1996-11-051.
2.
3.
4.
5.
�
�
�' * REMltVDER � *
DUE TQ THE ELE�T/DtVS, THE MEtUDOTA HE/GHTS C/TY CUUNC/L MEETI/VG
WILL CONVENE A T 8: 00 P. M.
CITY OF MENDOTA HEIGHTS
DAKOTA CQUNTY, NIENNESOTA
CtTY CCtUNCII. AGENQA
• • • • :3�i�il�l�
Call to 4rder
,• . .
Agenda Adoption
Approva! of 5eptember 17 and October 1.
�
�.� •�� -��.
a. Acknawiedgment of the actober 22 Planning Commission Minutes.
b. Acknowledgment of, the Building Activity. Report for Qctober.
c. Acknowtedge Receipt of information Regarding Pine Creek Estates
lmprovement Project Status. . : . �
d. Approval of Modifications to the Agreem�en;t an the. GNB Building
Permit. ' � ' ' - ' '
e. Approval to Participate in the Metropolitan Livable Communities Act in
� 3 997 - RESQLUTIQN 11l(1. � 36 85 �
f. Approval to Extend Summer Engineering Aide Employment.
g. Authorization ta Hire an Appraisec ar�d Authorization to Direct the City
Attorney to Begin Legal Defense for Curley Street Rehabilitation
Assessment Appeal. . � - . . � .
h. Autharizatian to Execute a Private Wate'rmain Agreement between the
City af Mendata Heights a�d Dakota County HRA for the HRA Seniar
' � Housing Facility. .
i.� � Apprpval to Canduct Adjourned � Meetings on Wednesday, December 4
at 7:3Q p:m. and on Wednesday, December 17 at 5:00 p.m. fo� the
Purposes of Conducting the City's Truth-in-TaxationBudget tnitiat
Hearing ans Subsequent Hearing. , � .� .,. .: . �
�j. Approval of Sign Setback Variance for� Manna Freight - RESCILUT/ON
Nl�. 96- 8S � �
k. �. Approval of List of Claims. �
!.' Approval of the List of Cantractors.
�� . �, t -t�.
�11�I�t� � �, �� . ,
' ,:.
7. Introduction• � - ' � ' �
a. ' Introduction of Mrs. Mendota Heights - Margaret Dutcher.
8. �id Award �
a. Fire Hall Roof Replacement (Available Tuesday)
' � i �� i� 1 � �•
a. Consideration. of Tobacco Restriction Ordinance.
b. Discussion with Ms. Kathleen Ridder regarding the �Tree Preservation
Ordinance. � .
, �
c. Case No. 96-31: Acacia Cemetery - Height Variance - RESOLUT/ON
NO. 96-87
d. Discuss McNeill Property Acquisition/Street Sweepings Site.
e. Discuss Amending Mendota Plaza Shopping Center Sign Policy.
f. Consider Sign Permit Application Request - Mendota Plaza - 750
• � Highway 110 (Dr. Paul Wild Family Dentistry).
g. Case�No.�.96-32: Citjr of Mendota Heights - Wetlands Permit and CUP
- RESOLUT/ON NO. 96-88
h. Discussion on AMM's 1997 Proposed.tegislative Policy Program.
8. Council Comments
9. Adjournment'to; Closed Session to Discuss Labor Negotiations and
Adjournment to the November 6 Canvassing Board Meeting at 5:00 p.m.
Nd�� I�E � - 1�av�.��.. .�-�h� • S�� f��. �
. .. �. .
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 b�,possible. on �short notice. Please contact City Administration at
452-185D with �requests. � ,
TO:
i
I
CITY OF MENDOTA HEIGHTS
Mayor and City Council
WI-�►►i [�7
November 5, 1996
FROM: Kevin Batchelder, ��; r'� City Administrator
SUBJECT: Add On Agenda for November 5 City Council Meeting
;
One item has been deleted from the agenda, item 5g. Information originally
indicated as Available Tuesday is now submitted for Council review, item 8a (*).
Additional information is submitted to item 9a (**).
3. Agenda Ado t�
It is recommended that Council adopt the revised agenda printed on purple
paper.
i
5g. Authorization � Jjjrg � AR r� aiser �1d Authorization � Direct �,g �_,
Attornev �4 Begin Legal Defense fQC Curiev Street Rehabilitation Assessment
peal • '
,
This item has been deleted from Council's agenda. A settlement has been
agreed upon. ;
�
7a. FlCg Ji�!! Roof Re�lacement. �
Please see attached memo.
;
9a. Consideration � Tobacco Restriction Ordinance.
;
Please see attached information.
i
;
1
KLB: kkb '
i
r
i
,
r. �
Page No. 1
September 17, 1996
' CITY OF 1VIENDOTA HEIGHTS
' DAKOTA COUNTY
� STATE OF MINNESOTA
�
� � Minutes of the Regular Meeting
Held Tuesday, September 17, 1996
Pursuant to due call and notice thereof, the regulaz meeting of the City Council, City of Mendota
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota. Heights, Minnesota.
i
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were
present: Mayor Mertensotto, Councilmembers Huber, Koch and Smith. Councilmember Krebsbach had
notified the Council that she would be late and arrived at 7:37 p.m.
AGENDA ADOPTION ; Councilmember Huber moved adoption of the revised agenda for the
i meeting.
� Councilmember Smith seconded the motion.
Ayes: 5 '
,
Nays: 0 '
APPROVAL OF MINUTES '
,
;
Ayes: 5
Nays: 0
Ayes: 4
Nays: 0
Abstain: 1 Koch
Ayes: 5
Nays: 0
Councilmember Huber moved approval of the minutes of the
regular meeting held August 6, 1996 as amended.
Councilmember Smith seconded the motion.
Councilmember Krebsbach moved approval of the minutes of the
regular meeting held August 20, 1996 as amended.
Councilmember Smith seconded the motion.
Councilmember Krebsbach moved approval of the minutes of the
regular meeting held September 3, 1996 as amended.
Councilmember Huber seconded the motion.
CONSENT CALENDAR � Councilmember Krebsbach moved approval of the consent calendar
, for the meeting, along with authorization for execution of any
, necessary documents contained therein.
' a. Acknowledgment of the minutes of the minutes of the
September 10, 1996 Parks and Recreation Commission
! meeting.
Page No. 2
September 17, 1996
b. Acknowledgment of the Treasurer's monthly report for
August..
c. Adoption of Resolution No. 96-70, "A RESOLiJTION
SEEKING FUNDING FROM DAKOTA COUNTY FOR
CONTINUATION OF THE COMMUNITY LANDFILL
I: : :4�T �� ��TiZsi :7_\ u �
d. Acknowledgment of a memo from Administrative Intern
Hollister regarding Case No. 96-25, Evans, and adoption of
Resolution No. 96-71, "A RESOLUTION DENYING A SIDE
YARD VARIANCE AT 716 EVERGREEN KNOLLS."
e. Adoption of Resolution No. 96-72, `RESOLUTION
ACCEPTING WORK AND APPROVING VINAL
PAYMENT FOR SWANSON'S 2''TD ADDITION
(IMPROVEMENT NO. 95, PROJECT NO. 2)," awazding
final payment of $6,449.02 to Kober Excavating.
f. Authorization to forwazd couunents on the draft County
Transportation Plan Policies to the Dakota County Board.
g. Approval of the joint Police Liaison Services Agreement
between the schaol district and the Cities of Eagan, Mendota
Heights and West St. Paul, and authorization for the mayor
and City Clerk to execute the document. -
h. Authorization to reta.in Geoffrey Jillson as structural engineer
to review Planning Case No. 96-27 for an amount not to
exceed $1,000, a.nd with direction to Mr. Jillson to notify
Council if it appears that additional funding will be needed.
i. Approval of the issuance of a cigarette license to the
SuperAmerica Group for the Mendota Heights Road/T.H. 55
facility. �
j. Approval of the issuance of an off-sale 3.2 malt beverage
license to the SuperAmerica Group for the Mendota Heights
Road/T.H. 55 facility.
k. Approval of the list of contractor licenses dated September
17, 1996 and attached hereto.
1. Approval of the List of Claims dated September 17, 1996 and
totaling $225,414.71. •
� Page No. 3
September 17, 1996
Councilmember Krebsbach seconded the motion.
Ayes: 5 �
Nays: 0 �
BID AWARD,
SOUTH PLAZA DRIVE
;
,
�
Ayes: 5
Nays: 0
BID AWARD - CITY HALL
REPAIRS '
Cou.ncil acknowledged a memo and tabulation of bids received for
construction of the extension of South Plaza Drive and iztilities to
serve the Dakota County HRA Seniar Facility.
Public Works Director Danielson informed Council that the low bid
exceeds the engineer's estimate by 38% in part because of
requirements imposed by the St. Paul Water Utility and because it is
so late in the season. He also requested Council approval of a
change order to incorporate Davis Bacon Federal Labor Standard
Provisions into the contract. He explained that including the
provision within project specifications is highly unusual since it is
only required for federally funded projects, and it had been
inadvertently left out of the specifications.
Councilmember Smith moved adoption of Resolution No rj6-73,
"RESOLUTION ACCEPTING BIDS AND AWARDING
CONTRACT FOR CONSTRUCTION OF SOUTH PLAZA DR1VE
EXTENSION IMPROVEMENTS TO SERVE DAKOTA
COUNTY HRA SENIOR HOUSING (IMPROVEMENT NO. 96,
PROJECT NO. 1)," along with approval of Change Order No. 1,
awarding the contract to Ro-So Contracting for its low bid of
$56,749.00.
Councilmember Koch seconded the motion.
Council acknowledged a memo from City Hall Building Manager
Guy Kullander for exterior paint and stain repairs to City Hall.
Responding to a question from Mayor Mertensotto, Treasurer
Shaughnessy stated that Mr. Kullander had contacted the original
painter and reviewed the architect's specification for City Hall to be
sure that the same materials aze being used as were originally used.
Council directed Public Works Director Danielson to verify that the
correct materials are used in the project.
Councilmember Huber moved to authorize issuance of a purchase
order to R&R Clean & Seal for its low quote of $3,350 for exterior
paint and stain repairs to City Hall and to release all other bids
`
1
Page No. 4
September 17, 1996
received for the project.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
PEACE BY PEACE Council acknowledged a memo from Administrator Batchelder
regarding a proposed resolution for building non-violent
communities. Dakota County Attomey James Backstrom and
County Commissioner Patrice Bataglia were present for the
discussion.
Mr. Backstrom stated that October is Violence Prevention Month,
and the Dakota. Council for Healthy Communities is sponsoring a
violence prevention initiative. He stated that crime and violence in
the communities is a significant issue, citing statistics on increased
adult and juvenile crime rate increases over the past five yeazs. He
urged Council to adopt the proposed resolution and responded to
Council questions.
Commissioner Bataglia, Chair of the Dakota. Council for Healthy
Communities, discussed ways in which the city can get involved and
informed Council that the Dakota Council for Communities and the
DAP have merged into the Dakota Partnership for Healthy
Communities. She asked for continued Council support for
prevention initiatives.
Mayor Mertensotto asked that October 10 be declared "Turn off the
Violence Day."
Councilmember Huber moved to declare October 10, 1996 as "Turn
off the Violence Day."
Councilmember Smith seconded the motion.
Ayes: 5 �
Nays: 0
Councilmember Koch moved adoption of Resolution No. 96-74, "A
RESOLUTION BUILDING NON-VIOLENT COMMUNITIES ...
PEACE BY PEACE."
Ayes: 5
Nays: 0
Councilmember Huber seconded the motion.
Commissioner Bataglia invited Council to the ribbon cutting
ceremony for the Big Rivers Trail on September 24.
AUDIT Mr. Steve Laible, from KPMG Peat Marwick, was present to review
the city's 1995 Annual Financial Report. He stated that the audit �
was very efficient and shows excellent financial management.
�
Page No. 5
September 17, 1996
Responding to a question from Councilmember Huber regarding
internal control procedures, he stated that the auditors did look at
internal procedures and the city is using standard control and
internal checks and balances are thorough.
HEARING - CURLEY'S ' Mayor Mertensotto opened the meeting for the purpose of a public
ASSESSMENTS ; hearing on proposed assessments for the Curley's Valley View
Heights street improvement project. Council acknowledged a memo
� from Public Works Director Danielson and the proposed assessment
i roll.
Mayor Mertensotto asked for questions and comments from the
audience.
Mr. Gene Engel stated that he is pleased with the improvements and
his only criticism is that there was not enough communication from
the city during the project, and that flyers informing the residents on
the stages of the project would have been helpful.
Engineer Mogan stated that he understands the concem and there are
some things staff could do to keep people informed. He explained
that staff is informed by a project contractor when he is going to do
work about the time he begins the work, and it would be nice to have
a project hot line set up to keep residents informed.
Mayor Mertensotto agreed, stating that the information would need
to be continually updated. He suggested that for future projects, the
contract specification should stipulate that the contractor must
submit a work schedule to City Ha11 one week in advance, and that
staff work out a procedure for distributing that information to
property owners to keep them informed on the project.
Councilmember Huber stated that the hot line would not be so much
a tool for residents to call in with complaints or questions but rather
so that they could get an update on the work plan for the coming
week.
Mayor Mertensotto suggested that there be two numbers for people
to call, one for recorded messages and the other for complaints.
Engineer Mogan then responded to Council questions on the project
status and to a home owner's question regarding the warranty on
sod.
There being no further questions or comments, Councilmember
Huber moved that the hearing be closed.
Page No. 6
September 17, 1996
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
Councilmember Krebsbach moved adoption of Resolution No. 96-
75, "RESOLiTTION ADOPTING AND CONFIRMING
ASSESSMENTS FOR THE RECONSTRUCTION/REHABILITA-
TION IMPROVEMENTS TO SERVE CURLEY'S VALLEY
VIEW ADDITION AND SURROUNDING AREAS
(IMPROVEMENT No. 93, PROJECT NO. 4)."
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
ASSESSMENT HEARING- Mayor Mertensotto opened the meeting for the purpose of a public
MENDOTA MEADOWS hearing on proposed assessments for public improvements
constructed to serve the Mendota Meadows addition. Council also
acknowledged a memo from Public Works Director Danielson along
� with a copy of the proposed assessment roll.
Mayor Mertensotto asked for questions and comments from the
audience.
There being no questions or comments, Councilmember Huber
moved that the hearing be closed.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
Councilmember Huber moved adoption of Resolution No. 96-76,
"RESOLUTION ADOPTING AND CONFIRMING
ASSESSMENTS FOR SANITARY SEWER AND STREET
IMPROVEMENTS TO SERVE MENDOTA MEADOWS
(IMPROVEMENT NO. 96, PROJECT NO. 1).
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
ASSESSMENT HEARING - Mayor Mertensotto opened the meeting for the purpose of a public
SWANSON' S 2'''D ADDITION hearing on proposed assessments for public improvements
constructed to serve the Swanson's 2nd Addition. Council
acknowledged a memo from Public Works Director Danielson along
with the proposed assessment roll.
Mayor Mertensotto asked for questions and comments from the
audience.
Page No. 7
September 17, 1996
There being no questions or comments, Councilmember Huber
moved that the hearing be closed.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
Councilmember Krebsbach moved adoption of Resolution No. 96-
77, "RESOLITTION ADOPTING AND CONFIRMING
ASSESSMENTS FOR SANITARY SEWER, WATERMAINS,
STORM SEWER AND STREET IMPROVEMENTS TO SERVE
IVY FALLS SOLTTH ADDITION (IMPROVEMENT NO. 95,
PROJECT NO. 3)."
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0
HEARING - BUNKER Mayor Mertensotto opened the meeting for the purpose of a public
HILLS STREETS � hearing on proposed street reconstruction improvements to serve the
' Bunker Hills neighborhood. Council acknowledged the feasibility
i report, an update report from Engineer Mogan, and letters from
; Ronald J. Coulter, 828 Hilltop Road, Mr. & Mrs. Steven Markes,
1 745 Hilltop Road and Mr. & Mrs. Ben Bayless, 821 Hilltop Road.
Mayor Mertensotto explained the urban street standard for the
audience.
� Engineer Mogan reviewed the history of the proposed project. He
� stated that the Bunker Hills is obviously in need of new streets, and
' the city has received requests form the neighborhood. He described
i the project area and the streets which are proposed to be improved,
explained that the 1.9 miles of streets were originally constructed in
; 1970 with a six inch gravel base and two inches of blacktop. He
' explained that over the past 26 years, the streets have deteriorated
' and maintenance is no longer either effective or prudent, and that he
; is recommended reconstruction of the streets to a 33 foot width with
six inches of gravel base and 3'/2 inches of blacktop, storm sewer
1 and curb and gutter. The estimated project cost is $788,000, and
,
' under the street rehabilitation policy which was adopted in 1992, the
i city will assist by funding 50% of the improvement costs for urban
construction. He stated that in this case, he is recommending
� funding of about 55% because some of the costs aze outside of the
! street work. He informed the audience that 741ots are proposed to
be assessed, and that he is proposing that the city pay an equivalent
'- assessment for the six double fronta.ge lots on Hilltop, which results
` in 801ots to be assessed at $4,580 per lot. He stated that the
; proposed assessment rate is the same for every lot, regardless of
street frontage. He also suggested that the lots on the ally pay only
Page No. 8
September 17, 1996
for the alley improvement costs at about $1,900 per lot and not for
the street improvement, and that the city contribute the difference
between the $4850 typical assessment and the $1,900 assessments
for those lots. He stated that the alley would have curb and gutter
but would be paved to about 22 feet wide.
Mayor Mertensotto asked for questions and comments from the
audience.
Ms. Molly Brady stated that she lives on the Arvin Drive cul-de-sac
and Valley Curve and asked if she will have an extra assessment and
if the streets will be wider than they are now. She stated that there is
a brick wall that is part of her driveway and she was concemed that
it would be removed.
Mr. Mogan responded that there would only be one assessment and
that city sta.ff will work with the individual lot owners where there
are special circumstances, like the wall.
Ms. Nancy Ketler stated that she understood there are two options
available, either simply paving the streets and paying 100% of the
cost or agreeing to curb and gutter and receiving city assistance for
55% of the project.
Engineer Mogan responded that there are really four options: to do
nothing; to upgrade the streets to city standard; total reconstruction
to a rural section; and a simple overlay. He explained that the
simple overlay would cost each homeowner between $2,500 and
$2,700 per lot and would be assessed over 10 years, but it would
only be a Band-Aid approach which will not address any of the
structural problems of the street. The third option, reconstruction to
rural section, would cost about $4,000 per lot.
Mr. Dick Gatti stated that there are some ponds and creeks that the
water currently drains to. He asked if they would be closed off and
dry up if the new storm sewer is installed. He also asked about
driveways and how the curbing will lead into areas where curb will
not be installed, like the alley.
Engineer Mogan responded that the existing drainage pattems will
be maintained with the possible exception of the Ridge Place cul-de-
sac that drains in a northwesterly direction. He stated that the which
currently flows to the existing creek at Valley and Willow will still
flow to the creek in the new drainage system. Responding to the
driveway question, he stated that driveways will be replaced where
grades need to be matched, and there will be drop curbs leading into
Page No. 9
September 17, 1996
areas where there will not be curb and gutter. He informed the
� audience that the properties on the alley do not receive the same
,
� level of benefit, which is why he is recommending that they be
; assessed at $1,900. Responding to a request from Councilmember
, Huber, he discussed the possibility of homeowners reconstructing
, their driveways under the contract price, outside of the $4,800
� assessment and at the expense of the homeowners.
Mr. John Ha stated that Ridge Place is 21 feet wide now and
asked why feet is proposed. He stated that there are six homes on
the cul-de-s d there will never be any more homes on the cul-de-
sac. �j2 2
�
Mayor Mertensotto responded th 22 fe is the standard street
width for the urban street option the street reconstruction/
rehabilitation policy.
�2
Engineer Mogan stated that there have been deviations from th�
foot standard in cases where there have been extenuating
circumstances.
Mr. Sten Gerfast asked when the project would begin if bids aze let
in eazly spring, and how many weeks the streets will be undriveable.
Engineer Mogan responded that he would expect construction to
start about May 1 and would anticipate that the neighborhood would
be inconvenienced for about eight to nine weeks. He pointed out
that not every road would be torn up at the same time and residents
would always have access to their properties except during the time
when curb and gutter is being installed.
Ms. Alice Lindbergh, 1808 Valley Curve, stated that she is in favor
of curb and gutter and that she has a problem with drainage at the
bottom of her driveway.
Mr. Jerome Kaufer asked the anticipated life of a simple overlay and
why there would be no city subsidy.
Engineer Mogan reviewed the rehabilitation policy, stating that the
city contributes to the cost of full reconstruction because it is in the
city's best interest to install curb and gutter since the streets last
longer and require less maintenance, which saves money over the
life of the streets. Regarding the life of an overlay, he stated that it
is very difficult to estimate but that if the existing streets are in bad
shape, an overlay may last for ten years.
Page No. 10
September 17, 1996
Mr. Ben Bayless asked what procedure the residents should follow
to decide what they want done.
Mayor Mertensotto responded that if there is objection to full
reconstruction, the city will not pursue it and the residents would
have to submit a petition to indicate what they want done. He
informed the audience that Council needs to know what the
neighborhood wants done.
Mr. Bayless stated that he does not want curb and gutter because
there is too much contrast between stark white concrete and blacktop
coming into a rural neighborhood.
Mayor Mertensotto responded that if the neighborhood petitions for
rural streets without curb and gutter, then the city will not pay any of
the costs and the assessment would be nearly the same to the
residents as if the roads were reconstructed to urban standard with
city participation. �
Mr. Steven Markes, 745 Hilltop Road, stated that he has always had
problems with drainage and that he is in favor of curb and gutter.
He felt that the streets with curb and gutter look neater and suffer
less blacktop breakage. He stated that his property backs on the
alley and there are many children in the neighborhood and he does
not want the traffic to move faster because of new streets. He asked
if Council would consider installing speed bumps on the alley. He
also sta.ted that the alley only needs to provide access to the six
homes.
Engineer Mogan responded that the city easement is 40 feet wide
and he is recommending that the a11ey be paved to 22 feet wide
rather than the existing 17 foot width.
A lady in the audience stated that she surveyed the six people who
live on the alley and they would like it to remain gravel. She asked
what the path along Valley Lane would be and who could use it.
She stated that everyone is interested in keeping it quite and unused.
Engineer Mogan responded that no vehicles would be allowed on
the path except for city vehicles and that the city would maintain it
like the bituminous city trails. He pointed out that at this time the
path is just his suggestion and that Council is looking for feedback
from the neighborhood. He explained that if the path is constructed,
the city would try to make it difficult for illegal entry by the general
public.
Page No. 11
September 17, 1996
Mr. Mazkes stated that Mn/DOT came out and judged the
intersection of Dodd and Hilltop to be a very dangerous intersection
because of visibility. He asked if it would be possible to make
Hilltop Road a cul-de-sac.
Mayor Mertensotto responded that it would not be possible and that
there should be as good circulation into the neighborhood as
possible.
Mrs. Bev Bayless sta.ted that she did a survey of Hilltop Road and
Court, and 20 people just want the streets redone with no added
width and four wanted curb and gutter. She stated that there were
several options given this evening and asked if the neighborhood can
do another survey.
Mayor Mertensotto stated that they should re-survey and that city
sta.ff would provide the neighborhood with factual information.
Mrs. Bayless asked if all of Bunker Hills needs to be done the same.
She stated that the Hilltop residents want one type of improvement
and the Valley Curve residents want another.
Mayor Mertensotto responded that the improvements must be
uniform.
� Councilmember Krebsbach encouraged the residents to hold a
meeting at City Hall to discuss the options.
• Mr. Jerry Springer, 820 Hilltop, asked whether modified curbs could
; be installed, like in Eagan, rather than the full curb as is proposed.
� Mayor Mertensoto responded that surmountable curbs are subject to
' snowplow damage and do not last.
+ Mr. Mark Zaman, 1801 Valley Curve, stated that he questions
, whether his section of Valley Curve needs to be the full road width
; because there are only houses on one side of the street.
' Mayor Mertensotto stated that staff will look at whether the width
� could be reduced.
� Mr. Dave Boyem, 1940 Wachtler, asked whether his underground
� sprinkler system will have to be removed and was also concerned
, about his mailbox.
Page No. 12
September 17, 1996
Engineer Mogan responded that property owners are asked to locate
their sprinklers for the contractor and the contractor will try to work
around them, and mailboxes will be relocated during construction.
He informed the residents that any damage which may occur as the
result of construction will be repaired under the contract.
Ms. Maureen Wilkie, 781 Ridge Place, asked if the alley will last as
long as the rest of the new streets. She also asked why the people on
the alley are only being assessed $1,900 when the other property
owners will be assessed over $4,000 if curb and gutter is installed.
Engineer Mogan responded that there will be no curb and gutter, so
if people drive on the edge of the blacktop, the alley will have a
shorter life. Regarding the proposed alley assessment, he stated that
existing material can be used in conshucting the alley and there is
much more work required for reconshucting the streets.
Mr. Brian Birch, 755 Willow Lane, stated that he is happy to see that
Valley Curve is proposed to be an eight foot path because it is full of
debris now and is used for late night partying. He also stated that he
needs curb and gutter in front of his home because the water that
comes down the street now creates problems on his lot. He asked
how the area will be drained so that he and his neighbors do not get
water in their basements.
Engineer Mogan responded that the drainage problems on�Mr.
Birch's property and his neighbor's will be addressed as part of the
project.
Mr. Birch stated that he does not feel it is fair for the people on the
alley to pay less, since they use the neighborhood streets every day
and as a community and neighborhood, everyone should be treated
the same.
Ms. Shelly Smith, 1823 Valley Curve, stated that she has small
children and would really appreciate the eight foot path on Valley
Curve. She also stated that she has been waiting for curb and gutters
for thirteen years and is in favor of it, and suggested that Arvin
Drive be left at its current width since there are only three homes on
it.
In response to a resident request, staff was directed to prepare an
informational fact sheet for the neighborhood, describing the four
options. Staff was also directed to make sure that the manhole
covers are childproof if the project is ultimately approved.
�
Page No. 13
September 17, 1996
Mr. Joe Stefani asked under which of the four options will the storm
sewer be implemented and stated that it is his opinion that the
remodeling of the storm sewer is at least as important as
reconstructing the streets.
Engineer Mogan stated that storm sewer would be installed under
the city standard option. �
Responding to a question about the possibility of having the utility
lines buried, Engineer Mogan stated that he will check with the
utility companies. He sta.ted that he is sure the utilities would put
the lines underground if the neighborhood is willing to pay for it.
Mrs. Betty Schuster, 1900 Wachtler, stated that she is in favor of
curb and gutter but would hate to have her street widened because it
will take so much properiy from people's yazds. She pointed out
that plows do destroy the yazds and curb and gutter will protect the
yards, and if she would be paying $4,000 for just a partial project
she would rather pay $4,800 for a full project.
+ Mayor Mertensotto informed the audience that Council would take
� no action tonight but would direct staff to send an informational fact
' sheet to the homeowners. He suggested that the neighborhood do a
, survey to see if a consensus can be reached.
A lady in the audience suggested that the survey include a�mail-in
reply card.
Councilmember Smith suggested that the reply also include a
comment section.
There being no further questions, Mayor Mertensotto called a recess
at 11:02 p.m. The meeting was reconvened at 11:10 p.m.
ZIGGY'S CELEBRATION ° Council acknowledged letter from Mr. Larry Mack requesting
'; permission to conduct a one yeaz anniversary party for Ziggy's Deli
at the Mendota Plaza on October 5. Council also acknowledged an
associated memo from Administrative Intern Hollister and a letter
' from Paster Enterprises.
