1996-05-21�
*** DUE TO THE SCHOOL DISTRICT ELECTION, THE CITY COUNCIL MEETING
WILL CONVENE AT 8:00 P.M. *�'*
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
MAY 21, 1996 - 8:00 P.M.
1. Call to Order
2. Roll Call j
3. Agenda Adoption
4. Approval of April 16 and May 7 Minutes.
�� •� -,�.
a. Acknowledgment of the May 14 Parks and Recreation Commission
Minutes.
� b. Acknowledgment of the April Fire Department Report.
c Approval of Contract to Use Fire Safety House with the City of
Rosemount in Conjunction with the Mendota Heights Fire Prevention
Open House Scheduled for October 12, 1996. .
d. Approval to Accept Donation to Purchase Two Viva Link Portable
Defibrillators. •'
e. Approval of Resolution Establishing Water Service Connection Policy -
RESOLUT/ON NO. 96-25
f. Approval to Hire Summer Helpers for Public Works Department.
* g. Approval to Hire Summer Engineering Aide (s).
** h. Authorization to Pay 52,000 Subsidy for the Youth Basketball
Program.
j. Authorization to Use 54,500 from the Special Park Fund to Install
Bituminous Basketball Half Court on the Parcel of Land Known as
Valley View Heights Park and Authorization to Install a Basketball
Backstop at Valley View Heights Park.
k. Authorization to Pay $2,768.01 to ISD No. 197 Community Education
for the 1995 Summer Under the Sun Program.
I. Approval to Schedule Public Hearing at 7:30 P.M. on June 4, 1996
for Renewal of Heritage Inn of Mendota Heights for a Limited Hotel
On-Sale and Sunday On-Sale Liquor License.
. .�
m. Authorization for Kevin Rupp, Labor Attorney, to Serve and File the
�
Dismissal of Third Party Claims.
n. Approval of Resolution and Developer's Agreement for U.S. West
Cellular Application for a CUP (Case No. 96-12) - RESOLUT/ON NO.
96-26
*** o Approval of Personnel Actions Related to Leave Request. �
p. Approval of Resolution Authorizing Engineering Staff to Submit an
Application for a Metropolitan Council Environmental Services (MCES)
Loan for an Infiltration/Inflow Control Project - RESOLUT/ON NO. 96-
27
q. Approval of New Planning Consultant.
r. Approval of the List of Contractors.
s. Approval of the List of Claims.
,� � �� -, •,�.
'. � � � i � �• �
a. St. Thomas Academy Environmental Studies Class Presentation
: ■ • . � � : 1 1 � 11
a. Marriott Courtyard Hotel - On-Sale Limited Service Hotel and Motel
and Special Sunday On-Sale Liquor Licenses -
b. Somerset Country Club and Mendakota Country Club - Club On-Sale
Liquor L'icenses.
c. Mendota Liquor - Off-Sale Liquor License
' � � � • � . � � � • , � •
a. CAO NO. 96-01: Helton/Fleming (1902 Glen Hill Road) - Modified Site
Plan Approval.
*� b. Review Independent School District No. 197's Building Permit
Request and Tree Removal Permit Request for the New Middle
School.
c. Discuss Request for Friendly Hills Tree Restoration - Mr. Jim Losleben
d. Discuss Request for Outdoor Eating at Mendota Plaza - Mr. Larrie
Mack (Ziggy' Deli).
�
e. Discuss the Construction of Picnic Shelters at Wentworth Park.
f. Case No. 96-11: United Properties Application for a CUP for PUD -
RESOLUT/ON NO. 96-28.
g. Review Request by Sprint for Antennas on Water Tower.
h. Discuss Request to Conduct a House Burn Training Exercise.
10. Council Comments
11. 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
May 21, 1996
TO: Mayor and City Council
FROM: Kevin Batchelder, Interim City Administr r
SUBJECT: Add On Agenda for May 21 City Council Meeting
Information originally indicated as Availabte Tuesday is now submitted for your
review. Please see item 5g of the Consent Calendar (*). Additional information is
submitted for items 5h and 9b (*'�). Revised information has been submitted for item
50 (�*�).
3. Agenda Ado t� ion
It is recommended that Council adopt the revised agenda as printed on blue
paper.
5g. Annr_oval to Hire Summer Engineering Aide (s).
Please see attached memo.
5h. Authorization to Pay $2.000 Subsidy for the Youth Basketball Prog�am.
Please see attached letter.
. � �� � � ���• � �� :• •� � ;-�
Please see revised memo.
'� :• � � 1� ' � �! u :•� .i� :'�i� �i M
i•� � \' � ll �� • ���
Please see attached letters from Mendota Heights residents regarding the
School District's proposed middle school.
KLB:kkb
�
*�'� DUE TO THE SCHOOL DISTRICT ELECTION, THE CITY COUNCIL MEETING
WIl1. CONVENE AT 8:04 P.M. ��'*
CITY O� MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESQTA
C[TY GOUNC[1. AGENDA
. .. . ��
..
1. Catt io Qrder
2. Roli Call
3. Agenda Adoption
4. Approval of April 16 and ay 7 Minutes
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Acknow(edgment of the May 14 Parks and Recreation Gommission
Minutes.
Acknowledgment of the April Fire Department Report.
Approva! of Gantract to Use Fire Safety Nocase with the Gity of
Rasemaunt in Conjunction with the Mendota Heights Fire Prevention
Open Nouse Scheduted for Qctober 9 2, 1996.
Approval to Accept Donatian to Purchase Two Viva Link Portable
Defibrillators.
Approval of Resolution Establishing Water Service Connection Policy -
RESOLUTIt1N NQ. 96 25
Approval to Hire Summer Helpers far Public Works Department.
ApprovaE to Hire Summer Engineering Aide {sy - AVAtLABLE
TUESDAY.
Authorization to Pay 52,000 Subsidy for the Youth Basketbati
Program.
Authorization to Use S4,5C10 from the Special Park Fund to Instail
Bituminous Basketbal! Half Court on the Parcel of Land Known as
Vattey View Heights Park and Authorizatian to tnsfiat( a Basketbatl
Backstop at Valley View Heights Park. �,�;t�c.
Authorizatian to Pay $2,768.01 to (SD No. 197 Cammunity Education ,i�"`
for the 1995 Summer Under the Sun Program.
Approvat to Schedule Public Hearing at 7:30 P.M. on June 4, 1996
for Renewal of Heritage Inn of Mendota Neights for a Limited Hote1
On-Sale and Sunday Qn-Sale Liquor License.
0
m. Authorization for Kevin Rupp, Labor Attorney, to Serve and File the
Dismissal of Third Party Claims.
n. Approval of Resolution and Developer's Agreement for U.S. West
Cellular Application for a CUP (Case No. 96-12) - RESOLUT/ON NO.
96-26
o Approval of Personnel Actions Related to Leave Request.
p. Approval of Resolution Authorizing Engineering Staff to Submit an
Application for a Metropolitan Council Environmental Services (MCES)
Loan for an Infiltration/Inflow Control Project - RESOLUT/ON NO. 96-
27
q. Approval of New Planning Consultant.
r. Approval of the List of Contractors. �- U��, ,;.-�s �z �^ o w
s. Approval of the List of Claims. �z �kr
End of Consent Calendar
: � �u��'i
� �t
�c.�� �.D.�' �.. Q„t4�J
a. St. Thomas Academy Environmental Studies Class Presentation
: . • . � � : 1 1 � 11
a. Marriott Courtyard Hotel - On-Sale Limited Service Hotel and Motel
and Special Sunday On-Sale Liquor Licenses -
b. Somerset Country Club and Mendakota Country Club - Club On-Sale
Liquor Licenses. �
c. Mendota Liquor - Off-Sale Liquor License
' � i �-� �� 1� �•
a. CAO NO. 96-01: Helton/Fleming (1902 Glen Hill Road) - Modified Site
Plan Approval.
b. Review Independent School District No. 197's Building Permit
Request and Tree Removal Permit Request for the New Middle
School.
c. Discuss Request for Friendly Hills Tree Restoration - Mr. Jim Losleben
d. Discuss Request for Outdoor Eating at Mendota Plaza - Mr. Larrie
Mack (Ziggy' Deli).
e. Discuss the Construction of Picnic Shelters at Wentworth Park.
f. Case No. 96-11.;,_United Properties Application for a CUP for PUD -
RESOLUTIOtU Nd�. 9fi 28.
g. Review Requesfi by Sprint for Antennas on Water Tower.
h. Discuss Request to Conduct a Nouse Burn Training Exercise.
� + i • II II ' I
' e t
Auxiliary aids for disabled persons are available upon request at least 120
hours in advance. if a notice of iess than 120 hours is received, the City of
Mendota Heights will make every attempt to pravide the aids, however, this
may not be passibte on short natice. Please cantact City Administration at
452-1850 with requests.
�
Page No. 1
April 16, 1996
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, April 16, 1996
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota.
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota. Heights, Minnesota.
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were
present: Mayor Mertensotto, Councilmembers Huber, Koch, and Smith. Councilmember Krebsbach had
notified the Council that she would be absent.
AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the
meeting.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for
� the meeting, revised to move items h, I, j, k and n to the regulaz
agenda, along with authorization for execution of any necessary
documents contained therein.
a. Acknowledgment of the minutes of the Apri19, 1996 Parks and
Recreation Commission meeting.
b. Acknowledgment of the Treasurer's monthly report for Maxch.
c. Acknowledgment of the Pazk Sta.tus Report for Mazch.
d. Acknowledgment of the Fire Department monthly report for
March.
e. Approval of a request from Bethel Baptist Church to use
Mendakota Park softball fields on Friday nights from May 3 to
August 16 for $10 per field, conditioned that should there be a
scheduling conflict, including rescheduling of rain-delayed
league games, the scheduling of the fields shall be in favor of
Mendota. Heights residents to the extent possible. Staff was
directed to prepare an amendment to the field use resolution so
that local residents have priority on field use if a scheduling
conflict develops. Staff was fizrther directed to notify the MHAA
and league teams that the fields are being scheduled because there
was no scheduled use and that they should let the city know as
Page No. 2
April 16, 1996
soon as possible should there be the need for a field on Frida.y
nights for make-up games.
f. Approval of a request from St. Thomas Academy to reserve the
Roger's Lake Pazk and Valley Park tennis courts from April 1 to
June 1, from 3:15 p.m. to 5:15 p.m., Monda.y through Friday,
with the condition that if a reservation at Valley Park proves
problematic, that St. Thomas would use Marie or Wentworth
Park instead.
g. Acknowledgment of the renewal of the Lease Agreement with
U.S. West/New Vector Group for the existing antennas on the
water tower.
h. Adoption of Resolution No. 96-18, "RESOLLJTION
ESTABLISHING MUNICIPAL STATE AID HIGHWAYS."
i. Authorization for the Mayor and Interim Administrator to
execute the developer's agreement for the Gopher State One Call
building.
j. Acknowledgment of a memo from Treasurer Shaughnessy
regarding workers' compensation insurance and approval to
accept the premium refund option for worker' compensation
renewal.
k. Approval of revised specifications for a 1500 GPM fire pumper
and adoption of Resolution No. 96-19, "RESOLUTION
APPROVING FINAL SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS FOR 1500
GPM PUMPER WITH 65-75 FOOT TELESCOPIC WATER
TOWER/AERIAL LADDER," bids to be received on May 15.
1. Approval of the list of licenses dated April 16, 1996 and attached
hereto.
m. Approval of the List of Claims dated Apri116, 1996 and
totaling $197,997.46.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
BOARD OF REVIEW Mayor Mertensotto opened the meeting for the continuation of the
Boazd of Review. Council aclrnowledged a memo from Treasurer
!.
Page No. 3
April 16, 1996
Shaughnessy and a status report from Bill Peterson, from the County
Assessor's Office.
Mayor Mertensotto stated that if Council has the same concerns as
the residents, it should not sign the Assessor's Statement this
evening, since the Board of Review provides the opportunity to
address the properiy owners' concerns with the County Assessor.
He suggested that the matter be deferred to the Apri130 adjourned
meeting since Council does not know at this tune what action has
been taken by the Assessor on the property owners' concerns and
appeals.
ENGINEERING PERSONNEL Council acknowledged a memo from Public Works Director
Danielson advising that Civil Engineer I Shawn Sanders has
submitted his resignation, effective April 17, and recommending that
two temporary engineers be recruited to assist with the summer
engineering work load.
Ayes: 4
Nays: 0
Councilmember Smith to acknowledge Shawn Sanders' resignation
with regret and best wishes for success in the future.
Councilmember Huber seconded the motion.
Mayor Mertensotto stated that he is concemed about blanket
authority to hire two full-time temporary engineers.
Public Works Director Danielson responded that he is asking for
approval to advertise at this time and will bring back a
recommendation for appointment at a future meeting. He explained
that he is not planning to replace Mr. Sanders with a permanent
employee at this time, but rather to hire two full-time temporary
engineers for the su.mmer only.
Mayor Mertensotto was concerned about the potential for
unemployment compensation clauns, and stated that the candidates
must be notified of the term of appointment and that there must be a
"sunset."
Public Works Director Danielson stated that October 31 could be set
as the termination date for both positions.
Councilmember Smith moved to authorize the engineering
department to advertise for two temporary full-time engineers to
assist with engineering work during the 1996 construction season
Page No. 4
Apri116, 1996
with both temporary positions to ternunate on October 31, and to
utilize Shawn Sanders for surveying assistance through the summer
as needed at a rate not to exceed $10 per hour.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
ZONING AMENDMENT Council acknowledged a memo from Administrative Intern Hollister
and proposed ordinance to amend the Zoning Ordinance to provide
for motor fuel stations and motor fuel station convenience stores as
conditional uses in the B-2 District and to allow banks and banking
institutions with drive-in facilities as conditional uses in the B-2
District.
There was Council discussion and concem over automatic teller
machines. Councilmember Smith stated that the primary concem is
that the city should have review authority over free standing ATM's.
� Councilmember Smith moved adoption of Ordinance No. 306, "AN
ORDINANCE AMENDING ORDINANCE NO. 401," revised to
r• . restate Section 16.2(8) to include ATM's.
.� � Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 96-OS/06 Council aclaiowledged a memo and proposed resolution from Public
DAKOTA BANK & SUPER Works Director Danielson regazding applications from Dakota Bank
AMERICA for subdivision of the Curley properiy at T.H. 110 and Lexington
Avenue and from SuperAmerica for conditional use permit and
variances for a motor fuel station and convenience store.
Council member Smith was concerned about the variance for the car
wash setback. She stated that she understood that the car wash was
at a 30 foot setback on the last plan. Councilmember Smith further
stated that the resolution does not discuss a variance for the trash
enclosure although Council had indicated that it did not want the
trash enclosure to be flush with the building and would grant a
variance to move the enclosure back.
Public Works Director Danielson responded that the setback for the
car wash is at 33 feet, and that the request is for a 27 foot variance
from the 60 foot setback requirement. He stated that the last plan
showed the car wash set back at 33 feet, and that the trash enclosure
appears to be flush with the building.
�
Page No. 5
April 16, 1996
Councilmember Smith stated that the language with respect to
variances is not consistent as to the parking lot setback, and asked
that the language be made consistent.
Public Works Director Danielson responded that item 3 should read
that there would be a seven foot parking lot setback variance from
the north a 12 foot setback variance from the northwest.
Councilmember Smith expressed concern that the sign setback
vaziance language in item 2 gives blanket authority for a sign two
feet from the right-of-way. She pointed out that the city has no
control over T.H. 110 in the future, and sta.ted that should the
highway ever be widened in the future, two feet would not be
sufficient.
Public Works Director Danielson responded that the variance is for
setback from the frontage road, and that there is a 60 foot setback
required from the lughway right-of-way.
Councilmember Smith suggested that the sign setback variance
should be tied to the drawing which was before Council on Apri12.
Mayor Mertensotto stated that he is also concerned about the car
wash windows. He informed Council that he was told by an
individual from SuperAmerica that after a facility has been in
operation for several weeks the soap builds up and discolors the
windows. He felt that perhaps this is a good reason to ask that the
windows be bricked up.
Councilmember Koch responded that this did not appear to be
significant in the car washes she has seen with windows.
Councilmember Smith stated that she is indifferent on whether there
are windows and felt that the decision on windows could be at the
discretion of SuperAmerica. She further sta.ted that she would vote
to approve the resolution with the reservation that SA give further
consideration to moving the trash enclosure back, which would
increase the variance.
Councilmember Smith moved adoption of Resolution No. 96-20, "A
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
AND VARIANCES TO ALLOW THE CONSTRUCTION OF A
SUPERAMERICA MOTOR FUEL STATION AND
CONVENIENCE STORE AND BANK WITH A DRIVE-IN
FACILITY AT THE SOUTHEAST QUADRANT OF TRUNK
HIGHWAY 110 AND LEXINGTON AVENUE (PLANNING
Page No. 6
April 16, 1996
CASE NOS. 96-OS AND 96-06," as amended this evening.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 96-01, SUPER Council aclrnowledged a memo from Public Works Director
AMERICA Danielson regazding the application from SuperAmerica for
conditional use permit and variances for a motor fuel
station/convenience store at Highway 55 and Mendota Heights
Road, along with a proposed approving resolution.
Mayor Mertensotto informed Council that the proposed resolution
which had been submitted in the agenda has been revised to provide
that Council reserves the right to approve either a pylon or
monument sign at a later date and to specifically prohibit outside
storage.
; . . Councilmember Koch moved adoption of Resolution No. 96-21, "A
RESOLUTION APPROVING A CONDITIONAL USE PERMIT
AND VARIANCES TO ALLOW THE CONSTRUCTION OF A
SUPERAMERICA MOTOR FUEL STATION AND
CONVEIVIENCE STORE AT TI� SOUTHEAST QUADRANT
OF TRUNK HIGHWAY 55 AND MENDOTA HEIGHTS ROAD
(PLANNING CASE NO. 96-01)."
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
PARK SHELTERS Council acknowledged a memo from Pazks Project Manager
Kullander regazding Wentworth Park shelters.
Mayor Mertensotto asked how the city could get the architect who
designed the Mendakota and Kensington Park shelters to release the
building plans without payment.
Interim Administrator Batchelder responded that Station 19
designed the park shelter plans for the city and staff will ask them
for release to allow the city to use the same design without a fee.
He informed Council that the Park and Recreation Commission
discussed the needs for Wentworth Park and feels that two smaller
shelters would be more appropriate for the park, since two groups of
people could be accommodated. He explained that the shelters
Ayes: 4
Nays: 0
�
Page No. 7
April 16, 1996
would be located between the parking lot and the tennis azeas, near
the path in the grassy area adjacent to the woods.
Mayor Mertensotto stated that he can see that one 16 by 16 foot
shelter, similar to the shelters in Kensington, would be somewhat
useless. He further stated that he does not tlunk the shelters in
Kensington are very functional.
Councilmember Smith agreed, commenting that the corner posts aze
too large for the size of the structures and make the shelters less
functional. She suggested that staff request alternate bids for two 16
by 16 foot shelters or one 16 by 24 foot shelter. She also sta.ted that
she would like more information on the shelters and what is huly
needed at Wentworth.
Staff was directed to conta.ct Station 19 to request a release.
Councilmember Smith moved to direct staff to prepaze a bid
pacic�ge for alternate bids for two 16 by 16 shelters or one 16 by 24
foot shelter and to advertise for bids.
Councilmember Huber seconded the motion.
Interim Administrator Batchelder stated that staff will include a map
with layout when the matter comes back to Council.
PUBLIC COMMENTS Mr. John Nides sta.ted that he is concemed about landscaping for the
SuperAmerica at T.H. 110 and asked if he would have the
opportunity for input.
Mayor Mertensotto responded that Mr. Nides is welcome to visit
City Hall during office hours and staff would show him the
landscaping plan that is on file. He explained that the developer's
agreement for the project will embody the landscaping plan.
Public Works Director Danielson stated that the dra.ft agreement is
being reviewed by the City Attomey and should be on Council's
agenda. for May 7.
Mayor Mertensotto asked Mr. Nides to document his concerns and
give them to staff so that they can be addressed.
ARBOR MONTH The City Council acknowledged a memo from Administrative Intern
Hollister and a proposed proclamation to proclaim May as Arbor
Month.
Page No. 8
April 16, 1996
Councilmember Smith moved adoption of a"PROCLAMATION
ACKNOWLEDGING THE MONTH OF MAY, 1996 AS ARBOR
MONTH."
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
WENTWORTH WATERMAIN Council acknowledged a memo from Civil Engineer Sanders
regarding proposed Wentworth Avenue watermain assessments and
an appraisal by Racine Appraisals which had been commissioned by
the city.
Mayor Mertensotto stated that the thirty inch main is for the city's
benefit and it is difficult to determine what the affect of the
improvement would be on platted lots. He pointed out that the
appraisal indicates that there would be a$1,200 market value
increase because of the availability of water and it would cost the
city more than that to install the service connections from the main
to the property line.
; < . Public Works Director Danielson sta.ted that the estunated cost to
.' � insta.11 the services is about $1,500 each, which exceeds the
estimated valuation increase.
Mayor Mertensotto suggested that the city should defer the malcing
of the assessments, as there is no point in making an assessment. He
pointed out that a hook up charge could be made later if property
owners decide to connect to water.
Councilmember Smith stated that the appraised value is actually
$1,500.
Mayor Mertensotto stated that he feels the biggest mistake that
Council could make is not to insta.11 a service connection.
Public Works Director Danielson agreed, responding that the city
will get its money back in the future when wells go bad and people
want to connect to water.
BID AWARD Council acknowledged a memo from Civil Engineer Sanders and a
tabulation of bids received for the Wentworth Avenue watermain
project.
Councilmember Smith moved adoption of Resolution No. 96-22,
`RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR CONSTRUCTION OF WATERMAINS
Ayes: 4
Nays: 0
Page No. 9
April 16, 1996
IMPROVEMENTS TO SERVE WENTWORTH AVENUE
(IMPROVEMENT NO. 95, PROJECT NO. 4)," awarding the
contract to Brown and Cris, Inc., for its low bid of $168,981.00.
Councilmember Huber seconded the motion. $168,981.00.
Staff was directed to retain the Northdale Construction bid bond
until the contract is executed.
CASE NO. 96-07, TUMINELLY Council aclmowledged a memo from Administrative Intern
(MENDOTA HOMES) Hollister regarding an amended application for the re-platting of
properiy owned by Carmen Tuminelly and located adjacent to
Crown Point and abutting I-35E.
Mr. Tuminelly stated that he received a letter from the city on April
11 in which he was informed that the Council had met on Apri12 to
review the plan presented by John 14lathern (Mendota Homes). He
� . informed Council that he has been a part of the application for
� fourteen months and has never not been a part of it, although Mr.
. Mathem has made all of the presentations as the developer. He
; � . stated that the letter from the city indicated that Council was
.� concemed on Apri12 about the layout of the property. He further
stated that letter informed him that he had to accomplish a couple of
things prior to coming back to the Council, improving the
configuration of the lots and removing or reducing the need for
variances. Mr. Tuminelly informed Council that he has
accomplished both objectives. He also informed Council that he has
applied for a developer's license and that Mr. Mathern is no longer a
part of the development. He stated that neither the city nor the
neighbors want the property to be developed with townhouses or
twin homes, and he did not like either of those development plans.
Mr. Tuxninelly informed Council that he has reconfigured the lots
and reduced them to five, including the lot which holds the existing
home. He explained that the home will be completely remodeled on
the outside and that he has sold three lots subject to final platting.
He reviewed the revised preliminary plat, stating that each of the lots
will far exceed the 15,000 square foot minimum size requirement.
He stated that the roadway was not continued to allow six lots
because it would not work because a cul-de-sac would have been
needed, along with a new fire hydrant, utilities, etc., and these were
not feasible. He informed Council that the three sales he has are
from very substantial people who will build homes ranging from
$250,000 to $290,000. He also stated that he is proposing a home
owners' association to take care of snow plowing, sidewalk
shoveling, grass mowing, etc. He sta.ted that the letter from the city
suggested that a single driveway be used for Lot 2 and 3, and he
Page No. 10
April 16, 1996
believes it is a good idea. He sta.ted that although the letter sta.ted
that there is no sewer connection for one of the lots, that is not
correct - there is an easement across the easterly end of the property
to allow connection to the sewer. He stated that he paid $23,000 two
years ago for the use of the sewer and he should have the right to
utilize it.
Mayor Mertensotto asked for audience comments.
Mr. Girard, 873 Highway 110, stated that lus concern is that along
with the development, there is a plan to widen the road in front of
his house because there will be an increased amount of traffic.
Mayor Mertensotto responded that there is no truth to the statement
that the road will be widened, and that there is no intention of
widening the road. He explained that Mn/DOT is planning to widen
the turn lane which would mean widening the entrance into Crown
Point. He informed the residents that the city has no control over
what Mn/DOT does.
Councilmember Smith stated that there has been no discussion on
widening but there was discussion that the existing road is wide
enough for existing homes and she had asked whether there is
sufficient raom for widening if it is needed.
Mr. Girard stated that he has never seen any problems with traffic
moving two ways along the road and he has two small children and
would like to keep whatever yard he has along the road. He stated
that the closer the road comes to his house the less safe his children
will be.
Councilmember Smith responded that Council's concern must be for
the general safety, and that does not mean what is there is not
sufficient. She informed Mr. Girard that she just raised the question
last meeting.
Mr. Tuminelly stated that he has been working with the state and
believes he has been pretty successful in getting the access to the
property improved, but he is not talking about widening the road but
rather getting a right-turn in and right-turn out at the highway. He
stated that Mn/DOT does not want to widen the road in front of Mr.
Girard's home, but rather just to widen the access to the
neighborhood.
Ayes: 4
Nays: 0
Page No. 9
April 16, 1996
IMPROVEMENTS TO SERVE WENTWORTH AVENUE
(IMPROVEMENT NO. 95, PROJECT NO. 4)," awarding the
contract to Brown and Cris, Inc., for its low bid of $168,981.00.
Councilmember Huber seconded the motion. $168,981.00.
Staff was directed to retain the Northdale Construction bid bond
until the contract is executed. �
CASE NO. 96-07, TUMINELLY Council acknowledged a memo from Administrative Intern
(MENDOTA HOMES) Hollister regarding an amended application for the re-platting of
property owned by Carmen Tuminelly and located adjacent to
Crown Point and abutting I-35E.
Mr. Tuminelly stated that he received a letter from the city on April
11 in wluch he was informed that the Council had met on Apri12 to
review the plan presented by John Mathern (Mendota Homes). He
. informed Council that he has been a part of the application for
� fourteen months and has never not been a part of it, although Mr.
Mathem has made all of the presentations as the developer. He
; . . stated that the letter from the city indicated that Council was
.� • concemed on Apri12 about the layout of the property. He further
sta.ted that letter informed him that he had to accomplish a couple of
things prior to comi.ng back to the Council, improving the
configuration of the lots and removing or reducing the need for
variances. Mr. Tuminelly informed Council that he has
accomplished both objectives. He also informed Council that he has
applied for a developer's license and that Mr. Mathern is no longer a
part of the development. He stated that neither the city nor the
neighbors want the property to be developed with townhouses or
twin homes, and he did not like either of those development plans.
Mr. Tuminelly informed Cou.ncil that he has reconfigured the lots
and reduced them to five, including the lot which holds the existing
home. He explained that the home will be completely remodeled on
the outside and that he has sold three lots subject to final platting.
He reviewed the revised preliminary plat, sta.ting that each of the lots
will far exceed the 15,000 square foot minimum size requirement.
He stated that the roadway was not continued to allow six lots
because it would not work because a cul-de-sac would have been
needed, along with a new fire hydrant, utilities, etc., and these were
not feasible. He informed Council that the three sales he has are
from very substantial people who will build homes ranging from
$250,000 to $290,000. He also stated that he is proposing a home
owners' association to take care of snow plowing, sidewalk
shoveling, grass mowing, etc. He stated that the letter from the city
suggested that a single driveway be used for Lot 2 and 3, and he
Page No. 10
April 16, 1996
believes it is a good idea. He stated that although the letter sta.ted
that there is no sewer connection for one of the lots, that is not
correct - there is an easement across the easterly end of the property
to allow connection to the sewer. He sta.ted that he paid $23,000 two
yeazs ago for the use of the sewer and he should have the right to
utilize it.
Mayor Mertensotto asked for audience comments.
Mr. Girard, 873 Highway 110, stated that his concern is that along
with the development, there is a plan to widen the road in front of
his house because there will be an increased amount of traffic.
Mayor Mertensotto responded that there is no truth to the statement
that the road will be widened, and that there is no intention of
widening the road. He explained that Mn/DOT is planning to widen
the turn lane which would mean widening the entrance into Crown
Point. He informed the residents that the city has no control over
what Mn/DOT does.
;. . Councilmember Smith sta.ted that there has been no discussion on
.� widening but there was discussion that the existing road is wide
enough for existing homes and she had asked whether there is
sufficient room for widening if it is needed.
Mr. Girazd sta.ted that he has never seen any problems with traffic
moving two ways along the road and he has two small children and
would like to keep whatever yard he has along the road. He stated
that the closer the road comes to his house the less safe his children
will be.
Councilmember Smith responded that Council's concern must be for
the general safety, and that does not mean what is there is not
sufficient. She informed Mr. Girard that she just raised the question
last meeting.
Mr. Tuminelly stated that he has been working with the state and
believes he has been pretty successful in getting the access to the
property improved, but he is not talking about widening the road but
rather getting a right-turn in and right-turn out at the highway. He
stated that Mn/DOT does not want to widen the road in front of Mr.
Girard's home, but rather just to widen the access to the
neighborhood.
�
Page No. 11
April 16, 1996
Mr. Alex Hushcha, 1977 Crown Point Drive, stated that the current
proposal seems to be much better than the prior proposals for eight
homes or ten townhouses.
Ms. Nancy Girard asked whether the proposal for a five lot
.. development includes the existing home.
Mr. Tuminelly responded that the home would be on one of the five
lots.
Ms. Girard stated that the traffic goes by fast already. She asked if
some a stop sign or other type of sign could be insta.11ed to reduce
the speeds, because she already heazs screeching from the cazs
turning ofFof Highway 110 and young people come up from the
park trails on their bikes and are in danger.
Mayor Mertensotto sta.ted that pazking is banned on the frontage
road for that reason, and so that people do not park on the frontage
road:to get to the park.
Ms. Girard asked if someone can take a look at the traffic. She
stated that she does not think five houses would make a major traffic
problem but that there is a speeding problem now and added traffic
will make the road more dangerous for children. She suggested that
there should be a stop or yield sign at the entrance to the new lots.
Mr. Tuminelly responded that there is a stop sign coming out onto
the frontage road from Crown Point Drive but it is not very visible
because of the trees, etc.
Councilmember Huber asked if the application must be returned to
the Planning Commission. He stated that he does not have any
particular concern with the proposal but would prefer that the
Planning Commission had reviewed it. Mayor Mertensotto
responded that the Planning Commission has had the matter before it
and recommended denial of an earlier plan.
Mr. Tuminelly stated that this is a continuation of the last discussion
before Council and he sees no need to go back to the commission.
He stated that he does not want to lose his sales and pointed out that
the proposal has been reduced from ten lots to five lots.
Councilmember Smith stated that she came with the same concerns
as Councilmember Huber about processing because tlus is a very
different plan than what the Planning Commission reviewed, but hat
she is somewhat persuaded by Mr. Tuminelly's statement that this is
�
Page No. 12
April 16, 1996
not a new plan but rather a revision to a plan the commission akeady
reviewed. She further stated that the plan does essentially address
Council's concerns including the comfort of future residents. She
felt that there would be plenty of room for future owners to screen
traffic noise, etc.
Mr. Tuminelly stated that he had hoped to install a berm but found
out that there is a water main in that location. He informed Council
that he can move the berm location forward and plant trees on it to
help reduce highway noise.
Mayor Mertensotto was concerned about whether discussion on the
application can be continued under the sixty day requirement.
Interim Administrator Batchelder responded that the application
began on March 5 and was before the Planning Commission in
March. He stated that the clock began ticking on March 5, so May 5
or 6 would be the end of the sixty days and if the sixty day limit is
extended this evening the applicant should be notified in writing.
Mayor Mertensotto asked if Mr. Tuminelly is asking for any
variances.
Mr. Tuminelly responded that the driveway is the same as approved
originally, and a variance was granted in the original plat. He stated
that he can lay out the plat with two driveways if the Council
desires.
Mayor Mertensotto pointed out that a variance would be required if
there were to be a common driveway.
Mr. Tuminelly sta.ted that he would prefer one driveway for each lot,
but a single driveway going up the properiy and branching off into
the additional lot would preserve most of the existing trees.
Public Works Director Danielson stated that if there is a common
driveway a variance would be required. He informed Council that if
the setbacks for Lots 1 and 2 are measured at the house setback line,
there is 100 feet of fronta.ge where Mr. Tuminelly proposes to build
the houses, but there is not 100 feet of frontage at the setback line.
Councilmember Smith responded that the building envelope for
those lots is necessarily different and meet all requirements. She
stated that variances are not required, but whether or not they are
advisable is another question.
Page No. 13
April 16, 1996
Mayor Mertensotto stated that Council told the applicants what they
wanted the applicants to do and he felt it would be foolhardy to send
the application back to the Planning Commission because of the
sixty day limit. He felt that each properiy oumer should own a
driveway so that they do not need to worry about who is to maintain
a common drive, etc. He further stated that if the preliminary plat
does not show a single driveway, then no common driveway would
be allowed
There was discussion over locations in the city where there are
shared driveways.
Mr. Tuminelly stated that shazed driveways have been handled by
deed restrictions in the past. He explained that there will be an
association which will pay the costs for any future repairs or
mai.ntenance.
Mayor Mertensotto responded that driveway maintenance is always
a problem, and he thinks that each property should have its own
separate driveway.
Councilmember Smith stated that the plan will certainly
accommodate individual driveways but she would be willing to look
at whether in this situation a shared drive would be preferable. She
asked whether preliminary plat approval can be subject to future
consideration of the driveway.
Public Works Director Danielson responded that a party line
easement would have to be filed with or prior to the final plat.
Mayor Mertensotto stated that instead of replatting two of the lots in
the Carmen Court Addition, Mr. Tuminelly should do a replat of the
entire addition for title purposes. He stated that there is only one
structure now and that will be modified to come within the lot line.
He sta.ted that unless there is a total replat, there may be future
problems.
Councilmember Huber moved to approve the preliminary plat for
the replat of the Carmen Court Addition into a five lot subdivision
with the understanding that Council reserves the right to a future
decision with respect to the shazed driveway.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
Page No. 14
April 16, 1996
MIDWEST GAME FEST Council acknowledged a letter from Mr. & Mrs. James Tousignant
requesting authorization to hold a Midwest Game Fest on land held
by Victor Properties east of I-35E along Mendota. Heights Road.
Council also acknowledged an associated memo from
Administrative Intern Hollister. Mr. & Mrs. Tousignant were
present for the discussion.
Mr. Tousignant stated that the game fest is an outdoor family event
with a wide variety of displays on products involved in many
sporting activities. He stated that he is requesting a conditional use
permit, a faod and beverage sales license, including 3.2 malt
beverage license, and a retail sales and vending license to a11ow his
clients to sell goods to their customers. He explained that there will
be very strict requirements placed on gun sales. Mr. Tousignant
stated that this will be a first event and that he will work closely with
the community. He informed Council that he has received
permission from Visitation and St. Thomas for overflow parking on
their land. '
. Mayor Mertensotto stated that one of his questions was whether any
r � . event like this had been done before.
Mr. Tousignant responded that there are several game fairs held in
Minnesota annually, the largest of which is the game fair which has
been held in Anoka every year for fifteen yeazs. He sta.ted that all of
the events aze successful and family oriented, and that the sales
community is looking for such an event on this site.
Mayor Mertensotto was concemed about parking in the event of
rain.
Mr. Tousignant responded that the Renaissance Festival is held on
the same weekend, and he has researched how rain has impacted the
Festival. He stated that there have only been one or two times when
it has rained. He further stated that rains aze quick in August, they
come and go quickly. He informed Council that he has spoken to
people in the excavating business and with the winter settling and
clover mix the entire site can be covered and be appropriate for
parking. He stated that Visitation will also allow him to use its
property on the south side of Mendota Heights road. He explained
that the property has not been used for at least ten yeazs and was
compacted and is very acceptable for parking.
Mayor Mertensotto informed Mr. Tousignant that Council has never
permitted itinerant sales and the Zoning Ordinance gives no means
of permitting them. He stated that the land is currently zoned R-1
�
Page No. 15
Apri116, 1996
but may be guided for commercial. He felt that approving the
request would open up a Pandora.'s box with respect to itinerant
sales. He pointed out that the city has never allowed open sales lots,
flea markets or Christmas tree sales lots as a policy.
Mr. Tousignant responded that he is asking for a temporary license
and is not promoting a free market environment but rather an up
scale event.
Mayor Mertensotto also informed Mr. Tousignant that gun sales
have always been prohibited.
Mr. Tousignant stated that there will only be displays on site and no
on-site gun sales. He informed Council that any gun sale
transactions will be strictly on paper only.
