Mendota
Heights, Minnesota, to provide an opportunity for interested individuals to express their views on
the proposed issue of the note and the nature of the Project. The City Clerk shall cause a notice
of publie heaxing in substantially the form attached as E?thibit A to be published in the official
newspaper of the City no fewer than fifteen (15) days before the hearin�.
Adopted: Apri12, 1996.
Approved:
Mayor
Attest:
City Clerk
�
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NOTiCE QF A PiJBLIc ��EARING QN A PROPOSED PROJECT AN�7
THE ISSUANCE OF A REVENUL NOTE
CITi' OF M�NDOTA ��EIGHTS, IvIZTi�+TESOTA
I�I4TICE IS HEREBY GIVEN that thE City Council of the City of Mendota Heights,
Minnesota (the "City"), will mcet at 7:30 p.m. centrai time on Tuesday, May 7, 1995x at the
Cauncil Chambers in the City Iiall at 1101 Victoria Curve; Mendata Heights, Minnesota for the
purpose of canducting a pubiic hearin� on a proposai that the City issue iis Revenue Nc�te
(hereinafter the "note") ur�der Minnesota Statutes, Sections 469.152 through 469.165, as
amended, in order to finance, in whoi� ar in part, the costs af a project. Th� propased praject
will consist of the acquisition of an approximately 13,700 squaze foot existing building located at
2500 Lexington Avenuz Sau�h in the City {the "Project"), to be owned by Twin City Tumers
C�►mnastics Cenier, a Minnesota nanprofit corporation (the "Cc�rporation"). The estimated
aggrcgate principat amount of the proposed note issue is $600,000. The note shall be a limited
obligation of thc City, and the note and the intezest thereon shatl l�e payable solely €rom the
Corporation's revenues pledged to the payment thereof. No holder of �Iie note shall ever have the
right to comgel any cxercise of ti�e ta�cin� powcr of the City to pay the nc�te or the interest
thereon, nor to enforce payment against any property of the City, nar shall the same cc�nstitute a
debt af the City within the meaning of at�y constitutionat or statutory limitations.
A draft capy of the proposed Application to th� Minnesota Department vf Trade and
Economic Development for approval of th� Project, ta,��ther with all attachments and exhibits
.thereto, is avaitabie for gublic inspection at th� office of the City Clerk in City �ali, betwecn the
hours of $;00 a.rn. and 4:30 p.m. Monday through Friday.
AIl persons interested may app�ar and be heard at the timc and place set forth abave or
may file written comments with the City CIerk which shall be considercd at the public heazin�.
BY 4RDER OF THE CiTY COUNCTL
City Clerk
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March 29, 1996
Mr. I..awrence Shaughnessy
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Re; ?tivin Ciry ?�rners Gym�rastics Center
Dear Larry:
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It is our understanding chat'I�vin City'Ilirners Gymnasdcs Center ("t�trners'} has progosed that
the City participate in a refinancing� through industrial revenue bonds, of the existing building
located ac 250Q I.exington Avenue South in Mendota Heights. In connection with such
transacdon, the proposed lender (Cherokee State Bank) has requested that the City accept
conveyance of tide to the property, purely as a conduit. Although the City would only actually
be in dtle for a brief moment, doing so may expose the City W some (at least minimal) risk of
liability. It is very difficult to quandfy the extent of such risk, although we would anricipate that
some chance of liability would exist primarily in two azeas: (i) cnvironmental issues, and (ii)
personal injury issues.
Under fedetal(but not state) environmental laws, any 'owner' of real estate is subject to liability
for environmenta] contaminadon, even without amy association with the pollution in question.
CertainIy, federal case law exists which would hold even a conduit owner liable for costs of
cleaning up such contamination. We believe, however, that the trend in the law is more
favorable, with more recent cases finding no such liability for conduit owners. Nevertheless,
we cannot give assurances w you at this time that claims would not be asserted against the City
should environmCntal ccyn�a,nination be faund to exist at the site. Although it seems unlikeiy that
the federal environmental agencies would become involve� with the subject property, we should
emphasue that we have no familiarity whatsoever with the environmental condition of the
property,
WINTHROP & WEINSTINE
Mr. Lawrence Shaughnessy
March 29, 1996
Page 2
Page 3/3 Job 604 Mar-29 Fri 13:08 1•�96�'
It is also possible, especially given the nature of the gymnastics activity canducted at the subject
facility, that the City could be named in a lawsuit seeldng liability for injuries occurring at the
facility. Although it is difficult to imagine a compelling legal theory under which liability could
be establishe� against the City, one ha� to recognize that, in any such case, any jury would give
all benefits of the doubt to what would assuredly be a very sympathetic plaindff. We believe
thai the mor+e tangible the mle taken an by the City in any financing transaction, the higher the
likelihood that the City would become involved in any such personal injury litigation. Ta.idng
tide to the pmperty is certainly more tangible than the usual mle of the City in industrial
reveriue bond oransactions. Again, although we believe the risks of claims being asserted against
the City to be small, we certainly cannot say that there is no risk at alI.
The City is being asked to take title of the property mercly tn accommodate the interests of the
lender in the subject transacdon. The lender is seeIang to avoid the lengthy foreclosure process
if �rners goes into default, pr+eferring the much more expeditious process of cancellation of a
Contract for Deed. We have emphasized to bond counsel that, although we understand their
goal, we believe that adequate remedies exist tn protect the interests of a lender through the
poUendal appointment of a receiver of the property. Although this would not evade the necessity
of foreclosing a mortgage, a lender could gain effective control of the project very quickly
through the appointment of a receiver in the event that 'ILrners defaults under its mortgage
obligations. Accordingly, we do not see a compeiling reason to take on a role in this transaction
which is any different from the City's customary role in similar vansactions.
In any event, if the City is willing to considet taidng tide to the subject property as proposed,
we strongly advise that the City {i) require a full and complete indemnity from the lender,
including an obligation on the part of the lender to defend the City against any claims by third
parties relating to its r�ole in the sub}ect tiansactiori, and (ii) participate in the transaction only
after review and approva] of a thorough environmenta] investigarion of the site (with a finding
of no contamination). Our understanding in discussions with bond counset is that the lender
would be willing to pmvide the type of indemniry described above. We do not know at this time
whether plans exist to conduct an environmental invesiigadon of the property.
Very wly yours,
& ViTEINSTINE, P.A.
M. Hart
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CITY OF MENDOTA HEIGHTS
�I►� 1 �!► t��
March 27, 1996
.."`y
TO: Mayor, City Council, and Interim City A�'N�rator
FROM: Patrick C. Hollister, Administrative Intern �
SUBJECT: Dakota County Phase II GIS Participation
and Aeria1 Photography Agreement Amendment
Discussion
GIS Phase II
The City of Mendota Heights is a"Phase II" community in the cunent effort by Dakota
County to have all cities in the County utilizing a coordinated GIS system. (The other
Phase II communities are South Saint Paul, Hastings, Rosemount, and Inver Grove
Heights.) The City of Mendota Heights has received a$5,000 grant from NSP to
participate in this project.
Attached is a draft of the proposed contract between Dakota County Economic
Development Partnership and the Lawrence Group, a GIS mapping firm. The City of
Mendota Heights is not a signatory to this document, but the contract has been attached
for clarification. (See especially Exhibit A detailing the type of information to be compiled
and reproduced.)
Gary Stevenson, County Surveyor and GIS specialist along with County Commissioner
Patrice Bataglia will be present at the Council Meeting on April 2, 1996, to answer any
questions the Council may have about the nature of data collected and diffused, data
privacy concerns, etc.
Aerial Photogra�h ►�Agreement Amendment
In 1992 Mendota Heights, along with all other Dakota County communities signed an
agreement with the County to cost share (on a 50-50 basis) in purchasing photography
and GIS hardware and software for joint use by the cities and County. As part of this
agreement the County was to sell information to interested parties and "bank" the money
they received in an Enterprise Fund. This money was to be used for later upgrades to the
system. Through this Enterprise Fund, it is hoped that all future upgrades to the system
can be completed at no direct cost to the cities.
�
Dakota County would like to do some updating to this data base in 1996 by completing
some new aerial photography, adding software and hardware and completing any needed
training for the system. (see Paxagraph 1.1). The cost to each of the cities for this upgrade
proposal is calculated based upon a formula relative to each city's land area and their
individual improvement cost to the system. Mendota Heights' contribution for this
upgrade is 3% of the total cost or $3,340.55. Mendota Heights has a current balance
within the Enterprise Fund of $4,534.44. After participating in this upgrade, $1,193.49
will remain for future use.
Please see the attached copy of the Agreement.
Recommendations
Phase II GIS
Staff recommends that the Council authorize payment of the $5,000 NSP grant to Dakota
County to fulfill our City's funding obligation to the Phase II group. (This money was
given to the City exclusively for this purpose. If we do not use this money for the GIS
project, we must return it to NSP.)
Aeria1 Photo�raphy Agreement Amendment
Staff recommends that Mendota Heights participate with Dakota County and the other
cities in Dakota County by authorizing $3,340.55 to be spent from Mendota Heights'
account in the GIS Enterprise Fund for use in updating the GIS data base.
Council Action Required
Discuss authorizing the $5,000 payment to Dakota County Economic Development
Partnership for participation in Phase II and the $3,340.55 payment for updating the GIS
data base.
CONTRACT BETWEEN DAKOTA COUNTY ECONOMIC DEVELOPMENT
PARTNERSHIP AND THE LAWRENCE GROUP FOR ASSISTANCE IN
DEVELOPING AN INTEGRATED, MULTI-CITY PROGRAM FOR DEVELOPING
AND MANAGING GEOGRAPHICALLY BASED INFORMATION
This contract is made and entered into between the Dakota County Economic Development
Partnership, 1300145th Street, Rosemount, Minnesota 55068, hereinafter "Partnership" and
Lawrence Group 510 First Avenue North, Suite 303, Minneapolis, Minnesota 55403,
hereinafter "Contractor".
WHEREAS, the Partnership requires services to be provided in connection with a written
grant proposal to the Dakota Electric, NSP, and the Metropolitan Council to develop an
integrated, multi-city program for developing and managing geographically based
' information; and
; WHEREAS, Contractor desires to and is capable of providing the necessary services
according to the terms and conditions stated in this Contract; and
i .
WHEREAS, the services to be provided by Contractor under the Contract axe professional
� in nature and it is understood that the parties are entering into this contract on the basis
' of Contractor's professional qualifications and experience and have detemuned Contractor's
i compensation therefore by mutually satisfactory negotiations.
i NOW, THEREFORE, in consideration of the mutual promises and agreements contained
herein the parties agree as follows:
f
: 1. TERM
� 1.1 Term. This Contract shall be in effect from the date of execution by all parties and
+ shall continue in effect until all services to be provided by Contractor pursuant to this
� Contract are satisfactorily completed and final payment is made unless earlier
i terminated by law or according to the provisions herein, but in no event shall the
' term exceed eighteen months.
1.2 Provision of Services. The parties shall comply with the following schedule for the
provision of services:
Consistent with Exhibit A, Scope of Services, which is attached hereto and
incorporated herein by reference, Contractor acknowledges that it is the intent
of the Partnership to create an integrated, multi-city program for developing and
managing geographically based information; and
�
2.1
2.2
Contractor acknowledges that the firm was selected as the project contractor
subject to the condition that if the staff cunently working on the project in
connection with a contract for services between the Partnership and Insight
Mapping and Demographics, recently assigned to The Lawrence Group, is
unavailable or unable to complete the project, that staff or
subcontracted services of equal capability are found to replace the individual(s)
named within 30 days.
CONTRACTOR'S OBLIGATIONS
General Description. Contractor shall provide the following services generally
described as:
1. Establish a framework for organizing and applying Geographic Information
System, hereinafter, "GIS," capabilities for the mutual benefit of the
Partnership, Dakota County, and the cities of Hastings, Inver Grove Heights,
Mendota Heights, Rosemount, and South St. Paul
2. Produce GIS data bases, maps, and software applications that facilitate
regional planning and community marketing efforts;
3. Establish procedures and structures to achieve sustained cooperation to the
GIS program;
4. Document the aforementioned services in detail in a format that permits
replication of the process in other settings. �
Conformance to Specifications. Services provided shall be in accordance with the
criteria set out in Exhibit A.
2.3 Standard of Care. The standard of care applicable to Contractor's services will be
the degree of skill and diligence normally practiced by professional GIS consultants
perfomung the same or similar services.
3. PAYMENT
3.1 Total Cost. This is a flat fee contract. The total amount to be paid by the
Partnership pursuant to this Contract shall be Thirty Five Thousand ($35,000). The
fee constitute Contractor's estimate of the effort and charges required to complete
the Scope of Services as Contractor understands it to be defined. Services not
expressly set forth in this Contract are excluded from the scope. If Contractor is
delayed in performing its services hereunder by any act of war, force majeure or
other circumstance beyond its control, then the Contractor shall be compensated by
an extension of the schedule of performance by the number of days as the occurrence
delays performance. The terms of payment are outlined in Exhibit C, which is
attached hereto.
�
3.2 Time af Payment. The Partnership shall make payment ta Cantractar within thirty-
five (35) days of the date on which the invoice is received. If the invoice is incorrect,
defective, or otherwise improper, Partnership will notify Cantractor within ten (10)
days of receiving the incorrect invaice. Upon receiving the carrected invoice from
Contractor, the Partnership wiil make payment within thirty-fi�e (35) days.
3.3 Payment for Unauthorized Claims. Partnership may refuse ta pay any claim which
is not specifically authorized by ihis Contract, Payment of a claim shall not preclude
Partnership fram questianing the propriety of the claim. Partnership reserves the
right to offset any overpayment or disallowance of claim by reducing future payments.
3.4 Pa�ment Uuon Earl,y Termination. In the event this Contract is terminated befare
the completion of all services, Partnership shall pay Contractor for the services that
Partnership and Contractor mutually agree were provided in a satisfactory manner,
which wi11 be based upon the schedule of payments pravided at F..xhibit C. In no
case shall such payments exceed the total contract price. Within ten days of
providing the notice of ternunation, Partnership and Contractar shall meet and make
reasonable efforts to agree upan the sum ta be gaid under this Paragraph 3.4.
4. C4MPLIANCE WITH LAWS jSTANDARDS
4.1 Generai. Cantractor shall abide by all federal, state, or local laws, statutes,
ordinances, and regulations naw in effect or hereinafter adopted pertauung to this
Cantract or to the facilities, programs a.nd staff %r wiuch Cantractor is respansibie.
4.2 Licenses. Cantrac�or shall procure, at its own expense, all licenses, permzts or other
rights required for the provision of services contemplated by this Contract.
Contractor shall inform the Partnership of any changes in the above within �ive {5}
days of accurrence. �
The licensing requirement does not apply to any licenses, permits, �ar rights the
Partnershig or project ai�iliates must possess to receive the services or acquire the
data bases contemplated by this contrac�t. Said costs are the sole responsibility of the
Partnership and affiliate agencies. Costs specifically identified to be borne by the
Partnership or affiliate agencies may include but nat be limited to the purchase of
in-house Arcinfo c�r Arcview software and tfie purchase cast, if any, for any and ali
data proposed to be incorporated into the integrated multi-community GIS system.
4.3 Minnesata Law to Govern. This Contract shall be govemed by and construed in
accordance with the substantive and procedurai laws af the State af N�innesata,,
without giving effect to the principles of conflict of laws. All proceedings related to
this Cantract shall be venued in the State of Minnesota.
3
5. INDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor and nothing herein shall be construed to create the
relationship of employer and employee between Partnerslup and Contractor. Contractor
shall at all times be free to exercise initiative, judgment and discretion as to how to best
perform or provide services. Contractor acknowledges and agrees that Contractor is not
entitled to receive any of the benefits received by Partnership employees and is not eligible
for workers' or unemployment compensation benefits. Contractor also acknowledges and
agrees that no withholding or deduction for state or federal income taxes, FICA, FLTTA, or
otherwise, will be made from the payments due Contractor and that it is Contractor's sole
obligation to comply with the applicable provisions of all federal and state tax laws.
6. INDEMIVIFICATION
Any and all claims that arise or may arise on behalf of Contractor, its agents, servants or
employees as a consequence of any act or omission on the part of Contractor or its agents,
servants, employees while engaged in the performance of the Contract shall in no way be
the obligation or responsibility of Partnership. Contractor sha11 indemnify, hold harmless
and defend Partnership, its of�cers and employees against any and all liability, loss,costs,
damages, expenses, claims or actions, including attomey's fees which Partnership, its officers
or employees may hereafter sustain, incur or be required to pay, to the extent arising out
of or by reason of any negligent or willful act or omission of Contractor, its agents, servants
or employees, in the execution, performance, or failure to adequately perform Contractor's
obligations pursuant to this Contract. ._
Any and all claims that arise or may arise on behalf of Partnership, its agents, servants or
employees as a consequence of any act or omission on the part of Partnership or its agents,
servants, employees while engaged in the performance of the Contract shall in no way be
the obligation or responsibility of Contractor. Partnership shall indemnify, hold harnlless
and defend Contractor, its officers and employees against any and all liability, ,loss, costs,
damages, expenses, claims or actions, including attorney's fees which Contractor, its o�cers
or employees may hereafter sustain, incur or be required to pay, to the extent arising out
of or by reason of any negligent or willful act or omission of Partnership, its agents, servants
or employees in the execution, performance, or failure to adequately perform Partnership's
obligations pursuant to this Contract.
7. INSURANCE
7.1 General Terms. In order to protect itself and to protect the Partnership under the
indemnity provisions set forth above, Contractor shall, at Contractor's expense,
procure and maintain policies of insurance covering the term of this Contract, as set
forth below. All retentions and deductibles under such policies of insurance shall be
paid by Contractor. Each such policy of insurance shall contain a clause providing
4
7.2
that such policy sha11 not be cancelled by the issuing insurance company without at
least 10 days written notice to the Partnership of intent to cancel.
COVERAGE. The policies �of insurance to be obtained by Contractor pursuant to
this section shall be purchased from a licensed carrier and shall include the following:
A. General Liability
A single or combined limit, occurrence-based comprehensive general liability
insurance policy which shall include a broad form comprehensive liability
endorsement and a contractual endorsement protecting Contractor against any and
all public liability claims that may arise in the course of performing this Contract,
which shall include the following coverages at a minimum:
Bodily Injury/Death
Properiy Damage:
B. Automobile Liability
$1,000,000 per occurrence
$1,000,000 per occurrence
A single or combined limit automobile liability insurance policy for all owned, non-
owned and hired vehicles, if any, protecting Contractor against any and all public
liability claims that may arise in the course of performing this Contract, which shall
include the following coverages at a minimum:
Bodily Injury/Death
Property Damage:
C. Worker's Compensation
$200,000 per person
$600,000 per occurrence
$200,000 per person
$600,000 per occurrence
If applicable, Contractor shall proc�.�re and maintain a policy that at least meets the
statutory minimum.
7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall
file certificates or certified copies of such policies of insurance with Partnership
which shall be incorporated into this Contract as Exhibit B.
7.4 Failure to Provide Proof of Insurance. Partnership may withhold payments of
immediately temunate this Contract for failure of Contractor to furnish proof of
insurance coverage or to comply with the insurance requirements as stated above.
5
8. SUBCONTRACTING
The Contractor shall not enter into any subcontract for the performance of the services
contemplated under the Contract nor assign any interest in the Contract except as described
in Exhibit D or upon written consent of the Partnership. The subcontracting or assigning
party shall be responsible for the performance of its subcontractors or assignees unless
otherwise agreed.
9. DEFAULT
Neither party shall be held responsible for delay or failure to perform when such delay or �
failure is due to any of the following unless the act or occurrence could have been foreseen
and reasonable action could have been take to prevent the delay or failure: fire, flood,
epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, the
withholding of necessary data or information by a third party, or delays or defaults caused
by public carriers, provided the defaulting party gives notice as soon as possible to the other
party of the inability to perform. �
10. TERMINATION
10.1 Without or Without Cause. This Contract may be terminated with or without cause,
by either party upon thirty (30) days written notice.
10.2 Notice of Termination. Notice of termination shall be made by certified mail or
personal delivery to the authorized agent of the party. Notice of Termination is
deemed effective upon delivery to the address of the party as stated in paragraph 12.
10.3 Effect of Termination. Termination of this Contract shall not discharge any liability,
responsibility or right of any party which arises from the performance of or failure
to adequately perform the terms of this Contract prior to the effective date of
termination.
11. CONTRACT RIGHTS/REMEDIES
11.1 Ri�hts Cumulative. All remedies available to either party under the terms of this
contract or by law are cumulative and may be exercised concurrently or separately,
and the exercise of any one remedy shall not be deemed an election of such remedy
to the exclusion of other remedies.
11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any
subsequent default. Waiver of breach of any provision of this Contract shall not be
construed to be modification for the terms of this Contract unless stated to be such
in writing and signed by authorized representatives of Partnership and Contractor.
0
12. ALTTHORIZED REPRESENTATIVE
The following named persons are designated the authorized representatives of parties for
purposes of this Contract. These persons have authority to bind the party they represent
and to consent to modifications and subcontracts, except that, as to Partnership, the
authorized representative shall have only the authority specifically or generally granted by
the Partnership GIS Committee. Notifcation required to be provided pursuant to this
Contract shall be provided to the following named persons and addresses unless otherwise
stated in this Contract, or in a modification of this Contract.
13
To Contractor:
John E. Carpenter, Vice President
The Lawrence Group
510 First Avenue South, Suite 303
Minneapolis, MN 55403
Telephone: (612)
LIAISON
To the Partnership:
Scott Beckman, Executive Director
Dakota Economic Development
Partnership
1300 145th Street
Rosemount, MN 55068
Telephone: (612) 423-8291
To assist the parties in the day-to-day performance of this Contract and to develop service,
ensure compliance and provide ongoing consultation, the above=named individuals are
designated as project liaisons--to the Partnership GIS Committee by Contractor and the
Partnership. The parties shall keep each other continually informed, in writing, of any
change in the designated liaison.
14. OWNERSHIP OF DOCUMENTS AND WORK PRODUCTS
All documents, data, studies, reports, maps, and graphic images that are prepared in whole
or in part through the services provided by Contractor under this agreement are the
property of the Partnership, and the Partnership shall have full access to such work product
during their preparation.
15. CONFLICT OF INTEREST
Contractor covenants that Contractor presently has no interest and shall not acquire any
interest, direct or indirect, in the Project that would conflict with the performance of
Contractor's services under this Contract.
7
�
16. MODIFICATIONS
Any alterations, variations, modi�ications, or waivers of the provisions of this Contract shall
only be valid when they have been reduced to writing, signed by authorized representatives
of Partnership and Contractor.
17. SEVERABILITY
The provisions of this Contract shall be deemed severable. If any part of this Contract is
rendered void, invalid, or unenforceable, such rendering shall not affect the validity and
enforceability of the remainder of this Contract unless the part or parts which are void,
invalid or otherwise unenforceable shall substantially impair the value of the entire Contract
with respect to either party.
18. MERGER
18.1 Final Agreement. This Contract is a final expression of the agreement of the parties
and the complete and exclusive statement of terms agreed upon, and shall supersede
all prior negotiations, understandings or agreements. There are no representations,
warranties, or stipulations, either oral or written, regarding Contractor's services or
the Partnership's obligations that are not contained in this Contract.
G
18.2 Exhibits. Exhibits A through �i are attached and incorporated herein by reference.
Fxhibit A- Scope of Services
Exhibit�B - Cerkificates of Insurance
Exhibit C - Subcontractor Agreement
IN WITNESS VVF�REOF, the parties hereto have executed this Contract on the date(s)
indicated below.
Contractor
By:
Title:
Date of Signature:
,
Partnership
By:
Title:
Date of Signature:
Corporation jOr�anization
This instrument was acknowledged before me on . 19 ,
by . (title) , of Insight Mapping &
Demographics, who being duly sworn, represents and warrants that he/she/they is/are
authorized by law to execute this Contract on behalf of the corporation/organization,
intending this Contract to be a legally binding obligation of the corporarion/organization.
Notary Public
�
1
Exhibit A:
DAKOTA COUNTY COOPERATIVE GIS PROJECT - PHASE II CITIES
- SCOPE OF SERVICES -
LAWRENCE MAPPING � GRAPHICS, INC.
March 14, 1996
SCOPE OF CONTRACTOR SERVICES
Lawrence Mapping & Graphics, Inc. (LMG) is contracted to provide application-based
GIS services to the Dakota County Economic Development Partnership (DCEDP) and
five Dakota County municipalities. The participating municipalities include the Cities of
Hastings, Inver Grove Heights, Mendota Heights, Rosemount, and South St. Paul. In
addition, copies of all maps, coverages and applications, developed over the course of
this project, wiN be provided to the Dakota County Survey and Land tnformation Office.
The terms of the contract between the DCEDP and LMG are set out in a separate
contract document.
CONTRACTED DELNERABLES
Lawrence Mapping & Graphics, Inc. has agreed to provide the following project
deliverables:
1. REFERENCE MAPS:
A set of two different city reference maps (i.e., Zoning and Land Use C�uide Plan)
will be produced for each of the participating cities along with combined area zoning
and guide plan maps produced for the DCEDP. In the case of Inver Grove Heights,
comparable GIS based zoning and guide plan maps have already been developed
�for the city. The current Inver Grove Heights coverages will be added to newly
created base coverages for the other cities and incorporated into the composite
maps and data coverages.
Each set of the Zoning Map and Land Use Guide Plan Map will be produced in a
large format (1:1000 scale) presentation size and a smaller (11" by 17") distribution
size. In addition, both color and black & white versions will be produced for both
output sizes. The black & white maps are being provided for use as "working maps"
where simple and inexpensive Xerox copies are needed.
Each of the five cities will receive one complete set of their own city reference maps
plus a set of composite ten-city maps. These ten-city maps cover the cities
participating in both Phase I and Phase II of the Dakota County Municipal GIS
Project. The DCEDP and Dakota County will receive one complete set of all printed
maps. In addition, all participants will receive print files capable of reproducing any
of the maps produced by LMG for this project. (Additior�al competitively priced map
copies may be purchased at any time from LMG.)
LMG has agreed to make available to project participants, as a potential Phase III
add-on, the opportunity to purchase an encrypted mapping application that will
permit the reference maps to be independently updated by city staff using
workstation Arc/Info software.
2
Reference Map Specifications:
a. Zoninq Maps (5 citv maps and 1 combined ten citv area map)•
Specifications:
• Description: Detailed map showing current zoning designations for all
city parcels. Map provides acreage totals by zoning category.
• GIS Software Used: Workstation Arc/Info (version 7.0)
• Base Line Coverages: Parcels, hydrography, municipal boundary,
street centerlines, and section lines.
• Polygon Coverages: Parcels, hydrography, PUDs, zoning districts,
shoreland overlay districts, and rural residential area overlays.
• Text Annotation: Parcel zoning designations, PUD designations,
highway/street name labels shaped to fit street centerline curves,
pipeline identification, and public facility names.
• Map Documentation: Full legend, scale, compass rose, logos, map and
data sources, map date, and map reference number.
• Enhanced Map Legend: Color key, zoning category descriptions,
acreage by category and total, and percentages by category and total.
• Special Documentation: City ordinance numbers and dates, legal
disclaimers (city defined), and source data dates.
• Output Color: Color and reproducible black & white.
• Map Color Palette: LMG palette based on standard land use colors.
• Output Formats:
• Large format (Up to 36" wide by up to 42" long) - Scale 1:1000 if
city size permits
• Small format (11" by 17")
• Print File Format: HPGL2 (Intended for use on HP DesignJet 650C)
b. Land Use Guide Plan Maps (5 citv maps and 1 combined area maq)•
Specifications:
• Description: Detailed city map showing planned land development
areas as set out in the city's Comprehensive Plan. Map provides
acreage totals by land use category.
• GIS Software Used: Workstation Arc/Info (version 7.0)
• Base Line Coverages: Parcels, hydrography, municipal boundary,
street centerlines, and section lines.
• Polygon Coverages: Parcels, hydrography, land use districts, and
additional plan related features.
• Text Annotation: Land use designations, highway/street name labels
shaped to fit street centerline curves.
• Map Documentation: Full legend, scale, compass rose, logos, map and
data sources, map date, and map reference number.
• Enhanced Map Legend: Color key, land use category descriptions,
acreage by category and total, and percentages by category and total.
• Special Documentation: Date amended, legal disclaimers (city
defined), and source data dates.
• Output Color: Color and reproducible black & white.
• Map Color Palette: LMG palette based on standard land use colors.
3
• Output Formats:
• Large format (Up to 36" wide by up to 42" long) - Same size as
zoning map
• Small format (11" by 17")
• Print File Format: HPGL2 (Intended for use on HP DesignJet 650C)
2. GIS COVERAGES (Developed For Use with ArcView 2 GIS Software)
In addition to coverages provided by the Dakota County Survey and Land
Information Office, LMG will prepare the zoning and land use guide plan coverages
required for this project and deliver all coverages in ArcView2 readable format to
the participating cities.
An initial list of GIS layers and attribute data has been identified by the participant
cities for inclusion in the Partnership GIS database. Anticipated sources of the data
are also shown. LMG is responsible for pulling these attribute data into the
coverages, but is not responsible for creating or acquiring the data. The final set of
attributes will be determined by project participants based on current data
availability and the cost of acquiring additional data.
Proposed GIS Lavers And Attribute Data
Parcel Layer
All Citv Parcels:
PIN
Zoning Designation(s)
Comprehensive Plan Desig.