Mayor Mertensotto stated that noise from the band, which Mr. Mack
requested be allowed to play from 8 to 10 p.m., could be very
disturbing to the neighbors and could cause problems. He asked
whether it is necessary to have the band unti110 p.m., pointing out
that there are homes on Creek Avenue which could be impacted by
Page No. 14
September 17, 1996
the noise, particularly if it is a windy day. He asked if the music
could be curtailed by 9 p.m.
Mr. Mack stated that he is proposing a family get together and
neighborhood families will be invited along with members of the
MHAA. He stated that the band is reserved for four hours and he
would have no trouble having them start earlier and finishing earlier,
and 9 p.m. would be acceptable. Responding to a question from
Councilmember Krebsbach, he stated that he would like the outdoor
barbecue and band in front of the store, and that the drawing he
submitted to show the area where he would like to hold the outdoor
activities is just a proposal. He stated that another option is to rope
off ten parking spots near his store to the liquor store. He informed
Council that there would be no thru traffic in the area where the
bazbecue will be held.
Mr. Mack stated that he is proposing a family event for customer
appreciation, especially directed towards the MHAA, and for the one
year anniversary, and also to celebrate the success of the women's
softball which Ziggy's sponsored. Responding to a question on how
he would control people bringing in liquor, Mr. Mack stated that he
will not serve liquor and that he will speak to the police department
for support.
Mayor Mertensotto informed Mr. Mack that if the event is approved,
he cannot dispense anything in breakable containers and must take
care of all refuse. He also asked about sanitation facilities.
Mr. Mack responded that everything will be served in disposable
containers. He stated that DD's Dance Studio would like to
participate and would allow its bathrooms to be used for the event in
addition to those at Ziggy's. He further stated that he will provide
additional sanitation (portable facilities) and additional staff to help
with refuse control. He explained that all of the food will come
from inside the restaurant but that there will be one grill outside for
burgers and hot dogs. He stated that there will be no outside
advertising, and that the only advertising will be in the Sun Current,
word of mouth and mailers to the MHAA coaches. He informed
Council that the music will be back to the 50's and will not be hard
rock.
Councilmember Krebsbach stated that Mr. Mack had originally
proposed a coffee house environment and what he is proposing now
is more of a street dance.
Page No. 15
September 17, 1996
Mr. Mack responded that he wants to conduct the celebration as an
annual event but he still wants Ziggy's to be a coffee house. He
informed Council that he is expanding next door to handle all of his
business and will have a one-man guitar player inside the store this
winter when the addition is finished.
Councilmember Krebsbach stated that the proposal is a departure
from what was originally discussed and that she would support it as
a first anniversary celebration only.
Mayor Mertensotto pointed out that Mr. Mack must abide by state
statutes on food handling and must follow all sta.te regulations. He
further stated that Mr. Mack will be required to rent portable
sanitary units and that there could be no music or amplifiers after
9:30 p.m. He stated that Mr. Mack will also have to work with the
police department about what can be cordoned off. He asked if there
will be a canopy or tent for the food area.
Mr. Mack responded that there will be a canopy over the food area
but there will not be any stakes to hold it. He stated that he does not
want to use a tent, but that is contingent on weather.
Mayor Mertensotto informed Mr. Mack that he will need to provide
a certificate of insurance naming the city as an additional insured on
his liability insurance policy, and also must provide trash removal.
He asked about lighting for the event. �
Mr. Mack stated that there will be some stage lighting for a sma11
platform stage and that he will make special arrangements with his
trash hauler, and his staff and volunteers will pick up any refuse.
Mayor Mertensotto pointed out that if the permission is granted, it
would be as a special event permit with no guarantees on future
pernuts.
City Attorney Hart stated that the city is not specifically approving
the type of tent, etc., nor will it approving each of the items in Mr.
Mack's letter, but rather is just approving the pernut without any
guarantee on future requests.
' Councilmember Huber moved to issue a special event pernut for
' Ziggy's Deli for October 5, providing that there be no music after
, 9:30 p.m., that the event be concluded by 10:30 p.m., that the band
play between the hours of 6:30 p.m. and 9:30 p.m., that Mr. Mack be
; pernutted to cordon off a portion of the shopping center from 11:30
� a.m. to 10:30 p.m. that Paster Enterprises submit a letter agreeing to
Ayes: 5
Nays: 0
Page No. 16
September 17, 1996
the time and plan being proposed by Mr. Mack, and the conditions
stated in the discussion by Mayor Mertensotto.
Councilmember Smith seconded the motion.
Public Works Director Danielson stated that Mr. Mack is proposing
a banner sign on his store or a pylon sign.
Mr. Mack stated that he is asking for either a banner sign or some
type of portable pylon sign like the one used by the fire department
for events, which he would like to place at the Dodd Road entrance
to the shopping center two days prior to the event.
MN/DOT LOGO SIGNS Council acknowledged a memo from Administrator Batchelder
regarding the Mn/DOT Logo Sign Program, along with Mn/DOT
and Minnesota Logos and an excerpt from state statute.
Mayor Mertensotto stated that Council objects that the city has a
sign ordi.nance and policy and is not getting any cooperation from
Mn/DOT on the signs along the freeway. He sta.ted that Mn/DOT
calls the signs directional signs but they are in fact advertising signs.
Mayor Mertensotto directed Administrator Batchelder to send a
letter to Mn/DOT to see if they will make any concessions, sending
a copy of the communication to the city's legislators.
Councilmember Smith stated that Council will ultixnately have to
deal with the city's legislators.
VARIANCE POLICY Council acknowledged a memo from Administrative Intern Hollister
regarding a Planning Commission recommendation that Council
consider amending the Zoning Ordinance to allow Council to grant
variances at its discretion with certain conditions.
Mayor Mertensotto stated that he has a problem with the
recommendation, stating that there might be a question of legality,
and that there must be some standards by which City applies the
ordinance, and if the recommendation were adopted Council would
be passing its authority to the neighbors of an applicant if consent
was the basis for approval. He felt that the recommended action is
totally inappropriate and should not be considered - Council would
be delegating its responsibility without setting standards.
Councilmember Krebsbach pointed out that accepting the approval
of the neighbors assumes they are fully and correctly informed and
also would put too much pressure on them. �
CASE NO. 95-14, CRUZ
`
Page No. 17
September 17, 1996
Councilmember Smith sta.ted that the intent of the recommendation
is to allow latitude but not give up control. ,
Councilmember Huber stated that what is proposed would eliminate
any basis for denying a variance application.
Council acknowledged a memo from Public Works Director
Danielson regarding the Cruz variance case. Discussion was tabled
to a future agenda.
WORKSHOP ; Council acknowledged a memo form Public Works Director
Danielson regazding establishing a date for a workshop to consider
� future use of the Freeway Road right-of-way. Staff was directed to
' forward the Barr Engineering report to Council and bring the matter
back on a future agenda.
MEETING DELAY ' Councilmember Smith moved to reschedule the November 5
� Council meeting to convene at 8:00 p.m. so as not to conflict with
�
� the hours of election.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
TRUTH IN TAXATION Council aclaiowledged a memo from Treasurer Shaughnessy
MEETING informing Council that the Truth In Taxation hearing must be
' conducted on December 4 and recommending that the Deeember 3
meeting be rescheduled to December 4 so that both the regular
� meeting and hearing can be held on the same day. It was the
� consensus of Council to conduct the meeting on the regularly
; scheduled date.
MINLTTE AMENDMENT , Councilmember Krebsbach moved to amend page 10 of the minutes
� of the September 3, 1996 Council meeting.
� Councilmember Huber seconded the motion.
Ayes: 5 ,
Nays: 0 ;
COLTNCIL COMMENTS , Councilmember Smith stated that she would like additional
; information regazding the recommendation to expand the Recreation
' Programmer position to full time and asked that Council be provided
'• with a proposal which would outline exactly what expansion of the
position would do for the city. She explained that she would like to
� know the types of programs that would be added and what other
' programs aze available to city residents. _
�
Page No. 18
September 17, 1996
Mayor Mertensotto felt that furkher discussion is needed, stating that
he has heard from people in the MHAA that if the city is going to
have a full time person, the city should take over the scheduling of
MHAA programs. He asked staff to research what other cities aze
doing with their proposed levies.
Councilmember Smith asked staff to define the parameters of what
the position would entail and what expansion of the position would
do for the city.
Councilmember Huber sta.ted that he does not think the Recreation
Programmer would take on scheduling for MHAA and pointed out
that the city is not trying to take over MHAA programs.
Administrator Batchelder informed Council that there has never
been a recommendation that the Recreation Programmer duties
include scheduling for MHAA nor that the city get involved in
MHAA business. He further stated that the city does not wish to
duplicate any of the MHAA programs.
Council directed staff to prepare a report indicating how expansion
of the position would use existing resources within the city, giving
the numbers and categories of residents who would be served by
position expansion and cost versus benefit information.
ADJOURN There being no further business to come before the Council,
Councilmember Krebsbach moved that the meeting be adjourned to
closed session for labor negotiation discussion.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
ATTEST:
Charles E. Mertensotto
Mayor
TIME OF ADJOURNMENT: 12:03 o'clock A.M.
Kathleen M. Swanson, City Clerk
ATi'ACHED PLEASE FIND THE CORRECTIONS TO THE OCTOBER 1, 1996
MINUTES. THESE MINUTES WERE REVIEWED BY COUNCIL AT THEIR OCTOBER
15, 1996 MEETING AIVD ALL COUNCIL CORRECTIONS HAVE BEEN UNDERLINED.
IF YOU NEED A FULL SET OF MINUTES, PLEASE GIVE KIM BLAESER A CALL.
THANK YOU. �
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Page No. 2
October 1, 1996
f. Acknowledgment of a memo from Public Works Director
Danielson regarding I-35E highway noise, along with two
letters from Mn/DOT responding to the noise complaint from
the city.
g. Approval of the appoinhnent of Patrick Hollister as
Administrative Assistant at Level XXI of the city's pay
matrix with a beginning annual salary of $33,119.
h. Approval of the probationary appointment of Amy Griffin as
Receptionist/Clerk-Typist, effective October 14, 1996, at
Step A, Grade I of the city's pay matrix.
i. Authorization for an expenditure of up to $3,600 for the
purchase of a computer system to be funded jointly by the
Administration and Engineering Departments.
j. Approval of the list of contractor licenses dated October l,
1996.
k. Approval of the List of Claims dated October 1, 1996 and
totaling $352,957.20.
1. Approval of the permanent appointment of Police Officer
Brian Convery, effective October 3, 1996.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
BONFIRE Council acknowledged a memo from Senior Secretary Kim Blaeser
regazding the a.nnual Halloween Bonfire. Council also
acknowledged a memo from Fire Captain Jim Kilburg requesting
city financial assistance for the event, and a letter from Paster
Enterprises approving the use of shopping center property for the
bonfire.
Captain Kilburg, present for the discussion, stated tha.t the Fire
Department would like to conduct the bonfire tlus year, carrying on
the tradition established by the Russ Wahl family.
Mayor Mertensotto asked who would be in charge of the event, and
pointed out that all food handling must be in accordance with state
food handling and genera.l health rules. �
Page No. 7
October 1, 1996
many of the covenants of Ponds of Mendota clearly prohibit the type
of tower that is proposed.
Mayor Mertensotto responded that Council is not governed by
restrictive covenants but it has been his experience that restrictive
covenants pretty much follow a norm based on the value of the
neighborhood. He asked Mr. Beckma.n if he was aware of the
neighborhood protective covenants at the time he purchased his
property, and if there are restrictions from mounting things on the
roof, why Mr. Beckman would want to get involved in ham radio
operation.
Mr. Beckman responded that he knows that the covenants are
outside of the purview of the Council but he has made a copy of the
covenants that are on record with the county, and he distributed
copies to Council. Mr. Beckman stated that he is not a real estate
person but does have good counsel at times and before he purchased
his lot he retained an attorney who counseled him to get a copy of
the covenants.
Councilmember Krebsbach asked if Mr. Beclanan had alwavs
intended to put up the antenna and if he requested a co�,v of the
covenants from the countv when he purchased the home. She
further asked if had not been aware of the covenants that were
common lrnowled�e to the neighborhood.
Mr. Beclanan responded that it was not always his intent to install
the antenna but that he acquired a copy of the covenants because it
was his intent to find out the value of the land for himself and his
wife and the restrictive covenants represented a value to them. He
informed Council that over the past three to four years he has spent
over $100,000 updating his home and adding an addition, and at the
time he had the addition constructed he asked the county recorder
what the restrictive covenants were so that he would not be throwing
money away by putting in an azea for ham radio operation.
Mayor Mertensotto stated that Mr. Beckman has enumerated a very
detailed procedure in purchasing his home. He asked if Mr.
Beclanan also checked to see if there were any height restrictions.
Mr. Beckman responded that he did not and that he was surprised to
find out that he could not erect a structure the same height as his
house. He stated that if he wanted to put up a 25 foot simple beam
type of antenna the ordinance is stacked against it, and he was very
surprised to find that he could not erect a structure that is the same
height as his home which did not require a height variance.
Page No. 10
October 1, 1996
two property owners who live across the pond. He stated that he
applied for a building permit in August and was shocked that he
needed a wetlands permit, because the original site plan for his lot
showed a pool.
Mayor Mertensotto responded that a permit is required when
something is done and must stand on its own merits. He sta.ted that
Mr. Bachman did not apply for a wetlands permit with his original
building permit. He pointed out that the City Planner has
recommended that a silt fence may be needed, and the determination
should be made during the building permit inspection process.
Mr. Bachman responded that the work will be 20 feet away from the
wetlands and that the pool will only be five feet deep and most of
the soil will be put back.
Councilmember Krebsbach pointed out that Mr. Bachman
appazently plans to empty the pool into the pond.
Mr. Bachman responded that he is putting in a chemical free
purification system so it will not harm the pond water.
Councilmember Krebsbach asked what guarantee there is that a
future owner will not change the system and use typical chemicals.
Public Works Director Danielson responded that people aze allowed
to empty their pools into the sanitary sewer system but cannot dump
the water into the storm sewer.
Councilmember Huber moved adoption of Resolution No. 96-82, "A
RESOLUTION FOR A WETLANDS PERMIT FOR 2464
BRIDGEVIEW COURT FOR THE CONSTRUCTION OF A
REAR YARD POOL AND ACCOMPANYING STRUCTURES."
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
RECREATIONAL VEHICLES Council acknowledged a memo from Public Works Director
Dazuelson regarding a request from Mr. & Mrs. Mike Neska for a
proposed Zoning Ordinance amendment to tighten up the
requirements on storage of recreational vehicles in residential areas.
Mayor Mertensotto briefly reviewed the matter.
Public Works Director Danielson stated that Mr. & Mrs. Neska were
intending to be present for the discussion but aze not present. He
Page No. 11
October 1, 1996
stated that the current ordinance language is vague on parking versus
storage and the city attomey would like to strengthen the language.
Councilmember Smith stated that if there is ambiguity in the
ordinance it should be clarified, and the language does not need to
be just as it applies to recreational vehicles, but to stora eg; of all
vehicles.
Mayor Mertensotto stated that he feels that staff should prepare a
proposed amendment for review by the city attorney and then by the
Planning Commission. He explained that it has never been the city's
practice to allow side yard storage in residential districts.
City Attorney Hart responded that to the extent that Council is
discussing vehicle storage, a single term (either parking or storage)
should be used.
Councilmember Smith felt that there should be clarification in the
ordinance on what is sideyard and what is front yard.
Administrator Batchelder stated that there is ambiguity between the
definitions of side yard and front yard, and it is sta.ff's understanding
that the intent of the ordinance is to keep recreational vehicles no
more forward than the structure on the property.
Mayor Mertensotto agreed, and asked what mea.ning there is to the
thirty foot front yard setback if storage is allowed there.
FIRE STATION REPAIRS Council acknowledged a memo from Building Manager Guy
Kulla.nder regarding roof leaking at the fire station.
Administrator Batchelder reviewed the memo, informing Council
that there has been a leaking problem during rainfall due to a
malfunction of the repair work done under warranty in 1994. He
informed Council that it is his understanding that the manufacturer
considers the roof to be beyond the warranty period, and minor
repairs have been made to stop the leaking. He stated that the
question this time is whether the roof should be evaluated by a
professional , and if the professional recommends replacing rather
than repairing the roof, the question is whether replacement should
be authorized. He informed Council that it is his understanding that
the cost of repair is about half of the cost of replacement and it is
likely that repair would only last two years.
Councilmember Smith asked what the typical life of this type of roof
is, pointing out that twelve years seems a very short time.
CITY O� MENDOTA HEIGHTS
DAKOTA COUNTY, MtNNESOTA
PLANNING COMMISSION MINUTES
CICTOBER 22, '199fi
The regular meeting of the Mendota Heights Planning, Commission was held on
Tuesday, October 22, 1996, in the City Hali �ouncil Chambers, 1143 Victoria
Curve. The meeting was called to order at 7:31 p.m. The following members
were present: Dwyer, Koll, Friel, Betiej, Lorberbaum, Duggan and Tilsen. Atsa
present were Public Works Director Jim Danielson, Planning Consuttant Meg
McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim
Blaeser.
APPROVAL OF MINUTES
Commissioner Eriel maved approval of the September 24, 1996 minutes.
Commissioner lorberbaum seconded the motion.
AYES: 7
NAYS: 0 -
CASE NU. 9fi-27: . ' � ' � � � �
WOOLSEY - W'ETLANDS PERMIT
Mr. Chris Vlloqisey; of 2316 Lake LeMay Road, informed the Commissian
that he Fias encauntered easement problems and that he is unable to pursue
his application for a Wetlands Permit at this time. He requested that the
Planning Commission table discussion on ,this matter. :
Commissioner Friel moved tb table Mr. Vt►oolsey's request far a Vlletlands
Permit by acknowledging that Mr. Woolsey consents to a waiver of the
current;120-day.r�:viewat period and the initiation of a new 120-day review
period to commence�the day of the Planning Commission meeting at which
the discussion of Mr. Vt/oolsey's Vt/etland Permit apptication wilt be resumed.
Commissioner Lorberbaum seconded�the mcifiu�n.:. .
AYES: 7 �
NAYS: � . 0
1
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CASE NO. 96-31:
ACACIA CEMETERY -
VARIANCE
Mr. Kent Bentley, representing Acacia Park Cemetery, located at 2151 Pilot
Knob Road, was present to request a Height Variance which would allow
the construction of a memorial bell tower and flagpole.
Chair Dwyer explained that Acacia Cemetery would like to relocate its
flagpole and erect a bell tower at its entrance on Acacia Boulevard and Pilot
Knob Road. The proposed height of the bell tower is 40' and is proposed to
be located at the entrance where the flagpole is located now. The height of
the flagpole will be 30' and will be relocated to the back of the parking lot
(to the west). The height variances requested are:
1. 7.5 feet for the flagpole, and
2. 17.5 feet for the bell tower.
Chair Dwyer stated that signatures of consent have been obtained to waive
the public hearing as per Section 5.5(4) of the Zoning Ordinance.
Chair Dwyer stated that the FAA has acknowl�dged receipt of this request
and has determined that the proposed construction would not exceed FAA
obstruction standards and would not be a hazard to air navigation. The
FAA �has�also determined that obstruction marking and lighting are not
necessary. �� � � �
Commissioner Duggan moved to recommend. that the City Council grant the
variance request. He stated that it appears �here�is no specific hardship
related to th:e land in. question. � . � �
Commis'sioner Betlej second�d the motion.
In response_to a-question from Commissioner Lorberbaum, Mr. Bentley
stated that the bell tower is a gift to the cemetery. In response to a
question from Commissioner Koll regarding the amount of noise generated
by the bell tower, it was explained that the normal decibel level� for bell
tones is 56-decibels._ �This particular bell tow�r�:will have a multiplicity of
bells.which is a carillon .(amplified) systerri. � The �majority of the sound will
carry .down toward the hill (about 2/3 of the noise) and the remaining 1/3
will carry in the dir�ction of the residential area.
Commissioner Duggan inquired about covenants protecting the tower from
2 � .,
�
cellular antennae �attachments. Acacia representatives stated that they do
not want cellular attachments on the tower. Commissioner Duggan
concurred.
Commissioner Friel inquired about the flag pole height reduction. Mr.
Bentley explained that because the flagpole is being moved closer to MSP
runway, the height had to be reduced. .� � �
VOTE ON MOTION
AYES: 5
NAYS: 1, LORBERBAUM
ABSTAIN: 1, FRIEL
CASE NO. 96-32: _
CITY OF MENDOTA HEIGHTS -
INETLANDS• PEFiMIT AND
CONDITIONAL USE PERMIT FOR
LAND RECLAMATION�
Public Works Director Danielson explained _that the City of Mendota Heights
is requesting approval of a Wetlands Permit and a Conditional Use Permit for
Land� Reclamation which would allow the City�to improve the
pedestrian/cyclist �crossing .in ti�e southeast corner of the intersection of
Highway �149 �and '110. The City proposes to fill an area of approximately
40 feet wide on the east side of Highway 149 to construct a right turn lane,
a six foot wide boulevard and an eight foot wide pedestrian path. He
explained the existing_storm sewer pipe will bQ extended to handle the
water runoff. He stated that 4,000 cubic yards of fill will be needed for the
project.
Danielson'eicplained'that tFie City is required to process these permits as per
the City's Ordinance requirements. He stated the 4,000 cubic yards of fill
will be from the Dakota County HRA site. ��He stated the fill will consist of
clay and sand.. He explained that the work wi�j be done by a contractor and
that City staff wi(I b� diligently watching ove��the'contractor. �He explained
that staff is �still working on the specifications for this job. Danielson stated
that a silt fence will be erected around the fill site.
Danielson explained that the length of.the culvert is 72 feet and with a six
foot opening and runs in a southeast direc�ion under the Highway 110 and
149 intersection. He explained that the culveCt �will be extended .to the
3�
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southwest direction by 60 feet. He stated the fill will be used to create a
plat form which will lessen the steepness of the slope.
A discussion ensued regarding setting precedence in allowing a wetlands
area to be filled in. It was discussed that this particular area is considered a
drainage area and that filling it in creates a safer environment for
pedestrians and vehicles at the jnter�ectiqn of��Highway 110 and 149.
Public Works Director Danielson informed the Commission that the DNR
does not require the City to apply for a permit and that the City is in the
process of applying for a permit from the Corp of Engineers. He stated that
the Corp of Engineers believes this construction is an excellent improvement
to the intersection. Danielson informed the Commission that the project will
be paid for by both the City and State. .
In response to a question from the Commission, Public Works Director
Danielson reviewed a map depicting traffic flow in the area and how it will
be improved by tnoving traffic signal lights which will accommodate the new
right hand turn lane.
Commissioner Duggan was excused at�7:55' p�m.
Commissioner Tilsen inquired about reconfiguring the entire semaphore
traffic system at the intersection of �Highways 110 and 149. Danielson
responded that M�DOT.tends to avoid this process because this process
would tie eztremely'expensive.
In response to a question from Commissioner, Koll, Public VVorks Director
Danielson explained that dump .`trucks hold ap�2roxim�tely .10 yards of
uncompacted fill and� that'there �will be approXimately 400 truck loads
bringing' in 4,000 cubic yards of fill:� Koll inquired about limiting the hours of
operatiorl so�that traffic is not disrupted. Danielson responded that he
would pursue this concern �with MnDOT and through the plans and
specification process.
Commissioner Lorberbaum inquired if creating',� larger platform .at this
intersection :will make� it an even larger �nuisance. � Public WorKs Director
Danielson responded� that the platform will create a safer environment for
pede'strians and bicyclists.
Commissioner Betlej moved to recommend that the City Council approve the
Wetlands Permit and Conditional Use Permit for Land Reclamation.
Commissioner Friel seconded the motion.. �'. '.� ' �
4
� •Y
.� °;.
�
AYES: 6'
NAYS: � ' 0. �
MISCEL�.ANEC?US
Commissianer Titsen stated that the MnDOT sign, located at the
maintenance facili#y on Pilot Knob Road, seems a little out of character
compared #o currentlnewer signs in�#he business park. He stated that he
would like to have staff encourage MnDOT to change the appearance af the
sign. .
The Planning Commission discussed rescheduiing their December 24, 1996
meeting. The Planning Commission was of the consensus to cance! their
December meeting. They directed staff to infiarm the Commission af future
applicant intentio�s.
Gommissioner Ecie! reviewed an articls #rorn th� West St. PauilMendota
Heights .Sun Current regarding Ci1.y of West St. Paul discussians on creating
an ordinance to regulate ceii towers within their City. He stated that other
cities in the metro area are considering the same ordinance regulations and
that several have created moratoriums until such an ordinance can be
adopted�. � �
The Commission was of the consensus that the City Council consider
suthorizmg�'the �plan�ing Commission to b�gin the process af creat�ng an
ordinance regulating cell towers within Mendota Heights. Commissioner
Friel suggested that City staff contact 'the �ieagcie af Minnesota Cities far
further ordinance information. ' � �• ~ � �� � �
ADJOURNMEIVT
There b�eing no .further kiusiness, fihe Planning Commission moved ta adjourn
its meeting at 8:'i 2 p.m.
Respectfully submitted, � . . �" ;
Kimberlee -I�. �'Bla�eser
Senior Secretarjr
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1 1 1 � • :1 :
r
TQ: Niayor, City Council, and City Admuu �� �r
FRQM: �+Zasc Magan, Civil Engineer MSf''i
S'EJI�,TECT: Pine Creek Estates Improvement Fraject Status
Job No. 9304, Impmvement No. 93, Project No.
DISCUSSION:
(3ctober 29, 1996
�
This project is s+amewhat atypical in that a significant partion of the iunprovement costs
associated with �us praject are pmposed ta be deferred and recavered by means of a connectian
charge levied against the vacant Ridder pmperty to the north when it develaps. Council accepted
the feasibility for this pmje�i at the August 20, 1996 mee�ing with a stipula�ion that the City
natify the affected properiy owner(s) of these plans by scheduling a public hearing to present and
discuss this informatian.
State statut�s require that a public hearing be held notifying a11 properties which are to be
assessed any portian of the cost of a public improvement parior to Council ordering any praject.
A public hearing is not technically required for this project for the purpose of natifying the
Ridders of the City's plans ia serving their undevelaped parcel because praject costs would nat be
assessed against the property.
From a practical standpoint, common caurtesy dictates that the affected property owners
be notif'ied of the City's plans for these improvements. Since the pmject af%cts only the Ridder's
vacant proper�y, staff felt that this information could just as easily be presented ta the Ridders at a
staff ineeting rather than a public hearing befo� the Council. K:athleen Ridder attended a
meeting at City Hall on September 16, 1996 with sta.ff inembers to review the specifics of the
praposed impravement pmject, and had na particular problem with the project as propased.
The developer of Fine Creek Estates has decided to delay the bidding and canshuction of
the pra►ject improvements until the spring of 1997 when the pmject might be combined with ather
City improvement pnajects to attain the best unit prices possible throu�gh the economies of scale.
ACTION REQUIRED:
None. For information ornly.
MSM
J
� 1 1 � • :1 : �
October 3p, 1996
To: Mayor and City Council
From: Kevin Batchelder, Ciry A' trata�r
Subject: Madifications to the Agreement on Building Pemut for GNB
DISCUSSION
On October 15, 1996, CiLy Council appmved a. building •permit to construct e�cterior
stair wells and make modifications to the GNB Environmental Services, Inc. building. GNB
requested the building pernut to r�enovate the second story of their building for office use by
the State of Minnesota. One tenant of this office space is IvInDOT's truck licensing and
license renewal services which may aitract a small amount of tcuck tiaffic. A condition of the
building permit approvai stipulated that no more than four trucks per day would be permitted
access to the site and 1�InDQT was to submit a letter af agreement ta the City about this
condition. .