Councilmember Smith stated that there are a number of major
hurdles: no gun sales; that it is an R-1 District and Council has
denied much smaller events in the R-1 District; and, no itinerant
sales are allowed in the city. She stated that Council has even
denied a request for permission to sell Christmas trees in the past.
She stated that for these major reasons and breeches of what has
been the policy she could not vote in favor of the request.
Councilmember Huber agreed, stating that he has a real problem
with gun sales even if there is no display of guns.
Mr. Tousignant responded that if gun sales is a major obsta.cle he
can withdraw that request.
Mayor Mertensotto asked whether there aze other sites available,
such as the sta.te fair grounds, which are improved and have
blacktopped parking.
Mr. Tousignant responded that there aze other places with blacktop,
etc., but the whole theme of the event is to be out in the country.
Mayor Mertensotto stated that while he would like to see the
property owners make some revenue from the properiy, he has real
problems with an event of this nature because of traffic and parking,
and also the sale of malt beverages.
Councilmember Huber pointed out that regardless of what is being
sold, it is still an issue of itinerant sales.
Page No. 16
April 16, 1996
Councilmember Koch sta.ted that she is not entirely opposed to the
proposal as the land is not in a residential neighborhood. She further
stated that itinerant sales people want to sell their goods in high
traffic areas like the intersection of Dodd Road and T.H. 110 but the
Tousignant location would not be characteristic of a site an itinerant
merchant would use. She stated that she would like to see if there is
some way the issues can be worked out. She informed Council that
she is familiar with the event held in Anoka and knows people who
attend it and she has not heard any complaints from them. She
stated that she would like to see if there is some way the request can
be accommodated.
Councilmember Smith stated that her comments are not reflective on
the project. She explained that she is not opposed to the concept but
if it were approved, Council would be opening the city to many
hurdles in the future.
• . Mr. Tousignant stated that the event is not a gun swap, but rather is a
� place to take one's family to learn about fishing, new camera
products, etc. He stated that it is a real family event and the location
; . . is far enough away from a residential neighborhood that it will not
bother anyone.
Mayor Mertensotto pointed out that Mr. Tousignant anticipates
thousands of people would attend the event over its three days and
he was concerned about traffic, pets brought along, etc.
Councilmember Koch noted that the event would be held at a time
when there is little activity or traffic in the azea.
Mr. Tousignant informed Council that the fair would be on the week
end and only be on one week day, and on the week day it would
open after rush hour so as not to create traffic problems. He
explained that he wants the site to be shut doum by 9:30 or 10:00
p.m.
Councilmember Koch asked if this could be a test case and not be
held every year.
Mayor Mertensotto responded that once Council allows a test case a
precedent would be set.
Mr. Tousignant stated that for a first year event and he has made the
estimates of participation as large as may be possible. He stated that
the event may not draw so many people the first year.
Page No. 17
April 16, 1996
Mayor Mertensotto stated that on one hand, the Tousignants own the
land and pay taxes on it, but if Council is to err it would be better off
to err on the side of denial. He stated that he will not support the
request. He further stated that Mr. Tousignant has obviously done
much work on the proposal but it does not fit in with the way the
city has been operated since its inception.
Councilmember Huber stated that it is not a bad presentation or
badly thought out, but he cannot support approval.
Mr. Tousignant asked if there would be the opporhuiity to explore
things that he could address to put together an event that the Council
could agree with. He stated that he wants the event to be good for
the community and that he will remove the gun sales if Council
wants and would not allow the display of guns or anununition.
Councilmember Huber stated that if the event were successful, it
• . would almost get to the point where there would be an area
established in the R 1 zone where it would be improved and made
even bigger and annual. He pointed out that the Bjorklund boutique
; , became so successful in a residential azea that Council had to tell
. Mrs. Bjorklund that she had to move the operation. He stated that
this also is a residential district and if the event is successful,
Council would be in a situation it would not want to be in.
Mr. Tousignant stated that the property was developed for some type
of commercial usage and he wants to bring business into the city and
to develop his properiy and become a successful business.
Mayor Mertensotto responded that now it is to the point that Mr.
Tousignant is saying that this is more than the proposal is in front of
Council.
Councilmember Smith pointed out that the boutique is a success in
an appropriate lacation and while it was in the home it caused too
many problems for many neighbors.
Mayor Mertensotto stated that Council would like to see the
property develop at some time but development of the property is
not before Council at this time. He stated that Mr. Tousignant
requested permission to operate the Midwest Game Fest as a
temporary three day event, but now it is getting to be something
else. He stated that if the request is approved, Council would be
permitting itinerant sales in the R-1 District.
Page No. 18
April 16, 1996
Councilmember Huber moved to deny the request to operate
Midwest Game Fest on the Victor Properties property.
Councilmember Smith seconded the motion.
Ayes: 3
Nays: 1 Koch
RIGHT-OF-WAY VACATION Council acknowledged a letter from Mr. Dave Bjorklund and Mr.
Dick Bjorklund and Ms. Melanie Perron for the vacation of right-of-
way along Mendota Heights Road and Condon Court adjacent to
their properties. Council also aclmowledged a related memo from
the Public Works Director.
Mayor Mertensotto stated that his concern is that it is right-of-way
that was given to the city by Mn/DOT and it has some value,
particularly when added to another property. He further stated that
with the zoning change it becomes another issue and concern and is
. more than just a vacation of an unused portion of a street.
Councilmember Smith stated that the intersection of Mendota.
Heights Road and Dodd has had some problems - there are sight
,, , problems - and a turn lane may need to be added in the future. She
. � stated that she would be reluctant to give up any right-of-way. She
further stated that it is unclear to her in this case that the right-of-
way will never be needed, unlike those vacation requests which
Council has approved in the past.
Mayor Mertensotto stated that now that the city owns the right-of-
way, it is not necessary to negotiate to get land which may be
needed in the future. He further sta.ted that there is over 18,000
square feet of land azea in the right-of-way which could ultimately
go into some type of commercial zoning if it were vacated.
Councilmember Smith moved to deny the request to consider
vacation of the right-of-way.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
CRUZ VARIANCES Council acknowledged a memo from Public Works Director
Danielson regazding denied variance requests from Mr. & Mrs.
Richard Cruz, 1338 Cherry Hill Road, for driveway setback and
recreational vehicle storage in a side yazd, and efforts which have
been made to mediate a solution between the applicant and his
neighbor.
Page No. 19
April 16, 1996
Mr. Mike Neska, 803 Park Place, stated that his back lot line is
adjacent to Mr. Cruz' side lot line where the RV is parked.
Mayor Mertensotto stated that as far as he is concerned, what is the
front yard is what is to the front of the house, and the sideyard is
where there are problems where people put in blacktop for parking
vehicles and recreational vehicles. He stated that the storage of
RV's in the side yazd always creates problems.
Councilmember Smith stated that Mr. Neska has the dual problem of
looking out has back yard at the vehicle.
Mr. Neska informed Council that he designed lus home so that the
living space is in the back of the home and the first thing visitors to
his home see is the RV. He stated that Mr. Cruz installed a concrete
slab that the city did not approve and the city ordinances say that he
cannot store recreational vehicles within ten feet of Mr. Neska's
property. He informed Council that Mr. Cruz cannot park his RV in
the sade yazd without being within ten feet of his property. He asked
why Mr. Cruz was allowed to put a concrete slab on the side of his
house for the purpose of parking the RV on it. He also sta.ted that
the concrete slab is about two feet onto his property.
Interim Administrator Batchelder responded that Mr. Cruz was
issued a building permit and certificate of occupancy, and the slab
was poured after he certificate was issued. He informed Mr. Neska
that the city requires that a driveway be five feet from the property
line and that the City Council denied Mr. Cruz' application for
variance.
Councilmember Smith stated that in the past Council has required
people to remove concrete slabs if they were in violation of the
ordinance and that she believes neighbors have the right to rely on
the ordinance.
Councilmember Huber stated that he believes Council discussed that
the slab was too close to the lot line and he thought that was
resolved. His recollection was that Council's direction was to
enforce the ordinance, but the prosecutor suggested mediation and
that he does not lrnow if Council ever told Mr. Cruz to remove the
slab. He stated that he thought the city could not enforce the
location of the RV.
Interim Administrator Batchelder responded that the Zoning
Ordinance requires that driveways be five feet back from the side lot
line, and Mr. Cruz may argue that the portion of the slab is behind
�
Page No. 20
April 16, 1996
the front of the house. With respect to a portion of the slab being
located on the neighbor's property, he stated that because that is a
civil matter he is not sure the city could do any enforcement. He
informed Council that the city does not require pernuts for concrete
slabs that are not driveways.
Councilmember Smith agreed that it would be a civil matter and
stated that Council is only talking about the five foot setback issue
and whether that has to be dealt with.
Mayor Mertensotto stated that there are really two interpretation
issues: the definition of sideyazd and front yard; and the definition of
parking and storage.
Interim Administrator Batchelder responded that the slab is in
violation of the five foot setback requirement.
Acting City Attomey Michael Duffy stated that there is no definition
of sts�rage in the zoni.ng ordinance but section 3.29(8) describes
parking space.
Mayor Mertensotto stated that if it is a driveway, the ordinance says
it can be no closer than five feet from the property line, and anything
else would require a ten foot setback. He stated that there is a
violation of the setback requirement and Council should take action.
Councilmember Smith stated that she does not see why tlus is any
different from any other ordinance violation that Council has
pursued, and that it is a violation of the setback requirement for
driveways. She also stated that pazking and storage come down to
pretty much the same thing by definition.
Acting Attorney Duffy stated that he does not think there is a
difference, and the intent of the code is to prevent recreational
vehicles from being stored along side of a building. He also pointed
out that the ordinance does not pernut the parking of a recreational
vehicle along side a building.
Mr. Neska asked if there is anything that would say that Mr. Cruz
could not park the RV closer than 10 feet from Mr. Neska's property
if Council instructs Mr. Cruz to remove the driveway.
Councilmember Smith responded that Mr. Cruz' legal counsel has
stated that if his client parked within ten feet of the property line,
even in the front of the house, that would be permissible.
Page No. 21
April 16, 1996
Interim Administrator Batchelder stated that there are practical
definitions of front and side yaxds but no where in the ordinance
does it specifically say that.
Mayor Mertensotto sta.ted that it has been the accepted definition
over the years that the front of the lot is the front, the side is the side
and the back is the back. He further stated that the city has side yard
setbacks and doe not permit parking and storage on the side because
the neighbors have to look at the storage.
Councilmember Huber moved to notify the land owner that he has a
structure that is in violation of the ordinance - if it is a driveway it
must be five feet from the property line and if it is any other type of
structure it must be set back ten feet from the property line - and to
request that the slab be brought into compliance with the ordinance.
Councilmember Smith seconded the motion.
Ayes: 4
Nays:O •
CELLULAR TOWERS Council aclrnowledged a memo from Administrative Intern Hollister
, , . regazding cellular tower regulations.
After brief discussion, the mater was tabled.
LIVABLE COMMLJNITIES Council acknowledged a memo from Interim Administrator
Batchelder regarding review of the proposed action plan for the
Livable Communities Act.
Interim Administrator Batchelder stated that he has been
participating with Dakota County on the development of a cluster
plan. He informed Council that an action plan must be submitted by
June 30, and the draft plan is before Council this evening for review
and to alert Council that the Metropolitan Council will require each
community in the cluster to attach a statement to the plan indicating
what each city will do on an individual basis. He stated that the city
must get the statement to the HRA by April 16, and that staff can
prepare it and let the HRA know it will not be available until
Council reviews it on May 7. He stated that there are many things
the city has within its control to accommodate affordable housing,
such as the Council refusing to increase building permit fees lasY
year.
Council directed Interim Administrator Batchelder to prepare a
statement for review on May 7.
Page No. 22
April 16, 1996
TREE MORATORIUM Council acknowledged a memo from the City Clerk regarding
adoption of a tree removal ordinance or extension of the elcisting tree
removal moratorium.
After brief discussion, Councilmember Huber moved adoption of
Resolution No. 96-23, "A RESOLIJTION EXTENDING THE
LIMITED TREE REMOVAL MORATORIUM," extending the
moratorium to September 1.
Councilmember Smith seconded the motion.
Ayes: 3
Nays: 1 Koch
ADJOURN There being no further business to come before the Council,
Councilmember Huber moved that the meeting be adjourned to
Apri130, 1996 at 7:00 p.m. for consideration of requests for
proposals for City Planner, continuation of the Board of Review and
other items. . •�
� . Councilmember Smith seconded the motion.
Ayes: 4 � .
Nays: 0 .
; , .
TIME OF ADJOURNMENT: 11:34 o'clock A.M.
ATTEST:
Chazles E. Mertensotto
Mayor
Kathleen M. Swanson, City Clerk
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
As�halt Contraetor License
Bituminous Consulting
Nlasonrv Contractor License
Jim Gallagher Masonry
Sxcavatiag Contractor License
xubbell Excavating .
A. Kamish & Sons Inc.
Slater Excavating .
G�s•�Piping Contractor License
Apollo Heating & Vent. Corp.
Suburban Air
i�YAC Contractor License
Suburban Air
General Contractor License
Arkay Construction Company
Frerichs Construction Company
Lindstrom & Son Roofing
R.AK Construction Inc.
Spancrete Midwest Co.
Michael Tutewohl Homes Inc.
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesda.y, May 7, 1996
Page No. 1
?�1-�fr-�996
��� �
Pursuant to due ca11 and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were
present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith.
AGENDA ADOPTION
Ayes: 5
Nays: 0
Councilmember Krebsbach moved adoption of the revised agenda
for the meeting.
Councilmember Smith seconded the motion.
APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the
• regulaz meeting held on March 19, 1996.
Councilmember Kach seconded the motion.
Ayes: 4
Nays: 0
Abstain: 1 Smith
Councilmember Huber moved approval of the minutes of the regular
meeting held on Apri12, 1996.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
Councilmember Huber moved approval of the minutes of the Board
of Review meeting held Tuesday, Apri12, 1996, with the addition of
the residents' sign in sheet as an exhibit to the minutes.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
Abstain: 1 Krebsbach
Councilmember Smith moved approval of the minutes of the
adjourned Council meeting held on Apri130.
Councilmember Koch seconded the motion.
Ayes: 5
Nays 0
CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar
for the meeting, revised to move item g, water service connection
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Page No. 2
April 16, 1996
policy, to the regular agenda, along with authoriza.tion for execution
of any necessary documents contained therein.
a. Acknowledgment of the minutes of the April 10, 1996 Airport
Relations Commission meeting.
b. Acknowledgment of the minutes of the Apri123, 1996 Planning
Commission meeting.
c. Aclrnowledgment of the Treasurer's monthly report for April.
d. Acknowledgment of the Code Enforcement monthly report for
April.
e. Approval of a wetlands pernut for Mr. & Mrs. Dave Palmer to
pernut replacement of an existing deck at 675 Ivy Falls Court.
f. Authorization for the Mayor and City Clerk to execute a Quit
Claim Deed transferring the sanitary sewer easement for an
inverted siphon connection under the Mississippi River to the
Metropolitan Council.
g. Aclrnowledgment of the renewal of the Lease Agreement with
U.S. WestlNew Vector Group for the existing antennas on the
water tower.
h. Authoriza.tion for the Mayor and one Councilmember to execute
the certification form to enable the city to receive Local
Performance Aid payable in 1997.
i. Authorization for issuance of a building permit to Garven
Greetings to allow exterior changes to 1450 Northland Drive.
j. Acknowledgment of receipt of a franchise tax fee refund from
NDC-4 and authorization for payment of $3,338 for continued
funding of the "Insight" program.
k. Direction to schedule public hearings for liquor license renewals
for Mendota Liquor, Marriott Corporation, Mendakota Country
Club and Somerset Country Club.
1. Approval of a three-month unpaid leave of absence for Kim
Blaeser from June 3 to September 9, 1996.
m. Approval of the permanent appoinhnent of Lee Flandrich as
Police Officer.
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Ayes: 5
Nays: 0
Page No. 3
April 16, 1996
n. Adoption of Resolution No. 96-24, "A RESOLiTTION
AMENDING THE CITY'S COMPREHENSIVE PLAN TO
ALLOW FOR HRA SENIOR HOUSING."
o. Approval of the list of licenses da.ted May 7, 1996 and attached
hereto.
p. Approval of the List of Claims dated May 7, 1996 and totaling
$340,150.69.
Councilmember Smith seconded the motion.
WENTWORTH WATERMAIN Council acknowledged a memo from Civil Engineer Mogan
regarding adoption of a water service connection policy for the
Wentworth watermain project.
Mayor Mertensotto stated that the property owners will derive some
. benefit from the project because they will have a hydrant for fire
protection, but an appraisal which was done for the city found that
the value would not be as great as the proposed assessment. He
, further stated that the report from Engineer Mogan indicates that
there would be substantial savings if service connections aze not
installed, and asked how substantial the savings would be. He also
asked what the distance will be between the hydrant connections.
Public Works Director Danielson responded that the savings would
be about $1,200 per service. With respect to the hydrants, he stated
' that they will be strategically located so that the service connections
could be made from them to serve the homes. He explained that St.
Paul Water would like the city to connect the services off of the
� hydrant leads. He stated that there may be requests from home
i owners for water service, and there may be problems because the
' homes will have varying lengths of distance to run. Also, he stated
; that he does not think it would be advisable to disrupt the road
surface.
Mayor Mertensotto responded that he believes it would be penny
, • wise and pound foolish not to install the services now to the property
lines. He felt it would be a very big mistake to set a rate now for a
connection charge but that the city should instead keep track of its
costs from this date and use that as the bas for future connection
- charges. He stated that the charge would be determined at the time
1 of connection based on current construction costs.
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Ayes: 5
Nays: 0
Page No. 4
April 16, 1996
Councilmember Smith moved to amend the proposed connection
policy resolution to provide that services be installed on Wentworth
Avenue for the existing properiy owners and that the hook up charge
will be deternuned on an annua.l basis, with direction to sta.ff to
prepaze a formal resolution for the next Council agenda.
Councilmember Smith seconded the motion.
Staff was directed to notify the property owners that the assessment
has been canceled but if they do hook up to the water system in the
future, they will be required to pay a connection chazge that would
embody a normal assessment.
LLOYDS FOODS T.I.F. Council aclaiowledged a memo from Fire Marshal Ka.iser rega.rd.ing
a request from Lloyds Food Products for tax increment financing
assistance in th� installation of an early warning emergency action
system and repairs to the fire protection system at the Lloyds
building located at 1455 Mendota Heights Road. Fire Mazshal
Ka.iser was present for the discussion.
Mayor Mertensotto stated that the Fire Marshall has asked Lloyds to
install the alarm system to protect the occupants of the building and
fire safety personnel in the event of a spill of anhydrous ammonia at
the facility. _
Treasurer Shaughnessy informed Council that under the request,
Lloyds would pay the cost of the fire safety improvements and alazm
system, at an estimated total cost of $80,000, and the city would pay
one half of the cost upon completion. Lloyds would be required to
bring the city proof after completion that they have paid the total
cost and then the city would reimburse one-half of the cost up to a
maximum of $40,000.
Councilmember Smith stated that she is a little concerned that the
existing lack of alarm system is grandfathered under the fire code.
Fire Mazshal Kaiser responded that if he had to apply a code that
would become law in 1996, Lloyds could claim that it is
grandfathered and the city would have to go to court to require the
improvement.
Mayor Mertensotto felt that the requests is a good trade-off:
anhydrous ammonia is a hazardous material, and Lloyds has agreed
to put in the early warning system in the event there is a leak in the
anhydrous ammonia system. —
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Page No. 5
April 16, 1996
Councilmember Krebsbach moved to authorize staff to prepaze a
T.I.F. agreement to assist Lloyds Food Products, Inc. in repairs to its
fire protection system and installation of an early warning
emergency action system to the extent of 50% of the cost up to a
matcimum of $40,000.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
IVY FALLS CREEK OUTLOT Council acknowledged a memo from Public Works Director
Danielson regarding acquisition of Outlots A, B and C, Ivy Fa11s 2°�
� Addition from the Ivy Falls Homeowners Association. Council also
acknowledged minutes of past Council meetings at which the matter
had been discussed. Mr. Jack Brassard, President of the home
owners association, was present for the discussion.
Mayor Mertensotto stated that the association owns three outlots and
they are impressed with an easement running in favor of the city that
the city needed in connection with the Ivy Falls Creek improvement
project, but that is not the problem. He stated that the problem is
owning land in a hazardous area as private property and the desire of
the association to get out from under the cost of insurance and taxes
which the association must pay.
Mr. Brassard informed Council that everything has changed, as the
property is no longer in its natural state and is no longer protected by
the law that says that if it was held in its natural state there was some
protection for the association. He stated that people ride bicycles
and down the construction road now.
Mayor Mertensotto responded that the city had anticipated that the
road would grow back in its natural state but if people continue
riding on the road it mainta.in its road state. He stated that if the city
accepted title to the property, the existing signs would remain but
the city would not become a"sacrificial lamb" to the people in the
association who call to say that the police should respond because
there are people on the outlots. He explained that it would be
detrimental to the city to have the police constantly called about
trespassing, etc., because the police force is not lazge enough. He
informed Council that he is aware, by the telephone messages he has
received, that there are very few who oppose giving the city title to
the outlots but they are putting Council into the position of the
governing body of the city coming between private property owners.
He stated that many of the calls he received asked if the majority of
the association membership should prevail when they want to get
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Page No. 6
April 16, 1996
out from underneath the expenses of the outlot, and he felt that there
are some who think they can get the property into private ownership.
Mr. Brassard responded that the association cannot get all of the
property owners to agree.
Mayor Mertensotto sta.ted that the only other option is for the
association to let the property go tax forfeit, and if the property is
allowed to go tax title the city would likely notify the county that it
would like to receive title to the land for conservation purposes. He
informed the audience that the city would then use the land only for
dra.inage purposes and would not mainta.in the area or make it a
public attraction. He did not think the city should get involved in
coming between the association members. He stated that all that
anyone who objects would be able to do to stop the transfer would
be to get a restraining order.
Mr. Brassard stated that the association bylaws say that the majority
governs, but he cannot stop those who oppose it from coming to
Council and objecting. He further stated that there aze many people
now who say they refuse to pay dues to the association, and the
problem the association faces is that over 70% of the people in the
association want to get rid of the land. He informed Council that the
assaciation held a special meeting in February and a motion was
made that he should proceed with transferring the deed to the city,
and about 70% of the people in attendance were in favor of the
motion. He asked if they are to be deprived because 30% do not
want the transfer to happen.
Councilmember Huber responded that his only concern is that this
might set a precedent. He stated that some time ago, people in Park
Place came to the Park and Recreation Commission to ask that the
city take the tot lot off their hands and the commission said no. He
explained that he is concerned that there are possibly other parcels of
land where the neighborhood may have wanted to maintain a parcel
of land as private property and then in the future will no longer want
it and will want the city to take it. He was very concerned about the
precedent that might be set by taking property off the hands of the
neighborhood association.
Mayor Mertensotto felt that this situation is unique. He stated that
in the case of Pazk Place, the neighborhood wanted the city to take
the tot lot into the city park system, which would have required
maintenance by the city. He stated that Council does not want to get
into owning and maintaining tot lots and does not want to add any
more tot lots to the park system.
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Page No. 7
April 16, 1996
Councilmember Huber responded that in that situation, as in this
case, Council would be taking on a situation where there is cost
involved. He pointed out that the city would be relieving the
association of a potential liability, and he felt that Council would be
setting a precedent it might not want. He stated that he is not sure
that the city could keep people off the property if the city owned it,
as it would be public property.
Mayor Mertensotto responded that the city could keep people off the
property because someone could get injured. He stated that he was
told by one of the neighborhood residents that he laiew of two or
� three people who were injured in the falls.
; Mr. Brassard informed Council that the association is paying
� insurance on the property now. He felt that this is unique because
previous to the time that the city installed the storm sewer system
� there was no problem.
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Councilmember Smith asked if Council could agree in principle
because of the difficulty with respect to insurance. She sta.ted that
she has heard conflicting reports that insurance is available , and
eventually the area will grow over and the hazard will be reduced.
She fiuther stated that she is not familiaz with the association bylaws
but that it has been represented to her that approval of 2/3 of the
owners of all the lots is needed. She stated that it is her
understanding that at least some of those who live adjacent to the
outlots want to own the property.
Mr. Brassard responded that the issue was raised at the membership
meeting and 70% voted against it - 59 people voted against
transferring the property to the adjacent property owners. He
informed Council that the association has been discussing the
transfer of the outlots for three years and for an entire yeax the
people who are objecting did not come up with any suggestions
other than to increase the insurance.
Councilmember Smith stated that one of her primary concerns is that
there aze some very strong feelings about the issue and while
Council has agreed in principle to take the property, there is
controversy over whether the strict guidelines of the association
have been followed. She was also concerned about precedent. She
stated that she would like to see the association try again to gain
consensus.
Mr. Brassard responded that it would be impossible, and stated that
he has been working on the matter for three years.
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Page No. 8
April 16, 1996
Councilmember Huber suggested that perhaps mediation services
could be of assistance.
Councilmember Smith sta.ted that with the sta.tus of dissent she does
not think the city should get in the middle at this point.
Mayor Mertensotto informed the audience that when a an area
azound water is platted now, lots are platted to the water line and the
city requires a twenty foot easement along the shore line. He stated
that the city would never again allow a common azea to be platted
azound the creek. He sta.ted that if the city had title to the property it
would not want people on the property because of the hazardous
nature of the reaches of the creek.
Mr. Brassard informed Council that he took over the presidency of
the association because no one else wanted it, and he has acted
within the bylaws. He stated that 70% of the people want to get
away from the association and to do that, the association must get
rid of the property. He explained that the association would stay in
existence by vote of 70% of the members every ten years and that it
is automatically conti.nued every ten years.
Councilmember Smith stated that the deed that was presented to the
city indicates that if the city does not comply with the stipulations of
the deed, the association would have the right to take the property
back. She stated that if there was no longer an association, those
who want the property would have little recourse.
Mr. Scott Spisak, 714 Sylvandale Court North, stated that his
property overlooks the outlots. He stated that this is an emotional
issue that is beginning to divide some of the neighborhood and he
did not feel it should be before Council this evening, that to his
knowledge there has never been a claim against the association for
injuries, and the whole issue is one of liability and insurance, and,
tied into that, the dues. He stated that the original bylaws state that
the association is a corporation, so there should be no personal
liabiliry to the members, and the corporation shall be perpetual, but
recent bylaws changes by the boazd now allow for dissolution of the
association. He felt that if the association maintains its insurance
there should be no liability, and stated that it has never been
presented to him that insurance premiums would increase because of
the creek improvements. He stated that as long as the association
maintains insurance there should be no individual liability and if
people are concerned about personal liability, they could carry
umbrella insurance over their home owners' insurance.
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Page No. 9
April 16, 1996
Responding to a question from Mayor Mertensotto, the association's
treasurer stated that 73 of 102 people have paid dues to the
association this year.
Mr. Spisak stated that although the bylaws require approval of the
property transfer by 2/3 of the members at a duly called meeting, he
has never been at a meeting where the boazd got a 2/3 vote. He
further stated that people have an attachment to the properiy and
laiew the liability risk when they bought their properties. He
submitted a petition signed by 37 people who oppose the transfer.
Mayor Mertensotto stated that it is not uncommon for associations to
have disputes, and that Council must look at what is best for the city.
He stated that Council is not really concerned about changes in the
bylaws, but that there aze some homeowners in the area who
immediately call the police department when something happens
near the creek, and the police cannot respond every time someone
calls to say that someone is trespassing on the outlots.
Councilmember Krebsbach suggested that the matter be tabled to
allow the neighborhood time to discuss it further. She stated that her
interest is to preserve the neighborhood and she does not think the
Council or any future Council would be interested in putting in trails
or making the outlots part of the park system.
Mayor Mertensotto pointed out that all of the residents of the city
helped to pay for the creek improvements and the city does have an
investment in the property. He stated that if the association does not
pay the taxes on the property, the city will ultimately receive title.
He explained that Council's criteria for making a decision is whether
accepting the deed to the outlots is in the best interest of the city. He
explained that the only reason Council would take title is because
Ivy Falls was an early plat and the lot lines do not go to the creek
bed. He stated that Council's decision must be based on whether it
is in the best interest of the city, regardless of how many of the
association are in favor or against the transfer. He suggested that
those who oppose the transfer put their reasons for opposition in
writing, because he felt there are many misconceptions.
Councilmember Smith stated that one additional thing for the
association to think about is the hazardous nature of the creek and
that people fmd it positive that members of the association have
access. She suggested that if the association meets, it may wish to
consider how much access there is to the property.
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Page No. 10
April 16, 1996
Mr. Brassard responded that the boazd has had attorneys tell them
that the area would be considered as an attractive nuisance and
punitive damages could be tremendous.
Ms. Pat Davies, secretary for the association, stated that she thinks
the point about putting everything in writing is excellent and she
would appreciate it if Mr. Spisak would give her written comments.
She also stated that it is always easier to get those who live close
excited.
Mr. Dan Silver, 1280 Sylvandale, stated that there are more people
on the opposition petition who do not live close to the creek. He
stated that one of the things that attracted him to lus property was
the common azea and the common area affects property values. He
further stated that once cities own properry, things can happen, such
as a fence going up that would keep everyone out. He stated that he
and his children look forwazd to walking on the property when the
weather improves. He felt that if the private property signs aze
removed there would be more traffic to the common area.
Mayor Mertensotto responded that the city would not install any
signs that would indicate the outlots were public property. He sta.ted
that the Council members aze hying to facilitate but will not
azbitrate the issue. He asked that the association come back to
Council when a consensus is reached.
HEARING - TURNER'S Mayor Mertensotto opened the meeting for the purpose of a public
GYMNASTICS BONDS hearing on a request from Turner's Gymnastics for industrial
revenue bonds. Council aclaiowledged a memo from Treasurer
Shaughnessy and a proposed resolution to approve the issuance. Mr.
Steve Fenlon was present to represent Turner's.
Mr. Fenlon informed Council and the audience that as the request
was proposed at the last Council discussion, it was a tax exempt
contract for deed with the city having a short contract for deed. He
stated that this is no longer the case, and there is now a mortgage
between Turner's and the Cherokee State Bank.
A representative of Turner's informed Council that there are over
500 students presently enrolled and over 173 of the children in the
programs are Mendota Heights residents.
Mayor Mertensotto stated that the documents submitted make a
finding that the issuance of the revenue not is in the best interest of
the city and its residents. He asked how much the Turner's monthly
payments will reduce if the financing is approved.
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Ayes: 5
Nays: 0
Page No. 11
April 16, 1996
M r. Fenlon responded that Turner's currently pays $5,000 per
month for rent to the Cherokee State Bank, and if the financing is
approved Turner's would own the facility and the cost would be
about $4,200 per month. He explained that the reason the facility
will be tax exempt is that Turner's is a benevolent corporation and
has received an opinion from the Council that it will be exempt. He
stated that if Council approves the financing, the city will not be
involved in ownership in any way. He informed Council that
Turner's has also made the facility available for use by local high
schools. Responding to a question from Mayor Mertensotto, he
stated that there will never be any neon, signs advertising the facility.
Treasurer Shaughnessy informed Council that the tax capacity on the
building is $23,000 a yeaz, and the city would receive 17% of that
figure, but at the present time the property is in the fiscal disparities
fund, which would reduce the city's tax revenue by another 40%.
He explained that from a tax standpoint, tax exempt status would
have little impact.
Mayor Mertensotto stated that Turner's provides a valuable service
to the community and is asking for economic assistance. He
informed Mr. Fenlon that the city chazges an administrative fee for
issuing revenue notes and would also require Turner's to pay any
legal fees the city incurs on behalf of the financing.
Mr. Fenlon responded that Turner's will pay all required fees and
that Turner's is not really requesting economic assistance, but rather
that approving action by Council would allow Turner's to participate
in tax exempt financing. He stated that Turner's is grateful to
Council for consideration.
Treasurer Shaughnessy stated that all of the financing documents
have been reviewed by the city's legal counsel, and the documents
include that the city will be reimbursed for a11 expenses.
Mayor Mertensotto asked for questions and comments from the
audience.
There being no questions or comments, Councilmember Krebsbach
moved that the hearing be closed.
Councilmember Smith seconded the motion.
Cou.ncilmember Koch moved adoption of Resolution No. 96-25,
"RESOLUTION APPROVING THE ISSUANCE AND SALE OF
A $565,000 REVENUE NOTE (TURNERS GYMNASTICS
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Page No. 12
April 16, 1996
CENTER PROJECI� SERIES 1996, OF THE CITY OF
MENDOTA HEIGHTS, MINNESOTA, AND AUTHORIZING
THE EXECUTION OF DOCUMENTS RELATING THERETO."
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 96-11, UNITED Council acknowledged an application from United Properties for
PROPERTIES conditional use permit for planned unit development and
subdivision. Council also acknowledged reports from
Administrative Intern Hollister and the City Planner. Mr. Dale
Glowa was present to represent United Properties.
Mayor Mertensotto stated that United Properties is proposing to
amend an existing PUD and adding land. He pointed out to Nir.
Glowa that if he is going to the PUD, the plan must meet the
requirements of the elcisting PUD ordinance.
Mr. Glowa responded that the original PUD for South Ridge
included the phase one, which was built at that time. He stated that
Untied Properties expected phases two and three, but they never
happened, and now he is looking at adding property which abuts
South Ridge. He informed Council that the city planner suggested
the best approach was to amend the original PUD which covered
two lots United properties would like to change. He explained that
the original PUD had three lots, and at that time there two smaller
buildings envisioned. He stated that the pond was not involved in
the original PUD but is in this amendment. He informed Council
that when he approached the Planning Commission, they brought to
his attention that United Properties had not done the calculations to
include the original South Ridge Business Center, which is a part of
this PUD. He stated that he has gone back and done the calculations
and submitted that information to the planner, and the plan is totally
in compliance with the new ordinance. Responding to a concern
from Mayor Mertensotto about impervious surface, Mr. Glowa
stated that the plan complies with those requirements of the existing
PUD ordinance. He reviewed drawings of the first phase of an
eventual two phases of the amended PUD, and stated that there will
be one curb cut and access to the site, and the truck docks will back
up to the truck docks of the adjacent building.
Mayor Mertensotto stated that if approval of the amended PUD is
granted and one building is constructed, he does not want Mr. Glowa
to come back and say he has the right to build the second building.
He stated that Council reserves all rights to review and approval of
future buildings and common access.
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Page No. 13
April 16, 1996
Responding to a question from Councilmember Krebsbach, Mayor
Mertensotto stated that there is an existing PUD and Mr. Glowa is
proposing to enlazge that by amending the PUD. He further stated
that when Council approves an amended PUD it must be consistent
with today's ordinance requirements, and Mr. Glowa has indicated
that it does comply requirements, including open space and
impervious surface.
Mr. Glowa informed Council that in response to the planner's
recommendations, the plan shows berming and landscaping along
Enterprise Drive, and all of the drawings show the 20 foot parking
lot setback.
Councilmember Krebsbach asked why there were two dissenting
Planning Commission votes.
Mr. Glowa responded that Commissioner Friel brought to the
attention of the commission that the new ordinance requires a
concept stage and the city planner said that all of the issues had been
dealt with.
Mayor Mertensotto stated that the original PUD was office and
service, and the new proposal is for office and warehouse uses. He
pointed out that Council does not want to run into any problems
with the future building and reserves all rights with respect to the
future building.
Mr. Glowa stated that the original reason for the PUD was to get
better use of the land an safer movement between the buildings. He
explained that in the 1980's when United Properties was doing
office showroom buildings, it made sense to have PUD's. He sta.ted
that this is a new product and vehicular traffic will be the same, but
there will not be pedestrian circulation. He stated that the old
product tended to be more pedestrians and less trucks, and this is
more trucks and less pedestrians. The buildings will be primarily
wazehousing and light manufacturing, and it is anticipated that 15 to
20% of the space will be finished office. He stated that each of the
bays are 6,400 square feet in size, and it is likely that the tenants will
use 12,000 to 50,000 square feet each. He anticipated that there will
be four to five tenants in the first building, and there will be one
truck dock per bay.
Councilmember Huber stated that the building has been referred to
as a spec building, but that is not really what is being done since
United Properties will retain ownership and will be renting space.
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Page No. 14
April 16, 1996
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Mr. Glowa responded that that is what United Properties means by
spec. He stated that he needs to go out and find tenants, and it is
possible that United Properties will sell the building in the future but
does not have any plans for selling it right now.
Councilmember Huber asked why Planner Uban suggested moving
the building locations for pedestrian connections and connecting to
the Pilot Knob Trail.
Mr. Glowa responded that the planner was focused on the letter of
the PUD ordinance, which discusses gedestrian circulation between
buildings. He informed Council that he strongly recommended to
the Planning Commission and that they not require the pedestrian
circulation as recommended because there is much truck traffic and
fewer people. He explained that those who work there will be less
likely to go out for walks at lunch.