- - Data To Provide By - -
Coun C� Other
yes -
- yes
- yes
Commercial/Industrial Parcels
O_ nly:
County Assessor's Tax Data yes -
(fields to be selected by the
participating cities)
Street Centerline Layer
Street Names
Traffic Analysis Zones
Width of ROW
Width of Road Surface
Traffic Counts
Census Layers z1
Municipality Total
Census Tract
Block Group
yes - -
yes 1) -
yes yes -
yes yes -
yes - -
yes - -
yes - -
yes - -
�
4
Other Layers z1
MUSA Boundary
Special Finance Districts
Development Districts
Contours
Hydrography
Subsurface Geology
Soil Types
Wetlands
Floodplains
2)
yes
yes
yes
yes
yes
yes
- yes
yes -
yes -
1) Some information is available but no one source is expected to contain all of the
data needed.
2) Availability of these data is to be determined as part of a database appraisal
component in this project.
3. Phase III Planninq:
With completion of the Phase II core reference maps and core coverages, all ten
Phase I and II municipalities will have reached at least a base level GIS capability.
LMG will provide assistance to all ten cities in determining how to most effectively
leverage the remaining "application funds" in the combined Phase I and Phase II
projects. (It is anticipated that $'f0,000 in Phase I funds will be available to
supplement the Phase II dollars targeted for development of Phase III applications.)
It is anticipated that phase III resources could be allocated in several of the
following areas:
a. Ar�View GIS Training - could include small group and/or individual training
tailored to specific city planning and development applications.
b. Additional Custom Coverages Or Maps - examples include parcel address
mapping, commercial�ndustrial inventory coverages.
c. Custom GIS Applications - examples could include a homeowner notification
application, an on-demand program for producing professional site mariceting
profiles and maps, or an application that supports ongoing data maintenance
activities.
4. Phase III Implementation:
LMG will develop and coordinate the deliverables identified in the Phase III planning
section of this project. As a non-financial participant in this project, Inver Grove
Heights has committed a GIS support resource with expertise in workstation
Arc/Info and ArcView 2 application development to provide periodic support to this
phase of the project.
PROJECT PLAN
The proposed project plan tracks a necessary sequence of events from the
identification and validation of key parcel geographies to the development and delivery
E
of customized GIS applications. The proposed task and time schedule is based on
active involvement by all participants and commitment to keeping to the project
schedule and delivery dates.
Step 1: Understand Status of Gurrent City GES Activities
Task a: Meet wiih city GtS staff and users ta discuss current GIS capabilities,
interests, and needs.
Task b: Ensure that city owned and operated computer equipment and GIS
saftware meet project requirements.
Task c: Document current city GIS capabilities, resources, and needs. Identify and
work with cities ta resolve hardware and software issues.
Step 2: Acquire Cauntv GIS Coveraqes And Attribute Data
Task a: {3btain core line coverages {i.e., parcels, sireet centerlines, hydrology,
municipal baundaries, and section tines) and PINs with application
reference table from �akata County Survey and Lar�d Information Office.
Task b: Obtain zoning and land use guide plan maps and other pertinent GIS
coverages and data from cities.
Task d: Request additional selected Dakota County GIS coverages .(i.e., land
CQVBI', natural reso�rce, census, etc. as shawn above}.
Step 3; Gonfirm Citywide Gore Coverat�es And Attributes
Task a: Prepare initia( black and white city parcel maps for city review. Highlight
parcels with missing or incorrect PlNs.
Task b: �btain city review of parcels and PiNs. If editing is needed, work with
Cities/County to determine if these changes can be accommodated within
a planrted Caunty update. {f na current update is p(anned, LMG will be
r�sponsible for praviding changes in a temporary GIS layer for use until
tFie ne�ct Coun#y update is abtained.
Task c: Make changes (if needed) and gain city sign-off on the parcel layer.
Step 4: Produce Zaninq And Land Use Guide Plan Maps
Task a: Prepare draft zoning and land use maps for city review.
Task b: Obtain city carrectians and update the GIS zoning and land use coverages.
Task c: Prepare final zoning and land use reference maps and gain city sign-aff.
Note: Project pricing assumes ihat all city edits will be hand/ed at one firrte.
Additional editing frorn that point on will be charged against funds curr�ntly
targeted for Phase lll applications at LMGs standard GIS bi!ling r�te of $8Q
per hour. Correction of LMG errors or omissions will not be charged.
Step 5: Acauire And (ncorporate Avai(able County Data And Coveraaes
Task a: Acquire needed GIS coverages and databases from Dakota County and
pariicipant cities.
Task b: Assemble coverages and/or create new GIS caverages for use in the GIS
system (e.g., naturai resource layers, census geograpFt'res, MUSA
boundaries, contours, etc.)
Task c: Attach the databases to the existing parcel coverages based on PlNs.
C=�
Step 6: Deliver Completed Coveraqes To Citv, CountY and Partnershi� Participants
Task a: Test and adapt the use of wo�kstation Arc/Info coverages for use with the
cities' ArcView2 software and computer sysiems {i.e.T oiher UNIX
workstations and DOS based PCs).
Task b; Deiiver the coverages #o a!I participanis and losd the coverages an each of
the ci#ies' GIS system (Arc/Info and/or ArcView2).
Step 7: Consult �th Ci#ies fJn Potential Phase III Proiect Deiiverabies
Task a: Work with the Project Management Team to assess the functianality and
viability af delivered ArcView coverages, How welf are current planning
and development needs being met with the maps, coverages and attribute
data pravided to the cities and the Partnership?
Task b: Propose and evaluate ather additional options intended to deliver the
greatesi added capabilities. This discussion is expec#ed to cansider the
cost and utility of developing certain ArcView applications, acquiring
additiortal databases, producing additional reference maps, generating
ather types of marketing deliverabtes, and other options.
Task c: Set specific deliverables for the remai�der of the contract period.
Ste� 8: Carry Qut The Phase !If Pro�ect Plan
(Tasks ta be determined)
EXPECTATIONS AND ASSUMPTIONS
The successfuE compfetion of #his project is dependent on assistance and support from
ci#y and coun#y staff at severai points during the project. In addition ta the County's
delivery af current County maintained GIS coverages and databases, we wil! be looking
far city staff #a assemble and deiiver a(I data (maps, drawings and digital camputer fi(es)
ta be used in creating the new zoning and land use coverages and maps.
Input fram key staff members will also be needed to resolve inconsistencies found in
the data. With comptetion of the frst draft map, city staff wili be asked ta review #he
maps in detail, validating their accuracy and completeness. Changes, identified at this
pant, will be made by LMG. Finally, ci#y sfaff will be asked to provide LMG with iities,
definitions, disclaimers, etc. that will need to be added to the finished maps. LMG can
not be held fiable far any errors ar omissions not picked up during the review �rocess.
The successfuE completion of #his project requires that all project participart#s {i.e.,
cities, Dakota Coun#y, DCEDP, and L.MG) work together in a coaperative and
supportive manner. Each pa�ticipant has agreed io assign a key contact person ta this
praject and ensure #hat adequate time is available to suppart the project plan tasks as
indicated.
Reference maps wil! be produced cavering a single time period. Support for additional
updating to ihese reference maps, using current parcei data prov�ded by the County, is
outside the scape of this project. The emphasis during this project is on leaming,
sharing, and working together on a discrete project.
� -
DAKOTA COUNTY COOPERATIVE GIS PROJECT - PHASE II CITIES
PROJECT TIMETABLE AND COSTS
Proiect Tasks:
1. Understand status of current GIS activities
2. Acquire County GIS coverages and attribute data
3. Confirm citywide core coverages and attributes
4. Produce Zoning and Land Use Guide Plan maps
5. Acquire and incorporate County data and coverages
6. Deliver completed coverages to city, County and
Partnership participants
7. Consult with cities on remaining project deliverables
8. Carry out the Phase III project plan
Kev Deliverv Dates:
1996
................................................
................................................
Oct.
��s;
• • • • • •
Setup Draft & Final ArcView Phase III
Zoning/Land Coverages Deliver-
Use Maps & Phase III ables
Consult.
Proiected Pavment Schelude*: (Total $35 000) $10K $5K $5K $5K $5K $5K
* The projected costs are those only associated with this Phase II project. They do not include
other supplemental dollars associated with coordinated Phase I application development activities.
Page 7
AGREEMENT BETWEEN
DAROTA COUNTY, DAROTA ELECTRIC ASSOCIATION�
AND THE CITIES CiF APPZ�E YALI,EY, BURNSVILLE, EAGAN�
FAItMINGTON, BASTINGB� INp"ER GROVE HEIGHTS, LAREVZLLE,
MENDOTA SEIGHTS, ROSEMOIINTI St?IITH ST« PAOLj AND WTST ST. PAUL
COST SSARING OF
AEItIAL PHOTOGRAPBY, PHC12'iJGR19�MME'i'itY HARDWAKE
AND SOFTW"ARE, TRAIIJING AND MAINTENANCE
This Agreement is made and entered into between the Dakota
County Survey and Land Information Department, 14955 Galaxie Avenue
W., Apple val2ey, Minnesota 55124, by and through the Dakota County
Board of Com�nissioners, (the �'County"j; Dakota Electric Association,
4300 220th Street West, Farmingtan, Minnesata 55024, {�DEA"}; the
City af Apple Valley, 14200 Cedar Avenue, Apple Valley, MN 55124;
the City of 8urnsville, i00 Civic Center Parkway, Burnsville, MN
55337-3817; �he City of Eagan, 3830 Pilot Knob Road, Eaqan, MN
55122; the City of Farmington, 325 Oak Street, Farmington, MN 55Q24;
the City of Hastings, 181 - 4th Street East, Hastings, MN 55033� the
City af Inver Grove Heights, 815p Barbara Avenue, Inver Grove
Heights, MN 554?7; �he City of Lakeville,. 20195 Iiolyoke Avenue,
Lakeville, �MN 55044; the City of Mendota Heights, 1101 Victoria
Curve, Mendota Heights, I4Il�I 55118; the City of Rasemount, 2875 -
145th Street West, Rosemaunt, MN 55068; the City of South St. Paul,
125 - 3rd Avenue North, South St. Paul, 55075j and the City of Wes�
St.�Paul, I616 Humboldt Avenue, West St�. Paul, NIl1 55118; all the
parties to this Agreement collectiveZy referred- to herein as the
"Pc"ti�'1'CI.pBritstt , ; . '
ASEREAS, eaah of �:he �articipants in this Agreement has
previausly entered in�o a contract with the Gounty ta share the cost -
and benefits of aerial photagraphy and stereo di.giti.zing to deveiap
the Geographic Information System (GiSj planimetric and contour Data
Base in Dakota County; and _ -
ASEREAB, the participants desire to expand the purpases of their
cost sharing agreement and to more clear3y define the use, purpose
and: management af the GIS Enterpra.se Fund (the w�Fund") and to
continue to update the GIS Data Base; and
AHEREAS, the respective governing bodies of the Participants
have authorized this Agreement.
NOW, TSEREFORE, in consideratian of the mutual promises and
agreements contained herein the Participants�agree as follows:
l. GENERAL PROVISIONS.
1.1 Pur,pose. The purpase of this Agreement is ta establish the
terms of cost and benefit sharing among #:he Participants in
obtaining digital aerial photography, softcopy. photogrammetry
hardware and software, training and maintenance for the softcopy
Page 1
�.
photgrammetry hardware and software in Dakota County to update the
Data Base. This Agreement shall supercede any previous agreements
between the Gounty and the Participants concerning the sharing of
costs and benefits of the GIS in Dakata Caunty.
1,2 �tecitals, The recitals set forth in the whereas clauses
above are incorporated by reference as if fully set forth hereiri.
1.3 Cooperatior�. The Participants shall caoperate and use their
reasonable efforts to ensure the most expeditious implementation of
the various prcvisians of this Agreement. The Participants agree
to, in good fait,h, undertake reso2ution of any disputes in an
equitable and timely manner.
1.4 �erm. This Agreement shall be in effect from the date of
execution by all part�ies and shall continue in effect until
terminated in accordance with the provisions herein.
2. AEFINITIONS. Unless the language or conte�ct clearly
indicates that a differen� meaning is intendad,'the following words,
terms and phrases, when capitalized, shall have the follawing
meaning:
Data Base: A geographical database in digital ferm which
incarporates planime�ri.c and contour .;Eeatures of the County,
and excluding other data iayers of the GIS in Dakota County.
3. PURCHASE QF SERVICES.
3.1' Purchase of Services by the County. For the benefit of all
the Participants, the County,shall enter inta coritracts for the
purchase of c�igit�al aerial 'photography; softcopy photogrammetry
hardware and software, training and maintenance of the hardware and
software as needed to update the GIS Data Base in Dakota County.
The Participants shall be named as third party beneficiaries an
the�e aontracts�. The County will purchase services anlp when there
is a sufficient balanae in the Fund to pay for the�,..services
purchased. � - -
3.2 �1on-exc�,usive. Nathing in this Agreement or in the cantracts
between the County and contractors referenced in Section 3.1 shall
ba interpreted to prohibit any of the Participants from purchasing
afi�tier GIS services, products or data directiy from the contractors
at their own e�anse. , .
4. COST SHARING.
4.I Costs. With the exception of aerial photo�aphy, the
Participants will share t�he costs of the hardware and software
training and maintenance purchased by the County under Section 3.1
�' o£ this Agreement as fol3.ows:
!
County
DEA
Apple Valley
Burnsville
Eagan
Farmington
Hastings
Inver Grave Heights
Lakeville
Mendota Heights
Rosemount
South St. Paul
West St. Paul
41.06�'
20.8��
2.34�
4 , 40�
5.18�
z.as�
2.30�
5.16�
5.25�
3.00�'
6.16�
1.00�
1.00�
The Participants will share the casts af aerial phatography as
indicated by Exhibit 2 for the geographic area covered by the aerial
photography, which is fully incorporated as a part of this
Agreemen�. _
4.2 F�.scal A.aent, The County shall be the fiscal agent for all
of the Participants purposes of' this Agreement. The County shall
receive and manage the money in the Fund and provide all necessary
budgetary and accounting services far the Fund.
4.3 Paymer}t and Re�.mbursement of Cantractor Costs. The
� contractors providing services or equipment under contracts with the
" Couniy pursuant Section 3.1 of this Agreement shall submi� invoices
to the County. The County shall be responsible far making payment
to the contractors. After paying tha contractorsr the County shall
be �reimbursed from the Fund ta cover each participant's pra-rata
share of the contractor�s costs previously paid by. the COunt.yr on
- the pro-rata basis set forth in Seation 4.1 or Exliibit 2, whichever
applies.
5, THE GIS DATA BASE AND MAPS.
5.1 Creation of the Data Base. The County has �r.eviously
contracted to create the Data Base and has provided a�ie a�py in
digital iorm to each Participant at no additional cost. It is the
intent of the Participants to continue this process by adding ta and
modifying the Data Base as necessary ta keep it updated. The
PaXticpants can use the Data Base internally as they deem
appropriate.
5.2 Ownership. Ownership of the Data Base shall be jointly heid
by the Participants. The County shall exercise all rights af
ownership, title and control to the Data Base unde,� federal
copyright Iaw or other law relating to confidential and/or trade
seare�. information. The Partici.pants agree that the development of
the Data Base required the skilled effarts of prafessionals in its
design and compilation and that the end product is the result of the
original work af the County, its employees and agents. Participan�s
to this Agreemen� may copy and use data so long as such use fs
cansistent with the terms of this Agreement and for internal
purposes only.
Page 3
5.3 Sale of Data Bas� and Maps. The Data Base digital data, and
maps generated from the Da�a Base, may be sold to persans or
enti�ies that are nat Participants,� at prices recommended by the
Cities GIS Committee and approved by the Dakota Caunty Baard af
Commissioners. Praceeds from sales of the Data Base by any of the
Participants shall be deposited in the Fund pursuant to Section fi.3
of this Agreement. The Participants may� include additional fees
when selling the Data Base digital data ar maps and may retain such
additional fees. The Participants can sell ather data bases
developed by them individually and may retain the proceeds of such
sales.
5.4 �Iodificatio JAdditions ta Data Base. Any additians or
modificatians to the Data Base completed by a Participant shall be
made available to the other Partioipants. Additions or
modifications to �he Data Base shall be compatible with the pre-
existing Data Base. To insure s�andardi2ation and compatibility
with the pre-existing Data Base, any additions or madifications
shall be appraved by the Caunty Surveyar before incorporation inta
the Data Base.
5.5 Capyriaht. Distribution af Data Base data by any of the
Participants shall contain a copyright as follows:
Copyright, 199 by Dakota Cour�ty. All rights
reserved. No part of this document may be
reproduced, capied or transmitted in any form or by
any means - graphic, electronie, or mechanical,
including photocogying, recording, or by information
storage and retrieval system -� without written
permission from Dakota County. C�pyright is not
claimed in discrete facts, but in the compilation,
arrangement, organization, presentation and farm of
the data, recards and inforination.
5.6 Disclaimer. Distribution af maps created from Data Base data
shal.l contain a discZaimer as follows: �...
This drawing is neither a legally recorded
map nor a survey and is not intended to be
u�ed as ane. This drawing is a compilation
of records, information and data from
variaus city, aounty and state offices and
other sources. This document should be used
for reference only. No representation is
made that features presented, accurate3y�
reflect true location. Neither Dakot�
County nar any o�her entity from which data
was obtained assumes no liability for any
errors or omissions herea:n�. I�`
discrepancies are found, please contaat the
Dakota County Survey and Land Information
Offi.ce.
Paqe 4
�
6. THE GIS ENTERPRISE FUND.
_ �.
6.1 General Purnose. There has been created a GIS Enterprise
Fund (the ��Fund") for the purpose of retaining money earned from the
sale of Data Base data and maps for the benefit of all the
Participants. Initially, the Fund shall be used to purchase softcopy
photogrammetry hardware and software •to allow the County to stereo
digitize Data Base data. After all necessary softcopy
photogrammetry hardware and software has beeri purchased, the Fund
will be used exclusively for the purchase of digital aerial
photography, training of County staff in the use of the hardware and
software and maintenance of the hardware and software.
6.2 County Manacrement. As fiscal agent,�the County shall receive
and manage the money in the Fund and provide any necessary budgetary
and accounting services related to the Fund.
6.3 Contributions to the Fund. The Participants may sell the
Data Base digital data and maps created from the Data Base to other
persons and entities consistent with the terms of this Agreement.
All proceeds from such sales, exclusive of additional fees as
allowed under Section 5.3, shall be forwarded to the County and
promptly deposited into the Fund. The County shall keep a separate
accounting of the contributions to the Fund from the sale of maps or
digital data by geographic area for each Par�ticipant based upon the
original contribution to the Fund and this cost share Agreement, and
will adjust the balance in the Fund for each Participant after
payment of its pro-rata share of�costs. Exhibit 2 of this Agreement
lists the contribution percentage by geographic area for the Fund.
Sale of the entire Data Base will be credited to the fund by the
percentages listed in.Section 4.1 of this Agreement. .
7• ADDITIONAL OBLIGATIONS OF THE PARTICIPANTS.
7.1 Contract Manaqer. The County shall be the contract manager
for the purposes of the Agreement. The County shall' administer
contracts and provide legal services for the review and d�afting of
any County contracts required by this Agreement. All caritac'ts and
correspondence with contractors shall be submitted to and received
through the County. Information received by the County from
contractors shall be disbursed promptly to all Participants.
7.2�• �rade Secrets. No Participant shall disclose to any other
person, organization or entity (except other Participants) any data
supplied by DEA which DEA has designated as proprietary or trade
secret, except where required pursuant to the Minnesota Data
Practices Act or other state or federal law regarding th� disclose
of data. _
8. GIS CITIES COMMITTEE.
8.1 Purpose of the Committee. The GIS Cities Committee has the
authority to establish general policies regarding the further
development and use of the Data Base. The Committee shall.determine
those areas in Dakota County that will be photographed in each
calendar year, subject to approval by the Count� Board.
Page 5
8.2 Membershib. The GIS Cities Committee shall cansist of
representative from each Participant. Each Participant shall have
one vote an matters that come beiore the Commit�ee.
9. INDE�MNIFZCATI4N.
9,1 Liab��.ity. Each Participant to this Agreement shall ba
liable for its own ac�s and the results thereof ta the extent
authorized by law and shall not be responsib3e for the aats of the
othar Participants, its officers, employees or agents. �Liability af
the County ar other Minnesota political subdivisions shall be
governed by the pravisions af the Municipa3 Tort Claims Act, Minn.
Stat. Ch. 466 and other a.ppl,i.cable ].aws.
10. SUCCESSORS.
successors, legal
Farticipants•and to
and assigns of such
of this i�greement.
11. �3EFAULT.
Each Participant binds itse].f and its
representatives, and assigns ta the other
�he partners, suacessors, legal representatives,
other Participants, in respect to all covenants
Force Maisure, No Participant shall be held respansible for
delay or failure to perform its obbligatia�s under this Agreement
when such delay or_�,fai2ure is due ta any af the following unless the
act ar occurrenoe� couZd have been foreseen and reasanable action
could have been taken to prevent the delay ar failure: fire, flood,
epidemic, strikes•; wars, acts of God, unusually severe weather, acts
of public authorities, or delays or defaults caused by public
carriers; provided the defaulting Participant gives natice as saon
as possible ta the other Par�icipants of the inability to perform.
12. TERMINATiON AND WITHDRAWAL.
i2.1. Terminatio» by Agreement. This Agreement may be terminated
upon mutual agreement of all the Participants. _,..
12.2. Ef�ect of Termination. Termination of this Agreement shall
not discharge any liability, respansibility or right of any
Participant which arises from the performance of or fai.lure to
adequately perform the terms of this Agreemen� priar to �the
effective date of termination. Termination shall not discharge any
ob].iqation which by its nature would survive after the date of
termination, including by way of illustration only and not
limita�tion, Standard Assurances attached hereto.
12.3. Wi�hdrawal. Any Par�icipant may, withaut cause� withdraw
from this Agreement. Such Participant shall provide at least thirty
(30� days prior written notice, by certified mail or personal
delivery to each Participant, of its intent to withdraw. The notice
sha13. include a certified copy of the resolution af the governing
board af the Participant indicating i.ts intent to withdraw from this
Agreement.
Paqe 6
12.4. Effect of Withdrawal. Withdrawal from this Agreement shall
not discharge any liability, responsibility or right of any
Participant which arises from the performance of or fai3ure to
adequatel.y perfarm the terms of tha.s Agreement prior to the
effective date of withdrawal. Withdrawal shall not disaharge any
obligation which by its nature would survive a�'ter the date of
withdrawal, including by way of illustration only and not
limitation, 8tandard Assurances attached hereta.
A withdrawing Participant sball pay its share of the costs incurred
for the project through the date of withdrawal. If payme»t is not
made in accorandance with the terms of this� Agreement, that
Particigant sha21 return alI data and inforination in its possession
far which payment has not been made and shall destroy all copies
thereof.
13. CONTRACT RIGHTS;�,REMED�ES.
13.1. �txghts Cumulative. All remedies available to a Participant
under the terms of this Agreement or by law are cumu2ative and may
be exercised concurrently or separately, and the exercise of any one
-remedy shall nat be deemed an election of such remedy to tha
exclusion of other remed3,es.
13'�:2. Waiver. The waiver af any default by a Participan�, or the
failure to give notice of any default, shaZl not constitute a waiver
of any subsequent defauit or be deemed �o be a failure to give such
notice with respect to any subsequent default. ;
14. �tEPRESENTATIVE.
14.1. �,uthorized Representative. The following named persons are
designated the Authorized Representati,ves of Participants for
purposes of t�his Agreement. These persons have authority to bind
the Participant they represent and to consent to modifications and
subcontraats, �except that, as to the County, the' Authorized
Representative shall have only �he authority specifi-oally or
generally granted by the County Board. Notification reqriirec'� to be
provided pursuan� to this Agreement shall be provided to the
following named persons and addresses unless otherwise stated in
this Agreement, or in a modification of �his Agreement..
DEA: To County:
Ed Siebenaler � Lou Breimhurst
4300 - 220#;h Street West Physical Develapment Director
Farmington, NIl�1 55p24 14955 Gal.axie Avenue
{612j 463-6267 Apple Valley, MN 55124�-$579
(612) 891--7000
City of of Apple Valley
City Administrator
14200 Cedar Avenue
Apple Valley, MN 55124
{612} 431-$804
City of Burnsville
City Manager
200 Civic Center Parkway
Burnsville, MN 55337'-3817
{612� 895-4400 .
City af Eagan
City Administratar
3830 Pilo� Knob Road
Eagan, l�I 55122
(612j 6$1-4680
City of Hastings
City Administrator
101 - 4th Street East
Hastings, 2+Il�1 55033
(612j 437-412?
City of Lakeville
City Administrator
20195 Holyoke Avenue
Lakeville, I4II�i 55044
(612) 469-4431
City of Farmington
City Administrator
325 Oak Street
Farmington, I�i 55024
(S12} 463-?111
city of Inver Grove Aeights
City Administrator
8150 Barbara Avenue
Inver Grove Heights, MN 55077
(612j 45Q-25Q0'
City of Mendota Heights
City Ad�ninistrator
1i01 Victoria Curve
Mendota I�eights, MN 55118
(6I2) 452-1850
City of Rasemount City of South St. Faul
City Administrator Gity Administrator
28?5 - 145th Street West 125 - 3rd Avenue North
Rosemount, MN 55068 South St. Paul, 550'75
�fi12} 423-4411 {612j �50-8?02
City of West St. Paul
City Manager
1616 Humboldt Avenue
West St. Paul, NIl�i 55118
( 612 ) 552-4100
14.2. �iaison. � To assist the Participants in the day-to-day
performance of �this Agreement and to develop serviae, ensure
compliance and provide ongaing consul�ation, a liaison shall be
designated by each Participant. The Participants shall keep each
ofiher continua�lly informed, in writing, of any change in the
designated liaison. At the time of execution.of this Agreement the
follawing persons are the designated liaisans: _ -�
DEA Liaison: Ed Siebenaler
Phone number: (612j 463-6267
County Liaison: Gary Stevenson
Phone number; {612� 891-708?
Apple Valley L3.aison: Richard Kelley
Phone number: (612� 953-2576 .
Burnsville I,iaison: Ja�aes Martenson
Phone number: (612) 895-4540
Eagan Liaison: Mike Foertsah
Phane number: (612j 681-46Q0
Farmington Liaison: Jay Kennedy
Phone number: {612} 463-71I.1
Paae 8
�
�
Iiastings Liaison: Tom Mantgomery
Phone number: (612) 437-4127
Inver Grove Heights Liaison:�Gary Johnsan
Phone number: (612} 45Q-25QQ
Lakeville Liaison: Bill Cooper
Phone number: {b22) 985-4530 �
Mendata Heights Liaisan: Jim Danielson
Phone number: (612j 452-1850 '
Rosemaunt Liaison: Mark Fremder
Phone number: (6121 322-2029
South St. Paul Liaison: John Sachi
Phone number: (612) 450-87t}2 -
West St. Paul Liaison: Phil Stefaniak
Phone number: (612) 552-4100
15. MoDIFICATI4Ns. Any aiterations, variations, modifications,
or waivers of the provisions of this Agreement shall only be valid
when they have been reduc�d to writing,, sa.gned by authorized
representatives.
16. SEVERABILiTY. The provisions of this Agreement shall be
deemed severable. If any part of this Agreement is rendered void,
.invalid, or unenforceabl.e, such rendering shall no� affect the
validity and enforceability of. the remainder of this Agreement
• unless the part :ar parts which are void, invalid or otherwise
unenforceable shall substantially impair the value of the entire
Agreement with respect to any Participant.
1?, MERGER.
17.1, �'a. a�n 1 Agreement. This Agreement is the final e�r`ession of
the agreement of the Participants and the complete and exclusive
statement of the terr�pns agreed upon, and shall supercede all prior
negotiations, understandings or agreements. There are na
representations, warranties, or stipulations, either ora]. or
written, not herein contained.
17.2. �hibits, E�i.ibit l,
Cost Share Al2ocatian, are
reference.
Standar.d Assurances, and F�hibit 2,
attached and incorporated herein by
•..- •
�
IN WITNESS WHEREOF, the parties have executed this Agreement on
the dates indicated below:
Apgrove as to farm:
", ;�i^�.... ��""
s i ant County Att r ey/Date
Approved as to execution:
Assistant County AttorneyjDate
Appraved by Dakota County Board
Resolutian No.
CITY C�F1 •rAPPLE VALLEY
i '7l �� � �
By W r 'ca� .26'"'./'
Title ��
Date of Sig ature -,�/ - pS'
By � � .
Title �
Date of Si zature ,� �j.y„S'
CSTY 4F HASTINGS
By� �,tl..._�� a.�.�-�----
Title .�►-:. a,
Date of S gnature c+ � Z.3 9�
BY r.-C T .zr' - .,..�.'`yti../
Title 4"„� � ,, - f ,�.'-
Date of S gn�e i.-� 3-��
COUNTY OF DAKOTA
.
J seph A. Harrxs, Chair
oard of Commissioners
Date of Signature /� -!Z -q5''
Attest ���"��'%'`'"'"�G����
Treasurer/Auditor
Date of signature � j 2�/.�' -9..5
f• ,^ �
/ r �i��i��L i►.�
�. � �� - � - �i __.�s
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CITY 4F�FARMINGTON
By
Ti
Da
By
Ti
Da
CITY OF INVER GROVE_HEIGHTS
By
Ti'
TitZ
Date
Page 10
�i
.._
...,
CITY O LAKEVILLE
By -�L�.,-l1'�Yl.,� lL�z�L.