MnDOT was not agr�eable to submit�ing the requested letter of agreement. On
Wednesday> Ociober 23, 1996, representarives of hlnDt�T, GNB Envimnmental Servic�s, and
Welsh Companies met with �Mayar Mertensotto, Couacilmember Sandra Krebsbach and staff
to provide deta�iis abaut the license renewal services and their daily operations. It was
discovered that, currently, na overnight parking is allowed, that the truck traffic is seasonal in
nature dae to fihe registration periads, that tb.e h�InDOT` �aenewal office receives little truck
taraffic and that Lexington Avenue south of GNB is resf.r%cteil'to truck traffic.
Based on the additional information provided at this meeting, Maqor Mertensotto and
Cauncilmember�Rrebsbach are proposing the following modifications be made to the candition
of approval for the� Bailding Permit: �
1. Pazking on the site for trucks being licensed at the�lVInDOT office will only be
available from '7_00 a.m. unti15:00 p.m.,. Monday.tb�raugh Friday. �
2. Only foui parking spaces will be available on site for trucks being licensed by the
MnDQT.office.
3. None of the hucks parked on site for MnDOT licensing purposes will be allowed to
make deliveries to the site. , � � �
4. A sign will be maintained in� the area of the parking lnt dedicated tu tnuck parking
�
indicating that such parking is only available between 7 a.m. and 5:00 p.m., Monday
through Friday, so that no overnight parking by licensing customers of the MnDOT
offices will be permitted.
M � � : .� 11: 1
If the City Council desires to adopt the modifications to the condition of approval for
the building permit, as suggested, they should pass a motion adopting the modified conditions
as stated above.
r
�
10-24-1996 09:28 612 339 5897
AtLe�r D. I��aau�a
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RoDSKr J. Ce�ors�dox, Ja.
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liuo7a�c A. SULL1�wN
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C�mr S. Oi,oYeR
M�A�r E. Sas.sax
B.Ruan. M.Iiose
Piofeesionellamitsd Liability Paetnorship
4000 FIRST I3A1�iR YLACR
601 SECOND AVENIIE SOI7TH
Mixxar,iao�ss, Mzxiv�sso�.s
6S�tOL'-4333
ii?TP�/i WWh'.AE6TI.AW.COM
(61L') 339-7121
Fax (e�s) aoe-aeB�
Diroct Dial: 349-5653
October 23, 1996
VIA FACSIlI�E 4i?,.8940
IKt. Kevin L. Batchelder
City Administcator
City of Mendota Heights
1101 Victorla Curve
Mendota H�ights,lVII�i 55118-4167
Re: GNB Earlronmental Ser�ices
Dear Mr. Bat�cluldes:
MoReia E. Kxora
C�TlSLIUNE J. COUB�lIEY
Jita. A. Lnoae
TBaCY F. XOCSx1fDORlEY
J�uivx�cs M. Ramxa
SA74A CRIPPBN DLDIB027
Roa�exr D. M�sse
Da�+m H.JonKaoN
Wiiuex J. Moaea
MicxnaL H� Pixx
P.02
Or Ceuysu.
Wi.RD A. LB+rIe
AltCHIbeLD �3'ENCSA
Rnaaxr M.5aera
Joux R.C�RROLt
J�acas D. O�ox
JnMEE I. A�Fs
�-t9ae
Ros:irr J. Ftrxwa�nr
iace•tna
It was a ple,a,sure to meet with yau and tvt►o member9 of the City Council this
mornin�. I was happy that we we�+a able to reaolve the que8tione about truck tiaff'�c that may
be g�tated by the new MNIDOT fadlity whi�ch will be leasin� space in the ONB building.
As you ]rnow, the City Council added s condition to the approval of aNB's buildin� permit
whictr sapulztod that no more than fout trucica per day would be permitted a�es� to the site
for purposes of obtaiaing licxnse reaew�l and related �ivicts from t!u MN/DOT offlce. As
a reault of our discu�imu this morning, I undes�tand that the M�yor will pmpose that this
conditi�On be modifled to instead require as follows:
1. Patldng on tlu site for trucks•being licensod at the MNIDOT office will only
be availabl� fcom 7:0(} a.m. until 5:00 p.m., Monday throu�h Friday.
2. Only four p�r3dng �p�ces will be available on �ibe for trucks btinY licxnsed by
the MNroOT offux.
3. None of the tivcka p�rioad on �ite for I�IIJ/DOT licenaing Purposea will be
8llowed W make delivetus W the eite.
4. A a�gn will be maintained in the ar�ea of the parking lot dedicated to truck
gar]dng indicatiag th�t such parldng is only available between 7:00 a.m, and 5:00 p.m.,
�
10-24-1996 09:29 612 339 5897 BEST&FLANAGAN P.03
Mr. Kevin L. B�atch�ld�r
October 23, 1996
P�a�e 2
Monday tiu�au�h Friday, so that no oveani�ht truck patkic�g by liocnsu� customers of the
MN/DOT office will be pennittsd.
I undesetaad that tho modiSed conditioa will be presaated at the next Cauncil
moetin�� whi�h u to be held on the first wak of November. I under�tand that the e�ting
condition wiil not, aa a legai matbar, be amaidod undl that dmt, �ubject to full Council
approval.
If this le�r fail� to accurateiy �pr� the �ubs�ce of tlu meedn� which we had this
momin�g, and the anticipated pmc�odur� for, hopefi�ilY, modifying the trucY P�rkiag
condition, ttiw plesse give nu s call promptly.
It w�s a pleasure to �auet with you �d the two m�mb� of the City Council who
attettdod tbe tneetin�. It w� certainly a very productiva and htlpful way m conduct
municipai busine�s, ahd I know �at C3N8 and MN/DOT ware very apprxi�tiva to tho City
for its pmmpt handlir�g of this co�cern.
dDS:ama
F�closures
(Q616
CC: RiChard B. CI�OWell
Kevin D. O'N�iU
.,- -- �-- -- - -
� ,�
CITY OF MENDOTA HEIGHTS
�� �
November 1, 1996
To: Mayor and City Council
From: Kevin Batchelder, City Administrator
Subject: Participation in Metropolitan Livable Communities Act ia 1997
BACKGROUND
Last year at this time, Mendota Heights elected to participate in the Metropolitan
Livable Communities Act for the Calendar Year of 1996 by adopting Resolution No. 95-59.
This action was followed by adopting a Housing Goals Statement on I?ec;ember 19, 1996 and
agreeing to prepare and submit a plan �to the Metropolitaa Council as part of the Dakota
County Cluster, indicating the actions it will take to carry out our goals.
Mendota Heights worked with Dakota County HRA thmughout the 5pring.of 1996 to
draft the cluster plan :and our own individual addendum .to the cluster plan. In� June, the
Dakota. County Cluster Plan was submitted to the Metropolitan Council. It was approved by
the Metropolitan Council following submission. �
Attached•you will•find copies of the resolution to participate, the housing goals �
statement and our Action Plan Attachment to the Dakota County Cluster Plan. (The whole
Dakota County Cluster Plan document has not been attached,due to its length. Should any
Council member desire a copy prior to 'I�esday evenings meeting, please contact Kim Blaeser
at 452-1850 and:a copy will be provided.)
DISCUSSION '
Each municipality participating in the Metropolitaa, Livable Communities Act, must
voluntarily agree to participate each year of the program� in�orc�er to be eligible for grants and
loans under the pmg�am. This voluntary participation �muSt.be done by r�solution prior to
November 15th of each year, for the coming yeai. � �� �
Attached� is.a proposed resolution agreeing to participate in the Metmpolitan Livable
Communities Act foi 1997. A requirement to participate in the Metropolitan Livable
Communities Act is to support the program in an amount identified as the a„�`'ordable and life-
cycle housing opportunities amount (ALHOA). Mendota Heights' ALHOA for 1997 is
$10, 045. This amount_will easily be covered by our a�inika�YCommunity� Development Block
� Grant (CDBG) allocation and othei activities made on our t3elialf by the Dakota County HRA.
(Please see attached August 8, �1996 memo fro'm Thomas McElveen.)
While voluntary participation, by resolution, is �requiied :each year. of the progrdm, it is
not necessary to go through the process of adopting housing'goals statements and action plans
each year. Housing goals statements and the action plan are only necessary the first year of
the program. The Dakota County Cluster Plan that we are participating through is a five year
plan that was widely�praised within the housing community.
Also attached is the Metropolitan Council's Cities "Livable Communities"
Accomplishments at End of Year One. �
ACTION REOUIRED
If the City Council desires to participate in the Metropolitan Livable Communities Act
in 1997, they should pass a motion adopting Resolution No. 96-_, A RESOLUTION
Fr prTING TO CONTINUE PARTICIPATII�TG IN THE LOCAL HOUSING INCFNTIVES
ACCOUNT PROGRAM UNDER 1'I� METROPOLITAN�LNABLE CO
ACT. � � � �
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING
INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE
COMMUNITIES ACT
CALENDAR YEAR 1997
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes
Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund
which is intended to address housing and other development issues facing the
metropolitan area defined by Minnesota Statutes Section 473.121; and ,
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax
Base Revitalization Account, the Livable Commuriities Demonstration Account and
the Local Housing Incentive Account, is intended to_provide certain funding and
other assistance to metropolitan area municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants
or loans under the Metropolitan Livable Communities Fund or eligible to receive
certain polluted sites cleanup funding from the Minnesota Department of Trade
and Economic Development unless the municipality:_i.s p�rticipating in the Local
Housing Incentives Account Program under the Mirinesota Statutes Section
473.254; and � �
WHEREAS, the Metropolitan Livable Communities Act requires the
Metropolitan Couricil to negotiate with each municipality to establish affordable
and life-cycle housing goals for that municipality that are consistent with and
promote the policies of the Metropolitan Council -as� provided in the adopted
Metropolitan Development Guide; and� � : �r� ��� ' �
WHEREAS, each municipality must identify to the Metropolitan Council and
the actions the'municipality plans to take to meet the established housing goals
througfi preparation of�the� Housirig Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public
hearing, negotiated affordable and life-cycle housing:?goals for. each participating
municipality; and � � � � - � � �
y
WHEREAS, � metropolitan area municipality which elects to participate in
the Local H.ousing Incentives Account Program must do so by November 15 of
each year; and
WHEREAS, for calendar year 1997, a metropolitan area municipality that did
not participate in the Local Housing Incentive Account Program during the calendar
year 1996, can participate under Minnesota Statutes:�Section 473.254 only if: (a)
the municipality elects to participate in the- Local Hoiising Incentives Account
Program by November 15, 1996; and (b) the IVletropolitan Council and the
municipality� have successfully negotiated affordable and life-cycle housing goals
for the municipality.
NOW, THEREFORE, BE /T RESOLVED THAT the City of Mendota Heights
hereby elects to participate in the Local Housing Incentives Program under the
Metropolitan Livable Communities Act during the calendar year 1997.
Adopted by �the City Council of the City of Mendota Heights this 5th day of
November, 1996..
By
ATTEST:
Kathleen M. Swanson�. �
City Clerk
CITY COUNCIL
CITY OF=MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
�
RESOLUTION N0. 95-59
CITY OF NIENDOTA HEIGHTS
DAgOTA COUNTY,II�VNF,SOTA
RESOLUTION ELECTING TO PARTICIPATE IN
1'HE LOCAL HOUSING INCESTTIVF,S ACCOUNT PROGRAM
UNDER 1'HE METROPOLITAN LIVABLE CO � ACT
FOR CALENDAR YEAR 1996
WHEREAS, the Metropolitaa Livable Communities Act (1995 Minnesota Laws
Chapter 255) establishes a Metropolitaa Livable Communities Fund which is intended to
address housing and other development issues facing the metropolitaa area defined by the
Minnesota Statutes section 473.121; and
VV]a�, the Metropolitaa Livable Communities Fund, comprising the Tax Base
Revitalization Account, the Livable Communities Demonstration Account and the Local
Housing Incentives Account, is intended to provide certain funding and other assistance to
metropolitan area municipalities; and
WHEREAS, a mefiopolitan ama municipality is not eligible to receive grants or loans
under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites
cleanup funding from the Minnesota Department of Trade and Economic Development unless
the municipality is participating in the Local Housing Iacentives Accaunt Program under
Minnesota. Statutes section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan
Council to negotiate with each municipality to establish affordable and life-cycle housing goals
for that municipality that are consistent with and promote the policies of the Metropolitan
Council as provided in the adopted Metropolitaa Development Guide; and
WHF.REAS, by 7une 30, 1996, each municipality must identify to the Metropolitan
Council the actions the municipality plans to take to meet the established housing goals; and
WHEREAS, the Metropolitan Council must adopt, by resolution after a public
hearing, the negotiated affordable and life-cycle housing goaLs for each municipality by
January 15, 1996; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local
Housing Incentives Account Program must do so by November 15 of each year; and
WH�REAS, for calendar year 1996, a metropolitan area municipality caa participate
under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in
the Local Housing Incentives Account Program by November 15, 1995; (b) the Metmpolitan
Council and the municipality successfully negotiate affordable aad life-cycle housing goals for
the municipality; and (c) by 7aauary 15, 1996 the Metropolitan Couacil adopts bq resolution
the negotiated affordable and life-cycle housing goals for each community.
�
NOW Z�R + RE, BE IT RESQLV�� by the City Gouncil of the City of
Mendota Heights that the City of Mendota �Ieights hereby elects to partieigate in the Local
Housing Incentives Program under the Metmpolitan Livable Communities Act during calendar
year 1996 contingent upon the following c4nditions:
1. That the Mets�politan Council and ihe Czty of Mendota Heights successfully i�agotiate
mutuall.y agm.,eable affordable and life-cycl.e housing goals for the City of Mendata
Heights; and
2. That the Metropalitan Council adopts by rressoiutian the negotiated affox�dable and Iife-
cycle housing goals for the City of Mendota Heights. '
CITY COUNCIL
CITY OF MII�TDUTA HEIGE[TS
By ��'-.•-� �• �....�.....�t`'
Charles E. Mertensatto, Mayor
ATTFST;
.� ��. ,
,. � ti�r�.a�!�-�
tbleen M. Swanson, City Clerk
�4USING GQALS STAZ �
METROPOLITAN LIVABLE COMMUNITTJES ACT
The city of Mendota Heigbis supports:
l.
2:
3.
4.
5.
6.
A b.a�lanc�d house supply, with housing available for all peaple at all incame Ievels.
The accommodation of all racial and ethnic gronps ia the purchase, sale, rental, and
Iocation of hvusing within the cammunity.
A vaziety of housing t�Tpes for people in all st�ges of the Iife-cycle.
A community of well main�a.ineti housing and neighborhoads , includiug awnership and
rental housing. _
Housing develapment tbat respe�,�ts the natural environment of the community while
s�triving to accommodate the need for a vaziety of housing t�;rpes and casts,
The avai]ability of a full range of senrices and fa�cilities for its residents, and the
improvement of acc�ss to aad Iinkage i�etween housing and employment.
m
To ca�ry out the abcsve hocising principles, the C�t,y of IVtendata Heights agrees to nse
benchmark indicators for oommwnities of i�ilu location and stage of development as
affo:�dable and Iife-cycle h+ausing gaals for the period 1996 to 2010,� and use its best efforts,
subject to mar�oet conditions aad resource availability, Gcr remain waithin or make pmgress
taward these benchmaz�s.
crr� u�sx �artc�.u�g ca� -
���
ow��� �s� �aos� � ��, e�ro �,
���
x+�tat �4% 3S�o% Bxplom �aining t�ch�na�C �
Iifa�ycle
T`y�sa (Non-einglo fnmily 23% 35-38'% Exp2om �,ttainin� 359b
d�
Ow�aer/re�rter l�x 91/996 (T2 9�l S�plore �ttmining 2596 rantal
l�s-�i�
��
Singlo-Fnmily D�ched 1.5/mcre 1.9-2.1l�tcre Sxplore attaining 1,9/ncns
Multifnmily 8/acre ip/acre Bxplore attniniag 10/acra
To att�in the stated goals, the City of Mendota Heights elects to paxticipate in the M�tropalitan
Iavable Cammunities Act Local Housing Incentives Pragram, and will prepare and submit a
plan ta the Metropolitan Coaacil by 7une 30, 1996 as part of the Dakota County claster,
indicatiug the actions it will take to car�y out the above gaals. ..
C� �' _�+� �+ • • ��
� �� 'F ���� .�ec � R { C �` R�
Ma.yor Date
JllN-11-96 TUE 10, 51 AM DAKQTA GOUI�TY HRA FAX i�0, 612423818Q
. �
METROPQLITAN LIVABLE COMM'UNIT,IES ACT
DAKUTA �OUNTY GLUS�'E12
Action pIan AttaGhment
fvr the Community of
MENDQTA HEIGHTS
�000
.. � �
. . f,
l. What are ihe comm�anity's key affordable housing issnes as they reiate to ihe �ausing
Gvals Agreement?
A. ovERVIEw: Mendota i�eights is a family oriented comrnunity that emphasizes
single family residet�tial living, parks and apen spaces and preservation. of naturai
resaurces. A catnprehensive plan has �n in place in Mendota Heights since the
Iate 135Q's that has emphasized orderly growth, preservaaon of natural resources,
parks and open spaces and opportunities f�r the develogment af a stmng
commereiaUindustrial tax base. It is estima#ed that ninety five percent (�5 %} of rhe
residential laud a�a in Mendota Heights is deve2oped.
The Ciry does not meet the curxent benchmazk ind'xcators far communities of simiiar
Iacation and stage of development. However, if our cammunity was looIred at in
terms of the school disuict bauntlaries, which iucludes West St. Pau1, Lilydale,
Sunfish Lake, Mendota and narthern Eagan, it would likely meet the benchmark
ind`zcat4rs. .
Ttiere are nt� concentrated retai3. centers or downtown areas in Meadota Heights,
although about twenty-five percent (25 �) af the Ciry has beea set aside for business
development. The majority af the business developmez� azea has been set aside in
the i�ndusbrial park, an area of the City that is within the naise zanes generated by
air u�c frorn the MSP Interuational �+►irport. As a noise impacted are�, this
quadrant of the City is incomgatible for residential development.
In response to environmental ir3iitiatives, the City has a strict wedaads ordinance that
grotects the naturat resources in anci arouud v�rettaads, creeks, pands, and �atkes iz�
Menflota Heights. This orcivaance was adopted in 1979, one of the first wetlands
protection ordir�anccs in h�'innesata. The Critical Area Osrizt�ance 4veriay district
is another envi�ronmental ordi.nance that has bocn in force since 1976. It reqaires the
grate,ction of woadeti slopes along the bluffline of ti�e I��ississippi River to cc}�tfarm
with the Department of Natuzal Resources bluffline restricti.ons.
B. AFFORD,ABIi,ITY: Mendora. Heights housing. offers a wide ran,�e of values with
many hbmes falling into the affc�rdable class�cation. The �ost of housing in
Mendota Heights is higher than that faund in. Dakota Counry or the metro area as
a whole. The cost� of housing have also i�reased at a faster rate than that of
surcounding areas. This is due in part ta inflation, however, it is also Que ta
Mendata Heights' location advantages aAd relative Pmximity to both �iownt�wn St.
Paul and downtown Minneapoli.s. 'This Ic�catipnal advantage has increased the
demand �or housing as compazed to surrou��ing are�s. The City has Ifttle infiuenc�
over the type and cost af housin� units const�uctec�. Market factors such as
JUN-11-96 TUE 10�51 AM DAKOTA COUNTY HRR FAX N0, 6124238180 P,03
mortgage rates and the availabiliry of mortgage loans, the costs of land, labor and.
materiats, and the lacation of school districts have a much greater impact on the cost
of hausing than any public actions. Reversing development trends and mazket action
for housing is difficult, espscially when coupled with the lack of land availabiiity.
Given real estate market conditions and risin� assessed valuations in Dakota Counry,
it will be difficult for the Ciry to maintain current levels of affordability. It is
estimated that the residential component of Mendota Heights is 95 % developed and
therefore few opporcunities remai.n for future residenrial deveIopment. Land
availability for futvre residential construction is scar�e and scattered over a few
sma]I sites which may only be appropriate for infill development. It may be
physically impossible for Mendota I�eights to meet the suggested benchmazks.
The Dakota County Acc�on Plan cal�s for the provision of 2,639 afforda.ble units over
the next five years. Any unirs created beyond those specifically contemplated in the
Acdon Plan would need to be the result of mazket reaction to this Action Plan and
to development guideline mvisions that may come about as a result of this
agreement. The same holds true for rental units.
C. OWNERlRENTER NiIX: The City does not meet the current benchmark indicators
for type or for owner/renter mix. The City will move towards the Iow end of the
benchmazks for type and for owner/renter mix thraugh participation in the llakota
C�wnty Action Plan ansi through private market react�on to this �ction Plau and to
development guideline revisions that may come about as a result of this agreement.
AccQrding to the MetropoIitan Council's calculaaon, 91 percent of Mendota Heights'
housing units aze owner occupied, while 9 percent are rental uni�s. While there is
potential for the percentage of rental units in the city to increase, the nroposed
benchmark figu,re of 25 percent rental is not considered attainable. Historical market
condittons for renral housing and the lack of available land {outside the air noise
corridor} indicates the achievement of this benchmazk to be very difficult to attain.
The City's existing reutal housing supgly responds to existir� market conditions and
land availability.
D. DENSITY: The City does not meet current benchmark indicators for Su�Ie Family
Detached and Multi-Family densities. The City will move towards the benchmazk
indicators far Single Family Detached and Muitifazaily densities through participation
in the Dakota County Action Plan and through private market reacti.on ta this Actian
Plan and to development guideline revisions that may come about as a result of this
agreement.
There is significant open sgace in Mendota Heights due to the existence of large
wetlands, critical axeas, ihree golf courses, three c.emeterie.s {including Resurrection
Cemetery, the Iargest in the Srate of Minn�sota}, and interstate highways that bisect
the community. The Me�opolitan Couacil has established. air noise zones in
Mendota Heights which make residential land uses incompatible in large segments
of the community.
JUN-11-96 TUE 10,52 AM DAKOTA COUNTY NRA FAX N0, 61242381$0
2.
In compliance with previous Ivtettopolitan Cotmnc�l a�d agency initiatives, Mendota
Iieights has adflp�ed regulations for env�ronmentai protection, including a Wetlands
Proteciion Ordi�ance, a Critical Area 0►verlay District {Mississippi F.iver �Iuffline},
and a Tree Re�noval Moratorium, as well as, Natior�al Urban Runaff Fro�ection
{I�TUItP) Pondin� requirem�nts. 1'hese reeulations are designad ta pratect wetlands,
drainageways, steep slc�s and wot}ded areas, and to compiy with the requirements
af other state and federal reguiatory agencies. The City believes the benchmaxk
indices far density should be reflective af these envizonmentai rescrictions and aot
based oz� �ross acreage ca%uiations.
�'Vhat has the community done already to encaurage the avaiiability af affordabie and
life cycle havsing�' �
A. Vi�hile spaciaus singie family residential land uses have been emphasized, the City
suppptts the provisian af a diversity of housiung types. This is evidencect by:
1) The Sautheast Area Plan which was appraved by the Nletropolitan Council in
198�. 2his Pian pravided for the rexoni�g from rurai residential to HR-PUI3
and MR PiTD land uses for the Southeast Area, approximateiy 160 acres.
2} Pazticipatian, tbrough the DalEota County HI2A, in the provision of Iow and
moderate i�ncome housing programs in�luding:
* Sectian 8 R.entai Assistance Program inciuding rent cert�cates, moderate
rehabilitation and project based housing assistance.
* Cammuaity Development I31ock Cncants {CDBG) fuuds have been set
aside far fi�e ye�is in order � fund site acquisition an,d installatian of
public improvements to assist in providing tow and moderate incomc
�ousing for senior citizens. A 65 unit senior housing facility will tae
constructed in 1996. CbBG funds for 1992 thraugh 1996 have been set
aside for site acquisidon.
� CDBG fiutds have been appropriated by the City in the past for law
income housir� rehabiIitaiion loans an@ for assessment abatement for
Iow incpme famiIies.
* Low and moderate income families also paiticipate through HRA in the
Miunesata Hausing Finance A�ency`s programs st�ch as:
- MIiFA. Home Improvement Loans
- MHFA I.oca1 Participation
- MHFA Home Rek�abilitatian Loans
- MHFA Home Energy Loans
* Dakota County �i'R.A alsa admuusters the following pragrams in
Menciora �Teights:
-1�1taI Rehabilitatzon
- CD�G Rehabilitation LoaYts
- Weatheriaati.on �
3} Ha�using revenue bonds were approved by the City of Mendota Heights for the
Lexington I%ights Apaztments project. These bonds zequire twenty percent
(2(��) of the units to be set aside for rental assistance housing.
JUN-11-96 TUE 10;53 AM DAKOTA COUNTY NRA FAX N0. 6124238180
P, 05
B. In the last five years, Mendota He�hts bas approved the const�uctian of I58 awner
occupied multi-family units ti�at meet the Metropolitan Council's guidelines for
affordab2e housing uni.ts (iess than $I15,000}. This was done through the use of the
Flanned U�it Development (PUD} approvat process allowed in the Mendota Heights'
Zoz�ing Ordinanc�. The PUD ardinance allows for cluster�g of units and density
transfers that ar� not allowed in �a.ditional residential districts. Becaus� the
Metropolitan Counc�.'s baseline data was bascxi on th� 199Q Census, these uniis were
not considered in the index for affordable units in Mendota Heights when used for
compazisons against our benchmarks.
C. The T�ensington P1ann�d Unit Development, which began in 1992, included the
fallowing units and vatues, based upon 1994 valuations:
Unit e
l�tanor Homes
Carriage Homes
Town Hames
TOTAL:
Average
Uni Price
�s �so,oao
I38 $72,000
47 $98,000
263
�_� �
�9z,oao $6s,000
$83,000 $60,OOQ
$120,U00 $?6,040
In xecent years, Dakota Couaty has appIied an average five percenc acrass•the-bt�ard
assessed valuatian increase to the residential praperiy in Mendota Heights. As the
above chart shows, some of the tawn homes may be maved out of tIYe affordable
category thzough assessm�nt increases that reflect market vaiue in the city,
D. Mendota Heights has alsa made use of housing rehabilitatian prograzns through the
�7akota County HRA to mainta�in the exiscing af%rdable housing stock in MendoLa
�ieights.
B. Currendy, the City of Mendota Heights has acted in 1994 and 1995 to deny a
request by aur Code Enforcement Degartrnent to increase the building pernait fees
by an inflationary factor, as suggested by tiie Srate of Minn�sota's Building Cade
agency. Council's star�ed reasoa for nvt enacti.ng azu►ual build%r� permit fee
increases is based on promoting afft�rdability fot develQpet's and homeowne�s.
Mendota Heights has also recently ez�acted plannin� procsdural charzges to comply
with the f 995 Land Use Planning Act amendments requi*�'� a sixty {�0) day review
period for all planning applications. This allows for a tess costly plan appravai
pzocess for developers and homeowners.