Mayor Mertensotto responded that there are similar circumstances in
other places as well but there are still pedestrian walkways. He
stated that he is not sure he would completely discount building a
sidewalk, but perhaps the way to do it is to incorporate an easement
for a walkway now to build in the future. The city could then do the
connection of the pedway at some future time as an improvement
project. He asked about the planners comment about the front
sidewalk.
Mr. Glowa responded that he was referring to having a sidewalk
along the front of the building- what he would like to do is move the
building back six feet and put in a sidewalk and run it around the
building to tie into the existing trail and perhaps the pond. He
stated that the sidewalk is not needed for the anticipated tenants, and
the idea of having circulation across the drive aisles would be an
unsafe situation.
Mayor Mertensotto stated that there would be more than ample room
in the forty feet of green space behind the curb for a pedway
easement of twelve feet from the curb. He asked how this would
affect the landscaping plan.
Mr. Glowa responded that it would not be a problem if the city
wanted to do it in the fuhue, as a trail currently exists along the
south side of Mendota Heights Road and runs up along Pilot Knob
to the site. He stated that there currently is access to those trails, but
this is more industrial and less office and it would make more sense
to put the trail along the office side.
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Page No. 15
April 16, 1996
Responding to questions from Councilmember Krebsbach, Mr.
Glowa stated that the R.L. Johnson building is a bigger building than
he proposes, and he would guess that building would have more
truck traffic than the building he proposes. Also, the Roller Blade
building is four times as lazge as the proposed United Properties
building and has much more traffic.
Councilmember Krebsbach stated that she would be more
comfortable if there were a concept stage.
Mr. Glowa responded that the city planner prepared and submitted a
report to the Planning Commission, and this is no departure from the
type of building that would have been proposed in a concept stage.
Councilmember Smith stated that there was probably a
representation made originally as to the value of the structures. She
asked what difference there is between what was originally proposed
and the currently proposed value, and stated that what is proposed is
a significant change in the use of the property and how it develops.
Mr. Glowa responded that South Ridge probably cost $30 per squaze
foot more to construct because it was intended to be office finish.
With respect to change in use, he stated that United Properties is not
building office space because the market has not yet matured to that
point.
Councilmember Huber pointed out that there doesn't appear to be a
way for people to walk to the front doors of the future building on a
sidewalk. Mr. Glowa responded that this is not unlike a shopping
center or super mazket - it would not be difficult to cross the parking
lot in that axea.
Councilmember Huber felt that there should be a sidewalk to bring
people to the front of the building.
Mayor Mertensotto agreed, stating that if someone were to park
three or four structures done, they would have to walk across the
parking lot.
Mr. Glowa responded that what is proposed is consistent with
industrial use.
Councilmember Huber stated that what is proposed is a generic
building and he is trying to visualize how it may be broken down in
the future. He stated that he would like to make sure the building
has some flexibility.
�
Page No. 16
April 16, 1996
Mr. Glowa responded that he has been developing in Mendota
Heights for 13 years and has developed four of the si�c Mendota
Heights Business Center buildings. He stated tha.t those were one on
a spec basis without a user, and when they were build out United
Properties started South Ridge. He further stated that it was at that
time that the market dried up and all that was available was build-to-
suit structures for clients. He explained that the mazket is now back
to building for multi-tenants.
Mayor Mertensotto stated that perhaps Council should allow the
option of having an easement four feet back from the curb for a
future sidewalk, which would make a public improvement project
much easier in the future.
Mr. Glowa responded that he would have no problem with granting
the easement.
Mayor Mertensotto asked if the long stretch of building can be
broken up by aesthetic use of materials - something to break up the
continuous expanse.
Mr. Glowa responded that there is a bend in the building and it goes
away from view, and in order to break that up, United Properties has
decided to spend money on brick at the recessed entries to provide
shadow lines. There will also be multi-color to break it up, and there
will be thin banding and brick at all the entries. He informed
Council on similarly sized buildings in neighboring cities.
Mayor Mertensotto suggested that there be some kind of treatment
to break the building from the roof down to ground level.
With respect to landscaping, Councilmember Smith stated that the
Planner's point was to screen the docks - the building is at an angle
and the dock area will be highly visible from Pilot Knob. She asked
that there be additional landscaping to screen the dock area and
around the pond area.
Mr. Glowa responded that he would like to do that landscaping
around the pond with the phase two building. He stated that the city
was given a comprehensive landscaping plan for this building, not
phase two, but he would intend to screen the truck dock area by
landscaping around the pond. At Councilmember Smith's request,
he stated that he will provide a preliminary landscaping plan for �
phase two at this time. He also stated that there was a �
recommendation that in the replatting, the corner be cut with the
Page No. 17
April 16, 1996
property line to create a better condition on the back, and this can be
done. He then re`%iewed traffic circulation throughout the site.
Councilmember Smith noted that traffic could come in directly from
Pilot Knob when phase two is developed.
Mr. Glowa responded that that will be changed - the county has
required that the drive aisle lines up with the drive aisle across the
street so that trucks will be directed to only the one entrance.
Councilmember Smith was concerned about the amount of traffic
that will come offthe first drive since it is to serve both phases.
Mayor Mertensotto stated that he would like to see the pedestrian
easement platted on the plat so that the city has an option in the
future.
Public Works Director Danielson responded that it would have to be
a separate document that would be filed with the plat, or platted as a
utility easement. He stated that the grading plan should show the
azea to be graded flat to provide a future pedway. He stated that the
pedway could fit within the right-of-way.
Mayor Mertensotto asked how prospective buyers would be alerted
that there could be a future sidewalk, and directed staff to address
the issue.
Mr. Glowa sta.ted that the exterior of the structure will be pre-cast
concrete panels with brick around all of the entries, and that all but
the brick will be painted. There will be extensive landscaping, and
glass across the front of the building, consistent with what United
Properties has done in the business park.
Council asked Mr. Glowa to do whatever he can to break the mass
of the building, using permanent materials to make it look like there
is a break in the building, but not with paint changes.
Mr. Glowa stated that he is quite sure that the ordinance does not
specifically require brick to be added to this type of building, but
United Properties has added a lot of brick to the front of the
building. He explained that the market for the building is $4 a foot,
and while he can move materials around, he is limited in how much
money can be spent on materials. He stated that he will come back
to Council with another scheme.
�
�
Ayes: 4
Nays: 1 Krebsbach
Page No. 18
April 16, 1996
Councilmember Smith stated that while she can understand what
Mr. Glowa is saying, what is being proposed is changing an existing
PUD to a considerably different type of use. She stated that the only
reason she is considering such a long building is that she knows Mr.
Glowa is doing the best he can with it, but it is a very long building
and she would like more done to break it up.
Councilmember Huber moved to grant concept approval for the
amended PUD and proposed building one and to authorize issuance
of a foundation pernut, subject to final review by Council of a
redesigned sketch plan for the front of the building.
Councilmember Koch seconded the motion.
Staff was directed to prepare a revised resolution.
CASE NO. 96-12, U.S. WEST Council acknowledged a memo from Administrative Intern Hollister
relative to an application from U.S. West Cellular for a conditional
use permit to place cellular apparatus and a penthouse on top of
Sibley High School. Mr. Jay Littlejohn was present on behalf of
, U.S. West.
Mayor Mertensotto stated that he is concerned about correcting any
problems with radio interference and the resolution of approval
should specify that a conditional use permit would be an appropriate
approach since an accessory structure is being added to a school
properiy.
Mr. Littlejohn showed pictures of the school with the facility and
antennas drawn in and colored as they would appear. He stated that
the structure will be painted faux brick so that it will match the
building color now and as it ages. He stated that if he knew he could
buy a brick now that would match the color of the school building as
it ages, he would build the structure in brick.
Mayor Mertensotto stated that the agreement the city has on
antennas on the water tower requires annual maintenance, and if
similar language is in the agreement between the school district and
U.S. West, U.S. West would be responsible for maintenance. He
stated that he would like to see an agreement between the district,
U.S. West and the city so that the city does not get put into the
position of saying there is no interference. He pointed out that the
city's agreement with U.S. West on the water tower antennas spells
out the interference details.
�,
�
Ayes: 4
Nays: 0
Page No. 19
April 16, 1996
Mr. Littlejohn stated that he has no problem with an agreement but
that he believes the school district will.
Mayor Mertensotto responded that if the district does not want to be
a party to the agreement, that would be fine, but if the city approves
the conditional use permit, an agreement, which would address the
issue of interference, between U.S. West and the city would be
required, so that Council is not put into the position of saying there
is no interference.
Mr. Littlejohn responded that he would have no problem whatsoever
if the city were to excerpt the eight pages of the water tower antenna
agreement wluch relate to interference and put them into a
developer's agreement for this conditional use permit.
It was the consensus of Council that the conditional use permit will
be granted but that a developers agreement is needed to embody a11
of the conditions.
Mayor Mertensotto informed Mr. Littlejohn that the city will draft
the agreement for the next Council agenda/
Councilmember Krebsbach moved to grant concept approval to the
conditional use permit for U.S. West/New Vector and to direct staff
to prepaze the developer's agreement and approving resolution for
consideration at the next Council meeting.
Councilmember Huber seconded the motion.
`
SPRiNT ANTENNA REQUEST Council acknowledged a memo from Public Works Director
Danielson regarding a request from Sprint to utilize the city's water
tower for the installation of antennas. Council also acknowledged a
letter from Debra Michaels, of SBA, explaining the request and
proposed terms.
Ms. Michaels stated that she has only one client - Sprint - and that
she is coming to Council to request approval to co-locate antennas
on the water tower. She sta.ted that she based the lease offer on
criteria within the nine county area and feels that the offer of
$15,000 annual rent and 15% renewal rent increase over the five
yeaz initial lease term is a reasonable offer and consistent with the
lease held by U.S. West.
Mayor Mertensotto responded that U.S. West provided the city with
a storage facility which U.S. West built and paid for up front.
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Page No. 20
April 16, 1996
After discussion, it was the consensus that Mayor Mertensotto and
Ms. Michaels would meet to fiuther negotiate on May 16 at City
Hall.
STARKS/FIELDS DAMAGES Council acknowledged a memo from Interim Administrator
Batchelder regarding the proposed allocation formula for payment of
damages in connection with the Starks and Fields vs. MPRS
litigation, along with a proposed resolution to authorize payment.
Mayor Mertensotto suggested two amendments to the proposed
resolution: to amend 2.2 to remove the word reasonable to
acceptable; and to amend 3.3 to add "subject to the right of
defendant cities to appeal all or any part of the final judgment."
Councilmember Krebsbach moved adoption of Resolution No. 96-
26, "RESOLUTION APPROVING ALLOCATION OF DAMAGES
AND ALTTHORIZING PAYMENT THEREOF," with the
amendments recommended by Mayor Mertensotto.
Ayes: 5
Nays: 0
FINE REVENUES Council acl�owledged a memo from Treasurer Shaughnessy
regarding a proposed joint powers agreement with the county
regarding the county's fine revenue collection program.
Mayor Mertensotto stated that if the base yeaz for enhancement is
1994, he would not agree to entering the program.
Treasurer Shaughnessy agreed, stating that if the county wants to
bring it to an average of five years or use 1995 as a base he would
recommend participation.
BUDGET SESSION Council acknowledged a memo from Treasurer Shaughnessy
regarding the proposed budget schedule and recommending dates for
a Council workshop on budget guidelines.
Mayor Mertensotto stated that Council needs to set a goal setting
session and he did not lrnow if that can be accomplished before the
budget process starts.
Councilmember Smith moved to schedule a goal setting workshop
for Saturday, June 1 at 8:00 a.m. at City Hall.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
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Page No. 21
April 16, 1996
MEETING CHANGE Councilmember Koch moved to reschedule the May 21 regular
Council meeting to commence at 8:00 p.m. rather than 7:30 p.m. so
as not to conflict with the hours of the school board election.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
CELLULAR TOWERS Council aclaiowledged a memo from Administrative Intern Hollister
regarding cellulaz tower regulations. Discussion on the memo was
• tabled.
ADJOURN There being no fiuther business to come before the Council,
Councilmember Huber moved that the meeting be adjourned.
Councilmember Smith seconded the motion. �
Ayes: 5
Nays: 0
ATTEST:
Chazles E. Mertensotto
Mayor
TIME OF ADJOURNMENT: 11:22 o'clock A.M.
Ka.thleen M. Swanson, City Clerk
F � �
LIST OF CONTRACTORS TO BE APPR4VED BY CITY COUNCIL
As��.3t Cantrae�or L3ee�se
Nor�hwest Bituminou�
�asanry Contrac�or Licease
Hines & Sons, Inc.
Excavatiag ��atrActor L�cease
Bjorkman �xcavatig, Inc.
King Construction
Gas Piviaa Contractar Licease
A-1 Hea�ing & AfC
Wm F. Ridler Plumbing & Heating Co., Inc.
SVAC Contra��or ,Licease
A-1 Heating & A%C
Nimis Newman Mechanical Inc.
Statewide Gas Services, LLC
�,eneral Con�rac�or X�icease
Able Fence Inc.
Benson-Orth Associates, Inc.
Berwald Rooiing Co., Inc.
W.L. xa21 Co.
J & K Construction
Leuschner Constructian
Mulcahy Inc.
The Quimby Co.
Petroleum Maintenance Co.
Tree Service/Laadscaae Gontractor Lice�se
5& S Tree & Harticultural Specialists, Inc.
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUN'I'Y, MI]�TNESOTA
PARKS AND RECREATTQlY CQMMISSIQN MIlYUTES
MA.Y 14, 1996
The regular meeting of the Mendota Heights Parks and Recreation Commission was held
on Tuesday, May 14, 1996, in the Council Chambers at City HaU, 1 l0I Victaria Curve.
The meeting was called ta order at 6:35 FM.
The following members were present: Libra, Kleinglass, Spicer, Norton, Liberacki,
Linnell and T}amberg. Aiso present were Parks P�-oject R�Ianager Guy Kullander,
Recreation Pragrammer Chris Esser, and Adminiistrative Intern Patrick C. Hollister.
AFPRQVAL OF MINUTES
Cornmissioner Kleinglass moved to approve the April 9, 1996 Nlinutes. Comrnissianer
Libra seconded the mation.
AY�S: 7
NAYS: 0
UMPIRE ABSENCE REIlVIBURSEMENT
Mr. Esser explained that the City still held $4,743 in unpaid umpi.re fees from last year's
softbali leagues due to the absence of many ump'ues at scheduied games.
Mr. Kieinglass maved to instruct Staff to return ta the Parks and Recreatian Commissian
with an equitable "pro-rated" plan to reimburse all leagues for the frequent absence of
umpires last year. Ms. Norton seconded the moiion.
AYES: 7
NAYS; 0 _ _
BASKETBALL FROGRAM FUNDING CONSIDERA.TION
Lou Schatz was present to discuss this request.
Ms. Schatz explained that this basketball program is a summer youth program for Middle-
School aged kzds. Ms. Schatz also said that this program would not cornpete with any
e�sting basketball prograrn in the cammunity.
�
Ms. Schatz explained that the program consists of three activities:
1. Sibley High School l0am-noon
2. The YMCA lpm-4:30pm
3. Sibley Open Gym 6pm-8pm
Commissioner Norton said that she hoped that the program would take specific proactive
steps to recruit girls. Ms. Schatz assured the Commission that this would be done.
1VIr. Kleinglass asked if there would be tryouts for this program, or if children of all skill
levels would be eligible. Ms. Schatz said that the latter was the case.
Mr. Esser added that he was pursuing a state grant which would pay for this program and
that the City contribution to this program may be reimbursed.
Mr. Kleinglass moved to recommend to the Council that the City fund the summer
basketball program for $2000. Mr. Liberacki offered a friendly amendment that
alternative means of support, such as grants, be sought for this program and offered to
second the `amended motion. Mr. Kleinglass accepted this amendment and the second.
AYES: 7
NAYS: � 0
REV�W OF SUMIV�R PROGRAMS
Mr. Spicer complemented Mr. Esser on his excellent work in putting these programs
together. Several other Commissioners concurred with this complement.
Mr. Esser gave a brief overview of the Summer Programs and highlighted those programs
which were new, including:
Youth Trips
Performances in the Park
• Safety Camp
Ms. Damberg asked if the Safety Camp program would emphasize the importance of bike
helmets. Mr. Esser responded that it would.
Mr. Linnell asked if two hours would be enough time to truly enjoy the "wave pool". Mr.
Esser responded that it would be more than enough time. Mr. Esser elaborated that
swimming in the wave pool was such a vigorous activity that most kids grew tired after
merely an hour.
Mr. Linnell also asked if there was as much demand for half-day youth programs as for
full-day programs, since most working parents would like to drop their kids off at one
location for the whole day. Mr. Esser responded that in his experience with the City of
Woodbury, the half-day programs were even more popular than the full-day programs,
and since in some ways Woodbury is a similar community to Mendota Heights, he
expected the same results in Mendota Heights.
MHAA TOURNAMENT REQUEST
Mr. Esser explained the request for fields by the MHAA for a series of tournaments. Mr.
Esser explained that under the cunent field reservation policy, fees paid by the MI3AA
were negotiable. .
Mr. Esser explained that the MHAA would like the City to rake and chalk the fields
between games. Mr. Spicer asked how much that would cost the City in terms of labor.
Mr. Kullander responded that using two full-time regular employees would cost about
$400 per day, and using one regular employee and one temporary summer employee
would cost about $260 per day.
Mr. Spicer estimated that the total costs for all the tournaments would be from $3000 to
$4500. � '
Mr. Kleinglass moved to direct Staff to give the MHAA the choice of either raking and
' chalking the fields themselves (without the use of any motorized equipment from the
City), or paying the full cost of labor for the City to provide the same services. Ms.
Norton seconded the motion.
AYES: 7
NAYS: 0
WENTWORTH PARK SHELTERS
Mr. Kullander explained that the Council had the following concerns about the Park
Commission's recommendation for Wentworth Park Shelters:
1. That the proposed 16' x 16' park shelters were too sma11 and thus not functional
2. That the columns of the park shelters were too wide
3. That the shelters lacked eaves (overhangs)
Mr. Kullander explained that the Council had directed Staffto seek bids on designing a
16' x 24' foot shelter.
Ms. Damberg moved to direct Staffto resubmit the�Parks and Recreation Commission's
original recommendation in favor of two 16' x 16' shelters, with more complete
documentation. Mr. Liberacki offered a friendly amendment that the Parks and Recreation
Commission emphasize the need for architectural consistency in the City's parks. This
amendment was accepted. Ms. Norton seconded the motion.
�
AYES: 7
NAYS: 0
VALLEY VICW HEIGHTS PARK HALF COURT BASKETSALL
Commissioner Kleinglass moved to recommend funding for the improvements to Valley
View Heights Park out of the Special Park Fund. Mr. Libra seconded the motion.
AYES: 5
NAYS: 2 (Norton, Damberg)
SUn��R ADVENTURE FUNDING
Mr. Hollister explained that the City owed ISD 197 $2,678.01 for last year's Summer
Under the Sun program.
Ms. Norton moved that the Commission recommend payment of $2,678.01 for last year's
program and table discussion of the future of the City's participation in the program until a
future Commission meeting when a representative of the Summer Under the Sun program
could be present. Mr. Linnell seconded the motion.
' A�YES: ' 7
NAYS: 0
CROSS-COUNTRY SI�ING
Ms. Norton explained that St. Thomas was looking at creating a cross-country ski trail
this winter. Ms. Norton said that St. Thomas was also investigating the possibility of
providing the trail grooming operation and that discussion with Dakota County, the City
of St. Paul, and/or Ramsey County was needed to deternune the cost and funding.
UPDATES
Updates were provided on the following issues:
• T-Ball. Mr. Spicer directed Staffto write a letter to the MHAA commending them on
their handling of a recent gender equity concern.
• St. Thomas Tennis
• Bethel Baptist Softball
• Dakota County Information Sharing Meeting
• Mendakota Lights Task Force
• Parks Report
• Police Report
• Spring Clean-Up
l
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ADJOURNMENT
Motion to adjourn made by Kleinglass and seconded by Damberg.
AYES: 7
NAYS: 0
The meeting adjourned at 8:15 PM.
Respec�lly Submitted,
Pairick C. Hollister r� �
r. "'t, tv
FIRE CALLS NC},
MENDQTA HEIGH75 FlRE DEPARTMENT
APRIL 1996 MOir'i'TH�Y REPORT
96Q71 - 96QS4
rir�e aLARMs pISPATCHED: NU418ER
ACTUAL FlRES
Structure - MN Commeectal
Structure - MH Residential
Structure - Cantract Areas 3
Vehicie - MH 1
Vehicle - Cantract A�eas 1
GrasslBrushlNo Vatue MH 3
GrassBrushJNo Value Cantract
MEDtGAL
Assist �
E�ricatian 2
HAZARDOUS SITUA710N
Spi#Isil_eaks j
Arcing/Shorting
Chemical
Pawer Ltns Down ,
FALSE AL.ARM .
Residential Ma�function i
Commerciai Malfunction �
Unintentianal - Commercial 2
Unlntentional - Resldential 1
Criminal �
�OUD INTENi'
Smoke Scare �
Steam Mistaken for Smoke
Other 4
MU7UA� AID
TaTAL CA�LS 24
LOCATION OF h'iRE ALARMS: TO DATE
MENDOTA HElGHTS 2 0 84
MENIX}TA 1 �
SUNFISH LAI� 2 4
LiLYDALE 1 5
OTHER p
TOTAL 24 94
W�K ���� � TO DATE
FIRE CAl1S 424 i 674
MEE�I�VGS 71. S 2 57. 5
ORILLS 195 601
WEEKLY CLEAN-UP 3 9 127. 5
� '�CIAL ACTiV(TY 187.5 408.5
�MINISTATIVE 0 0
� FlRE MARSI-!AL_ 84.5 327.5
TOTALS 1001.5 3396
NUMS�R (}F CAtlS: 2 4
S�RUC'[URE CONTENi'S lWSG 70TALS TO DATE
$d
$72,p00
$a
r "� � $10.000 $22,$00
$0
TOTAL MONTHl.Y FlRE LOSSES
$0 $0 $10,000
FlRE L4SS T4TALS MENDOTA HEIGHTS
ALL FIRES, ALI. AREAS (MUNTH) __ $10.000 $94,$00
MEN�. M'S.ONLY STRUCTfCONTENTS $7i,500
MEJND. M'S. {}NLY Ml:�CEELANEOUS $23,300
MEND. HTS. TOTAL LC?SS TO DATE �g4,gpp
81LL[NG FOR SERVICES
[A5T YEAR
62
2
4
3
2
73
LAST YEA,R
1527
171.5
518
133.5
499
0
307
3156
AGQ�lCY THlS MON7H TO DA7E
MN/DOT � p
Mt�W. RR $ p
�� $0
a��s:
$o
TOTALS: $0 $p
FlRE MARSHAL'S 71ME FOR MONTH
�`�'ECi'IUR1S
' INVESTlGATK}NS
RE-NSPECTION
M�TNCS
ADMINISTRATION
SPECIAL PRQIECTS
TOiAL
38
12
28.5
1
84.5
REMARkS; SEE OTHEA StDE FOR SYNOPSIS
SYNOPSIS
The fire department responded to 24 calls during the month of April 1996. The
department responded to the Ragin Cajun in Mendota upon reports of flames coming from
the roof. On amval we found a grease fire contained in the vent system over the cooking
area.
April also brought us two severe vehicle accidents. In early April the department
responded to I-35E and H�ighway 110 to find two vehicles and two victims. Our first
responders assisted paramedics in removing the victims and getting them ready to
transport. Later in the month we responded to a one vehicle rollover which had sheared
off a power pole. It was 1:22 a.m., dark, raining and power and phone lines were down
surrounding the vehicle. Extreme care was taken to assist the two victims at the scene.
Other calls included: grass fires, vehicle fires, medicals and miscellaneous.
MONTHLY DRILL
The monthly drill consisted of testing each firefighter on basic firefighting
knowledge. Tests were taken and discussion followed on concepts and ideals in all
' aspects of firefighting.
CLEANUP/SOUAD DRILL
Each firefighter w�s tested on their ability to engineer a fire truck. Goa1s were set
on establishing water supply, water flow, and basic pumping operation.
,,•:._ :=,.
�
FIRE DEPARTMENT MtJNTHLY WC?RK PERFQRMANCE �C}R APRtL 1996
SPECIAL ACCOUNT INCL.UDES: S tal Orill Fire Prev. Truc Safe & Parade Committee � 1st Re� nder
*:ALI..S F4R MONTH FlRE FlRE P'IRE PERGENT GLEAN MONTHLY GEN OFFICER SQUAD SPRING SPECIAL
24 CALl.S CALL CALLS A7TENDED tJP DRILL MTG MTG DRiU.. CLEAPiUP ACT.
YEAR TC► DATE ATTD HOURS ATTD THIS 1 2 2 2 2
94 MONTH MONTH YEAR YEAR HOURS i�tOURS HRS, tlOtlRS HOURS HQUR5 HOiJRS
Adrian Ed f3 13.5 47 50°k 1 2 2 2 3.5
Blaeser &et 18 21 76 8196 1 2 2 2 4 45
&ennan, NGke 9 9.S 26 28% 1 2 2 2 3 5 t
Coates Aaron 9 10 38 40°/a 1 � 2 2 3 2
Ca�trsatl Mara�s 11 t3 43 46°k t 2 2 2 2
Coottan Mike 6 8.S 23 24°k 2 2 2 1 3 1
D�eelatt, D1VId 11 13.5 5Q 53°i'a 1 2 2 2 3 2
Dreelan, Paul 17 19 62 66% 1 2 2 2 7 4
iietmi , Scatt 9 14 45 d8% '! 2 2 3 1
Husnik, Ted 4 4.5 24 2696 1 2 2 2 3
Katzenmaler Ron i3 16 46 �9°6 i 2 2 2 3 Si
Kaufmann, Mark 4 4.5 34 36% 1 2 2 3
Kibur Jim 7 7.5 43 d&% 1 2 2 3.5 3 3.5 1
Ki sl , Ra 16 � 19 S9 63% 1 2 2 2 2 3 2
Kiazkawski, Waii 6 8.S 21 ` 22% 2 2 t 3 1
akko, John 14 14 58 62% 3
Lerbs, Jamie '' iQ 12 50 5396 4 2 2 4 3
Lowe Geor e 14 17 52 55% 1 4 2 3.5 2 3 1
-�ko John 9 40 42 45°k 1 2 2 3.5 4 1
�v�aczko Mke 15 16 54 57% 1 2 2 2
McNama i3and 10 31.5 23 2d% 1 2 2 2 4 40
Nelsan, Gerald, Jr. 18 20 68 ' 72% 1 2 2 2 4.S
Neska, Jahn 7 9.5 29 31% 2 2 3.5 1 3.5 1
Olund, Tom 12 13 35 37°/4 1 2 2
4stet, Ttm i3 14 47 50% i 2 2 2
Paton, Dave 10 13 46 49°/a 1 2 2 2 46.5
Ferran Jim 9 i 1 42 45% i 2 2 3.5 2 3 7.5
Perron Kevin 10 10,5 35 3796 2 2 2 1
Shields, Tat� 8 8 45 d8°/fl '[ 2 2 3
S'erven, Gord 10 11 41 44°/4 1 2 2 2 3 4.S
S#eirt, Keith 13 i5.8 55 5996 1 2 2 2 3.5 7.5
Stenhau Jeff 10 13 42 45�, 1 2 2 2 3 6
Weituettel, Tam 5 5 23 24�0 2 2 1 4
Weisenlwr r, Ken 11 13.8 41 44% 1 2 2 2 3.5 1
ZWi�t3, DiCk 7 $.5 46 d9°lo 1 2 2 3
T4TA[. FOR MOM'N 424 TOTAL ATi'ENDED 39 28 25 7 30 28 23
TOTAL FOR YEAR 1674 TOTAL MAN HOURS 39 56 50 21.5 55 84 187.5
THIS MONTH LAST M4NTH LAST YEAR
RUNStMAN 11.d4 XXXXXXXXXX XXXXXXXXX
.,.�. MEN/RUN 1825 15.33 18.87
AVE % FOR YEAR 5023 51.12 58.18
5/14/96
Y11 1 ul�i��� : : :
I I� M
Ma.y 16, 1996
TO: Mayor and City Council
FROM; Kevin Batchelder
Interim Gity A tor
SUBJECT: Cantract for Use o:f Fire Safety House
DISCUSSI4N:
� The Fire Department is carrentiy making plans for its annual Fire Prevention Open
�Iouse scheduled for Saturday, October 12, 1996. One of the annual highlights of the event is
the fire safety house in which parents and children can practice escaping from a st�ucture in the
p�esence of simulated smoke. Last yeaz the department renteci a fire safety house from the
City af Rosemount and wish to rent it again this year. The City of Rosemount has asked us to
execut� the attached Contract for Use of Fire Safety House. Council is asked to approve the
contract in order to allow the depariment to finalize its open house plans.
AC1'IUN REQUIItED:
A mation should be made to approve the attached Contract far Use of Fixe Safety
I�ause with the City of Rosemount in conjunction with the Mendota Iieights Fire Preventian
C►pen House scheduled for October 12, 1996.
i � � f •:� : �� ���� ��
i� �
May 16, 1995
TQ: Kevin Batchelder, interim City Administrator
FROM: 7o�n P. Ma.czko
Fire Chief
SUBJECT: Contract for Use af Fire Safety House
. from Rosemaunt Fire Department
Wvuld you pleas� execute the attached agreement to allow the fire degartment to use the
Smoke/Fire House fmm Rasemount Fire Department for our Open House on Qctober 14, 1995.
Rosemaunt insists that this agreement must be processed t��rough the normai process and that the fire
department can nat sign the contract alone.
; � Should you have any questions, please contact Jahn Neska. or me.
JPM:dfw
cc: 7ohn Neska, Assistant Chief
i
(�ONTRACT FOR USE OF FIRE SAFETY HOUSE
THIS AGREEMENT, dated this l6 day of n7A r ,
19 q6, by and between the City of Rosemount, a Minnesota municipal corporation,
(hereinafter referred to as "Provider") and ��N�a� A Nc-Lw-rr.s FLR� D6PT.
(hereinafter refened to as "User).
WITNESSETH:
WHEREAS, the Provider is the owner of a fire safety house which is used by the
City of Rosemount for educational, instructional and training purposes relating to the
education of the general public in fire safety, and the training of fire fighters that serve
the City of Rosemount; and
.�.
WHEREAS, the User wishes to rent the fire safety house for the same purposes;
WHEREAS, the parties wish to enter into an agreement defining the rights and
responsibilities of each party while the fire safety house is in the possession and control
of User herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
tne panies agree as follows:
1. User shall have the use of the fire safety house during the following period of
time: g:�� A r� � S; �� ii'�l .
2. User will pay rental and delivery charges for the use of the fire safety house at
the rates specified in the attached schedule of costs. The daily rental cost will be
charged for each day the fire safety house is in the possession of the user, including the
first and last days specified in paragraph 1. In addition to the daily rental and delivery
r
cost, user will pay for mileage; replacement of consumables used by user, including
fagging fluid; and cleaning costs for cieaning of the safety house if it is not cleaned prior
to return ta the City of Rasemount, in accordance with the schedule of casts attached to
this agreement. User will aiso pay far replacement af missing items and repair or
replacement of damage to the fire safety house or its equipment. The City of
Rosemaunt will deliver the fire safety house to the following location:
; V l n C.��O�-t-� �� �`c �>-��., �� �r G� bY
�, oo ( I� .m.) on ,.C�, •� , the _ � - day of �� �-�, -�*^-
,
19 � �. The City of Rosemaunt will retrieve the fire safety house from the same location
at approximately S: a� ( p.mE.) on S A� , oc-� f a� tq yt
,
19; . User will not move the fire safety house from the location to which it is delivered
by the City af Rosemount. Tn the event User wishes to retain the services of the City of
Rasemount or its Volunteer Fire Department to move the fire safety house during the
rental period or to provide any other services for operation of the fire safety house, such
services and the compensation to be paid ta the City of Rosemount shall be set forth in
a separate written addendum to this Agreement.
3. It is expressly understood that during the time period of use as specified in
pazagraph 1 above, or until such time as the safety house is retumed to Provider herein,
that User has complete direction, supervision, and control aver the safety house and is
fully responsible £or all actions taken and decisions made with regard to the use made of
the fire safety hause. The intended purpose of this paragraph is to shift all risk of loss
for accident ar injury to the User herein, while the fire safety hause is in the possession
�a
�
and control of the User, from the time the fire safety house is delivered to the User by
the City of Rosemount until the time it is retrieved by the City of Rosemount.
4. The User shall supply the City of Rosemount with a certificate of insurance for
personal injury and property damage against liability for bodily injury and property
damage that my occur to the fire safety house itself or that may occur to any third
parties injured by the User's use of the fire safety house while in its possession, in an
amount not less than $300,000.00 per person per accident, and the property damage
insurance to be in an amount and in a form as may be required by the City of
Rosemount. User shall not be entitled to transport or otherwise remove the fire safety
house from the � City of Rosemount or take possession and control of the fire safety house
undet the terms of this agreement until such proof of insurance is shown.
, -
� 5. User shall indemnify the City of Rosemount, the Rosemount Volunteer Fire
Department, and the Rosemount Fire Relief Association, their officers, agents and
employees against all expenses, liabilities and claims of every ldnd, including reasonable
counsel fees, by or on behalf of any period or entity arising out of either (1) failure by
User to perform any of the terms or conditions of this aareement, (2) any injury or
damage happening while the fire safety house is under the direction and control of the
User under the terms of this agreement, (3) failure to comply with any law or any
governmental authority, or (4) any other cause of action arising due to the use of the fire
safety house by User while under its direction and control.
6. Notwithstanding any other terms of this a�reement, User acknowledges that
the fire safety house is to be used for instructional, educational, or training purposes, and
3
for no other use. It is acknowledged that User is renting the fire safefiy house for the
following purpose: Fz�?r P�1svcNrz� oPbN N��sC
7. If the fire safety house becomes damaged while in the possession of the User,
or is otherwise retumed to Provider herein in a condition different from when it was
taken out, reasonable wear and tear excepted, User shall be fully responsible for the
damages.
WHEREFORE, the parties have placed their hands and seals on the date first
written above.
r �
PROVIDER:
CITY OF ROSENiOUNT
Mayor
City Clerk
USER:
crrY oF I�'1 c-No�7a Nex�-�r-s�
C�
Mayor
City Clerk
C •
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se��uLE aF cosTs: � �
Daily Rental Fee $ 25.00 per day
Delivery Fee $ 5.00 per mile, one-way
Fog Fluid � $ 17.50 per liter
+Cleaning Costs $ 22.50 per level
Rosemount Fire Department Operators $ 7.50 per hour, per person
Missing Items Replacement cost
Damaged Items Repair cost
Other Consumables Replacement cost
0
Mendota Heights Police Department
MEMORANDUM
May 15, 1996
TO: Ciry Administ�����
Mayor
City Council
FROM: Chief Delmont ��ri
, _,�.
Mr. Larry Culligan, 1941 Glenhill Road, came to my office to discuss our pending
purchase of two Life Link Heart Start devices. He had been introduced to these device� by
part-time police Officer Gerold Murphy, and thought lughly of the concept. I advised Mr.
C�.illigan that we were going to purchase two of the units for a total of $5,600 and he
requested that he be allowed to purchase them for the city. Mr. Culligan indicated that he is
a longtime resident and has been �ctive with the Planning Commission and wanted to give
something back to the community. He thought that these devices were an excellent idea
; and if he could have any part in saving a life in the ciry of Mendota. Heights, it would be
well worth his donation.
I recommend that the Council allow the police department to accept Mr. Culligan's
generous offer of $5,600 for the purchase of two Viva Link portable defibrillators and duly
note his civic spirit and generosity.
r
�
CITY OF MENDOTA HEIGHTS
1VIIIVIO
{(,� May 14, 1996
TO: Mayor, City Council, and Interim Ci ` ''strator
FROM: Marc S. Mogan, Civil Engineer MS�
SUBJECT: Wentworth Trunk Watermain
Water Service Connection Policy
Job No. 9611, Improvement No. 95, Project No. 4
DISCUSSION:
At the May 7, 1996 Council meeting, there was discussion about the implications of
constructing 11 residential water services under this improvement project, and a desire to
adopt a palicy to recover the cost of these connections when a progerty is served in the future.
Council directed the Engine�ring Deparlment to include consttuction of these water
service connections as part of this improvement pmject. Council also stipulated that the
pzeviously proposed assessment for water service against the 11 properties be canceled, and
that the City would instead adopt a policy by resolution which would establish the criteria and
costs associated with any resident who wishes to connect to these water services in the future.
Water service connections will be constructed to the property line for each existing platted
residential property that could be served by these proposed improvements.
If any resident wishes to be served by the City's water system by connecting to these
water service stubs ia the future, the City will impose a water service connection charge for
that party at the City's then current water assessment rate.
RECOMMENDATION•
Based on the information presented, and Council comment on this issue, I recommend
that the City adopt a water service connection policy for any resident who chooses to be served
with City water from the Wentworth Avenue Trunk Watermain.