Titl
Date of Sign ure� � � _
..
B ����",:�-~� ii: �'� �?
;
Title ' .c. �� /
Date of S nature s4
• •• • -
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CITY OF WEST ST. PAUL
By
Title
Date of S3gnature
By
Title •
Date of Szgnature
STATE OF MINNESOTA)
) ss.
CaUNTY OF }
Carporation/organizata.on
CITY OF MENDOTA HETGHTS
By
Title
Date of Signature
By -
Title
Date of Signature
CITY OF SOUTH ST. PAUL
By
Title
Date of Signature
By
Title
Date of Signature
.
�, ..
DAKOTA ELECTRZC ASSQCi1�9.'It?N'�
By
Title
Date of Signature
This instrument was acknowledged before me on , 19�;
by , {title} , f , of
Dakota Electr�.c Associat�.on,-who, being duly sworn, represents and
warrants that he/she/they is/are authori�ed by law and all necessary�
board actian to execute this contract on behalf of the
corporation/organization, intending this contract to be a legally
binding obligation af the aorparationjarganization.
Natary Public
Page 11
K95-173
�
Standard Coasulting
Reviud: 10/26/94
EXHIBIT 1
STANDARD ASSURANCES
1. NON-DISCRIMINAT[ON. During the perforniance of this Contiact, the Contractor shall not unlawfully diseriminate
against any employee or applicant for employment bxause of nce. cobr, cc+eod� re6gion, sex. national origin. disability, age, marital
:taws or public usistance atmtus. The Contractor will take ati'umative actioa to auuc+e that applicants, are anployed, and that
employxs are treated during anpbymenG withouc ualawful d'�scriiaination baxuae of their race. eotor. crxd, religion, sex, aat�oaal
urigia. disabiliLY. a8e� muital stuus or pubTia asi�stsncx staws. Sucb acxion :6all include, but not be limited to the following:
anploymen� upgnding, danotion� or transfer; recruitmeru or rocruitma►t advertising; layoff or tecmination; rates of pay or other
fom�.s of compa�saGon; and selection for training. including appt+aiticeship. The Contractor agiees to post in conspicuous places.
available to anployxs and appGcants for employment. notices which set focth the provisions of this nondiscriminadon clause.
The Contractor will. in aU solicitations or advertisements for employxs pinced by or on behatf of Contractor, state that all
qualified applicants will raxive consideration for empbymant without regard to rnce. creed. color. reGgion. sox. na6onal origin.
disability. maritmi status, or pubGc assistance status.
No funds ra:eived under this Contract shall be used w provide reGgious or sedarian training or services.
The Contractor st�ll comply with any applicsble federal or state law rcgarding non-discrimination. The following list inciudes.
but is nat meant to Wnit, laws which may be applicabk: "
A. The Eouai Emnlovment O000rtunitv Act of 19T_, as ameaded� 42 U.S.C. § 2000e et s�. which protubits discrimination in
anployment baxuse of race� cotor. reiigion. sex or national origin.
B. Exccutive Onder 11346. as una�ded� which is incocporated herein by tefec�ence� uid prohibits discriminadon by U.S.
Government contractoes and subcontractors because of race. color� religioa. sex or nntional origin.
C. The Rehabilitallon Act of 1973, as unended� 29 U.S.C. § 701 et �, uid 45 C.F.R. 84.3 (J) and (In implementing Sec.
504 of the Act which pcohibits discrimination against qualified handic�ppe� persons in the access to or participation in [edera(ly-funded
services or employmen�
D. . The Aee Discrimination in Emalovment Act oC 1967. as amended, and Minn. Stat. S 181.81 � which genecslly prohbit
discrimination because of age.
E. The Eausl Pav Act of 1963, as ameaded. § 39 U.S.C. § 306. whieh provides thst an anployer may not discriminate on the
basis of sex bY paYing employees of different sexes differaidy for th� same Mnock.
F. Minn. Stat. Ch. 363, u unendod� which generally pc+ohbits discriniuution bxause of cace, color, ereed, reGgion, nationat
origin, sex, marital status. status with regard to public assistance. disability or age. �
G. Minn. Stat. S 181.59 which prohibits diserimination against any person by c+eason of race. creed. or color in any state or
political subdivision contract for materials, sugplies or construciion. Violation of this section is a misdemeanor and any second or
subsequent violation of these terms may be cause for forfeiture of all sums due under the Contract.
H. Americans with Disabilities Acc of 1990. 43 U.S.C. §§ 13101 through 12'>13. 47 U.S.C. §§ 125; 611, with rcgulations at
=9 C.F.R. § 1630� which prohibits discrimination against qualiGod individuals on the basis of a disability in term. �pdiaon or privilcge
of emp(oyment. , _
2. AATA PRIVACY. For purposes of this Conttact all data coUuxed. crtated. received. maintained or disseminated shall be
administered eoasistent with the Minncsota Governmrnt Data Pracdces Aci. Minn. Sta� Chapter 13 and the Minnaota Rules
implemeating the qd now in force or herasftar adopted ss weA as Federal laws oa data privacy. The Contractor will strialy comply
with these statutes and ruks. All subcontracts shall cont�in the same or similu data practices compliance requinements.
3. RECORDS D[SCLOSURE/RE1'ENTION. Contractor's bonds. r000�ds� documcnts. papers� accaunting proccdures and
practices, and other evidcnxs rolevant W this Contrad aro subject to the examination. dupGcation. transcription and audit by the
County and either the Legislative or Scate AudiWr. gursuant W Minn. Stat. § 16B.06. subd. 4. Such evidencas are aLso :ubjoct to
c+�view by the Comptroller General of the Unitcd States, or a duly authorized reprosentadve. if fcderat funds are used for any work
under this Contcaci. The Contractor agras to maintain such evideaxs for a period of three (3) years froc� the date services or
payment wero last pcovidcd or made oc (ongCr if any audit in progress e�equ'ues a longer e+etention period.
4. WORKER HEALTH. SAFETY AND TRAINING. Contractor shaU be sokly �sponsibie for the health and safety of its
employers in eonneetion with the worfc performed under this Contraet. Contraetor shaQ make acrangements to ensu�+e the hes(th and
safety of all subcontractors and other persons who may perfocm work in connr,etion with this Contract. Contractoc shall ensure sll
personnel of Contractor and subcontrsctors aro propedy traincd and supervised and. when applic�able. duly licenscd or certified
appropriate to the tasks engaged in under this Conuact. Contractor shall comply with the "Occupationul Safety and Health Act" and
the "Employee Right to Know Act", Minn. Stat. § 182.65 a sr�, ., where applicable. _
K/SA3
0
D l' : J
QAKOTA COUNN SURVEY & L4ND INFORMATION
GIS COST AND RECOVERY PERCENTAGE COST SHARE
BY CfiY
GEOGRAPHIC AREA OOUMY SHARE DEA SHARE CITY SHARE
CITY �
APPLE VALLEY
BURNSVILLE
FAGAN
FARMINGTON
HASTtNGS
INVER GROVE HEIGHTS
LAKEVILLE
MENDOTA HEIGHTS
ROSEMOUNT
SOUTH ST PAUL
WEST ST PAUL
NININGER
Lotus:Fundl0.wk3
331/3
40
37
38
46
43
35
50
44
50
50
50
331/3
20
26
24
8 ,
14' }
30
12
50
331/3
40
37
38
46
43
35
50
44
50�
_..
50 `
BO�.RD OF COtTNTY COM�YIISSIO?VERS
DAKOTA COLTNTY, '�iIV1tESOT�.
DATE �ecember 5, 1995
titocian b� Commissioner g�t�q� � a
RESOLCTIOti �0. 9�-8dd
Seconded br Commissioner Maher
WHEREAS. Dakota Caunty has developed a Gsographic lnformation System {GIS} physica! database fram ae�ial
photography in cooperation with eteven cities and Oakota Eledric Association; arad
WHEREAS, the GtS physicat database is in constant need of updating beca�se of the continuous development in
�akota County; and
WHEREAS, the proceeds fcam the sate af GIS data and maps is maintained•in a GIS En#erprise Fund and is infended
for use in ugc4ating the GIS physical database; ar�d
WNEREAS. the County and its cost-share pa�tners have agreed to purchase a Softcogy photogram�etry system €or
updatir+g the physical database with tunds from the GIS Enterprise Fund and have amended their agreements for
cost•sharing of aeriat photography� photogrammetry hardware and sotiware, training and r:iaintenance; and
WHEREAS, the Caunty has received three responses to the Request for Propasais for Softcapy phatogrammetry� and
stafi and the Cities G!S Committee have recommended ac�epfance of fEza proposal submitted by intergraph
Corporation.
NOW, THEREFORE� BE IT RESOLVED. That the Chair of the Dakota County Board of Cornmissioners is authortized
to execute the revised Agreement for Cost Sharing with the eleven cities and Dakota Electric Hssociation� subject to
pravat as to form and executio� by the �akota Caunty Attamey's O�ce; and
BE !T FURTHER REStJ�VEO. That the Dakata Coun#y Directar of Physicai Developmeni is hereby authorized fo
enter into.a conirad io purct�ase the haaiwace, software� and training for a Softcopy phatagrammefry system from
Inte�graph Garporation foc the arnount oi $'! 11,365.00 plus appiicable sales tax� snbject to approva! by #he Oakafa
County Attomey's Office as to forrn and execuiion; and �
BE IT FURTHER RESOLVED, That the 1995 budget for 5urvey and Land InformatIon be amended to sho�nr the GIS
Enterprise Fund expenditure in�the amount of �i 11,365.00 plus appiicable sales ta�c. �'
Narris
Maker
Bataglia,
YES
X
X
X
Mueller X
Tu�ner X
Krause . X
Narris
Maher
Bataglia
Mueller
Tu�ntr +
Knuse
" Loeding X loedirtg
Siate af Minnesota
Cauaty of Dakota
�YIJ �.
_ -�
�
I.:�lary S. Scheide.C.�erk �o the Board of ct�e t�rnn.� af fiai:ota. Stztc nf 11ian+��:�..ir hrrrc+� eer..iti• ti�at I na1e cor.:�s;�rrd :ar
focegoiag cop4 of a resolution v�zth the ori�aal minates oi the prncerdlings af ine Boxsd oi Cuuntr i'ummisswners. Ua.keta C.�unc�•.
lfinnesuca. ax their seuion held on the 5�h dati �+f �Il112er 14�.. oow an filr :r. c!:e Caunt}•
Adminrstrauon Depattmenc, and hace faund che same tu kx a true and cnrrect cop� therroi. :
K'itnces rp�• hand and official seal of Dakota Count� this , i���"' da}' ��c �'��""Y`�'"'� . 1��'�
�--�' �l ! 1.1 . � ("� � l. ' •
Softcopy r „otogrammetry
GIS Enterprise Fund
,�, r'`
Page 1
'�
� MY I ' ►ii�l�i�iTIV�. :i :
Mazch 29, 1996
To: Mayor and City Cauncil
From: Kevin Batchelder, Interim City A s tor
Subject: Review of Proposecl Action Pl.an - Livable Communities Act
At the December 19, 1995 City Council meeting, the Council adopted a Statement of
Housing Goals as part of our participation in tha Metropolitan Livable Communities Act. In
this statement, the City of Mendata Aeights indicated ta the Metropolitan Council that we
intended ta participate in a cluster with other Dakota County municipaliiies, under the
umbrella. of the Dakota County f3RA, for the purposes of adopting a reqnired Action Plan.
(Please see attached Housing Goats Statement.}
The Dakata. County �iRA is currently workang on a proposed county-wide action pl.an
and thay are hosting meetings with the Dakata. County municipalities ta fwalize the Joint
Action Plan. The Metropolitaa Council has indicated to the Dakota County FII2A that each
individual member of the claster should provide a city specific attachment to the Action Plan.
This ciry specific attachment should address specific efforts that (1) have been made; (2) are
being made; or (3} are likely to be made within each community taward meet�ng that
community's Housing Goals Agreement. (Please see attached meeting notice.)
Ciry staff will be attending meetings with the Dakota County HRA to discuss both the
cluster's Action Plan and the production of the indi.vidual "city speeific" attachments. At this
time, the Dakota. County HRA is looking for a statement from each city that they intend to
participate in the cluster. Thair intent is to produee an Actian Plan far approval in May and
June, so that the June 30, 1996 deadline may be met. (Please see attached pmposed Actian
Plan.)
i ' 1 1' 1
This item has been placed on the agenda to hring Council's attention ta the progress in
the development of the 7oint Actian Plan. If' the City Council so desires, they should authorize
staff to canespond with Dakota Gounty HRA that we desire ta participate as a member in the
county wide cluster for the purposes of submitting an Action Flan to the Metnapolitaw Council.
If City Council chooses tbis option, they should also pmvide any direction to city st,�ff about
the pregazation of the "city specific" attachment.
HOUSING GOALS STATIIVIENT
METROFOLITAN LIVABLE CONIlVIUNITIES ACT
The city of Mendota Heights supports:
1.
2.
3.
4.
5.
6.
A balanced house supply, with housing available for all people at all income levels.
The accommodation of all racial and ethnic groups in the purchase, sale, rental, and
location of housing within the community.
A variety of housing types for people in all stages of the life-cycle.
A community of well-maintained housing and neighborhoods , including ownership and
rental housing.
Housing development that respects the natural environment of the community while
striving to accommodate the need for a variety of housing types and costs.
The availability of a full range of services and facilities for its residents, and the
improvement of access to and linkage between housing and employment.
GOAI.S
To carry out the above housing principles, the City of Mendota Heights agrees to use
benchmark indicators for communities of similar location and stage of development as
affordable and life-cycle housing goals for the period 1996 to 2010, aad use its best efforts,
subject to market conditions and resource availability, to remain within or make progress
toward these benchmarks.
crrY n�mEx BErtc�x� �o,�.
�a��ry
Ownerslup 34% 69 70% Maintain existing, oxplore attaining,
bencbmark
Rental 4°!0 35�0°!o Explore attaining benchmark •
Life-Cycle
Type (Non-single fxmily 23% 35-38% Explore attaining 35%
detached)
Owner/renter Mix 91/9% (72-7�/ Explore attaining 25°!o rental
C�-�`�
Density
Single-Family Detached 1.5/acre 1.9 2.1/acre Explore attaining 1.9/acre
Multifamily 8/acre 10/acre Explore attaining 10/acre
To at�ain the stated goals, the City of Mendota Heights elects to participate in the Metropolitan
Livable Communities Act Local Housing Iacentives Progratn, and will prepare and submit a
plan to the Metropolitaa Council by 7une 30, 1996 as part of the Dakota County cluster,
indicating the actions it will take to carry out the above goals.
CERTIFICATION
�.,.� -� �,�,..�-..�-
Mayor
j�ec �R E (��i�S-
Date
a
i�
�4
....:,1-25-96 t10N 14 � 53
�
� KC)TA COt,7NTY �
DflKOTA CflUNTY HRA
0
FAX NU, 6124238180
��c�ustng �; R��i��elopm�nr :�uchc�rity ��x.a�;.a��o
?;�h•14:c1r Sc, W. • ii.�s<���r�im�, M4 SSOE� � T.n.D. G12-423•Slol • FAX 612-4'l.i-Kltii1
MEETiNG NQTICE
METROPOLITAN LIVABLE COMMUNITIES ACT
� � DAK4TA CCIUNTY CLUSTER
Work Session
Tuesday, April2ttd
10:40 a.m. to 12:00 noon
A�kots Corrnty HRA
2d9� f4�ih Street Vttesf
Rosemount, MN 55068
� Tha pvrpose of ihe wark session is ta ereate a standard fo�mat that alt of the cluster
' communitiss in Dakota Coun�ky can use in prepa,ring a"city specific" attachment to the
Action Pian. As was discussed, the attachrnent will address specific efforts that
{' } have been made; {2} are being �nade; or �3) are likefy to be made within each
community t�award meeting that community's Hotrsing Goals Agreemer�t.
Thase communities interested in being represented at the worK sessiort are
encouraged to send one or mor� staff inembers from their planning staff to the
meeting.
Please refer any questions to Tra�eie Chamberiin at 423-5� 16
Thank yau!
�:�N ��vaL ur'i'c.�RTUNITY EMPt.C�YER"
f l
.• i �
� i 4 '
PROPOSED
MAR' � � �
� r����o6u��r��
' �������
I)AKOTA COUNTY HOUSING 8� REDEVELOPMENT AUTHORITY
FIVE YEAR ACTION PLAN
FOR THE
METROPOLITAN LIVABLE COl�'IlVIiJ1vITIES ACT
0
Dated:
November 1995
a
r
INTRODUCTION
The Metropolitan Livable Communities Act requires that participating communities adopt
housing agreements and establish an action plan for housing activities to be undertaken. In
Dakota County, there exists a county wide housing and redevelopment authority which addresses
the public sector affordable housing concerns in most communities throughout the county. It
is anticipated that Dakota County communities entering into housing agreements would cluster
together and utilize one action plan prepared and administered by the Dakota County Housing
and Redevelopment Authority (HRA).
The plan herein outlines the programs currently offered as well as the efforts anticipated
to be undertaken in the next five years by the Dakota County HRA. A five year time frame was
selected to coincide with the Consolidated Plan prepared by the Dakota County HRA for use in
administering the HOME and CDBG Programs. The Consolidated Plan addresses the housing
needs and proposed housing activides for all of Dakota County for a five year period.
A major focus of the Livable Communities Act is to promote the development and
preservation of affordable and life cycle housing in communities throughout the Twin Cities
Metropolitan Area. Housing is considered to be "affordable" if it costs no more than 30 percent
of a family's annual income. Life cycle housing is defined as housing of a variety of types and
costs. It meets people's needs and preferences as incomes and circumstances change throughout
their lives.
In compiling the attached document, it is assumed that the private sector will ensure the
development of adequate numbers of market rate and upper scale housing units. The programs
noted herein focus exclusively on the development and/or preservation of affordable hovsing.
Thus, each program plays a part in the provision of affordable and life cycle housing in Dakota
Coun.ty communities.
The Dakota County HRA endeavors to continue to provide attractive, well managed,
affordable housing opportunities for families and seniors. To the extent funding resources are
available, the HRA will continue to provide affordable housing opportunities to the citizens of
Dakota County.
1
DAKOTA COUNTY
ESTIMATE t�F ADDED UNtTS OF AFF{JRDABlE NOUSlNG
PER PAST AND PROJECTED PROGRAM FUNDING
HOUSINC CATEGORY / 19 90 — 19 95 �'j YR 1996 1997 1998 1999 2000 1995-2
PROGRAM FUNDED Fami{ Elder S Nds TOTAL F E SN F E SN F E SN F E 8N F E SN TOTAL
HOME aM/NERSHIP
.. :,... : .. :. �; : :. ...:...... ...,. .;. ..... . ..... ... . ... . . . . ..
,. ..... .......;:,.. ,. ......... ....
AEFORDABI:� EIIdANCING: s;. . .:.4x3 ` : , : . . . .. .. . . . ... ..
.::...:: .::.� .:.:.:..:.:.:.:..:: :::.�.......:.:.::. .. .. ...:..:. .:. .:;:i: 124.::':i:: .:. `:i:� . :�:.i 1,Q}'7 ::}18U ;;.:::. 0 ;,..i;. :0 t�:1,80,.. ::,.0 .,'0 ; 38p; 0;i 0 ��::18U ; �A :.0 . '.1,8p.... , p` p ;� 94D
. . . . .. .. . . . .., .... ....
Adiievedihrougt►:
Mortgage Revenue Bmds
Annual Bionding Albcation
Band Refund'ings
Mo�tgage Crcd't Certifit�tes
' Fannie97(metroj �
IiOPE ITI
Senior Housa�g Co-op... .
, .,::. .., .;, ..
: .: • .:.,. .., :,...
.;, .,: ::. .::: . .: . <:::
. _ . ,.;:,.,
,p :_ . 29D
.. .... ,.,. .
,:. . . :
.:p.:%';:.:Q :.: 50;.,_:;: ;Q. Q :.,. ..SQ:`:._:..:0::::;::::::4.;::_:54i:t>:::.�.s:..:::0, .:50:.:::. .. Q.. ;: ..
l?QWNPAYLtI31!T�./�.ai.x'".�AN�CB ::: >..::::<::��•�::>:..:. ::::::>a.:::z:::::::<•.:.::Q. :::.':::::.�=::;:Q .::<�:> . ....... ........... ........ .
A�icved through:
HOME Progmm
CDBG Downpaymert Ass4.
Federal Home Laaui Bank (state)
ECHO Fragram (metro)
. :.:. ...: :. .. ,.< - . .. . :. .. .. ... •.. ,. . ..... ::,:... . . . ..
.:: ... . ... ......... ...:::...:.: .: . . . . .: .. .. . . . .
,... , -• .. ,
...: -: . i ; . .. �::;: _' bIS
.
.:•• : : :r .::: . �:.�: , _`,.' ::. 3 : ;�,
IiOHFAWNB1tRLHAB. �::;:;; "�' , ;'I,Ibi. � '�::: .::. `��.'•i:.':'.``''.:...,.5: %'; 1,G63: ' 27l .;`:::..:. �4.::: : :.:1 ;.1?2" .:.,:::. 4 :::sl 12t,. . �.:..:.::.#: ;.:1?2:.. 0`°.:.:.:. . . 12�:. . . ......
Ad�ievcdthrough: � ... .
TreeTru�
YanhHuild ' ,
MHFA Iiome Energy Laans
DOB Federal Energy Programs
Public ucilties ca►servat;«►
impmvement I'rograms
CDBG i.rxv interestlDe£ TAans
MHFA Low Intare�. Loans
HOh3E I.aw Icics�lDei I.oan
MHFABGgked Properties
Communky Rel�ab. '
MHFA Neighborhood Preservaticn
MHFA Purchase + Reltab
AcrEssibili� Laan Progmm . .,.
. . .. ::,.;-:: .:•.,,.:�... ..., . .:....:...... .. . . .. .. ; ,- : . ::.�
, :�.� -.: � •- � .. : :: :. . .. .
..
. . .. .
: . ...
SPT�CTAL:N .,'�. DS.PIi;UG�S. .:' : '_:>:
... .12;. ;?>: Q.;:::. :::'z4 : ::;::;:. '.38 .:.�.`2. �:.:.:. .9 .:::..�2 ::.:� :. :4: � ,.2. .a.'2..:.. �:•:(1;:;. :x ;�:;✓.�.�::.:::Q ':.z .:.�'"�„ . ;Q � Z?0
CDBG Land Acquis'tion
Habitai far Fluman3y
Guild Snuth
Residutces for Persons w'fh
Developa►erYal Disabilicies
• West Sida NHS (WSP / SSP)
Manufactured iiousumg
TOTAL ESTIMATE QF ADDED
HBMEO�WNER UNlTB: 2 066 b21 31 2 738 224 d 3 2?A 0 3 224 0 3 2?A 0 3 224 0 "' 1 i3S
The number ffordable Financmg and Davnpayment Assistancc programs includc elderlyand spacial m rticipa►ns.
, Priarto1l44S, ampaymutt assistance mtinies were resetved fnr pecso� participating in HRA fis3 time ha �er programs.
DAKOTA , UNTY
ESTiMATE t�F ADDED UNITS 4F AFFCIRDABLE HOUSING
PER PAST AND PROJECTED PROGRAM FUNDING
HOUSING CATEGORY / 18 90 -- 19 95 6 YR (� 1996 1997 1998 1999 2000 1995-20
PFiOGRAM FUNDED Famil Etcler! S Nds TOTAL � F� E SN F E SN F E SN F E SN F E 5N TOTAL
RENTAI.. HOUSING
. ., ,,. .... ....:....:...:: .<:� . �:.:�<�.:> .,:..;:...,. .: :.:..::;::;::.:::. , : .;:...:::;;;.. ...
.:; ». ... , .. ,..: .. ... .. .. .. , .
N�W �UNS�UG�Qxi ��: ;:�:>::372..,:::. ::;�4 � ��2a':' 4� ": `12.4 .;::. 4Q `�`:95 ;�^«40 :. U.' 4S: 40z:: ..0 : �-45 ::::: ,Q .::• .Q r '.45 ,120' . .:'0 ;f: .164
. . ....... .... ......... ........... .::.::: : .:.:. ....... .............. .......
......... . ... . ... ... ... .. .... ... . . ........ .... . . .
..Achiaed ilrough: - . ..,.. . ... .. ... ... ... .. ... ...... ... .. .,... ....
I,owincome Iisg Taac CYediis
Federal Home Laan Bank
Family Fiousing Fund
TaxIncremerr Fin,ancing
Mortgage Revenue Bonck
HRA Bridger�onstructionLts
Essertial Fundian Bonds
Sedion $11
MHFA PinancingAdj.Fada
501(C) 3
Section �7L
CDBG Family Land Acqu'sg ioa
CDBG 3enia l,and Acquis�ion.....
. _:. . : : � �.::;... ..::::._ . • . ..::.. . ....:. • • . .
....:.: .. ,. .. .. ::::.. :::..:•.- :::,.:-::.: .
........:..:.. ........ :.. ,, __ . ..,.:�.::.....:. ... .. ....
.. .
..::. : :...._ .>:p.. .
RBI�A$c.I:PRQPBRTY:AGQ:.::;:;`: `-� .:;<:: ;:. 3A2. `:� `. :`. ::- : `0: !:'': :::<;::. .; 0 ; " � 342 ;:. .0 . ` - d "� ' 0 ... 20, >; ::0 ;, .p : q. 0: :. Q :: 0 . ... 9 .::.;:: . .20. A `.0 AO
.......... .. . ....: ... .... . .................... ... ...... ..... .. ....... ..... .... . ... .. . ...... ..... ... .,
... . . .. : .:.. .. . � :.: _. ... .
Actueved ttrough:
HUD Rental Rthab
MHFA Rental Rchab
1'H Scattered Site (205 in 3440)
� :•:.:..;.:;:::::•:-::::. ..;. ,..::�:-..;.::'.:.:<>_; . ::;-:: .
.. . : . . :. .. , . : .. . . ....: .. . ... :.: .. . ...... . :: . . : .. ::: . .. .. .
. ,. . ... :
7;�I!IA'NT$ASBDSiIBSIIIY;:;:::!'-:�<`::::::-::2d5;�;�:: :.;..38;:; .....61 : .:;;�''364',:liQ ;. 4 `';� 25„ liU 0 ., 25. Ilq"°� :0;:;; �:25;:�11.fl. , 4 ..;.25..:�,IOr"`
.. . . . . .. . .. .. . . .: .... . ... .. . . .... .. ....... ... ... .... .,.. . .: .. . , . ... . ... : ... : . ...... ...... . ... . .. .. .. .. .... . .... ... ...
0 25 � b.7S.
Achieved through:
Sedian $ CertiGcat� (I387 ia i940}
Sedion BVouchers (275 in 1490)
MHFA iW FS
&idgts
Max200
Mod Rehab
Famity HP & AP
Sheka + Care
O AL ESTIMATE O AD ED
RENTAl.. UNlTS: i Q82 41 Q 85 1 527 155 124 65 175 240 25 155 40 25 155 O 25 175 120 25 1 544
O AL ESTIMAT O ADDED
AFFORDABLE HSC,. UNITS: 3 118 1 031 116 4,265 379 124 68 399 240 28 379 40 28 379 0 28 399 120 28 2 639
In addition to thase pro�arr�s I'sted hcein, Dakata Counry has a varieiy of hameownership couriseling resoiaces available. Potential honneownership cpw�seGngresotsces include: MHFA HomeStretch, Carsumer
Ckedit Counseling, Fetecicstue PrevelYtan dc Rental Ass'atance Progsam, as well av counseling proga� �sovided through agencies such as Wast Side NHS, eta.
DAKOTA COUNTY HRA H(JMEOWNERSHlP ASSISTANCE BY CATEGCJRY
�
f�� �ai��=
�n�a.ei. Fwer�dr�a
sr..ow
tkxn.owrrMhtb
06.7%
�
Rbrusaos..�anxmP.ynwrt..aiirc.ma,�..w.r.n.«vaaww+sa*+�P�P�+ctititulkssw,,.Aon»Wy.rpcopwmt. Tt»;.toi.,
ri�a tfu[�6�ts aie IrckW�d h@r Ailotd�bb Anr�inp nispory.
`�ti ����i�i��
A1bsd�bl� Fkrndnp
Fionrow�w i;�trb
�02%
Hlr�tlt Ropf�utr
1'JA%
�
DAKOTA COUNTY HRA RENTAL ASSISTANCE BY CATEGORY
.�
��
• • , �.hU
N.w co�rats.ibn
Tirrr't Br�d 6u6afdy
MA%
�
DAKOTA COUNTY HRt�i
ACTIUN PLAN NARRATIVE FOR T�iE YEARS 1996 - 20QQ
The following narrative denotes those activities Lhat will be undertaken by the Dakota County
Housing and Redevelapment Authority (HRA) in an effort to achieve the affordable housing
goals illustrated in Table I of this document.
. s �� � • +1�+/�i��i;7.�:1l;7
Affordable Financing
* It is anticipated that 150 units of housing will be purchased annually through first time home
buyer programs fundecl by mortgage revenue bonds from the HRA's bonding allocation and
refunded bands.
* Mortgage credit certificates wiil be reviewed annually as an aptian to martgage revenue
bonds as the housing mazket dictates.