F. Throu,gh the use of the Planned U'nit Devel�gment ordinance, clustering of homes
aud uruts has been allo�ved in Me�dota �Ieights. In cxchange for gark Iand (in the
�ensiz�ton PUD) iugher densities were allowed ia the mulri-family pQrtions flf the
PUD. Ia the singie famzly portion of the Kensu�s,rton Pi7i), increased densities were
allawed by approving smaller lot sizes azbd front lot widths. Twelve p�rcent of the
single family iots were allowed to be less than t�ze minimum size and #'orty percent
were approved for froat lot width redaction�s. Iu 1995, the Ciiy rezon�ed a ten acre
JUK-11-96 TUE 10;53 AM DAKOTA COUNTY HRA FAX N0. 61242381$0 P,06
. ,
pazcel from R-1 to MR PUD to allaw the Mendota Meadaws townhome praject.
3. What wilI the community do in the future to encourage the availability of affcrrdable
and life cpcle housing?
A. The City of Mendota I�eights wiit be updating its Comprehensive Plan by i?e�ember
31, 1998, to comply with changes ta Minnesota Land Plan Act of 1995. This wiU
provide an opportu�aity ta zeview guide plans, zaning ordinances, developmenr fees
and appravaIs procedures, and to consider appz�apriat� revisions that will create an
eIlvironrnent for affordable aad li% cycle housing to occt�r in.
B Orher ftixure opt�ons fo� Mendota �Ieights include the cansideratian of housixtg
maintenance codes which would rec;Eu2re older homes ta he brought into cocle
ct�rnpliance at the pt�int of sale, thereby mau�iaining the alder hausing stock.
Fu�ncial tools, such as Ta�c Increment Financ�, Mortgage.Revenue Bonding, and
�It�us3ng Revenue Bonding couid be cansidered to provide the City with the abiiity
to make margi,nal property marketable for housing.
C. The City reserved its CDBG fitnds, through the Dakota Cowuy HRA, far five years
{approximately $25{?,OOt}} to acquire gropearty and install public improvements for
a GS unic Iaw and moderaze i,ncome sezuor housing �'a.cility. This 65 unit seniar
housing facility will begin eansauction ia the s�mnmer of I996 and wi11 be apen for
low income seniors in 1997.
D. There is existing demand for senior housing in Mendpt�a. Heights, and the City will
consider Zaning {hdinance revisions to add,�ess senior housing stan�dards, including
reduced unit sizes, lot azea reductions, parking rec�uirement reductioz�s and storage
area �equirement r�ductians. There are many market rate townhames aad
condominiums ia Mendota Heights in which a significant population of seaiar
eiti2ens currently reside. It is unclear whether the 1Vletropoiitan Council°s index has
included these units in thciz calculations for Iife cycle housing,
Metrop►olitan Council
Working for the Region, Planning far the Future
UATE;
TO:
FROM:
� ���,.�.a:� r�..E�I..I.i.�r.�.k w.M'F';
� �'a: ��=., � <• '��'C? � i' � ,
fi�:
August 8, i996 ,_` "� ' .
+�t� FS� t
� ` �_,y`— "i � v'� �;`u�. ~�_...7 a ^�`?,�,~; t �
�., .i
�
Communities Participating in the rtan t le Communities Act in 19�9fi�'��r.����_��,���_
Thamas C. McEtveen, Deputy Direct r
SUBJECT: Certificadon of the Affordable and Life-cycte Housing Opporlunities Amoc�nt - ALHOA
Nletropolitan Livable Cornrnunities Act
�` The Livabte Co.mmunities Act 4f 1995 (LCA) requires that the Metropolit�n Council anz►ualiy notify every
, municipality in the regian of its a,�j`'ordable arrd life-cycte housing opportunities amount �AL'riflk j iar :�
foltow�ng ye,ar.
The AiHC1A is an amoum of expenditure by the communi#y ta suppart, or assist the development of
affordable and life-cycle housing or maintain exisking affordable and life-cycle hausing. Expenditure of the
ALHOA is required of cammunities that want to compete for access to over $11.0 miilion availabie
annually thraugh the LCA's three funding accounts. The ALHOA is derived &am the formula presccibed
iu #he law invalving market va2ue, taac capacity, and tax rates pravided ta the Metropotitan Council
annually by the county assessor.
'There aze a number of sources af local financial cantribution that can be counteci as an ALHOA
expenditure. Some e�mples incluae — iocal financiai con#ributions to housing assistance, �evetopment ar
rehabilitatian programs, the use of CDBG monies for hausing activities or a tax levy to support a lacal or
county HRA.
The I997 ALHOA for your community is the amount found in the shaded column on the enclosed ALHOA
notification.
As required by law, beg'u�ning in 1998, the Metrapolitan Council must annually determine whether
participating �mmunities have exgended #his ALHOA during the previt�us calendar year. If nat, the
com::�nnity m.ay be r�aireci te dis+rilaute this AT H�A to the Housin,� Incentive Account or to their local or
county HR1�.
If you,want to continue to particigate in the LCA for 1997, you must inform the Metrapolitan Counoii af
your intentian to da so prior to November 1 S. For your convenience, a model resolution regarding 1997 is
enclosed.
If you have any questions about the ALHOA, please call Guy Peterson at 291-6418. If you have questions
about participation in the LCA in 1997, piease cail the Metropalitan Council sector representative for your
community as listed below:
Anoka, Washington, and Ramsey Caunties Dick Thompson
Dakota, Carver and Scott Counties Carl Schenk
Hennepin County Tom Caswell
Minneapatis and St. Pa�l Guy Petersan
U:iKRLFGERIPET'ERSONUVPART.DOC
230 East Fifth Street St. Paul. Minnesota 55201-I634 (&12) 2gl-C�359 F� 291-6550 TDDJ7'IY 281-080�
An Equal Clpportun(t� Employer
291-6457
29I-64I0
291-6319
29i-6418
Metra Infb Line 229-37$4
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RESOLUTION NO.
RESOLUTION ELECTING TO CONTII�TUE PARTICIPATING IN
TIiE LOCAL HOUSING INCENTNES ACCOUNT PROGRAM
UNDER THE METROPOLTTAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 1997
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254)
establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development
issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Acxount, the
Livable Communities Demonstration Acxount and the Local Housing Incentive Account, is intended to provide
certain funding and other assistant to metropolitan azea municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan
Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the M'innesota
Department�of Trade and Economic�Development unless the municipality is participating in the Local Housing
Incentives Account Program under the Minnesota Statutes section 473.254; and .
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each
municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and
promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and
WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to
take to meet the established housing goals through preparation of the Housing Action Plan; and
WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negodated affordable and life-
cycle housing goals for each participating municipality�, and
WHEREAS, a metropolitan azea municipality which elects to participate in the Local Housing Incentives Account
Program must do so by November 15 of each year; and
WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local
Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statutes -
section 473.254 only if: (a) the municipality elects to participate in .the Local Housing Incentives Acxount Program
�by November 15, 1996; and (b) the Metropolitan Council and the municipality have successfully negotiated
affordable and life-cycle housing goals for the municipality:
NOW, THEREFORE, BE IT RESOLVED THAT the {specific municipality} hereby elects to participate in the
Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year
1997.
By:
Mayor
U:�ICRUGER�PETERSOIV�MRES2.DOC
L�
Clerk
�.. MEIROPOf.Ii'AN COUNCIL
AFFORDAHLE LtF�CYCGE H0USINC OPPORTU1ViI7ES AM� � •
FORTABYEARlfl7 . ,
�q if95 tq 199i 1% �f TNai Alpeda6k <c I�fe �qa6k 1l95 lq�bk lf9i NumDer �f
r+Tabklf9S Hribk]!9i H��eshad Homtsad H�oakad [.awr�(Crowth rq19l� G}ekHwal� Nnm6er�f N�ao6vd H�m�ead�
.. MutstV�lan Mae�xtVflue NetTuGp�dt� NetTuCapadt7 Ge�wt4io 'hcGpaFry I�Esema�r4% QtyTrs Opp�stm:tiu 8�oeskads H��eseeda iertmtan
�Tn'��P �A�t RueAewnt Eum L�xaa Eurn : Leat RNe H�'e Tu Reb Awmt (a Fsao iu Fscm Chan=e
MmdetaHd�ts 311,0�4 313,�3f 137,I56 itt,�50 51,294 � 31,29i 19SE35G 116 130 293�%
t
Contact: Bonnie Kollodge
(612) 291-6357
Metropolitan Council Cites "Livable Communities" Accomplishments at End of Year One
ST. PAUL—Sept. 10, 1996--The Metrgpolitan Livable Communities Ad has passed the "one year� mark
and Metropolitan Council officiais cite specific milestones for the region in the areas of afforclable
housing, economic revitalization and community development. Since the law passed in 1995, nearly 100
metro-area communities s�gned up to participate, repneseMing mo�+e than 90 penceM of targeted
developing communities--in which Job growth is highest and where affordaWe and life-cycle housing is
most needed. The law is unique ln the nation and senres as a model for other r+egions.
Acconding to housing goals developed in cooperation with the Councii, and using current growth
forecasts, the 97 participating communities, combined, have agreed to work to develop more than
12,000 additional affo�dable rerrtal units through the year 2010 and 52,000 additional affordable units for
ownership. ,
Because they voluntarily agreed to participate in the program and develop housing goals in
cooperation with the Council, the 97 communities are etigible to compete for funding from all or any of
the three accounts that make up the Livable Communities Fund. Doilars in the fund are dedicated to:
cieaning up polluted land, especially in older parts of the region; promoting altemative foRns of
development that encourage more efficieM use of land, infrastructure and services, and; providing �
housing that's affondable to families with moderate incomes.
Cleaning up poliuted land
' So far in 1998, the Metropolitan Council has approved grants totalling nea�ly S4 million to help
clean up 50 acres of poiluted land at 11 Twin Cities locations in seven cities, including Minneapolis,
Roseville� Lauderclale� Stillwater� St. Paul, Hastings, and Brooklyn Parfc—creating more than 1�000 new
jobs and increasing the tax base $1.7 million.
Industrial pollution has been identified as one of the chief roadblocics to redevelopment and
reinvestment in the central cities and older Twin Cities suburbs. Businesses avold setting up shop where
they cauld become lisble for enviranmental clean up. The feders! Super€und ciean up program has too
few dollars to pay far Gean up at all designated sites. And hundreds af contaminated sftes have been
identified in the region that do not qualify far Supertund money.
The �ivabie Communfties Ac# estabiished the Ta�c Base Revitalization Account #o help
communities avercome these barriers and provide apporfunities for ecanomic redevetapment and jab
�rowth. Tbe Councii wiEl evaluate ar�d approve ana#her round of fundir� requests ttiis ialt. Dot(ars
available tl�rough this aa�unt totat an est�mated 56.5 mittion a yeac
Creatin� "Iivable" communities . .
With the region facing projected grawth.of 650,OQ0 more peaple and 330,Q00 more hauseholds
by the year 2020� the Council encourages communWes to be e�cient and cr+eative as they pursue
developmen# and redevelopment initiatives.
Dottars avaiiat3te through the Uvabie Communities Demonsiration Accourrt provkie loans and
grants io he(p cammunities devetap campact� higher-density neighbofi�ods witti: a range af hausing
rYP� &r� costs to er3s�re there is hoc�si�� available and affordabte K�in ctase pro�mity to jot�s; s mi�c
of residen#ial and cammercial development; #ransit servtces and oiher transportaiion attematives. The
objective is ta foster development praaices #hat reduce costly ur#�an spcawl, yet
preserve a lifestyle that values bath independence and community.
So far in 1998, the Council has approved funding totalling 32.3 millian to four demonstration
projects� inGuding:
• West Ri�ge Market� Minnetonka—a mixed-use neighbafiood with 4Q0 new havsing units af a
ran�e of types and t�s#s, jobs attd setvices, transit connecfions, na#ural apen spaces and recreation
• "lake and Fourth," Minneapolis--adapting e�cisting bu3tdings at lake Sireet anti Faurth Avenue
for housing, service jobs and job training opportunities; replaGng !he 29th Street Bridge and other
infrastructure improvements
• Phalen Vilia�e� St. Paui--restoring naturai amenities to enhance property values and attract new
devetopment; creating a campact, transi#-o�iented community cente� with m�Ced uses
• St. Laais Park City Center—redevetoping a standar+d strip-malt commerciai devetopmen# iMo a
�
pedestrian- and transit-fiendly community hub with mixed uses and public space.
The Council will review another round of funding requests this fall. Dollars available for the next
funding round total 52.3 million.
Toward more affordable housing
The Local Housing Incentives Accbunt is available to help communities create affordable and
life-cycle housing opportunities for moderate-inc:ome families. So far in 1998, the Council approved
funding requests totaliing a500,000 to assist in the development of fou� projects. The Council will �+eview
and approve another 5500�000 in funding requests tF�is fall. Projects receiving fundinq so far this year
inciude: ,
• Hastings Family Townhomes in Hastings, with 31 afforclable units
• East Creek in Chaska;l4 affor+dalile units •
• West Ridge Market In Minnetonka; 20 affordable units
• Minnetonka �111i11s in Minnetonka; 21� affordabie units
In reviewing funding requests, the Councii works with other housing finance agencies—whlch
helps to coordinate housing investmerit in the region and simplify the process of applying for t�esources.
Other agencies include the Minnesota Housing Finance Agency� Minneapolis-St. Paul Family
Housing Fund and Minneapolis Pubiic Housing Authority. klsing joint selectio� caiteria, these agencies
together approved requests for resources so far this year, that combined, total approximately a8 million.
Voluntary, incentive•based
The Uvable Communfties program is voluntary for communities and relies on financial
incentives, ratherthan mandates, to encburage.partiGpation. The program is also lang tertn in nature
and establishes a regioRal framework to guide lacal decision making.
Communities that appiy for funding unde� the progr•am must eled to participate in the housing
incentives program and wortc toward housing goals developed in cooperation with the Council.
Participation in the program� says Council Chair Curt Johnson, helps meet local as well as regional
objectives.
"The Livable Communities Act is an investment in the economic health and vitality of the
region " said Johnson. "Communities recognize that businesses need to draw from a labo� force that can
# � ' 4
♦
affocd to live in the community where the avaitable jobs are. Communities know it's En their own bes't
interest to provide a range of housing types and c�sts—to ensure housir�g is available and afforclable to
people who work—and also want to live in the community—as well as residents who are older and living
on fi�ced incomes and young people Just'starting aut. .
.*Communities also benefd ecanomically from c�eanin{� up paituted properties to stimuiate their
tax base and inves#�gating altemative forms of developmer�t that enhance the sense of community and
make better use of r�esources� inc�uding land, infrastrudure and servdces."
Metropolitan Council otficials are optimis#ic about the IanQ-term prospec�s for the l.ivable
Communities Act. Re�ional benefits include the economic wel{-bein� of the central cities and
surrounding suburbs, more affardable and life-cyde housing apportunities where job growth is highest,
and mare efficient developmen# iresufting in taxpayer savings.
. . -38-
�
0
•�
CITY OF MENDOTA HEIGHTS
4ctober 29, 1996
TO: Mayor, City Council, and City Ad ' st� r
FROM: Marc S. Mogan M�M
Civil Engineer
SUBJECT: Summer Engineering Aide Employment E�ension
The Engineering Department aniicipates a significant workload over the fa�ll and winter
months preparing plans and specifications for projects scheduled for bidding in the 199'7
constructian season. Major projects planned for I997 construction include Bunker ��'i12s and
Tilsen's Ii'ighland Heights Street Reconstructian Prajects, Dakota Bank/SA. Frontage Raad and
Dodd Road,rHighway 110 Intersection and Trail Impravements, Pine Creek Estaies ITtilities, and
the Thampson Avenue Diversion, as well as cazry over wark on South Plaza Drive.
Council authorized staff at the 7une 3, 1996 meeting to hire twa full-time temparary
Engiz�eering Aides to work in the Engi.nearing Department fram 3�zne ihrough the end of October.
Curt Wimpee', who was hired at that time as one oithe two full-time temporary Engineering
Aides, has since been named by Cauncil to fiil a full-time Engineering pasition left vacant when
Shawn Sanders resigned to accept another position.
The other full-time temporary Engineering Aade, J'ason Skramstad, is an undergraduate
Engineer who is v�iil�Iing and abie ta work a limited number of hours {8-10} during the schaoi year
to assist the Engineering Department in plan and specification preparation far these projects.
RECOMMENDATI4N:
Given the workload associated with the previously referenced projects, I recommend that
Council approve the e}ctensian of 7ason Skramsiad's employment as a temporary Engineering
Aide through the fall and winter season to assist the Engineering Department.
ACTION REQUIRED:
If Council concurs with the recommendation, they should pass a motion ta e�end the
employment term of 7ason Skramstad as a temporary Engineering Aide thraugh the falt and
winter season to assist the Engineering Department in plan and specification preparation.
MSM
��S �.�� , f (/1 '���
CITY O�M����.�) fM��L t/�'`�
��
MEIViU
, October 29, 1996
TO: Mayor, City Council and City A s� r
FROM: 7ames E. Danielsan, Public Works '
SUBJECT: Curley Street Rehabilitation - Assessmen pp�al
F'raject No. 9311 Imp. 93-4
DISCUSSIQN:
On Qctober 15, 1996 the City received the attached "notice of appeal„ from Ms. Sara.
Peotter, 2111 Patricia Street. Ms. Peotter, who lives within the Curley neighborhood was
recently assessed for stree� improvemenis. Ms, Peotter failed tv notify the City at or before
the time of the public hearing of her intentian to appeal as required by Minnesota State Statute.
During the construction Ms. Peatter arranged with the City's contractar to reconstruct
her driveways. She has two driveways, one on Patricia Street and ane on Lexington Avenae.
She made private arrangements with the City's contracto� to repave her driveways with a
bituminous overlay and paid for the work herself, as did severat other m.sidents. She Iater
requested that the concrete sub-contractor replace a concrete walkway next to her house
Iocated entirely an her pmperty. She asked tbat this concrete work be done for tha pnce
quoted within the City's contract for concrete driveway replacement. Because of the degree of
difficulty with the work and be�ause it was aff public right-of-way, the contractor refused to
perform the work. From discussions with her, we understand that Ms. Peatter's major
camplaints are that; l. The City did not allaw her bituminouis driveway work to be paid for
through assessments, and 2. that her concrete sidewalk was not replaced by the City's
contractor and those costs assessed. (We did not assess any bituminous driveways, only
concrete ones and the only "off the right-of-way" work we performed was conerete driveway
reconstruction):
Assessment apgeals are a sunple issue, the City needs to prove that the value of the
impmvement is equal to or greater than the assessment. In o�ier to defend this appeal., the
City needs to have aa appraisal completed that shows the value of the assessment.
RECQMMTNDATION:
I recommend that the City hire an appraiser for the purpose of determi.ning the value of
the assessment and that the City attorney be authorized to take the appmpriate steps to defend
the City against the appeal.
G��.�IIi�i��_ i� �i r
If Council desires to implement the recommendation they should pass a motion
authoxizing the hiring of an appraiser and authorize the City attorney to begin a legal defense.
�
Sfi,aie of Minnesoi�
Count;y af A�l�:ot�
MEIVI)OTA HES ��TCURVEY LiF L?AKflTA COUltIT
•1 �p�t ViCTOR
ihENL7DTA HEIG�-!TS Mh� 55 •1 `18
���� T��vs« ME1�DClTA HE�IGNTS,
1�OTICE GF �A�E �IL�'��
CiiY LIF, I}AK4TA GQUNTY, MI.�1�(E�OiA
�.��s �,e�n ��signe�:
su�ss���uent f i 1 i n��, r
__ Yo� �re noiifie� ��'�at c�se NQ. �19—C3—Rb-9878
to ti-�is rr,�tter. Pleas� �nc���'1�''h�t�ioffic��� an �11
including corres��andenc .
SEE ATTACHEU
CASE QPEi�EI� OCTG�ER z8: 'i99b
Dated: dct ?8, 'f99b
�_y;L�JT
Caisrt �S�rr�ini��.ra�.ar
�t1 HAVE NOT FIL� YOIIR CERTIFICATE OF REPRESENTATIQN AND PgRTIES PI.EASE
' REFLh TQ RIILE 104. YOUB INFORMATIONAL 5TATE[�Il:NT IS DtJE �TZTHZN fi0 DAYS UF THE
CO�C�IT OF THE ACTIQN (RIILE 111.02 NON—F92ffLY OR RULE 304.02 FOR FAI�LY
MA'i'TERS). PLEASE INCLIIllE YOUR ATTpRNEY REGTSTRATION LICENSE AIiJMBER, IF THIS CASE
APPLIES TO ADR, A LIST OF NEl1T1tALS IS AVAILABLE IN ANY COIIRT FAGILITY.
FIRST 3IIDICIAL DISTRICT ASSSSSMENT FEES
YOIIR INFORMATIONAL STA'TEMENT IS DIIE WITHIN 60 DAYS OF THE CQMMENCE�IT QF THZS
ACTION (RULE 111.02 NON—FAZffLY OR RIILE 304.02 FOR FAMII.Y COIIRT MAITERS). SHOIILD
� THIS NUT BE COMPLIED WITH, A TRIAL DATE WILL BE SET �ND AN ASSESSMENT FEE pF �50.�)0
WILL BE IMFOSED UN TSE ATTORNEY FAILING TO RESPOND.
ALL REQIIESTS FOR R�ZIEF FROM. A.sSESSI?[[ENT FI:ES SHgI.I. BE MADE IN WRITING TU THE
CHIEF JIIDGE QF TSE FIRST JUDIGIAL DZSTRICT. ALL ISSiTES WILL BE DECZDID S�TITHOIIT
ORAL ARGDM@1T.
� INFQRMATIONAL STATII�NT IS NOT COMPLETE IINLESS A JIIRY TRIAL IS SPECIFICA
REtUESTED OR SPECIFICALLY WAIVED. (RIILE 111.02(D) INCOMPLETE INFORMATIONAL STAT�
WILL BE RIiTQRNED AND A$,50.00 ASSESSMFNT FEE WILI� BE II�'OSED. IF THE $75.00 JURY
FEE IS NOT EAIICLOSID Wt�t �N INFORMATIONAL STATI�.:�IT INDICATES JIIRY, IT WILL BE
CQNSIDERED IlKCQMPLETE.
DAROTA CQIINTY FEES
F08 YOIIR OWN CONVENIENCE PLEASE SIIBMIT SEPARATE CHECRS FQR
$I32.00 FILING FEE #75.00 JDRY FEE
IN THE EVENT TSE 3URY FEE HAS ALRF..ADY BEEN PAID WE WILL RETIIRN YOUR CHECK. NO
REFiJIa}S WILL BE MADE UN UVFRI'AYME�iTS.
�r
�''��a S
9
THE ADR PROCESS
T61s brochure exp/ains the ADR proc�esses
availab/e, the roster from which fo choou a
neu�nl tbird party, and the fees lnvolved. For
more defailed informaHon on ADt� ask your
attorney about Rule 114.
Over 90% of all civii cases filed in Min�esota state
courts are settled without a trial. Yet, most cases
do not settle unti) after the parties, courts, and
tax,payers have spent a(ot time and money.
Since the early 1980s, alternative melhods have
been developed to help people resolve legal
problems fairly, earlier, and less expensively.
These techniques, known as alternative dispute
�esolution (ADf�, involve an independent third
person who tries to help resolve or narrow the
areas of conflict. The use of ADR early in a case
can result in the more efficient, cost effective
tesolution of disputes with greater satisfaction to
Ihe parties.
Minneso'ta courts tecognize the effediveness of
ADR �s a tool for settling conflicts. In response,
the courts provide attorneys and thei� clients with
ADR i�formation when they file a civil case. The
a!<tomeys and clients must conside� whethe� to use
ADR to help resolve the dispute.
Attorney Responsibility
Rule 114, of Min�esota General Rules of Pradice,
deuribe p�ocedures for deciding whether to use
ADR. The Rule mandates that the coun
administrator provide the attorney with the
info�mation contained in this brochure. Attorneys
are �equi�ed to share this information with their
clients, discuss the use of ADR with opposing
counsel, and �ddress this issue in the information
statement fi rith the coun.
TYPES Of ADR �
Arbitration
Each side presents its posltion before an impartial
third party, who decides the pse. If the parties
agree in advance, the decision is binding and
enforceabie as with �ny canuact. if the parties do
not specify a binding decision, a trlal de novo
(new trial before a judge or jury) can be requested•
Consenswl Special Maaistrate
/1 dispute is presented to an impartial thtrd party in
the same manner � civil lawsuit is presented to a
judge. This decision is fin�l and Includes the right
of appe�l. '
Euly NeuLral EvalwUon (ENq
Early in the case, attomeys present the core of the
dispute to a neutril evaluator in the presence of
the parties. The evaluator then gives a candid
assessment of the st�engths �nd we�knesses of the
case. If settlement does not result, the evaluatar
hetps nar�ow the dispute �nd suggest: guidelines
fo� man�ging discovery.
Mediation '
A impartial person, the mediator, p�omotes
communication between parties to help teach a
settlement. A mediator m�y not impose his or he�
own judgment on the issues for th�t of the panies.
Mediation-Arbitration (Med-Arb) •
An impartial person faciliWtes communicatian
between parties to promote �econciliation,
settlement, o� unde�standing. If the parties fail to
reach a �econciliation, settlement, or agreement,
an arbitration hearing will be held.
�
Mini-Trial
Exh side presents its position before a select
representative for each party, an impartial third
party, or both. This is to define the issues and �
develop a b�sis far �ealistic settlement •
negotiations. The neutril thi�d party may offer an
advisory aptnion on the merits of the case. This
opinian is not binding unless the parties agree in
adv�nce'and enter (nto a w�itten settlement
�greement. '
Moduated Settlanent Conferonce
Exh side presents its position before a panel of�
lmpartial third panies. The panel may issue an
�dvisory opinion on the liabllity or damages of the
parties, or both. 7t�e opinion is not binding.
However, the parties c.�n use it as a basis for
' settlement negotiations. .
Neutral Fact flndina
A dispute, ohen ane involving complex or
technical issues, is investigated and an�lyzed by an
agreed-upon �eutril who offea findings and a
nonbind(ng report or recommendations. '
Summary lury Trial
Exh side presents a summary of its position before
a panel of jurors. The numbe� of juro�s on the
panel is six unleu the parties agree othervvise.
The p�nel may issue an advisory opinion o�1 the
liability or damages of the parties, or bolh. The
opinion is �ot binding. However, the parties can
use it as a basis for settlement negotiations:
�VYHC! ARE TNE NEUTRAI.S�
IAihen an ADR pracess la chosen, the parti�es must
select an indepen�er�t third RartY, called a neunal
from the ADR Neutral Roster an ftie in the caurt '
administrata�'s oEttce. The t�utrals an this roste�
are profession�is with a va�iety af badcgrounds.
Mediatoa are requircd to have 30 haurs of
cert#fied training or substantiat mediatior�
experiena. Arbitrato�s �nd other neutr�ls must
hava a� mtnimRrm of aix'hau�s af cectifired t�aining
or substantial arbitration experience.
FEES �
?he parties pay tor the n+eut�al. The fee Is
estabtished by the neutr�l. fi is assumed that tha
panies will spltt the cost� of th+e ADR prooess
equatiy. tha parties may, however, ag�ee �n a•
differcnt allcacation,
for addidoaat lnhrrrnatiait � ADit prac�sses and
Proc�edtn+e; cronhrtz '
Atanna Moravetjc
State Court Admintstration
25 Cans#itt�tian Avaaua
S� Paul, MN 55155
(612� 2gT-T591
ADR in the
Minnesota
State Court System
Roger Sames
Coun /ldministrato� .