ACTION REQUIRED:
If Council concurs with this recommendation, they should pass a motion adopting
Resolution No. 96-_,RESOLUTION ESTABLISHING A RESIDFNTIAL WATER
SERVICE CONNECTION POLICY TO PROVIDE CITY WATER SERVICE TO
SERVE PROPERTIF.S ABUTTIl�TG WENTWORTH AVENUE (IMPROVIIVIENT NO.
95-4, PROJECT NO. 9611).
MSM:dfw
�
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY,II�IINNESOTA
RESOLUTION NO. 96-
RESOLUTION ESTABLISHING A RESIDFN'17AI. WATER SERVICE CONNECTION
POLICY TO PROVIDE CITY WATER SERVICE TO SERVE PROPER7'IFS
ABUTTING VVENTWORTH AVENUE
(IlVIPROVEIVV�NNT NO. 95-4, PROJECT NO. 9611)
WHEREAS, a public hearing was held on Januaty 16, 1996 at 8:00 o'clock P.M. in
the City Hall of the City of Mendota Heights, Minnesota pursuant to resolution duly adopted
by the City Council of the City of Mendota Heights on the question of the proposed
construction of the following described improvements:
The construction of an extension to the City's water distribution system including
appurtenances and incidentals thereto, and the acquisition of easements, and the
reconstniction where necessary of streets and easements in the area hereinafter more
par�icularly described.
�VHER�AS, due publication of the notice of public hearing on said proposed
construction has been attended to; and
WHEREAS, mailed notice of said hearing was mailed more than ten (10) days before
the date of said hearing to the owners of each pazcel situated within the area proposed to be
assessed, all in accordance with the applicable Minnesota Statutes; and
WHEREAS, the City Engineer reported that the proposed improvement and
construction thereof were feasible and desirable and fiurther reported on the proposed costs of
said improvements and constxuction thereof; and
WHEREAS, the area proposed to have been assessed for said improvements is situated
within the City of Mendota Heights in Dakota County, Minnesota and is more particularly
described as follows:
Foxwood, Hidden Meadow, portions of Wallner-Joyce Estate and adjacent lots along
Wentworth Avenue between Delaware Avenue and Dodd Road.
WHEREAS, the proposed per lot assessments which were presented at the public
hearing were determined to have exceeded the economic benefit to the individual properkies as
determined by a subsequent appraisal report; and
WHEREAS, Council has subsequently decided that all proposed assessments be
canceled for water service connections which could he provided to the properties noticed
S'
during the public hearing; and
WHJ � AS, The Cauncil has determined that it is in everyane's best interest to
constnTct resideut�at water service connections at tlzis time so that water service is available
with minimal disxvptian to these residential properties in the future if requested.
NOW TSTREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Mendota. �Ieights,lVl[innesota as follows:
l. That the City cancel the proposed assessments against the properties noti.ced
previously for any of the costs associated with this improvement project.
2. That, prior ta the issuaace of a City building, ar St. Paul Water (SPR� service
connection permit, the City impase a connection cbarge, separate finm any
actual SPW connection costs, for ea.ch residential wat�r connection served from
the Wentworth Avenue Z'iunk Watermain.
3. That the water service cannection charge be calculated based on the then carrent
water assessment in comparable develapments.
; Adopted by the City Council of the City of Mendota FIeights this 21st day of May,
1996.
�: rr�.�
Kathleen M. Swanson �
City Clerk
• �
+�MM • _ �tt' ��w • � .i�i .M
:
Charles E. Mertensotto
Mayor
t
i 1 i i � :1 :�
t �1 i
May 15, 1.946
TO: Mayar, City Council and City d' r
FR4M: 7ames E. Danie o
_�
Public Works ' or
SUBrT�CT: Summer Helpers far Public Works
DISCUSSIUN•
� Every y+ear the Public Works Department hires college students 18 years of age or oider
to assist with their increased summer warklaad. This summer, Public Works desires to hiare
faur helpers (2.5 in Parks, 1 in Streets and 0.5 in Utilities}.
.� Preference is gi�en to�returning workers and to Mendota Heights residents. The
following workers are recommended for hire this sammer.
Streets: Dazrin Heutmaker, 7'OQ 2nd Avenue
Parks: Tom Conway, S73 Emersan Avenue
Joel Paper, 1126 Sylvandale Road
UtilitylParks:
REC011�IlVIENDATION:
Patrick Conway, 668 Woadridge Drive
Returning Worker
Returning Worker
Former Rink
Attendant
New Worker
I recommend that the above listed students be hired as workers to assist Public Works
this summer. Stazting salary is $6.00 per haur.
ACTION REQUTRED►:
If Council desires to implement the recommendation, they should pass a motion
authorizing staff to hire the above listed students fvr this summer.
i 1 i i • : :
�
May 21, 1996
TO: Mayor, City Council, and Interim City Aldl��ator
FROM: Marc S. Mogan MSM
Civil Engineer
SUBJECT: H'iring of Summer Engineering Aide(s)
DISCUSSION•
The Engineering Department is again experiencing a busy constnzction seasan. Major
projects under construction include Curley's Valley View Street Reconstruction, Wentworth
Avenue Trunk Watermain, HRA Senior �Iousing, Dakota BaanklSA Frontage Road, Dodd Road
Trail as well as carry over work on Friendly I�'ills Street Reconstruction, Mendota Meadows,
Swanson's 2nd Addition„ and Ivy Falls South Addition.
In recent years, the City has added up to two fizll-�me temparary Engineering Aides to
assist the Engineering staff during the construction season. Council authorized staff, at the April
16, I99b meeting, to hire up to two fuii-time temporary Engineering Aides ta assist the
Engi.neering Department over this summer construct�on season.
The Engineering Department contacted the University of Minnesota. to advertise these
temparary posi�ions in its Career Development Pragram. This pragram provides hands on
engineering experience for Civil Engineers. The notice that was placed at the University of
h�finnesota failed to generate enaugh interest for Staffta make a recammendation ta Councii to
fill these positions.
In an attempt to expand the search for potential applicants, the Engineering Department
placed an ad in the StarTribune classifieds. The advertisement in the StarTibune prompted a
number of qualified peaple to rnake application for these positions. Sixteen people expressed
interest in these positions, and ten candidates were interviewed. The two best candidates for
these pasitians are Curtis Wimpee' and Jason Skramstad (see attached resumes). Curtis Wirnpee'
is a graduate Engineer (EIT} with nearly a years experience as an Engineering Intern with the
Washington County Highway Department. Curtis Wimpee' was given progressive design
responsibiiities while at Washington County which speaks well for his abilities. Jason Skramstad
is an undergraduate Engineer with three manths of surveying, and construction staking experience
as an Engineering Intern with a private consulting firm. Both candidates are already familiar with
the procedures of construction projects, and therefare they would be helpful ta our staff almost
immediately. Both candidates would be able ta start work beginning the first week in June. The
pay for these positions would be $10.44 per hour.
�
RECOMMENDATION:
Given the heavy summer schedule of ongoing and upcoming projects, I recommend that
Council approve the hiring of Curtis Wimpee' and Jason Skramstad as a temporary Engineering
Aides through this summer construction season. �
ACTION REOUIRED:
If Council concurs with the recommendation, they should pass a motion to hire Curtis
Wimpee' and Jason Skramstad as a temporary Engineering Aides through this summer
construction season at an hourly rate of $10.00 per hour.
MSM: dfw
�urtis M. Wimpee'
13411 322nd St.
Lindstrom, MN. 55045
Phone {612} 257-0716
Professional Qbjective
To waark in a challenging and rewarding atmosphere which will increasitngly develop my skills
until which tirne I become registered as a professional engirzeer and expand my responsibitities.
Education
EITIFE Exam taken and passed on 4-8-95.
Bachelor of Science in Civil Engineering, University af Minnesota, Minneapolis, MN. 1995
Computer Exnerience
Tutored and self taught in AutaCAD version 12. Proficient in HydroCAD, Quattro-Pro, Lt�tus
123, Camputer Associates SuperProject projeat management, ArniPro, and WordPerfect.
Competent in Windows, Widows 95, and D�S formats.
Work Egperience
Intern for V�ashington County Pubiic Warks. MN. (9/95 - 4/96) &(6/94-10/94)
Hydratogy:
� Deternunation af drainage basin areas from topography maps, aerials, and field surveys.
� Calculatian of land use and storm runofffor starm sewer design.
• Location af culverts, wetlands, and other special features for storm runof�" design.
• Complete design of siorm sewer inctuding pipe sizes, inlet piacement, runby, gutter
spread, catch basin placement, top of castings, and quantzty calculations using HydroCAD
and the i��NDOT drainage manual.
• Complete culvert design including center line culverts and entrance culverts using
HydroCAD and the MNDOT drainage manual.
Road Construction: �
• Data coliection, analysis, and preparation of road rehabilitation plans inciuding drafting
and calculation of quantitiss.
• Inspection of storm sewer and catch basin installation.
• Surveying and placement of slape stakes, blue taps, and curb and gutter.
• Drafting af construction limits for road constructian plans.
* Estimation af quantities related to road construction.
• Calculatian of superelevations for horizontal alignment.
Traffic:
• Preparation and analysis of warrants for signalizatian due to traffic volume on Lotus 123.
+ Preparation and analysis af accident reduction reports through signalization and
channelization.
� Preparatian of accident reports and tra�i'ic counts.
• Consolidation of historic traffic caunts for access an Lotus 123.
• Updating of county road iog on Latus 123 including CIP through the year 2000.
Survey Technician for Vtjashin�tan Caunty Survevors Of�ice, I�Il�T. {4196 - present�
• Location and Occupation of a11 section corners for CSAH 3 reconstruction using GPS
receivers and related techniques.
• Inde�ng of survey field boak records.
References furnished upon request.
�
OBJECTIVE
EDUCATION
WORK
COMPUTER SKILLS
Jason D. Skramstad
1301 Seventh Street South East
Minneapolis, MN 55414
612/379-8961
To obtain an intemship or summer employm�t in the field of civil �g'incering.
University of M'uinesota
Institute of Technology
1Vfinneapolis, MN
6/94 - present
Recently admitterl into upper division of Civil Engineering with an environmental
emphasis; curre,nt GPA is 2.6. Course highlights include Wastewater Nficrobiology,
Environme�rtal Engineering, Soil Mechanics, Surveying, and Computer Applications.
Mankato State University
Mankato, MN
9/92 - 6/94
Majored in Environm�tal Sciences; obtained a diverse background in Liberal Arts;
maintained a 3.0 GPA. despite a demanding collegiate hockey schedule.
Course highlights include Ecology, Botany, and Zoology.
Mainstay Inc.
Wayzata, MN
9/95 - pres�t
Caretaker of apartm�rt house; duties consist of caordinating the apartments,
dispersing bills to tenants, indoor and outdoor maintenance.
Melchert/Block Associates, Inc.
Engineers, Surveyors and Landscape Architects
St. Paul, MN
6/95 - 9/95
Member of the surveying crew; proficient at operating the total station and level used
in surveying.
Park Avenue of Wayzata, Inc. 6/94 - 9/94
Wayzata, MN
Member of landscaping crew; experienced in rocking, edging and planting.
1Vfiscellaneous: Planted trees for Hennepin County Forestry Department; Pre 1994
self managed mowing business for 5 years; employed as interior/e�rterior painter.
Word processing and spreadshe�s using Excel, Mathcad, Windows and Intemet.
ACHIEVEMENTS AND ACTIVITIES
Member of American Saciety of Engineers at University of Nfinnesota
• Member of Planetary Society
• Goaltender for the National Championship Se,nior Elite Team, the Minneapolis Bucks, 3/95
• Lettereri 2 years as goalt�der for Mankato State University hockey team
• R�resenterl the Junior A Dubuque Fighting Saints as a member of the 1992 USHL All Star team
��• Member of the 1991 Junior A National Championship team with the St. Paul Vulcans
• Enjoy playing guitar, camping, fishing, snowmobiling, and dirt bildng
PERSONAL PROFILE Self assureti, goal oriented, d�endable, able to take direction and eager to leam. _
�.
CTTY OF MENDQTA HEIGHTS
May 17, 1996
�
TO: Mayor, City Council, and Interim City �' ' rator
FROM: Marc S. Mogan MsM
Civil Engineer
SUBJECTt H'irmg of Summer Engineering Aide(s)
DISCUSSI4N;
The Engineering Department �s in the process of conducting interviews and checking
references far the two full-time temporary Engineering Aide positions which Council authorized
at �he April 16, 1996 meeting. We hope to make a recommendation for fiEling these gositions to
Gouncil for their cansideration at the meeting on Tuesday evening.
ACTION REQUIRED: � -
None. Far information only.
MSM:dfw
�
C lty O�
.... . � 1Viendota Heights
YY � ►�1 ►II � a :1 :YM.
ul�►��;:►II lu
• � � � . �� �' 1� • � Iln�� .�
FROM: Chris Esser, Recreation Programme E��+
RE: Basketball Program Funding Recommendation
DATE: May 16, 1996
Lou Schatz,lVi�ndota Heights Athletic Association Commissioner, has submitted a request for
the City to subsidize a community youth basketball program. The amount of the subsidy
request is $2,0(?0. This subsidy will be "seed money" for the pmgram and not an annual
requ�st. .
The pmgiam is a summer youth basketball drop-ia league to be located at Sibley High School
and the South Branch YMCA. This pmgram will provide, a drop in place for children to play
basketball, without the pressure of making a commitment to be in a league. Children will be
able to just show up and participate. The program is designed to provide constructive
activities and mentoring and leadership opportunities to Middle-School age youth.
The $2,OU0 request would cover minimal program costs and pay the salary of a Program
Supervisor. The Supervisor would be responsible for organizing teams, resolving pmblems,
and general supervision of the facility. I have attached Ms. Schatz' budget for the program.
RF,CnMMF,11Ti)A'I'TnN
The Parks and Recreation Commission has unanimously recommended the granting of the
$2,000 basketball subsidy. I am currently in the process of securi.ng grant money to reimburse
the City for the cost of the subsidy, if approved.
�KI 1► 1: Y�► :.� 11; 1
If the Council wishes to follow the recommendation of the Parks and Recreation Commission,
it should pass a motion approving payment of the $2,000 subsidy for the youth basketball
program.
11�D1 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
Summer Basketball Budget
Salaries:
Coach/ Supervisor 4 afternoons for 8 weeks $1750 -$2150
5 afternoons for 8 weeks $2240 -$270U
Stipend/ recognition for assistants $SUO -$ 750
�
Supplies and equipment:
'� Balls and "gennies" will be furnished by the MHAA if needed.
T shirts (varies with participants) $500 -$ 650
Trophies, awards
Misc:
$600 - $ 625
Publicity costs (flyers, mailers, etc.) will.be paid by MHAA
Contingency (for a first time program) $400
Toial Budget $ 3750 - 5125
0
!^
\.
Dear Members of the Mendota. Heights Park and Rec Commission:
We are writing to request financial support for a new youth summer program
which is endorsed by the West St. Paul Athletic Association, Park and Rec, Police
Department, Southview Y, Mendota Heights Athletic Association and Sibley High
School Basketball. This program will, in a nutshell, provide supervised gym times at both
the Y and Sibley H'igh School for most of the summer. Ea.ch site will be open for kids to
play or practice basketball, and depending on the site, become invalved in other activities
as well.This progam is designed to
l.reach out to kids through sports, provide constructive activities for their free
time and use this experience to involve them in other positive experiences
2. provide girls and boys with various skills the opporiunity to play basketball
3. to provide mentoring and leadership opportunities for lcids at many age levels
�.. - 4. to minimize costs and provide financial aide so all can participate
The South Family Y has offered facilities, training and a special youth summer
membership. The Sibley coaches have offered tirhe, facilities, and players to help
supervise. We are working on securing support from local businesses. The City of West
St. Paul has pledged $2,000 and Sunfish La1ce has pledged $1000, contingent on raising
money from other sources.
We are asking for a$2,000 contribution to pay for some minimal program costs as
well as to pay the salary for a program supervisor (attatched is a rough budget for the
program). Although we wi[l be using kids to help staff this program, we feel that we need
a consistent person at the site to organize volunteers and teams, resolve problems, perhaps
give rides where transportation is a problem, etc. We see this as an exciting start to
involving kids, especially those who have not been able to participate before, in productive
summer activities. We are asking you for seed money and do not anticipate that this will
be an annual reciuest. We anticipate that the program will be so successful that we will be
�� able to attract funds from ather sources in future years.
Almost 55% of the participants in our cunent basketball program are residents of '
Mendota Heights, 3S% fram West St. Paui and the remainder from other parts of the
schaai district. In addition ta providing direct benefits ta the residents of yaur
community, this program wili provide opportur�ties to other kids who have fewer
constructive options. Both the shart term and long range benefits of programs such as this
in preventing crime, chemic.al abuse and a host of other problerns has been shown. We
appreciate yaur consideration ofthis request.
Very truly yours,
Lou Schatz, MHAA Basketbali
A
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CITY OF MENDOTA HEIGHTS
MEMO
May 15, 1996
TO: Mayor, City Council and Interim City ��laiifiistrator
FROM: Guy Kullander, Parks Project Manager ��
SUBJECT: Basketball Half Court in Valley View Heights Park
. �:
In April 1995 a group of neighbors in the Curley neighborhood presented a
petition signed by 71 homeowners requesting that a basketball half court be
constructed on the parcel of land owned by the City known as Valley View
Heights Park. �
� This same group of neighbors requested the same improvement from the
Parks Commission in 1994 and again in 1995. The Commission felt that this was
a worthy project and decided to wait until the Curley Street Reconstruction Project
was approved and to revisit this subject at that time.
. .�
Specifications for a bituminous basketball half court were included in the
Curley Street Reconstruction documents as Bid Alternate No. 1(this item did not
influence the final project low bidder) and was bid at 53,652.50.
Purchase and installation of the basketball backboard and post would be
done by the City park maintenance crew.
.i•. �• • �
This is a capital improvement and could be funded from the Special Park
Fund. Total project cost should not exceed $4,500.
: •u►� ��_ •�
The Parks and Recreation Commission requests the City Council authorize
the use of 54,500 from the Special Park Fund to install a bituminous basketball
half court on the parcel of land known as Valley View Heights Park.
tf Council so desires to implement the Parks and Recreation Commission
recommendation, a motion shouid be passed accepting Bid Alternate No. 1 in the
amount af �3,652.50 fram Valley Paving which would allow the instatlafiion of a
basketbal! half court and to authorize ihe Parks maintenance personnel to
purchase and install a basketball backstop at Valley View Heights Park.
Attachment: Memo to Parks and Recreation Commission including site plan.
CITY OF MENDOTA HEfGHTS
MEMO
May 9, 1996 �
�
TO: Parks and Recreation Commission
FROM: Guy D. Kullander, Parks Project Manager
SUBJECT: Half Court Basketball Court at Valley View Heights Park
. �:
This issue has been before the Commission and the Council for several
years. In December, 1994 and in March, 1995 a group of residents requested the
Commission to include this improvement in the 1996 Parks Capital Improvement
Plan. In April of 1995 a petitiori signed by 71 property owners, including the three
most adjacent lots to the park, was presented to the Council requesting the
cohstruction of a basketball half court. The Council decided that the City could
make improvements to this parcel, but their consensus was that the park should
not formally be added to the park system.
. •�
The Curley Neighborhood Street Reconstruction Project is set to begin in a
week or two and the contractor submitted a bid of $3,650 to install a 48' x 40'
bituminous mat with an eight foot wide trail connected to the existing bituminous
trail. The backboard will be installed by the City Park crew. Total costs should
not exceed 54,500 which includes turf restoration.
,• �•
Funding for this improvement would best come from the Special Park Fund.
' �l ;_• ;_�
The Commission should discuss how this improvement on such a small
parcel fits into the overall park system. If the Commission approves of this
improvement, a motion should be passed recommending that the Council approve
funding from the Special Park Fund for this improvement.
GDK:kkb
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BIT.
�� Valley View Heights Park �'`�4� .
•' 1 �"e2�'Q"�1' Basketball Fiaif Court
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all signed petition presented
to Council.
CITY OF MENDOTA HEIGHTS
MEMO
May 21, 1996
TO: Mayor, City Council, Interim City Administrator
FROM: Kathleen M. Swanson
City Clerk
SUBJECT: Temporary Employment
INFORMATION
This evening's agenda includes a memo from Interim Administrator Batchelder regarding
temporary assistance needed in the Administrative Department during Kim Blaeser's leave.
Some concern has been expressed about the city's apparant obligations and rights if a temporary
agency is used. The purpose of this memo is to clarify some issues and inform Council on
research which occurred before and since the original memo was prepazed. Two of those issues
are the use of an employment agency and distribution of the workload.
Use of A,gency
Prior to preparation of the original memo, I contacted two temporary employment
agencies regazding rates and availability of individuals who would meet our minimum
requirements. I had also attempted to contact Inver Hills Community College to see if it has an
intemship program available, or if there aze any students in the secretarial program who might be
interested in overload work on an as needed basis. 'I'he individual to whom I should have spoken
was not available and has not yet returned my call from last week or from this morning. I
contacted two additional temporary agencies yesterday.
All temporary employment agencies operate within the same general guidelines. They
search their data bases for candidates who they believe will meet or exceed the employer's
requirements and whose expected hourly rate is within the employer's budget. Unlike agencies
which place people in permanent-hire situations, individuals placed through temporary agencies
are actually under contract to those agencies and receive employrnent benefits through the
agency. The hourly rate charged by the agency includes an overhead factor of roughly 50% to
cover the agency profit and employee benefits, including social security, insurances, etc. Three of
the agencies which I contacted have been in business for many years and are highly reputable
firms. I am not familiar with the fourth, however, this agency is experienced in placing
individuals in municipal settings.
The rates for the agencies range from a low of $13.10/hour, from Top Temporary, to a
high of $17.00 per hour for individuals with the qualifications we require. We worked with Top
several years ago with success, and they had two individuals who are available during the time of
Kim's absence. Top has indicated that the individuals would be available for interview, and has
also submitted resumes for our review. The other agencies each indicated that they would likely
have candidates but I would have to give them advance notice so that they could contact the
individuals to determine availability.
Whichever agency we ultimately work with, the city is under no obligation to retain any
individual if it is deternuned that the individual does not meet our requirements or does not work
out for any reason whatever. The agency would replace the employee at our request. We aze not,
obligated nor will we have any contractual arrangement with an agency to retain the agency or its
candidate for any length of time. (Please see the atta.ched communication from Top Temporary.
This is uniform policy for temporary agencies.) We can also request/receive references for the
candidates before they aze �placed with us. If the city uses an agency, we aze not obliged to pay
the city's share of the employee's FICA and PERA, a.nd we have no liability for workers'
compensation or unemployment compensation. Since the person wauld not be included wit.hin
the city's payroll, we also avoid a considerable amount of reporting liability.
Since the temporary agency will provide us with someone who meets our requirements, I
do not envision that we will need to spend much time on lxaining. The individual's primary
responsibility will be secretarial support, and we would only retain someone who has good
secretarial skills.
Workload Distribution
During Kim's absence, it is envisioned that Nancy will assume the most significant
portions of Kim's workload. Nancy will provide secretarial support related to Administration,
Planning, Airport Relations and Pazks Commission. She will prepare agendas for the
commissions and Council and will schedule and advertise public hearings. In addition, she will
reta.in those portions of the utility billing process which require her experience and laiowledge.
The temporary person would provide secretarial support to the individuals for whom
Nancy now provides secretarial service and some of the secretarial workload that Kim provides.
She will also handle those utility system responsibilities for which little training is needed
(scanning receipts, etc.). This person will provide back up support for the front counter and
telephones. Nancy also provides considerable assistance to me in the budget preparation process.
This responsibility will be shifted to the temporary person. Secretarial support will be distributed
based on how much time Nancy has available.
Summer is the busiest season for administration. This summer our workload will
increase considerably because of preparation for the fall elections. For many years, the
administration budget has included funding for temporary, part-time help to give us enough
clerical support for the summer peak times. Although we do not use temporary help every year,
we have used hourly assistance during election years. Diane and Nancy are significant members
of my election team and both are fully trained and experienced. Because this is an election year,
some of their time will be needed for election related duties beginning in July, and in significant
levels by mid-August. It may be necessary to hire an additional part-time person to fill in on an
hourly or perhaps half-da.y basis to do secretarial and clerical overload when things get hectic.
Hopefully, Inver Hills can provide someone to fill this need.
As Kevin mentioned in his memo, it may also be necessary to retain the temporary
services of a professional minute taker for Planning and Airport Relations Commission meetings.
We are in contact with an agency to deterniine availability of a minute-taker.
I have no doubt whatsoever that Nancy will be able to efficiently handle the new duties
which will be expected of her plus those portions of the utility billing process which will require
her experience and training. I am also convinced that an experienced temporary person retained
through an agency will give us the secretarial support we need with little training required from
us. Top Temporary was suggested in the earlier memo because of our past experience with Top
and because they have qualified candidates available. Neither Kevin nor I have a specific
preference over which agency to use. We would simply like your authorization to retain
someone through a temporary agency to avoid the otherwise potentially significant training
needs, advertising and interviewing time, and city obligations for benefits and unemployment
compensation.
RECOMMENDATION
I reiterate Interim Administrator Batchelder's recommendation that Nancy Bauer be
temporarily assigned the classification of Senior Secretary, Step #, at an hourly rate of $15.12
effective June 3, 1996 and continuing until Kim's return on September 9, 1996.
I also recommend that Council authorize Administration to retain a temporary agency to
provide a full-time temporary secretary for the same period of time at a rate of up to $16.00 per
hour (to allow us to retain the most qualified individual available through a temporary agency).
I further recommend that Council authorize Administration to retain the services of a
professional mi.nute taker for an amount not to exceed $1,200 and to authorize staffto retain part-
time secretarial help, on an as-needed basis. Funding for the part-time help would be provided
through the Administration temporary secretarial buflget.
ACTION REOUIRED
�If Council concurs with the foregoing recommendations, a motion should be passed to
authorize the personnel actions described above, effective June 3, 1996.
TOP TEMPORARY
TCyP
TEMFC}RARY
INC.
May 21, 1996
Kathy Sw$nson
City of Iv%ndata Heights
124 �ctoria Curve
Mendota Heights, MN SS i 18
Dear Kathy:
61245779�2
This letter is to clarify two aspeots of Tog Temporary's new accoant information.
The length of each assigmment that our temporary employees aze sent to is determined by
cach of our companys to meet their individual needs. Only in the event that a company is
seeking a permanez�t employee and chooses te hire one of Top Temporary's empEoyees do
w� ask for a i2 week or 48t} hour a�ceement. In any other situation th�re is no obligation
to �'ulfili a contracival a�reeme�t.
if for some reason The �ity of Mendota Heights is nat satisfied with their chos�n Top
Temporary employee. ther� again is no ob�is�ation to have the same individual complete
the assigr�ment. W� simply ask that yau infozm us in as timely a manner as p4ssible that
you are unsatisfied and we will do all that we ean to immediately reglace him/her with a
mare quaiified individual.
Top Temporary does bave the right to do reference �hectcs on ail of 4ur appticants whicii
does assist us in sending the rnast capable and reliable indiv�idual to meet aur customers
needs.
ffyou have further quesrions ar need further clarification, ptease feei free to contact me at
457-90p3.
Sincerely,
�-
Audrea S. Carlson
�.� �---_�
A.dministrative Representative
P.02
it39 Payr�s Ava. 4458 Central Ave. N.E. 4,33 East tutancEota Road - � 32 isnth Ave. So. t�5i N. Lexing[on Avs.
St. Paul, MN 55101 MiMeapolis. MN 55421 WeSt St. P811J, MN 55�?.9 k1aRLina tlAl' EER1R _ "' '�
.a-•i� i�+ nor.a ._ .
CITY OF MENDOTA HEIGHTS
MEMO
May 15, 1996 �
TO: Mayor, City Council and Interim Ci � nistrator
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Summer Under the Sun (Summer Adventure) Funding
Discussion
The City of Mendota Heights has budgeted $3000/year for the last several years to help
fund the Summer Under the Sun program, formerly known as Summer Adventure. This
funding is contingent upon two conditions:
1. that the�City of West Saint Paul continue to participate in the program, and
2. that the Summer Under the Sun program submit an Evaluation Report to the City at
'� � the end of each summer.
The Summer Under the Sun program has met both requirements for 1995. The City has
already committed to paying the invoice for 1995, and has also budgeted to assist this
program for the summer of 1996.
Attached is the following:
1. A cover letter from Bev Fritz
2. An Evaluation Report of the 1995 Summer Under the Sun program
3. An Invoice from ISD 197 Community Education for $2,768.01
Staffbrought this program to the attention of the Parks and Recreation Commission to
hear the Commission's thoughts on whether or not we should continue to fund this
program for 1997 and beyond at our current level.
Recommendation
On May 14, 1996, The Parks and Recreation Commission voted unanimously to
recommend that the City Council authorize payment of $2,768.01 to ISD 197 Community
Education for the 1995 Summer Under the Sun program. The Planning Commission
voted in the same motion to table discussion of the future of the City's participation in the
�.
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program until a future meeting when Bev Fritz or another representative of the program
could attend to discuss the program.
Council Action Required
If the Council wishes to follow the Parks and Recreation Commission's recommendation,
it should authorize payment in the amount of $2,678.01 for the 1995 Summer Under the
Sun program.
�
,S:r�'�1�"':�:,
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ois'h``Gs
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INDEPENDENT �CHC?QI, T.}ISTRICT 197
� TFiE $BST PLACE� TQ LEARN tN NORTNEIiN DAKOTA COUIVTY
r��i '� I �
ti��•. " "" �r/.
� v ............. �.,a,..4"^wryMi4r
T O : IiQvia Batchelder
FROM: Bev �itz
DATE: � May 6, 2996
SUBJECT; Sw�mer Under the Swa Iuvoice
SeaondNof�e
BeverIy J. F`ritz
Director of Community Education
(612}405-�84 Fax i812) 686�501
452-153� TDD
As we are pr�eparislg for awr 5ummer Under the Sum pr+ogram for the Summer of 1996, my recards
indicate that #he iav�afoe we seat the G�t,� of Meadota Hei,ghts on OcLro�ber 18,1995 hss nat beea paid. I
am sttsching the memarandnm and the invoice alang with the sec�nd natice.
It is`our hope that the Ci�y e�M.eadota Fieights will to contiaue t�o cantnbc�te to this joint effort ta
pragram efforts for elementary age chiidren. CaII me if you have a question regarding any of
this.
attached
�lST`RlCT OfiFlCES . 1897 D�:�,nwn�ze AvFrruti • MENI30TA HEIGHT'S, M1A'I�ESQTA • ��Xl$
(&I2) 68i-2300 FAX (612) 681-9102 TDD {G12) 452-153?
�VI7VIAl: `ITI%L'CT �T 1�AI11 i�C�.t11ATA T-iNll�lin�4.+ �1�/'�wl.� �LA�tIl�TA C�IA•41C11 �.wYL` �Ili•flrlL iwll �w'iltfi rlitittl �-tL•ttti��
�
Beverly J. Fritz
Director of Commwrity Educ,aiion
(612)681-2337 Fax (612�686-SSOl
452-1537 TTY
MEMQRANDUM
TO: Ciiy af Mendaia l3eights
c/o Kevin Batchelder
RE: Repori on 1995 Summer Under the Sun
{formerly Summer 1�dventure}
This year �r��rks the second summer Independent Schaol District i97 Community
Educa�ion.and Dodge Nature Center have collaborat�d to provide a joint grogram
far children wha have just com�Ieted kindergarten tbrough eighth grade (sixth
tbrough eighth graders senrin►g �s �unior camp counselors}. Again Summer
Under the Sun provided parents with the option ta sign their children up for a
fi�]:T day of programining b.eginning at 8:00 a.m. and concluding at S:OQ p.m. or
just the maming only at Dodge Naiure or just the afternoon only at Grass Junior
High (Community Educat'ron}. Again we offe�ed tiuee two-week sessions with
the first session beginning on June 19th and the third session concluding on July
27'th. 'I�roughout these si�c weeks we had 81 students enrolled in the day-Iong
program and 60 students enrolled for the aftemoon only. Altogether 23 students
enrolled for all af the t�u�e sessions with a total of 32°�0 listing Mendota Heights
as the city of residence.
In addition to the fiel.d trips and the specia� presentations that were provided for
each session we were able to provide the children with three daily enrichment
classes, Tli�se enricnment classes consisted o�' Science, Physical. Education, and
Drama. Lead by three very ex�perienced teachers these classes provided hands on
experiences to leaming and were highly successfi�.. In �ie evaluations for the
afternoon prograrn 82% of those responding felt the overall impression of the
program was excellent. For yaur information I have attached the summary of
the parentJguardian evaluations for 1995.
The West St. Paul Parks and Recreation again this summer has paid the sallaries
and benefits for the Group Leader positions who also fulf'ilI the morning Pre-
school playground positions. Barb Kasal. from the �est St, Paul Parks and
Recreation has natified me that they contributed $2,768.01 for the aftemoan
Group Leader salaries, In addition, Community Education paid out $9,06'7.17
�
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in sallaries to staff. It is my understanding that the arrangement with Mendota
Heights has been for yau to reimburse ISD 197 for the same amoun.t West S�
Paul conbributed far st��'f salaries. Therefare, I have a�so attached an invoice for
yaur records. Please feel free to contact me if you should have further questions
regarding the pragram Summer Under the Sun.
�
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Independent Schoot Disirict 197
CommuniEy Education Services
1304 Mendoia Heights Road
Mendota Heights, MN 5512Q
{612)6$I-2389
�ECC}ND I1tiI'iTOICE
T(3: City of Mendata Heights DATE: May 6, 1996
G/o Kevin Batchelder
1101 Victoria G�rve
Mendata H�:ights, MN 5511$
Ag�m.ent with ISD 197 Comm�nity Educadan to piavide summer youth edacational
programming ia collt�bornrntiioa with Wi�st St� Paul Parks and Raxr,s�.tioa Payment m�;eived will be
used to offset c�enses incurreci for Summer Under the Sun i995 salaries and e�cpenses.
Toi� A.maunt bue; $2,76$.01
Payment is due 30 days from invoice. Thank you.
Make checks payable W ISD 197
For office use only
Check No.
Aniount
Date Received
J-^ � S
CITY OF MENDOTA HIIGHTS
ul:�u •
May 14, 1996
TO: Ma or, Ci Council and Ci Admuus"rtrator
Y �Y �Y
FROM: Kathleen M. Swanson, City Clerlc��
RE: Heritage Inn Liquor License Hearing
���Y�[i�`�`i�i�A
Heritage Inn of Mendota Heights has submitted their information to renew their
Limited Hotel On-Sale and Sunday On-Sale liquor license. The application has been processed
by staff and appears to be complete and in compliance with the ordinance. In conformance
with the liquor ordinance, Council must schedule and conduct a public hearing on this
application.
�: ' K� ►�lul'.I� _ Y • ►
I recommend that Council schedule a public hearing on the liquor license renewal
application for June 4, 1996.
Y•� ;'• 11:'�
If Council concurs in the recommendation, it should schedule a public hearing starting
at 7:30 p.m. on June 4, 1996 for renewal of Heritage Inn of Mendota Heights for a Limited
Hote1 On-Sa1e and Sunday On-Sale liquor license.
ClTY OF NIENDBTA HE[GHTS
� t�iT�C'+�7
May 17, 1996
TO: Mayor and City Councit
FROM: Kevin Batchelder, Interim City A mi ' ator
SUBJECT: Dismissal of Third Party Claims
M ! • �
In December, Dakota County Judge Karen Asphaug granted our�motion of
Partial Summary Judgment denying claims by Local 320 Teamsters regarding
alEegations af un#air labor practices. The Court also denied a ctaim to arbitrate a
gr�evance over workplace hours. This decision by Judge Asphaug is a partial
judgment and the City still has Third Party caun#er claims against individua[s in
Local 320.
The City Counci! and Local 320 have discussed an agreement to drop the
Third Party ciairns in exchange for a written agreement not to appeai the Court`s
judgement. However, both sides have not been able ta agree on this issue. The
City Councifi has indicated, during these discussions, that they are nat interested in
spendi�g more money to pursue the discovery and deposition process.
Mr. Kevin Rupp, our labor attorney, recommends that we dismiss these
claims if they are not to be pursued. The Court has established a May 24, 1996
deadline for discovery on our claims, and the claims, if they are not to be pursued,
should be dismissed befare this date. This will finalize this lawsuit, unless the
• ! •. s. • s • • •^ •' • .••-. � • • s•-
�7! �� \ i ��l � i�_��
If the City Council so desires, they shauld pass a motion to authorize Kevin
Rupp, la6or attorney, to serve and fiEe the dismissal of Third Party claims.
�► : � s
CITY OF MENDOTA HEIGHTS
MEMO
May 15, 1996
TO: Mayor, City Council, and Interim City '�tor
FROM: Patrick C. Hollister, Administrative Intern��
SUBJECT: Case No. 96-12: US West Cellular Application for a CUP
Discussion
The Council granted Concept Approval to US West on May 7, 1996 for their proposed
cellular apparatus on the roof of the Henry Sibley Senior I�'igh School building as
presented in Planning Case No. 96-12, provided that US West consents to entering into a
Developer's Agreement with the City. The Developer's Agreement mainly addresses
issues of non-interference with other communications systems.