* The HRA will work with Dakota Caunty non-profit organizations such as Habitat far
Humanity and Project for Pride in Living to coordinate funding applications for affordable
home ownership programs, The purchase af approximately 3 homes ger year will be
potentially funded with HOPE III, �IC1ME and t� forfeiture land resources.
I}ownpayment Assistance
* The I�[RA will work with those ienders who have participated in past first time hamebuyer
programs to prepare an applicatian ta the Federal Hame Loan Bank for dawnpayment
assistance to 54 units of affordable hausing.
* H4ME Program funds wili be utilized to provide downpayment assistance for qualified
persans utilrizing the HRA's first time homebuyer program. This number is not reflected
in the "Downpayment Assistance" categary on Table I, as these units have akeady been
counted in the "Affordable Financing" category. In additian, Dakota County cities will
consider the use of CDBG funds for downpayment and ciasing cost laans. Far example, the
City of Eagan has set aside funds in 1996 far this purpase.
* The HRA will encourage Dakota County area lenders ta contact MHFA for participation
in the ECHO Program. The ECHO Pragram pravides downpayment assistance ta law
income first time home buyers.
Homeowner Rehabilitation
* The HRA will apply far 10 Home Energy Loans through MHFA,
* An application for 270 loans will be submitted for funding through the DOE Federal Energy
Program.
�
�
* CDBG funds will fund approximately 220 low interesddeferred rehabilitation loans for
qualified homeowners in Dakota County.
* MHFA low interest loans will be utilized to fund home owner rehabilitation for 90 units of
affordable housing. �
* The HRA will make every effort to compile and submit funding applications for various
MHFA funding sources for homeowner rehabilitation purposes. Such programs include
MHFA Neighborhood Preservation, MHFA Purchase + Rehab and MHFA Home Energy
Loans. It is anticipated that approximately 20 homes will be rehabilitated through these
funding sources.
Special Needs Programs
* The HRA will work with the Dakota County Chapter of Habitat for Humaniry to obtain
funds for the purchase/rehabilitation of lO large family homes.
* It is expected that the HRA and Guild South will obtain funding for the acquisition and/or
rehabilitation of 10 homes to provide affordable housing to persons with persistent mental
illness.
* Throughout Dakota County there exists land zoned for added manufactured housing. As
a rule, manufactured housing has been viewed as "affordable housing. " The HRA will
work with communities to provide an additiona150 units of manufactured housing per year
throughout Dakota County.
7
�
RENTAL HOUSING
New Construction
* CDBG funds and HOME Program funds will be utilized for the purchase of land for 1S9
affordable senior housing units,
* Land acquisition for the development of 225 affordable large family housing units will be
facilitated through the use af CDBG funds and HOME Program dollars. A variety of
fu3ancing mechanisms as listed in this section on Tab1e I will be utiiizeci to finance the
development of these units.
* The HRA will work with Dakota County non-profit organizatians such as Accessible Space,
Tree Trust, IFouth Build, etc., to coordinate funding applications far the construction of
approximately 1S0 housing units.
Rehabilitation / Property Acquisition ,
* Applications for a total of 40 units of scattered site housing will be submitted to the U.S.
Department of Hausing and Urban Development in 1997 and 200{}.
* Frogram income generated from past use of the I�ZHFA and I�UD Rental Rehabilitation
programs will be utilized far additional homeowner rental rehabilitation projects.
Tenant Based Subsidy
* The HRA will prepare and submit applications for a total of 500 additional units of Sectian
8 Rental Assistance certificates and vouchers.
* The I�€RA will appiy annually for funding of SC} additional units through MHFA Rentai
Assistance for Family Stabilizatian Program.
* The HRA will apply for 50 additional units oi funding through the Bridges Pragram. This
program assists peaple with chronic and persistent mental iilness.
* An appiication requesting $U new units of funding through the h��HFA Famiiy Homeiess
Prevention and Assistance Program will be submitted.
* Five new units through the Shelter Plus Care program will be requested an an annual basis.
E:3
`
DEFINITIONS OF AGENCIES, RESOURCES, AND PROGRAMS
501 (C)(3) - A charitable, non-profit corporation, as designated by the IRS, that is organized for
religious, charitable, scientific, literary, educational, testing for public safety, or prevention of
cruelty to animals purposes.
AFFORDABLE HOUSING - Housing that costs no more than 30 % of a family's annual
income.
ANNUAL BONDING ALLOCATION - An annual bonding allocation of $10,000,000 received
by the Dakota County HRA from the State of Minnesota for the operation of affordable housing
programs.
BOND REFUNDING - Refunding of prior bond issues utilizing pre-payments made by
borrowers.
CO'VIIVIUNITY DEVELOPMENT BLOCK GRANT (CDBG) - A federal program that
provides annual grants on a formula basis to entided cities and counties to develop viable urban
communities by providing decent housing and a suitable living environment, and by expanding
economic opportunities, principally for low and moderate income persons.
DEPARTMENT OF ENERGY (DOE) PROGRAMS - Fuel assistance and weatherization
programs available to assist qualified homeowners with fuel payments and weatherization
improvements of dwelling units.
ENTRY COST HOMEOWNERSHIP PROGRAM (ECHO) - Through a partnership between
the Minnesota Housing Finance Agency (MHFA) and Fannie Mae, funds are available for
downpayment assistance by combining MHFA ECHO with the Fannie Mae Community
Homebuyer's Program with the 3/2 option. MHFA ECHO provides up to $3,i?40 of
downpayment assistance. A borrower must contribute a minimum of 3 percent, the ECHO
assistance may be used for the remaining 2 percent of the required 5 percent downpayment.
ESSENTIAL FLJNCTION BONDS - A category of municipal bonds that are exempt from
federal income taxes as long as the bonds issued provide no more than 10 percent benefit to
private parties. Essential function bonds are issued by the HRA for public purposes (i.e. HRA
owned senior housing developments).
FAMII.Y HOUSING FLJND (FHF� - A private non-profit foundation which promotes and funds
affordable housing activities in the Twin Cities. Funds are allocated by the FHF Board
according to their mission, priorities, and fund availability.
FANNIE 97 - Allows homebuyers eaming up to $51,000 to make a downpayment of as little
as 3 percent of the mortgage amount.
0
FEDERAL HOME LOAN BANK (F'HI.B) - The FHLB's Affordable Housing Program offers
competitive grants and low interest laans tQ develop and/or rehabilitate rental housing and
promote homeawnership far Iow income famiiies. Their grants and loans are targeted to projects
which serve families with incomes at or below 50 percent af inedian income.
FULL CYCLE HOMEO�VNERS� SERVICES - This is a new program authorized and
funded by the 1995 Legislature. HRA's are eligible for a maximum of $25,OQ0 per year. The
purpose of the program is ta build or maintain cagacity and/or provide financial suppart far
eligible entities providing homebuyer training and support. The support can be on either a pre
or post purchase basis for low and moderate income homebuyers or owners. .An eligible
program applicant must meet criteria related to staff training and program experience.
GU1LD RESIDENCES, INC. - A private non-profit corparation that serves adults who have
serious and persistent mental iliness. Guild provides group residential treatment services and
supportive housing services to help clients acquire, get settled, and maintain their own housing.
HOME INVESTMENT PARTNERSHII" PRQGRAM (HOME) - A flexible federal grant
program, pravided on a formula basis, that gives participating jurisdictions the ability to decide
how the funds will be used to pravide affordable housing far persons at or below SQ percent af
median income, Eiigible activities include new constzucrion, rehabilitation (both rental and
homeowner), homebuyer assistance, rental assistance, and acquisition.
HOPE III - Federal funds available ta acquire and rehabilitate vacant and/or fareclased publicly
owned properties giving low income families an opportunity for hameownership.
HItA BRIDGE AND CONSTRUCTION LO�,NS - Short term consttuction financing provided
by the HRA.
LIFE CYCLE HOUSING - Housing of a variety of types and costs. It meets people's needs
and preferences as incomes and circumstances change thraughout their lives.
MAIVLTFACTI:t�tED HOUSING - A dwelling unit manufactured in a facta:ry and designed to
be transparted to a site and semi-permanently attached.
MAX 200 - A short term rent assistance program available for eligible seniors on the Section
8 waiting lists. The I�fRA uses a portion of iis HOME Program allacatian as the funding saurce
for MAX 200.
MET COUNCII. LIVABLE COMM;UNITIES DEMONSTRATION ACCOUNT - The Met
Council will have approximately $4 rnillian available annually ta fund developments that meet
specific legislative criteria. The criteria will suppart proposed projects that are campact,
efficient developments that are clase to transit and offer a vaziety of housing aptions and
employment opportunities.
10
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MET COUNCII. LOCAL HOUSING INCENTIVES ACCOUNT - As part of the Livable
Communities Act, the Met Council will have $1 million available in 1996 for the creation of
affordable and life cycle housing. The funds will require a local match and prioriry is given by
statute to cities that greatly contribute to fiscal disparities. Within Dakota County, the cities of
Eagan, Burnsville, and Mendota Heights will have priority.
MET COiJNCIL TAX BASE REVITALIZATION ACCOUNT - Approximately $6.5 million
will be made available by the Met Council for clean up of polluted sites. To apply for the
funds, a city must participate in the Livable Communities Act.
MHI+'A - Minnesota Housing Finance Agency
11gIFA ACCESSIBILITY LOAN PROGRAM - Deferred payment loans that assist low income
homeowners with home improvements that are directly related to the basic living needs of a
physically disabled person.
M�iFA AFFORDABLE RENTAL INVESTMENT FiJND - This fund consists of revenue from
the state general fund as well as proceeds and investments from agency bond sales. The
programs supported by the fund include the large family loan program which has contributed to
projects in Dakota County. The fund also offers low interest bridge loans and loans for projects
serving populations with special needs.
NhIFA BLIGHTED PROPERTIES COA�IlVILTIVITY REHABILITATION - Funds available
for rehabilitation of targeted blighted properties.
M��A BRIDGES - A rent subsidy program t�at links housing with social services for persons
with severe and persistent mental illness.
MHFA COI�IlVIUNITY REHABILITATION FUND - A program that permits local
govemments to use state revenue to conduct a variety of redevelopment and development
activities. The funds must be used in a designated neighborhood or geographic area and can be
used for acquisition, demolition, rehabilitation, and financing of new or rehabilitated housing.
11gIFA DEFERRED LOAN PROGRAM - Deferred payment loans that assist low income
homeowners in financing home improvements directly affecting the safery, habitability, energy
e�ciency, and accessibiliry of their homes.
NI�IFA FAMILY HOMELESS PREVENTION AND ASSISTANCE PROGRAM - Provides
grants to encourage and support innovations at the county, region, or local level in redesigning
the existing homelessness support system or in establishing a comprehensive system.
MHFA FIRST TIlVIE HOMEBUYER MORTGAGE PROGRAMS - MHFA has a variery of
programs available for qualified first tune homebuyers.
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Ni��'A F'TX IJP' FLTNDS - MHFA operates 3 fix up funds, the Great Minnesata Fix Up Fund,
Accessibility Loans, and the Community Fix Up Fund. Fach fund provides home improvement
loans to assist low income homeowners increase the livability and energy efficiency af their
hames.
M�g+'A HOl�� Er�RGY LOANS -Avaiiable to qualified homeowners to increase the energy
efficiency of their homes.
Ni�IFA LOW INCOME HOUSING TAX CREDIT PROGRAM - Reduces the federal income
ta�c Iiability of qualifying rentat property awners for up to 10 years. Units must be made
available to low and moderate income renters for at least 15 years. The Dakota County HRA
receives $335,OQ0 in t� credits annualiy. The credits have been used ta assist in fuiancing the
HRA's large family developments. The credits are autharized by federal law and cauld be
repealed as of Decemher 1997 if the I�ouse ta7c bzli provision is adapted.
MHFA r�EIG�IBQRi�OUD PRESERVATIQN L4AN PRUGRAM - Property improvement
loans made available for preserving housing within designated neighbarhoods.
MHFA RENTAL ASSISTANCE FOR FAMILY STABILIZATION (RAFS) - The RAFS
program provides rental assistance payments ta families on public assistance who are enroiied
in a self-sufficiency program. Each participant can receive a rental subsidy of up to $2S0 per
month.
MHFA RENTAL MURTGAGE A,ND REHABII.ITATIUN PRUGRAMS - Funds available
for a variety of low interest loans for the acquisitian, rehabilitadon, or refinancing of residential
rental units. The programs can be used by pr�vate owners as weli as pubiic agencies.
NII��'A REVOLVIl�IG LC1AN PROGR:AMS - Rehabilitation financing is made available to Iow
and moderate income homeowners who are unable to qualify for other types of assistance far
improvements that directly affect the safety, habitability, energy efficiency, and accessibility af
their homes.
MOD REHAB - Low interest loans made to owners of rental units. Owners utili�ing mod rehab
funds must rent the assisted unit ta eligibie applicants on the Sectian $ Rental Assistance waiting
lists. When the loan is repaid, the owner has fulfilled theu obligation and are no longer required
to rent to persons on the waiting Iists. Tenants occupying the mod rehab units receive a rent
subsidy while living in such units,
MORTGAGE CREDIT CERTIFICATES {MCCs) -.Another use of Mortgage Revenue Bonds.
In 1994, the HRA issued $12,500,000 in MCCs to first time homebuyers. MCCs enable a
borrower to convert a portion of their mortgage loan interest deduction to a credit for purpases
of reducing their federal income tax liability.
MORTGAGE REVENiJE BONDS (MRBs) - Issued by the HRA to assist first time
hamebuyers with the purchase of a home by making below market interest rate mortgages
available ta qualifying families. MRBs have also been used by the HRA to fi.nance affardable
rental units for private and non-profit developers.
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PUBLIC •HOUSING SCATTERED SITE - HRA owned housing units that are dispersed and
integrated into neighborhaods throughout Dakota County. Scattered site housing units offer the
tenants anonymity and allow the HRA to house families in low density environments.
PUBLIC UTILITIES CONSERVATION IlVIPROVEMENT PROGRAM (CIP) - Public
Utility Commission mandates that heating utilities provide funding for energy conservation
purposes. Funding is targeted to low income families.
RENTAL REHABILITATION LOAN PROGRAMS - Properry improvement loans available
to residential rental properry owners.
SECTION 202 - Federal program that provides capital advances to private, non-profit sponsors
for financing the development of elderly housing that offers supportive services.
SECTION 811 - Federal funding available to expand the supply of housing with supportive
services.
SErIIOR HOUSING COOPERATIVES - Cooperative or joint operation of a housing
development by those who live in it. This is a unique form of ownership in that the corporation
holds title to the dwelling units and directly assumes the mortgage, tax, and other obligations
necessary to finance and operate the development thereby relieving members of any direct
liability for those items.
SHELTER PLUS CARE PROGRAM - A federal grant program that can be used for rental
assistance and supportive services for homeless persons with disabilities.
SINGLE FAMILY CAPITAL RESERVE PROGRAM - A program that assists communities
in meeting locally identified neighborhood revitalization goals through the preservation and
rehabilitation of the existing housing stock in conjunction with assistance for affordable single
family home ownership.
SUPPORTIVE HOUSING PROGRAM - Federal grants to public and private non-profit
entities to promote the development of supportive housing and services.
TAX INCREMENT FINANCING (TI� - There are 8 districts in Dakota County in which the
HRA captures the increase in property taxes. This source of funding has been used on a wide
variety of housing activities including home ownership, HRA senior housing, and low and
moderate income family rental housing.
TREE TRUST - A nationally recognized, private non-profit corporation dedicated to education,
employment training, and environmental stewardship. Major sources of funding include utiliry
companies, and federal and state agencies. Private foundations and corporations also provide
significant support.
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TWIN CITIES HABITAT FOR - Habitat forms a partnership with families that
need and want decent housing and are willing to build or renovate in the Twin Cities area.
Habitat, with the assistance of the prospective homeowners, acquires and rehabilitates the
homes.
WESTSIDE NEIGHBORHOOD HOUSING SERVICES (WSNHS) - A non-profit
organization that serves areas of St. Paul, West St. Paul, and South St. Paul. WSNHS offers
a variety of programs that are targeted to income eligible households. WSNHS offers home
buyer counseling, mortgage financing and a variety of homeowner rehab loan programs.
YOUTHBUII.D - A program that provides specialized training, work experience, and education
for youth, 16 through 24 years of ages, who are at risk of not completing their high school
education. and are economically disadvantaged.
14
� - �. � ,� b. : � ,£� . � �. :�� �� � � *� a � � E��N T � � . . -
o�u.�� ..�o c��iq . � �.� � � . .
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_ Kick off your hunting seaso� S; Bring your faithful dog .� ,, PROUDLY SPONSORED B
� p� eparations . :; . � " �' (on.a leash, please) � , - . " � . ' � .' _
� - � - � � - Pintail Productions � -
- � - � � j � �'��` i i j ''' '— � � . � ' � - . , � ' . -
. �� -;, , . __` . ,
� � Y �-, � . . �[ .�- � _= � , � - . Kodiak Coffee
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. - - Feast Maters
- Brag, about your fishing �season � - • . �� � � :
, - - �, , ,� � �, . � � � Artifacts �Graphic.Ser-uices .
� � � �� ' ' - � - -
� -� ���: , � . Look at a new duck boat -- - Al's Sporting Clothes -
.
- � � ' - " . ` � � � � � . Get _up and Go; Inc.
.-, . . .
. - � �� � , " � � � � , j . . � � � Guns of Dist,inction .
- _ , �� ; . .
' B�-ing your kids and,get them in- " � ' � � - � � � �� , , � �AZCOYI - - �
' volved in outdoof- sporting �. �� �'ractice your tuj�key_call , _ Boat Works U.►s.A. �
,' " - � � . '. � " ��r- � � ' � : _ , . . - ~ . ,
� . � Hold, a PupPY -� • � • . � . � � �, . . . ,
give a pup a new I�ome . •�% _� � .: � � � . .
� �' ' � � � . , - � _ ` `��, . . . . . �� '. � , - -
. . Have something �to eat . � , - �"� � I'� -;� � � . - � . � . � � � .
•- - � � � r �`'�'�':• ' ' ` - _ the. NE�T�V
. �.� . .�-�. � ...
� . _ ���� = . . ; � . �. Plan a bear hunt� � _ � ` . � - � - ' .
. � _, -. .
"� Hold that new bow or gun _�
- � . � . - SPO_RTING .
Get ;shooting tips. from the .pYos � . � . EVENT � � . -
, . ,
..
.,Plan to try a new gaine sport fOy' the whole . family `�
, .
. . . , .
. - ' • ' � , • � \ • . .
. �EXPERIENCE . � �--=---------- .=-� �, � � � - � ,
,
� ` ' , � � ' . �, � �Redeerrm tliis coupon at gate, . ' � � T i� E� H�U N�T � S �
� . and. receive I
` Buy a new art print for the �den _ . j � � , ,� . - , I _ � � � . � � � � "
. . r _ � � � � , I � � $1�:00 _OFF . * .� . � . � � . � � ..
� � ' � � ' � ' ' any admission , ' ' �S ' '
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Check out that new reel � � - ' '�""F' ` `�`�
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,, • � COUPON MUST BE PRESENTED AT GATE � �s�'��� �- _ '°3'���- .
� � " ' `— _ J • ' "�`�� $ " ��` .
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. ,, �
goYetex� coat � � - � . � - • . "An Ei�ent by Pintail Productions" ' �
. • � - ' � � ' • ' .
.. – � , . � _ _ , . . . ' -
� ; - � - " FREE ON SITE PARKING � - the NEW - ` . �
. - �. .� .�� � . � - -
_ . � , • . �To 3t. Paul � , . � . � � . � . , .
� HWY 110 ' .���z� F y . ��'� � ,�. ' •� .
. Smoke a igar . . . R�lax . -. , , � � . _ .
. Enjoy the day-, rain or �sliine � � o . � , ' • � � , . . -: ' � � _ _ �" ; � � �� � e t �� � � ,
� � . . � . . � . SP��.I�.T��� . , ,
- - ' � O MENDOTA HGTS RD. � '
. . �.. - . . , . Y . � .'", ; E3V.�{� �� -
� . ; . Get your kids � _ �. � . : . . . ' J . � -
. hooked on �shing t� ` a - _ � . � . .. � . ,
' . - - - . ' � N HWY 494 � • � .
� � � � � � � (612) 432-8572.� �
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_ � , � � .- � � . r. -. . � AUGUST2,,3,4-1996,
� Share your best hunting stories . . . . . . . - _ .
� � .
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CITY OF MENDOTA HEIGHTS
MEMO
March 29, 1996
TO: Mayor, City Council and Interim Ci �strator
FROM: Patrick C. Hollister, Administrative Intern ���
SUBJECT: Midwest GameFest
Discussion
7im and Kim Tousignant have met twice with Staff recently to discuss their plan to hold a
"Midwest GameFest" on land held by �ctor Properties (an enterprise of the Tousignant
family) east of I�'ighway 35E and between Mendota Heights Road and H'ighway 494. The
Tousignants would like the event to take place from August 2 to August 4, 1996. The
event would be a sporting fair with demonstrations and vendors such as Burger Brothers
and Eddie Bauer selling equipment and apparel for hunting and fishing. There would also
be celebrity attractions such as Don Shelby and Babe Winkelman.
The site is currently zoned R-1, but is guided in the Comprehensive Plan to become
commerciaUlimited business.
Although no guns would be discharged on the site, the Tousignants envision the event to
involve the sale and display of firearms, and the sale of 3-2 beer. Staff advised the
Tousignants that these elements will be of concern to the City. Staff also informed them
that the City will be particularly concerned about issues of safety, security, parking, and
signage. The Tousignants assured Staff that they will be fully insured and offered to
indemnify the City. They also offered space at the GameFest for a booth or display by the
City Police and/or Fire Department.
The Tousignants emphasized that they envision this event to be a"family-oriented" outing.
They said that they expect from 5,000 to 7,000 people to attend the event during the three
days. The average stay for a.n individual would be about 3-4 hours. The Tousignants said
that they will provide as much parking on site as possible and have made arrangements
with St. Thomas for additional parking. They are also negotiating for overflow parking
with Visitation.
The Tousignants will make a presentation about their proposed event to the City Council
at the Apri12, 1996 meeting. Staff has informed them that if they are allowed to hold this
event it will involve obtaining several licenses, including for alcohol sales, firearm sales,
signage, and parking. The Tousignants may also have to make a security deposit and will
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definiteiy have to work closeiy with the Police and Fire departments. The Tousignants
expressed the wish to be as cooperative as possible.
Attached axe some preliminary promotional materials submitted to Staffby the
Tausignants.
12ecommendation
Such an event is not currently a pernutted use in the R-1 zone. There is little or no
precedent far an event of this nature in Mendota Heights. If the Council wishes to see this
event take place, Staff recommends that the Council consider an amendment to the Zoning
4rdinar�ca to make such an event a Conditional Use within strict parameters.
Because allawing this event would set a significant precedent for the City, and because
thi.s particular proposal cantains some elements of special concern to the City (such as
alcohol and firearms} Staffrecommends that the Ciiy proceed with cauiian ifit aliows this
event.
Cauncil Action Required
Discuss the proposed event with the Tousignants and direct Staff on haw to proceed.
+ �
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� • � ' � Pintail Praductions Presents �
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M�dwest Gamefest
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�� A proposal to the �City af Mendota Heights, Minnesota
. , , , March 18,1996 � �
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�- Pintail Productian's mission is committed to provzding th�
� , finest in outdoor e�ehibitions throu,gh premier loeutions and . .
.. ��xceptional customer servic� It is ouar intent to pravide our �.
! � .- clients a unique. oppor.tunity and provide them ma�imum �
. �acposure to iheir customer bas� . .
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Pintail Pro�uctions. woula' like to thank you far your time and
consideration of our prop�?sal. � '
� - . Jzm & Kirrt Tousignant ,
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Intro.duction � � � �
- Pintail Productioris specializes in outdoor events. We are currently
negotiating a lease/purchase agreenient with Mr. Robert C. Tousignant of �
Victor Properties. As part of those negotiations we ask the City of Mendota.
� Heights for its �nput and comments. It is our intent to foster a mutu.ally .
rewarc�ing relationship between Victor Properties Inc.,. the Gity of Mendota
�ieights and Pintail Productions. We want to assure the Ci�y of Mendota
� Heights that the.event proposed by Pintail Productions wi11 be of the highest
. quality: A well organized, �safe, and entertaining event. Pintail Productions
�� will adhere to the local ordi.nances and provisions set forth by the� City of
� Mendota. Heights.. , � � .
The Concept � � . � . � '
Midwest Gamefest is.the Unique concept of providing sports people,
with a wide variety of interests, a�n outdoor forum to �promote, educate and �
share the common enjoyment of the great outdoors. Whether your enjoyment
comes from hunting, fishing, canoe'uig, photography, �ilcing, biking, or just
relaxi.ng and taking it a11 in, the Midwes� Gamefest has something for
everyone. - � , � . �
While outdoor events are not new, it is our belief they' can only
become better through better locations, better displays, and better activi�ies.
The Location - � . � '
� Pintail Producrions' intent is to provide a site location that is divezse
and accessible for our clients and customers. T�ie property owned by Victor
Properties is such a location. Located on Mendota. Heights Road east of
L•e�cington Avenue and west of Dodd Road bordered on the south by Hwy.
494. . � � ,
1'he �site is diverse• as it has graded hills, two small ponds, and trees. �
The site is large enough�to accommodate this,event comfortably. The site has
a natural flow �rom parking on the east, through the nat�u�a� �and bridge, to the
proposed event site on the west side of the property. The pond on the north
will be utilized as a natural amphitheater for educational seminars and �
entertainment. � � � � �
The site location is'also accessible from four darections, North via
Hwy. 110-and Lexington Ave., South via 35� and Lone Oak Road, East via
' Hwy. 494 and Dodd Road (Hwy. 149�,` West via Hwy. 494 and Filot Knob
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I� � Road. We believe the accessibility of this site niakes it convenient; and
conducive to a smooth traffic flow.
� . .� �
, . Attraction � _ " .
. � Outdoor events. grab �eople's attention and hotd it! People are�drawn
� • by the desire to be outdoors. With premier location and excellent promotiori
; � . we see Gamefest as the newest� attraction to the Mendota. Heights area. V�e
'�� - believe that by worlcing with the City of Mendota Heights and its.local
; • merchants to promote this event: We can attract and support a large diverse
customer base that will be an economic benefit to the business community. �
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Participation .� , �
_� ��'here will be �many hands on �events including: hunting dog training
�• demonstrations,. Wa�terfowl calling contests, and appearances by local sports ".
. celebrities such as Don Shelby of WCCO-TV and Babe Winkleman, .
' professional fisherman. ; Also there will� be many e�ents for kids including _
� video hunting and fishing games, and a reereational area to expend excess
energy. . _ - , �
We invite the participation of local police and fire. deparlments to be
.� � on site and promote "Safe Kids" programs. We feel this would be an
opporiunity to maXimi�.� exposure to kids and reinforce safety, education, and
.� their trust in the public safety. � �
; �� There wi11 be�many things to participate in as well as see for the whole
' : family. . � � ' .
Anticipation ' � , � •
With the proper advertising and promotion the wait for such an event
will be �truly exciti.ng. Working with many different marketing strategies we �
plan to build a very memorable event for families and sports people. Rain or
Shine, Gamefest will be open .to enjoy. � So we want to invite everyone to
bring their sportuig, friends and your faithful K-9 companion (on a leash). .
Enjoy what you have been waiting for all summer. The finest in outdoor
expositions-Midwest Gamefest.
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�
i
Promotion , � �
. We are planning to use many different,marketing strategies �o bring .
alients and customers to Gamefest in iVleridota. Heights. Radio and Newsprint
have proven to be effective ways of �marketing expo�itions. We will make
full use of these valuable med.ia's. Billboards and�posters will increase
customer recognition of Gamefest. We also have plans for a Mass Mail
advertising campaign, and: to distribute brochures through our clients. Wa are
also pursui.ng sponsorslup agreements with companies such as Coca Cola,
Landmark $rewing, and Federal Cartridge. We would be honored to add the
City of Mendota Heights to �our list of sponsors, to be included on all of our
advertisements. All �of.the strategies will in tum generate the most effective '
advertising--word of mouth. We expect there to�be plenty o£ good triings to
.say about Gamefest. . � '
- Sales � � �
�. .W.e currently have several� cliei�ts that believe that the concept and .
� location are viable. We have� a potential client base of several hundred .��
� sporting good retailers and.related produEts. Pintail Productions is very �
selective on which companies meet the �quality criteria �fo display and prorr�ote
; at our events. Again it is our intent to produce an event that' wi�l be perceived
as the premier sporting.exposition. Some examples of potenrial clients are:
Ducks Unlimited, Burger Brothers sporting goods, Arrow Pontiac GMC, -
Minnesota. Horse a.nd Hunt Club, and Senator Rod Crrams. As you can seE,
these are some very.reputable names and we will be proud to welcoine them
to Midwest Gamefest. - , ,
. _. � •. .
0
0
�� • � .
, � . . ♦ .
� . • - .
Qther Importaut Issues • . �
. We'realize that in order to praduce a quality event that there are many
� additional issues that v�rill need to ,be reviewed. Pintai.l Froductions will be • ��.
� � available to discuss or meet with the proper city representatives to address ��
� ' all, but not limited �to, these issues: � � � . � �
Emergency Services ' Permits � . . �
- Site layout . L�gai � , • � -
. � Disabi.l.jity Access � Group� ti.cket purchase _'�•
. .� Site preparatiori . � Booth space requirements � 4
� Sponsorship : - " - _ Litter Disposal � .