Dakota Caunty Gavemment Center
1560 West Highway 55 •
Hastings, MN 55033
�b12} 43&8i00 :
�
STATE OF MINNESOTA
COUNTY OF DAKOTA
---------------------------------__
Sara Jo Peotter,
� Appellant,
Vs.
�
City of Mendota Heights
Dakota County, Minnesota,
l� �{;� �c���� ��v:.
�.-: t S r' �"i
I���{ S
DISTRICT COURT
FIRST JUDICIAL DISTRICT
Court Fi2e No.
Respondent.
-----------------------------------------
Type of Case; 14 -
Other Civil
Nf3TICE OF APPEA?� OF
SPECIAL ASSESSMENT
�
NOTICE OF APPEAL 28 HEREBY GIVEN, to the City of Mendota
Heights, its Mayor, Charles E. Mertensotto and Kathleen M. Swanson,
City Clerk, pursuant to Minn. Stat. § 429.Q81, by Appellant from
the notice o�' hearing, determination, canfirmation and adop�ion of
the asse�sment roll by the City af Mendota Heights on September 17,
199b, for Job No. 9311, for the reconstruction and rehabilitation
af stree�s to serve Curleys Valley View Addition, Improveu�ent Na.
93r Project No. 4, �or a total cost unknown to the Appellant and
ior a individual lot cost of $3,500,40, This appeal is based on
the follawing:
1. The natice of hearing for the special assessment was
not in compliance with all af the Statutory requiremen�s of Minn.
Stat. � 429.061, because said natice failed to disalose the total
� . _.� . -
amount oi the prapased assessment; failed to disc3ose the increase
and the allowance in the total propased assessment due to aoncrete
driveways, sidewalks, concrete slabs and other cor�crete work whiah
is being included on the assessment roll; also failed to disclos�',• �
. �
1
0
whether partial prepayment of the assessment has been authorized by
ordinance; and, incorrectly stated the payment provisions allowed
under the Statute, thereby causing the special assessment to be
defective.
2. That the Mendota Heights city council assessed the
property owned by Appellant for reconstruction and rehabilitation
street improvements, said property is legally described as:
Curleys Valley View Addn. So. 37'
Lot 5, Block 5 and all of Lot 6,
Block 5
and has,a street address of 2111 Patricia Street.
3. The amount of the assessment against the above-
described property totals Three Thousand Five Hundred Dollars ,
($3,500.00).
4. That all properties were equally assessed on a per
lot basis for this improvement project, without regard of per foot
lot size, frontage abutting the improvement, or corner lot location
considerations.
5. Said assessment was based on the theory that all
property owners will use the streets equally, even though Appellant
has a driveway access off of Lexington Avenue, in addition to the
access abutting Patricia Street.
6. Respondent discriminated against Appellant, who used
black top instead of concrete, by not doing the concrete work for
Appellant, after Appellant had removed shrubs in anticipation of
the concrete work being completed as discussed with Respondent.
7. Property owners, you used concrete, were allowed to,
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2 `
�
� add the cost of concrete driveways, sidewalks, extra concrete slab
areas and other work projects using concrete to their assessmen�
rall and pay for these improvements over a nineteen year {29}
period at the interest rate of seven percent {7�j. Appellant did
not know about the above offer befare choosing ta blacktop the
driveways and was not allowed to roll the aost of the improvement
,.
inta the tax as�essment roll. Appellant believes there is no valid
reason for distinguishing between concrete and blaak top for
allowing payment deferral for concrete only.
,�8. Further, Appellant believes said assessment against
the Appellant�s property is an unconstitutional taking af property
without due compensation, in that:
. {a} Appe2lant's property does not reaeive a special
� benefit from the improvement being constructed,
(b) The assessment is not uniform upon the same class of
property, and
(c) The �pecial assessment exceeds the amount of any
special benefit to Appellant from the improvement.
9. Upon information and beiief, Respondent taok more of
Appellant's property in an attempt to correct an error made in
].aying the original streets over twenty �20} years aqo, without
just compensation.
ip. Appellant also appeals on the grounds that the
assessment is arbitrary, capriciaus, confiscatory and unreasonable;
that there is not benefit �o the property of Appellant; that no
special benefit fram the improvement was or will be received; that,
. . , �. _.
. �, .
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3
the assessment exceeds the special benefit received, if any; that -
the method adopted by the council for the assessment is based upan
an erroneous theory of law and fact in calculating assessments;
that objectzons to the improvement, the method of construction, the
unequal treatment as ta amaunts added to the tax rollsf and the
proposed as�essment, have been previously made orally and/or in
writing to the Respond�nt; that the proceedings initiating �aid
impravements, the assessment procedures and the pubia no�ices in
connection therewith are unlawful, improper, i21ega1 and cantrary
ta the laws of the State af Minnesota; that said improvemen� is nat
a loca2 improvement and that the amaunt assessed exceeds the cost
af the improvement to the property purporting to be assessed and ,
that the entire improvement and the proceedings in connection
therewith are null and void.
ABEREFORE, Appellant respectfully prays for the fallowing
Caurt orders:
a. An Order setting aside the assessment and ordering a
reassessment because of the defective special assessment; or
b, An Order directing the Respandent ta Reassess its special
assessments for Improvement No. 93, Praject No. 4, with regard to
Appellant's property based on a permissible assessment ceiling of
zero.
c. Ordering Respondent to arrange for the completion of the
concrete work on Appellant's property at a cost of $40p.o0 as
stated by Respandent and allowing the cost to be assessed on the
tax roll, payable over nineteen {19) years at seven percent {7%},
,• �� � I z
4
0
interest.
d. Ordering the city to reimburse Appellant the cost of
black topping the drfveway and allowing the cost to be assessed on
the tax roll, the same as the concrete projects, payable over (19)
nineteen years at seven percent (7�a interest.
e. Ordering Respondent to pay to Appellant just compensation
for property taken by Respondent.
f. Ordering Respondent to pay Appellant's disbursements and
�osts incurred in this action.
g. . For such other relief as the court deems 'just and
equitable.
ACKNOWLEDGMENT
The undersigned hereby acknowledges that costs, disbursements
_ and reasonab3e attorney and witness fees may be awarded pursuant to
Minn. Stat. §549.21, subd. 2, to the party against whom tYie
allegations in this pleadi.ng are asserted.
Dated : i�
m
+
- .,
Sara Jo , P o se
2111 Patr ia Street
Mendota Heights, Minnesota 55120
Telephone: 612/454-9463
Attorney Registration No. 221636
�.;
fl
, ' _
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• ��
�ty
i j� 1 �� 1��ieridota Hei�hts
Sepiember 18, 1996r .
Sara. Jo Peotter ;
2111 Patri.cia Str�eet �
Mendata Heights, MN 55120
,.. • �• -r; . _
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:f •
: • . �,�: ..� -
Subje�t: Assessments
Street Reconstruction/Rehabilitation
' 7ob No. 9311
Impmvement No. 93, Project No. 4
Dear Ms. Peotter.
�
This is to notify you that the final assessment for Improvement No. 93, Pmject No. 4
was adopt.ed by the City Council af Mendot� Heights on September 17, 1.996 pursuant to
Minnesota St�tutes, Chapter 429, The final. assessment far Parcel No, 2'7-191p0-060-05 is,
$3,SIX}, as st�ted an the Natice of Hearing dated August 7, 1996.
You may remit the tt�tal assessment amaunt to City HG�ll at any time prior to October
17, 1996 without intem.st. Any assessments, unremittsd prior to OcGober 17, 1996, will be
ce�ed to the Countp Audi#or. Str�et recanstcuctionlrehabilitat,�an shall be payable over a
nineteen (19) year penod, collection with annual property taxes to be payable with genera]
taaces for the year 1996, collection in 1997 at an intenest rate of seven percent {7 �b} per annum
on the unpaid bata.nce.
If you bave any questions regarding this assessment, please contact me at 452-185p.
Sincerely,
��'r.�t et,�=-.- /�1 ���_-��---��.
Kathleen M. Swanson
City Clerk
KMS:dfw
1i01 Victaria Curve • �Viendata Heights, �►.N • 55118 4v2 • 1850
City of Mendata Heights
Dakota Couuty, M'innesota
NOTICE OF RFARiNG TO DETERIV�TE AND CONSIDER ASSFSSMENTS FOR
RECONSTRUCTION/R�'ABII.ITATION STREET Il12P'ROVEm�2EN'TS FQR
CUItLEY'S VALLEY VIEW AND SUR1tOUNDING ARTAS
(IlViPRO'VI!:MENT N4. 93, PR4JECT NO. 4)
T4 W80M IT MA►Y CONCF�ItN:
VV8EI.ZEAS, the City Council of the City of Mendota Heights, Dakata County, M[innesata,
deems it necessary and desirable to cansider the propcfsed assessments for the impmvements
hereinafter described.
N'QW 'TAEI,.�EF4RE, notice is hex�eby given that the City Council of the Cily af Mendata
Heights will hpld a public hearing on said propased assessments at the foltowing time and place witbin
the said City:
Date aad 7�me:
Location:
�esday, September 17, 1996
7:45 o'clock P.M. or as saan
pa�ssib% thereafter. �
Mendota 8eights City Hall
1101 Victoria Curve
Mendota Heights, M"'innesota 55118
The ,general nature of the improvements heretofo� known and designated as Improvement No.
93, Praject No. 4 for wluch said assessment are to be made is:
The constcudion of str�t impmvements consisting of the acqnisition of easements and
the grading, stabilization, drainage and bituminous surfacing, and the constiudion of
concrete curbs and gutters on the stre�ts to be situated in the area hereiz�after mom
particularly described.
The area propased to be assessed for said impravements is situated within the City of Mendota
Heights in Dakata County, Minnesafia, and is more partieularrly described as follows:
Those parcels abutting Cullen Avenue, h�aiy Ade1e Avenue, Patricia Avenue, Theresa 5treet,
Timmy Street, Tom Thumb Bauievard and William Court,
It is pmposed to assess every Iot, piece or parcel of land benefitted by said impravements
whether abutting thereon or not based upon benefits received without regard to cash valuation in
accordaace with the pmposed assessment roll thereaf which is now on iile with the City Clerk of the
City of Mendota Heights at the City Hall of said City aad which assessment roll is open to public
inspection.
� Pazcel No. 27-191Q0-060-05, is pmposed to have the following assessment:
Street RecanshuctionrR�habilitation:
�TQTAL
4! !f
$3,500.{}4
!�
.. .:
The propased assessmeu. _�ll when adapted and con; -Cfrrned as ta _..a pmper speciai
assessment for each of said lats, p%eces and parceLs of land respectively, and the assessment against each
pa�l, together with interest at the rate of seven ger�ent (7°b) per annum accnung on the full amaunt thereof
;Erom ti7me to tim.e unpaid, shall be a lien concurnent with general taues upon such parcel and all thereof. The
total amount of each assessment as ta street recanstructionlr�ha.bilitatzan impravements shall be payable in
equal amounts exteadi.n.g over a period of nineteen years; the fust of said insta]Lnents, together with interest
on the entire assessment commencing ttsirty (30} days fmm #he date af the affic'ra1 Ietter of assessment to
Ue�ember 31, 1996, t,o be payable with general ta�ces for the year 1996, collecrible in 199'7, one of each of
the remaining installments, tagether with one year's interest on that and all other unpaid installments, ta be
payable with general taxes far each consecutive year thereafter until the entire assessment is paid.
Be it known that priar to 4etober 17, 1996, the owner of any lot, piece or parcel of land assessed
hereby may at anytime pay the whale amount of such assessment, wiihout interest to the City Treasurer.
Persans desiring to be heaz�l with reference to the proposed assessments should be present at this
hearing. _
Written or oral. objec�ions to said praposed assessments will be considered at the me�ting. An owner
may appeal an assessment to District Caurt pwrsuant to Minnescata St�butes Section 429.081 by sen►ing notice
of the a�p�peal upon the Mayor or Cierk of the City within 34 days after the adoption of the assessment roll
and filing such notice with the Distxict Court within 10 days after searvice upon tbe Mayor or Clerk; howevear
no a�p�peat may be taken as to the amount of any individual assessment untess a written objectian signed by the=
affeded properiy owner is filed with the City Clerk prior to the assessment hearing ar presented to the
presiding vfficer at the hearing.
You are hereby adYiseci of ihe pmvisians of l�tinnesota St�iut�.s, Sections 435.293, 435.194, 435.195
which provides far the possibility oi' a defemal of speciai assessmenis in the case of hardslup for senior
citizens. �
This Councii pmpases to prcxeed under and pursuant ta the authoriiy granted by Chapter 429 af the
Minnesota Statutes.
Dated this '7th day of August, 1996
: • ' M :�' • 1' i 1
Kathleen M. 5wansan
City C1erk
City of Mendata Heights
Au�liary aids for disabled persans are available upan request at least 120 hours in advance. If
a notice af less than 12Q haurs is received, the Ci#y af Mendota Heights �rili make evezy ati+empt
to provide the aids, hawever, this may not be passi6le on shore notice. Please cantact City
Admini�stration at 452-1850 with reque.sts.
�
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CITY OF MENDOTA HIIGHTS
�:� •
October 24, 1996
TO: Mayor, City Council and City A�'�3trator
FROM: 7ames E. Danielson, Public Works D'
SUBJECT: Private Watermai.a Agreement - I3RA Senior Housing Facility
DISCUSSION:
City Fire Marshal, Paul Kaiser, required the Dakota County HRA to install a fire
hydrant at their Senior Housing Facility site which is currently under construction at the end of
South Plaza Drive. St. Paul Water Utility requires that all hydrants and their leads on private
propefiy be installed within easements, and under the terms and conditions of a private
watermain agreement. St. Paul Water also requires that the City of Mendota Heights be part
of the agreement.
RECOMIVIII�TDATION:
I recommend that Mendota Heights enter into the attached private watermain easement
agreement with Dakota County HRA and St. Paul Water Utility.
ACTION REQUIRED:
If Council desires to implement the recommendation they should pass a motion
authorizing the Mayor and City Clerk to execute the attached agreement on behalf of the City.
1
AGREEMENT
THIS INDENTURE, made this day of , 1996 by and
between THE DAKOTA COIJNTY HOUSING AND REDEVELOPMENT AUTHORITY,
a Political Subdivision of the State of Minnesota, hereinafter designated as"Owner", the CITY
OF MENDOTA HEIGHTS, a Minnesota Municipal Corporation, hereinafter designated as
"Mendota Heights" and the BOARD OF WATER COMMISSIONERS of the City of Saint
Paul, a Minnesota Municipal Corporation, hereinafter designated as "Boazd"; and
WHEREAS, the Board during all times herein mentioned did and does manage, control
and operate, pursuant to the Home Rule Charter of the City of Saint Paul, its water works and
public water supply system primarily for the purpose of furnishing an adequate supply of water
for industrial, commercial and domestic purposes to residents of the City of Saint Paul within its
corporate limits, and incidentally to residents of the City of Mendota Heights for the same or
similaz purposes, pursuant to agreements by and between the Board and said last named City and
ordinances of said City of Saint Paul and City of Mendota Heights germane thereto; and
WHEREAS, the Owner owns the following described land situated within the corporate
limits of said City of Mendota Heights in the County of Dakota, State of Minnesota:
Lot 1, Block 1, Mendota. Heights Senior Housing Addition
and has made application to the Board for water supply service to be afforded from the Mendota
Heights public water supply system to the Property according to the rates and charges payable
therefore by the Owner, its successors or assigns, to such municipality or the Board as the same
may be established from time to time; and
WHEREAS, Mendota Heights and the Boazd have made subsisting agreements, by and
between them, germane to the extension of water service for the aforesaid purposes, from said
public water supply system of said City of Saint Paul, by the Board, to said City of Mendota.
Heights and the residents of the same within its corporate limits, and such extension of water
supply service has been and now is the subject of city ordinances germane thereto duly enacted
by the City of Mendota Heights and said City of Saint Paul, this agreement to be deemed subject
to said prior subsisting agreements and said ordinances.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties, for themselves, their successors and assigns, do hereby mutually agree as follows:
1. The Owner does hereby convey and grant to Mendota Heights and the Board a
perpetual water main easement in, under, through and over and across the following portion of
the property:
See Attached Exhibit A
2. Mendota Heights and the Board do hereby grant permission to the Owner to
construct, maintain and repair a private water main necessary for the furnishing of water service
to the Property subject to the terms and conditions contained herein.
1452688
3. The Owner shall construct the private water main at its sole cost and expense, in
strict accardance with appro�-ed pians and specifications on file with the Baard, urider the
supervision and subject to the approval of the Board within the Easernent Area described in.
� Section I. The {�wner shail pay a deposit ta the Baard to reimburse the Baard far inspection
costs plus an administrative fee of $300,p0. All service connections from the private main shall
be constructed by the 4wner at its soie cast and expense, in strict accord with the pians and
specifications approved and an file with the Board under the supervision and approval of the
Board. '
4. All necessary maintenance, repazrs, operatian andlor replacement of the main and
service connections shall be bome by the Owner at its sole eost and expense, in strict accord with
plans and specifications approced and on fiie with Mendota Heights and the Board and subject to
appra� al by Mendota Heights and the Board.
5. Mendota Heights and the Baard, at the request of the 4wner, ar in case of default
by the Owner in relation to the construction, reconstructian, maintenance, repair or operatian of
said priva#e main, may enter upon the Easement Area and const�zct, reconstt�zct, maintain, repair
or operate said private main £ar the aforesaid purpases of the same and all reasonable cost and
expense thus incurred by the Baard shall be chargeable by the Board ta the 4wner and shall
become due and payable upon presentatian of an invoice therefore; and if such charges are not
paid when due, t2�:ey shall became and canstitute a Iien upon the Property. In the event of
nonpavment, the Boazd reserves the right to deny service.
6. The Board agrees to supply water service to the Property as the same have been or
shall be develaped for cammercial purposes, subject to and in accardance with applicable rates or
charges, rules and regulations as they aze or shall be established from time to time by the Board.
It is understoad and agreed, ho«ever, #hat the Baard undertakes to supply such water supply oniy
in case the pressure in its mains is sufficient to enable it so to do, and the Baard assumes no
respansibitity for failure to supply water resuiting from acts ar conditians beyond its control.
7. It is agreed by and between the parties hereto that this agreement shali be subject
to water service rates, rules and regulations germane to the subject to this agreement now in force
and hereinafter prescribed and prornulgated by the $oard or by Mendota Heights and further that
there shall be and hereby is reserved ta the Board and to Mendota Heights the right to change,
revise, alter, and amend such rates, rules and regulatians as their discretion shall direct to the end
that such rates, rules and regulations shall be reasanable.
8. No extension of the private water main shall be made withaut the grior written
cansent of Mendata Heights and the Board. All necessary service connectian taps from the
private water main shali be installed by the Board upan due application therefor on a form
supplied by the Board and shall be installed by the Board at the cost and expense of the party
requesting the same,
9. The Board reser�es the right to shut off the water service when necessary for the
extension, replacement, repair or cleaning of the private water main or apparatus appurtenant
thereto, and the Board shail nat be held liable for any damage occasioned thereby.
10. This agreement shail be binding upon the Uwner, its successors and assigns. The
Owner shall not assign its rights and obligations hereunder without first obtaining the written
iasz6ss 2
�.
consent of the Boazd, �vhich consent shall not be unreasonably withheld by the Board. In the
event that the Owner desires to transfer its title to a portion of the premises described in Section 2
hereof, it is expressly understood and agreed that the Owner and transferees shall enter into an
agreement by which the transferees shall agree to pay all or a proportionate share of the cost of
maintenance and replacement of the private water main and further agree to assume all or a
proportionate share of the responsibility and liability arising out of the operation, maintenance,
use and repair of the main or service pipes. This agreement shall be in form as to be subject to
the approval of the Boazd, and the Board shall be provided with an executed copy of the
agreement.
11. The Owner, in consideration of its being supplied water by the Board, upon the
terms and conditions herein outlined, shall comply strictly with all of the rules and regulations of
the Board, and shall pay or cause to be paid unto the Boazd therefor according to all applicable
rates and charges prescribed and promulgated therefor by the Board now in existence or as may
be modified or amended, which aze hereby incorporated by reference. The Board reserves the
right to shut off the water suppl� for nonpayment of applicable water charges, and it is expressly
agreed that such unpaid water charges and costs incurred by the Boazd pursuant to this agreement
shall be and constitute a lien upon the Property.
12. The Owner, its successors and assigns, shall indemnify, defend and save harmless,
Mendota Heights and the Board, its officers, agents, employees and servants from all suits,
actions or claims which shall arise from any injuries or damage caused by any break or leak in
any service pipe, private main, other main or connection authorized by this agreement except
those arising from the negligence of Mendota Heights or the Boazd that may occur from the
furnishing of a supply of water by the Boazd to the Owner, its tenants, successors and assigns or
other persons, firms or corporations served and to be served by this private water main; and
further, that the Owner, its successors and assigns, shall indemnify, defend and save harmless
Mendota Heights and the Board against any claim, action or lawsuit brought against Mendota
Heights or the Board, except those arising from the negligence of Mendota Heights or the Boazd,
in connection with or as a result of the furnishing of such supply of water, by Mendota Heights
or the Board, to the Owner, or other persons, firms or corporations served on the Property by
such private water main or service connections.
ias�bas 3
�
DAKOTA COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY
By: _
Title:
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of ,
1996, by the of the Dakota
County Housing and Redevelopment Authority, a Political Subdivision of the State of
Minnesota, on behalf of the Political Subdivision. .
ias�ess
Signature of person taking acknowledgment
►,�
�
CITY OF MENDOTA HEIGHTS
By:
Mayor
By:
City Clerk
STATE OF MINNESOTA )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
1996, by and ,
the Mayor and City Clerk, respectively, of the City of Mendota Heights, a Minnesota Municipal
Corporation, on behalf of the Municipal Corporation.
Signature of person taking acknowledgment
1452688 5
( -M
APPROVED:
0
Bernie R. Bullert, General Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF )
FORM APPROVED:
Assistant City Attorney
City of Saint Paul
BOARD OF WATER COMMISSIONERS OF
THE CITY 4F SAINT PAUL
:
:
Dino Guerin, President
Janet Lindgren, Secretary
The foregoing instxument was acknowledged before me this day of ,
1996, by Dino Guerin, President ar�d Janet Lindgren, Secretary of the Board af Water
Cammissioners of the City of Saint Paul, a Minnesota Municipal Corporation, on behalf af the
Municipal Corparation.
Signature of person taking acknawtedgment ,
THIS [NSTRUMENT WAS DRAFTED BY:
Saint Paul Water Utility
Suite A�40
8 East Fourth Street
Saint Paul, MN 55101
z
1452688 �
COUNTERSIGNED: —
�
Martha A. Larson, Director
Department of Finance & Management Services
City of Saint Paul
STATE OF MINNESOTA )
)SS
COUNTY OF RAMSEY )
The foregoing instrument �vas acknowledged before me this day of ,
1996 by Martha A. Larson, Director of the Department of Finance & Management Services, City of Saint
Paul, a Minnesota municipal corporation, on behalf of the corporation.
Signature of person taking acknowledgment
COUNTERSIGNED
Fred Owusu, City Cterk, City of Saint Paul
STATE OF MINNESOTA )
)SS
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of ,
1996 by Fred Owusu, City Clerk, City of Saint Paul, a Minnesota municipal corporation, on behalf of the
corporation.
Signature of person taking acknowledgment
COUNTERSIGNED:
Norm Coleman, Mayor, City of Saint Paul
STATE OF MINNESOTA )
)SS
COUNTY OF RAMSEY )
The foregoing instrument �vas acknowledged before me this day of ,
1996 by Norm Coleman, Mayor of the City of Saint Paul, a Minnesota municipal corporation, on behalf
of the corporation.
I �152688
7
Signature of person taking acknowledgment '
EXHIBIT A
An easement for water line purposes over a strip of land 30.00 feet in width located in Lot
1, Block 1, MENDOTA HEIGHTS SENIOR HOUSING ADDITION, according to the
recorded plat thereof, Dakota County, Minnesota, the centerline of said easement is
described as follows: Commencing at the northeast corner of said Lot 1; thence South 00
degrees 11 minutes 48 seconds East, assumed bearing, along the east line of said Lot 1 a
distance of 175.00 feet; thence North 59 degrees 09 minutes 14 seconds West 20.00 feet
to the point of beginning of the centerline to be described; thence continuing North 59
degrees 09 minutes 14 seconds West along said centerline 271.83 feet to its intersection
with the northwesterly line of said Lot 1 and said centerline there terminating. �
The sidelines of said 30.00 foot strip shall be shortened or lengthened to terminate on the
northwesterly line of said Lot 1 to form a continuous strip.
iasz6ss 8
CITY OF MENDOTA HEIGHTS
MEMO
October 29, 1996
�"�
TO: Mayor, City Council, City A��V��tor
FROM: Kathleen M. Swanson�5
City Clerk
SUBJECT: Truth-in-Taxation/Budget Hearing
INFORMATION
The dates the city can select for its Truth-in-Taxation/Budget Hearing and subsequent
hearing aze dictated by the hearing schedules set by the county and school district. Sta.te statute
mandates that the initial hearings for each of these taxing jurisdictions be conducted on separate
dates during the time period from November 29 to December 13. The regular City Council
meeting dates have been taken by the county and school district. For these reasons, Council
must conduct the city's hearings apart from a regulaz meeting.
Council's response to a brief inemo from Treasurer Shaughnessy in September about
setting an initial hearing date appeared to be that Wednesday, December 4 would be acceptable.
RECOMMENDATION
I recommend that Council conduct an adjourned meeting at City Hall at 7:30 p.m. on
Wednesday, December 4 for the purpose of conducting an initial Truth-in-TalcationBudget
hearing. I further recommend that Council schedule an adjourned meeting for Wednesday,
December 11 at 5:00 p.m. for the purpose of conducting the required subsequent hearing.
ACTION REOUIRED
If Council concurs in the recommendation, it should pass a motion to conduct adjourned
meetings on Wednesday, December 4 at 7:30 p.m. and on Wednesday, December 11 at 5:00 p.m.
for the purposes of conducting the city's Truth-in-Taxation/Budget initial hearing and subsequent
hearing.
� 1
:�
�
�
CITY OF MENDOTA HEIGHTS
October 30, 1996
TO: Mayor, City Cauncil, and City A s� ar
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Building Permit for Manna Freight
Discussion
Mr. Giesen, representing Manna Freight, attended the Octaber 15, 1996 meeting of the
City Council to discuss their plans for a warehouse an Enterprise Drive immediately east
ofBDS. The Council vated ta autharize Staffto issue a Building Pernut to Manna
Freight far the plans presented in the applicatian without granting a 24' setback variance
for their sign. The Council then directed Staffto place the sign variance on the agenda for
the Navember 5 Council meeting and requasted that Manna Freight formally request the
variance.
Please see the attached latter and application form submitted by Manna Freight.
Recommendation
Staff recommends that the Council grant a 20 faot setback variance to Manna Freight far
the sign as indicated on plans aiready submitted to the Council. This setback zs in keeping
with the United Properties sign policy and has a strong precedent throughout the industrial
park.
Council Action Required
If the Council concurs with Sta#� s recommendation, it should pass the attached ,
Resolution 96- : A RESQLUTION GRA.NTING A SIGN SETBAC� VA�sANCE
FUR MANNA FREIGHT.
�
CTTY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESOLUTION GRANTING A SIGN SETBACK VARIANCE
FOR MANNA FREIGHT
WHEREAS, Manna Freight has requested a Setback Variance of 20 feet for a
building sign as proposed on plans approved by the City Council with the exception of
said sign variance on October 15, 1996,
NOW, THEREFORE, IT IS �REBY RESOLVED by the City Council of the
City of Mendota Heights that the requested a Setback Variance of 20 feet for a building
sign as proposed on plans approved by the City Council with the exception of said sign
variance on October 15, 1996, is hereby granted.