Attached are the revised Resolution of approval and a draft Developer's Agreement. Mr.
Littlejohn has reviewed the content of this draft Agreement and has indicated to Staff that
it is acceptable.
Council Action Required
Approve the attached Resolution and Developer's Agreement.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, NIINNESOTA
RESOLUTION NO. 96-
A RESOLUTION GRANTING A CONDTTIONAL USE PERMIT TO US WEST
FOR CELLULAR APPARATUS ON SIBLEY ffiGH SCHOOL
WHEREAS, US West has proposed to place cellular apparatus on the roof of Henry
Sibley Senior High School; and
WHEREAS, The City Council of the City of Mendota Heights considers such apparatus
to be an accessory use to the primary use of a school; and
WH�REAS, US West has agreed to enter into a Developer's Agreement to guarantee
non-interference with other communications systems,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota
Heights on this 21 st day of May, 1996 that a Conditional Use Permit be granted to US
West for the placement of cellular equipment on the roof of Sibley I�'igh School with the �
following conditions: ' � �
s � �,�1�'�' �-- a;er�
1. that US West �maintain the equipment and penthouse for safet�purposes
2. that US West sign a Developer's Agreement with the City ensuring that there will be
no radio interference with existing radio communications systems or air traffic
communications and operations.
Adopted by the City Council of the City of Mendota Heights this 7th day of May, 1996.
:� �e��A
ATTEST:
Charles E. Mertensotto, Mayor Kathleen M. Swanson, City Clerk
�
SI'TE FLAN AND DEVELOFMENT AGREEMENT
This Agreement is made and entered into effective as of this _ day of May, 1996, by and
between the CITY UF MENDOTA HEIGHTS, a l�tinnesota municipal carporation (the
"Cit�'), and M'inneapolis SMSA Limited Fartnership doing business as US West Cellular
and ail of its successors or heirs {"US West").
RECITALS:
WHEREAS, US West has been approved ta place celluiar apparatus on the roaf ciF
Henry Sibley Seniar High School,
NOW, THEREFORE, in consideration af the mutual covenants, promises and
obligations of the parti�s hereto set forth herein, it is hereby agreed as follc�ws:
l. City Approvals: Subject to the terms and canditians afthis Agreement, the City
hereby grants a Conditional Use Pernut to US West for the placement of cellular
equipment on the roof of Sibley I�'igh School. �
2. Approved Pians: US West agrees that its ceilular apparatus to be erected and
operated at Henry Sibley H'igh School shall be developed, constructed, used and
ma.intained in accordance with the follawing drawings, plans and documents (collectively,
the "Approved Plans"):
There shall be no material changes in the Approved Plans without the prior written
cansent af the City, Upon compietian afthe installation of the cellular equipment, US
West shall certify in writing to the City that the cellular equipment has been developed and
canstructed strictly in accordance with the Appraved Plans.
US West agrees to construct the Praject, subject ta the terms and conditions set farth
herein and in Appendix, strictly in accardance with the Approved Plans.
3. Maintenance: US West will properly maintain the equipment and penthouse for
safety purposes. re.� e��- �es aC �(-� o+.� s, j�,-� c.�-�-,�.� f
4. Radio Frequency Interference
a. In the event US West's use of the Premises is reasonably believed by City ta be
causing radio frequency interference ("Interference"}, US West will upon noiice as
provided in P�ragraph 4(b) belaw by City to US West, conduct uavestigations and testing
as necessary to deterniine if US 't�t�est's Antenna Facilities are causing such interference
(hereinafter refened to as "Testing"). City may, in its notice to US West, include a
requirement that City or its representative be present at all on-site testing and US West
shall conduct such Testing in accordance with said request, subject to paragraph 4(d). If
Interference canr�ot be eiiminated within two business days of the receipt of said natice
0
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from City to US West, then US West shall discontinue transmitting on those frequencies �
which City believes to be causing interference except: (1) if US West is able to reasonably
demonstrate to City's satisfaction, which satisfaction shall not be unreasonably withheld,
that said frequencies are not causing or materially contributing to Interference or; (2) for
purposes of internuttent operation or testing after performing such maintenance, repair,
modification, replacement or other action for the purpose of correcting Interference or; (3)
as otherwise provided below.
b. All other provisions of the Conditional Use Pernut to the contrary
notwithstanding, any notice by City to US West of Interference that City reasonably
believes to be caused by US West shall conform to the following requirements: (1) such
notice shall be sent by facsimile transmission, hand delivered or delivered overnight mail
where a signature is required for the receipt thereo� (2) receipt of such notice will be
considered that time at which US West is actually in possession of such notice, or has
signed for its receipt, (3) such notice shall conta.in the name and phone number of the user
experiencing Interference, the frequency on which Interference is occurring, the date that
the frequency was placed into operation, the date and nature of the last modification of
any kind to that user's equipment, a complete description of the type, location and power
levels of that user's equipment and of the nature and times of the Interference, the
frequency of US West reasonably believed to be causing Interference, and a statement
describing the basis of said belief.
c. Except as provided herein, if City notifies US West as provided in
Paragraph 4(b) above of radio frequency Interference which is not eliminated or shown
not to be caused by or materially contributed to by US West's frequency within thirty (30)
days of said notice, then City may terminate this Conditional Use Permit without further
obligation by either party.
d. In the event Testing requires access to and use of the equipment of other
users of the Property or the presence of City as provided in Paragraph 4(a) above, City
agrees to coordinate such cooperative efforts as are reasonably required for US West to
secure same. The time limits for US West's discontinuance of frequency use in Paragraph
4(c) above shall be extended as necessary to secure said cooperative efforts and to the
same extent as any delay in securing same.
e. In the event US West clearly demonstrates the primary cause of
Interference to be the equipment or property of City or of another user which is (1)
malfunctioning, (2) functioning outside of its manufacturer's specifications, (3) does not
meet FCC rules, regulations, or guidelines, or (4) does not comply with the Site Standards
(said equipment being hereinafter referred to as "Defective Equipment"), US West shall
not be obligated in any way to discontinue use or operation of its Antenna Facilities or
frequencies. In such event US West will not be held liable in any way to modify or alter
the use of its Antenna Facilities, nor be obligated in any way to participate in the cost of
correcting or modifying Defective Equipment, nor to conduct further testing or
STTE PLAN AND DEVELOPMENT AGREEMENT
T�is Agreement is made and entered into effective as of this _ day of May, 1996, by and
between the CITY QF MENDOTA HEIGHTS, a Mizuiesota municipal corporation {the
"Cit�'), and Minneapolis SMSA Limited Partnership doing business as US West Cellular
and all of its successors or heirs {"US West"}.
t�+��*��+�
WHEI7.EAS, US West has been approved to place cellular apparaius on the raof of
Henry Sibley Seniar High School,
NOW, THEREFURE, in consideration afthe mutual covenants, promises and
obligations of the parties hereto set forth herein, it is hereby agreed as follows:
l. City Approvals: Subject to the terms and conditians of this Agreement, ths City
h�reby grants a Conditional Use Permit ta US West for the placernent of cellular
equipment on the roaf of Sibley I�i'tgh School. �
2. Approved Pians: US West agrees that its cellular apparatus #o be erected and
operated at Henry Sibley I�gh Schoal sha11 be developed, canstructed, used and
main#ained in accordance with the following drawings, plans and dacuments (callectively,
the "Approved Plans"):
There shall be no material changes iun the Approved Plans without the pnor written
consent of the City. Upon campietion of the installation of the cellular equipment, US
West shall certify in writirxg to the City that the cellular equipment has been developed and
constructed strictiy in accordance with the Approved Plans.
US West agrees to construct the Project, subject ta the terms and conditions set farth
herein and in Appendi�c, strictly in accordance with the Approved Plans.
3. Maintenance: US West will properly maintain the equipment and penthouse for
safety purposes.
4, Radio Frequency Tnterference
a. Tn the event US West's use of the Premises is reasonably believed by City ta be
causing radio frequency interference ("Interference"), US West will upon notiee as ,
pravided in Paragraph 4(b) belaw by City to US West, conduct investigations and testing
as necessary to determine if US West's Antenna Facilities are causing such interference
(hereinafter refened to as "Testing"). City may, in its notice to US West, include a
requirement that City or iis representative be present at a11 on-site testiz�g and US West
shail conduct such Testing in accordance with said request, subject to paragraph 4(d). If
Interference cannot be eliminated within two business days of the receipt of said notice
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from City to US West, then US West shall discontinue transmitting on those frequencies �
which City believes to be causing interference except: (1) if US West is able to reasonably
demonstrate to City's satisfaction, which satisfaction shall not be unreasonably withheld,
that said frequencies are not causing or materially contributing to Interference or; (2) for
purposes of intermittent operation or testing after performing such maintenance, repair,
modification, replacement or other action for the purpose of correcting Interference or; (3)
as otherwise provided below. .
b. All other provisions of the Conditional Use Pernut to the contrary
notwithstanding, any notice by City to US West of Interference that City reasonably
believes to be caused by US West shall conform to the following requirements: (1) such
notice shall be sent by facsimile transmission, hand delivered or delivered overnight mail
where a signature is required for the receipt thereof, (2) receipt of such notice will be
considered that time at which US West is actually in possession of such notice, or has
signed for its receipt, (3) such notice shall contain the name and phone number of the user
experiencing Interference, the frequency on which Interference is occurring, the date that
the frequency was placed into operation, the date and nature of the last modification of
any kind to that user's equipment, a complete description of the type, location and power
levels of that user's equipment and of the nature and times of the Interference, the
frequency of US West reasonably believed to be causing Interference, and a statement
describing the basis of said belief.
c. Except as provided herein, if City notifies US West as provided in
Paragraph 4(b) above of radio frequency Interference which is not eliminated or shown
not to be caused by or materially contributed to by US West's frequency within thirty (30)
days of said notice, then City may terminate this Conditional Use Permit without further
obligation by either party.
d. In the event Testing requires access to and use of the equipment of other
users of the Property or the presence of City as provided in Paragraph 4(a) above, City
agrees to coordinate such cooperative efforts as are reasonably required for US West to
secure same. The time limits for US West's discontinuance of frequency use in Paragraph
4(c) above sha11 be extended as necessary to secure said cooperative efforts and to the
same extent as any delay in securing same.
e. In the event US West clearly demonstrates the primary cause of
Interference to be the equipment or property of City or of another user which is (1)
malfunctioning, (2) functioning outside of its manufacturer's specifications, (3) does not
meet FCC rules, regulations, or guidelines, or (4) does not comply with the Site Standards
(said equipment being hereinafter referred to as "Defective Equipment"), US West shall
not be obligated in any way to discontinue use or operation of its Antenna Facilities or
frequencies. In such event US West will not be held liable in any way to modify or alter
the use of its Antenna Facilities, nor be obligated in any way to participate in the cost of
conecting or modifying Defective Equipment, nor to conduct further testing or
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investigations at its own expense, nar be held further obligated under ar in default of this ,�
Paragraph 4, whether or nat interference continues.
f. In the event US West clearly demanstrates that said Interference could be
eliminated by the modification af City's or another user's equipment and/or appurtenances
thereta wluch do not fall under any of the categories in Paragraph 4{e} above and which
were placed in.to service before US West began transmitting on the frequencies causing or
materially contributing ta said Interference {hereinafter referred to as "non-Defective
Equipment") US West shall, at its option„ either (1), permanently discantinue use af its
frequency so causing or contributing or {2}, modiiy said Non-Defec�ive Equipment at US
West's expense with the consent of the City and/or other user. City's consent will not be
unreasonably withheld and City will use reasc�nable efforts to cantain the consent of any
ather users.
g. In the event US West reasonably determines that Interference is caused or
materially contri6uted to by the condition or configuration af property or materials not
oumed or operated by US West which are also not cansidered radio equipment or any
appurtenance tnereta, ITS West shall not be ohligated to madify or repair said property or
materials or to discontinue use of US West's Frequencies. However, if US West's
Frequencies are also a materially contributing component of Interference and the
frequency and equipment experiencing interrference was placed into service and madified
or altered prior, but not subsequent ta US Wesi's Frequencies being placed inta service, �
then US West shall be obligated to discontinue use ofthose of US West's Frequencies so
contributing, pravided sazd discontinuance causes the substantial elimination of
Interference,
h. In the event US West reasonably determines US West's Frequencies are a
component of Intetference, which Interference is aiso materially contributed to by anather
user's equipment ar frequency which has been installed, altered, repaired, or modified in
any way that is responsible far said material contribution and said instailation, alteratian,
repair or modification was done subsequent to US West's Frequencies being placed into
service, US West shail have no obligatian under this paragraph 4, or for modificatian of its
oum Antenna facilities or their use, or to modify the equipment of other users and sha11 nat
be considered in default of the Conditional Use Pernut even if Interference cantinues.
Pravided that, notwithstanding any other provisions of this Conditional Use Permit, if
another user (other than another Ce1lular telephone company} whose equipment, antenna,
or frequency was installed, altered, repaired, or modified in any way, subsequent to the
date of this Canditionat Use Permit experiences or causes interference to or from US
West's equipment, antenna or frequency and the other user has observed a.11 of the site
standards and has taken a1I practical measures to eliminate the interference, US West will
caaperate with the City to insure that the other user may continue to utilize the schaol site
and be a source of revenue for ISD 197 by discontinuing the use afUS West's frequency
that is causing or receiving the interference and utilizing one of the other frequencies US
West has availabie, or by taking such other remedial action as might be necessary ta
� pernut the other user to rerna.in a Lessee of ISD 197 as long as any affected Lessee, other
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than the City of Mendota Heights pays for the cost of such change and US West's rights ��
and operations do not suffer any material adverse impact provided this clause shall not �
apply to the City of Mendota Heights as a user of the site.
,. i. Any provision of the Conditional Use Permit to the contrary
notwithstanding, US West shall not be obligated to modify, replace, repair or alter the
equipment of another FCC licensed provided of Cellular Telephone Service whether said
equipment is Defective or non-Defective, provided that this paragraph 4(1) does not
relieve US West of its responsibility to eliminate Interference as otherwise provided
herein.
j. City wanants that it will exercise its best efforts to insure that any future
companies providing FCC licensed Cellular Telephone Service share equally with US
West in the burden of elimination of interference as provided herein.
k. Except as provided in this Paragraph 4, US West shall ha.ve no obligation
nor be held in default of this Conditional Use Pernut for reason of or relating to radio
frequency interference.
5. No Waiver: No remedy being conferred upon or reserved to the City or US West
is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No
deny or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be deemed expedient.
6. Except as otherwise expressly provided for in this Agreement, a notice, demand or
other communication by either party to the other party hereunder shall be sui�iciently
given or delivered if it is dispatched,by registered or certified mail, postage prepaid, return
receipt requested, or delivered personally, or sent by facsimile, as follows, or to such other
address as such party shall advise the others in writing as hereinafter set forth from time to
time. .
(1) If to the City, to:
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, NiN 55118
Attn: City Administrator
(612) 452-1850 Fax: 452-8940
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(2) If to US West, ta: �,,�
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US West NewVector Crroup
Real Estate Niail Stop 581
3350-16 lst Ave SE
Bellevue, WA 98448-9211
7. Tndemnification. US West agrees, that anything to the contrary herein
notwithstanding, the City and its agents, officers, councii members, employees and Iegal
counsel shall not be liable or responsible in any manner to US West, its contractors,
material suppliers, laborers, or to any c�ther person or persons whatsoever, for any claim,
demand, damages, actions or cause af actian, of any kind or chaxacter arising out of or by
reason of the execution of this Agreeme�t, the transaction contempiated hereby, the
acquisition construction, installation, ownership and operation of the Project, or any public
improvements relating thereto. US West v�rill inde�m�ify and save the City haa�ess from
any and all claims, demands, darnages, actians or causes of action, or the cost of
disburssme�ts and the expenses of defending the same, specifically includir�g, without
intending to limit the categories of such costs, casts and expenses for City administrative
time and iabar, costs af engineering and pla�n�zing services, and costs of a11 legai services
rendered, and other direct out-of-pocket expenses incurred, in cannection with defending
such claims as may be brought against the City for acts, altegedly direct2y or indirectiy
relating to, occurring at or about, or resulting or arising from the Project in any way
whatsoever, unless such claims or damages are caused solely by ihe negiigence or wiliiiii
acts of the City, its agents, officers ar employees.
8. Governing Law. The City and Developer agree that this Agreement sha11 be
governed by and construed in accordance with ihe laws of the State of l�2innesota.
9. Successors and Assigns. The cavenants, duties and abfigatians of the parties
hereto shall run with the apparatus and sha11 be binding upon the respective heirs,
successors and assigns ofthe respective parties hereta.
10. Severability. If any pravision of this Agreement be faund invalid due to State or
Federal law, such a finding shall not invalidate other provisions unless so specified.
APPENDIX
Pursuant to the Development Agreement dated Ma.y � 1996, between the City of
Mendota Heights, a Nfinnesota Municipal Corporation (the "City") and U. S. West New-
Vector Group, Inc., a Washington Corporation ("US West").
CITY OF MENDOTA HEIGHTS
CELLULAR ANTENNAE SITE STANDARDS
1. Unless housed in a separate solid walled, closed room dedicated to a single user,
a11 equipment must be housed in an RF tight, metal enclosure. Desk top base stations and
open racks cannot be used unless separate RF tight enclosures are provided around
individual transmitters and receivers. Additional shielding kits may be required.
2. All receivers must be adequately protected with a band limiting device, such as
ca.vities, duplexers or other filters. Unprotected preamplifier devices or receivers will not
be guaranteed freedom from radio frequency interference.
3. Many manufacturers provide receivers options for maintaining narrow receive
bandwidth. These devices, typically crystal filters, will be used whenever necessary to
eliminate interference problems caused by overload.
4. At least 60db of isolation for 440-470 MHz and 800-920 MHz transmitters and 25
dB of isolation for 140-170 MHz and 30-50 MI3z transmitters must be provided. A band
pass ca.vity must be provided on the transmitters between the antenna and any ferrite
device used. Additional filtering and isolation may be required and will be considered on a
case-by-case basis.
EXCEPTION: Frequency bands not covered above will be reviewed and subject
to proper isolation prior to installation and operation.
5. Maximum transmitter power allowed into the antenna feed line will be 110 watts
per transmitter provided that maximum effective radiated power (ERP) will be 500 watts.
EXCEPTION: Higher power levels will be considered on a case by case basis.
Additional protective devices may be required.
6. Only jacketed copper Heliax cable will be permitted for transmission iine at the
site. All on-site intercabling must use RG/9, RG/142, RG/214, 1/2 inch superflex or
equivalent. RG/8 or any other single shielded cable will not be allowed. All outside
connections must be kept weather tight at all times. All connectors will be N-type or EIA
whenever possible.
7. All transmitters must have band-pass cavities that will provide at least the
following attenuation of side bank noise:
3Q-50 A�Iz band:
140-170 MHz band:
440-47Q l�glz band:
800-920 MHz band:
15 dB at 1 l��Iz
15 dB at 1.5 MHz
I S dB at 2.51�9Hz
20 dB at 10 MHz
EXCEPTION: Requirements for transmitters outside of these bands will be
considered on a case-by-case basis.
8. Each cabinet must be identified by the owner's name, address and FCC station
license. It must also have the name and telephone number of the responsible service
agency.
9. Each user will infarm the City of a1i receive and transmit frequencies in use at all
times. Any changes in frequency use or modification of any lcind of equipment will be
reported to and approved by the City at ieast 10 days prior to the change. �here it can be
demonstrated that there is a strang likelihaod such freyuency use will result in an
interference problem, testing of that frequency use prior to its actuai operation may be
required by the City.
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IN WITNESS WI�REOF, the parties hereto have caused this Agreement to be executed ���►
by their respective duly authorized representatives effective as of the date and year first �
above written.
CITY OF MENDOTA HEIGHTS
SIGN:
Charles E. Mertensotto, Mayor
ATTEST:
Kathleen M. Swanson, City Clerk
MINNEAPOLIS SMSA LIlVIITED
PARTNERSHII'
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Ma.y 16, 1996
TO:
FROM:
SUBJECT:
Mayor, City Council and City A s�!� r
Tom Knuth �
Seniar Engine�ring Technician
Forgivable Loan
Job No. $2088
DISCUSSIUN:
We have received a request fmm Metmgolitan Council Environmental Services
(MCPS) to apply for a matching loan ta fund a projeet which will x�duce infiltration in our
sanita,ry sewer. As a result af InfiltrationlInflow {]'!I) studies undertaken by staff it was
discovered that a badly lealdng sanitary sewer line exists in an easement between Ridgewaod
Drive and l�sarie Avenue. The latest uifiltratian reading afor that segment taken indicates an
infiltration rate of six million gallons a year flowing into the MCES iunterceptor for which
Mendot�a Heights is billed over $7;UQ4 per yea�r. As you can see by Lhe follawing cost
estimate, Mendota Heights wauld recoup its share af the project in less than two years by
eliminating this irEf'iltratianlinflow. If the pmject is successful in evminating the
infiltration/inflow, the MCPS will forgive the 1oan, thus making their matching funds a grant.
���
1. Slipl.irne clay pipe with PVC
2. Remove & Repiace e�sting manhale
3. Restare construction site
Tatal Cost (including Engineering a.nd 4verhead)
Less MCFS Shar�e
Gost ta City
FSTIlVIATED COST
', . ' 11 11
i il
•11�1 11
$21,250.00
$1.0,650.00
$1.0,650.(}0
We attempted to repair this sanit�uy Iine back in 1985 by using a chemical graut, but
this methad pmved to be unsuccessful due to the high groundwater level and the large amount
of pomus bedding rock around the pipe. The clay pipe itself is structural.ly sound, but the
joints in the pipe leak badly. LeakYng joints are no longex a problem in our sewers because the
compression joint used in todays PVC pipe is completely watertight, as is evidenced by the
man.y miles af PVC installeti in Mendota I3eights over the last several years,
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In order to obtain the matching loan, we must pass a resolution authorizing staff to
submit an application to MCES. Since MCPS will prioritize applications in the order
received, we should act on this as saon as possible. If successful, the City would be awarded
the loaa in 7uly and the construction could occur in August.
The City's portion of the costs although not budgeted for, would be covered out of the
infrashucture repair fund.
RECOI�IlVIENDATION:
This $10,650 forgivable loan is an opportunity that the City should not let pass and I
recommend that Council authorize staff to submit an application to the MCPS .
ACTION REOUIItED:
If Council concurs with the recommendation they should pass a motion adopting
Resolution No. 96-_, RESOLiJTION AUTHORIZING ENG�VEERING STAFF TO
SUBMIT AN APPLICATION FOR A METROPOLITAN COUNCIL �
ENVIRONMENTAL SERVICES LOAN FOR AN INFILTRATION/INFLOW
CONTROL PROJECT.
TCK: dfw
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r
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 96 -
RESOLUTION AUTHORIZING ENGINEERING STAFF TO 5UBMIT AN
APPLICATION FOR A METROPOLITAN COUNCIL ENVIROr�NTAL SERVICES
(MCES) LOAN FOR AN INF�TRATION/INFIAW CONTROL PROJECT
WHEREAS, the Metropolitan Council Environmental Services (MCES) has requested
the City to apply for a matching loan to undertake a project to reduce infiltration/inflow in the
City's sanitary sewer system; and
WHEREAS, the reduction of said infiltration/inflow would benefit both the City of
Mendota. Heights and the Metropolitan Council Environmental Services.
NOW THEREFORE, IT IS HEREBy RF,SOLVED by the City Council of the City
of Mendota Heights, Minnesota as follows:
1. That the Public Works Director and E�gineering staff prepare and submit aa
application for a matching loan of up to $10, 650 from the Metropolitan Council
Environmental Services for aa infiltration/inflow reduction project.
Adopted by the City Council of the City of Mendota Heights this 21st of May 1996.
ATTPST:
Kathleen M. Swanson, Ciry Clerk
CITY COUNCII.
CITY OF MENDOTA HIIGHTS
By
Charles E. Mertensotto, Mayor
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CITY OF MENDOTA HEIGHTS
'� • �
May 17, 1996
To: Mayor and City Council
Fram: Kevin Batchelder, Interim City n��aus�t�r ar
Subject: Selection of P]a�r�ir�g Consuitant
On March 13, 1996 and April 30, 1996, the City Council, along with Planrung
Commissioners Larberbaum and Betlej, considered the merits of consulting planners who have
submitted proposals #o the City of Mendota Heights for the purpase of providing planning
services. Following the Apri130, 1996 meeting, the Council directed staffta conduct background
checks an twa af the planning consultant finalists and place this item on the May 21 st agenda.
, Staff has conducted the background and reference checks and has found that both finalists
come ;highly recommended by other cities familiaz with their work. A straw poll had been
conducted on April 30, i99b amongst Council, Commissianers and staffthat had shown a 5-5
split on preferred candidates, however, there was some level of consensus that each candidate
would perform weli for Mendota Heights, despite their diff'erent styles.
Mayor Mertensatto has asked me to inform the Cauncil that he believes it is imperative
that Council's selection of a consultant be unanimous. Mayor Mertensotto is therefare
recommending that the Council chaose Ms. Meg McMonigal, ofMcCombs, Frank, Roos
Associated Consultants, Inc. to provide plannung service to the City of Mendota. Heights for the
retainer amaunt of $1,300 per month. (Please see attached proposai.)
Ms. McMonigal's references ail spoke very highly of her competence and professionalism
in land use planning and her ability to serve the Planning Commission and City Council. In
addition, these re£erence checks indicated an overall 1eve1 af satisfaction with her firm. Her
proposal includes the use of Theresa Cneenfield as a backup glanner and the Mayar is
recommending that both planners be included in the initial orientation process to become familiar
with Mendota. Heights. r
�arv.�� , Sk,,t(ww�e.rr- lowwst�.•r � ��Cte Uc�,i{,s-�(
ACTIQN REQUIltED �o,rk� �{ c. ( �
If the Council concurs with the Mayor's recar�unendatian, they should pass a motion
selecting Ms. Meg McMonigal, of McCombs, Frank, Roos Associated Consultants for the
monthly retainer amaunt of $1,300 per month with Theresa Greenfieid provzding backup planning
services and authorize staff ta negotiate a two year contract for planning services beginning on
J'une l, I996.
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Professional Planning
Services
for the
�✓l o .l��lendota J���ex hts .
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�� February 23,1996 �
McCombs Frank Roos Associates,Inc.
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McCombs Frank Roos Associates, lnc.
15080 23rd Avenue North, Ptymouth, Minnesota 55447-4739
February 23, 1996
Mr. Kevin Batchelder
Interim City Adrninistrator
City of Mendc�ta Heights
1101 Victoria Curve
Mendota Heights, ��innesota SSI 18
SUBJECT. Request for Municipai Pla�nning Services
MFRA #9999
Dear Mr. Batchelder:
�
Telephone �ngineers
612/476-6010 Pianners
612l476-8532 FAX 5urveyors
McCo.mbs Frank Raos Associates (IVg'RA) is pleased to submit this propasal for Municipal Planning
Services �for the City of Mendota Heights. We appareciate this opportunity to introduce our firm to yau
and would very much like to serve as your planner. .. �
<-= MFRA is a multi-disciglined firm tha.t provides professional planning and engineering services to a
�. M variety of clients. In providing municipal plaruiing services to the Gity of Mendota Heights, we offer the
fQllowing staff•.
.� T,,,.�ari Plann�r - Meg J. McManig�', ten years exgerience as a s�taff Gity Planner in
Northfield and Apple Valley, a Master's Degree in Urban and Regional Planning,
'�� Certified by the Americau In�stiiute of Certified Flauners, Professiouat Develapment
�� � Officer of the Minnesota Chapter of the .American Planning Assaciation.
. ��ort Planner - Theresa A,�p,�,_lr_�,�g,!', three years e�cperience as the Vadnais Heights
� City Planner, Comprehensive Pla�ruung for #he City of Carver, a Master's Degree in
. Urban and R.egional Studies firom Mankato State University.
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Princi an_, 1- Je, f� Roos, twenty-five years experience in municipal consulting services.
Currentiy serves as plannerJengineer for the City of North (3aks and as city engineer in St
Michael, S� Faul Park, Mound and Excelsior.
`� As you will see in our propasal, we are able to provide the city with experiencecl, qualified and cost-
x�
,; effecti�e consultang services. We invite you to consider the following key distinctions for selecting
:,
MFRA as yo�r planning consultant:
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An Equai C}ppartunity Emptoyer
� Mr. Kevin Batchelder
2/23/96
`� Page 2
�X E NCE
Our pianners aze experienced in alI aspects of land use pianrung and deveiapmen# including:
zoning, subdivisions, site plan review, variances, conditional use permits, comprehensive plans;
pia:nned unit develapments, tand use studies, writing zaning, sign and subdivision ordinances,
development agreements and enforcing zoning and sign codes.
�OWLEDGE
Famiiiarity with Dakota County Conamuaities and Prajects. Meg has worked in Apple Valley
�� prior to this and has an understanding of the County's role, programs and invalvement with the
cornmunities and prajects including: dual-track a,irport planning, �adS, County Transportation and
Capital Improvements Planning.
CQR+�MIT'�?EZIT ,��p V,,�, AZLABi'LITY
. We have a strang commitment to.the public planr�ing process. We aze able ta provide tharough,
clearly written reports in a timely manner. We are availabie to your community at most any time
�` t and can rneet tight schedules, deadlines and meetings as necessary.
PROFESSIONALISM
�4Te are able to wark with the city and the citizens to achieve city's gaal.s and objectives. We are
euperienced in working with Dakota County, Metropalitan Council and State agencies. We are
involved in several prafessianal organizations which provide us with a weaith of infarmation and
prafessianal calleagues as resources.
We believe we have the qualifications to serve as the Mendota Heights City Planner and would lilce the
appornxnity to personally present aur qual�catians and staff. If yau have any questions or need
additaonal information, please contact us at 4'76-6010.
Kindest regazds,
McC4MBS FRANK ROOS AS54CIATES, INC.
�� `�
M J. McMonigal, Senior Fla,nner
Je y Raos, P.E. _
MJM jb
Enclasure
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I. Understanding of Services
Il. McCombs Frank Roos Associates (MFRA)
A. Firm Background and Principals
B. Professional Urban Planners
' 1. Experience and Qual �cations
, 2. Professional Ethics
� 3. References
Ill. Compensation
A. Monthly Retainer
B. Rate Schedule
C. Exhibit "C" from RFP
Appendix A Samples of Reports
Appendix B Resumes
1
1
1
5
6
9
9
10
10
10
10
Professional Planning Services
City of Mendota Heights
Page 1
I. UNDERSTANDING OF SERYICES
As outlined in your Request For Proposals, the retainer for planning service ' S: o
hours one afternoon per week, attendance at Planning Commission meetin s each third Thursday
of the month, planning reports on applications provided one week pn g
Commission meeting, and phone liaison to City Council, Planning Comnussioners, staff
residents and others.
k=> From the RFP and discussions with the City Staff, it is our understanding thax the majority of the
�� planning cases aze land use related. These include: site plan review, variances, wetland permits,
conditional use permits, rezonings, Comprehensive Plan amendments, PUD's, zoning text
� amendments and critical azea reviews. We aze experienced in all facets of land use planning and
. are qualified to work with you on any issues that arise.
In addition to the land use applications, the City of Mendota Heights may have a need for long
� range planning or special studies from time to time, such as a housing action plan, updating
' elements of the comprehensive plan, or aid with Capital Improvements Plans. We have expertise
in completing such studies and reports. We have worked in all of the major topical areas related
� to planning: environmental, transportation, pazks, housing, public policy development,
. ordinances, fiscaUeconomic and design.
� Planning often requires working with boards and commissions, citizen groups or conducting
neighborhood meetings. We have worked with many groups and aze able to lead groups,
., promote discussion, provide insight and advance action on issues.
T' We also have good working relationships the Metropolitan Council, Dakota County, State
. agencies, and are capable of functioning as a liaison between the city and those agencies as
needed.
II. McCOMBS FRANK ROOS ASSOCIATES (MFRA)
11 i I � /_ f I I 1 I � 1 / I
� McCombs Frank Roos Associates (1V�RA) is located in Plymouth, Minnesota. MFRA
.. was founded in 1965 with beginnings as a municipal engineering firm. The name of the
fum was changed from McCombs Knutson and Associates to McCombs Frank Roos
Associates, Inc. in 1988.
MFRA now provides planning, engineering, surveying and environmental services to
.�
federal, state, county and local government agencies and a select group of private clients.
��
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�.
Professional Planning Services
City of Mendota Heights
Pa�e 2
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The work mix gives our professionals the opportunity to concentrate or specialize in
individual areas of interest and gain experience in all facets of their chosen discipline.
Size of Firm and Discip[ines
MFRA has one central office and is a small to mid-size consulting firm with 45
full-time employees and 10 part-time or seasonal employees. Our part-time
employees include 2 professionals who have retired, but still work a reduced
number of hours, and 3 professionals who ha.ve requested a reduced work
schedule to meet family needs. MFRA stresses the development of human
resources within the compaay and maintains Human Rights Certification by the
State of Minnesota.
� The following table shows the professional qualifications, and special
certifications of our employees:
' .' " Discipline
� Registered Engineers
Registered Surveyors
Planners
Landscape Architects
Certified Soil Scientist
Environmental Scientist/Engineers
Wastewater Treatment Plant Operators
Divisions
Number
10
2
2
1
1
2
2
MFRA has four (4) operating areas or divisions: Government Services, Private
Services, Environmental Services and Surveying Services. In each area, we have
sought out and retained competent professionals and support personnel. Our
philosophy has been to only hire personnel in disciplines for which we have a
high demand. In that way, each professional maintains their expertise and up-to-
date knowledge of regulations and technological advances. In disciplines that aze
needed on an occasional basis, i.e., materials testing, electrical engineeri.ng, we
have developed working relationships with quality specialty firms.
Government Services. This group provides general planning and
engineering services to several government agencies, with the primary
clientele being smaller municipalities. Our services include being the
municipal planner and/or engineer, completing Comprehensive or
specialized land use plans, updating ordinances, and completing water,
£��
Professional Planning Services
Ciry of Mendota Heights
Page 3
sewer and storm sewer plans and other special engineering projects. The
blend of roles in a variety of communities has given MFRA professionals
the benefit of a broad comprehension of the legal, social, technical and
political understanding of projects and issues in the communities we work
in.
Our professional planners have functioned as the City Planner or
completed plans and projects for the cities of Anoka, Apple Valley,
Carver, Champlin, Columbia Heights, Fridley, Hassan Township,
Northfield, North Oaks, Rogers, Savage Stillwater Township, Vadnais
Heights, and Woodbury. We have broad planning experience and intend
to expand our planning services over the next several years.
• Environmental Services. This group includes a wide range of
disciplines, all involved with the intricate and sensitive issues of
� environmental engineering � for governmental, private, commercial and
� � industrial clientele. The professional disciplines include water resource
= � specialists, a certified soil scientist (wetlands expert), environmental
. engineers, environmental scientists, water/wastewater treatrnent engineers
and a certified treatment plant operator. We have on-going contracts for
water/wastewater treatment plants, watershed districts, and specific
� . contracts:�or a variety of large and small environmental projects.
Private Services. Tlus group is comprised of a separate group of project
engineers and planners that provide general civil engineering services to
residential, commercial and industrial clientele. The company adheres to
strict policies regazding full disclosure and non-conflict of interest. On
many occasions, the contacts and knowledge of the private services groups
have been a valuable resource to the government agencies we service.
Surveying Services. This group pmvides registered land surveying and
construction staking services. The registered land surveying work
includes boundary surveys and certificates, lost corner restoration, final
plat documents, aerial control networks, topographical mapping, easement
preparation and acquisition, legal descriptions and boundary dispute
resolution.
_ ; Professionat Planning Services
. City af Mendota Heights
� " Page 4
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Gregary Frank is the president and chief executive officer of MFRA. He is a
Professional Civit Engineer and holds a Master's of Business Administration.
Mr. Franlc's project backgraund includes services to both public and private
sector clients. Currently he manages MFRA's private services divisian,
providing comprehensive and detauiled planning, cost estimating and design of
iand develapment projects.
Jeffrey Roos is a Professional Civil Engineer and holds a Master's of Business
Administration. He is the principal municigal engineer at MFRA and manages
the governmental and environmental services divisions. He has an in-depth
knowledge of the legai and financzal impacts associated with public
improvements. He has been directly emplayed by two large metropalitan
communities as their City Engineer and now serves as a municipal engineering
cansultant to several MFRA clients.
Paul Johnson manages the surveying division and is also a princigal at MFRA.
He is a Registered Land Surveyor in Minnesota. Before coming to MFRA., he
was the Washington County Sarveyar. Mr. Johnson's 28 years of exgerience
in surveying gives MFRA an in-depth knawledge of all facets of land
surveying.
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Professional Planning Services
Ciry of Mendota Heights
Page 5
.