, Faod and�Bevera.ge policies . Sanitatian needs . �
� � Traffic flow � Attendance � � �
Site access � ., � � � . Security � � �
� Parking Af�er hours security , � , � .
_ Fiare protection � St��ffing � �
� � .. .
Conclusion - � � �
, � Pir�tail Productions is committed to working with the City of Mendata.
� Heights to ensure a truly memorabie public event. We believe that our �� ,.
'' company wili be a praud'contributor to the success and excellent reputa.tion �� .
� . � of the city af Mendot� Heights. � � � � � , :-
, We have a motivated, positive, and inspired management team in �� �
. place; -with a diverse set af backgrounds �nd the com�ion goal of producing �
. � tnaly exceptional events. : We are confident that Pintail Productions is the
quality orientated company that is becomi�ng the standard for "E�xcellence in � .
Events". � � : . . � . ' .
f . .
Thank you, again, f'or your time and consideratiari: T�e look forward to a� .
.� favorable reply and our next meetr'ng. �• � '�
. m . � . . . � .lim & Kim Tousignant
. . , • � ' .
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CITY OF MIIVDOTA HEIGHTS
�� �
March 29, 1996
To: Mayor and City Council
From: Kevin Batchelder, Interi.m City Ad '� or
Subject: Establish Date for Special Meeting to Consider Planning RFP's
DISCUSSION
On March 13, 1996, City Council conducted a spe�ial meeting for the purpose of
interviewing Planning Consultants who were bidding on the City's planning services. Sally
Lorberbaum and Joe Betlej represented the Planning Commission as part of the interview
panel. At this meeting, the City Council reviewed five proposals for planning services. Two
proposals were eliminated fmm future consideration and three pmposals were tabled for a
second round of interviews.
City Council directed staff to prepare a mock application for each of the three
remaining planning consultants to review and write a report. Council would then have an
opporiunity to review their work and conduct another interview. The planning proposals still
being considered are (1) Meg McMonigal with McCombs, Frank and Roos; (2) Lynn Rabuse
with Dahlgren, Shardlow and Uban; and Steve Grittman with Northwest Associates. Pach
consultant has indicated their willingness to participate in the continued process.
In order to conduct a second round of interviews, City Council should establish a date
for another special meeting. Council should also review the attached mock application and �
provide city staff with direction and/or suggestions. Council should keep in mi.nd that, in
choosing a date for a speciai meeting, that the bidding consultants will need a week to receive
and prepare their reports. Council should also direct staff whether the consultants should be
required to provide a formal presentation of the report as part of the second interview.
ACTION REQUIRED
If the City Council so desires, they should pass a motion establishing a date for a
special meeting to conduct a second round of interviews. Council should also provide staff
with direction regarding the mock application and the second interviews.
�.
r
March 22, 1996
CITY OF MENDOTA HEIGHTS
MEMO
TO: Mendota Heights City Planner Candidates
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Mock Application
Discussion
The City Council of the City of Mendota Heights has directed Staff to create a mock
application and present it to the candidates for City Planner of Mendota Heights for
review. Please return a written analysis of this application no later than
You will notice that this application is not complete. It lacks, for example, elevations,
buildings plans, and a landscape plan. The interview committee, however, would like
comments on landscaping, building materials, etc. You may feel free to make reasonable
assumptions or invent details where they are lacking, provided that you spell out such
assumptions clearly in your analysis. If you have any questions about relevant standards at
the City, (such as fire code) feel free to call and ask for Patrick Hollister, Administrative
Intern.
The interview committee is not looking for "right" or "wrong" answers, but rather a sense
of a candidate's writing style, clarity, and comprehensiveness.
Your packet should contain the following materials:
1. A Letter of Intent from XYZ Development Corporation
2. A site plan and two maps showing the surroundings of the site
3. A copy of the Mendota Heights Zoning Ordinance
4. A zoning map of the City of Mendota Heights
We would appreciate it if you could return the above materials to us with your Planner's
Report.
One Final Note: According to the City's Comprehensive Plan, the site in question is
guided to be an Industrial Use.
Good Luck!
�
�
xyz development corporation
the sky's the limit
March 21, 1996�
Planning Commission
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Dear Planning Commission Members:
XYZ Development Corporation is pleased to present this application for a combined
hotel/restaurant/bar in the City of Mendota Heights. XYZ has consolidated agreements
with both Jollyday Inn and Chumps pending approval by the City of Mendota Heights.
The Building
The building will consist of three main components. The Hotel will have a four-story
wing and a finro-story wing. Chumps, of course, will be a one-story ground-floor
attachment to the hotel.
The hotel will have 100 rooms with two twin beds each. There will also be three
conference/banquet rooms for rent with respective capacities of 200, 100, and 50
people. The Chumps bar/restaurant will have a maximum occupancy of 200 people.
Chumps will feature a full-service menu, big-screen satellite TVs for watching sporting
events, a small game area with 2 billiard tables, and a karaoke machine.
CUP and Variances
We are requesting the following:
1. A Conditional Use Permit for a Hotel, as listed in Section 19.2(13)
2. A 31-Space Parking Variance, as described in Section 21.1(4)
3. A 20-Foot Rear Yard Setback Variance as described in Section 19.7(7)
4. An FAR Variance from .5 to .66 as described in Section 19.7(6)
5. A Height Variance as described in Section 19.7(2)
� This Letter of Intent and all accompanying materials are completely fictitious in nature, and are
not meant to resemble any current or future development proposal. Any similarities between this
mock application and any real applications or developments are purely coincidental. This mock
application is intended strictly as a component of the selection process for a new City Planner for
the City of Mendota Heights.
M
Parking
XYZ requests a parking variance of 31 spaces for the following reasons:
1. XYZ anticipates a large intersection befinreen the guests of the Jollyday Inn and the
patrons of Chumps. Chumps is not intended to be a major regional draw, but rather
primarily an accessory amenity for hotel guests.
2. XYZ has also secured a parking arrangement with our neighbor to the north for
evenings and weekends to accommodate large events such as weddings and
conventions.
The following chart shows the parking requirements according to the Zoning Ordinance
of the City of Mendota Heights and our requested variance:
Facility
Hotel (100 Rooms)
Chumps (200 Cap)
25 Employees
Total
Landscaping
Required Parking
100 Spaces
66 Spaces
25 Spaces
206 Spaces
Proposed Parking Variance
100 Spaces 0 Spaces
25 Spaces 41 Spaces
25 Spaces 0 Spaces
150 Spaces 31 Spaces
The required landscape plan will be developed following discussions with city staff and
the Planning Commission.
Building Materials
Building Materials shall meet or exceed the requirements for a Type II fire-resistive
building as defined in the Uniform Building Code.
Signage
XYZ is proposing only building signage. The Chumps signs will face west and south
and feature the standard Chumps logo on 2' x 8' back-lit signs with red letters on a
white background. The Jollyday Inn will have three signs facing north, south, and west.
They will feature the standard Jollyday Inn logo in green on 4' by 10' back-lit signs.
Rooftop Utilities
We intend to screen all of our rooftop utilities.
Thank you for your consideration. We hope to be a part of your community soon.
Warm Regards,
Geddy Pildenbermut, Vice President
XYZ Development Corporation
1650 Capitalist Drive
Indianapolis, Indiana 34123-0789
�
Jy
S
CITY OF MENDOTA HEIGHTS
MEMO
March 27, 1996
�;�
TO: Mayor, City Council and Interim City A���'���rtfator
FROM: Patrick C. Hollister, Administrative Intern `�
SUBJECT: Model Lease Agreement & Zoning Ordinance for Cell Towers
Discussion
The Council has asked Staffto research possible changes to our Zoning Ordinance to
regulate and accommodate evolving cellular technology. The City has recently received
numerous inquires from cellular companies seeking to erect antennae in Mendota Heights.
The League of Minnesota Cities has formed two task forces made up of staff from cities
axound the metropolitan area to address municipal concerns rega.rding cellular towers.
One group is assigned to create a model Zoning Ordinance for metropolitan area cities,
�" and the other group is assigned to create a model Lease Agreement.
Attached are the latest versions of both of these documents from the League of Minnesota
Cities.
Action Required
Discuss whether the attached documents represent approaches suitable for the City of
Mendota Heights and advise Staff on what steps to take next.
FA� T�ANSMISSION
LEAGUE OF MINNESOTA CITIES
I 45 UNtvERSITY AvENUE WEST
ST. PAu�. MN 55 I03•20aa
(6 I 2) 28 I- I 200
Fax: c6 I Z) 281 • I 299
�'a: t��.tr; �,k � ll 's�r'.
Fax #: �S � ' �"g `�'''
From: � n �'? �f �j�'rt3
Date: 3�/3 9L
Pages: .�.2 _ including this cover 'ga�e
COMMENT'S:
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Please deliver this facsimile transmission to he abovc adressee. If you did not receive a11 of the
pa�es in govd condition, please advise »» i,Q�'f H1 at (G12) 281-1259 at
your earliest convenience.
T�d - WbTz:bO 96� bT 21HW
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S2'�,'E LEASE AGREEMENT*
THTS SITE LEASE AGREEMENT, made thi�
day o� , 1�9_ b�tw�en City of
t"Landlord"), and
, a
argana.zed and existing under the laws of
("TenanC"}.
[RECITALS?�
For good and valuabie considera�ion, the
par�ies agree as follows:
]. . Pr�pertv Ei�eased Premises 1. Suhj ect ta
the terms and canditians of this lpase, Landlord
h�reby gran�s to Tenant the right to us� a portion
of Landlord's property, located�at
,
County af , Sta�e of Minnescta, lsgally
described in Exhibit A attached hereto t�he
"Proper�y"), subj�c� to any and all existing
�asemen�s: Landlord �.lsa granGs to Tenant the-'J
right to use a portion of �.he Water
Tower (hzreinafter the "water Tower"�, located on
the Property, as more particularly shown in
Exhibit attached hereto, on which dirzctional
antennas, connecting cables an3 appurtenances will
be attached and located, th� exact �ocation of
each ta be reasonab�,y appr�ved by Landlard's
Director of t?per�tions and Maintenance. The
entire of Landl.ord's property is d�scribEd in the
attached Exhibit A.
2. �'ee fRent}. As consideration for this
Agreernent T2nant �hall pay Landlord an annual. fee
in the amount of for the ini�ial year,
which shall be increased each year on the
anniversary date of this Agreement by 5�. The
annual fee shall bz paid in advance on the
anniversary date of this P_greement commencing an
the commencemen�. date as described in paragraph 3.
For eac�i additi�nal antenna installed by Tenant
beyond the initia]. array referenced in S�ction 5
of this P_greement, Tenant shall pdy ail a;3da.tional
fee cf $100.00 per month'which shall increase
annual2y under �he same t�rms provided
WdTz:be 9F, bt �Hn.l
h�reinabove, Zn a�ditian to th� annual fee,
Tenan� agr�es to pay any real es�a�� taxes ar
payment in lieu of taxes required as a result of
this Lease.
Fe� �Rentl. {The r�nt sha13 be incrpaszd an
�ach anniversar� af the Gammencement �ate by an
�moun� equal to the increase in the Consumer Price
jNew Brightonj Index ("CPiN} p3us onz-half of one perc�nt t.S�),
as provided h�r�in. Th� CP� shall mearx �he
"Consumer Price index - for All Urban Consumers,
A�1 Cities, Al1 Items (1967 = Z0�0)'� as published
bv the United SeaCes Department of Labor
S�atistic�, or if such ind�x shali be
discantinued, the successor index thereto, ar if
therE shall be na successor inde�, such comparable
i�dex as shall be mutually agreed upon by the
, par�i�s hereto. T� determine the annuai rental
increase �o b� paid by Lessee, the renCal for the
previaus year shall be multiplied by a percentag2
f�gur�, compu�ed trom a fraction, th� numEr�tor o€
which s�all be the CPI €or the third quarter o€
the preceding ye�r a€ the Leas�, an� the
denominator of which shall be the CPI for the
corresponding quarter of one �ear earlier. Such
fraction shall b� converted �o a percentage
equivalen�, and one-half of on� percen� t0,5�}
silall b� added �h�reto. The resulGing percentage
fixtur2 shall be multiplied by the previous vear's
rent. Lessor shall be resgonsible for
cammunicating all rental increaszs to the Les�ee.
JMS10l�2S
�-�•;00-3
�
Su4h rant shall be paid to the City or ta
such othzr persan, tirm, or place as the Lessor
may, fram time Co time, designate in writing at
least thirty i30) days in advance of any ren�al
paym�nt date.
4n the Commencement Date, Le�see shal3.
pravide to L�ssor ten (14} hand-held telephones
tMatorola Model Alpha 122540�, all o� which 2�re a
the cos�. and expens� of Lesse�. Ins�allation,
progranuning, and air time shall be Lessor�s sole
responsibility and expense.j
[Renewal Rental. Th� renewal extension term
rental amount�s shal2 continue �o be �aid in
monthly ins�allrnent� and shall be the grea�er af
the amount stated in paragraph a. or the amount
calcula*ed pursuar�t to p�.ragraph b.:
a. The annua.l rental for the �irst
five-year �xten�ien eerm shall be incr�ased to
Fourt�en Thousand Four Hundred and no1100 Dollars
`a
E'd .
WE'ltr� _ bG1 Q� _ fiT ]!4-H.1
t3 y.cs.?)
(no �.utomatic -
requirz
, notice?a
[suns�t?1
or
�ren�
adjustment]
JMSip1:29
ST44Q-?
($14,�00.00); the annual rental tor th� second
five-year �xCens�on �erm shal� be increas�d to
�Eventeen Thousand Two Hundred Eight� and no114G
�allars t$17,280.00}: �he annual r�ntal for the
third �ive-year ex�ension �erm sha�l be increas�d
to 'I�renty Thousand Seven xundred Thirty Six an�
no/140 Dollars ($20,736.00); and the annual r�ntal
f�r the �our�h five-year extension term shall be
incre�s�d �o Twent� Four Thousand Eight Hun�r�d
Eighty Three and 201104 Dollars t524,&83.20}.
L. Tha initia3 gent provided herein shall
be subject to adjustment on the commznc�m�n��da�.e
of each extensi�n �erm ("�djustment Date��) as
follows:
The base for computing the adjustment shall
be th� Can�umer Price zndex {CP1} published by the
United States �epartment o� Labor, Bureau of Labor
Statistics. Minnesot� -�31 ztems t19z32-84 = 1Q0�,
which is published for th� month that the Lease
commanced under this Agreement {��Base Index°).
Two months pricr to the Adjustment Date, Lessor
shall detErmine the Ba�e Index and the most
recently pub3.ished aforementioned CPI {"Adjus�ment
Index"f and notify the Lessee. Sf saa.d Adjus�men�
Ind�x is higher �han the Base Index, then the
�nnual Rental for the following Term sh�.11 bz set
by multiply�ing the initial annua]. rental seG forth
above bv a fzaction, the numerator of which i� �.h�
Adjustment Index plu� �he Base Index multipli�d by
50�, the.denominator of which 3.s the Base Index.)
3. Term. The NInitial Term" af this lea4e
shall be fise years commencing on the date of this
Agreement. 2enant shall h3va the right to ext�nd
this Lease for three additional automatic fiv�
year renewal pera.ods ( "kcnewal 'r�rm" ) cQmmencing
on the succzssive day �ollowinc� the terminaGicn ,
date h�reof or o£ any subsequent Renewal Term.
This lease sha3.1 automatically be renewed for each
of successive renewal eerm unless one of �he
following avents occurs: ta) Ten�nt na�.i�ies
Landlord af Tenant's int�ntion not to renew the
Lease at least 90 davs prior to the expiration of
the Initial Term or �.ny Renewal Term; ar (b>
Landlord notifies Tenan� of Landlord's int�enta.on
not to renew the Laa�e at ].zast 90 d�ys prior to
the expiration o� th� 2nitial Term or any REnewal
Term. '
4. Contznuation of AQreement [Leasel. If,
at the end a€ the third five-vear extension tzrms,
this Agreement has not been terminated by either
��
b'd
WEJ�� : bA �t� . t,T aaNi.i
�
party by giving �.he other written natice of an
intention Co terminate it at lea�t 130 days pri�ar
to the end of such term, this Agrzement shall
con�inue in £'ul.l forc� upon the same covenants,
terms, and yonditians, for a iurther t�rm oE or�E
year and for annual terms ther�after until
terminated by either par�y giving to the oth�r
wrict2n noCice of its inCention to sa termina�e at
lea�t '180 days prior to the end of such t�rm.
(bldg locati�n 5. Tenant's U�e. Ten�:nt shall use thP
and design Property for the purposa o,E installing,
subject ta rnaintainiag, and npera�ing a communications
approval of antenna facilitv and an acce�sory building, and
cztyj uses incidental th�r�co_ This use sha11 be nan-
exclusive, and Landlord specific�lly reserv�s the
right to allow the Prop2rt� to be used by o�.her
parties �nd to mak� addi�ions, deI.etions, or
modifications �c its own facilita,es an the
Property. Tenant`s cornmunications antenna
facility shali consist af an�ennas on the side of
the Water Tawer stem a].ong with cables ar�d
appurtzn�nces connected �.o an accessery buildsng
located adjacznt ta City's w�:I1 house. Tenan� may
erect �nd operate an antenna array consis�ing of
szx directional panel �.ntennas in accordance wi�h
its submitced appli.cation atfi�ached as Exhibit
T�nant m�y expand �a a m�,ximum ot 14 antennas but.
only after Landlord has abtained an evaluati,an
indicating tha� each additional antenna wi,11. not
interfere with existing�ant�nnas or praposed
antennas with a higher pridrity jin �ccordance
wa.th policy (Exhibit) and �he Watez Tower can
structurall.v support the additi�on�1 antennas. The
cos� of each eualuata.on must �e paid by the Tenan�
within 30 days after wzi�t�n notice of the �mount.
�11 improvements shall be at the Tenant's expense
and such improvementsJ including antennas and
ec,�.iprnent, shall be main�ained in � good stat� ef
repair, at least equ�.l to the standard of
maintenance of the Landlcard's facilities on the
property, and secur�d by T�nant. Tenant shall
ensurA that its use af the Prop�rty is consis�ent
with all ordinances, s�atutes and regulations of
loc�l, state anc� federal governm�n� �gencies.
[Emercrenc� Facili�.ies . In adc3ition, in the
event of a natural�or man made da.sasCer, in order
�New Bri.ghton to procect Che health, welfare, and saf�ty of the
emergenc;�] community, Lessee may �rect additional
� telecommunications facilitie� and instail
adda.tional equipmQnt on a temporary basi,s on Che
Prop�rty to assure con�inuation of service. Such
JMS101,22�
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�
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WHa7 e Fic� ac . +,T „G.n.i
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1
temporaxy operation shall. not �xc�ed 90 days
unless written approval is obtained from the
Lessor.]
Elns�allation af Ecxui�man� and Leasehald
Imurovements; Access,_Uti.lities.
a. Ten�nt sh�ll have the righ�, at its sole
cos�. and expense, to install, �perat�, and
maintain a.n accordance with good engine2ring
practices, with all applicable FCC rules and
regulations, on the leased partions-of the Tower
descr�.bed in E�ibit B attached here�o, a].1 oi the
equi.pmEnt, personal proper�v, �.nd £acilities which
facilitaties include radio transmitting and
receiving antennas (che "Antenna Facilities"}.
Tenant's a.nstallation of al1 such equipment,
personal property, and faci.lities shall be done
according to plans ap�roved by Landlord, which
approva�. shall not be unreasonablv wi.thheld. Any
damage 3one to the Lz�ndlard's prap�r�y and/or
water tawer during installation and/or during
operacian� shall be repaired at Tenant's expense
within 34 days after notificati.on of damage. The
Ant�nna Facilita.es shall remain the exclusive
propertv of the Tenant. .
Be�ore th� Tenant mav update or replace the
�ntenna Facilities Tenant must notify and provide
a detailed proposaZ to LandlQzd. Tenant shall
submiC to Landlcrd a detailed propasal for any
such replacement facilities and any suppiemental
materials as may be rea�onably requested by
Landlord. Landlord may not unr�asonably withhold
approval.
b. Tenant shall, at i�.s own expEnse,
maintain Equipment Cabinet and any equipment on or
a�tached Co the pr�mises in a safe condition, in
gaod repair and in a manner suitable to Landlord
s� as not �o conflict with the u�e o£ the premise�
by Landlord. Tenant sha21 not unreasonably
interfere with the operations of anv ot�hEr tenant
of �.he Tower and shall not inter�er� wzth the
wozking use of the water s�orage facilata.es
thereon or ta be placed thereon.
c. Tenant shall hav� the righ�, at its sol�:
cost �.nd expense, to install, operate, an3 -
maintain on the I.eased portions of the Propert�
the improvements which include a Cabinet to house
Tenant'� equipment tthe "Equipment Caba.net"). All
such improvements sha2]. be constructed with
L�ndlord's apprcval, �uch approval shaii noC be
�.�
9'd
WHG'J : bGt c1� . fir yw.i
�
unreasonably withheld. The Equipment Cabin�t and
all equiprnenC sC�ored or operated thErein, aha�I
remain the exclusivE property of Tsnant. �ubjec�
C.o the pravi�ions o£ Paragraph 7 of this Le�.se.
No equipment shall b� perman2ntly stor� on �he
Propez'ty .
d. Tenant, at all times duxing this Lease,
�ha�l have vehicle ingr�ss �nd egress over �he
Property and access to the Equipmen� C«bine+� and
rh� Tt�wzr by tt�eans of the existi.ng roadway as
describzd on Exhibit�C attached her�to.
e. Ten�nt, at� all times during this Lease,
�hczll have access t� the Property and the
Equipmen� C�►bine� in arder to inst�ll, aperate,
and rnain�ain ies transmission facilitiz�. Tenant
Shal.l have c3CCaS5 to thz Tower only with the .
approval of Landlord. Tenant shall request access
�o the T�wer twenc�r-faur {24} hours in advance,
excep� a.n an emergency, and Landlord's approval
�h�r�af �h�ll no� be unreasanably withheld.
f. Tenant shall separatzly meter charg�s
for the ccnsumptian of e3.ec�ricity and other
utilitie� associated with i�s use o£ �he leased
premises and shall pay all costs assoczated
therewith.
g.� T�nant shall provide Landlord with as-
buil� drawings of the equipment installEd on the
Tow�r and the improvements installed on the
property, which show the actival location of all
equipmen� and impravements. Said drawings sha3.1.
be accompanied by a complete and de��.iled
inventory of all equipment, persona3. proper�y, and
�,.ntenna Facilities actually placed on the Tower.
h. Tanant shall have sole respon�ibility
for Che rnaintenance, repair, and security cf i.ts
equipment, gersonai property, Antenna Faci3.zties,
and leasehold improvemnets, and shall keep �he
same in good r�pair and candition during the Lea�e
�erm. j
. [P_dditional Maintenancp Ext�enses. All
addi.�iona3 e�en�es of main�aining �.he Property,
including pa�.nting or o�h�r mainten�:nce of the
water tower on which Lessor's antennas are to be
. mounC�ed, which result from �essee's occupancy of
thz �roperty, sh�.11 be paid promptly to Lessor by
Lessee upon Lessor`s notice to Lessze of such
�ddi�ional costs.j
�2fSI012?4
5T'900-:
L'd
Wk;fbz : b0 96. bT �dW
�
(Buildinq Maint�nance.
�,. L2saee shaZl, at i�s own exp�nse,
maintain Equipment Building and anv �quipmen� on
or at�ached to the premis�s in a s�fe condit�.on,
in �ood repair �.nd a manner suitahl� so as not to
conflict with th� us� af the premise� by LEssor.
Lessee shall not unre�sonably interfzre wiCh tha
warking usz of the water storage faca.lities.
b. Lessee shall have sale responsib5.lity
far the maintenanc�, repair, and security of its
equiprn?nt, personal prapertv, �nGex�n� Faciliti�s,
and leasehold improvements, and shall keep the
same in good r�pair and condition during the Lease
term.
c. Lessee must keep the property free af
debris, rod�nts, vermin and anything or a
dang�rous, noxiaus or offensive na�ure or which
wauld create a fir� hazard, undue vibration, heat
or noise, e�c. ,
d. In the Event the Le�sor repain�s its
wat4r tower, it shall be the r�spons�.bility of the
L^-�,'SS�� to provide adequate measures �o cover the
L�ssee's hua,lding and prot�ct such facility from
paint and dzbris fallout which may occur during
the paint rzs�oration process.
[Buildinct Construction Standard�.
a. The exterior finish af the building mus�
�e brick ar a material wY�ich simulates the
appearancE of a brick f�scia. Cedar and redwaod
would be considered acceptahle alternatives.
b. A Site Landscape Plan (Exhibit B� and
Building Cons�ruction Plan sh�ll be submit�ed in
accordance with City policy and critera.a and
subject to the revizw and approval of �h2 City of
Priar Lake before construc�ion.
c. Lessee's P_ntenna Facilitzes mounted on
water tower shall, at all times be paint�d, a�
Lessee`� expense, the�same color as �he adjoining
e7.eva�ed storage tank.
6. Advances in Technoloa-�r. A� technology ,
adv�nces and improved c�ntennas �re deJ�Ioped which �
are r�u�inel.y us�d in TQnant's busir�ess, Landlord
may require in its so].e discretian the replacement
of exi,s�ing ant�nnas with thE �.mprovEd antennas i£
the n�w'antennas are more c�esthetically pleasing
JMs2o1�%9
SR'404 � 3
e•d ,
WHb7�ba oc +,T Lu��
or o�herwi�� foster a public purpose, �s long as
th� installation and use of th� improved an�ennas
are cEchnically feasible at this �aca�ion.
[Upda�inq and Replacin� Faci�ities. LEssee
Priar Lake may upda�e ar replace the Antenna Facilitie� from
time to Cime with Che prior written appro�al of
Lessor, pr�vid�d that the repl�cement facilities
are not grea��r in number than the existing
£acili�ies and tha� any change in their location
, on the leased porti�ns of Che Tower is reasonably
satisfac�or� to Les�or. Lesse� shail submit to
Lessor a detailed proposal for any such
replacem�nt facilities and any supplemental
materials �s m�y be reasonably xequested, for
L�ssor's evaluation and approval, which approval
shall not be unreasonably withheld.
[8rooklyn Park�
JN5101239
z?900-�
�improvements, Rzal Es�ate Tax�s. L�ssee will pa�
any increase in real estate taxes caused by the
improvemen�s constructed therEon by Lessee. In
the even� �haz the real estate tzx assessment on
L�ssor's prop2rty reflects Lessee's improvements,
Lessor agrees to provide to Lessee in a timely
manner, a �opy o� th� assessment. Lessee may
contest, aC �ts �xpense, any assessment imFosed on
�he Premises or LesseE's activities�.3 •
?, Access to Prdnertv. Tenant shall be
enti�led to acce�s to the Property seven days a
week, 24 hauxs a day for the purpose of
inspectfng, main�aining and repairing i�s anter�na
facility and related equipment. Only authorized
persannel, �mploye2s or aqents af Tenan� shall be
enti�led to such acce�s to th� Proper�y.
{�ccess te Pr��er�v. Corporation shall have
th� right to enter upon the water tower premises
for the purpnses o£ confirming th� exisCence and
condition of ths l�ased radio equipment or repair
of sam� only during �he normal working house of
the City. In �he even� that it is necessary fo�
Carporation to,have access to the water tower at
some time other �h�n during the normal working
hause of Cicy, City mav charge Corporation for
whatever es�pen�e, including employees' wage, that
Citv may incur in providing access to Corporat�on
to the wat�r tower.
[Riah� of Entzv. Lessox shall p�rmi� Lessez,
during the Opti�n Period including an� e�ten�ions
thereof, free acc�ss to the Property and �he
Premises, at Les�2�'s cost, to conduct �urvey�,
$
6'd
I.tHC7 r bct r�c �r vu� �
�ub�urface boring t�sts, feasibility and final
configuratian assessmen�s, environmantal
a�se�sments, and other inspecti�n� af th� Property
and Premises, at Lessee's cost, as Le�s�e rnay �de�m
necessaxy. �t thE expiration of the option Period
ar any �xtension thereo£, if Lessee has no�
�xzrcised its Option, Lessee wi21 rEstore �he
�remi9es co their original condition at the
Eff�ctive D�te, reasonable wear �nd tear
�xcepted.j .
8. Governmental Approval ConCinaencv. It
is understood and agr�zd�that T�nant's ability to
u�� the Property is cantingent upon its obtaining,
after Che ex�cu�ion �ate of this Ag�eement, all
�he C�rtiflG�t�S, permi�s, zoning and oCher
approva�� that may be required by any tederal,
�ta�e, or local �uthori�ies. This shall include
an engineering study on the Water Tower to be
conducted at Tenan�'s sxpense. Landlord shall
cooperate with Tenant in its effor�s ta abt�in and
ze�ain such �pprovals and shall take.na ac�ion
which wou3d adversely a�fect th� status of the
�roperty wi�h respect to the prQposed use �hereof
by Tenan�. In �he even� that any of such
applications should be �inally rejected or any
cer�ificate, permit, license, ar approval issu�d
�o TenanC is caneel�d, �xpires, lap�es, or is
otherwis� withdrawn or �erm�.nated by govsrnmen�al
authority so that Tenant, in it� sole discretian,
will be unable �.o use that Property for its
intended purposes, TAnant shall have the =ight to
t�rminate this Agreement. The �ermina�ion right •
sha1.3. also apply� in the event that Tenant is
otherwise, within i�s sole discretion, preciud�d
Lrom usa.ng the property for its intended purpose.