BE IT FLTRTHER RESOLVED by the City Council of the City of Mendota
Heights that the requested a Setback Variance of 20 feet for a building sign as proposed
on plans approved by the City Council with the exception of said sign variance on October
15, 1996, is in conformance with the United Properties sign policy for the Business Park
and will have no adverse impact on the health, safety and general welfare of the citizens of
the community and the surrounding land and that said proposed improvements are not
adverse to the general purpose and intent of the Zoning Ordinance. �
Adopted by the City Council of the City of Mendota Heights
this Sth day of November, 1996. .
ATTEST:
:
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
:
Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor
c ''�I
�
~i � �� �� �
FF�Ei�HT SYSTEMS, iNC.
4ctober 16, 1996
Patrick Hollister
City of Mendata Heights
1101 �ctoria Curve
Mendota Heights, MN SS 118
Dear Pat,
This letter is a formal request for a variance on the City's (4Q) forty foot set back
reguding signage ptacement io a{20} twenty set back. Our signage witl confarm to the
applicable United Properties cavenants. .
The Ma.yor asked me to put this request in writing so it rna.y be plaaed on the Consent
Calendar at the October 29th czty c�unci� meeting.
If yau liave any questions ar require anything in addition, piease feei free to contact me at
686-0103. Thank you for your assistance.
S eiy,
an Meehan
President
�
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APPLIGA�"I�?l� FOR Ct3NSID�RATIt?1�t
�`
PLANNIl'�G �tEQUEST
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0
LIST OF CONTRACTORS TO BL APPROVED BY CITY COIINCIL
i,. -�,.- .
Coacrete/Ni?sonrv Contractor License
First Impressions
Jack Pixley Sweeps,Inc.
n�ai�fStLcco Coatractor Licease
Drywall Detailers
Sxcavatiag Coatractor Licease
Metro General Services, Inc.
Steininger Construction Co., Inc.
Gas Piping Contractor Lice�se
Associated HVAC
Blaine Heating, Air Conditioning & Electric, Inc.
CSH Enterprises
SVAC ContrBetors License
The Birch.Company •
Blaine Heating; Air Conditioning & Electric, Inc.
CSH Enterprises
MacDonald Plumbing Co. , .
Ge+�e±"a� Coatractor ,License � � ,.
Befort Roofing -Inc. �
Giesen Construction, Inc.
Steve�Niznik'Construction Company
Rutledge Construction Company
Storage Equipmerit, Inc.
Twin City Door Company
-�aa Coatractor License .•
Twin Cities Sign Images,�Inc. .
,
efl
0
CITY OF MENDOTA HEIGHTS
i� �
November 1, 1996
To: Mayor and City Council
��
From: Kevin Batchelder, City A'�� or
Subject: Introduction of Ms. Margaret Dutcher - Mrs. Mendota Heights
DISCUSSION
Margie Dutcher, of 2506 Claremont Drive, will be representing Mendota Heights in
the Mrs. Minnesota Pageant in 1997. She will be before City �Council on 7�esday evening to
meet with City Council and to provide an opportunity for City Council to introduce Margaret
Dutcher to the community.
Mayor Mertensotto, Councilmember Jill Smith and myself has aa opportunity to meet
Ms. Dutcher at the SuperAmerica Grand Opening in September and felt it would be interesting
to introduce her to the Council and the community. She has agreed to be present T�uesday
evening.
ACTION REOUIRID
Meet witti Mazgaret Dutcher, Mrs. Mendota Heights and introduce her to the
community. �� � • � . � .
9
0
�
���.M{�! _ ��1• R�! i����l�l I.Y
1,�11��� �
November 4, 199b
TQ: Mayor, City Council and City Administrator
FRUM: Guy Kullander, Project Rllanager
SUBTECT: Fi.re F][all Raof Replacement
Jab No. 9619, Improvement 96, Project No. 5
DISCUS5ION:
Bid ogening for this pmject was at 10:30 a.m. Monday, November 4th. Bid packets
were mailed to eleven firms selected fram the teiephone directory and an Advertisement for
Bid ran in the Southwest Review.
The following firms submitte� Bids:
1. Berwaid Rao�'ing Co., North St. Paul, MNj$64,673.00 `
2. McPhillips Bms., St. Pau1, MN ``--$64,$70.(?0�
3. Thomas Finn Company, St. Paul, l�'IIv $75, 691.OQ
� � �► :�� _ - : �� :�
Included in the bid packet was a request for a bid ta fabricate and inst;all an exterior
metal stairway from t�►e lower level to the mid-level roaf. Curnent access is by a step la.dder
on top of an airhandling hausing. Acc,�ss to this roaf is required %r mechanical service
technicians, the emergency warning siren, and could also be.used by the Fire Fighters, if
necessary, during their ladder dril] trai.ning exercises. The iower and upper raof Ievels can
currently be accessed. by an internal stairway or ladder.
The bid proposal noted that the cost af this alternate item WOULD NQT BE
CONSIDERED part of the totat bzd to determine the lowest qualif'zed bid, The iow bidder,
Berwald Roofing, submitted a cost of $2,536.(}0 for thic item.
RECQMM[EN]DATIQN;
I recommend that the firm of Berwa.Zd Roafmg be awarded the contra.ct to replace the
Fire Hall Roof for the lowest bid submitted of $64,673,00. I further recommend that Add
.Alternate Item #1 for the fabrication and instailla.tion af an e�cterior meta2 stairway be added to
this contract. (Fum references attached).
ACTION I2F.QZTIRED•
City Council shauld aclrnowledge receipt of bids for the replacement of the Fire Hall
Roof and 3f they so desire, award the bid to Berwald Roofing Company for their Iow bid of
$64,673.001. If Gouncil wisties to adopt the recomrnendation to add an eacteriar metal roaf
st��irway they should include $2,636.00 to the bid award for a total of $6'7,309.00.
�
ATTACHMENT
REFERENCES
Berwald Roofing Company, Inc. is the, or one of the largest roofing firms ia the Twin Cities
area and has been in business for over forty-five years. Steve Megge, a representative of the
fum at the bid opening pmvided the attached list of references.
I attempted to contact several firms on the list, but have only had conversations with two, at
this time.
Mr. Pete Nottelson of Inspec, Inc. (an engineering consulting and conshuction firm) says he
has used Berwald maay times and has no hesitation in hiring them for future pmjects. He
states that their work is fust class and that they are very responsive on call backs when
required.
Mr. Dan Leko, Hill Murry High School stated that Berwald did a major project at the High
School several years ago and the fum was very easy to work with. They have engaged them
on several occasions to do additional work on small projects and report that their charges are
very reasonable for the service they provide.
� �y
11/04/1996 12:01 612-777-1371 BERWALD ROQFING PAGE 81
177-Td21
BER�A�� R��FI NG ��. I n�.
�
Industrit�l - Commercic�l - Residential
ROC}EiNG AND SHEET METAL
2440 NpRTN CHARLES ST,
NORTH S7. PAUL, NtINN. SSI09
JOH REFEREkCES
HONEYW�LL THQ2i RTTCHIE
McGOUGI3 FEDERAL RE�ERVE MARK MILLER
INSPEG, INC. U t]F M PET£ HC]TTELSO!^t
AKIMAL SCIEHCE &
FOQD SCIENCE
ROOF SPEC ?iACAL£ST£R GOLLEGE TERRY TFiQNE
HAZELDEtI JQAH DROEHER
HIL.L IiURRAY HIGH SCHOOL
BUD BUELOV�
P�oBi=It" #�rand f� t�ansmittal memo 76T1 +�of�,sQe: ► �
R
951-5824
633-5050
545-3434 t�
639-0644
257-4010
777-1376 ��
n
�
T0:
���
CITY OF MENDOTA HEIGHTS
I_►�i C�L•7
October 28, 1996
Mayor, Ci Council and Ci Adm�Yi�frator
tY tY
Guy Kullander, Project Manager �
�
SUBJECT: Fire Hall Roof Replacement
Job No. 9619, Improvement 96, Project No. 5
. •�
Specifications and bid proposals have been sent to eleven roofing
contractors and an Advertisement for Bids was published in the SouthWest
Review. The bid opening is scheduled for Monday, November 4 at 10:30 a.m. and
the results will be presented to the Council for award at the November 5 Council
meeting.
Bidders are required to include a five percent Bid Bond with their Bid and the
successful low bidder .awarded the contract is required to provide a Performance
Bond. One potential bidder, Befort Roofing, which has been assisting the Fire
Department with temporary repairs and had submitted an informal proposal to
replace the roof, has declined to submit a formal bid because "their firm does not
give Performance Bonds on projects they undertake".
The following firms currently have received copies of the roof specifications
and bid proposal:
Thomas Finn Company
Befort Roofing
SELA Roofing
Tachney Roofing
Walker Roofing
Brewald Roofing� �
• • \ i • ; �
McPhillips Brothers Roofing
G&S Roofing
Kastle Roofing
All Star Construction
Aurora Roofing
No action is required for this memo. The Add'On Agenda for Tuesday's
meeting will include a Bid Tabulation and a Recommendation of Award.
GDK:kkb
1 I 1 � • :1 :
i� r
November 1, 1996
To: Mayor and City Council.
�
From. Kevin Batchelder, City Ad ' or
Subject: Consideration of Tobacca Restrictian Ordinance
; : ��i i1 �117
On October 1, 1996, the City Council entertained a request by Mr. Steven Mazkes, a
resident at 745 h[illtop Raad, to consider an ordinance that wau2d restrict. youth access to
tobarco in Mendota Heights. City Conncil indicated same support for this effort, however, in
an effart to pmvide a unifoa�m palicy r�:stricting tobacca access for youth throughout Dakata
County they requested that Mr. Markes contact Dakota County health off'icials to wark on a
unifarm palicy. �
Mr. Markes was referred to the Dakata Alliance for Prevention (DAP) and has been
workYng with Ms. Gina Adasiewicz, Prevention Specialist at•�AP. The DAP is supporting the
League of Minnesota: Cities model pc>licy as the uniform policy for the municipalities in
Dakata. County to consider.
DISCUSSIUN .. .
Mr. 14Zarkes and Ms. Adasiewicz will be present Tuesda.y evening Lo discuss the Leagcie
of Minnesata Cities model �tobacca restrictian ordinance: �The model ordinance that you have
hefore you this evening �is an updated version of the ordin�ce ihat you considered in October.
Many of the pmv.isions that were restrictive to retailers, and thus liable for court challenges,
have been removed from the model ordinance.
City staff has reviewed this new model ordinance with Mr. Markes and he supports it
as it is focused on limiting youth access to tobacca: Mr. Markes has indicated that he wauld
favor twice yearly compliance checks, as opposed to orice a.�ear compliance checks. (See
Section 1000 of attached model ordinance.) � � � . � �� � ' � � . � �
. Police Chief Delmont has also reviewed the model ordinance and his comments are
attached in a memo dated Uctober 29, i996. Cirief I3eimont is concerned about the
administrative burden �af background checks and the costs and t�ain�ing associated with �
compliance checks. (P'lease see attached memo.)
�
R r
While this issue has been covered in local papers following the October 1, 1996 City
Council meeting, there has not been any formal City notice � retailers that may be affected by
this Ordinance. Unlike �a change to the Zoning Ordinance; � the City Council may adopt an
Ordinance without the requirement of a public hearing and that the ordinance is enacted upon
ofFicial publication of the ordinance. If City Council desires to proceed with a tobacco
resiriction ordinance, they should provide staff with direction on formal adoption of this
ordinance.
ACTION REQUIRED
Meet with Mr. Markes and Ms. Adasiewicz and consider the League of Minnesota
Cities model Tobacco Ordinance. If the Council desires to enact the Ordinance, they should
direct staff on how to proceed.
Note: The League of Minnesota Cities Model Tobacco Ordinance includes a
Disclaimer (cover sheet) and a two page follow-up that discusses �ome of the
riskier�ordinance pmvisions that were removed from the original model policy
. because of court challenges or liability.
�
Uct 30, 1996
Dear Mayor Mertensotta & City Gouncil Members:
Thank you for the support that I received on Oct 1 st when I addressed the
council concerning a Youth Access ta Tobacco Ordinance. Following the
Mayor's suggestion, and with the nelp of Mr Kevin Batchelder, I have been
in contact with a Ms Gina Adasiewicz who works on the youth access
issues at a county level through the Dakota Alliance for Prevention
A.S.S.I.S.T. program. i have arranged to have Ms Adasiewicz be present at
the Nov Sth cauncil meeting. I call your attention to an updated version of
the model ordinance drawn up by Kent Sulem at the League of Minnesota
Cities. I believe that this updated model addresses more concerns of the
retailers and offers them more alternatives, eliminates specific issues
that that are more likely to result in a court challenge and overall is more
positive while keeping focused on the primary goal.
Given all the facts, it troubles me that our society has been so tollerant of
tobacco use among our minors. Because so many health care organizations
are supporters of Smoke Free Coalition i approached them as a source for
help and information, but, 1 would like it to be clear that my initiative is
as a health care provider and as a resident of Mendota Heights. It is my
hope that you will review this ordinance and consider how it can best be
used in our city.
Respectfully,
�1-�-c�o
Steven Markes
745 Hi 11 top Road
!
Mendota Heights Police Department
MEMORANDUM
October 29, 1996
TO: Kevin Batchelder �
Ciry Administrator
FROM: Dennis Delmont
Chief of Police
Subject: Tobacco Restrictions
You had requested comments on the League of Minnesota Cities' model ordinance for
tobacco restrictions and an attempt by a citizen to have our city council adopt such
ordinance. My comments are as follows:
1. Section 300, subd. l, line 3: The word "applicant" is used throughout the ordinance and
would suggest that this may create some difficulry. Who is the applicant for a Super
America Station? Is it the manager, the corporadon, the district manager, or a shift
leader? You can see how we would have a problem enforcing sanctions against an
applicant if, in fact, the offending clerk was working without the supervision of that
specific applican� As an example, the manager of a Super America Station may work
8:00 to 4:30, and never even see a clerk who works the late night hours. The ordinance
would make that manager responsible for the actions of that clerk, when in fact that clerk
is supervised by another.
2. Section 300, subd. 2, line 4: Background check. I'm a little confused as to whether or
not the items indicated as cause for denial of a tobacco license would actually show up
in a typical background check. Several of these are administrative actions, or actions
by other ciry councils, that would not be considered criminal in nature, and we would
have a difficult time accessing that information.
3. Section 1,000: Compliance checks and inspections, line 4: This section obviously
mandates that the authorized city official would conduct compliance checks or "stings"
at least once per year. I note that in the copy of the ordinance I received, once has
been changed to reflect twice per year. If, in fact, it's the police depariment rather
than the city clerk or any other department that performs these compliance checks,
I would suggest that sufficient monies be made available for the training and actual
time spent on those checks.
4. Subd. 1200, Violations and penaldes, line 1: The violator shall he issued a citation.
It is not clear to me whether the violator is to be considered the clerk or the licensee.
In many instances, the violator is going to be a low paid and possibly underage
clerk who may not have the wherewithal to pay an administrative fine. I would
request that the ordinance, if passed, clear up this language by indicating that the
seller and license holder be issued a violation.
5. Section 1200, Violation and penalties, line 24: This provides the opportuniry for a
violator to essentially have their record remain clear if they pay an administrative
fine. I would request that the city research the possibiliry of maintaining records of
this type of offense, so that an escalating fine schedule could be followed. There may
be data privacy questions involved in maintaining these records if, in fact, the records
are created as a result of administrative action, rather than criminal conviction.
Discussion
This is a commendable effort by Mr. Marks, and is also a trendy effort in the metropolitan
area. My primary concerns rest in the fact that we are by ordinance creating a new class of
criminal; that would be the licensee or manager of a store that is involved in the sale of
tobacco to a minor. A 16 year old clerk who sells a pack of cigarettes to a schoolmate in
essence could be creating a criminal record for the absent manager of that store.
ff indeed cigarette smoking has become such a burden on cities and society in general,
possibly the ciry council could look at an ordinance that would prohibit the purchase, sale
or use of tobacco products by any gerson in Mendota Heights, rather than targeting
juveniles and the business commumty for a societal problem that is prevalent throughout
the country, and often encouraged by parents of the minors or children involved.
Nearly all of the elements involved in the model ordinance can be accomplished by the
enforcement of existing laws. The police department under the direction of the ciry council,
must only determine what the priorides should be for the public's safety, given the amount
of resources available.
�
LMC Modcl Tobacco Ordinance
6/96 revised edition
Disclaimer:
The following model ordinance is an attempt to provide cities with a comprehensive and
enforceable means of controlling and reducing the illegal sale, possession, and use of tobacco,
tobacco products, and tobacco related devices to and by minors. It is a compilation of provisions
from city ordinances from both Minnesota and other states.
The provisions of this ordinance have either�been upheld by the courts, or should be reada.bly
defendable. At the end of the ordinance is a list of additional regulations a city may wish to
consider, but these provisions are either untested or aze currently being challenged in the courts.
Cities are advised to use caution before adopting "cutting edge" provisions unless they �aze
prepazed for defending the ordinance against a legal challenge. As the courts rule on cases
involving "cutting edge" regulations, the League will report on the outcome of the �ases and
cities can subsequently amend their ordinances as needed.
Please note that this is only a model ordinance. While intended to be comprehensive, this
ordinance may not contain the full extent of regulations a city may ultimately impose in
controlling the problem of illegal tobacco sales and use. For other cities, it may contain more
restrictive measures than they wish to impose. In addition, there are options listed throughout the
ordinance that each city will need to decide how to handle. Each city should make any necessary
changes to meet the needs of that particular city. Further, cities are encouraged to work with
their business community in the development of their tobacco ordinances. Cooperative efforts
usually result in better ordinances for the needs of individual communities and the enforcement
of those ordinances.
For additional assistance or information on this type of ordinance, please contact the League's
Codification Attorney. Minnesota ASSIST is available to respond to requests for technical
assistance and information in the azea of preventing youth access to tobacco, tobacco products,
and tobacco related devices. The Minnesota. Retailers' and Grocers' Associations are available
to provide assistance in dealing with the concerns of retailers. It is likely that other groups, both
public and private, aze also available to provide information and assistance from their
perspectives. In addition, the League strongly encourages all cities to discuss this matter with
their city attorneys before adopting this or a similar tobacco ordinance.
�
`
LMC Model Tobacco Ordinance
8/96 revised edition
Ordinance #
An ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco
related devices in the city and to reduce the illegal sale, possession, and use of such items to and
by minors. �
The City Council of the City of Ordains: „ ote: This language is the accepted
language for statutory cities. An individual city's charter may require different language for that
particulaz home rule charter city.)
Section 100. Purpose. Because the c:ty recognizes that many persons under the age of 18 years
purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related
devices, and such sales, possession, and use aze violations of State laws; and beca.use studies,
which the city hereby accepts and adopts, te: City should list the specific studies and reports
that it uses.) have shown that most smokers begin smoking before they have reached the age of
18 years and that those persons who reach the age of 18 years without having started smoking aze
significanfly less likely to begin smolcing; and because smoking has been shown to be the cause
of several serious health problems which subsequently place a financial burden on all levels of
government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco,
tobacco products, and tobacco related devices for the purpose of enforcing and furthering �
existing laws, to protect minors agai.nst the serious effects associated with the illegal use of
tobacco, tobacco products, and tobacco related devices, and to further the official public policy of
the State of Minnesota in regazd to preventing young people from starting to smoke as stated in
Minn. Stat. § 144391. �
Section 200. Definitions and Interpretations. Except as may otherwise be provided or cleazly
implied by context, all terms shall be given their o y acce te e hon . The singulaz
sha11 include the plural and the plural shall include the singular. The masculine shall include the
feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may"
means permissive. The following terms shall have the definitions given to them:
Subd. 1 Tobacco or Tobacco Products. "Tobacco" or "Tobacco products" shall mean
any substance or item containing tobacco leaf, including but not limited to, cigarettes;
cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers;
cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings,
cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in
such manner as to be suitable for chewing, sniffing, or smoking. (Note: This definition
expands on the statutory definition to be more inclusive.)
Subd. 2 Tobacco Related Device ."Tabacco related devices" shall mean any ta6acca
product as well as a pipe, rolling papers, or ather device used in a manner which enables
the chewing, sniff ng, or smoking af tobacca ar tobacco praducts.
Subd. 3 Self-Service Merchandisin�. "Self-Service Merchandising" shall mean open
displays of tobacca, tobacca praducts, or tobacco related devices in any way where any
persan shall have access to the product withaut the assistance or interventian of an
employee of the premise rrtainta.ining the self-service merchandising. Setf-service
merchandising shall nat include vending machines.
�ubd. 4 Vendin�; Machine. "Vending Machine" shall mean any mechanical, electric or
eiectronic, or other type of device which dispenses tabacco, tobacco products, or tobac+co
related devices upon the insertion of money, tokens, or other form of payment directly
znto the machine by the person seeking ta purchase the tabacco, tobacco praduct, or
tobacco related device. ote: At least one jurisdiction has ruled that a device by wluch
an employee must insert the money in arder ta ogerate the machine is not a vending
machine for the pnrpose of this type of ardinance).
�d. 5. Individuall��ackaged. "Individ�zally packaged" shall mean the pracrice of
selling any tobacco or tobacco product wrapped individuatly for sate. Individually
wrapped tobacco and tobacco products shall include, but not be limited to, single
cigazette packs, single bags or cans of loose tobacco in any fonn, and single cans or other
packaging of snuff or chewing tobacco. Cartons or other packaging containing more than
a single pack or ather container as described in this subdivision shall not be considered
individually packaged. �
Subd. b Loosies. "Loosies" shail mean the common term used to refer to a singie or
individually packaged cigazette. I
/
Subd. 7 Minor. "Minor" shall mean any atural person ho has not yet reached the age
ofeighteen {18) years.
�ubd. 8 Retaii Establz`shment. "Retail Establis�nent" sha11 mean any piace of business
where tobacco, tabacco products, ar tobacco related devices are available far sale to the
generai pubtic. Retaii establishments shall inciude, but nat be limited to, grocery stores,
convenience stores, and restaurants.
Subd. 9 Maveable Place of Business. "Moveable Place of Business" shall refer to any
form of business operated out of a truck, van, automobiie, or other type of vehicle or
transportable shelter and not a fixed address store front or other permanent type af
structure authorized for sales transactions.
`
Subd. 10 Sale. A"sale" shall mean any transfer of goods for money, trade, barter, or
other consideration. .
Subd. 11 Compliance Checks. " Compliance Checks" shall mean the system the city
uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and
tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks inay involve the use of minors as authorized by this
ordinance.
Section 300 License. N perso shall sell or offer to sell any tobacco, tobacco products, or
tobacco related device vv� out first having obtained a license to do so from the city.
.---
Subd.l A�plication. An application for a license to sell tobacco, tobacco products, or
tobacco related devices shall be made on a form ' d by the city. The application
shall contain the full name of th applic th applicant's esidential and business
addresses and telephone numbers, the name of e usiness for which the license is
sought, and any additional information the city deems necessary. Upon receipt of a
completed application, the city clerk shall forwazd the application to the council for
action at its next regulazly scheduled council meeting. If the clerk shall determine that an
application is incomplete, he or she shall return the application to the applicant with
notice of the information necessary to make the application complete. te: The city
clerk is used here as the most common person in the city to perform this task. City
should insert the title of the person assigned in that particular city.)
Subd. 2 Action. The council may either approve or deny the license, or it may delay
action for such reasonable period of time as necessary to complete any investigation of
the application or the applicant it deems necessary. ote: The city may want to provide
for ackground chec before the application is forwarded to the council. In such a case,
the cler c o orward the application to the investigating body within a reasonable
period of time, and the background check should be completed within ten days. The
application and investigation results would then be forwarded to the council for action.)
If the council shall approve the license, the clerk shall issue the license to the applicant
If the council denies the license, notice of the denial shall be given to the applicant along
with notice of the applicant's right to appeal the council's decision.
Subd. 3 Term. All licenses issued under this ordinance shall be valid for one calendar
ye�-tii�e-date of issue. ote: The city may provide that all licenses expue on a
specific date.)
Subd. 4 Revocation or Suspension. Any license issued under this ordinance may be
revoked or suspended as provided in the Violations and Penalties section of this
ordinance.
�
Subd. 5 Transfers. All licenses issued under this ordinance a be valid only on the
premises for which the license was issued and only for the erso o whom the license
was issued. No transfer of any license to another (ocation or person shall be valid without
the prior approval of the council.
Subd. 6 Moveable Place of Business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this
ordinance.
Subd. 7 Display= All licenses shall be posted and displayed in plain view of the general
public on the licensed premise.
Subd. 8 Renewals. The renewal of a license issued under this section sha11 be handled in
the same manner as the original application. The request for a renewal shall be made at
least thirty days but no more than sixty da.ys before the expiration of the current license.
te: City may use different timeline.)The issuance of a license issued under this
ordinance shall be considered a privilege and not an absolute right of the applicant and
shall not entitle the holder to an automatic renewal of the license.
Section 400. Fees. No license shall be issued. under this ordinance until the appropriate license
fee shall be paid in full. The fee for a license under this ordinance shall be $ . te:
The old State law capping tobacco license fees at $12 has been repealed. A city may either set a
flat fee in an amount high enough to cover the cost of issuing and enforcing the ordinance,
including compliance checks, or it may provide for a declining fee schedule where licensees
would be classified and charged a fee depending on the type of sales to be conducted. For
example, lower fees could be charged for licensees agreeing not to have vending machines or self
service sales, etc. Some cities offer discounts for licensees who attend, and who require their
employees to attend, training workshops approved by the city designed to train people on how to
conduct legal sales, check identifications, etc. This declining fee schedule is gaining support and
provides incentives for the licensee to take some responsibility. It has not, however, been tested
in Minnesota Courts. The system should be justified, however, because each rate would apply to
a different type of license (i.e. controlled sales, uncontrolled sales, vending machine sales, etc.))
Section 500. Basis for Denial of License. The following shall be grounds for denying the
issuance or renewal of a license under this ordinance; however, except as may otherwise be
provided by law, the existence of any particulaz ground for denial does not mean that the city
must deny the license. If a license is mistakenly issued or renewed to a person, it shall be
revoked upon the discovery that the person was ineligible for the license under this Section:
( ote: The following is not an exclusive nor exhaustive list, but it does represent the most
common and defendable grounds for denial of the license. A city cannot act arbitrarily or
capriciously when deciding whether or not to deny a license. Further, an applicant is entitled to
a certain amount uf due process before being denied a license.)
A. Th "applican is under the age of 18 years.
�
B. Th applicant been convicted ' s of any violation of a
Federa , , or local law, ordinance provision, or other regulation relating to tobacco or
tobacco products, or tobacco related devices.
C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related
devices revoked within the preceding twelve months of the date of application.
D. The applicant fails to provide any information required on the application, or provides
false or misleading information.
E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other
regulation, from holding such a license.
Section 600. Prohibited Sales. It shall be a violation of this ordinance for pers n t sell or
offer to sell any tobacco, tobacco product, or tobacco related device:
A. To any person under the age of eighteen (18) years.
B. By means of any type of vending machine, except as may otherwise be provided in
this ordinance. te: see vending machine section.)
C. By means of self-service methods whereby the customer does not need to a make a
verbal or written request to an employee of the licensed premise in order to receive the
tobacco, tobacco praduct, or tobacco�related device. te: See discussion under "Self
Service" Section 800.)