B. 1'rofessiona! Urban Planners
LEAD PLANNER - MEG J. McMONIGAL
Meg J. McMonigal is a City Planner with ten (10) years of experience. She has
been a staff planner for the cities of Apple Valley and Northfield.
Meg has a Master's degree in Ur�an and Regional Planning from the
University of Wisconsin at Madison. Her undergraduate degree is in
Geography, with an urban emphasis. Meg is enrolled in the Master's of
Business Administration program at the University of St. Thomas.
Meg's experience is broad, ranging from completing long range plans for parks
and transportation, to handling all aspects of land use, zoning and design
review, to developing population and fiscal projections. Meg has also
designed booklets to communicate the goals and policies of the
Comprehensive Plan and Zoning Ordinance to citizens.
Professionally, Meg is an active member of the Minnesota Chapter of the
American Planning Association, and is its Professional Development Officer.
She also is a member of the American Institute of Certified Planners (AICP),
Minnesota Association of Urban Management Assistants, Women's
Transportation Seminar, and the Urban Lane Institute.
PLANNER - THERESA A. GREENFIELD
Tlieresa Greenfield is one of MFRA's municipal planners. She has a Master's
Degree in Urban and Regional Studies and is a member of the American
Planning Association. She specializes in providing planning services to small
and rural communities, and is a skilled facilitator between private and public
stakeho(ders. She has prepared Comprehensive Plans, Specialized Land Use
Studies. Ordinances and in-depth site plan reviews. Ms. Greenfield is
knowledgeable of Federal, State and local regulatory processes and uses her
knowledge to advise communities on p.lanning issues affecting them today and
in the future.
�.
Professional Planning Services
Ciry of Mendota Heights
Page 6
1. Experience and Qualifications
This section outlines our experience in the municipalities we have worked for.
City of Apple Valley:
Land Use and Develogment Review
�Site Plan Review for several residential, commercial and industrial sites.
�� � Coordinated and wrote development agreements, adminisiered and
oversaw implementation of appmved site plans.
Processed numerous zoning applications and amendments to the code.
. Processed over 50 land use plan and zoning amendments to provide
consistency in the land use plan and zoning.
Projected traffic impacts of developmen�
� Reviewed and verified landscape plans for residential, commercial,
y . .
� industrial and institutional developments.
Ordinance Pre�aration
Worked with a citizen task force to rewrite the Sign Ordinance.
Created a"Zoning Workbook" for residents and developers.
Worked with City Attorneys to develop new ordinances and understand
the legal parameters of administering ordinances.
Updated Shoreland Zoning Ordinance.
Updated standards for parking and landscaping.
Lon� Range Planning
Developed Transportation Policy Plan that includes street and road
policies, a trail and sidewalk plan, a transit and an airport component.
Developed and wrote Parks & Recreation Plan.
Created a"Citizen's Guide to the Comprehensive Plan."
Coordinated preparation annual Capital Improvements Plan.
Staffing Committees
� Staffed the Parks & Recreation Advisory Committee. �
Served on Metropolitan Council's Regional Forecast Team.
Served on Metropolitan Airports Commission (MAC) Technical
Committee for Dua1-Track Airport Planning.
Board IVlember of Black Dog Watershed Management Organization.
Member of committee to develop Dakota County computerized
transportation model.
a
Professional Planning Services
Ciry of Mendota Heights
Page 7
Snecial Studies
Completed Development Fee Comparison Study of Three Dakota County
Cities.
Prepared land use, housing and population projections.
Projected park dedication funds.
Fiscal Impact Background Study. s
Created an Urban Surface Water Quality Program for lake area residents.
�� City of Northfield:
;.z
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Zoning and Development Review
Processed zoning amendments and variances, wrote reports and made
recommendations the Planning Commission, Zoning Board of Appeals
and City Council on all zoning matters before the city.
Zoning Administrator and Sign Administrator: answered daily questions
concerning zoning and signs, and enforced the zoning and sign ordinaaces.
Responsible for all Site Plan Review (approximately 25 projects in two
years) through Design Adviso 'ry Board.
Updated Site Plan, Zoning and Sign Ordinances.
Administered Shoreland, Floodplain and Wild & Scenic River Ordinances.
Reviewed grading plans with City Engineer to implement surface water
pmtection.
Projected tra�c impacts of development.
Reviewed and verified landscape plans on new developments.
Long Range Plannin�
Developed Park Development Plan and policies.
Drafted Transportation Policy Plan.
Participated in development and review of Surface Water Management
Plan by Barr Engineering and Comprehensive Sanitary Sewer Plan by
MSA.
Participated in Strategic Plan for Economic Development
� Park Plann�n�
- Worked with Pazk Board to develop a 10-yeaz Pazk Development Plan.
Worked with neighborhood groups on developing and implementing pazk
plans.
Coordinated the redevelopment of Washington Park.
Professional Planning Services
Ciry of Mendota Heights
Page 8
�scellaneous
Member. of Transporta.tion Safety Committee: made recommendations on
traffic issues to the City Council.
Coordinated Background Report on Affordable Housing.
Supervised Planning Interns.
City of Vadnais Heighis:
Served as City Planner for three (3) years - reviewed all site plan, zoning
.� and Iand use plan amendment applications.
t.:
Updated Landscape Ordinance.
Processed zoning code text amendments.
, Reviewed landscape plans and made recommendations on sites.
' ' Updated landscape ordinance.
� � Developed Comprehensive Parks Plan.
� Designed Bear Park Master Plan.
Experience in Other Communifies:
Stillwater Township - Current Planner and Zoning Administrator.
Advise on planning issues and process all zoning and subdivision requests.
City of Rogers - Completing Comprehensive Plan Update.
Hassan Township - Comprehensive Plan and Density Calculations.
City of Carver - Completed Major Update of Comprehensive Plan.
Columbia Heights - Design Guidelines for Sheffield Neighborhood
redevelopment.
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2. Professional Ethics
Professional Planning Services
Ciry of Mendota Heights
Page 9
- MFRA's professional integrity is based on sound adherence to the codes of values
adopted by the societies of planners, engineers, architects, surveyors and
landscape arclutects. Our 30 years of experience and knowledge in planning and
� design has produced long lasting client relationships based on trust, confidence,
' reliability and competency. MFR.A encourages professional development, and
participation in professional associations to track industry trends and to keep
�� abreast of current planning and development issues and concepis.
�,�
Our planners are members of the Americaa Planning Association (APA) and Meg
is a member of the American Institute of Certified Planners (AICP). These
. , professional associations have a Cade of Ethics and Professional Conduct that
, defines a planner's responsibilities to the public, clients, employers, the
profession, colleagues and oneself. Our planners abide by and promote this code.
�
Meg is the Professional Development Officer for the Minnesota Chapter of APA.
As such, she has the responsibility of working towards advancing the professional
practice and development of planners. This is accomplished through pmfessional
development programs, professional certifications and mentoring.
Our firm does not currently conduct any work in Mendota Heights and generally
does not conduct work for private and public clients within the same municipality.
Should a conflict or perceived conflict of interest arise, our planners and any other
MFRA staff working for Mendota Heights will disclose the information and work
with the city to find an alternate way of reviewing a project or plan.
3. References
Dan Rogness, Communifiy Development Director, City of Rosemount,
322-2020
Dennis Welsch, Community Development Director, City of Roseville,
� 490-2232
Richard Kelley, Community Development Director, City of Apple Valley, 953-
2576
Frank Blundetto, Apple Valley Planning Commissioner, 687-0579
Mark Grimes, Planning Director, City of Golden Valley, 593-8097
"�•
Ili. COMPENSATION
A. Monthly Retainer
Professional Planning Services
City of Mendota Heights
Page 10
Retainer Services
� As outlined in your Request For Pmposals, the retainer for planning services will include:
. - Office hours one afternoon per week, up to 28 tunes per year
- Planning Commission meetings each third Thursday of the month
� - Planning reports on applications provided one week prior to the Planning Commission
?� meeting
- Phone liaison - answer all calls from City Council, Planning Commissioners, staff
residents and others as requested.
For the items outlined, we propose a monthly retainer of $1,300.00. This is based on an
average of 20 hours per month by our lead planner.
�d
�� As �part of our retainer service, we belong to several professional organizations that keep
us informed on current planning concepts, laws, design and methods. We belong to:
American Planning Assaciation, Sensible Land Use Coalition, Urban Land Institute,
Minnesota Association of urban Management Assistants and Women's Transportation
Seminaz. We receive publications, attend seminars and aze able to keep the City
informed on changes in state laws, new programs and metropolitan planning issues.
� B. Rate Schedule
Additional requested services and additional reports will be provided on a cost plus-
materials basis. Our hourly rate schedule is as follows:
� Principal $75.00
, Lead Planner $65.00
Planner $58.00
' Registered Landscape Architect $65.00
. Wetlands Specialist $58.00
CADD Operator $48.00
� Word Processor $38.00
��
NIFRA does not chazge for mileage, mailing, fax and only chazges for copies and prints
above and beyond a standard amoun�
C. Exhibit "C"from RFP (Attached)
�
EXH! B!T C
� CITY C!� tVIENDOTA NEIGHTS
PROPO�AL FQR MUNlClPA� l.AND U5E Pl,ANNlNG SERVtCES
• � .��. ... :.. � . - �
Address 1505Q-23rd Avenue Narth
Ply�nouth. Minnesc,�a 5 4a7
;f
Contact Person Meg J. McMoniQal.
� � Phone Number (612) 476-6010
�. .
�:
Fax Number (612) 476-8532
�i � .
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4: I have futty read and understa�d the request for proposals issued Eiy the City
'� of Mendata Heights for rnunicipal land use planning senrices and hereby propose
i:
to provide such services to xhe City from May 'i , 1996 to May 1, 1998 at a
�� monthly retainer cost af $ 1, 3 0 0. Q 0 .�! further understand direct related
��, sxpenses are eiigibte for reimbursement by the City, and I have attached an
itemized listing of anticipated expenses stating the per unit cast af each. ! have
'' atso attached a tist of each member of the fi�m and their billing rates.
�:
t.�� f
Furthermore, I have attached a copy of all iterns specifically enumerated in
�� Sect.ion V. of the RFP - lnstructioris to Applican#s.
c� �
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Submitted foc co�siderafian by the City Council of the City of Mendota
r Heights this 23rd day ofFebruaxy1996. .
i_: n
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� A Signature
� Titte Principal
Note: This praposal and required attachments must be received by the City of
Mendota Heights no tater than 12:00 noon on Friday, February 23, 1996.
Seven ('7? copies of the proposat should be sent or delivered xo: Kevin
Batchelder, tnterim City Administratar, City of Mendota Heights, 1101
-� Victoria Curve, Mendota Heights, MN 55118.
�
1VIc�'omb,s Frank Roos Assoeiates, I�te.
�;� � .IeffYey .T. Roos, P..E.
� Pc�rtner of McCanibs Frrrnk 1Zoos Associntes, In�
Prafessionat Engineer `
Education
Bacheior af Civit Engineenng, University of Iv�innesota
Master ofBusiness Adrninistratioq College of St. Thomas
Advanced Study, Department of Engineering, University of Wisconsin
� Project Experience
> Erc ',g�neer
�� Principal representative on projectsinBrooklyn Park, Blaine, E1kRiver, St. PaulPaark, LangLake,
North Qaks, Lakeviile, Chanhassen, Inver Cnave Heights, Woadbury, Excetsiar, Anoka County
. and Llakota County.
Project Manager on major highway projects, including T.H. SOn-35 Interchange Lnpravements,
T.H. 23 Reconstnzction through downtawn Waseca, �noka. County H'ighway I 22 constructian
�;,5j and T.H. SO/County Road 64 Improvements in the City of Lakeville.
Project Manager on majorstudies includingtheNorthwest Area Studyforthe Metropolitan Waste
Control Con:unissian; Comprehensive StarmDrainagePlanforBraaklynPark; MetropolitanEast
Interceptor Tunnel Design; Comprehensive Utility Plans for Blaine and Elk River, and the
1VTinnesata Meadows EIS. � �
Assisted #he Cities of Etk River and Blaine in the preparation of Capital Improvement Prograrns
and acquiring of Star City designations. .
Supervised the investigation, development, design and construction of several millian dollars of
public impravements.
Supervised as technical liaisan to various city commissions, other City departments and govern-
ment agencies,
Design Engineer on major solid waste disposai sites in the Twin Cities Metropoliian Area.
Transpartation and Access Committee Chairpers�n - Brookiyn Park Futuring Program "Taward
' the Year 2010"
3� -
Technical Advisor - Joint AGC and CEAM Cammittee on Standard Specifications for Municipal
Construction.
Judge at MSPE's Annaal "IVlath �ounts" competition for area schools.
��
Mc�'ombs Frank Roos Associates, Inc.
� Meg J, Mclkfor�igal, AXCP
Senior Planner
Education
Master of Science, Urban and Regional Planning, University of Wisconsin Madison, Ma.y 1985
Bacheior of Arts, Geography, University of Wisconsin Madison, May I992
Master of Business Administration, University af St. Thomas, In Pragress
�3 .Fx�erience
:�
1995 Present, Senior Flaruzer, McCombs Frcmk Roos Associates, Inc.
1993-1995, City Planner, City o,�'Northfiel� Minnesota
` ♦ Park Development Pian, Transportation Palicy Plan and Land Use Plan; Sanitary Sewer
�e and Surface Water Master plans.
♦ Staffed Planning Commissian, Design Advisory Board, Pazks Board, and Zoning Boazd
of Appeais. Wrote staff reparts, prepared agendas and nunutes, presented recommenda
tions and implemented decisions. Presented projects and recommendations to the City
Cauncii.
♦ Reviewed all commercial, industrial, and residential development grojects; Zoning and
Sign Administrator: interpreted and updated zoning, site plan and sign o;dinances;
processed requests, wrate reports and presented r�ammendations.
♦ Coardinated City Staffin review and implementation af development proj ects and various
municipal issues. Supervised planning interns on rnapping, housing, transportation and
ather research and special prajects.
I98f-1993, Assaciate Ptanner, City of Apple Yalley, Minnesota
♦ Updated Transportation Paiicy Plan, Parks and Recreation Plan, partions of Land Use
Plan; grepared arinual Capital Improvements Plan.
♦ Analyzed cammerical and residential development site requests, including site pians,
rezoning, subdivisions and variances. Updated ordinances as needed.
♦ Staffed the Parks and Recreatian and Urban Affairs Citizen Advisory Committees.
I?eveloped grojections for pdpuiation and pazk dedication funds,
ti�Ieg �T: McMonigal, A.I�P �
Page Two
�; ♦ - Created a"Citizens Guide to the Camprehensive Pian" and a"Zoning Workbook" to
�� explain and cammunicate the goals and policies afthe Comprehensive Plan and the zoning
ordinance ta ci�y residents.
. . Professior�at Activities
f� American Institute of Certified Planners (A,�CP)
�� American Planning Association, MnAPA Professional Development Qfficer
�. .
Ivfinnesota Association of Urban Management Assistants (MAUMA)
: . Women's Transportatian Seminaz {iNTS}
��x
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3
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McCombs Frank Roos Associa%s, Inc.
��
' Theresa A. Greenfield
� Planner
�
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Education !
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1992, Master of Arts, Urban and Regional Status, ,
Mankato State University, Mankato, Mlcinesota
1987, Bachelor of Science, Home Economics,
Mankato State University, Mankato, M'innesota
,..
Experience
;_ 1992 Present McCombs Frank Roos Associates, Inc.
1991-1992 James R�I-iill, Inc.
'� 1989 Fan'bault Couaty - Planning Internship
�
Professional A�liations
• M'innesota Chapter of American Planning Association
. Sensi�le Land Use Coalition
Project �xperience
Comprehensive Planning:
� Cities of Woodburu Yadrtais Heights Carver. Stillwater Tawnship -
♦ Prepared major and minor Comprehensive Plan Amendments.
Cit�of Carver:
♦ Prepared a complete Comprehensive Plan Updated to be submitted December, 1995.
City of Rogers:
♦ FacilitatedMajorComprehensivePlanAmendmentreviewwiththeMetropolitanCouncil
� Citv of North Oaks:
" ♦ Prepared complete Comprehensive Plan Update reviewed by Metropolitan Council in .
1994
�
, • , �
Therescz A. Green�elrt
Page Two
���
� ' Hassan Townshib:
,—____._
♦ Prepared dens'rty calcutations and population farecasts for rurai service area
" ' Cit�af Tr'udnrrrs Heights:
♦ Prepared parks need analysis and Camprehensive Park Plan
Local Plannin�:
Yadnais H'eights - Ptanner, om �993 - Pre,sent
♦ Attend and pravide professionat assistance at City Council and Planning Commission
., meetings. Pravide Site Plan review of all zoning applications,
,� .
StilXwater ?'awrrship - Plantrer om 1994 - eser�t
. ♦. Attend Ptanning Cammission meetings and provide zaning application review.
Citv ofNorth Oaks - -
+ Provide agplication review and pIaz�ning assistance.
n
�
�'itv ofExcelsiar -
♦ Provide professional planning assistance and application review.
� it o Anoka -
C �v, f ,
t Pravided professionai glaanning assistance and applicadan review,
_Cit� o fHanover -
♦- Participated in joint City CounciUPlanning Comrnission long-range visioning process.
Land Use Studies:
Cit� o Anoka -
♦ Member af design team. Prepazation of±3�00 acre industrial park Ivfaster Plan.
�it�o�Y,adnais Hei�;hts -
♦ Pregared 1995 Vadnais Center Plan Update involving the land use designation af the four
quadrants at the intersecting I-35 and County Road E.
�itv of Woodbury�
♦ Member of design team. Pregaration of ±3 54 acre Marksgr�flPowers Lake area Master
Pla.n.
�
Theresa A. Greettfreld
Page Three
Zoning Ordinamces:
♦ Vadnais Hei�t►ts - provide on-going zoning ordinance amenclments.
IL � '• J
Environmental Assessment Worksheets:
♦ Vadnais Heights - pregared EAW for 264,OQ0 square faot retaiUservice development at
' intersection of I-35 and County Road E.
�
Eapert Witness:
�{� ♦ Vadnais Heights - provided exhibits and testunony regarding assessment appeals.
m
m
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
As�halt Contractor License
Lino Lakes Blacktop, Inc.
Northwest Asphalt, Inc.
Excavatiag Coatractor License
Belair Builders
St. Paul Utilities Inc.
Tschida Excavating, Inc.
Gas Pi�ing Contractor License
General Sheet Metal Corp.
aVAC Coatractor Licease
General Sheet Metal Corp.
Matthew Daniels, Inc.
General Contractor License
Grimm Roofing
Helton's Handyman Service
Kremer & Davis Inc.
Northstar Heating & Air
Peck Construction Inc.
Sheltertech Corp.
Zeman Construction Co.
Drvwall/Stucco Contractor License
Affiliated Drywall Inc.
Mel Koppen Stucco Inc.
Tree Service/Landsca�e Coatractor Licease
Green Acres Nurseries
Rainbow Tree Co. Inc.
May 21� 1996
TO: Mayor and C{ty CounciZ
' CL7lSl�LS LIST S�lMNaRYs
2otit2 Claims
Stgnificant Claims
MCWS . sac rhgs
• Tracy Fuel gas
,. . .
UnusuaZ CZ,atms
Ca¢nm:nicatians Audit pager
NorwesC eq cert
Umpire Assn u�,p3ee fees
46�266.35
7,278
4,312
3,Z61
5,&95
4,370
' 17 May 1996 . ~ �i�/ 9� Claims List P�ge 1 '
Fri 10:56 AM `~ City af Mendata Heights '
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May 15, 1996
TO: Mayor, City Council and City Ad��tor
FROM: 7ames E. Danielsa . _
Public Works D' t r
SUBJECT: St. Thomas Academy Environmental Studies
Class Presentation
DISCUSSION:
�
Over the past few yeais Council has been granting pex�mission for the St. Thamas
Academy Envimnmental Studies Class to use a motorized pontoon baat an Rogers Lake for the
pr�pose of obtaining samples to analyze the quality of the lake. The class does this analysis at
several area Iakes and as part� of their class requirement, presents the resuits of their studies to
the gavern�iaug �entities af the variaus lakes. This year Andy Beaham and �ohn O'Hara, students
of Mr. 7oe Reymann, have requested to apgear before Council to update the City on the resu2ts
of this year's studies.
ACTION RF;QUIltED:
Allow students Andy Beaham and 7ohn O'Hara time to make a presentation on the
results af the Ragers Lake studies.
`
CTTY OF MENDOTA HIIGHT5
►�1�I►� •
---,.
May 15, 1996
TO: Mayor, City Council aad C�u� ' trator
FROM: Kathleen M. Swanson, City Clerk��s
SUBJECT: Liquor License Renewal
I►I •:u_ Y•►
The Marriott Courtyard Hotel has applied for renewal of its On-Sale Limited Service
Hotel and On-5ale Sunday Liquor Licenses which will expire on June 30th. A hearing on the
issuance of a renewal license, required by the city's liquor ordinance, has been scheduled for
T�esday evening. •
� • •.
The applicant has submitted all application materials, including insurance, bond forms,
- and a statement of liquor to food sales ratio for 1995, as is required by ordinance. Police
Chief Delmont and I have reviewed the application contents and find everything to be in order.
The Marriott Corporation and 1oca1 staff have been excellent to deal with over the
years. We have not received any complaints with respect to the liquor license, nor have there
been any license violations.
; ' • ulul' ►I� � Y • ►
I recommend approval of the renewal of the Marriott liquor licenses, subject to any
public comments received at the public hearing.
� Y•► :'• 11:'�
Council should conduct the public hearing and, if it concurs in the recommendation,
should pass a motion approving the renewal of On-Sale Limited Service Hotel and Motel and
Special Sunday On-Sale Liquor Licenses for the Courtyard by Marriott Hotel.
CITY OF MENDOTA HIIGHTS
lul:�u ��
May 15, 1996
TO: Mayor, City Council aad City Administrator
FROM: Kathleen M. Swanson, City Clerk �''�S
SUB7ECT: Club Liquor License Renewals
1.1 •:u: Y•.
Applications for Club Liquor License renewals have been submitted by both 5omerset
Country Club and Mendakota Country Club. The current licenses for both clubs will expire
on June 30th. Hearings on the issuance of renewal licenses, required by the city's liquor
ordinances, have tieen scheduled foF liiesday evening.
� •.
All of the license requirements have been met by both clubs. There have been no
liquor violations by either club, and both, as always, have beea excellent to deal with on liquor
licensing and operations. Police Chief Delmont and I have reviewed the application contents
and find everything to be in order.
: '. � ►�Iul:�►1� : Y • ►
I recommend approval of the renewal of Club On-Sale Liquor Licenses for Somerset
Country Club and Mendakota Country Club, subject of course to any public comments
received at the public hearing.
Y•► :'� ll:'�
Council should conduct separate public hearings on the renewal applications, and, if it
concurs with the recommendation, should pass motions approving the renewal of Club On-Sale
Liquor Licenses for 5omerset Country Club and Mendakota Country Club.
CITY OF MENDOTA HIIGHTS
►� 1:� r(�7
May 15, 1996
TO: Mayor, City Council and City Administrator
FROM: Kathleen M. Swanson, City C1erk�MS
SUBJECT: Liquor License Renewal
1►I •;u: Y•►
Mendota Liquor has applied for renewal of its Off-Sale Liquor License wluch expires
on June 30th. A hearing on the issuance of a renewal license, required by the city's liquor
ordinance, has been scheduled for Z�esday evening.
� • •►
The applicant has subinitted all application materials, including insurance and bond
� forms. Police Chief Delmont and I have reviewed the application contents and find everything
-' � to be in order. Mr. Patrick Soen, owner/operator of Mendota Liquor, has been very
caoperative in the submission of materials.
: '. � ulul' ►I� � Y • �
I recommend approval of the renewal for Mendota Liquor Off-Sale Liquor license,
subject to any public comments received at the public heari.ng.
Y•. :'• ll:'�
Council should conduct the public hearing and, if it concurs in the recommendation,
should pass a motion approving the renewal of Off-Sale Liquor License for Mendota. Liquor.
CITY OF MENDOTA HEIGHTS
_ MEMt?
May 14,199fi
TO: Ma.yor, City Council and In#erim City Administrator
FROM: Paul R. Berg, Code Enforcement Officer U`��
SUBJECT: �CAO N0. 96-01: Helton/Fleming (1902 Glen Hill Road) -
Modified Site Plan Approval ' .
1NTRUDU�TlON � � : y _ � - �
Mr. Arvell Lee Helton has been hired by the Flemings to construct an
`� attached 14' by 16' screen porch to the north side (back) of the existing structure
at Lofi 4. Block 1, va!!ey View Qak Subdivision (1902 Glen Hill Road).
- . , - � .
.p�SCUss,� • - � �� �
+ The Fleming's home falls within the guidetines of the Crifiical Area _4rdinance
and will require City Council review and approval of a Modified Site Plan. The
"� original home was constructed after City Council approval of a Ntodified Site P1an
- at the regularly scheduled City Council meeting held on September 2, 1986. (See
attached copy of Consent Calendar minutes - item e}. �• �
Since that City Councit approval, nothing has changed on the property to
make it necessary for any action other than fihe Modified 5ite Plan review and
approval for the proposed 14' by 'E C' screen porch addition. .
.. The parch will m�et all required setbacks as required by the Zoning �.��
Ordinance. (See attached survey). � -
r . _
RECOMMENDATION � ' �r "�
I recommend that the City Counci! approve the Modified Site Plan and waive
the Criticai Area Ordinance appiication fee as it has dane in the past upon staff
recommendation. � � � -
,
tf City Council wishes to implement the above recommendation, a motion
should be passed approving the Modified Critical Area Site Plan request which
, woutd allow the construction ot a 14` by 1 C' screen porch addition, atang with
, i
waiver the Critical Area�Application Ordinance fee.
..: .
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Case No. CAO G�Q- O�
CITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
APPLICATION FOR CONSIDERATION �
OF
CRITICAL AREA DEVELOPMENT (Ordinance N0. 4.03) ;.
Date of Application J`�- �'`-�'- �f lp
Fee Paid j��•C7C.�
Receipt Number
Applicant : / - / D ,�
Name : fd �'V e �i
Last Firs� � ( it 1 �
Address : "{' (�,�,
Number & Street . City State Zip Code
Phone : ��� "' �a � L% � �' �
' Home Work
Owner : � / .
Name: L� ( . . ..... .. ......... .
' LSSt irst " Tnitial
Address : ��(� � �
� Number & Street
Street Location of Propertq in Ques
�r . ��.►c
Legal Description of Property:
Type of Request:
�
��
City
tate Zip Code
Var iance
Site Plan Approval
� Modified Site Plan Approval
8
. � � '
Present Zoning af Property:
Present Use af Property:
Proposed Use of Property.
2 hereby declare�that all statements made in th' squest and o the d' ional
m�.terial are true.
i
Signature "plicant
��t� `�' �1 � + `�-�` .
Received by (ti�le)
Nate: The foliowing infarmation shall he provided in the site plan:
.l. Lo�atian af the property, i.nc2uding sueh.infornxation as the name
and numbe.rs af adjoining raads, rai],roads, existing subdivisions,
or other lanclmarks,
+� 2. The name and address of the owner{s) or deveZoperts}, the seetion,
• township, range, north point, date, and scale of drawings, and
number of sheets. �
. ... . �
3. Exis�inq topography as indicated on a contour map having a contaur
interuai no greater than tw�a {2} feet per contaur; the cantour map •
shall alsa clearly.deli.neate any bluff line, all streams, incTnding
intermittent streams and swales, rivers, water bodies, and wetlands
located on the site. ,
- 4. A plan delineating the existing drainage of the water setting farth
• in which direction the volume, and at what ra�e the starm water i.s
conveyed from the site i.n setting forth those areas an the site where
. storm water collects and is gradually percola�ed into the ground or
slawly reieased to stream or la1�e.
5. A description af the soils o� the site including a map indicating soil
types by areas to be disturbed as well as a s.ail report con�.aining
informa'ta.on on the suitability of tYie soils far the type of development
propased and �ar the type of sevrage dispasal proposed and describing
any remedial steps to be taken by the developer to render the soils
suitable.. A11 areas pzoposed far gra8ing shall be iden�ified by
soil type, bo�h as to soil �.ype of e�cisting top soil and soil type
of #;he new contour. The ].ocation and �tent ot any erosion areas
shall be included a.n the soils description.
6. A description of the flora and fauna, which occupy the site or are
occasionally �ound thereon, setting �orth with detail those areas
where unique plant or animal species may be fou.nd on the si�e.
CIT� C3F MENDOTA HEIGHTS
��7
May I5, I946
T4: Mayor, City Council, and Interim ' dministratar
FROM: Patrzck C. Haliister, Ar�ministrative Intern �L��
: �+ ! ' '�i +_���* r t.s
Discussion
Indepe�dent Schaol District No. 197 has applied for a building permit to construct a new middle
school on the cpmer of Huber Drive and Mendota Heights Road. Staff' and City Planner Jahn
Ubaa have met several times with Todd Wichrnan and others af Armstrang, Torseth, Skold, and
Rydeen, izic., arclutectural finn for the new middle school to address snch things as grading,
landscaping, etc. The School District's abjective fram the bsginning has been to design a bui�ding
which canfoFms completely to the City's Zoning Ordinance. They feel that the building they ha.ve
designed has met that goal and thus :�oes not need any variances or Conditional Use Feimits. The
School District will, however, need a Tree Removai Pernut. (See Plan 4.} Because #here are no
planning issues per se, the application has skipped the Planning Commission and gone directly ta
#he Caunci�. {'The Scbooi i}istrict has decided to postpane the decision on the design af the
monument sign they would 1ike, and may also come ta the Council at a later date for a variance on
the height af a fence araiznd the basketball cc�urt.}
The School District has subzniited their pians to the State of l�Iinnesota Building eode Division for
verifica.tion of compliance tu the State Building Code. Meanwhile, Staff' is in the process af
reviewing the application for confaimance to the Zoning Cade, Wetiands re�uirements, Noise
Attenuation, Grading, Drainage, etc.
The Schaol District has attempted to design the site as to drain as rnuch surface water as possible
away from the residential arEa. located on the north af the si#e. Fully two-thirds of the storm water
drains to the narth of the site as it cunently exists, but a great majarity a£that drainage will be
diverted once the drainage plan is implemented.
Dr. Monson and several other officials and cansultants will be present at the May 21, 1996
Cauncil zneeting to present #he details of their plan and answer any questions about the new school.
Please see the attached materials perta.ining to this application.
Conncii Action Required
Discuss the Building Pernut applicarion from ISD 19'7 and vote on whether or not to authorize
Sta.ff to ,grant a Build%ng Pernut and Tree Removal Pexmit, contingent on �inal review for code
confarmance.
��r
Armstrong
Torseth
Sicold and
Rydeen
Inc.
May 10, 1996
Mr. Jim Danielson
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mr. Danielson:
We are pleased to submit the Friendly Hills Middle School project for
review and approval at the May 21 City Council Meeting. Please send us
an agenda for the meeting. ; We will have representatives from the School
District and ATSR at the meeting.
The attached site plan submission includes 10 set of full size sheets and
one set of reductions that you may photocopy, as requested at our meeting
on April 15. I am also enclosing a letter from the MN Department of
Health referencing the EMF potential at the site.
We are not asking for any variances or conditional uses for this project.
The latest grading plan reflects changes to the north property line area as
requested by Marc Mogan from your o�ce.
Please contact me if you have any questions or need anything else prior to
the May 21 Council Meeting.
Sincerely,
.: ,. .
r . ri -_�%•� ��-,� ,- - �-
- — --�
Todd R. Wichman, ASLA
Encl.
cc: Chris Gibbs, File
n
. '1 _ �`y
612 b�31 5102
Apr-22-96 01:19P IND SCH DIST #197
�
612 681 9102
MAR 2 2 i996
Minnesota Department of Health
121 East Seventh Place
P.O. Box 64975
St. Paul, MN 55164-0975 '
Maz�ch 14, 1996 Post-It'� brand fax transmittal memo 767t «or P.q.t ►
Mr. Thomas Smith -
625 Hampshire Drive
Mendota I3eights, Minnesota 55120
Dear Mr. Smith:
szs-3z��
�''/ - Z 3
��
P_O1
Your iei�er sbaring yaur concerns abaut electrc aad magnetic fields (�� and the sitena of a
new school ia Mendota Heights was foraarded to me by Commissioner Bnice Johnson from the
Minnesota Dcpartment of Childr�n, Families, and I.earning. I am the primary contact at the
Minnesota Department of Health (NID� who evaluates F.IvIl7 r�ssearch and responds to related
health concerns. . '
Ev;dence to date for an associatian between II��SF exposure and adverse health effects is weak.
The 1'etter from Ms. Axeness to you dated November 2, 1995, reviews the reasons for this
conclusion. The currern consensus in the United States scientific community is thai additional
research is needed before making any definitive causal connections about health effects from
ENiF exposures.
Yn your lea�r you cited recommendations from the National Councii on Radiatian Protection and
Mr.asurements (NCRP). Infoimation pmvid�d by NCRP indicates that they do not have any
recommendarions on EMF at this time (Attachment). 'Ihe diaft NCRP report whzch you mention
in your ldxer was improperly circuiated before being pear r�viewed or fin.alized. Therefore, the
draft report bas not been determined to reflect the consensus of NCRP, or any United States
government policy on EMF.
Whiie recommeadations oa EN� and thz siting of schools have beea made in Sweden, they have
not be�n widely acx,e�ted internarionally or iva the United Statcs. As you mention in your Ietter,
these recommendations were stmngly influencod by the findings of one epidemiological study
(Feychting and Ahlbom 1993}. This study was based on a very small number of cases; in
addition, this study found no cancer association with in-home magnetic field measurements.
Therefore, this study alone, and in the context of other EN� research, has not been determined
by the scientific communiry to provide a basis for similar recammendations in the United States,
or in other countries.
In September 1995, the United States Congzzss, Office of Technology Assessment (OTA)
compieted a report evaluating potential risks to students in school, including FMF. The report
states, "In compazison ta ot�er anvironmental risks described in this report, r�MF is a.mong the
TDO: (612) 623-5522 (Twin Cities) 1-800-627-3529 (Greater Minnesota�
An Equal Opportunity Employe�
ARr-22-96 01:20P IND SCH DIST #197 612 681 9102 p_u2•t
IV�T. �lOIIlaS $IIll$1
March 14, 1996 '
Page 2
most uncertaia. Although concerns have been raised that prolonged, elevated exposures may
place individuals at increased risk, there still is no agreement among scientists as to whether
power frequ�ncy � exposure presents a health risk. "
I have rcviewed th� magnetie field measurements collect�d at the sit� by Northern States Power
Compaay on July 25, 1995. Thesc m�s�remeuts are in the ianga of expeczed, background levels
in American �mes—esti�mated by the United States Fnvironmental Protection Agency to be from
0.5 to 4 m�Iigauss. In addition, the power lines at the site will be raised 20 feet, which is Iikeiy
to further reduce F1V� levels. As a�sult, these power lines are not l�ely to result in elevated
(above backgmund level) II1� exposures to occupants xn the schooL
If yau wou].d l�kc a copy of the United States Congre,ss OTA report, you m.ay contact the United
States Congress, Off"ice of Technology Assessment jCitation: Risks to S� i�t School.
OTA-ENV-633 (Washington, D.C.: United States Government Printing Officx, September
1.995}]. If you have any que.stions or concerns, please feei free to contact me at (612j 215-0919.
Sincerely,
, �
��.c,� ,Qx"u-v�(. �-�—�
Chuck S�roebel, MSPH
Environmental Scientist
Site Assessment and Consultation Unit
CS:bjk
Attachment
��
�
� �.
��� , F
��� � �
�• �.w
,�� .`��� J ��
May 20, 1996 � � ;'��.'`
.��N �,r,; .
��
�A
SS�
To: Mayor Charles Mertensatta
Council7ahn Huber
Council Christin� Kaah
Council Sandra Krebsbach
Council 3it1 Smith
I am a resident of Mendota Heights and have children in the public school system.
In the coming weeks, District 197's School Board will be presenting to you in City Council the
final architecturai plans for the middle school to be built in the Friends Hills neighborhood,
I strongly urge you to give the Schaol Board your full support taward helping them accomplish
what they aze required to do.
Thank you for yaur time and support in this matter. �
Si ely,
-.____,
� �� ��� � ��
_ _:.�..,
May 2p, 1996
To: Mayor Charles Mertensotto
Council John Huber
Council Christine Koch
Council Sandra Krebsbach
Council Jill Smith
I am a resident of Mendota Heights and have chitdren in the public school system.
In the coming weeks, District 197's School Board wi11 be presenting to you in City Council the
final architectural plans for the middle school ta be built in the Friends Hills neighborhaod.
I strongly urge you to give the Schaol Board your full support taward helping them accomplish
what they are required to do.
Thank you for your time and support in this matter. '
S111C�Ff:I}►y
a
`G� -�����
, ��. � �
1.,
� !