Notice of Tenan�`s exercise of its right ta
terminate �hall be given to Landlord in writing by
certified mail; return receipt requested, and
shall be 2ffecti.ve upon receipt of such noticE by
Landlord as evidenc�d by the re�urn receip�. Ugon
such termination, this Agreement shall become null
and void and all the partios shal.l have no fur�her
obligations to each other.
9. Citv Requirzment�. Tenant shaZl be
bound by the requiremen�s and standard� contained
in Citv Council Folicy No. 2-35 {the "Polic�"},
�� �ttached and made a par� of this Agreement as
Exhibit , except tho�e r�qui=emEnts and
standards which are not applicablz to Tenant or
are waived by Landlord. Tenant ackn�wledges that,
und�r the provisions of the "Policy", Landlord may
permit additional buildings to b� cons�ruct�d on
JM=101�i4
�Td�J��:
��
6T'd Wk�SZ:bO 96� bT �itiW
� its property described in Exhi.ba,t At such
�ime as �his may oc�ur, Tenant wil�. permit said
buildings ta be plac�d �.mmediat�ly adjac�nt �o •
TGn�nt's bui3.ding and will a11ow "attachmen�s" to
its buildin.g so �.5 Ga gxv2 �he appearance that all
huilding� are a connecced facility. Said
attachment� wil2 be made at no cost ta Tenant and
will not compromise the structural integri�y o£
Tenant's building.
Jrssia1�29
3T4oQ-?
�Non-Exclusive Access License.j Tenant •
£urther acknowledg�s that the license for an
access road, as ��scribed in Exhi�bi� of this
leasz, is a non-�xclusive lieense and users of the
�bove-referenced additional building(s> sha11 also
be permitted to use this raad, Landlord and
Tenant mutua].ly agree that Tenant shall have the
righ�. to collect an annual fee �rom any said users
(the amount of which shall be determined at� a
].a�er da�e) �.o offse� Tenant's cost for
eons�ruction and maintenance af said access road.
jZn�.erf�rence Studv�.j Before abtaining �
buiiding pexmit, Ten�nt rnust submit to Landlord,
at Tenan�'s experase, a radio frequEncy
a.nterference study �,ndicating that Tenantjs
a.ntended use will. not interfere with any ex�.sting
communications tacilities on the Wa�er Tower and
a.n engin�ering study indica�ing that the Wa�er
Tower is able to structurally support Che Tenant`s
tacil.ities without prejudice.to the City's primary
use as a water tower.
10. Indemnification. Tenant agrees ta
indemnity, defend, and hold harmless Landlord and
its elec�ed afficials, officers, employees,
agents, and repr�sentatives, from and against anY
and all claims, cos�s, loss�s, expenses, demands,
actions, ar causes af ac�ion, includinc� reasonable
attorneys' fees and other cc,sts and exp�nses of
2itigata.on, which may be asserted against or
incurred by Landlord or for which Landlord may be
liable, which a=ise �rom the negl��gence, willfuJ.
misconduct, or other fault of Tenan� or its
�mplayees, agents, or subcontractor� in the
perfarmance of this Lease or from the
installation, opera�ion, use, m�intenance, rep�ir,
removal, ar gresence of Tenant's tra��mission
�aci.lities a�id acc�ssory building, and relaCed
facil.itzes on the Prope=ty and the `�awer, and
specifica].ly including �hE represen�ations and
warranties of Paragraph 19 of this Lease.
�
TT'd
------ -_ _-- Wa9z : b0 _ 95, bi _ �dW
[Hazurdous Substance Indemnification. L2ssee
repres�nCs and warrants that its use of the
[Prior Lake1 ' Premises, herein, will not g�neratn and it wil�
�ot �tore or dispose on �he Przmises nor �r�nsport
�o or over the Premises any hazardous subsCance
except as specifically described hereafter:
Lessee wiZ2 locate ane or mare electr�cal �tarag�
batt�ries, temporary diesel generator and rela��d
�uel on �h� Premises to be used fvr power which
m�y be constructed of or contain a hazardous
�ubstance and furthez agrees to hold Lessor
harmless from and indem�ify Lessor against any
release�of any such hazardous substance and any
damage, loss, or expense or li3biii�y resulting
from the breach �f �his representation or £rom the
violation af any sta�e o= federal law by such
release inc�uding all attorneys' fees, cos�s and
penalties incurred as a result ther�of except any
release caused by ehe negligence of Lessor, its
emp3oyees or ag�nts, For purposes hereaf,
hazardous substance shall include, but nat be
� limi�ed �o, �ubsC�nces defined as "hazardous
subst�nces", '{hazardaus materzals: or "�oxzc
�ubstances" in the Comprehensive Environmental
Response, Campensation and Liability Ac� o� 19,�'�80,
� �s amended, �he Hazardous Materials Transporta�ion
Act and the Resource Conservation and Recov�rv
Act . }
�Prior Lake to
$2 mili]
ax��oiz::�
'uT400 -.!
i2. Insurance. Tenant shall carry adpquate
insurance to protect the partie� against any�and
al3 claims, demands, ac�ians, judgments, expenses
and liabilities which may arise out of or resu�,t,
directly or indirectly, from Tenant's use of the
Property. The golicy shall list the Landlard as
an additional insured and shall providz that iG
will be the primary couerage. `�he poiicy ;hall
tiave covezage li.rnits of �t leasC $604,000 for any
one occurrence of property darnage and $600,004 per
person and per occurrence for personal injury ar
death. Tenant st�a�.l aJ:so maa.ntain �he worker's
compensation insurance rEquired by law. Insurancz
meeting Che requirem�nts of this �}aragraph shall
be mai.ntained for the entire term of this
Agre�men�. Tenant shall provide a certificate of
i,nsuranc2 on the Landlord's approved f�om befor�
inst'alling and using the communicata.ons facili�y.
menant sh�l]. thereafter provide curzent
certific�.tes o£ insur�nce upon Landlord's request.
Tenant,shall nQC cancel the required insurance
unless 30 days' prior writ�en notice has be�n
ga.verz to Landlord.
11
zT'd � . . Wl�9z:b0 96. bT �ldW
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Eti'd
[Insurance. A� all tim�s during the T�zm,
Lessee, at its awn expense, shall maintain:
(a} general liability insurance for cZaims
for bodily injury or dz��h and property �amage
with cambined single limits of nac l�ss than
$1,000,00d per occurrence;.
{b) insur3nce coverage o� � broad €orm ba�is
insuring ag�ir,sC "all risks of dire�t physical
ioss° on �11 cf Lessee's p�r�ona� property loca�ed
in th� PremiSes in an amount not iz�s th�n their
full r•aplacem�nt value;
(c} worker's compensa�ion insurance insuring
against and �atisfying Lessee's obligation and
liabilities under th� warker's comp2nsation law�
of the state in which the Premises a�e locatzd;
and
(d? if L�ss�Q operates cwned, hi�ed ar nan-
owned vehicl�s on or abaut Ghp Prop�rty,
comprahznsive au�amobile liabili�y insurance wi�h
� limit a£ not less thar, $500,000 combined bodily
injury and property damage.
Each sueh police shall list Lesser as an
addi�ional insured, and shall provide �hat it wiil
not be terminated or substantially amended during
the Term to affe�t the coverage rzquired �xc�pt
after 30 days pr�or notice thereof Lessor.
Les��e �hall, within thirty (30} day�
�allowing Lessee's occupanc� and annually
thereafter within tw�nty {20) days following
renewal of each such policy, furnish to Lessor
certific�tes of znsuranc� 3isting Lessor as an
addi�ional insured.
[In�urance.
a. Workers' Compensa�icn, The
ContractorlTenanC musC m�.in�ain Wc�rkErs'
Compensa�ion insurance in complianc� with all
agplicable statutes.• The policy shall alsa�
provide Employer's Liability covErage w�th limits
of not less t•han $S00 400 Badily Injury each
accident, 550�,000 Bodily �njury bv dis�ase,
policy limit, and $500,000 Bodily Tnjury by
disease, Each empioy�e•
b. Genera� Liabilitv. Commercial General
Liabili�y coverag� t2nsurance S2rvices Offic� �orm
titl�?,•provxding cov�rage on an occurxence ba�is,
12
WHLZ:bO 96r bT �dW
� which policy sh�ll include but noC limi�ed to,
cav�rage for Bodil_v Injur✓, Propert;� Damagb and
Persor�al Injury Lia3aili�y, Premises/Opezata.ons
Liability, Contractual Liabzlity, Indep�ndent
Co�ztractors, and Froducts-�ompl�ted Oparations
Lidbility. 5uch coverages may bp provid.ed under
an zquivalen� po3.�.cy form so long as the form is
as broad a� the Comm�rcial G�neral Liabili�y
p�licy iarm.
JMSLOii39
�Tl40-3
Con�ractor/Tenant agre�s to maintain General
Liability c�verage o£ $S,OOO,OOf� Each �accurrence
�.nd $5,000,000 aggregate for the coverages in the
abavG paragraph. This can be satissied by �.ha
],i�nits afforded under the Commercial General
Liability Poiicy or in combination with limits
afforded�by an Umbrella or Excess PQlicy, provided
�hat the cov�rages under the Umbrella or Excess '
Policy are a� l�ast a9 broad as those by the
Commercial G�neral Liability Policy.
It is und�rstood and agr�ed that the
Contzactorl`�enant will main�ain Comp3eted
c�perations coverage for a minimum o� two years
aftar the construetian is completed.
c. �u�omobile Liabilitv. The
ContractarlTenant must carry �uComobile Liabil�.ty
�quivalent to th� Bus'in�ss Auto Pelicy (Insurance
Serv�.ces affice form title} and 5h�11 a£ford total
liability limits for Bodily znjury and/or Property
damage in the amount of $5,{304,004 per acci.den�.
This may be �ffarded under the Business Auto
P�licy, or in combination with an Urnbrella or
Exce�s Policy which provides as broad of covzrage.
CoJerage shall be provided for.Bodi2y Injury
and �roperty Damage for the ownership, use,
maintenance or operation of all owned, nan-owned
�nd hir�d automabiles ai�d other motor vehicles
used in �he project or on �he premi�es.
The prirnary Automobile Policy� $hall include
personal injury protection, uninsurEd motorists
and underinsured motorists coverages.
d. Propertv xnsurance. The
CantractorlTenant must keep in force for�the
dura�ion af the contract�/lease a proper�y policy
providing special perils coveragz. The amount of
covezage shall be su�ficien� to replace the
d�maged property, loss of use and any ordinanc� or
Iaw requirnments.
��
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r
(restore
premises�
�a51o1224
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Durzng th� constructiontinstallation the
contractor shall provide an installation �loater
in an amount at least as l�r�e as the project
cost. This �hall pravidA special perils coverage
and shall r�main in forcQ until the project is
complet�d.
e. �ddi�ianal Insured - Certific3tz o€
insur�nce. Con�ractor/Tenan� shall provide, prior
to construction/tenancy, evidEnce of the required
insurance in the form of a Certificat4 of
Insurance issued by an company trated A+ or
better}, licensed �o do business in the scate o£
Minneso�a, whicti includEs a11 coverages required
in pazagraphs a Chrough d. C4ntr�ctorlTenant will
name the City af Robbinsdale a� an Additional
2nsured on the General Liability and Automobile
Liability Policies. The City of Robbinsdale shall
be named as � loss pay�e on the property policy.
The Certificate{s) shall also pr4vide the coverage
mav not be cancel�d, non-renewed, or materiall�
changed without Chirty {30) days p�i�r writt�n
natice t�o the Cit� of Rabbinsdale.3
12. DamaQe or Descruction. Tf th� Prap�rCy
or the Tower are destroyed or damaged so as, in
Tenant's judgrnent �o hinder its effective use of
the Antenna Faciliti�s, 2Enant may elect to
t�zminate this Lease upon 3� days' written no�ice
to Landlord. In the event Tenan� z3�cts to
terminate the Lease, Tznan� shall be entatled to
r�irnbursernent of Rpnt paid subsequent to �he da��
of damag� or destruction in an amount that is
proportional to the amount of damage or
d�struction in�urred to Gh� area of the Tower
occupied by the Tenant.
13. Revocation. Landlord may ��ect to
revoke the grant pravided �or in this Agre�ment �n
accordance with the pravisions of �ection 5 0� Ghe
Palicy. In the even� �hat Landlord shall elect ta
exarcise its revocation rights hereunder, it shall
first provide Tenant with written notice o� the
intendEd r�vocation, the reasons for iC and
provida Ten�nt with a 30-day ogpor�uni�y �o
r�salve the situation which caused the notice of
revocatiQn to be transmitted, which oppoztuni�y
shall �nclud� the r�ght �c address Landlord's City
Council regarding the situation and its pxoposed
r�solution. �
14. Termination. In the
Lease is revoked by Landlord,
terminates, Tenant shall ha've
��
event that
or otherwise
30 days from
this
the
ST'd
WHA7 e FiA cc _+�'r Lw.�
JMS201224
sr�oo-�
termina�ion dat� to remo�e its antennas and
accessory b��ilding, and relaced equipmen� �rom the
Property and zestore the surfac� of the water
Tawer s�ructure. Upon �he commencemen� of �his
lease, Tenant shall deposit wi�h Landlord �he sum
af $750.40, which shall be �ullY refunded to
TsnanL upon the tim�iy removal af �he antennas an�
accessory building, and relazed equipment and �he
restoration af the Water Tower sur£ace ta �he
zeasonable satisfac�ion of.the Landlord. Sn the
event that Tenant's antennas and acces�ary
building and r�l�ted ec�.iipment are not removed to
the reasonable �atisfaction of the Landlor.d, a� it
may be extended by Landlord, the �ntennas and
accessory building and related equipment shall
become the property of �he Landlard and Tenant
sha11 h�ve no further right� thereto, provided
however, that any delays beyond said 3� days that
were out of the reasonable control of the Tenant
shal� extend said 30 day period for a periad.af
tim� to be agra�3 to by Landlord and Tenan�.
[Termination. Except �s otherwise provided
herein, this L�ase rnay be ��rminated by ei�her
parCy upon sixty �tb0) days written notice of
default to Ghe �th�r party as fallaws: {a) by
aither party upon a default of any covenan� or
�erm'hereof by �he other party, which default is
nat cured with�n si�ty t6�) days o� receip� of
written notice of dpfault to the o�her par�y
(wiChou�, however, limi�ing any other righ�s of
the parties pursuant to any other pravisions
hereaf); (b) by Tenant if i� is unable to abta�n
or main�ain any Iicense, permit or ather
governmental ap�roval necessary for the
constructian and/or operati�an of the transmission
facilities or Tenan�'s business; {c) by Tenant if
the property is or becomes unacceptable under the
Tenant's design or engineering specificatior�s �or
its ,Arltenna Fac�litiEs or the communications
sys�ems to which the Ant2nna Facilities belong;
(d) by Landlord, i� the Robbinsdale Ci�y Council
decides, in its �ole discre�ion and far any
rea�on, to redevelep the property and/or
discontznue use af the Tower for all purposes, or
(e) by Landlord if it determines, in i�s sole
discretion and �or any r2asons, tha� the Tower is
structural2y unsaund for use as a water tow�r,
including but nat limited to con'sideration of age
of Che structur�, damage ar destruction of all or
par� of the Tow�r on the Froper�y from any source,
or factors r2lating tc condition o� the praper�y.
15
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�
• Upon termination of this Leuse for any reason
pursuant to this Paragraph and given any other
uses, Tenant shall remov� its equipment, p2rsonal
property, Antenna Facilities, and leasehold
improvements from the Tower and the Prop�rcy
wi.thin six (6) months after the date of
termination, and shall repair any damage to th�
Towex and the Property �aus�d by such equipm�nt,
normal wear and tear excepted; all �t Tenant's
sole cost and expense. Any such prop�rty which is
not removed by the end of said six {6) mcnth
period shall become the property of the Landlord.]
[Liauidated DamaQes - Earlv Lessee
Termination. Notice of the L2sse�'s exercise of
its right to terminate shall be given to Lessor in
writing by certified mail, return receipt
requested, and shall be effective upon receipt of
such notice by the Lessor as evidenczd by the
return receipt. Ali rentals paid for the lease of
the Property prior to said termination date shall
be retained by Lessor. Upon such termination,
this ?�gr�ement shall becomz nul], and void and a�.1
the parties shall have no further obligations,
including the payment of money,•to each other,
except zstablished rental payments to the Lzssor
sha12 be continued for the remainder of the
current five ifive) vear lease period at the
rEduced rat� of 50% of the established rental
rata, at the time of the Agreement termination,
which amount sha].1 not exceed 150� ot the annual
rent. 'rhis clause shall not be effeccive if a
go�ernment agency cancels a permit which prevents
LGssee from using the Property for its int�nded
purpose.] ,
15. Default. If �ither Landlord cr Tenant
� fails to comply with any ot the provisions of this
?�gre�ment, including ans of the rzquirements
[material?] contained in the attached exhibics, or default on
anv of its obligations under this �greemenc,
either Landlord or Tenant may at its option
Jti�102i�9
s•r�co-3
terminate this Agreement. The t2rmination sh�ll
be e€fectiv� only after the terminating party has
given to the othex written notice of the default
and the notified party has failed to cure the
dePault within 20 days after receiving the notice.
If the default is not r�asonably capable of being
cured,within-20 days, the notified party shall
cammence to cur� the defaul� within 20 days and
sh�ll diligently pursue the cure to compleGion
within a reasonable time thereaft�r.
16
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(No iandlord
guarantee of
non-
inter;�erenceJ
.xsio��29
&T980-3
�..
16. T�mDO�`arY' Int�rruptions of Servic�.
When Landlvrd deterrnines that continued operatian
Q£ Tenant's communication �acility would �ause or
cantzibute �o an immediate LhZaat to public health
and/or s�.fety, Landlord may without prior notic2
to the tenant cause discontinuance c�f TEnant'�
communication faciia.Cy or may order Taric�rit to
disconta.nu� its operation. Ten�nt shall
ir�unedia�elv camply with such an ord�r. �ervi�e
shall be di�conGinued only Eor th� pera.od �hat the
�.mmediate threac exists. �� pzi4r natice is not
given to Tenant, Landlord shall notify Tenant as
soon as pos_ibl� afGer its action and give its
reason for �aking the �ctian, Landlord shal2 nat
be liable to Tenant or any other party for any
in�errug�ion in Ten�nt's service or in�arference
with 'renant"� oppra�ion of its communication
facility, excep� as may be caus�d by the
negligence or willful misconduc� of the Landlord,
it•s employee� or agents. I� the di�concinuance
shall extend for a period greater �han �hree days,
eithez consecuti^vely or cumulativelv, Tenant shall
have'the right �o terminate this Agreement within
its so].e discre�ion without �ny pra.or notice.
17. Interference with th� Water Tower,
Tenant shall not in��rfere with Landlord`s use of
�he Water Tower and agrees to c�ase all 9UCr1
actions which unr�asonably and xnateri�lly
3.nterfere with L«nd],ord' s u5e o� the Wa�er ,�'awEr
no later than three business days after receipt of
wri��en notice o� the in�zrference fram LancllordJ
provided tha� in the ev�nt �hat Tenant's cessation
�f actian is ma�eri�1 ta Ter�ant's use of the
Property and such c�ssa�i�on frustra�es Tenant's
use of the Property, within Tenant'M sale
discretion, Tenant shall have the immediate right
to terminate thi.s r�grezm�nt .
18. Interference with Communi�ations.
Tanant shall comply with the standards specified
a.n attached Exhibit T�nant`s use and
operation of its caicux►una.catiun facility sha11 not
interfer� with �h�•use and operation of other
communication facilitie� on the �nlater Tower which
have a higher priora,ty pursuant to Che Polic� or
which pre-existed Tenant's �acilities on the Watzr
'Tawz�. If Tenant's faci2ity� causes impermissible
interference, Tenant shall C.ake all. measures
necessary to correc� and eiiminate �he
interference. If the interference cannot�be
eliminated within 48 hcurs after rec�iving
Landlord's writ�en notice o£ the in�Er�erence,
Tenant shall immedi�tely cease aperating i�s
�
8T ' d • Wk�6z : b0 96, bt �IdW
facility and sh�•11 not reacrivate operation,
except intermittent operacion for .the gurpose of
testi•ng, until th� interfer�nce�has been
�liminaGed. If th� interferanCe c�nnat�be
�limina�ed within 30 days a�ter Tenant received
L3n�lord's writ�en notice, Landlord may at its
option terminat� th�s Agre�ment imm�d2ately.
[I�t2r�erence. In its use af �he PrEmises,
Les�e� will not interfere with the 4perations of
[N�w Brighton� Les�or �h� communications af public saEety or
�ervice agenci�s including public schools, fire
departments, police departments, sheri�f
de�artments, or th� cammunications conducted by
public �ervices provided by Lessor such�as water
and sew�r �ervices. In the event af any such
interPerence, Lesse� shall take all ac�ion�
nEcessary to eliminate such interference in
acc�rdance with reasonable �echnical standards.
�f anv such•in�erference inhibits Lessor's
apPrations on thE Property, and Lessee does no�
� correct ar commence to correct such interference
within 24 haurSr or if �h�re a=e intermediate
1evels of inter�erence and Less�e does not correct
or �ommence to corr�ct such interference within 30
days, Lessee shall discontinue operatin� such
e�uipment, on LessQr'� �emand, un3e�s and un�il it
can be �perated wi�hout inter£erence, or sha1Z
r�place the intErfering equipmznt with alternativ�
equipment t�at does not cause such interference.
L�ssQe shall additionallv have �hz option to
terrninat� this Agreemen�.
.?x:;t41�29
.�Td00-�
6'G ' d
Iniarence �tudv. Ugan wriCten no�ics by
Lessor that Lessoz has a bana £ide request frorn
any other pa�ty to �ease or otherwise occupy the
premises, Lessee agrees to grov�de the Lessor
within �he �ixty (60? davs �he radio frequencies
currer�tly in opera�ion or to be aperated in the
future of each �ransmitter and receiver in�talled
and operational on the Premises at the �ime oE
such reques�. Lessor m�y then have a ragi�ter�d
prafessi�nal angineer of Lessor's chaice perform
the nec�ssarv interference studies to insuze that
Lessee's frequEncies wi�ll not cause harmful radio
interference to other tenants. For tha purpose of
this ngreement, harmful int�rference shall be
defin�d �s transmitters that p=aduc� receiver
dis�anczng bscause of inad�qua��•frequency spacing
�etween new transr�i�.t�=s and exa.sting zeceive=�,
ar tran�mitters that producA second, third ar
�ifch order interrnodula�ion products within twenty
(20) xxz of existing receivers on t�he Premises.
LessEe shall pay to Lessor a ane-time charge far
3.$
Wt�OE : b0 96 , b t�ItJW
�..
JMSi82229
sraoo-?
the portion of such studiss r4asonably
attribu�able to Lessee's frequencies in an amount
not to exceed $4,000.
InC,erference - Subseauent Occur�ants. Lessor
agrees �hat it will requ�re any ath�r occupant� of
the Property subsequent to lessee to provide to
Less�e thes� same a�surance� against inter�erence,
and Lesscr �ha7.l have the obligation tn �la.minate
any a,nterference with the operations of L�ssee
caused by such subsequent occupants. If such
interference is not eliminat�d,, Less2e shal.l have
�he right to terminate �his Acrreement o= seek
injunctive relief enjoining such in�er�ering use
generazed by any other occupant of the Property.
No Guarantee of Noninterference. Les�or in
no way guarante�s to lessee nona.nterference wi�h
Lessee's transmission�operations, provided,
however, that in the event any other party
requests permis�ion to place any type a£
addiGional antenna or transmissi.an facilicy on the
Tower or th� Prapercy, �.he procedures of chis
Paragraph shall govern Lo determine whether such
antenna or transmissi.on facili�.y will interfere
with Lessee's transmissi.on aper�.tions.
If Lessar receives any such request, Lessor
shall submi� the proposal complete with all '
technical specifica�ions reasonably reques�ed by
Lessee to lessee €or review for non.interference.
Lessee shall have thirty t30} days following
receipt o� said proposa]. to make any objec�ions
thereto, and iaa,lure to make any ob�ecta,on within
said thirty (30) day period sha1.1 be d�emed
consent by lessee to the instal7.ation of ant�nnas
or transmission faca,lities pursuant to sai�.
proposal. �f F;essee gives notice o� objection�due
to interference during such 30 day period then
Lessor shall not proceed with such proposal.]
I9. Ret�resentations and Warranties.
a. Landl.ard represents that; (a) it
has good and marketabl� ti�.le to �he
�roperty, which it owns in fee �.s described
in the attached Exhibit , subjeet �o the
easements o£ record, and that ib) Tenant
shall have the quiet enjoyrnent of tha�
Property during the t�rm of this Lease, or
any renewal thereof, in accordance wi�h the
terms of this i,ease. Landl.ord further
warran�s that i�s Mayor and City Manager have
19
Wk�OE : b0 96 � bT �dW
3xs1o1^2S
STQ00-�
IZ'd
th� full right, power; and authority �o
execute this Lease on behalf o� the �andlord.
b. Tenant represen�s and warrants �hat
its us� of the Premises, herein, will not
genera�e and i� will nat stor� or dispose on
the Premises nor transport to or over the
Fremis�s any hazardous substance except as
apecifically described h2reafter: �enant
will lacate one or more electrical storage
ba*teries, temparary diesel generator and
related fu�l on the Premises ta be used for
power which may be constructed of or contain
a hazardous substance and any damage, 1oss,
or �xpense or liability re�ulting from the
br2ath of ��is representat�on or from the
violation of any s�ate or Eederal law by such
releas� includzng all attorneys' fees, costs
and penalties incurred as � r�sul� thereot
except any release eau�ed by the negligence
of Landlord, i�s empioyees or agents.
[Environmental Matters.
{a� Lassee will be solely respansible for
and will de�end, indemn�fy,and hold LesSor, it�
agen��, and employees harmless �rom and agains�
any and all dir�ct claims, cost�, and liabalities,
�1`including attorney's fees and costs, arising out
of az in connzction with the cleanup or
restoration of �he Pzemises associ��ed with the
LesseE's use af Hazardous Materials.
{b) Lessor wil2 be solely responsible for
and will defend, indemni�y, and hcld Le�see, i�s
agen�s, and employees harmless £rom and againsG
any and �lI direct claims, cost�, and liab�lities,
including at�orney's fees and costs, arising out
of or in connection with the removal, cleanup, or
resCaration of Che Premises' with respect ta
Hazar�ous Materials from any and. all sour�6s o�her
than those Hazardous MaGerials introduced �o the
Premisas bv Lessee. Nothing here�n shall be
deemed a waa.ver by the LEssor of the limita.tions
can ii�bility s�� forCh in Minnesota Statutzs,
Chapter 466.
(c) "Hazardaus Matera.�ls" means asbestos ar
any hazardous subst�nce, waste, or materia].s as
defin�d in �ny �edera2, state, or local
environmental or sa�ety l.aw or regul.ation
inc�uding, but riot limited �a, CER4LA. Le�see
shal.Z state the nature of hazardous ma�Eri�.3s at
E3►J
WaTE:bO 9C,, bT �IHW
ndsiolz�a
sr�op-,
ZZ'd
the �acility including asb�s�os, batteries and
fuel supply.)
20. AssiQnment. This Agreement [or rights
thereunder� may not be sold, assigned, ar
transferred at any tim� by Tenant �xcept to
Tenant's affiliates ar subsidiarie�. As to o�her
parties, this ��reemer�t may not be sold, assignad,
or transferred without the written consent of the
Landlord, such consent not �a be unreasan�bly
withheld. This lease shall xun with the ProperCy
described on Exhibit This lease shall be
binding upon and inure to the bene�it o£ the
parties, their respectiv� successors, personal
representatives and assigns.
21. Waiver o£ Landlord's Lien. Except in
the e�enz of `�Default � , "Revaca�ion� , or
"Termination" as described in �hose paragraphs 13,
24, and 15 under the terms of �his lease, Landlord
her�by waivQs any and all lien rights it may have,
stat�.�tflry or otherwise, concerning the A.zztenna
Facila.t�es or any portion �hereof, regardless o£
whether or nat same is deemed rec�l or personal
property under applicable laws,.and Landlard gives
7.'nnant the right to remove all ar any portion of
same fram time to time in Tenant's sole discretion
and wa.thout Land2ord's con�ent.
tWaiver of Subraaation. Lessor and Lessee
each waive any and 311 rights �o recQvzr agains�
the other, or ag�inst Ghe officers, directors,
sh�.r�holdexs, partners� joinC ventures, ernplo�rees,
agents, custamers, invitees or bus�.ness visitars
o� such other party, far any loss or-damage to
�uch waiving party arising from any �cause coverEd
by any pr�perty insurance required to be carried
�ursuant to this sec�.ian or any other property
insurance actually carried by such party. Le�sor
and Lessee, £rom time to time, will cause their
r�spective insurers to i�sue appropraate waiver of
subrogation righ�� endorsement� �o all praperty
insurance policies carried in cor�aection with the
Tawer or th� Premi�es or the contents af eit�her.]
[Condemnation. In �he event the whole o� the
Property is taken by eminent domain, �his Lease
shall terminate as ot the date titl� to the
Prvperty ves�s in the condemning authority. In
event a portion of the Froperty is t�ken by
zminen� dom�in, eith�r par�y shal7. have the right
to t�rmina�e this Lease as of said date af title
transf�r, by �iving thirty �34} days` wri�.ten
notice to the other part�r. Tn th� event of any
21
Wt-IT� � ba ac _ +�r vw.i
[is arbitration
desirable?7
JN.�301'%3?