D. By means of loosies as defined in Section 200 of this ordinance.
E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance
except nicotine and not naturally found in tobacco or tobacco products.
F. By any other means, or to any other person, prohibited by Federal, State, or other local
law, ordinance provision, or other regulation.
Section 700 Vending Machines. ote: City will need to make choices in this section and may
combine parts of different options, or the city may elect not to impose any local restrictions on
vending machines.)
Option #1: It shall be unlawful for any person licensed under this ordinance to allow
the sale of tobacco, tobacco groducts, or tobacco related devices by the means of a vending
machine.
tion #2: It shall be unlawful for any person licensed under this ordinance to allow the sale of
tobacco, tobacco products, or tobacco related devices by means of a vending machine unless the
machine is continua(ly and constantly in plain view of the licensee or of his or her employee, is
operated only upon activation by the licensee or his or her employee, and complies in all other
respects with the State laws regazding the location and operation of such vending machines.
tio #3: Subd. l Prohibition. It shall be unlawful for any person licensed under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means
of a vending machine.
Subd. 2 Exceptions. The prohibition in Subd. 1 shall not apply to the following
locations: ote: The following are common examples of exceptions and are not
intended to be an exhaustive or exclusive list.)
A. Exclusive liquor establishments (Intoxicating or non- intoxicating, on-
sale or off-sale).
B. Bowling Centers, in the portion of the building where alcoholic
beverages aze sold and consumed and not generally frequented by minors.
C. Other businesses where minors are excluded as a matter of age.
Section 800. Self-Service Sales. It shall be unlawful for a icensee der this ordinance to
allow the sale of tobacco, tobacco products, or tobacco relate ces by any means where by
the customer may have access to such items without having to request the item from the licensee
or the Iicensee's employee. All tobacco, tobacco products, and tobacco related devices shall
either be stored behind a counter or other azea not freely accessible to cust or in a case or
other storage unit not left open and accessible to the general public. Any etailer selling tobacco,
tobacco products, or tobacco. related devices at the time this ordinance is adop ed shall comply
with this Section within _ days (Note: Fill in the blank. City needs to determine a reasonable
time to allow for rearrangement of store, reconstruction, and/or the purchase of storage units.)
following the effective date of this ordinance. (Note: While this ordinance is intended to help
prevent youth access, a city does not want to impose undue hardship on its businesses.
Therefore, each city must determine what it believes to be reasonable for a store to do if the city
elects to prohibit self-service sales. Alternatives to or additional requirements might include the
use of price lock-out scanners, theft deterrent tagging on packages and cartons, installation of a
signaling device that sounds warning a clerk whenever anybody enters the azea where tobacco,
tobacco products, and tobacco related devices aze being sold or when a package or carton is
removed from the storage unit, and requiring that all tobacco, tobacco products and tobacco
related devices be stored within the normal line of si�ht of the clerk. In addition, a waiver of the
strictest requirements might be provided for where the licensee can show undue hardship and a
satisfactory alt�rnative for preventin� youth access.)
Section 900. Responsibility. A1 icensees nder this ordinance shall be responsible for the
actions of their employees in regar to t e sale of tobacco, tobacco products, or tobacco related �
devices on the licensed premises, and the sa�e of-such an item by an emnl�ovee sh�all be
considered a sale by the licen� holder. Nothing in this section shall be construed as prohibiting
the City from also subjecting the clerk to whatever penalties are appropriate under this
Ordinance, State law, or other applicable law or regulation.. ( ote: The clerk would be liable
under State law, and some cities find better compliance when the clerk is also subjected to
penalties under the ordinance. Each city will need to determine how it wishes to handle the issue
of individual clerk responsibility. In the case of minor clerks, the city may not have the same
options available for adult violators. ) ,- �
//' y , • r a" ,
1,�.. :
Section 1000. Compliance Chec and Inspections. All licensed premises shall be open to
inspection by the city police or er authorized city official during regular business hours. From
time to time, but at 1 onc er year, (Note: City may specify a different schedule, or none at
all in te muiiri� number of checks to be performed.) the ci shall conduct '
mpliance che�y engaging minors to enter the licensed premise to attempt to purchase
Yalsacco, tobac oc products, or tobacco related devices. Minors used for the purpose of
compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or
tobacco related devices wrhen such items are obtained as a part of the compliance check. No
minor used in compliance checks shall attempt to use a false identification misrepresenting the
minor's age, and all minors lawfully�engaged in a compliance check sha11 answer all questions
about the minors age asked by the licensee or his or her employee and shall produce any
identification for which he or she is asked. �
Section 1100. Other Illegal Acts. Unless otherwise provided, the following acts shall be a
violation of this ordinance.
Subd. l Ille al Posses ion. all be a violation of this ordinance for any minor to have
in his or ses 'on any tobacco, toba co product, or tobacco related device. This
subdivisi p y o mmors lawfully involved in a compliance check on behalf
of the city, or who have only temporary possession during a legal sales transaction.
Subd. 2 Ille . al Use. It shall be a violation of this ordinance for any m or to smoke,
chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco r ed devi �
S •ocurement. It shall be a violation of this ordinance for any minor to
purchase or attempt to hase or otherwise obtain any tobacco, tobacco product, or
to a e evice, and it shall be a violation of this ordinance for any person to
purchase or otherwise obtain such items on behalf of a minor. It shall also be violation of
this ordinance for any person to sell or otherwise provide any tobacco, tobacco product,
or tobacco related device to a�ly minor, and it shall further be a violation for any person to
coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any
tobacco, tobacco product, or tobacco related device. This subdivision shall not apply to
minors la�vfully involved in a compliance chec:k on b�halt of the city.
Subd. 4 Use of False Identification. It shall be a violation of this ordinance for any
minor to attempt to disguise his or her true age by the use of a false form of identification,
whether the identification is that of another person or one on which the age of the person
has been modified or tampered with to represent an age older than the actual age of the
person.
Section 1200 Violations and Penalties.. Upon discovery of a suspected violation, the iolat
shall be issued a citation by the citv n ice and �iven notice of his or her right to be hear on the
accusation. Each violation, and eve ' which a violation occurs or continues, shall
constitute a separate offense. Any person ound to be in violation of this ordinance shall be
guilty of a�isdemeanor and shail ject to the maximum penalty authorized bv State law for
T
a misdemeanor. ote: The city may wish to consider adopting a graduated penalty scale it
ld like to see the court impose.) As an-alxexnative to a misdemeanor prosecution, the ci
�y , er the accused violator a chance to pay an admi�istrative f�ne as provided in the fine�
sc edu�e-adopted and amended from tune to time by the council. ote: If the city elects to
follow an administrative penalty option, it needs to establish a fine schedule providing for
increasing fees for each subsequent offense, and for multiple offenses within a set period of time.
For example, $100 for the first offense, $200 for the second offense, $300 for the third offense,
etc. and an additional $50 if a subsequent offense occurs within 12 months (or other set period
of time as city determines) of the previous offense, or an additional $100 if it occurs within 6
months of the previous violation (or other set period of ti.me). Some cities have raised questions
about a city's authority to unpose administrative penalties, but as of the time this ord.inance was
prepazed, they appeaz to be justified and defendable, and those cities using them aze reporting
great success and satisfaction. No court has specifically ruled on the issue of administrative fines
in regazd to city ordinances, but the risk of challenge appears minimal.] If the accused violator
accepts the administrative option, he or she may pay the fine to the city clerk-treasurer (Note:
List the appropriate office in your city) or he or she may wi ' a s ote: City should
provide at least a ten day period) of the notice, request an ''strative hearin before the
council or authorized hearing officer designated by the council. If after the hearing the perso '
found to be in violation of this ordinance, he or she shall be ordered to pay the fine. If a violator
elects to pay the fine, or if he or she is acquitted of the violation by the hearing officer, he or she .
shall not be subject to misdemeanor prosecution for violation of the ordinance. If the violator
fails to pay the fine within ninety days following the hearing, or ninety days following the last
day to request a hearing when a hearing has not been requested, the cifiy may vacate the civ'
action and proceed with the misdemeanor prosecution. At any time the accused violator may —
abandon his or her request to pursue the administrative penalty and elect to have his or her case
heard in court under the misdemeanor prosecution. The city shall also have the right to refuse to ��
offer the administrative penalty and instead proceed directly with the misdemeanor prosecution
for a particular offense. (Note: A city should document the reasons why the administrative
option is or is not offered in order to defend against challenges of discriminatory, arbitrary, and
capricious enforcement.) In addition to any fine or other penalty, whether administrative, civil,
or criminal, violation of this ordinance by a licensee under this ordinance shall be grounds for the
suspension or revocation of the license. ( ote: City is encouraged to establish a scale of
increasing suspension for each early violation, and revocation after multiple violations such as .
three or four, or some amount within in a set period of time.) Iiefore any license is suspended or
revoked under this Section, the licensee shall be given notice of the accused violation and shall
be �iven the right to request a hearing on the matter and to appeal the findings of the hearing on
suspension or revocation. In the case of an administrative penalty, the hearing for the penalty
may be the same as for the suspension or revocation. ( te: A city interested in pursuing the
administrative penalty option is encouraged to contact the League for further information and
sample policies.) "
Section 1300. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing
of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully
recognized religious, spiritual, or cultural ceremony. It shall be an affirmative defense to the
violation of this ordinance for a person to have reasonably relied on proof of age as described by
State law. �
Section 1400 Severability and Savings Clause. If any section or portion of this ordinance shall
be found unconstitutional or otherwise invalid or unenforceable by a court of competent
jurisdiction, that finding shall not serve as an invalidaxion or effect the validity and enforceability
of any other section or provision of this ordinanice.
Section 1500 Effective Date. This ordinance shall take effect the day following publication in
the city's official newspaper. ote: City can specify any ti.me following publication.)
���
��jC Cc S f� r,✓ l G�Z
Other Ordinance Provisions and Approaches
The following provisions aze additional approaches to curb youth access to tobacco, tobacco
products, and tobacco related devices. These provisions, however, tend to be less effective,
riskier, or simply not within the scope of regulation many cities wish to impose.
Point-of-Sale Advertising. Point-of-sale advertising restrictions seek to eliminate the use of
advertising methods such as clocks, colorful banners, grocery check-out lane dividers, etc. These
forms of advertisements frequently use characters or symbols found to be highly recognizable
and attractive to minors. The City of Preston, Minnesota was the first city to adopt an ordinance
which sought to limit or prohibit most forins of advertising at the point of sale except for limited
black and white, teactlnumeric only "tombstone" signs. This ordinance was struck down by the
courts, with an emphasis being placed on the fact that the ordinanc n en neutral.
While a less restrictive ordinance might be upheld, any ordinance of this type is hi y subject to
challenge.
Billboards. Related to point of-sale advertising bans, some cities have sought to prohibit the use
of billboards for advertising tobacco, tobacco products, and tobacco related devices. The City of
Baltimore, Maryland had a comprehensive ban on tobacco related billboazds which the Federal
Fourth Circuit Court of Appeals upheld. The case was appealed to the U.S. Supreme court which
remanded the case to be reconsidered in light of a recent liquor advertising case. It is expected
that under the new standazd the court ordered applied, the ordinance will be struck down.. While
no Minnesota. city has yet adopted such a ban, several cities have adopted zoning regulations
restricting all billboards in the city limits. This comprehensive zoning approach has generally
been upheld by the courts.
Free Distribution Prohibition. Most forms of free distribution of tobacco and tobacco products
are prohibited by State law, and few cities have had a problem with this issue and thus have not
regulated it. One problem that still arises is the use of promotional activities where a person can
trade in coupons, proofs-of-purchase, etc. for free samples. Tracking this form of violation,
however, is difficult and it is not totally cleaz which laws would apply to this situation.
Use of Gifts. In addition to the free distribution of tobacco and tobacco products, some cities
would like to regulate other free promotional activities. The idea of restricting free gifts is to
eliminate the enticement of young people through flashy give away items such as leather jackets
with brand names, etc. Even small items like lighters and frisbees can be viewed as enticements
to use a particular brand and at least indirectly encouraging minors to attempt to illegally obtain
tob roducts. Again, however, regulating such promotional schemes raise
nstitutional challenge that would need to be overcome and thus such restrictions are highly
subje ' "gation.
Require Training Workshops. A few cities have imposed requirements that all ticensees and
their employees attend workshops on the problem of youth smoking, when to require
identification, ho�v to recognize false identifications, and �eneral procedures for conducting sales
�. : ^ f
and dealing with problems that may arise. These training opportunities are limited but increasing
in popularity. Before a city decides to impose this requirement, it needs to find a program it is
satisfied with that will meet the training requirements and achieve the results the city wants to
see.
Restrict the Age of Clerks. At least two Minnesota cities prohibit anyone under the age of
eighteen from selling tobacco, tobacco products, and tobacco related devices. Under this type of
ordinance provision, a 16 or 17 year old clerk would need to request that a clerk who has reached
the age of at least 18 yeazs assist a customer seeking to a restricted item. While there is no
express statutory authority for this type of restriction, it is more likely to present logistical and
not legal problems. Cities that have adopted this type of restriction base it on the similar
language used by statute for alcoholic beverages. Before adopting this type of restriction, a city
should consider the potential impact on the job market for minors, as well as employee
availability for merchants.
Restrict Location of Sales. This approach is very common for liquor sales, adult uses, and other
types of activities considered harmful to minors, and it should be equally defendable for tobacco
licensing. Through a combination of the licensing and zoning ordinances of the city, the city can
make it illegal to sell tobacco, tobacco products, and tobacco related devices witl�rin certain
districts and within certain setback distances from other uses. For example, the city could
prohibit sales within 500 feet of schools, churches, residential areas, and other common areas
frequented by minors.
Signage. Licensees would be required to post signs indicating that it is illegal to sell tobacco,
tobacco products, and tobacco related devices to anyone under the age of 18 years, and that the
possession and use of such items by minors is also illegal under both State law and the local
ordinance. Such signs give notice to the minors and serve as reminders to clerks to check
identifications when there is any doubt about a person being of legal age. Before adopting this
requirement, a city should determine the type of signs it would want, and perhaps consider
providing them as a part of issuing the license (the cost could be incorporated into the license fee
or billed sepazately).
Sponsorship of events at public locations. Some cities have adopted policies prohibiting
tobacco companies from advertising at public parks, etc. and any private group using the
public facility must agree not to allow tobacco based sponsors to advertise by means of car
painting, placards, billboards, clothing ,etc. There are some potential constitutional challenges
to this type of restriction based on equal protection and free speech, but if done conectly, this
regulation has worked and should be defensible.
�" .
I,���`'�`,' `.� ,, r.�,�.,rtr� �A �7�c� � �,..( C� /�"t�
�1ov� �- �a.�-J Gv� lwGtr-�-a
� 1 1 � • :1 C
November 1, 1996
To: Mayor and City Council -
�
Fmm: Kevin Batchelder, City A r
Sabject: Consideration of Tobacco Restarictian Ordinance
BACKGRQUNU
On Uctober l, ].996, the City Council entertained a request by Mr. Steven Markes, a
resident at '745 Hilltop Road, to cansider an ordinance that wauld restrict youth access to
tobacco in Mendota. Heights. City Council indicated same support for this effort, however, uz
an effort ta pro�ide a uniform policy restric�ing tabacca access for youth throughout Dakata
County they requested that Mr. Markes conta.ct Dakota Gaunty health officials to work on a
uniform palicy. �
Mr, Markes was referred to the Dakata Alliance for Prevention (DAP) an.d has be�n
working with lYls. Gina Adasiewicz, Prevention Specizaist at-DAP. The DAP is supporting tha
L�eague of Minnesota' Cities model policy as the un%form policy for the municipalities in
Dakota County to consider.
DISCUSSIUN . . .
Mr, l��arkes and Ms. Adasiewicz will be present �e:�day evening to discuss the L�eague
of Minnesata Cities model �tobacco restriction ordinance: �The model ordinance that you have
before you this evening �is an updated version of the ordinanc� that you ci�nsidered in October.
Many of the pmvisions that were restrictive to retailers, and thus liable for court challenges,
have been removed from the model ordinance.
City s#aff has reviewed this new mcsdel ordinance with Mr. Markes and he supgorts it
as it is focased on limiting youth access to tobacca. Mr. Markes has indicated that he would
favor twice yearly campliance checks, as opposed to orice a.Xear compliance ebecks. (Se�
Sectian lOpO of attached model ordinance.) � . � ' ' . . . �
. Police Chief Delmont has also reviewed tha madel ordinance and his comments are
attached in a memo dated October 29, 1996. Chief Delmont is concerned about the
administrative burden'of backgmund checks and the costs and �raining associated with �
eompliance checks. (Pl.ease see attacheci memo.)
�
While this issue has been covered in local papers following the October 1, 1996 City
Council meeting, there has not been any formal City notice � retailers that may� be affected by
this Ordinance. Unlike�a change to the Zoning Ordinance; the City Council may adopt an
Ordinance without the requirement of a public hearing and that the ordinance is enacted upon
official publication of the ordinance. If City Council desires to proceed with a tobacco
restriction ordinance, they should provide staff with direction on formal adoption of this
ordinance.
ACTION REQUIRED
Meet with Mr. Markes and Ms. Adasiewicz and consider the League of Minnesota
Cities model Tobacco Ordinance. If the Council desires to enact the Ordinance, they should
direct staff on how to proceed.
Note: The League of Minnesota Cities Model Tobacco Ordinance includes a
Disclaimer (cover sheet) and a two page follow-up that discusses some of the
riskier� ordinance provisions that were removed from the originai model policy
. because of court challenges or liability. ,
d
�
{�Ct 3{), 1996
Dear Mayor Merten�otto & Ciiy Council Members:
Thank you for the �uppart that I received an Oct 1 st when I addressed the
��uncil concerning a Youth Access t� Tabaec� �3rdinance. F�llc�win� the
Mayor's suggestian: and with the help af Mr Kevin Batchelder, i have been
in cc�ntact with a Ms Gina Adasiewicz who warks �n the yc�uth access
issues at a county lev�] through the Dakota Alliance for Pr�vention
A.S.S.1.S.T. pragram. I have arranged to have Ms Adasiewicz be present at
the N�v 5ih cc�uncil meeting. 1 call you� attentian to an updated versi�n Qf
the model ordinance drawn up by Kent �ulem at the League of Minnesota
Cities. I believe that this updated madel addre�ses more eoncerns of the
retailers and offers them more atternatives, eliminates specific issue$
that that are mare likeiy ta resuit in a court chalienge and overall is mare
�ositive while keeping f�Gus�ed on the primary goal.
Given a11 th� fa�ts, it tr�ubles me �hat aur s�ciety has been so tollerar�t uf
tobacco use among aur minors. Because sa many health care organi�ations
are supporters of Sm�ke Free Coaiition 1 approached them as a source for
help and information, but, I w�u1d tike it to be clear that my initiative is
as a health care pravider and as a resident of Mendota Heights. it is my
hQ�?� th�� y4tt W111 i�V1L'W �i11S OC`di�l8liC� �ftd C4t1Sid8i h41N 1� C�EI ��St b�
used in our city.
Respectfully,
��� ���
Steven Markes
745 Hi 11 top Ro�d
Mendota Heights Police Department
MEMORANDUM
October 29, 1996
TO: Kevin Batchelder �
City Administrator
FROM: Dennis Delmont
Chief of Police
Subject: Tobacco Restricdons •
You had requested comments on the League of Minnesota Cities' model ordinance for
tobacco restrictions and an attempt by a citizen to have our city council adopt such
ordinance. My comments are as follows:
1. Section 300, subd. l, line 3: The word "applicant" is used throughout the ordinance and
would suggest that this may create some difficulry. Who is the applicant for a Super
America Station? Is it the manager, the corporadon, the district manager, or a shift
leader? You can see how we would have a problem enforcing sanctions against an
applicant if, in fact, the offending clerk was working without the supervision of that
specific applicant. As an example, the manager of a Super America Station may work
8:00 to 4:30, and never even see a clerk who works the late night hours. The ordinance
would make that manager responsible for the actions of that clerk, when in fact that clerk
is supervised by another.
2. Section 300, subd. 2, line 4: Background check. I'm a little confused as to whether or
not the items indicated as cause for denial of a tobacco license would actually show up
in a typical background check. Several of these are administrative actions, or actions
by other ciry councils, that would not be considered criminal in nature, and we would
have a difficult time accessing that informadon.
3. Section 1,000: Compliance checks and inspections, line 4: This section obviously
mandates that the authorized ciry official would conduct compliance checks or "stings"
at least once per year. I note that in the copy of the ordinance I received, once has
been changed to reflect twice per year. If, in fact, it's the police deparkment rather
than the city clerk or any other department that performs these compliance checks,
I would suggest that sufficient monies be made available for the training and actual
time spent on those checks.
4. Subd. 1200, Violations and penalties, line 1: The violator shall be issued a citation.
It is not clear to me whether the violator is to be considered the clerk or the licensee.
In many instances, the violator is going to be a low paid and possibly underage
clerk who may not have the wherewithal to pay an administrative fine. I would
request that the ordinance, if passed, clear up this language by indicating that the
seller and license holder be issued a violation.
5. Section 1240, Vialation and penalties, line 24: This provides the opportunity for a
violatar to essentially have their record remain clear if they pay an ad�ciinistrative
fine. I would request that th:e city research the possibiliry of maintaining records of
this type of offense, sa that an escalating fine schedule could be followed. There may
l�e data privacy questians invaived in main�aining these records if, in fact, the records
are created as a result af administrative action, rather than criminal convicdon.
Discussion
This is a commendable effort by Mr. Marks, and is also a trendy e£fort in the metropalitan
azea. My primazy concerns rest in the fact that we aze by ordinance ereating a new class of
criminal, that would be the licensee or manager af a stare that is invoived in the sale of
tobacco to a minor. A 16 year ald clerk who sells a pack of cigarettes to a schaolmate in
essence could be creatirtg a criminal record for the absent manager of that stare,
If indeed cigarette smoking has become such a burden on cities and society ir� general,
passibly the city council cauld laok at an ordinance that would prohibit the purchase, sale
or use of tobacco pxod�cts by any persan in Mendota Heights, rather than targeting
juveniles and the business communiry for a societal problem that is prevalent throughout
the country, and often encouraged by parents of the minors ar children involved.
Nearly all of the elements involved in the model ordinance can be accomplished by the
enforcement af existing laws. The palice department under the direction of the city council,
must only determine what the priorities should be for the public's safety, given the amount
of resources avaiiable.
LMC Modcl Tobacco Ordinance
6/96 revised edition
Disclaimer:
The following model ordinance is an attempt to provide cities with a comprehensive and
enforceable means of controlling and reducing the illegal sale, possession, and use of tobacco,
tobacco products, and tobacco related devices to and by minors. It is a compilation of provisions
from city ordinances from both Minnesota and other states.
The provisions of this ordinance have either�been upheld by the courts, or should be readably
defendable. At the end of the ordinance is a list of additional regulations a city may wish to
consider, but these provisions aze either untested or aze currently heing challenged in the courts.
Cities aze advised to use caution before adopting "cutting edge" provisions unless they �are
prepared for defending the ordinance against a legal challenge. As the courts rule on cases
involving "cutting edge" regulations, the League will report on the outcome of the cases and
cities can subsequently amend their ordinances as needed. .
Please note that this is only a model ordinance. While intended to be comprehensive, this
ordinance may not contain the full extent of regulations a city may ultimately impose in
controlling the problem of illegal tobacco sales and use. For other cities, it may contain more
restrictive measures than they wish to impose. In addition, there aze options listed throughout the
ordinance that each city will need to decide how to handle. Each city should make any necessary
changes to meet the needs of that particulaz city. Further, cities aze encouraged to work with
their business community in the development of their tobacco ordinances. Cooperative efforts
usually result in better ordinances for the needs of individual communities and the enforcement
of those ordinances.
For additional assistance or information on this type of ordinance, please contact the League's
Codification Attorney. Minnesota ASSIST is available to respond to requests for technical
assistance and information in the azea of preventing youth access to tobacco, tobacco products,.
and tobacco related devices. The Minnesota. Retailers' and Grocers' Associations aze available
to provide assistance in dealing with the concems of retailers. It is likely that other groups, both
public and private, are also available to provide information and assistance from their
perspectives. In addition, the League strongly encourages all cities to discuss this matter with
their city attorneys before adopting this or a similaz tobacco ordinance.
�
LMC Modet Tobacco Ordinance
8/96 revised edition
Ordinance #
An ordinance relating to the sale, possession, and use of tobacco, tobacco products, and tobacco
related devices in the city and to reduce the illegal sale, possession, and use of such items to and
by minors.
The City Council of the City of Ordains: (�Tote: This language is the accepted
language for statutory cities. An individual city's charter may require different language for that
particular home rule charter city.)
Section 100. Purpose. Because the city recognizes that many persons under the age of 18 years
purchase or otherwise obtain, possess, and use tobacco, tobacco products, and tobacco related
devices, aad such sales, possession, and use are violations of Sta.te laws; and because studies,
which the city hereby accepts and adopts, fNote: City should list the specific studies and reports
that it uses.) have shown that most smokers begin smoking before they have reached the age of
18 years and that those persons who reach the age of 18 years without having started smoking are
significantly less likely to begin smoking; and because smoking has been shown to be the cause
of several serious health problems which subsequenfly place a financial burden on all levels of
government; this ordinance shall be intended to regulate the sale, possession, and use of tobacco,
tobacco products, and tobacco related devices for the purpose of enforcing and furthering �
existing laws, to protect minors against the serious effects associated with the illegal use of
tobacco, tobacco products, and tobacco related devices, and to further the official public policy of
the State of Minnesota in regard to preventing young people from starting to smoke as stated in
Minn. Stat. §144.391.
Section 200. Defmitions and Interpretations. Except as may otherwise be provided or clearly
implied by context, all terms shall be given their commonly accepted defin.itions. The singulaz
shall include the plural and the plural shall include the singular. The masculine shall include the
feminine and neuter, and vice-versa. The term "shall" means mandatory and the term "may"
means permissive. The following terms shall have the definitions given to them:
Subd. 1 Tobacco or Tobacco P�roducts. "Tobacco" or "Tobacco products" shall mean
any substance or item containing tobacco leaf, including but not limited to, cigazettes;
cigars; pipe tobacco; snuff; fine cut or other chewing tobacco; cheroots; stogies; perique;
granulated, plug cut, crimp cut, ready-rubbed, and other smoking tobacco; snuff flowers;
cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings,
cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in
such manner as to be suitable for chewing, sniffing, or smoking. (Note: This definition
expands on the statutory definition to be more inclusive.)
Subd. 2 Tobacco Related Devices. "Tobacco related devices" shall mean any tobacco
product as well as a pipe, rolling pagers, or other device used in a manner which enables
the chewing, sniffing, or smoking of tobacco or tobacco products.
Subd. 3 Self-Service Merchandising. "Self-Service Merchandising" shall mean open
displays of tobacco, tobacco products, or tobacco related devices in any way where any
person shall have access to the product without the assistance or intervention of an
employee of the premise maintaining the self-service merchandising. Self-service
merchandising shall not include vending machines.
Subd. 4 Vending Machine. "Vending Machine" shall mean any mechanical, electric or
electronic, or other type of device which dispenses tobacco, tobacco products, or tobacco
related devices upon the insertion of money, tokens, or other form of payment directly
into the machine by the person seeking to purchase the tobacco, tobacco product, or
tobacco related device. (Note: At least one jurisdiction has ruled that a device by which
an employee must insert the money in order to operate the machine is not a vending
machine for the purpose of this type of ordinance).