� , 4,; � � �
�,..-:.r:.____� �
-.y.....,......�m�:�......,.. n _ _ _ _ _ -
May 20, 1996
To: Mayor Charles Mertensotto
Council7ohn Huber
Council Christine Koch
Council Sandra Krebsbach
Council 7i11 Smith
I am a resident af Mendota Heights and have children in the public schooi system.
In the coming weeks, District 147's School Baard will i�e presenting to you in City Council the
final architectural plans for the middle school to be built in the Friends Hills neighborhood.
� I strongly urge you to give the Schoal Baard your full support toward helping them acaomplish
what they aze required to do,
Thank you for your time and support in this matter. �
Sincerely,
�.-
_ -:-�..,
May 20, 1996
To: Mayor Charles Mertensotto
Council John Huber
Council Christine Koch
Council Sandra Krebsbach
Councii Jitt Smith
I am a resident of Mendata Heights and have children in the public schaol system.
In the coming weeks, District 197's Schaol Board will be presenting to you in City Gouncil the
final architectural plans for the midd.le school to be built in the Friends Hills neighborhood.
I strongly urge you to give the School Baard yaur full support taward helping them accomplish
what they are required to do. -"
Thank you for your time and suppart in this matter. �
Sincerely,
�.�
_ _:.�...
�
May 2Q, 1996
Ta: Mayar Chartes Mertensotto
Council 7ohn Huber
Council Christin� Koch
Council Sandra, Krebsbach
Council Ji11 Smith
I am a resident of Mendota Fieights and have children in the public school system.
in the aaming weeks, District 1}7's School Baard will be presenting to you in City Council the
final architectural plans for the middle school to be built in the Friends Hi11s neighborhood.
I strongly urge you to give the Schoal Board your full support toward helping them aacomplish
what they aze required to do.
Thank you for your time and suppt�rt in this matter, '
Sincerely,
� , �:���L,�-ti..�s-'ii�
L--___�- =-T`'`�'"`,�'
�
�
May zo, �9��
To: Mayor Charles Mertensotta
Council Jahn Huber
Council Christine Koch
Counail Sandra Krebsbach
Councii Jilt Smith
I am a resident of Mendota Heights and have chilc�rren in the public schoal system.
In the coming weeks, District 197's School Board wi11 be presenting to you in City Council the
final azchitectural plans for the middle school to be built in the Friends Hills neighborhood.
I strongly urge you to give the School Baazd your full support toward helping th�m accomplish
what they are required to do. �
Thank you for your time and suppart in this matter. �
Sincerely,
��
�,�1 �5 I 1 �
�
May 20, 1996
To: Mayor Chazles Mertensotto
Council Jahn Huber
Counail Christine Koch
Council Sancira Krebsbach
Counail Jill Smith
I am a resident of Mendota Heights and have children in the pubtic school system.
In the coming weeks, District 147's School Baard will be presenting to you in City Gouncil the
final architectural plans for the middle school to be built in the Friends Hills neighborhood.
. �,
I strongly urge you to give the Schaal Baard your full support toward helping them accomplish
what they are required to do.
Thank you for yowr time and support in this matter, `
Sincerely,
����'�'�
�
�_
May 2U, 1996
Ta: Mayor Charles Mertensotta
Council John Huber
Council Christine Koch
Cauncil Sandra Krebsbach
Councit Ji11 Smith
I am a resident af Mendota Heights and have children in the public school system.
In the coming weeks, District 197's School Board will be presenting to you in City Council the
final architectural plans for the middle school ta be built in the Friends Hills neighborhood.
..:.
I strongly urge you to give the Schoal Board yaur fiall support toward helping the;m acaomplish
what they are required to do,
T`hank you for your time and sugpart in this matter. �
Sincerely,
Gr' — ` ,___-
_ _:.�..,
May 20, 1996
Ta: Mayor Charles Mertensotta
Council 7ohn Huber
Council Christin� Koch
Council Sandra. Krebsbach
Council Jill Smith
I am a resident of Mendota i3eights and have children in the public school system.
In the coming weeks, District 197's School Board wi11 be presenting ta you in Gity Council the
finai architectural plans for the middle school ta be built in the Friends Hills neighborhood.
I strongly urge you to give the School Baazd your full support taward helping them accomplish
what they aze required to do,
Thank you for your time and suppart in this matter. �
Sincerely,
May 20, 1996
To: Mayor Charles Mertensotto
Council John Huber
Council Christine Koch
Council Sandra Krebsbach
Council Jill Smith
I am a resident of Mendota Heights and have children in the public school system.
In .the coming weeks, District 197's School Board will be presenting to you in City Council the
final architectural plans for the middle school to be built in the Friends Hills neighborhood.
I strongly urge you to give the School Board`your full support toward helping them accomplish
what they are required to do.
Thank you for your time and support in this matter. :
Sincerely, .
' ,� /'� � f� GZ/ L�`��
i` �jyL� �/` ��71s� `�
�
May 20, 199�
To: Mayar Charles Mertensotto
Council John Huber
Council Christine Koch
Council Sandra Krebsbach
Councit Ji11 Smith
I am a resident of Mendota �-Ieights and have children in the public school system.
In the coming weeks, District 197's School Baard wilt be presenting to you in City Council the
�inal architectural plans for the middle school to be built in the Friends Hills neighborhood.
I strongly urge you to give the Schaol Baard yaur full support toward helping them accomplish
what they are required to da.
T�zank you for your time and support in this matter. `
Sincerely,
�v�
_ _,.�..,
May 20, 199�
To: Mayor Cbazies Mertensatta
Council John Huber
Caunci2 Christine Koch
Counoil Sandra Krebsbach
Council 7i12 Smith
I am a resident of Mendota Heights and have children in the public school system.
In the caming weeks, District 197's School Board will be presenting to you in City Council the
finai azchitectural plans for the middle school ta be built in the Friends Hills neighborhaod.
I strongiy urge you to give the School Baard yaur full support tawazd helping them accomplish
what they aze required to da.
Thank yau for your time and support in this matter. �
Sincerely,
� ��`� �i` � , �1 � (,���.�i�,c%��f
�
�� �f � �
�
CITY OF MENDOTA HEIGHTS
�� �
May 13, 1996
TO: Mayor, City Council, and Inte ' ' Administrator
FROM: Marc S. Mogan, Civil Engineer MSM
SUBJECT: Friendly Hills Tree Restoration Request
7ob No. 9221, Improvement No. 92, Project No. 6
DISCUSSION:
Mr. James Losleben of 815 Haze1 Court, submitted a request to expand the tree
planting work done under the Friendly Hills Street Reconstnuction Project contract to include
the plandng of �ine trees between Pagel Road and Dodd Road, near Keokuk Lane as part of
this project (see attached letter). •
, Because these trees would be on their right-of-way, Mn/DOT would require that a
permit application be submitted and granted. The Contractor was contacted and was willing to
plant these additional trees under the terms of the existing improvement contract at the
accepted unit price bid of $206 per tree. This price is somewhat higher thaa the unit price of
$125 per tree for trees that were installed under the City's 1995 Tree Program. If Couacil
decides to proceed with this request, the trees could be planted under either the Friendly Hills
improvement contract, or they could be included in the City's 1996 Tree Program at a unit
price yet to be established.
Mr. Losleben, and other area residents, have expressed a desire to beautify this
property, and indicated their willingness to donate some time and effort to that end.
It is my understanding that planting trees at this location could be the first item of an
overall beautification plan for this property, and I applaud Mr. Losleben's vision. This
beautification effort could require a significant amount of effort depending on the plan. The
only concern I have about this proposai is that the site is located some distance from the
properly owners presenting this plan. This fact could make it inconvenient or impractical for
these residents to unplement and sustain this effort over an extended period of time for any
plan of significant scale. Mr. Losleben will be in attendance at the May 21 Council meeting to
present their ideas and answer any questions.
ACTION REQUIItEI3:
Review Mr. Losleben's request as presented for the installation and maintenance of
trees, and landscaping, and determine a course of action.
.._ _. . .. ..r
—
�ity O�
.,.. . 1Viendota HeightS
May 3, 1996
Mr. James Losleben
815 Hazel Court
Mendota Heights, MN 55120
Dear Mr. Losleben:
Thank you for your letter to the Mayor and City Council regazding a proposed beautification
project for the Pagel Road/Keokuk Lane area. Tlus item will be scheduled for the May 21, 1996
City Council meeting as a diswssion item.
Copies of your letter ha.ve been forwarded to Tim Daznelson and Marc Mogan in our Engineering
department far their review as an enhancement to the Friendly I�ills Street Reconstruction Project.
I l�ave inst�ucted ]"un and Marc to contact you if they have any questions regarding your proposal.
Sincerely,
� �3
Kevin Batchelder
Interim City Administrator
cc: William Simek
Tun Danielson, Public Works Director
Marc Mogan, Civil Engineer
1101 Victoria Curve • 1Viendota Heights, 1VIN • v5118 452 • 1850
�
April 26, i946
James P, Losleben
g�s x�� co,�t
Mendota Heights, MN SS 120
Phone: 6121586-9547
Fa.�c: 61�1686-0336
Mayar Charles Mertensotta
and Council
City of Mendata Heights
1101 Victoria Curve
Mendota Heights, Minnesota SS 2 i 8
`� Subject: Enhancements #o Friendly Hills street restora.tian project
I3ear Mayar Mertensatto and Cauncil:
� �
MAY p 2 �
�.�ry + -��
r�4a�S�r�►��wa�v�^��� y_`
. It is with great pteasure that we see the new trees planted atong Decorah Lane as it
approaches Highwa.y I49 coming out ofFriendiy Hills.
in our desire to similariy enhance the characterisfics of the smaii wedge af land that is
directiy located between Pagel Raad and Highway 149 Iooking toward Keokuk Lane. We
request your heip in the securing and pianting of nine Linden or Ash in�s located on the
attached drawing. These nine tcees wouid add a significant enhancement to the landscape on
this wedge of land. We plan an cle�naing up this area after the contractor is gone. Any work we
do witi be submitted to and the Council for approval.
Please advise when this request will appear on your Cauncil agenda, and we will be at
the meeting to discuss our beautification praject in this area.
Best regards,
/? �.��%�-�,�-..
mes F. Losleben
��
$est regards,
, ��
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William Simek
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CTTY OF MENDOTA HEIGHTS
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May 16, 1996 �"
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TO: Mayor, City Cauncil, and Interim City Ad ator
FROM: Patrick G, Hollister, Administrative Intern ��,Y \
SLTBJECT: Ziggy'�s Outdoar Eating
Discussion
Mr. Lazrie Mack, awner of Ziggy's Deli in Mendota Flaza., wishes to position six tables
outsida the Deii for eating. The tables wau�d be 48" io b0" in diameter. Three ofthem
would be placed outside the mall in front af Ziggy's and the beauty shop, and three of
them would be placed inside the mall in front af the C}ld America store. In addition, Mr.
Mack would like ta serve these tables from a partable hot dog/Italian Ice stand and
perhaps provide live music to his patrans whiie they are eating on the mall. Mr. Mack has
submitted a Letter of Agreement showing that the mall owner approves of his plan, and
claims that there wauld be plenty of room far customers #o access all three affected stores.
Mr. Mack also claims that the previaus tenant of his space had put tables outdoors
without affcial pernussion fram the City. Mr. Mack has acquired two af the six tabies
and positioned them outside to illustrate the situation.
Although restaurants are a permitted use in the B-4 zane where the mall is located, the
City's Zoning Ordinance makes no mention of outdaor eating areas attached to
restaurants. The Mendota Plaza was appraved under a Conditional Use Permit for a
Planned Unit Daveiapment and this request could be granted by an amendment to the
e�sting PUD.
If the City wishes ta pernut Mr. Mack to set up an outdoor eating area, it could be -
allawed by amendirag the existing PITU, amending the zoning ordinance, or same other
means. Staff is seeking the Council's advice on haw ta proceed.
Attached are the materials pertairning Mr. Mack's application�, including a ietter from
Pianning Commissianer Friei expressing his concern arising from reading about this issue
in the Friday News.
Council Action Required
Discuss Mr. Mack's request and advise Staf� on a course of action.
May 15,1996
I M • - M � • • 1 � • ! • : i ' I • I ' • I I ' M
�� I- - '•/J � 1 !/� • / r- 1 -1•• • ' • •
Dear Mr. Mayor and City Counctl Members:
Please review fhis dacument for our proposed pafio arrangement
at the Mendota Ptaza (In front of Ziggy`s Deli & Ice Cream).
• Ziggy's Delt & Ice Cream is a six month oid business thot speclaftzes
ln hfgh quatlty'�igh# fore" breakfast, lunch, and dinner. We also serve
gourmet coffee and Ice Cream {The Grand Ote Creamery} to enhance
our menu. Our focus is to be knawn as e good, clean famiiy gathering
plQce for good food & fun. Our gool is fo provide a warm and wetcoming
afmasphere for ail. By day we've atso afitracted a large number of
business customers from the immediafie area, i.e., The Wafiers, GNB,
Cenfre Aoint t3fflces, Northiand Drive area, and tocai schooi officiats fo
include teachers. In the evening, we aNracf many families wlth children.
The patio furnifure and added oufstde servtce will be crucial in our
ability ta grow and prosper. We cre very happy to have been able to
open our sfore in Mendote Hetghts and plan #a be very active and
supporttve in the community. Currently, we have alreedy sponsored the
Mendafa Heights Athteftc Associa#ion for tee-ba!!, traveQng teams, $tc.,
not ta mention a local Nlendota Heights girls so€tba!! team. We have
made donations to Mendota School, Henry Sibley Hlgh School and
Moretand Elementary.
Retaiive io the outside patia furniture arrangemenfi, we infend to be
fuily respansible for insurance coverage fio cover the proposed area in
question. In addition, we wili t�ke fuil responsibiiify far mainfenance of
fihe area and witl potice fhe area carefuity -- fihis witi ensure that aii firash
fis picked up in and araund fihe area of discussion.
Our proposal includes setting out approximafely 2� to 30 chairs
wifih six (b) �8" tabies (unbreakable glass tops with plastic basesj ond
matching umbrellas in a triangular patio fashion direcfly tocated in front
of Ziggy's Deli & Ice Cream. This area wtl! measure approximately
30'x30`x30'.
/i
�
�
Page two.....
Mr. Mayor and Ctty Council
`
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We have informed our Icndlord of our intent and have been in
constant communication with feliow tenants to inform them of our layout
and progress. Many of our customers have been informed of the patio
arrangement as well. We have taken tremendous care to ensure that we
go about this procedure in a fashion that all will benefit. The tables and
seating will be open to be used by all merchants, employees, customers
of all mall stores not exclusively Ziggy's customers. Indeed, we will csk
disrespecfful and/or abusive individuals of this area or to the furniture
itself, to vacate the area. Customers are weicome to read, smoke
(Ziggy's Deli is non-smoking), eat or Just relax and we are committed to
clean the area. The tables and chairs will be set-up and dismantled daily
and stored in an enclosed locked common area of the Mendota Plaza.
Debbie and I, owners, appreciate your time and kind
consideration of approval of this proposai. We are excited about our
new business venture and progress to date.
r
�
Page three..
Mr. Mayor & Ci#y Council
�
We are laoking #orward to co�#inued growth and success and loak
farward to working with you an this lssue and others in the future.
Respectfully,
Larry S. ack
President
Ziggy`s Deli 8� Ice Cream
Nome -1Nork {b'E2) b86-8095
�
� •
DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS
2227 University Ave. • St. Paul, MN SSl 14-1677 • 612-646-7901 • Fax 612-646-1389
CENTRAL PLAZA
45th & Central Ave. N.E.
Minneapolis, Minnesota
CRYSTAL SHOPPING CENTER
Bass Lake Road & West Broadway
Crystal, Minnesota
May 6, 1996
LETTER AGREEMENT
This Letter Agreement by and between Mendota Mall Associates,
LLP, Landlord, and Les Mack Enterprises of Minnesota, Inc., d/b/a
Ziggy's Cafe, Tenant
DODDWAY SHOPPING CENTER WHEREAS, Tenant and Landlord entered into a Lease Agreement
Smith & Dodd Road on September 5, 1995, to rent suite 4A in the Mendota Mall to operate
West St. Paul, Minnesota a cafe serving sandwiches, salads, bagels, coffee, ice cream and other
items similarly related thereto, and
LEXINGTON PLAZA SHOPPES
Lexington & Larpenteur
RoseviIle, Minnesota
,• . .
. .
WHEREAS, Tenant now desires to set up six (6) tables and thirty
(30) chairs c�n the outside mall area East of their premises and
WHEREAS, Tenant must have Landlord's written permission to
use this outside mall seating area.
MENDOTA PLAZA NOW THEREFORE, in consideration of sum of One Dollar (S 1.00)
State Hwy. 110 & Dodd Road and other ood and valuable consideration the recei t and sufficienc
Mendota Heights, Minnesota 9 . (� Y
of which is hereby acknowledged by the parties hereto, it is agreed as
r follows:
MOUNDSVIEW SQUARE
Hwy. 10 & Long Lake Road
Mounds View, Minnesota
NORTHWAY SHOPPING CENTER
State Hwy. 23 & Woodland
Circle Pines, Minnesota
SIBLEY PLAZA
West 7th Street 8c Davern
St. Paul, Minnesota
1. Landlord does hereby consent to the outside seating area on the
terms and conditions as hereinafter set forth.
a. Tenant may put a maximum of six (6) tables and thirty
(30) chairs in the outside mall area cross hatched in red
on the attached Exhibit "A-1 ".
b. Tenant may put one 2' x 4' cart and one 2' x 3' table on
the sidewalk area immediately in front of their store cross
hatched in red on the attached Exhibit "A-1 ".
c. Tenant must provide additional liability insurance to cover
the outsicie mall area outlined in green on the attached
Exhibit "A-1 " and list Landlord as an added insured.
1THVIEW SHOPPING CENTER d. Tenant's license to use this outdoor seating area shall
�outhview Blvd. & 13thAve. S extend from May 1 through October 31 of each year.
South St. Paul, Minnesota ��=' -
�
After October 31, it will be Tenant's responsibility to find
winter storage space for their tables, chairs and other
equipment.
e. Tenant may store all tables and chairs in the Northwest
corner of the enclosed mall area from 11:00 PM nightly
until 6:30 AM the following morning. At 6:30 AM all
tables and chairs and carts must be taken out of the
enclosed mall. During inclement weather, tables and
chairs must be stored in the Southwest corner of the
enclosed mall.
f. Tenant will be required to maintain the outside mall area
daily by picking up all refuse, sweeping down and/or
washing down the outside sidewalk area.
g. Landlord �accepts no liability for loss or damage to any of
Tenant's property while in the outside sidewalk area or
the enctosed mall area.
� h. Tenant may use outside speakers to play background
�' �' music in the garden area provided that the location and
. installation of said speakers is approved by Landlord.
i. This license is revocable on a one (1) week notice at
Landlord's sole discretion.
If the foregoing is the acceptable to Tenant, Tenant may indicate so by
signing on the line indicated.
MENDOTA L ASSOCIATES, LLP
By: �'-�`-
W.R. Ban�t
Its: A4ent
LES MACK ENTERPRISES OF MINNESOTA, INC
d/b/a ZIGGY'S C/�E i� /" I
�
rry Mack
Its:_ �l�t� k�YL
�
SOUTH PLAZA DRIVE ��+'������ �'��r,��� f
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LAW OFFICES
B13IGC�S AND M013CsAN
PROFESSIONAL ASSOCIATION
2200 FIBST NATIONAL BANH BIIILDINO
SAINT PAUL, MINNESOTA ES5101
TELEPHONE (612) 293-6000
FACSIMILE (612) 223-6480
MINNEAPOLIS OFFICE
PA00 I D S CENTEB
FT&ITEB'S DIEECT DIAS. NDMBEB Apri123, 1996 MII�TLAPOLIS, MINNESOTA 66402
TELEPHONS f61E� 334-6400
FACSIMILE (912) 334-8960
(612) 223-6422
Jim Danielson, Public Works Director
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55120
Dear Jim:
I note in the April 10 Friday News that Ziggy's is proposing to erect some
outside Deli Tables at the Mendota Plaza. I see too that staff has informed Mr. Mack
that he needs an amendment to the PUD for Mendota Plaza to do this.
In view of the fact that this PUD amendment is not a"minor change in the
location, siting and height of a building or structure" which can be authorized by the
Council, but one of the "other changes in use" under Section 22.11 or 22.16(3)a-e of the
PUD Ordinance the changes sought by Ziggy's require compliance with "the procedure
authorized **'� for the approval of a conditional use permit."
With the foregoing in mind, I axn perplexed about how this could windup
on the Council's Agenda on May 7 without being on the Planning Commission's Agenda
first.
Is there something I have overlooked?
Very truly yours,
� �
�
f� �� ` �
Bernard P. Friel
BPF:tm
cc: Charles E. Mertensotto, Esq.
�
CITY O� MENDOTA HEIGHTS
� •
May 16, 1996
r
T0: Mayor, City Council and Interim City Ad inistrator
FROM: Guy Kullander, Parks Project Manager ��
SUBJECT: Wentworth Park Picnic Shelter {s}
:� �r;• �r
The Council on April 1�, 1996 did not accept the Parks and Recreation
Commission recommendation to construct two picnic shelters identical in design as
used in Kensington Park. Council comments questioned whether the design was
functional or if a larger shelter might be needed, and what�factors inffuenced the
selection af Wentworth Park for shelter construction.
M !� • 1
The Parks and Recreation Cammission discussed the Council's comments
and directed me to att�nd the next Council meeting and resubmit the
Commission's recommendatians ta Council.
The Commission was unanimous in their desire that any facilities
constructed in our parks should maintain architecturaE consistency. They further
stated thafi the buildings in Mendakota and Kensington Park were well constructed
and iaw maintenance, and highiy praised on numeraus occasions by users of these
two parks.
The Commission directed staff to prepare a site map o# the park i!lustrafiing
the proposed lacations of the shelters which are attached for Cauncil review.
Alsa accompanying this memo is a letter fram Station 19 Architects
indicating that for the sum o# �50C? #hey will retease the constructian drawings
used at Kensington Park if the City desires ta construct other shelters of the same
size and design.
i � 1 I 1 J 1�' � 1
The Parks and Recreation Commission recommends that Council purchase a
release from Station 19 for the shelter design plans from Kensington Park and to
further authorize staff to prepare bid packages for the construction of two shelters
in Wentworth Park identical in size and design as those in Kensington Park.
' • � : • : �
If Council so desires to accept the Park and Recreation Commission
recommendation, a motion should be passed authorizing the payment of S500 to
Station 19 for the release of the design documents and direct staff to prepare bid
packages for the construction of two shelters in Wentworh the Park.
GDK:kkb
1
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' MAY-14-1996 19�23
SiATION
NINETEEN
STATION NINETEEM
ARCHITECTS. INC
�001 UNIVEASITY
vuESOUTHEnST
�E►�ouS,
MINNESOTA SS�I�
N� i13.1600
f«X 823.00u
7 4. 1996
Kullander
of Mendota Heights
Park shelter documents
Guy,
have Iooked into the possibility of releasing our documents for your use on
nother park shetter, and I would like to propose the following:
:ation 19 wiil re(ease the drawings far the park shelter as described on
�nstruction Documents iitled "Kensington Park South Buiidings�" sheets A1
rough A4, and dated 2/20/92. Upon receipt of a signed copy of this
�reement, a reproducible set of drawings will be transmi#ted io you for your
�e. Our tltle bfock will be removed and you will need to p�ovide your own
:rtificate for any modifications made.
�e Cit�r of Mendota Heights agrees to defend, indemnify and hold harmless
;ation 19 Architects, Inc. from and against any and all claims, losses and
�mages arising out of the reuse, modification, mislnterpretation, or misuse of
e pfans and specifications of the "Kensington Park South Buildings"
scuments.
We wili be pleased do this for the sum of $500.00. •
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5inc� ,;� Accepted by:
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Richard V. Brownlee NAME
rincipa! in charge
on 19 Architects, lnc.
TITIE
Ciiy of Mendota Heights
P.02
ARCt117ECT5, PLANHERS, �NTERtORS
TOTAL P.02
TO:
FROM:
RE:
HI�TnRY�
CITY OF MENDOTA HIIGHTS
ul:�►� •
Mayor, City Council and City A tor
Guy Kullander, Pazks Project Manager �,�' \
Park Shelters for Wentworth Park
April 12, 1996
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The Five Year Parks Capital Improvement Plan designated Wentworth Park to receive
a Picnic Shelter in 1996. The Parks and Recreation Commission had discussed this item for
several years and had directed Staff to research the cost of a shelter, similar in desiga and
materials to those constructed in Mendakota and Kensington Parks. The Commission felt that
a single shelter similar to the 16' by 16' shelters in Kensington Park was too small for
Wentworth Park which is extensively used for picnicking and is reserved by residents most
weekends during the summer.
� Staff contacted the Architect that designed the shelters in Mendakota aad Kensingtoa
Pazks to determine fees to design a i6' by 24' shelter. The estimated fees were $2,500 to
$3,000.
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The Commission felt that the architectural fees of $3,000 were rather lugh for a shelter
estimated to cost from $16,0(}0 to $17,0(}0 that would only accommodate six to ten more
people than the 16' by 16' shelters in Kensington Park.
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Funding for this improvement would be from the Special Park Fund. The current
balance is approximately $463,000.
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The Parks and Recreation Commission recommends that Council direct Staff to contact
the Architect who designed the Kensington Park 16' by '16' shelters and secure a Release to
reuse the same design plan and specifications as used for the Kensington Park shelters. The
Commission further recommends that Council direct staff to prepare bid packages for the
construction of T�Q 16' by 16' shelters in Wentworth Park for an estimated constructions
cost of $25,000. ('The Kensington shelters cost $11,500 a piece when constructed in 1992).
Y � ► : 1 ll: 1
If the Council so desires they should accept the Park and Recreation Commission
recommendation to construct two 16' by 16' picnic shelters in Wentworth Park and to further
direct Staff to prepare a bid package and advertise this project for construction in the summer
of 1996.
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Constructed in 1973
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Roof Cover = 660 Sq. Ft.
Picnic tables in shelter = 4
Additional 6 tables on site
Electric available in shelter
Grills available
ROGERS LAKE PARK
1�166ite
4/96
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Constructed in 1973
Roof Cover = 660 Sq. Ft.
Picnic tables in shelter = 4
Additional 2 tables on site
No electric service
Grills available
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VALLEY PARK
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COMFCJRT STATIQN UPPER LEVE�L
To3lets, fountain, telephane and Deck Area = 720 Sq. Ft.
Cancession stand at ground level.
Picnic Tables = 6
Eleatric available
l Constructed in 1991
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Port-a-potie located near play area
Fountain east of shelter
Permanent toilets,fountain, and
telephone located at Hub building
Constructed in 1991
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Roof Area = 1600 Sq. Ft.
Picnic Tables in shelter = 10
Additonal 3 tables on site
Grills - 1 Large, 2 Small
Electric Service Outlets
MENDAKOTA PARK .
PICNIC SHELTER
3GFITS, IAt+t �118 � (6tZ) 45�1850
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Constructed in 1992
Raof Cover = 400 sq.ft. Each Shelter
Picnic tables under she3�er = 3 each
Grills = 2
Electric, toilets, fountain at
Com�ort Station
��•►� �°f SOUTH KENS INGTON PARK 4/ 9 6
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TWO SHELTERS �
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CITY OF MENDOTA HEIGHTS
MEMO
� May 17, 1996
T0: Mayor and City Council
FROM: Kevin Batchelder, Interim City d iY�" trator
SUBJECT: Repuest bv Snrint for Antennas on Water Tower
�76��I���C�7�]
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�Ms. Debra Michaels, of SBA, appeared before City Council at their May 7,
1996 meeting on behalf of Sprint Digital PCS telephones, to request permission to
place up to twelve (12) antennas on the City water tower. Ms. Michaels •
requested a workshop with the City Council to review the details of Sprint's
request. Instead, Council authorized Mayor Mertensotto to meet with Ms.
Michaels to discuss the proposal and their offer for a lease arrangement.
Ms. Michaels, Mayor Mertensotto and myself inet on Thursday, May 16,
1996 to discuss the proposal and lease arrangement. Ms. Michaels presented her
best offer and is awaiting City Council's response. The offer is as follows:
* Placement of three sets of four antennas at the same elevation as the
existing antennas. (See attached map).
* Lease payments beginning at S 15,000 per year (or 1,250 per month)
with an annual increase of five percent (5%) or an amount equal to
the Minneapolis-St. Paul CPI and not to exceed eight percent (8%).
* The term of the lease would be five (5) years with options for four (4)
renewal periods, for a total of twenty-five (25) years.
Currently, U.S. West is leasing space on our water tower for S 1,146 per
month with the same annual increase that Ms. Michaels has agreed to. Sprint's
equipment would be mounted on a raised platform inside the water tower to
preserve our storage space. Ms. Michaels has also provided a sample lease
agreement. (Please see attached). City Council should consider Sprint's offer and
whether they would agree to allow more antennas on the water tower.
if the City Council agrees to allow antennas and agrees with the proposed
lease, they should pass a motion to indicate the proposed terms are acceptable
and provide direction to staff on the preparation of site plans and a lease
agreement for approval at a future City Council meeting.
KLB:kkb
. 3
TOVVER, ATTACHMENT
LEASE AGREEMENT
COVER PAGE
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TABLE OF CONTENTS
1. PREMISES ........................................................................................................................1
2. USE .......................................................................:.............................................................1
3. TERM ..........................................................................................................................:...... 2
3.1. Primary Term ...........................................................................................................................................2
3.2. Extended Term ........:................................................................................................................................2
4. RENT .................................................................
................................................................ 2
5. ACCESS AND UTILITIES ...:............................:............................................................. 3
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6. UTILITIES .....................::................::.................:............................................................. 3
?. MAINTENANCE ...................................:................................................................:......... 3
S. HOLDING OVER ......... :......................L........................................................................... 3
9. NQTI.CE ...............................................................:............................................................. 4
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10. LIABILITY AND INDEMIVITY ...............: . ........................................................... 4
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11. TERMINATION .................................................: �........................................................... 4
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12. DEFAULT ......................... '... �:..........:............................................ 5
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13. TAXES ................................................................:............................................................. 6
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13.1. No Limitation on liability .............................................................:......................................................6
13.2. Release .........................................................................:...........................................................................6
14. FIXTIJRES �
...................................................................................................................... 6
15. MEMORANDUM OF AGREEMENT ...................................................................:....... 7
16. ASSI�NMENT AND SUBLETTING BY TE1vANT ................................................... 7
17. PERMITS ........................................................................................................................ 7
18. DEBT SECURITY ........................................... :.....................................................:....... 7
19. INSUFtANCE ................................................................................................................... 8
19.1. Required Insurance of Tenant .............................. :...........................................................................8
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19.2. Required Insurance ofLandlord .......................................................................................................5
19.3. Policies of Insurance ............................................................................................................................8
20. ENVIRONMENTAL MATTERS .................................................................................. 9
21. FENCES .................................................. .................................................................... 9
22. TITLE .....................................................:......................................................................... 9
23. CONDEMNATiON CASUALTY .................................................................................10
24. QUIET ENJOYMENT ..................................................................................................10
25. CONTINGENCIES .......................................................................................................10
26. INTERFEftENCE ........ :..............................................................................................11
27. COMPLIANCE .. ............................................................................................................11
28. LIENS .........:..................................................................................................................11
29. SUBORDINATI.ON ......................................................................................................12
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30. ENTIRE AGREEMENT AND BINDING EFFECT .............. :.................................12
31. GOVERIVING LAW ......................................................................................................12
i:\wpdata\leases�new-towe.doc u
TOWER ATTACHMENT
LEASE AGREEMENT
THIS TO�VER ATTACHMENT LEASE AGREEMENT ("Lease".) is made and
entered into as of the day of . 199_, by and between
.a
("Landlord"), and Sprint Spectrum L.P., a Delaware limited partnership ("Tenant").
AGREEMENTS
1. � PREMISES
Landlord leases to Tenant, and Tenant leases from Landlord, space on the tower
("Tower") at fAGL, together with building exterior space for placement of base -
station equipment and space required for cable runs to connect PCS equipment and �
antennas, owned by Landlord located on the real property legally described on Exhibit A
("Property"), to house all or portions of the Communications Facility (as defined �elow)
or, if applicable, �a portion of the Property to enable Tenant to construct such ai�
improvement for Tenant's exclusive use. The area of the existing `structure or, if �
applicable, the portion of the Property to be leased to Tenant for the construction of such
a structure, is more particularly shown on Exhibit A. Landlord also grants to Tenantethe
Access Easement and Utility Easement described in Section 5 of this Lease. The To
space, the area of the existing structure (or the portion of the Property to be leased for �
the construction of a structure), the Access Easement and the Utility Easement are ��
referred to collectively in this Lease as the "Premises". The exact location dimensions, ,"��
boundaries and other description of Premises and the Access and Utility' Easemen ts � �
shall be in accordance with a Survey paid for by Lessee and Exhibit A may be modified, -
supplemented or replaced to conform thereto. � =
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2. USE
The Premises will be used for the purpose of installing, constructing, maintaining,
repairing, operating, altering, inspecting, and removing the following equipment: �
2.1. Any and all antenna(s), dishes, and/or grids as Tenant may deem
appropriate.
2.2. Transmission lines and mounting and grounding hardware.
2.3. If Tenant is not utilizing an existing structure on the Property, a structure=
to house portions of Tenant's communication equipment consisting of base station(s), y
wireless communication equipment, switch(es), power supply(ies), battery(ies), and
accessories.
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For the puzposes of this Lease, all af Tenant's above-described equipment
antennas, dishes, lines, switches, power supplies, batteries; accessories, and necessary
appurtenances will be referred to herein col.Iectively as the "Communications Facility".
The Communications Facility may be installed by Tenant ar by any of Tenant's
agents ar contractors. Tenant may run transmi.ssion lines between Tenant's equipment
and Tenant's antenna{s}, dish{es} and grid{s}. Tenant has the right to make altera�ians
to the Communications Facility from time to time as Tenant determines to be necessary
ar desizable. .
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3.1. Yrimary Term
3. TERM
- The primary term {"Primaxy Term"} af thi.s Lease will be for five (5} years, and will
commence on the date speci�ied in the first paragraph of this Leas�'Agreement
{"Commencement Date"), and will terminate at 1I:59 p.m. an .
unless sooner termi;nated as provided herea.n. .
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3.2. Extended Term
Tenant is ga�anted the optian to extend the Primary Term of this Lease for four (4)
addi�iarial periods of fiv�; {5} years each {"Exiended 2erm"}, provided Tenant is not then
in default under this Le �Each of Tenant's options to extend will be deemed
�automatically exercised wl aut any actian by either party unless 'T'enant gives writien
notice of i.ts decision not to �xercise any option(s) to Landlord before expiratian of the
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then current term. '_�
4. RENT
Tenant agrees to pa� Landlord the annual sum af
($ )("Ren�"), payable iri advance on or befoxe the Commencement Date af
each and every calendar ye�r during the Primary Term and each Extended Term. Untzl
the earlier of (a) the date which is 30 days aftex the issuance o£ a building permit for
installati.on of the Cammu�ications Facility, or (b} the first day af the month following
commencement of physical pxeparatian of the Premises, the rent will be $100.00. Rent
will be paid ta Landlord at its address designated in Sectian 9.
Rent for any period ciuring the term af ihis Lease that is less than one (1} year will
be pxorated based on a three hundred su�ty-five (365) day year.
The annual rent far each Extended Term will be the annual rent in ef£ect far the
final year af. the Primary Term or priar Extended term, as the case may be, increased by
percent ( %). . -
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5. ACCESS AND UTILITIES
� Landlord grants to Tenant, for use by Tenant, its employees, agents, contractors
and by utility companies, an easement and license over the Property on a twenty-four
(24) hour daily basis, for (i) ingress and egress to and from the Premises and the
Communications Facility (the "Access Easement"), and (ii) the installation, operation and
maintenance of necessary utilities for the Premises and the Communications Facility
(the "Utility Easement"). If reasonable in Tenant's opinion, such Access Easement and
Utility Easement will be over and lie within existing roads, parking lots and/or roads
hereafter established by Tenant. Tenant may improve the Access Easement by grading,
graveling and/or paving. The Access and Utility Easements, to the extent further
identified, are more particularly described on Exhibit A. Tenant will notify Landlord of
any change in the particular location of any Access Easement or Utility Easement, if
such differs from the descriptions on Exhibit A. .
6. UTILITIES
• Tenant will be solely responsible for and promptly pay all charges for electricity nr
any other utility, used or consumed by Tenant on the Premises. If necessary, Tenant will
have a meter installed at the Premises for Tenant's utility use, and the cost of such
meter and of installation, maintenance, and repair thereof will be paid for by Tenant. �
Tenax�t may in�tall or improve existing utilities servicing the Communications Facility
and may install an electrical grounding system or improve any existing electrical "
grounding system to provide the greatest possible protection from lightning damage to
the Communications Facility.
7. MAINTENANCE
Landlord will maintain the Tower in a proper operating and safe condition. All �
costs associated with the maintenance and repair of the Tower, including painting, will�
be paid by Landlord, unless the damage to the Tower is caused by Tenant, in which cas�e
Tenant shall repair such damage or, at Tenant's option, reimburse Landlord for the costs
and expenses incurred by Landlord to repair the damage.