STa40-3
�
taking under the power o£ eminent domain, Lessee
shall not be entitled to any portion of the reward
paid for the taking and the Lessor shall rece�,v�
fu13. amaunt of such award. Lessee shall hereby
express�.y waive any right or claim to any gortian
therea€. Although �11 damages, whechEz awarded as
campensation for dirninut�.on in value of �he
leasehold or to the fee of the Property, shall
belong �o Lessor, Lessee shall have �he right ta
claim and r�cQvpr from the condemna.ng au�horitv,
but nat from Lessor, such compensation as may be
separatelX awarded or recoverable by Lessee on
account of any and alI damage �o Lessee's business
an� any cos�s ar expenses incurred by Lessee in
movzngtremoving its equipment, p�rsonal prvperty,
An.tienna Facilitxes, and ].easehold impravements.�
22. Entorcement and Attornevs' Fees. Tn the
�vent that either party hereto shall institute
suit ta enfarce any rights hereunder, the
prevailing parry shall be ent�i�led to recover
ca�rt costs and reasonable attorneys' �ees
incurred as a result of such appeal.
23. Nota.ces. A11 no�,ices he=eunder rnust be
in writa.ng �nd �hall ba deemed va3id3.y given if
sen� by certi£ied mai1, return receipt requested,
addressed as fallaws {or anv o�her address that
the party--to be notified ma� have designated to
the sender by like notice):
If �to Landlord, to:
If to Tenant, to:
with a copy to:
{ Au�hority. Each•af the individuals executing
this AgreemAnt on behalf of the Le�see or the
Lessor represents to the other parGy that such
individual xs authorized to do sa by requisite
aGtion of the party to thiS Agreem�nt. ��
I�is,,,putes. ?�ny claim, controversy or dispuGe
arising out of this. Agreement shall be settled by
arbitration in accordance with the applicable .
22
E�'d , '
LIH7c . �-,ra oc �..r ��ui i
rules of the Americun Arbitration �ssociation, and
judgment upon rhe award rendered by the arbitra�or
may be entered in�any �our� having jurisdic�ion
thereof. The arbitration shall be conduct2d in
the county where the property is located.]
24. Bindina Effect. This Lease shall run
with thE Property describzd on ENhibit Th�s
Agreement shall extend co and bind the heirs,
personal representativss, succ�ssors and assigns
o£ the parties hereto.
25. Misceil3neous.
a. [Esta��el Inforrnation.j Each party
agrees to iuznish to th2•ather, within ten
day�s aft�r request, such truthful estoppel
information as �he ather may reasonably
request.
b. [Complete Aareement._j This LEase
constitutes the entire agreement and
understanding of �he parties and supersedes
all o�fers, negotiation�, and other agreemenC
of anv kind. There are no representations or
understandings of any kind no� set for�h
herein. Any modiiication a� or amendment �o
this Lease must be'in wri�ing and execut�d by
both�partzes.
c. �Governinq Law.j This Lease shall
be construed in accardance with the laws of
the S�at� of Minnesata.
d. [Severabilitv.3 zf any term o�
this LQase is found be vaid or invalid, such
invalidity shall na� af£ect the remaining
terms of this Lease, which shall continue in
full force and effect.
ZN WITNESS WHEREOF, the partias her�to
have set their hands and a£fixed their respective
seals the day and year first abov� written.
LANDLORD:
JMsio,tzzQ
=T�00-3 �
23
CITY OF MI�INETONKA
By : -
Mayor
And:
Ci�y Manager
bz'd
I.H-I�C . �ra n� Lm ♦ n �� �
JMS2o2223
5f4Qa-3
sz•d
TENANT;
STA'T'E C7F MiNNESOTA)
)SS:
CQUNTY QF HENNEPIN}
The foregaing ins�rument was acknowledged
befor2 me �.his day oi ,
19 9_,,, by
, �he Maya= and City Manager
respec�ively of the Ci�y of , on
behalf o� the corporation.
Notary Public
ST?�TE QF )
)SS:
COUNTY OF )
The foregoing ins�rusnent was acknowledged
be�ore me �ha.s day' of ,
199,_,.., by , che
of ,
on behaZ� of the corporation.
!ee�a
Notary Fublic
�_iurr . �r, .-.�
% l4RR �9 ' 96 03 � �SAM
j+ �
DRAFT 4UTLZNE OF ZOxiING REGULATIONS
League of Minnesota Cities PCS Zoning Work Group
March 27, 199&
y•�� :r• • =e
P.Z
Ca,mmen G: I� i s recommended tha t each ci ty es ta.bl i sh a
wxitten purgo$e and zn�ent to pravide cZea,r di.rec�ion and
understanding of the regulations. It should be no�ed that
�he par�icipants of this 2o�ing xeg�z.Zat.zon ou't.�ine
r�stricted th�ir research and recommendations to tawers and
antennas used for personaZ corrunuzzicatian services (PCS1.
Thzs zoning outZz,�e has not been prepared wi�h the intent of
regulating other types of an�ennas and �owers such as radia
and te.Zev.is�on a�ztez�zias, residen�ial sa�el2ite dishes, or
public safety transmi�tere.
.J .: I • '
• The purpose of this Ordinance is �.o establish predicable
and baJ.anced regulations for the siting and screening of
wireless communica�ians equipment in arder to accommodate
the grawth ot wireless communicatzon sys�.ems wi�hin the
City of �in�er� municipality} while proteaCing the pubiic
against any adverse impacts on the Ca.ty's aesthetic
.resources and the publi.c welfare. fBos�an, MA1
The regulations and requirements of this Ordinance are
intended to 1) provide for the appropria�e loca�ion and
development oE communication towezs to serve the
residen�,s and businesses in the City of tinsert
municipaZity); 2) minimize adverse visu�l effects of
towers through careful design, siting, and vegetative
�creening; 3) avoid potential damage to adjacent
properties from tower failure through engineering and
care�ul siting of tower structures; and maximize use of
any new or existing communication tower to reduce the
number of tawers needed. l�'uniper, FL)
• The purpose of these mina.mum s�ar�dards for the
Cons�ruCtion and faciJ.ity si�.ing is, 1) to mi,nimize
adv�rse visual effects of towers �hrough careful design
_ and siting standards, 2) �o avoid paten�ial damage to
adjacent properties from tower failure through
�ngineexing standards, and 3} to maxa.mi2e �he use of
existing and approved towers and build.ings to accommodate
new wixeless �Gelecommunication antennas in arder to
reduce the number of towers n.eeded ta service the
community. {wording u�der consideration ,by 82ooming�an,
MN)
MAR 29 '96 03�z6AM
Draft Outline of PCS Zoning Regulations
March 27, 1996
II. pefini.tiqn�
�onunen t : Ia order
for PCS antennas and
specific definitions
from "essential serc
of ten exemp t from 1 oc
may also be used to
towers as shown in t1
�xa.tr�n.I es ;
P. 3
Page 2
to establish specific Zoning standards
towers, each municipality should adopt
for such devices �o distinguish them
'ices" or "public utilities"' which az�e
�al zoning ordinances. Such defini tions
apply to other types of antennas artd
�e examp.Z es be3 ow.
Antenna - Equipment used for transmitting or rec�iving
telecommunication, television or radio signals, which
is located on the exteriar of, or outside of, any
buiiding or structure (Spring Lake Paxk, MN)
A device used to transmit and/or receive radio or
elzctromagnetic waves between terrestrially and/or
orbitally based structures (Burnsville, MN)
Any structure or davice used for the purpose of
collecting or radiating electromagnetic waves,
including but not Iimited to directi.onal antennas, such
as panels, microwave dishes, and satellite dishes, and
omni-directional antennas, such as whips. (wording
under consideration by Bloom:ington, MN1
Commercial Receiving and or Transmitting Antenna - Any
antenna erected for the commercial use of the
' information. lBurnsville, MN)
Private Receiving and/or Tran,smitting Antenna - Any antenna
erected for the noncommercial use of the information.
(Burnsvil.Ie, MN)
Personal wireless Service - Commereial mobi3e services,
uniicensed wireless services, and common carrier
wireless exchange access services. {wording under
consideration by 8loomington, MN)
Public Utility - Persons, corporations, or govern�nents
supplying gas, electric, transportation, water, sewer,
or land line telephone service to the general public.
For the purpose of this ordinance, pErsonal wireless
service shall noz be considered pubic utiliLy uses, and
are defined separately. (wording under consideration by
Bloomington, MN)
MAR 29 '96 03�26AM
P.4
Draft Outline of PCS Zoning Regulations Page 3
March 2'7, 3996
Tower - Any pole, spire, or structure, or combination
thereo�, to which an antenna is attached, or which is
designed for an antenna to be attached, and all
supporting lines, cables, wires, and braces. (Spring
Lake Pax'k, MN)
Any pole, spire, structure, or combination thereof,
including supporting lines, cab3es wires, braces, and
masts, built specifically for the purpose of maunting
an antenna, meteorological device, or similar apparatus
above grade. (wording under consideration by
BZooirtington, !►�v)
III. Zoning Dis�riets
Comrae�: Each city must deterrriine what zoning district (s)
is most approprzate for PCS antennas. Federal .iaw a1.Zows
ci ties to maintain Iocal zoning authority over such
facilities, however, the Iaw states chat 1oca1 government
sha11 not 1) unreasonably discriminate among providers of
functionally equivalent services and 2) sha1Z not prohi.bit
or have the effect of prohibiting the provision of personal
wirel ess servi ces . Therefore, ci ti es canno t ou trzgh t
prohibit PCS antennas in aII districts. Zt is recommended
that cities conduct an inventory of existing communication
antennas and towers to determine the curren t impact and
locationa.l pattern of such facilities.
It zs estimated that PCS antennas ma_y be needed euery I-2
miles along heaviZy traveled corridors and every 2-4 miles
in other areas. This is to allow the providers to achieve
complete -coverage of a specific geographic region. The
exact spacing of antennas wi1.I depend on the amount of PCS
usage and the local topography of the �rea. Because zoning
and �and use patterns vary considerably from community to
community, no one recommendation can be provided with
respect to the appropriate zoning district (s) to allow for
PCS antenna. Provided below, however, is a general Iist
what is considered to be �he most acceptable and
unacceptable Zand use categories for such faczlities.
1.
2.
3.
-. .. - :�. .
Industrial Districts
Comrnercial Districts
Freeway/Highway Corridor
Districts
4. Instisutiona2 DiStY'icts
5. Community Athletic Complexes
S. Xigh Densi�y Res. Districts
c� -. _ . - , f. i y
1. S.F. Residential DistricCs
2. Ertv�.zoruneatally Sensi tive Areas
(i.e., shoreland or scenic river)
3. Special Use Districts (i.e.,
historic or downtown districts)
4. Medium Density Residential
Districts
MAR 29 '96 03�27AM P.5
Draft Outline of PCS Zoning Regulatzons
March 27, 1996
- .4„-� - .�,.._ ._
Page 4
commeat: The establishment of performance standards to
enhance the visual and aesthetic appearance of PCS antennas
and towers is perhaps the area where .Ioca3 ordinances .can be
most improved. Performance standaxds can be used to reduce
the number of new towers by requiring co-Iocativn or by
establishing incentives � to use existing buildings and
facilities (i . e. , pern�itted use vs. condi tional use) . Be3ow
are some examples of performance standards found in other
cities' ordinances.
,Exam_�1 es :
Co-location - A proposal for a new tower shall not be
approved unless it can be documented by the applicant
that the requirement planned for �he proposed tower
cannot be accommodated on an existing or appraved tower
or commercial building within a one-mi1.z radius of the
proposed tower due to one or more of the following
reasons:
1)
2)
The planned equipment would exceed the structural
capacity o€ the existing or approved tower or
commercial bui],ding...
the pl.anned equipment would cause interference
with other existing or planned equipment at the
tower or building...
3) Existing or approved towers can commercial.
buildings wi�hin a one mile radius cannot
accommodate the planned equipment at a height
necessary to reasonably function...
4) Other unprevantable reasons that make it
impracticabl�e to place the equipment planned by
the applicant on existing or approved towers or
buildings. (wording under consideration by
BZooming�on, MN)
Proof of Need - The applicant shal]. demonstrate by providing
a coverage/interference analysis and capacity analysis
that the location of the antenna as proposed is
nec�ssary to meet the frequency reuse and spacing needs
of the -�-�'�� PCS system and to provide adequate
coverage and capacity to areas which cannot be
adequately served by locating the antennas in a less
restrictiv� district (modified frorn Harrison, NY?)
Proof of Non-Interference - Each application for
construction of a � tower shall include
ei.ther a preliminary or a certified statement that the
��� MAR 29 '96 03�27aM � P.6
z • �
,
' Draft Outline of PCS Zoning Regulations Page 5
March 27, I996 �
construction of the tower, including reception and
transmission functions, will not interfere with. the
radio, television, etc., service enjoyed by-adjacent
residential and nonresidential properties. In the
event only a preliminary statement is submitted with
the application, a final certified statement of non-
interference will be provided and approved by the Town
prior to issuance of a building permit. then statement
shal.l be prepared by an engineer licensed to practice
in the State of Florida or other professional accepted
by the Town. (madified from Jupiter, FL)
Shared Use -
Height -
Setback -
Lighting -
D2sign Requirements -
Screening Requirements -
Structural Requirements -
Accessory Bui3.dings and Equipment -
Obsolete or Unused Towers - All obsolete and v.nused PCS
antennas and towers shall be removed by the property
owner within 12 months of cessation of use (Juniper,
FL; Spring Lake Park, MN; under consideration by
Bloomington, MN)
Effect of Ordinance on Existing Towers and Antennas -
FAA and FCC Approval -
Additional Submission Requirements
k'
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.' . - - " _ : �9:00 am - 6:00 PM � ..` � . � : . , . . . _ . • �r. _ . , -, .
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, � . .. . .�,, . :. . , ,. , , ,.
� �t.� ' - . � i .. h�5 . .�
. � . . , . _ , , ' Saturday, August 3, 1996' � • " , , '+ : - ; �r ` .. � � . . - w
�,. , � ' � � . 9:00 am. - 6:00 PM _ � . ' �, . , . - �'' . , r - � , � � `�; � � r ; , . •
�' � . ., `: ... , `: . � . . .. �. + " . "� ; . S . ` , , • y� ", . ," - ' • - � .. . -. � � , � '. � . .
�� � .� .� r t .` ( �•y �'� w�, yt � '} •y ��•'�
} ' `S' � il� i �,j
.. • . • � ' , . 'Sunday, Augiist'4,•`1996 � , � . .;�� , .. . • . . ; . . ,_ �� , - . ,
- ... =. , '_ .. ' . � 9:00 am-- 6:00 P1VI s �°- .�� . .. -: ` ; ,�� . � � .; - ' . , .. ��� , ,. �
.' '''. �-. �_ . • -, r .. ,� .�-�. � ., . w ,� - �, •. ; . �, `, � ., :_,; � , :
;,. . In addition to�the `above display �hours Gamefest will provide the following hours to :�.,' - �-��
'.y:; ,_ � �� � ,contracted exhibitors. � , � . _. - . `_ , . , . � ' � . ,; =, , . . .� , . : i ` �a'�,, r � . - • ' .
' . � � � '` � i ' ' , . " , ' � .. ' �� . , ', . � . ., ' '+4 x . , � .. . ,}� ` . - . �f.�o`Y� . :
' ��, t' ' �. .� ` • . Thursday, August 1;��1996 i'' � _ r�� - _ .., {` � .. . , . _ . 7: t, 4` . , j, w
''�� _ , - ' • - �� � ." �"8:00 ani ='8:00 PM � � .. � . . . • . .: , •, . . . ' - � _ ;`' ' . . . " . '
� � ,. � . � - �. .t _. �� . . .{ . ,F : . . .•. ' ' , , « ,.' : : ` , ,
; � � � *E�clubitor set up and orientation._ �� _ , �
, -• � , ` . , . . �. � 1Vlonday, August 5,� 1996 �', � ' ` . . - . • , . - �:,� � ' ' � , � .
�- e , ', ` .. . - _ 8:00 am - 4:00 PM . � � ; � . ,,' . . . , - . � , � , , , � ,� , . _ •
� , � • � � „ , �,,, . *Exhibitor take .down and site clean up. "'� � . � � . �" ' � . . ;.; � - � . _ ' . .. '
` • , .>.� , ., +, .y}: . • „ - . . -' ` ..` ` . ' _ *, .� .. , i , : ' .
,' . , �� �'.. .2. .Emergency Services; ; ';��:,' � '; ^'; ;,; ', �:_. ,.. = ; . ; :,_; ;. . ., , . ' . �� �,� . . �� - -'. '�.
, , , x ���, : ; .. -r •, , '�Safte,y.is our NumberyOne concern * . _ .
- , � " ; • ',� � Gamefest will maintain one separate'entrance/e�t that will be�open at�all times.to . ` �ti �• � . � F' '
'" ', �: �r: . , ernergencyvehicle,;traffc (Ambulance,�Fire, Police)� ' ; . , � _ : . � . ' ' . . 'r : \. , . ', ..
. Y. � - ;;�` , Gamefest'will have ari admiriistration and emergency seivices tent. � We will have �� Y� ,'
y� � _ � � ; � �several cellular`phones;available for emergency use. ' � r � ; �� �'� � � ,, , �� T t- � � •, � �' � . ' : ., � � . �_ , _ � �
�' -,. � � ' . - ' .� Event personriel.will have 2-way radio �communication.and easily identifiable', �� � , �`� � ' r � �� �
� . _ .� ''� , . ,t � , �� _ � ti. . _ . ,. , , , , , �,�.,`. . .� . ,
. "'� , ,�clothing:, x . � ; � � ' . � ;:. , .. '� ' �. - � ; . ; , .,- , , , _..' :. : ,'r, -, . :. ��', , � �: .
� � ° ' `` ���! � . '� ° �� Gamefest, will work closely with local emergency services and police to assure a� .� �� , � ' •
' •- � safe, accessi6le event: � "` ' � _ �, . : : . . � � . .. : ' � ; . ' _ . , . , � .; : , � . ti', . . • . ~ .
, • '.; . .. . - . , ` , .; . � . � : ; . �- � .f .,�' ,.N�, . _ ,.. ,•
, . � ' �• ' , , ,.. , �, - . - � it. � . ; ... .
; � . .3.� Attendance . : . . . • � �� ' , . � .. - , : , . � ' . ,. ' _ .� . � ' ° � . , . ., � .
� : _ � � " , ' � ,' Pintail Productions hasA scheduled a three day event. Pintail`Productions projects � r �, , `, . ' .
�;. �; ��� '. '' attendance to be 7000 people at 2300 per day. We'have added a 23�% over`age.� The '� --� `', ,�
,. , " � �� ; • ' inflated number of 3000 people per day or a 9000 peison event will be used in the � . `� � - ; . ,� � -� . �
. . - , � . ` . following inforination., ,.. , . .,�;. � ,., -.. � ,,. .... . •. i .. , - , . � ;;.. '., . . . . ..
. � . . , • . � , �x,., . t � �. �� ., .
,. �;f, . . � , , . ,.r; ,^t , • , ' ` . `•:� f , • � ;{'. , � ` . ' .
' �*This will be spread over the nine hours of the show: ''�' � � � � � � : � � � • �' ' ' j � �
1 ` , . • . , �. _, , . ,. . . . . �. � � � � . ' . : ' ' `s � , �. . , _ �
, , . °; -an average of 333 people per hour.� �� � � ; =� , � , � �
_ '. � � ,a ' _ - ° ' � - � -an average of 150 cars per hour to` park and exit the facility grounds:' �' � ;' ' � , ' ; _ ,
�' �,� j � . ' .'t t ' .'e '�� •+' `.� •' � • * .. t.. ._ r .�,' . •` � y . ' .�• , � �•4;�� ` �• `• , �� I ', •
- , , . 1 - ' . .. � ' , ' .r'- ,• . ' - . ' h ;� ' . ^ _ . T� _ �• r , rF � . . .
- � . . . . ' , • .. , . - , . ., , '. '• " , , .'r,-•, _, 'y.
, , . . ,� ;, � � `r , .. '� .� ' , ' ' - � , �; ' . ,. � . ' ,. . . ,. �� ' �•, . . `� .. '.� . . .r. ;,
.�' (� `e,s' t` r � ,
, - . �' • .. . + . . � • C
' ' 'r r � . '' ` . ' ` C� . � a . .',f � t� � • { . . � . ' •T� � . ` s x
� � � _ � . _ h . . .. / ' � •• . . . � ' ` ' � :t�. _ �; " , t •
, r, .. � " ;q-. , `• ._ . .�" '' . yr ,v�,, \ •. ' .;�.' . . ' ,-, . ' ; ` ,k`r, r i` 'u •' .. ,�4 � '� �
" � ' ' � < .. _ . � . . . � , . .. i� �, ' '�� ' N �S _ . . � r . . . • , ' .
. a . Y • .. � � .r '.i r. , t • � 4� ' • ' � `` . � ti ., y . y • . . r � . . .. A� '-. ', .
�/ i
� � 1; _ . . . ` 4 ' - ,Y' :' Y^ x'�' .. , � ' t ; ' ' ,' - . , . . ' , .f ' '.. A ,.. ± ., W , ' y t . } ` • ' .,Y •�� `= . , , , .r . � ' . ' �F , s y y �i ' ; � 1 r
+, ''c 1 . � .�' ...•. 'J.* ` � _ .. _+.` ` � -' • . ..'� . ,
� ~y. . I '3 ' S ' t �''
. e . . . ` _ ' . � ,� ` `4y�' �+ f,'- ` t • ^' �. ,,` ` . . • 1 ' ' v ` . . _� t� '/ . ~' �^ �, 7 '`i .. l , ` ; _ .�. ''.' 't . . " t � .
' -�.. � � , ' 4.�� Traffic Fiow = ; `.y '� .. . .� .�� ' � � _ . . ` ' . _ : .� ,. ' . : ; ;r � . .
; � � ' , ~ . �, � ' Piritail Productions has projected �the traffic flow �pattern'as follows: .� - , ' :;;.�' ,� � < , � � �
'. • ._ ' �, � ' . . ,. ,. , • � : ,^ ` � _ '. ' . � : , :, , , ' , .. ,, -�i � ; ,:r y , , {',
. ,, � f.' . *From North via Hwy 1.10 and Lexington Ave: to IVtendota Hts Rd' ��',� .� �, ti�
, � ; �" • • � , ,". , - ' approximately 20% oi�300 vehicles - � • ; , � . ^ ' � .� `;.� � � _ ' ,
, �� ~n + � . -..'�'` .` - ` r Y .d. • ' l ' ` .E• .. . � � , 1 ' ' • •' 6 . '� ..,• .iY^ ..� +• • t t, • � .
: -� ,,• : `��_ , .. � . � . � . . *From South via Hwy 35E and Lone Oak Rd via Lexinton Ave and . � � - � , � .
� : . . � , , ' ' , .., Mendota Heights Hts Rd � , . , r - _ - _ . , � . . . ,, - . . . , • ;`•. , . , , . ..
'� •, � � `�.'I _ +. .. ,. - . . . . ,� . . , .. ,. '..' � " �' , �: : _�..; . ..r .
�' ,, `appro�cimately'20% ,or 300 vehicles' ' ` ` � � , ' �
` ,;t� - _.. . , ,..s
_ . , , , , . r..��, . , � , � ,J... � � ,'__ , : •,:,. ,' - � .�:;, „ ,' ' ;;:. ; , .` ,
- � _ � ; �; ��' . , � *From�East via Hwy.494� and Pilot Knob via 1Vlendota Heights �Rd . : :4 . ' � , • �
Y' - _ � . �, . „ � � � ,. . . "� � approximately 30%'or, 450 vehicles . ' . , > ' �. • � . ' . . -. �,� - :, , . ., � i� � ;
4 5 - ` , x � � i�.
� , '• '' �� , ; - • .• : ' j,r , , . .
' � � : J� ' �' : .;' � �'� ,� ` �� *From West via Hwy 494 �and Dodd RD (Hwy 149).via Mendota Hts Rd ' ` • . - � � , "
! , �; ;': ,. ` ': , � _ ' `. - ' , " � approximately 30% or 450 vehicles ' . _ - � + � � ' ' � ' . ' , �' - - � ; ,
; ". � . ». •C ' . " . > , �e , . _ ? ^ , . � `�9 t. � r - ' •. k, ;t . ' � ` . .
�.� µ,. �; ��. We will exgerience a larger volume �of traffc in the A.M. between 9:00 and 11:00 � -�� .
��- � �.-.��and then again in the evening hours between 5:00 and 7�:00 PM.� Show hours,have been;, ,� .:,
'�'' �,r � selected to minimize impact'of increased traffic� flow: Heav'iest tra.ffic will occur after '"�� �;}, -
, . �:, . . < . _ , , , . , � , _.
r
'- � ' � . ' designated "Rush Hours" and on the weekend when traffic.is�sutistaritially Iess: . We,' -� °� ;5, � ' � : `, . ' ,
� ,� � > , �believe�the impact to traffic pattems will be minimal. � � � � � �' . � - � � � � , ' ' ''r' , , ' , � �
.. *• ' . •7. . . '`.Y r r«'c .. ;� `" I .. 1.,. a,. � . '�� .•; !� ... ,` � • ? 3 ,,. ..��. .`�Y. . ' ��/ +,' (, . , y « y .
' � ,, i+... � "V.'; ,r. t . ,, . ` �• ' -` ' � - , . , ' .. . •, , 'ti . ' �. ` '. .
. 5. Rarking j , f . , � '�, f � � : ,; , , �, .t :
`� . , y > . . � � �" �' . - . . � , . , 1� ' t' .
. . ., . � ��,. . Per Apcoa Farking Services, Mpls, Mn>:, . . _ . _ , • . � _�� K �'� , _� -
_ ��' � -;`,� _ � , : , ` We'have' 12.5 acres avai�able for pa:rking at 43,526 square feet per acre • � � � • • ' - ;' ` " . : ' '
_ � x � ' � �' :. ,, . , -, , .. � �.. . � . . - f
. .:�j�-The figure used to compile total�available parking .is�285 square feet pervehicle' ,. � ,`��'��
' _.� Y;
, '_ ; This is equal to �152.7 c�rs per acre including traf�c lanes and maneuvering room � '' "-', ��_
' - , ` � :^ � Totat arkin available is 190.8.75 vehicles . .. ' ` - . `. - �' . ' '' - " 1���.. " ' , • K . . .
�' � � - p g ,. ,. . , , , . ,, : : ,•.- .�� ,� , .�. • �- , ,�,.: .- . -� . � ' .
, f� , � � . .. . �, Parking will be�accessed by four temporary,entrance/exits on Mendofa Hts itd :�� � ,w :a ,
� • . . _ , , • ., We expect a vehicle occupancy rate at 2 people per vehicle minimum � �• ' - ;; �' : ' `� . -
' � , . ' � This v'vill occupy 1 S00 f the 19. 0 p g � p ' This will be 78% of capacityT `' ' ` ', ` = � � � , ` ".
• O � a.ikm $ aCe$.. , r'
� � r , � , • � + �3We �will have a 22°fo vehicle oveiflow, parking availability on site � � , • , • � � , ' � u: � � _ • , , .
- . . - �" - . . . ,. .�;, . -. , � � � - . � � `�' � �° � ' � .�. . . ',. - .
, .� _ �. . . '' A 4�F. .. _ 4 ' . � `i. ., �I ' ' �'' �R� '. .. `�. "r � . .
�' , '' .. .^ • ..,• ,'+��•�-' • -�F'` y• � n•r.' ,+•. , •• •,, • - • •:e � < '..�• A � �� 4 fY , ' ^, a ♦�'. . •
�. �'` Pintail Productions is currently' working witli St.• Thomas.Academy and Visitation ;. � i `"
j• ,, ,". - Converit for` permission to use their .properties for,additional parking �h the event: thaf �we ; .:, : •
� , . � �would need it. ' . � ; ' �. - " � ` � � . : - . . _ - .. . . r i_ � � � . - .
, :'` ': .� ._ � � ,� ,;We will.masiage the event parking with�a suf�cient�staffto maintain"a smooth flow��; ; ` � ` � � � �
� ` ' .. , . , and �safe access to the�attending pu6lic. . : � • • � � � -, _ 1 ' . �' - .'� . � `�.;; , - � - = • " �
-`'rl ? l . , V � j,.' J: ., ,..i p -. a • . �'' lt � ... � .±+ . . J' , • . .. ,�i. ,
-, �, ` . . ,.� .,. ' �� ' -.,.z . , t ' . . , , � 7 i. ''��' , • . _
~ , ' y� , . , ' � - �' -. , . : "r" ` � . "t _ , o
� . . • • `. b. - Disability Acc ss � . � � ., � � � ;" '_ ' • , � . . . � . , .. � � , ', � ; . .,. � ..
' - ' �`_ � '"� t , .Gamefest will provide appropriate parking for people with disabilities. We will � � � � ` „ �� ,, �
� ,_ _�, � ��-. ��::�'. , ,. . . � �, , �, ..��-� '�' �� ;� ��, � .