8. HOLDING OVER
� If Tenant holds possession of the Premises or any portion thereof after the date
upon which the Premises are to be surrendered, Tenant �vill become a tenant on a
month-to-month basis upon all the terms, covenants, and conditions of this Lease except
those pertaining to the Lease term and, during any such month-to-month tenancy,
Tenant will pay monthly rent in an amount that is one-twelfth (1/12th) of the Rent.
Tenant will continue occupying the Premises from month-to-mon�h until terminated by
Landlord or Tenant by the giving of thirty (30) days' prior written notice to the other.
i:\wpdata\leases\new-towe.doc 3
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9. NC?TICE
All na�ices or demands are deemed to have been given or made when delivered in
person or mailed by certified, registered, or express mail, return receipt requested,
postage prepaid, United States mail, and addressed to the applicable party as fallows:
Landlord:
Attention:
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Tenant: Spxint Spectrum L.P.
Atten�ion: . �
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. with a copy io: Sprint Spectrum L.P. �
�4717 Grand Avenue, Fifth Floor
Kansas City, MO �4i12 °
; , . Attention: Business Law Group
A party may change its address to which any notice or dema �nay be given by
written notice thereof to the ather party. ���=�: �
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I0. LIABILITY AND IN'DEMI�ITY
Tenant agrees to inciemnify and save the Lancllord harmless from aII c3aims
(including costs and expenses of defending against such claims) arisin� from any breach
of ihis Lease by Tenant, or any negligent act, negligent omission or intentional tari of
Tenant or Tenant's agents, employees, contractars, invitees or licensees occurring during
the term of ihzs Lease in or about the Premises. Landlc�r�, agrees to indemn�if'Y and save
Tenant harmless from all claims (including costs or expenses of defending against such
claims} arising fram any breach af this Lease by Landiord, ar any negli,gent act, negligent
omission or intentional tort of Landlord or Landlord's agents, employees, contractars,
invitees, Iicensees. The provisions af this Seciion IO will survive the termination of thzs
Lease.
11. TERMINATION
11,.1. In addition to the texmination provision contained in Sect�on 12 of this
Lease, Tenant has the right to terminate ihis Lease at any time upan �ny of the
following events:
].1.1.].. Upon providang Landlord ninety (90) days prior written notice; or
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11.1.2. If the approval of any agency, board, court, or other governmental
authority necessary for the construction and/or operation of the Communications
Facility cannot be obtained, or is revoked, or if Tenant determines the cost of
obtaining such approval is prohibitive; or
11.1.3. If Tenant determines that the Premises are not appropriate for
locating the Communications Facility for technological reasons, including, but not
limited to, signal interference. •
11.2. Tenant will give Landlord thirty (30) days written notice of termination of
this Lease under the terms of Section 11.1.2 and 11.1.3 above. Upon termination,
neither party will owe any further obligations under this Lease except for the
indemnities and hold harmless provisions in this Lease, the provisions of Section 20 of
this Lease, the prompt reimbursement of pro-rata prepaid rent, and Tenant's
responsibility for removing all of the Communicatio}ls Facility from the Premises and
restoring the Premises to its condition as of the commencement date of this Lease, as
' near as practicable (save and except utilities and fences installed, access areas improved,
rembval of vegetation for construction purpdses, concrete pads and guy anchors installed,
items coristructed or changed by any person(s) or entity(ies) other than Tenant, normal
wear and tear, and acts beyond Tenant's control).
r - � • 12. DEFAULT
I� ant fails to comply with any material provision of this Lease and such
failure is n�`•cured within thirty (30) days after receipt of written notice thereof from
Landlord. La;�dlord may, at its option, terminate this Lease without affecting its right to
sue for all pasf�due rentals and any other damages to which Landlord may be entitled. If
any such defaul't cannot reasonably be cured within thirty (30) days, Tenant will not be
deemed to b:e in default under this Lease if Tenant commences curing such default
within the thirty (30) day period and thereafter diligently pursues such cure to
completion. If Landlord is entitled to collect or other�vise remedy said damages, and if
Landlord seeks enforcement of its rights through an attorney or other legal procedures,
Landlord is �entitled to collect, in addition to any other amounts owed, its reasonable
costs and attorneys' fees thereby incurred.
If La�dlord fails to comply with any material provision of this Lease, and such
failure is not cured within thirty (30) days after receipt of written notice thereof from
Tenant. Tenant may, at its option, cure the failure at Landlord's expense (which expense
may, at Tenant's option, be deducted from rent) or terminate this Lease without affecting
its right to demand, sue for, and collect all of its damages arising out of Landlord's
failure to cotnply (including consequential damages). If any such default cannot
reasonably be cured within thirty (30) days, L• andlord will not be deemed to be in default
under this Lease if Landlord commences curing such default within the thirty (30) day
period and thereafter diligently pursues such cure to completion. If Tenant is entitled to
collect or otherwise remedy said damages, and if Tenant seeks enforcement of its rights
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thraugh an attorney ar ather legal procedures, Tenant is entitl.ed to callect, in addition to
any other amounts owed, its reasanable costs and attorneys' fees thereby incurred.
The rights and remedies stated in this Lease are nat exclusive and the parties, in
the event of a breach af this Lease or a dispute, are entiiled to pursue any of the
xemedies provided in this Lease, by law, or by equity. � �
Na course of dealing between the parties ar any delay on the part of a party to
exexcise any right it may have under this Lease will aperate as a waiver af any of the
rights pravided hereunder or by law ox equity, nar will any waiver af any prior default
opexate as the waiver of any subsequent de£ault, and no express waiver will affect any "
term or candition ather than the one specified in such waiver and the express �vaiver will
apply anly for the time and manner specifically stated.
I3. TA►XES
Unless separately billed ia Tenani by a ta�ng authority, Tenant will pay annually
to Lancllord an amount equal to any increase in real estate taxes attributable to any
improvement ta the Premisas made by Tenant. Tenant will pay to Landlard Tenant's
share of any such tax within sixty (60) days of receipt of sufficient documentation
indicating calculation of Tenant's share and payment of the reai estate taxes by
Landl,ord. Landlord must pay annually when due all real estate iaxes and assessments
attributable ta the Premises, the Access and Utility Easement, and the tax iot(s} o£which
they are a part. Upan writien request by Tenant, Landloxd wil]. furnish evidence of
payment af such assessments and taxes.
I3.I. No Limitation on Liability �
Th� provisian of insurance required in this Lease shall not be construed to limit or
athexwise affect the liability af any party to the other party .
13.2. Release
Landlord and Tenant releas� each other, and their respective pxincipals, employees,
xepreseniatives and agents, from any claims for damage to any person ar to the Properiy or
the impravements thereon that are caused by, or result from, risks insured against under
an� insurance palicies carried by the parties and in foxce ai the time of any such damage
and any risks which would be covered by the insurance which such party is required to
carry hereunder. Each party shall cause each insurance policy obtained by it to provide
that the insurance campany waives all right af recovery by way of subrogation against the
other party in canneciion with any damage cavered by any palicy.
14. F]XTi.I'RES
Landlord covenants and agrees thai no gart af the impravements installed,
constructed, exected or placed by Tenan� on the Premises ar other real praperty owned by
�andlord will be or become, or be considered as being, affixed io ar a pari of Landlord's
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real property; and any and all provisions and principles of law to the contraiy
notwithstanding, it is the specific intention of Landlord to covenant and agree hereby �
that all personal property and improvements of every kind and nature installed,
constructed, erected, or placed by Tenant on the Premises, or other real property owned
or leased by Landlord, will be and remain the property of Tenant despite any default or
termination of this Lease and may be removed by Tenant any time in Tenant's discretion
provided that Tenant at its expense restores the Premises pursuant to Section 11.2.
15. MEMORANDUM OF AGREEMENT
After preparation of the legal descriptions of the Premises, Access Utility
Easement, each party, at the request of the other, will sign a Memorandum of Lease and
Easements. Tenant, at its sole expense, may record the Memorandum of Lease and
Easements in ti�e land records of the recording office(s) reasonable for notice purposes. �
16. ASSIGNMENT AND SUBLETTING BY TENANT
. .� ,
Tenant m�y, without Landlord's consent, assign or sublet any or all of Tenant's
interest in this Lease or any part thereof, and/or any or all of Tenant's right, title, and
interest in and to any or all of the Communications Facility, to any party controlling,
controlled by or' in common control with Tenant or any party acquiring substantially all
of the assets of Tenant. _�' �
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17. PERMITS � w
. :.,
Landlord acknowledges that Tenant will be contacti�g the appropriate 1oca1
governmental agencies for the purposes of obtaining all building permits arid approvals,
zoning changes and/or approvals, variances, use permit:s, and other governmental
permits and approvals (collectively, "Permits") necessar.y for the installation,
construction, operation and maintenance of the Communications Facility. Landlord
agrees to fully cooperate with Tenant in obtaining the P.ermits and, without limiting the
generality of the foregoing, to execute any applications,.maps, certificates or other
documents that may be required in connection with the �Permits.
18. DEBT SECURI�'Y
Tenant may, without Landlord's consent, pledge,�mortgage, convey by deed of trust
or security deed, assign, create a security interest in, or otherwise execute and deliver ,
any and all instruments for the purpose of securing bona fide indebtedness any or all of
Tenant's interest in this Lease, any part thereof, and any and all of Tenant's right, title,
and interest in and to any and all of the Communicatioas Facility. Promptly on Tenant'�
or Tenant's lender's request, Landlord shall execute and deliver, and shall assist in .
facilitating the execution and delivery of, all documents requested by any of Tenant's
lenders including but not limited to waivers of Landlord's right to levy or distrain upon
i:\wpdata\leases\new-towe:doc _ 7 . _
far rent any af Tenant's praperty given as security far a debt, consents that nane af the
Communications Facility shail become fixtures, consents to giving notice to Tenant's
iender{s} in the event of Tenant's default under the provisions of this Lease, consents ta
Tenant's assignment to any lender(s) of any and all of Tenani's interest in or to thi.s
Lease and the Communzcations Faciiity and nondisturbance agreements from Landlord
and Landlord's lenders. . � .
x9. INSURANCE
19.1. Ttequired Tnsurance o£ Tenant
Tenant must, during the term of this Lease and at Tenant's sole expense, abtain and
: keep in force, not less than the following insurance:
19.1.1. Property.insurance, includi.ng coverage for fire, extended coverage,
vandalis� and malicious mischief, upon the Communications Facility in an
amount not less than ninety percent (90%) of the full replacement cost of ths
Communications Facility;
+ • -
•� . ' 18.1.2. Commercial Generai Liability insuring operations hazard,
'� �'�, independent contractar hazard, contractual liability, and producis and completed
r• operatzans Iiability, in Iimits not Iess than $5,�OO,OQO combined single li.mit for
,, .
.":�, each occurrence far bodily injury, persona]. injury and praperty damage liability,
,� naming Landlord as an additional insured; and
� X9.1.3. Warkers' Compensatian and Employer's Liability insurance.
�; 19.2. Required Insurance of Landlord
Landlord must, during the term of this Lease and at Landlord's sole expense, obtain
and keep in force, the following insurance:
= 19.2.1. Praperty insurance, including caverage for fire, extended coverage,
: vandalism and malicious mischief an the Site, in an amount nat less than 90°!0 of
the full replacement cost o£ the Site (excluding, however, the Communi.cations
- Facility}; and •
�.8.2.2. Commercial General Li,ability insuring aperations hazard,
- independent contractor hazard, contractual liability and products and cainpleted
r operaiions liability, in limits not Iess than $5,000,004 combined single limit for
each occurrence £ar bodily injury, personal injury and property damage liability,
naming Tenant as an additional insured.
19.3. Policies of Insurance
- _; ic\wpdatalleaseslnew-towe.doc $
All required insurance policies must be taken out with reputable national insurers
that are licensed to do business in the jurisdiction were the Premises are located. Each
party will deliver certificates of insurance to the other party upon request. All policies
must contain an undertaking by the insurers to notify the other party in writing not less
than fifteen (15) days before any material change, reduction in coverage, cancellation, or
termination of the insurance.
20. ENVIRONMENTAL MATTERS
Landlord warrants and represents that the Property, and any existing
improvements on the Property are free of Hazardous Substances (as defined below).
Landlord will indemnify, protect, defend, and hold harmless Tenant from and against all
claims, suits, actions, causes of action, assessments, losses,:penalties, costs, d.amages and
expenses, including, without limitation, attorneys' fees, sustained or incurred hy Tenant
pursuant to any federal, state or local laws, implementing regulations, common law or; '`��
otherwise, dealing with matters relating to the environment, hazardous substances, toxic
substances and/or contaminatian of any type whatsoever (collectively, "Hazardous �
Substances") in, upon or beneath the Premises, Access and Utility Easemerits, and the �
other improvements on the Premises (excluding the Communications Facility), provided �
this indemnification shall not apply with respect to any Hazardous Substances released
by Tenant. � . .
� .�`a
Tenant will indemnify, protect, defend and hold harmless Landlord from and �
against all claims, suits, actions, causes of action, assessments, losses, penalties, costs,
damages and expenses, including, without limitation, attorneys' fees, sustained or �
incurred by Landlord pursuant to any federal, state or local la�vs, implementing �
regulations, common law or otherwise dealing with matters relating to Hazardous
Substances released by Tenant in, upon or beneath the Premises, the Access and Utility '
Easements, and the improvements on the Property. �
21. FENCES
During the Primary Term and each Extended Term, Tenant may fence in that
portion of the Premises as Tenant determines is reasonable for the proper and efficient
operation and protection of the Communications Facility contained in the enclosure.
22. TITLE
Landlord represents and warrants to Tenant that Landlord has good and
marketable title to the Premises, Access and Utility Easements, free and clear of all
liens, encumbrances and exceptions, except those described in Exhibit A attached hereto,
of duration and quality equal to that conveyed to Tenant by this Lease. Landlord shall
warrant and defend the same to Tenant against the claims and demands of all persons
and entities.
i:lwpdata\lzaseslnew-towe.doc � 9
23. CC3NLIEMNATI{�N CASUALTY
If any governmental, public bady ar other condsmning authority takes, or if
Landlord transfers in lieu of such taking, all or part of the Piemises, Access and Utility
Easemen�s or if the Tower is damaged by. any casualty, thereby making it physically or
financially infeasibl.e for the Premi.ses to be used in the manner intended by the Lease,
Tenant shall have �he right to terminate thi.s Lease effective as af the date af the taking
by the condemning party or such casualty loss and the rental shall be prorated
appropriately. If onl3� a portion of the Premzses, or Access and Utility Easements are
taken, or a only a portian of the Tawer is damaged and Tenant does not elect to
terminate this Lease under this provision, then the Lease shall continue but rental
payments pro'vided under this Lease shall abate proportionately as ta the portion taken.
which is not then usable by T`enant, and Landlard shall make all necessary repairs and
alterations to xestaxe the portion af ihe Tower, Premises, Access and Uti.lity Utility
Easements remairiing ta as near their former condition as circumstances will permit (at
a cost not to exceed Landlord's:procesds from said condemnation transfer or casualty
loss}, ' � . '
24. QUIET ENJ4YMENT
� Landlord covenants that Tenant, upon paying the rent and observing the other
coven�nts and cQnditions herein upon its part to be observed, wa.11 peaceably and quietly
brold and enjoy ihe xight to use the Prein�,ses, and Access and Utility Easements on the
terms and conditions and for the purpo '�stated herei.n during the term af this Lease, as
it may be extended, without hi.ndrance, e ection ar molestati.on by Landlord or any
person{s} or eniity(ies} claiming under the `�,andlord.
25. C(�NTINGEIYCIES
� Noiwithsiandxng anythi.ng coniair�ed herein to �he contrary, and in addiiion to and
not in limitation of Tenant's other rights hereunder, it is expressly agreed that Tenant's
obligations under this Lease are canditioned ugon:
25.L Tenant's satisfactian wiih the status of title and condition of the Premises
and at Tenant's optian, Tenant's receipt o�' a Ieasehold title insurance policy insuring its
leasehold interest in the Premises, in form and substance satisfactary io Tenant,
Landlord shall execute the standard form of title company affidavit in order to enable
Tenant to obtain title insurance on the P�emises free and clear of all exceptions other
tb.an those which have been disclosed in writing to Tenant and which do nat interfere
with Tenant's use of the Premises;
25.2. Landlord's obtaining and furnishing to Tenant:
25.2.1. A non-disturbance agreement fully execuied and in recordable £arm
between Tenant and the holder of any mortgage, lien, encumbrance, estate or any
i:�wpdacall�ases\new-towe.doc ` : �Q
other prior interest in the Premises, or Access and Utility Easements ("Superior
Interest �iolder"); and
25.2.2. A written consent to this Lease executed by any Superior Interest
Holder, all in form and substance reasonably satisfactory to Tenant; and
25.3. Tenant's satisfaction, in it� sole and absolute discretion, with the feasibility
of engineering, installing, constructing and operating the Communication's Facility;
Tenant's receipt of all necessary or appropriate building and construction permits and all
licenses, permits, approvals and consents from all applicable governmental authorities
necessary or appropriate for Tenant to use and operate the Communication's Facility on
the Premises.
Tenant is hereby given as the right to survey, soil test, radio coverage test, and to
conduct any other investigations needed to determine if the surface and location of the
Premises are suitable for Tenant's use intended by this Lease.
26. INTERFERENCE
Landlord will not permit or suffer the installation and existence of any other
improvement (including, without limitation, transmission or reception devices) upon the
Tower or any other portion of the Property if such improvement interferes with
transmission or reception by Tenant's Communications Facility in any manner
whatsoever.
27. COMPLIANCE
Landlord represents and warrants that all operations conducted by Landlord in
connection with the Tower and the Property meet all applicable state, federal, county
and local codes and regulations. Landlord agrees that it will conduct its operations in
the future in accordance with all such codes and regulations. Landlord is not required to
obtain any consent under any ground lease, mortgage, deed of trust or other instrument
encumbering the Property in order for Tenant to construct, operate, maintain or access
the Communications Facility.
During the term of this Lease, Tenant will comply with all applicable laws relating
to Tenant's use of the Premises. Tenant will not commit or suffer to be committed any
waste on the Premises or any nuisance.
28. LIENS
Tenant shall keep the Premises free from any liens arising out of any work
performed, materials furnished or obligations incurred by or on behalf of Tenant and
shall indemnify, �defend and hold Landlord harmless from all claims, costs and liabilities,
including reasonable attorneys' fees and costs, in connection with or arising out of any
such lien or claim of lien. Tenant shall cause any such lien imposed on the Premises to
i:\wpdata\leases\new-towe.doc 1 �
�
be released af record by payment or posting of a proper bond within thirty {30) days after
written request by Landlord,
29. SUBORDINATION
Tenant agrees that this Lease shall be subject and subordinate ta any mortgages
or deeds of �rust now or hereafter placed upan the Premises and to all modifications
thereto, provided that Tenant's passession of the Premises shall not be disturbed so long
as �'enant continues to perform its du�ies and obligations under this Lease and Tenant's
obligation to perform such duties and obligations shall nat be in any way increased or its
rights diminished by the provisions o£this paragraph. �Tenant agrees to attarn to the
mortgagee, trustee or beneficiary under any such martgage or deed of trust, and ta the
purchaser in a sale pursuant to the fareclosure thereaf; pxavided .that, Tenant's
possessian of the Premises shall not be disturbed so long as Tenant shall continue to
per£orm its duties and abligations under this: Lease. �" .
30. EN'TIRE AGR.EEI��EN� AND BINDING EFFECT
This Lease and any attached exhibits and nandisturbance and attornment .
agreemen�(s) mentioning this Lease, constitute the entire agreement between Landlord
and Tenant; na prior written pramises or prior cantemporaneous or subsequent oral
prom�se� or representations will be binding. This Lease will not be amended ar changed
except by written instrument signed by the p-arties hexeto. Section captians herein �e
for convenience of xeference anly and neither limit nor amplify the provisians af t
Lease. The invalidity of any portion o£ this Lease shall nat have any effect on the `
balance thereof The provisions of this Lease shall be binding upan and inure to the :+��.
benefit o£ the heirs, executors, administratars, successors, and assigns. of Landlord ar�d `�
Tenani. � .
3 L GOV.��ZN.ING LAW -
This Lease shall be governed by the laws of the state in which the Fremises are
located. �
IN WITNESS WHERE4F, Landlord and Tenant have signed this Lease as of ihe
date and year first above written.
TENANT:
SPRINT SPECTRUM L.P.
LANDLQRD:
By: By: �
Name• IVame:
Title: Title:
�
i:lwpdata\leases\new-towe.doc � c�' _ _
:+
CI1'Y OF MENDOTA HEIGHTS
MEMU
May 15, 1996 �
r
TO: Mayor, City Cauncil, and Interim C�'� ''strator
FROM: Patrick C. Hollister, Administrative Intern
SLTBJECT: Case No. 96-11: United Properties Applicatian
for a Conditional Use Permii for a PUD
Discussion
Dale Grlowa of United Pragerties appeared before the City �ouncil on May 7, 1996 ta
discuss his applicatian far a Preliminary Plat and a Canditianal Use Pernut far twa multi-
tenant industrial buildings built on a"spec" basis at the corner of Enterprise Drive and
Pi1ot Knob �2.aad. The buildings would be knovvrx as "Enterprise Corporate Center." The
buildings woutd be mostly warehouse with each buiiding containing about 20°l� office
space. Mr. Glowa plans to build the larger building first, which wauld be 115,720 square
feet. {The secand buiiding would be about 38,000 square feet.) The first building sits on
two platted lats. Mr. Glawa is seeking to a.mend the existing PUD to pernut tlus
deveiopment.
4n Apri123, 199b, the Planning Commission voted 5-2 (Friei and Tilsen apposed} to
recomrnend that the Council grant United Properties a Conditional Use Permit for a PUD,
a SubdivisiontPreliminary Plat, and variances for bath a 20-foot setback far a monument
sign and a shared driveway as proposed subject to the following conditions:
1. that the Landscape Plan and Grading Plans show the praposed berming along
Enterprise Drive
2. that the Grading Pian and Site Plans clearly show paricing at the 20-foot setback
3. that the plat be revised to accommodate more room for the Phase One Ioading along
the south edge
4. that the Council and Staff determine that this proposal complies with the conditions of
the previous PUD, especially in regaxds to imperviaus surface coverage (see
inforrnation above), and
5. that the Council send the applicant back to the Planning Comirussion if they determine
that condition (4) is not met.
l�
The Council, at their meeting on May 7, 1996, voted 4-1 to grant Concept Approval and
approval for a Foundation Pernut for the Phase One office/waxehouse building as
presented to the Council on May 7, 1996, contingent upon the following:
1. Staff review of all plans
2. Submission of adequate landscape plans for Phase Two which include screening of the
dock by the pond.
The Council has requested that Mr. Glowa submit revised site plans and elevations which
contain the following adjustments discussed at the May 7 meeting:
1. Reservation of the Right-Of-Way adjacent to Enterprise Drive for a possible future
pedestrian trail
2. A new building exterior treatment to "break up" the length of the building
The Council also emphasized that the City reserves all rights of reviewal and
approvaUdisapproval of the Phase Two building, along with accompanying landscaping, at
such time that the applicant intends to construct it.
Please see the attached materials which Mr. Glowa has submitted in response to the
Council's concerns.
Council Action Required
If the Council wishes to accept the Planning Commission's recommendation, it should
pass the attached Resolution, adding to or altering the conditions if necessary.
C'
CITY OF MENDOTA HEIGHTS
DAKOTA C4UNTY,11Rl.�TNESOTA
RESOLU �Ci'IQ�IU. 6
A RESC?LUTIOlY APPRQV7NG � UD F4R EN7'�RFI7;ISE CURPORAT�
� CENTRE
WHEREAS, United Praperties has propased a Preliminary Plat, a Canditional Use
Permit, and Variances for a new PUD for a warehouseloffice faci�ity an land which lies
partly within and partly autside of an existing PUD; and
WHEREAS, said land cansists ofLats 1, 2 and 3, Block 1, Southridge Business Center,
together with South S I8.60 feet of North 884 feet of I��W 1/4 0£ SW Il4 of 34-28-23 lying
West af West line of Block 1, Southridge Business Center; and
WHEREAS, such a Planned Unit Develapment will consist of two phases:
1. a building of approximately � 15,720 square feet on 7.72 acres
2. a building of appraximately 38,400 square feet on 4.b1 �cres, including a retentian
pond; and
WHEREAS, the proposed construction is to be on 12.33 acres of land; and
WHEREAS, The City Council has deterrnined that such a use is appropriate for this site -!`G�
and wauld be a good addition to the City's industriat park; and �� �UD �,�r ���,,,,,��y
a.w� C,,v�.s.w.. ��� �-t,-P , �
W�REAS, the City Cauncil has further deternuned that the �es�e�s.natc�� y� �,,c �� ��
vu�t�-a�oa�i�i�ns-ir�pose��z�rrnrtlr���is"ti�ig�`CiH', {�
NUW, THEREF4RE, BE IT RESOLVED by the City Council of the City of 1Vlendota
Heights on this 7th day of May, 1996 that a Preliminary Plat, a CLTP far Warehouse/office
use, a setback variance of 24 feet for a monument sign and a variance for a shared
driveway be granted to United Properties for the Phase 1 building only in the form af a vn.
����Planned Unit Development under the fallowing conditians:
�,�,,x,,'`
l. that the Landscape and Grading include the proposed ben:ning along Enterprise Drive
2. that all parking canform to the 20-foot frc�nt yard setback
3. that the plat be revised to accommodate adequate room for the Phase Qne loading
along the south edge
4. t�aat the 'g� -Of-Way�.dj�ent to �nfei�rise Driv l�e �r`'e'�erved for the�fi�fi
�an�� ction of an �%'wide e.c�estnan tra�to�,.b setback 4'�behi�e curb
5. that adequate landscape screening of the loading docks from the area of the pond be
included in the Phase 2 plans.
BE IT FURTHER RESOLVED that the City Council reserve all rights of reviewal,
denial and approval of the Phase 2 building at such time that the applicant intends to
construct it.
BE IT FURTHER RESOLVED that the City Council authorize Staff to issue the
appropriate building pernut(s) for the Phase 1 building only.
Adopted by the City Council of the City of Mendota Heights this 7th day of May, 1996.
SIGN:
ATTEST:
Charles E. Mertensotto, Mayor Kathleen M. Swanson, City Clerk
�t
.,
UNITED P'ROPERTIES
Nlay 10, 1 }96
Mr. Kevin Batchelder
City Administratc�r
City of Mendata Heights
1141 Victaria Curve
Mendota Heights, MN 55118
RE: ENTERPRISE CORPOR.A.TE CENTER
Dear Kevin:
As requested by the City Council, we have modified the design of the above-referenced project in
an attempt to giv�e relief to whai was previously perceived by the Councit to be a monotonously
long structure. Our �architect, Robert L. Boland, Inc., has prepared a rnadification to the design
that wa believe resalves the issue. I have submitted twelve calored copies of the propased
building elevation far the Phase I building.
We think that tlie revised plan successfully accomplishes the City's objective. The architectural
features now include: additional brick to the rao� wrapping the corners at both ends of the
building; increasing the amaunt of brick at a strategic Iacatian between gridlines 11 and 13, which
is basica.11y in the middle of the facility; recessed tenant entries, creating visual shadow lines; a
color pattem that is harmonic�us with neighbaring properties and that creates a lot of interest on
this building by using banding in a sequential patkern. Finally, we have illustrated the landscapiung
of trees and shrubs at the front of the project jusi as it is detaiied on the finat landscape plan. We
have purposely shaded a darker color the area between gridlines 14 and 19 to represent that
portian of the building that turns back, given the configuration af the site. Because of this
configuration, tkus 700 foot-long building will always be viewed to be a shorter length, depending
upon yotzr location along Enterprise Drive.
The elevation drawing before yau does not show the favorable effect that the green grass in front
of the building adds for saftening the final look. Nor does the elevation drawing show the trees
and landscaping in the boulevard alang Enterprise Drive which wiil fizrther impact the view from
Enterprise Drive. We hope you agree that all of these elements help accomplish the City's gaals
far creating a mare interesting design for an otherwise very Iong and functianat building.
It was agreed that we wouid submit this to the Councii members today for them to review and
return any comments to us by early next week, so that we can resubmit the final praposed design
next Wednesday, May I5, 1996, as required for the City Council meeting dated May 21, 1996.
�"� On May 15, we will resubmit plans for the referenced praject based an the City's input of these
�` �� revisions. We will also submit the concept Iandscape plan far the pond area. which was agreed to
3S(1O VVest f{Oth Strec� Minncupolis, Minnes<�ta 554:i1 hl? S:il-I(l0(1 i=,��: (�1? ti�)�_h;iO-?.
Mr. Kevin Batchetder
May 10, 1996
Page 2
be installed when the eventual Phase II building is constructed. This cancept landscape plaan will
show the City our seriaus intent of screening the truck dack axea af the Phase I building fram the
Piiot Road perspective.
We hope that you agree that the revisions that we have made successfully accomplish your goal o£
"breaking up the loak of this otherwise very long concrete building." We wauld like it noted by
the City Cauncil that United Properties always strives to balance design with functian when we
create market-oriented products like Enterprise, where we have to find tenants after it is built. It
is important for us ta mainta.in cornparable economics with our comgetition. Three similar
projects have been recently completed and leased in Eagan containing a total of 324,040 square
feet. Two mare prajects are soon to begin const.�uction in Eagan, representing another 240,OOQ
square feet. These projects do not include any brick. They also do not rec�uire acoustical saund
attenuation materials, as our groject does given the airport sound ordinance. These requirements,
unfortunately, gut us an an uneven economic ptaying field. The City and United Properties
should both share the same mativation far having fully occupied buildings. As evidence, the
tenants in Eagan that lease #his kind t�f product do not care if the buildings have brick, or any
other decorative feature, and are not u�g ta pay any premiums. This product type will nat
lease any quicker, nor daes it have any greaier value, because it is prettier. I# is purely a
functional product. Given aur internal industrial park locatian and the fact that we are nat
adjaceni io any residential areas, we thiink that a mazket-oriented product should not be required
to be unnecessarily artistic, as long as it campties with ordina.nce requirements. Just the same, we
are wiiling ta provide these upgrades as proposed, at our expense, for the sake of maintaining the
relationship with the City af Mendota Heights. We sincerely request your approval of these
revisians so that we can proceed with this industrial project.
Very truly yours,
GG�--�'''"—...
Dale J. Glowa
Senior Vice President
Development
DJG/srh
DGOSIOa.doc
<� ' ,,..i
r���-������ :��t�.��y
�� r
May 14, 1996
�
Tp; Ma.yor, City Council and Interim City 'stratar
FR.OM: John P. Maczko
Fire Chief
SUBJECT: House Burn - Training E�cercise Request
DISCUSSION:
• The,fire department has been contacted by Kelly Hauch of W,D. Schock
Compaay, whose firm is handling disposal of property owned by the Metmpolitan
Airports Commissian (MAC). She inquimd if the department would be interested in
using a ha�me that they wish to dispose of for training purpases. T'he home is lacated in
ttie Indastrial. Park off of Pi1ot Knob Road. The fire department tr�initmg staff has taken
a look at the home and iind it in very good shape and wauld Iike to use the home for
live burn training activities to give firefighters hands-on experience in a controlled
environment. Since the hame is near another dwelling, st�df has made contact with �hat
hameowner and received approval fmm them to condnct the fire tiaining activity, if
appraved by Council.
Training opporiunities like this, for �ue hands-on experience, are very few and
far between in this day and age. Hands-an experience is crucial, not only in teaching
firefghters praper techniques and keeping their skills cumni, but it is also a necessity
for haianing firefighter safety. Trdining iirefighters with live fire in a training exercise
such as this, pmvides eacperience in a very cantrolled and safe environment that is often
times not able to be expenenced at 2:00 a.m. We expect iirefighters to operate an
reflex for the protection of life and property and their own persanal sa%ty, so this type
of txaining is priceless.
The department would like to util�ize the liome for live burn exercises in a one
day burn between now and 7une 30. An exact date for the burn has nat been set as
cooxdination with the excavator that MAC is hiring and our training staff will be
crit�cal. We would aiso be utiiizing the Anoka. County Technical College burn team in
this training. It will be disposed of in one day using very intensive barns. Casts for
this training can be absorbed in the existing departmeantal budget as part of our noxmal
trau�ing,
r A
A preliminary environmental analysis has been done by MAC. No
environmental issues were found with the possible exception of asbestos. Further
analysis for asbestos will need to be completed on site by MAC and if found, removed.
The well on the property has been properly capped per Dakota County Standards. All
debris, including foundation and ashes, will be removed and the hole bac�'illed by
MAC with an appropriate bacl�'ill material. A copy of the burning agreement is
attached with MAC attomey's comments (strikeout).
RECOIVIlVIENDATION:
I recommend that Council authorize the fire department to enter into the burning
agreement with the Metropolitan Airports Commission.
ACTION REOUIItID:
Council should discuss the options, and if Council concurs with the
recommendation they should pass a motion authorizing the fire deparlment to execute
the burni.ng. agreement and burn the structure for training purposes.
; JPM: dfw
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05-16-1996 02�0?PM FROM
Y�1 4528940 P . 02
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'YI• ; ;�:�:�' "i' : :+�.a �151�:i1�
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T,�is �e �aercise �re�meat is r�sade au�. �nnt.�rcd m,ia as of t3�is da�r o�
.. ,19 bp a�d betv�een the C�,TY OF D�IENDOTA �IG�Ci`5 (the "G�itS%'}
aad •
{hexe�afce�r individusIl�' andlor collec�rveiy x$ferr�ed ta as "O�w�n��r'�.
��riE'iAxsr
'+PYgE��FAS, Oar��r is the haJder of fee simpi� tirl+� fre� and clea�' of aay and all
mc�tgaSas.liens a�r other eact�mbrancas, ta 'tbax G�ai�t improvet� r�a'� properip k�cated �.
th+� Co�mtp of Da�o�a, State of l�ti�esuta, r��anly �aaow�r +�
ancd
�e�alty descnbed �s set forth an '�,�bit � srta,�hed bereto auc3 incar+pozated herei�t (the
'�'+���; and
�R�A5, the G�ity Izas :ear�est� authanization iram Owaer to use the Pzoperty as
a fxe pratection u�aming e�xerci� area.
;,NQ'�', T��RE�?''UR�, fvt good �tnd valuabl� �stsideYation, the xeceip� aad svffi:caemcy
o� �hich 2re hezelsy sr.kna�vletiged by C�z, it �s heYeby agreed as foli�oas: .
i. t3arner r�p��seats �rud �v�n�s tu the � tbat {h� � �he is� (they �re} �
o�tet aud holdez nf fee si�aple title to the l�rop�rty, �ree and clear of �uty an�
aIi a�artgage�, �i�s aa� oih�er ena�mbranc�s t�ereaa.
2. �z here�bp auth� aat� c�sents tv ti�e use a►f �e Propt� bg the €�ty,
its ageuts au�i �mployees, on ox bef�ore ., r� 19' fcYr purposes
of tram�ng fire pratecrion gezsonnel. i3wt�r u�rsta�ds and acl�aaowIedges
tha.t #he Proparty s�u� the residence Ic:cated th�xeou may be burt�ed vr
otherovise dtxtroy�d, in �ho]e or 3in part, as a result of t� cont�mp�a�ed
ttai�iug operstion,,and herebp e�"essYy consen�s theretx�.
3. �pt as �th�r�ari�e ezpr�;sslp set €e�s� � berei�., the G�ty h�e�re'by re].eases
and a��es io hold Oc�.er 3�atmlass from aac� agas"z� �.ny aud a�]. I2ab�i�ie's,
�laims� damages, costs, fees aud �#.her +e�cpe�a incm�rec� in connectiou wit�
t�c vse ar deatru.ction of zhe Prvpe�Y i�Y the C�ty, its agenrs a�.d employee;s,
pursnant to this Agreement. :
I
���
PZiV � �SS546
9/£ d �����Li9�E 'Oh
� "it� -t-�=_ _z'r:i - � _ . _ ' S _ ' � ' - ` � " = '
1�1/�CT f
n
r
05-16-1996 02�07PM FRQM
TO
4526940 P . 03 �' �" S
e��v�,F; O�vnear agrees to take auy and all steps reasQnably neeessary, afae�
complction af tis� subject fire e�e�c�sc, to sectae tlo.� proPertY a�d to prevent
unliceas�d ot uulawful entry thereo�n by t�itd paxties =,O�vaer h�erebv r�eieases
5. 'Tbis Ag�reement ma.y be executed in caunterparts, each of which will �
deeraed to b� an orsginsl and aIl of wbich, '�vheu tal�en iogeth�r, sh811 be
deem�d to be one and sam� instru�tteni.
II�I �'Vl[TNE5S WS�RE4�', the parties hercta hav� caused this Agreement to be
executed ss of the date and year first above writtea
9
a
CIT"Y OF MENDOTA HEIGHTS
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And
Tts City Clerk
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