. � �provide the best access possible to the eventjand,exhibit areas. , _ , , . ,. , . =
. . . � - . - . . , � ;. � -r �� � . . � . , . ..,� ; _. .y . r . . ;; . ` � , �
. . V y � . • h;t. . �' , i , � . _ , �� �,; • , • ' � * e `��•. e � •, .. � _' .ifY ' .� . _ l . +
r'' � r ' • � . � ys � a � � , ( ., • 4 . . �•i I � •� '- • • _� � • - ji� f ... • . . • t:
r i � . { , , ' '`f, , t ` w ,�, MS .J� . '�6,, . ' , + i ". , ' , , . '' - "` ,.., � ���: . ,�, r ' •� ' ' _ (
" ' . +. , ., . ! �I . .. • � . '� i' • ' •'� r ' ' • . Y `! . . � u ` '.f + ' 1+ . � • + N , , , � ` . " �, + ' - �o_ � . r
' ' i - . .' ' . .; i�, , F ,� . ,. ` '^a• _ : . • ... �. . . ,
` .�� � t• ' .] , r j 1 ' 1. .
� . . . a . . . t . .. _ � , . - .. _ .... ' ', . _ ' . ' .. . .e.. .. • . ,. , . . . . .. -
' ' , , - � , ,r ' '- , ^ . •�' „ � 'Y^ �, ' " I y�l � . : �. ;� , • `` ;.+_•' ' �ti � 3 ` i, '� � r� � ' '
' 7 , • , � � � Y ' • ; ., • _ �' . . ' " ;t�•... " . ' '" , �
. . ` . 'i p' J , t i 1 , t�, ' . Y ' - � ` + ''� • �' + . , +: . .> � , � � e
" , . . � ' � " , .t " � . , . . ' ' ' . ` . 4.) � . � � • .1 . , '
, .-. ' y�,; . a ' , - : . . � ',� . ♦ . .. '. ... � ' � -
' � `� - ,` 7. °Staffing ��, ; , " . . � '.- .; � , � _, � , � - , , ,.� . - _ ,• • � .. ; � ; .,
.: . ; •, z,�
� ; , �. • f '' Gamefest will pcovide appropriate sta$ing' of the evenf to' 'assure safety and , . � � �"�� � , ` .
'' ; , - � _ . �, congruity. We are` projecting a sta_ff of 20-25 people. ` �. � � � . , ' , , � �., � . . � .� � � ': ..
.. � � . � , , � . ' +•.� , • ' . ' . r .•�� , . . r �}+ _ � ' �s • . " , . � a`� ' , : .. , ,�.
.._ . . '. , ` ' Mc� , ` ' . '� ' ,•}+ ' ., ' .' �� ^'t�, � a , ,f r„ 1 ,��:, ' ` ' y , ' ` ,,� ' , . L � , , '
' . . . . 8.° Securify ., : .� ,,- � . . - �. ` .. =„ ,'� . .� ' ,- .'. •�.: , u' .: : �"' '. - . , ` - �. ' ,. . .' ° . .'`. � . ,
�
. . ,,�, Gamefest will provide appropriate professional security to assure a safe and .
. '. . � .
'•°'. ; smootli event.`We�want to work very closely. with the local police depa�tments, of ��` � - �,
_ : ,:. . . • �,,
Mendota Heights, and the Minnesota State Patrol. � We,are open to any recommenciations �.�,. '�,. ,, �
'' ` � '� � and su estions to .im rove our erformance and� service. � • . - � ` � � � � - �- � f ' � . .
.. -r 8g P P . � . ..� j �
+ ` : � Y l' . r `{ _ / `j _. , , „ � � �i, � � � ` �:l �` ` -'-,r.°,* . ' S; � y ^ .
' ^'i _s, , ,, - • • ^ � , � � ' ` `�' � ' ' {j ",' ` • v . r • ; ' • , - " � l''• j ' ��l�t '� „ � ,' j� T I
, , � 9. ,After. HourSecurity' ' , , � - • • " � � `. '`' , -, N�._
" -. , �_ � � �, , '�.' Gainefest will provide a� professional security in place overnight'to prevent�theft �3 - � ' " . � ��
'- _,' . . .' , ' ..�, ; . - . - � . , � ''� :�.> � ..:: '-
'� _�:�� �• and,vandalism. All vendors'will be'required to remove otijects of value and objects that'� �.:''
� � ' . _ , � - - �are w.eather sensitive during the non-show hours. aWe have.plans to provide a secure, , #;: .�,:' • . , - _
: '. _ . . : ' indoor storage area,upon request for certain.display items: , , ;� ." � ' . " ' , � • ° k � � = -.' '
'` ` ,`� .rf �,� ^ ,-�' . � , l.. . rI � " '. ,. .. � y ._ }. • , ' •Y 5f 14. , . T'- ..at '„ ., . t c �,•}� . • � . _ , + rJ,
� h ..- . . � ,r _ - �• • ' . � r � � a � , • .a `
. . ' �:4• , f -+• I '�, ' • �4 , • ,;" �• .. i' .,, • � i __. • . .
,�. . " • :. 10: Sanitation ' j: . , . . .. - . . . ., . • . - ^, : . , . , . . -t _ ', . , . •
- � • � :� ;.` ., : �` °Poitable Toilets =Gamefest will provide the appropriate portable toilet units , :� , \ , - .' �
. E . :
.. . ,. -^ required to make the event coinfortable and cleati. wBased on 3000 people per day. we�vill �. f�"' �
��7 . �%-
. �� '� �`provide appraximately�40 toilet units and 5 hand waslung stations, `These units will be �: ; � ' � ' � ". �� '
� , ' . ' . "cleanecl. and sanitized nigtitly, ' � , . 4. � °` ' . � `, ' , , ' , ' , . , . , '` ,� , ,` .
.' � . , � f s�: � =Waste=-Gamefest�will,provide waste�receptacles and recycling�containers - , �� -� .� � x � � � � •
w '
'� ' . , ' � . throughout the event site. These units will be emptied as needed, then again nightly to �� , - , " � , ' � ". .��� , -
, � , �. �, prevent insect and small a.nimal infestation.� � - ' � . � ' - - ,� ' " ' - .� {" .`' , . , v. � � .
�`� .' '• ` ''.", •� Litter-=Gamefest will make every effort to maintain a clean event site. We will �� ;� � 4: �
' ' ; �� ; ; ' : ' have staffpolicing thIe grounds throughout the event. , _j` :_' � . ' . ,� �� � ; !k .' ;' ; . . '
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. ' _ � _ 11.-A Fire Protection ; � - � r r , � . . , , ` ,: 1, - . ' � � � , � ,
� � , ' � - ' , , `All exhibit decorations,+'vehicles, and maririe equipmerit must meet with'e�sting�{� � �;; i , . �
�r° , ,�� � , , . . , . � -, ., -.
. .�. i fire department,regulations: We�want to work°very closely,with the Mendota Heights Fire '•` _ -.
',. ��-:'' . Departmerit to assure the safety of.all involved wifh the exhibition: We are open to'any �' ���'�� .. -- : .
i _" ` ' . � ., , ^ . , , -: - _ . .., .. ; : . ... , ,-. • . r,. : _ _
=•��". recommendations and suggestions to improve �our performance and service. . j� �
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� � : y , ' , ' � 12.,� Food Concession � _ _� _ ' ,.. , . , ,, - � • - ' � - � ; . , , ,. ;f� . _ � : . . ': F •
� • �- ` - - 'F � �- Pintail Productions -will be providing for the�sale of food p`roducts. The � , � �;` � ; . ' . : -
r' . � �' .� ,+ "' � �.''airangements fo'r_these concessions�will beharidled with Feast 1Vlasters Inc: Fea'st Masteis : = � � ` � � � :
, � . : • . Inc.. is a highly respected� catering �company owned by Mr. Roriald Patterson: Feast - i, ��- � ` . � , ' .. - �°
',� �• �� � Masters Inc: and Pintail Productions will work closely together to assure higti,quality =- �' � � `
� ' 1. . . . - r . i . h a , .
.�... ', pioducfs are provided to the attending public: = We will �a1so work closely with,the City of �,,'� .• '
' ' � • ' : -Mendota Heights an{d Dakota. Counl.y to;meet all applicable standards for food pTeparation` '. ' �". ` : � ,'
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' � . • . . , 13 `, Signage : � . ;. � � ,j., ` " � _ �' .. . ;, � .. , . � � � . � , � '"� _ .i'y' ' . . .' : � '`
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� . , , , � Pintail Productions is'asking. for a permit �for signage on the South �side of , , ;� ' � , � . . �
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'- � ; : ��` � proposed �site bordering �on Hwy 494: We �are proposing femporary sigiage for two signs, ., � . .. . . • � • , �`
'r`; .� . one facing East and the�second facing West. `The duration for the temporary sigiiage will ,''' �;� „
.. , .. , � .�,- ., ��. _
.. � � . '_ } be for_ Forty,(40} days beginnirig ori July 1 st, "1996. � • " ��. q " , . '. ' - , `' � -�.: �� � � • . • : . ,
, '�. , � . ; . ' '. � . The size of the temporary signage �will be approximately Ten (10) feet in height by ;-., ' , � ` ,. , •i
.,
,.+ :. Thirty (30)�feet�in widtli. To be::elevated.appro�mately eight feet a6ove giound level. � i' , .
� � � ` � ���. _ - � , .We also request permitting to allow lighting of the temporary signage during the`� ' �� - ,f !. .
� • ., � . "'r evening hours.' . - . . � `i - , � , � . ,; . � . •,- � . . . � Y , . • . •. � . , � '" '- : i' � }' ' - � : ,� ' .
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y . , . ` -,14: � Display and Sale of Sporting Related Firearms , . , "� . . , '- ., � � . � , . �
- � ', � ' . �. �� `�*Safety is �our.`riutnber one concern * ., . Y - :� ` ' :. `t , �,. ' � ;� � �, . - '
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�°� Fintail Productioris is �asking for pemussiori to include the display and sale of �'' ':� �.
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., ,, . '.,,sporting related arms.� We realize that there are many reasons for eonce`rn with this. issue. .-� :-..
.�- 1°. 'j We want the City Mendota Heights to recognize the fact that this �a Faznilyy Sporting`i.J. `'-f " - y
' � `` , � ' Event and not = a "gun swap" or ".gun show" � � = - � ' ` � •' � ' j � ' • `
, _ , . :r , '„ � r, , , , . ;, . . .
'- .� -,'` '� 2. Ab�olutely no sporting arms�of any.kind will be permitted to tie brought on the '''. -' _' .� `��
� � . , . • • ,., - . , _k �y . . , �
,. - � v �� : ' gro�unds except by licensed firearms�dealers that is contracted to exhibit. • - - - .���- , � , . � , ., . . ,
� � � � . 3. :All spoiting arms will be displayed either�in �a clased locked case; attached to a . ' � - . � _ . ' - � _
- ,• : , " w' teinporary display�structure or with a qualified trigge'r locking mechanism coirectly �'� � ' � . . � '
I_. - � instalied and� locked with the key in� possession, of authorized personnel in chazge. of the �'- ��_�
', �{ ' °_ . , . ...spei�ific display booth. '-' � ' . . , . . - ° . ; ' ` � ' . � , ` . '',,... �. �; ` � . . .; `� .. „ .
,, .
� � ,� 4:. .Fuearnis to be displayed will be'strictly related to tlie hunting industry=no exceatioris. , 5. �. -�; �
�, � - � � , �,'`°e; *Management reserves the right of firial determination of acceptance per item #5 ` _� �� � ' " . - �
. '��-'
" � ` � " ` " " �F Character�of Exhibits in Contract for Exhibition S ace. ` � . , ' � � . ' , � '- " , � `
z ��. , -t _ 5. ,�There will' be no delivery of sporting arins purchases on site. ��All business : � . ��> `' ° � <' . � , ;; � �� -,
, � � • , � transactions involving'sporting arms will be'conducted on paper only.��'Actual .� �� , , .� '` � . :r+�
- i� .
, , '�possessiori of'purchased arins will take place at tfie location of venders business,' or'via', . -.'�
' : � � , . °`�, � `„ a delivery system such as UPS o"r Federal_ Express.� The discretion is left to the , ; ��� � �� . " ''. ,
� ' � .� . . •_ � . � individual business transactiom. - � . . � . - . - _ .. � � ` ` � . X. ,. - '., ` �,;: . . � ; p4
.. ��'� �k�6. Pintail Productions will' restrict the sale of any ammuiution. We are encouraging our ��, •
� � ' ' ,y � . '. � _ ' ; vendors to promote a "show discount" coupon for ammunition to be purchased at - � � '� � . • _�. • , "
' , � ; ' ; , their busiriess"location: , This will promote customers to visit their store'and. make '; = . . ' �
- � � , . ,_ . - additional purchases. . : ' , : : ' , - " . x ' - '. : ' y .;.. � ` �: ' ;. . � . ,
_ � . � � „ �� . , . ,. �., -- � . ,- • ��; .. .� � . . � .'; : ��<.� <.:{�.. _ .
; _ ����... - •� � � Pintail Productions believes�that by taking the above proactive measures we willbe: � ' � ��.� ' �+
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" , ' . " : promoting'the safest possible�environment for our cusfomers, families'andrfrierids. It is!� � �. ; ' �
� , . . � � ' . . .`,; . .i � .
,� " � '� • . , our express intent to promote all sporting aspects of the outdoors in the Midwest. ' By ; .� : , , _ , , �` ..
� _' ' , ' , ` � placing"strict requiremerits on our vendors we�can asswe the City of Mendota Heights a ' • _ � . ' ,- �
' � , � ' : safe �enjoyable e�ent without :expressly eliminating an element of the sporting �community. , _� ' � ' " '
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, , t � , -� , 15.� Temporary 3.2 % Liquor License . ' . . , . ,. • , ° �� . i� . , ' , . , � - '
' - ;'; , , ` -. � ` Pintail Productions is asking for permission to include the sale of adult beverages _ . = � ,�,' �. �
,- . .
'' ; . � 'of choice (rest'ricted to a 3.2 %�alcohol content). "- : � .� � � . - � ` ' ���_ ' � . . � �
, � . - ' ,`• �' `� 1. We ask, tlie City 'of IVlendota Heights to recognize:the factnthat this is an Outdoor - . ,' - � ,' "
. � - ' � Fainil,�Sporting Event and not solely. a destination foL alcohol consumptiori. , ,' � - , � � • � . .
. � , =' ,' � '2. ' We will be offering'a wide variety'of beverage choices to'quench the thirst duringta'� J.� ' � _ � �� � � �
' '. . r . , . ., . , . . . . , r - . ,. , . . , .
,,° '� hot August in Minnesota: Homemade Temonade and iced tea will be featured as well ..,` *:
' • , _ , ' ,P as �a selection of Cocoa Cola products'and old fashioned�root-beer. � � ' � ; - � .. : . � , ' ,
,' � �� �� 3.. : We�will also be;offering a wide variety of food products to accentuate the beverage � , i�', `�..
: , • . r . . . .. .,, , selection.' - .. . , . � . � 7 � - , � , . .1, . , . - ,_` F. � . , , . . : a
� . ' -�. � _ � ` 4: '. We propose promoting a specialty'beer or a�micro� brewery label, Thesewbeverages are '�`' ,� � ; , . - ; .
., � ; . . � � � f ; , perceived by_the buyer as an�upscale purchase:to be enjoyed for tlie flavor and not the , ; . � , � � ; - � ' •
• � �. effect. . :,� �.� ,. ^ . . , , , . . . , . .: . . , �t. . .._
�. � " r � ` 5. � Piritail Productioris will provide adequately�trained servirig�staff arid security. ' , - � ' , ' ' *' �
�- s .
,_ - Management reserves the �right to refuse anyone seivice at anytime for appropriate `. . � . , � �. �.. ' � �:
�.-.��'-� r , . . . � . ..,, � .,� . .. . . •
- � . : ` reasons.. � �• ::: � . ', � �. � ,. . � , , :. ` •. � •. . ` : - . , ' . , , - � , , . s �
, . . , , �., � . . . . , , ,
� , ' �,r 6.� , VVe will limit the size of container to a "12 ounce contairier.� • '� ° � � , � • ' - . � • �
'. ' ' � � , 7: � All beveiages will be served in recyclable plastic or Styrofoam containers.� Absolutely ° �' � , . � , � �` � ,� �
� � „ ; . �� `rio cans or glass bottles wilf�be allowed on preiruse. - - � - � , - ``' ' � " ;:�. . _ � � - - _ �
..,,-��
, _� " ` . 8. `Pintail Productions will provid`e. additional resources as necessary to facilitate_ safe; ` , : . ' ` _'
_' ' �. . . ,. r 't resporisible consumption. � . .x . . . ' _ , � �, . .. � . � .. • . . � , , �,. ' - . - .
. : .
: : ; . , � T - `� � . 9.' - Pintail Productions will be fully insured for thefa(iove.matter and will prov,ide': . ' . ^ , ` � � - � _ - �
• _ . - " '; _ � . indemnification for the City' of Mendota Heights. ` . � � ' � � � � '� , ',' �- . . . � . �� .: �' " . �
'' f �� Vf: ' ' . �. + . ,� • � _ � . s �. y ' � ,� ' t • ' "� ' , ,. • '
. � ; � : " . , � Pintail Productions believes �that by takirig �proactive measures` we will be " � � � ` � �,
- � - - � . � 4�promoting,fhe safest possible environment for our customers,-families and friends: It is. „"`' � � � � , .� -�
�` � _. -.' �, ��. ., . _ ._ . . . , - .. • � �
,, �� our express intent to promote�all sporting`aspects of.the;outdoors iri the 11�'idwest. :By �. �, ,
•�• �� ,�" placirig strict requirements on our vendors we can assur,e the City of Mendota Heights a' '�r , ���'�
'. - �- '' ;, � � . _ safe �enjoyable event without expiessly elimiiiating an elerrient of the sporting,community. �+.. �, `; _ ' � . . � _
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'°� , Y,° ', Pintail Productions is carnmitted to working with the City af IViendota Heights to'
. „ , � ,
. '`. �.. �-'ensure a truiy memorable public event.' We believe tliat our campany v�ri11 be a prc�ud �'. �; �� ��
contributor to the success arid'�excellent reputation of the City of Mendota Heights.�' '' ��; �, � .. ° :��
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, '� We have a mo#ivated, positive,' and inspir,ed 'managernent team in piace, -with a r�� : r ,�"• ,, A. ...
`, .�� , diverse set� of backgounds and the common goal of producirig truly" exceptional events. ... �.� T ` ,
�: ,' : .� , We are corifident that Pintail Productions is the quality orientated campany`that is ' � � . �t �' ' } . , , . .
, , �,becoming the`standard for "Excellence in Events" - - � � • , -. ' �� '
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�, �-�� `-.. Pintail Productions is in the'process of drafting a formal contract for vendors. � We have ,.. ���;�.� ,
. �'• ` 9. attached the initial draft copy- of our requirements. We will be working closely with our.�. .. �,; ., .', "�,J r;�
• � � . . legal�advisors to assure pr'oper documentation for the protection of 1VTidwest� Gamefest, - �. _ . , � ; � ; �
, � . ' � Piritail Productions � and the City of Meridota Heigfits. �' _ � ' � - . . ' � - • � ` : . .� � � � - . : . .
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. . , � . : �,� . � ° , � � PINTAII. PRODUCTIONS ' � ' . - . ' . . �
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' � -. � . ' In consideration of the�suin of :�: � _ ' . ` "Dollars ' " "� � � ' and ' � ` • - �' ' �, '
� �� � % , _ ' the agreement here'in contained, �, Pintail Productions, hereinafter.referred to as "the'managemenf,': heretiy 3 � - : _ ,' � _ : ;
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,' V, ~' hereinafter.referred to as"Exhibitor," the right; license' and privilege of occupying, during�the following : t
� + � � . exposition. . -k .°.. ; , ,,,. �� �� . .,s ` `,�.�. � ;;.: : , : , .�, ; ,'�; .. �:':.;; ,. . ,� ,
�` • Space rio. •` Space :Size `� � of such space to be used for displaying and exhibitirig ��� , �� �
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the following products only. to wit, subject to ttie foll'owing: � � �,�'
� _ ', ' , ' Augi�st 2, 3,�4; 1996 �• - a`,, . �, :; ^. � :.:- � -, . , _ ; � : . - - :' �. -� „ ;...` , �
` �' - ' , 1. � Exhibitor agrees to pay deposit on• tlie contract in itie �amount of ~� � • � - by�. " t ` , ', . ' . ; � e '' , - - �
; . � � , ' ' � t' - " - �` � • ' ` � � or'the space is automatically released, Exhibitor further,agrees�to pay the' � _` � `� . ' - ''
•' '' l, �,�_>;, balance,on the confract thirty (30) days before the opening of the show. No refunds will be made. �• •��„ 1, �� _4. " ��, •
.;_ . . �, . , ,
�� • - 2. . Exhibitor expressly agrees to pay to the Management fhe full sum hereinabove set fortti.. Exhibitor �' � .. •. ,,
'��,� .' ,�:t agrees to pay full legal fees and costs�in any action arising from or during enforcement of these .�• ,' ��,` ,'• -
: , : ' , � `contract.� - ��n � , -_.'. • . , �;,,..,.; . , _ .' , ' ' _ .Y- ,.,.. - . , ., . ,. . • • , - ' ', .
'�• �, �_- 3. '� Exlubitor shall not, without the'prior written consent of the Management, assign or sublet such sPace, �"°,
- ' . � "` .., t or any pait ttiereof.'., ' Y'�' . _ , ' . ;.. ..",: ' . , M ;' ,' , , ':. .° •... ,,; �., : , • t:• . ' ,, ',•: , - ,. "- ''.,-,5 - - :, ' , ' . , '_
� � ` - � �� � . . . ' �"` , > �.; , , , • . ., .
-"i ,4.- �Tlie conditions, �rules and regulations printed""on this contract heieof are made a part hereof and � ,�
-'�' � �'' ;.incorporated.herein and the Exlribitor agrees •to` be botind by each and every`one of theiu,'and the' � '.. .••
: � .. .=;'" w� , ., . _, . .. ...,; _
� � - _ ` � 1Vlanagement shall have full power �in the matter of interprefatioq amendinent �and enforcement of , all , � � � � '�: ,
,' •, , .. " ' ,., ., `:.,' . . . , . . - ; ' �. , � . _
�� `,�� �•�said conditions, rules and regulation's; and any such amendment, when made and lirought to the'"°.� ' ��• �' k,
. �, � �r
` notice of,the Exhibitor, shall be. and become a part iiereof as ttiongh' duly incorporated herein and � _ .=_�
' . �. - ; � � � subject. to all the terms and conditions herein set forth. - � _ ' ' ', � , .. . � .' � , ' � � � � • : ` , :
��' ' � � ,. . `" 5: .; Character of Eghibits: The 1Vlanagementpmay licerise space for any ezhibit:of interest to the general � . "'"' , . �„ �� ��� •
s `'.' •`, i public or of educational value. The Managemerit reserve's the right to remove any_exhibit that does +, ' _- `'
�A �
• , . •, n o t m e e t t l i e s t a n d a i d s o f t h e s h o w o r d ce s° n o t c o n f a r m t o t h e s p e c i f c i t e m s s 1 i' o w n o ri� th e c o n tr a c t. = �� .
� t��.� '� Distribution by Exlubitor of any. piinted matfer; souvenirs, or ottier aiticles shall be restricted to the �•�� .{` ,' J,' �
�• �: ��. a�: space occupied by their exhibits. No mechanical voice amplifier allowed_ at an}! time: .All exlubit ._� .,v "_, Y' s
' r s; ;. ,�� decoiation, velucles and manne equipment; must meet witti�existing�fire.department�regulations.' . �' � t� ?':,
� ' T • • � 6.. Insuirance and LSability: :Pintail Procluctions.assumes no risk and.by the acceptance_of tliis, �; = � � � � _ ,
. �1'I�
'' , � � � , , ; agreement, the Exhibitor expressly _releases Pintail Productions of and from any and all liability for ;; ; i � . ; � r ;� ...: • . ; "�
, '; ...daniage; injury or loss to any person or goods which may�arise from the use and acceptance of said .�t �, -. ..
,."� ". ,.. d,space ,by Exlubitor, and Exliibifor agrees to hold and save' Pintail Productions harmless of aiiy from .,, �•., ,.
�-� � " � `;any loss or damage by reason thereof. , Exhibitor agrees to indemnify Fintail Productions for any ' � - .�. �, �, . � � �
'' � S � � " � ' . � ' �monies Pintail Praductions-ma as a resiilt of �such dama e in or loss from the use and. ''`` ' � • - • . '
: � . . Y PaY. . �►3' . g , J�Y ., , '�
• . „�,.occupancy of said space by Exlubitor, including any legal expensed and attomey"s fees wluch Pintail •,. � ,'__
L ' '. ' ' • � Productions may,in.cur in defending such claims as. may be made, Exhibitor will hold Pintail � �. � � - ;• � . , , - .
�, ,+`, �,''� ,.`: Productions harmless from. any damage, expense or liability airising from any injury or damage �to . r. ;' �" y.,' N;.^ .
, ' .i �' `Exhibitor, his agents; servants, employees �or to the property ofExhibitor by viitue of E�chibitor's � .,
� , �� • . ,' • �j � � � , occupancy hereunder or anything connected to `said occ�pancy. Exliibitor�must.insure exhibitors own; . ` }` .. " '�
� , • � . ,,� ' . � e�ct►ibit including public liability.' Pintail Productions does not.assume any responsibility for the safety � "; {, '. ' � • .
.,f•. . ,
,�, �_ �° ;�. �of exhibits and exhibit inaterial against robbery, fire, accidents. or for any cause whatsoever.' In all'
,� � �. ` � � -i . � ° � ' cases,'Exhibitor must insure Exhibitor's owri goods. T'he.Management�assumes no responsibility , ; , �, _ �
�' ``' •,' n�.�whatsoever for any properry placed in�the exposition and the Management is hereby expressly ; i' .. , ,' �.
�' V • - � ,. � . . . . , . , � . :' , x ;' ,.
r ,. released and discharged from any and all liahility from ariy.loss, injury oi damages fo persons or
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`��' ,, 7. Date: If the Management shall consider it inadvisable to hold the said exposition.at the time and/or , ,
�,� ' , : ,. - , , , :
�' ��.. ' s• the p�ace hereinpioyided; the Management shall 1iave'the right to change the date°and/or the place •,��f�, ,. `• �.
' ' . ' � .� • . - ` "'F within the same. city or"counry; �the same shall be held by giving Exhibitor written notice thereof my. � � - � � . "
'' ,• • {, ,._ inail addressed to the adclress given aboye: " � , . �. , `i' - ' , > . . .-r , . � . �„ , � '' � -` .
'� 8: 'I'he Management will not tie liable for the failure to fulfill this contract.due to any of the following "
� :;,'� - �`� �' " � � � caiises: ''� • � � ,� • s ; (a) By reason of the enclos�ire in which. the show or pageant is ; , , � � � , • � , •' �'ry.
.�� � � � '� �; : • `to be p'roduced, being before or�during the exposition; destroyed by fire or other calamity.. � ` " , � " : '. " . - .�`
,. .. '� �. �(bj By any Act of God, public enemy,, strikers, the authority, of the law, or any other cause beyond the ,.'' •�' '�
• • . . , '� , ', Management's control. " - • �� (cj In the event that; for any zeason, ttie exposition is not held as `.. . , ` w � • • '_ -
1 ' '°• ;. ; • ` ' � 'proposed,�the Managemenf on refundingVof all money received from an Exhibitor or Exhibitors, shall. � . . ., ,�
, `° r : . . . • . " be released from all claims�for damage.. - ; . ': . •:�-"• .�, �' -' � • •: • : : ,:; ' - :, ' : - 4' �• . , ; � • .. . ,� , _ . , : , ;
• � � •� ' � 9. . � Amen�lmerifs: �TheseArules, regulations and conaitions have lieen drawn for the purpose and � , �, r , � , . , ,t„ - .
� �- r `;-' inten'tion, of providing a well balanced, well regulated, attractive and successful exposition.= ,In an . �x �`` "}� ;: '
rt' ' � . . . . .. . . ., ... � ; ` ,
� �. �,� effort to .provide the .gieatesi good to tlie greatest number the Management shall" iiave full power to so �;
, •� ,;;; ;' , � interpret the rules and regulations or make such iulings as�may appear to be"for'th"e best interest,of fhe, .r; A ,-_ ,,
� ., ',' _ � " ` � , � . enfire expositions, and any and all •amendments of the foregoing rules, reguYations and conditions � ' , ' � ` ` , ,
'. .�; . , "'� � shall bind the Exhibitors. � -,. '-, ..� : . � . : , .,;;fy - : " . ,..�,, { ,, , ; ,, ;, , ; ; , , '� ` : ': , x . .. :_' Y , M ' r , , ,� .
-',� "-,,',10. That no agreement, in respect Qf the matters herein contaiiied, shall become a pait liereof unless duly ', ' ,�� j�
- - " ` , . �..', ,endorsed fiereon. t "�' , � � � ,, • . r " . . , : , _ . . -,. .. � _ . , ;� . , : .
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, , '�, . ' � � , . - � IN WITNESS ,WHEREOF the�parties hereto have set�their names this , " : ;`.� � : � - ' ' ' ? . -, ' , . , .,
> � '�.� ,_.
, � � i� .. 5 . PINTAIL PRODUCTIONS: , by _ � ' � _ phone � , � . � � ' , :,." • , s
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�'k' .. : , , ; ,.: � EXEIIB1TOR:• by ' , : • .. � � . '� p Title , _ .. � � . ~��: .,. � ' ` : . ; �: :
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. � '° ' . . � ., . " . . Please sign and return the wlute copy with your check payable to.Pintail Productions . � � , t ' ,�"
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