Subd. 5. Individuallv ap ckaged. "Individually packa.ged" shall mean the practice of
selling any tobacco or tobacco product wrapped individually for sale. Individually
wrapped tobacco and tobacco products shall include, but not be limited to, single
cigazette packs, single bags or cans of loose tobacco in any form, and single cans or other
packaging of snuff or chewing tobacco. Cartons or other packaging containing more than
a single pack or other container as described in this subdivision shall not be considered
individually packaged.
Subd. 6 Loosies. "Loosies" shall mean the common term used to refer to a single or
individually packaged cigazette.
Subd. 7 Minor. "Minor" shall mean any natural person who has not yet reached the age
of eighteen (18) yeazs.
Subd. 8 Retail Establishment. "Retail Establishment" shall mean any place of business
where tobacco, tobacco products, or tobacco related devices aze available for sale to the
general public. Retail establishments shall include, but not be limited to, grocery stores,
convenience stores, and restaurants.
Subd. 9 Moveable Place of Business. "Moveable Place of Business" shall refer to any
form of business operated out of a truck, van, automobile, or other type of vehicle or
transportable shelter and not a fixed address store front or other permanent type of
structure authorized for sales transactions.
Subd. 10 Sale. A"sale" shall mean any transfer of goods for money, trade, barter, or
other consideration.
Subd. 11 Compliance Checks. " Compliance Checks" shall mean the system the city
uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and
tobacco related devices are following and complying with the requirements of this
ordinance. Compliance checks may involve the use of minors as authorized by this
ordinance.
Section 300 License. No person shall sell or offer to sell any tobacco, tobacco products, or
tobacco related device without first having obtained a license to do so from the city.
�ubd.l .Agplication. An application for a license to sell tobacco, tobacco products, or
tobacco related devices shall be made on a form provided by the city. The application
shall contain the full name of the applicant, the applicant's residential and business
addresses and telephone numbers, the name of the business for which the license is
sought, and any additional information the city deems necessary. Upon receipt of a
completed applicarion, the city clerk shall forward the application to the council for
action at its next regulazly scheduled council meeting. If the clerk shall determine that an
application is incomplete, he or she shall return the application to the applicant with
notice of the information necessary to make the application complete. ote: The city
clerk is used here as the most common person in the city to perform this task. City
should insert the title of the person assigned in that particular city.)
Subd. 2 Action. The council may either approve or deny the license, or it may delay
action for such reasonable period of time as necessary to complete any investigation of
the application or the applicant it deems necessary. (�Tote: The city may want to provide
for a background check before the application is forwarded to the council. In such a case,
the clerk should forward the application to the investigating body within a reasonable
period of time, and the backgi�ound check should he completed within ten days. The
application and investigation results would then be forwarded to the council for action.)
If the council shall approve the license, the clerk shall issue the license to the applicant.
If the council denies the license, notice of the denial shall be given to the applicant along
with notice of the applicant's right to appeal the council's decision.
Subd. 3 Term. All licenses issued under this ordinance shall be valid for one calendar
year from the date of issue. ote: The city may provide that all licenses expire on a
specific date.)
Subd. 4 Revocation or Suspension. Any license issued under this ordinance may be
revoked or suspended as provided in the Violations and Penalties section of this
ordinance.
Subd. 5 Transfers. All licenses issued under this ordinance shall be valid only on the
premises for which the license was issued and only for the person to whom the license
was issued. No transfer of any license to another location or person shall be valid without
the prior approval of the council.
Subd. 6 Moveable Place of Business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this
ordinance. .
Subd. 7 Displav. All licenses shall be posted and displayed in plain view of the general
public on the licensed premise.
Subd. 8 Renewals. The renewal of a license issued under this section shall be handled in
the same manner as the original application. The request for a renewal shall be made at
least thiriy days but no more than sixty days hefore the expiration of the current license.
te: City may use different timeline.)The issuance of a license issued under this
ordinance shall be considered a privilege and not an absolute right of the applicant and
shall not entitie the holder to an automatic renewal of the license.
Section 400. Fees. No license shall be issued under this ordinance until the appropriate license
fee shall be paid in full. The fee for a license under this ordinance shall be $ . te:
The old State law capping tobacco license fees at $12 has been repealed. A city ma.y either set a
flat fee in an amount high enough to cover the cost of issuing and enforcing the ordinance,
including compliance checks, or it may provide for a declin.ing fee schedule where licensees
would be classified and charged a fee depending on the type of sales to be conducted. For
example, lower fees could be charged for licensees agreeing not to have vending machines or self
service sales, etc. Some cities offer discounts for licensees who attend, and who require their
employees to attend, training workshops approved by the city designed to train people on how to
conduct legal sales, check identifications, etc. This declining fee schedule is gaining support and
provides incentives for the licensee to take some responsibility. It has not, however, been tested
in Minnesota Courts. The system should be justified, however, because each rate would apply to
a different type of license (i.e. controlled sales, uncontrolled sales, vending machine sales, etc.))
Section 500. Basis for Denial of License. The following shall be grounds for denying the
issuance or renewal of a license under this ordinance; however, except as may otherwise be
provided by law, the existence of any particular ground for denial does not mean that the city
must deny the license. If a license is mistakenly issued or renewed to a person, it shall be
revoked upon the discovery that the person was ineligible for the license under this Section:
Note: The follo�ving is not an exclusive nor exhaustive list, but it does represent the most
common and defendable grounds for denial of the license. A city cannot act azbitrarily or
capriciously when deciding whether or not to deny a license. Further, an applicant is entitled to
a certain amount uf due process before being denied a license.)
A. The applicant is under the age of 18 years.
�
B. The applicant has been convicted within the past five years of any violation of a
Federal, State, or local law, ordinance provision, or other regulation relating to tobacco or
tobacco products, or tobacco related devices.
C. The applicant has had a license to sell tobacco, tobacco products, or tobacco related
devices revoked within the preceding twelve months of the date of application.
D. The applicant fails to provide any information required on the application, or provides
false or misleading information.
E. The applicant is prohibited by Federal, State, or other local law, ordinance, or other
regulation, &om holding such a license.
Section 600. Prohibited Sales. It shall be a violation of this ordinance for any person to sell or
offer to sell any tobacco, tobacco product, or tobacco related device:
A. To any person under the age of eighteen (18) years.
B. By means of any type of vending machine, except as may otherwise be provided in
this ordinance. te: see vending machine section.)
C. By means of self-service methods whereby the customer does not need to a make a
verbal or written request to an employee of the licensed premise in order to receive the
tobacco, tobacco product, or tobacco•related device. ote: See discussion under "Self
Service" Section 800.)
D. By means of loosies as defined in Section 200 of this ordinance.
E. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine,
marijuana, or other type of deleterious, hallucinogenic, or toxic or controlled substance
except nicotine and not naturally found in tobacco or tobacco products.
F. By any other means, or to any other person, prohibited by Federal, State, or other local
law, ordinance provision, or other regulation.
Section 700 Vending Machines. ote: City will need to make choices in this section and may
combine parts of different options, or the city may elect not to impose any local restrictions on
vending machines.)
tion #1: It shall be unlawful for any person licensed under this ordinance to allow
the sale of tobacco, tobacco products, or tobacco related devices by the means of a vending
machine.
tion #2: It shall be unlawful for any person licensed under this ordinance to allow the sale of
tobacco, tobacco products, or tobacco related devices by means of a vending machine unless the
machine is continually and constantly in plain view of the licensee or of his or her employee, is
operated only upon activation by the licensee or his or her employee, and complies in all other
respects with the State laws regazding the location and operation of such vending machines.
ti n#: Subd. 1 Prohibition. It shall be unlawful for any person licensed under this
ordinance to allow the sale of tobacco, tobacco products, or tobacco related devices by the means
of a vending machine.
Subd. 2 Exceptions. The prohibition in Subd. 1 shall not apply to the following
locations: ote: The following aze common examples of exceptions and are not
intended to be an exhaustive or exclusive list.)
A. Exclusive liquor establishments (Intoxicating or non- intoxicating, on-
sale or off-sale).
B. Bowling Centers, in the portion of the building where alcoholic
beverages aze sold and consumed and not generally frequented by minors.
C. Other businesses where minors aze excluded as a matter of age.
Section 800. Self-Service Sales. It shall be unlawful for a licensee under this ordinance to
allow the sale of tobacco, tobacco products, or tobacco related devices by any means where by
the customer may have access to such items without having to request the item from the licensee
or the licensee's employee. All tobacco, tobacco products, and tobacco related devices shall
either be stored behind a counter or other area not freely accessible to customers, or in a case or
other storage unit not left open and accessible to the general public. Any retailer selling tobacco,
tobacco products, or tobacco, related devices at the time this ordinance is adopted shall comply
with this Section within _ days (Note: Fill in the blank. City needs to determine a reasonable
time to allow for rearrangement of store, reconstruction, and/or the purchase of storage units.)
following the effective date of this ordinance. ote: While this ordinance is intended to help
prevent youth access, a city does not want to impose undue hazdship on its businesses.
Therefore, each city must determine what it believes to be reasonable for a store to do if the city
elects to prohibit self-service sales. Alternatives to or additional requirements might include the
use of price lock-out scanners, theft deterrent tagging on packages and cartons, installation of a
signaling device that sounds warning a clerk whenever anybody enters the azea where tobacco,
tobacco products, and tobacco related devices aze being sold or when a package or carton is
removed from the storage unit, and requiring that all tobacco, tobacco products and tobacco
related devices be stored within the normal line of sicht of the clerk. In addition, a waiver of the
strictest requirements might be provided for where the licensee can sho�v undue hardship and a
satisfactory alt�rnative for preventin� youth access.)
Section 900. Responsibility. All licensees under this ordinance shall be responsible for the
actions of their employees in regard to the sale of tobacco, tobacco products, or tobacco related
devices on the licensed premises, and the sale of such an item by an employee shall be
considered a sale by the license holder. Nothing in this section shall be construed as prohibiting
the City from also subjecting the clerk to whatever penalties are appropriate under this
Ordinance, State law, or other applicable law or regulation.. ( ote: The clerk would be liable
under State law, and some cities find better compliance when the clerk is also subjected to
penalties under the ordinance. Each city will need to determine how it wishes to handle the issue
of individual clerk responsibility. In the case of minor clerks, the city may not have the same
options available for adult violators. ) r ,- �
/ ��-, , «a..
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Section 1000. Compliance Checks and Inspections. All licensed premises shall be open to
inspection by the city police or other authorized city official during regular business hours. From
time to time, but at leas,�onc per year, ote: City may specify a different schedule, or none at
all in terms of the minim � number of checks to be performed.) the city shall conduct
compliance checks by engaging minors to enter the licensed premise to attempt to purchase
tobacco, tobacco products, or tobacco :elated devices. Minors used for the purpose of
compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, or
tobacco related devices when such items aze obtained as a part of the compliance check. No
minor used in compliance checks shall attempt to use a false identification misrepresenting the
minor's age, and all minors lawfully�engaged in a compliance check shall answer all questions
about the minors age asked by the licensee or his or her employee and shall produce any
identification for which he or she is asked. "
Section 1100. Other Illegal Acts. Unless otherwise provided, the following acts shall be a
violation of this ordinance.
Subd. l Ille�al Possession. It shall be a violation of this ordinance for any minor to have
in his or her possession any tobacco, tobacco product, or tobacco related device. This
subdivision shall not apply to minors lawfully involved in a compliance check on behalf
of the city, or who have only temporary possession during a legal sales transaction.
Subd. 2 Illegal Use. It shall be a violation of this ordinance for any minor to smoke,
chew, sniff, or otherwise use any tobacco, tobacco product, or tobacco related device.
Subd. 3 ille�al Procurement. It shall be a violation of this ordinance for any minor to
purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, or
tobacco related device, and it shall be a violation of this ordinance for any person to
purchase or otherwise obtain such items on behalf of a minor. It shall also be violation of
this ordinance for any person to sell or other�vise provide any tobacco, tobacco product,
or tobacco related device to a�ly minor, and it shall further be a vioiation for any person to
coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any
tobacco, tubacco product, or tobacco related dzvice. This subdivision shall not apply to
minors lz��fu(ly involved in a compliance ch�ck on behalf of the city.
Subd. 4 Use of False Identification. It shall be a violation of this ordinance for any
minor to attempt to disguise his or her true age by the use of a false form of identification,
whether the identification is that of another person or one on which the age of the person
has been modified or tampered with to represent an age older than the actual age of the
person.
Section 1200 Violations and Penalties.. Upon discovery of a suspected violation, the violator
shall be issued a citation by the city police and given notice of his or her right to be heard on the
accusation. Each violation, and every da.y in which a violation occurs or continues, shall
constitute a separate offense. Any ers ound to be in violation of this ordinance shall be
guilty of a misdemeanor and shall be su �ect to the maximum penalty authorized by State law for
a misdemeanor. ote: The city may wish to consider adopting a graduated penalty scale it
would like to see the court impose.) As an alternative to a misdemeanor prosecution, the city
may offer the accused violator a chance to pay an administrative fine as provided in the fine
schedule adopted and amended from time to time by the council. te: If the city elects to
follow an administrative penalty option, it needs to establish a fine schedule providing for
increasing fees for each subsequent oi�ense, and for multiple offenses within a set period of time.
For example, $100 for the first offense, $200 for the second offense, $300 for the third offense,
etc. and an additional $50 if a subsequent offense occurs within 12 months (or other set period
of time as city determines) of the previous offense, or an additional$100 if it occurs within 6
months of the previous violation (or other set period of time). Some cities have raised questions
about a city's authority to impose administrative penalties, but as of the time this ordinance was
prepared, they appeaz to be justified and defendable, and those cities using them are reporting
great success and satisfaction. No court has specifically ruled on the issue of administrative fines
in regard to city ordinances, but the risk of challenge appears minimal.J If the accused violator
accepts the administrative option, he or she may pay the fine to the city clerk-treasurer (Note:
List the appropriate office in your city) or he or she may within ten days (Note: City should
provide at least a ten day period) of the notice, request an a strat�ve earing before the
council or authorized hearin cer desi ated by the counc' . f after the heazing the person is
foun to be in violation of this ordinance, he or she shall be ordered to pay the fine. If a violator
elects to pay the fine, or if he or she is acquitted of the violation by the hearing officer, he or she
shall not be subject to misdemeanor prosecution for violation of the ordinance. If the violator
fails to pay the fine within ninety days following the hearing, or ninety days following the last
day to request a hearing when a hearing has not been requested, the city may vacate the civil
action and proceed with the misdemeanor prosecution. At any time the accused violator may
abandon his or her request to pursue the administrative penalty and elect to have his or her case
heazd in court under the misdemeanor prosecution. The ciry shall also have the right to refuse to
offer the administrative penalty and instead proceed directly with the misdemeanor prosecution
for a particular offense. (Note: A city should document the reasons why the administrative
option is or is not offered in order to defend against challenges of discriminatory, azbitrary, and
capricious enforcement.) In addition to any fine or other penalty, whether administrative, civil,
or criminal, violation of this ordinance by a licensee under this ordinance shall be grounds for the
suspension or revocation of the license. ( ote: City is encouraged to establish a scale of
increasin� suspension for each early violation, and revocation after multiple violations such as
three or four, or some amount within in a set period oPtime.) tiefore any license is suspended or
revoked under this Section, the licensee shall be given notice of the accused violation and shall
be given the right to request a hearing on the matter and to appeal the findings of the hearing on
suspension or revocation. In the case of an administrative genalty, the hearing for the penalty
may be the same as for the suspension or revocation. ote: A city interested in pursuing the
administrative penalty option is encouraged to contact the League for further information and
sample policies.)
Section 1300. Exceptions and Defenses. Nothing in this ordinance shall prevent the providing
of tobacco, tobacco products, or tobacco related devices to a minor as part of a lawfully
recognized religious, spiritual, or cultural ceremony. It shall he an affirmative defense to the
violation of this ordinance for a person to have reasonably relied on proof of age as described by
State law. •
Section 1400 Severability and Savings Clause. If any section or portion of this ordinance shall
be found unconstitutional or otherwise invalid or unenforceable by a court of competent
jurisdiction, that finding shall not serve as an invalidation or effect the validity and enforceability
of any other section or provision of this ordinance.
Section 1500 Effective Date. This ordinance shall take effect the day following publication in
the city's official newspaper. te: City can specify any time followi.ng publication.)
Other Ordinance Provisions and Approaches
The following provisions are additional approaches to curb youth access to tobacco, tobacco
products, and tobacco related devices. These provisions, however, tend to be less effective,
riskier, or simply not within the scope of regulation many cities wish to impose.
Point-of-Sale Advertising. Point-of-sale advertising restrictions seek to eliminate the use of
advertising methods such as clocks, colorful banners, grocery check-out lane dividers, etc. These
forms of advertisements frequently use characters or symbols found to be highly recognizable
and attractive to minors. The City of Preston, Minnesota was the first city to adopt an ordinance
which sought to limit or prohibit most forms of advertising at the point of sale except for limited
black and white, texdnumeric only "tombstone" signs. This ordinance was struck down by the
courts, with an emphasis being placed on the fact that the ordinance was not content neutral.
While a less restrictive ordinance might be upheld, any ordinance of this type is highly subject to
challenge.
Billboards. Related to point of-sale advertising bans, some cities have sought to prohibit the use
of billboards for advertising tobacco, tobacco products, and tobacco related devices. The City of
Baltimore, Maryland had a comprehensive ban on tobacco related billboards which the Federal
Fourth Circuit Court of Appeals upheld. The case was appealed =to the U.S. Supreme court which
remanded the case to be reconsidered in light of a recent liquor advertising case. It is expected
that under the new standazd the court ordered applied, the ordinance will be struck down.. While
no Minnesota city has yet adopted such a ban, several cities have adopted zoning regulations
restricting all billboards in the city limits. This comprehensive zoning approach has generally
been upheld by the courts.
Free Distribution Prohibition. Most forms of free distribution of tobacco and tobacco products
are prohibited by State law, and few cities have had a problem with this issue and thus have not
regulated it. One problem that still arises is the use of promotional activities where a person can
trade in coupons, proofs-of-purchase, etc. for free samples. Tracking this form of violation,
however, is difficult and it is not totally clear which laws would apply to this situation.
Use of Gifts. In addition to the free distribution of tobacco and tobacco products, some cities
would like to regulate other free promotional activities. The idea of restricting free gifts is to
eliminate the enticement of young people through flashy give away items such as leather jackets
with brand names, etc. Even small items like lighters and frisbees can be viewed as enticements
to use a particulaz brand and at least indirectly encouraging minors to attempt to illegally obtain
tobacco or tobacco products. Again, however, regulating such promotional schemes raise
constitutional challenges that would need to be overcome and thus such restrictions are highly
subject to costly litigation.
Require Training Workshops. A few cities have imposed requirements that all licensees and
their employees attend workshops on the problem of youth smoking, �vhzn to require
identification, ho�v to reco�nize false identifications, and general procedures for conducting sales
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and dealing with prabiems that may arise. These training opportunities are limited but increasing
in popularity. Before a city decides to impose this requirement, it needs to find a program it is
satisfied with that witi meet the training requirements and achieve the resuits the city wants ta
see.
Restrict the Age of Clerks. At least two Minnesota cities prohibit anyone under the age of
eighteen from seiting tabacca, tobacco praducts, and tobacco related devices, Under this type of
ordinance provisioz�, a 16 or 37 year old clerk would need to request that a clerk who has reached
the age of at least I8 yeazs assist a customer seeking to a restricted item. While there is no
express statutory authority for this type of restriction, it is more iikely ta gresent lagisticat and -- -
not legal prablems. Cities that have adopted this type of restriction base it on the similaz
language used by statute for alcoholic beverages. Before adapting this type oi restrictian, a city
should consider the potential impact on the job market for minors, as well as employee
avaiiabiiity for merc�iants.
Restrict Loca�ion af Sales. This approach is very common for liquor sales, adult uses, and other
types of activities considered harmful to minors, and it shauld be equally defendable for tobacco
iicensing. Thraugh a cambinatian of the licensing and zoning ardinances ofthe city, the city can
make it illegal to sell tobacco, tobacco products, and tobacco related devices within certain
districts and within certain setback distances fram other uses. For example, #he city cauld
prohibit sales within 500 feet of schools, churches, residential azeas, and other common areas
frequented by minors. .._
Signage. Licensees would be requixed to post signs indicating that it is iliegai to seil tobacco,
tobacca products, and tobacco related deviees to anyone under the age of 18 years, arid that the
possession and use of such items by minors is also iilegal under both State Iaw and the local
ordinance. Such signs give notice to the minors and serve as reminders to clerks to check
identifications when there is any doubt about a person being of legal age. Be�ore adopting this
requirement, a city shouid determine the type of signs it wauld waut, and perhags consider
pravidin� them as a part of issuing the license (the cost could be incorparated into the license fee
or billed segarately}.
Spansorship of events at public Iocatians. Same cities have adopted policies prohibiting
tobacca companies from advertising at public parks, etc. and any private group using the
public facility must agree not ta allaw tobacco based sponsars to arlvertise by means of car
painting, placards, billbaards, clothing ,etc. There are some potential constitutianal challenges
to this type of restriction based on eq�ai pratectian and free speech, but if done carrectly, this
re�ulatian has worked and should be defensible.
STATE UF 1VIINNESOTA
4FFICE OF'I'I� ATTOIi;NEY GENERAL
342 S3'ATE CAPiTY?L
ST: FAUL, MN 55155-iU42
HUBERT H. HUMPHREY III October 30, 1996 TELEPHONE:(612)296-6196
A1"['ORNEY GENERAL
The Honorable Charies Mertensotta
Mayor of the City of Mendota Heights
1101 Victaria Circle
Mendata Heights, MN 55118
Re: Sale of Tobacco ta Chilciren
Dear Mayor Mertensotto:
I am writing to encowrage you to consider initiating a pxaposal to stop the illegal sale of
tabacco products. It is an opparlunzty to act decisively on behaif af the children af yaur
community. �
Tobacco products are the greatest preventable cause of death and disease in our society.
Most smakers become addicted to tabacca products before they are old enaugh to purchase them
legally. Tomorrow, as it happens every day, about sixty more Minnesota. children will begin
smoking illegaliy; fifteen of those youngsters will eventuaiiy die as a zesult of the habit. Every
year, more than 5,000 Minnesota. cluldren condemn themselves to a life of addiction.
These numbers remain high because our laws against the sale of tobacco to minors are
inadequate. On average, underage customers are successful in purchasing tabacca illegally fifty
percent of the time in cities without ordinances. In cities with effective ordinances, violations
were forty percent Iower. In fact, before the city of Fergus Falls passed a strong local ardinance,
children were successfully purchasing tobacco illegally fifty percent af the time. After the
ordinance was passed, the rate dropped to three percent.
We will nat end this rarnpant disregard for the law and the safety of aur youth until cities
statewide pass tough ordinances that Iicense tobacca vendors, place tobacco behind the counter,
ban vending machines, require stores to submit to frequent compliance checks, and set increasing
penalties far repeated violations. Further, it is essential that we act soan. For several years, the
Minnesota legislahue has been considering an important bill that would set statewide standards
for all stc�res that sell tc�bacca. This proposal, which has been supported by vir�tua�ly all af
Minnesota's rreligious, educatianal, and health care organizations, would preserve the power af
local communities to set taugher local standards that go beyond the statewi.de minzmums.
Unfoxtunately, the pflwerful tobacco lobby has so far stalled this proposal, while pushing its awn
pian to "preempt", ar prohibit, the pawer af cities to wrife tougher standards.
VJhen fihe state legisiature convenes next January, tobacco and retail lobbyists wili be
working overtime to end local control over tobacco sales and restrict future local ardinances.
Thus, Minnesota communities may oniy have a brief windaw of time in which to pass strong i
Facsimile: {622) 297-4193 • TDll: {612) 297-72Q6 • Toli Free L'snes: {840) 657-3787 {Yoice), {804} 366-4$i2 ('iDD}
An Equal Opportuniry Employer Who Values Diversity �a Printed on 50% recycled paper (15�o post consumer content)
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ordinances. By proposing a tough ordinance, you will send the message that Mendota. Heights is
serious about solving this problem. I encourage you to send that message.
Best regards,
�.�...,.,�c� �.,.,., _,.�
HLTBERT H. HUMP
Attorney General
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CITY OF MENDQTA SEIGHTS
October 25, 1996
TO: Mayor, City Cauncil, and City Ad ' str r
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Ridders' Positian on Tree Preservation Ordinance
Discussion
Ms. Kathleen Ridder visited with Tim Danielson and Patrick Hollister on Mon.day, ..
Sep#ember 16, 1996 to discuss her position on the proposed Tree Preservation Ordinance.
Ms. Ridder asked Staffto convey her sentiments on tlus matter ta the Council priar to the
adoption af any Tree Preservation f)rdinrance. This memorandum has been reviewed by
Ms. Ridder, who has verified that it accurately represents her position.
Ms. Ridder says that the both the adaption of the Tree Remaval Moratorium and the
discussian of adopting a Tree Preservation Ordinance have precipita#ed estate pianning
di�culties and anxieties within the Ridder family. Ms. Ridder says that as the owner of
the Iast significant subdividable parcel of land in the City (apart from Dodge Nature
Center, which apparently has no intention of developing) their property would be "singled
aut" by this propased Tree Preservation 4rdinance. The Ridders' holdings an the
"superblock" add up to appro�mately 36 acres. Ms. Ridder says that she would bear a
unique burden in the enforcement ofthis t7rdinance, a.nd considers the questian ofwhether
she would be "singled out" by design or as an unintended consequence ta he irnmaterial.
Ms. Ridder cansiders such an 4rdinance to be "spot regulation".
Ms. Ridder says that their entire estate was farmtand and hence almost bereft of trees at
the time of purchase, and that their family planted nearly every tree that naw stands on the
properiy. Ms. Ridder says that over the iast forty years every other property owner in the
City has been able to cut doum any tree they wished, and that prohibiting such activity at
this Iate date serves no purpose other than to piace a unique and unfair burden upon the
Ridders.
Furthermore, Ms. Ridder claims that many of the trees on their property that are desirable
are now diseased and need to be cut down. Ms. Ridder says that she has several Oaks
with Oak Wilt, Green Ashes with Ash Yellaw, and Elnns with Duteh Elm Disease.
d
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Nevertheless, should the City insist on adopting a Tree Preservation Ordinance, Ms.
Ridder wishes to go on record that she much prefers the simpler original version (see
Appendix A) to the more complex new version (see Appendix B.) Even in the first
version, however, she urges the City to make the following revisions:
1. Change the definition of "significant tree". Ms. Ridder feels that a"significant
tree" should be defined as one having historical value or having served as a long-
standing conspicuous landmark for all residents, and believes that no tree in the City of
Mendota Heights merits such a designation. If the City insists on using a size criterion
for detemiining significance, Ms. Ridder asks that the threshold be increased from 4"
to 12" or greater.
2. Remove any reference to a"Certified Tree Inspector". Ms. Ridder says that the
requirement that only such an individual could determine whether a tree is diseased or
damaged is excessive and costly. -
Ms. Ridder also asked Staffto consult with the City Attorney and have him provide a legal
justification for a Tree Preservation Ordinance.
The Ridders were out of town from September 26 to October 1, and were unavailable for
the October 15 Council meeting. The Ridders plan to attend the November 5 Council
meeting to discuss this matter.
(Please note that the Tree Removal Moratorium expired on September 1, 1996, and that
the City is prohibited from renewing this Moratorium any further. Thus landowners in the
City are under no City restrictions in regards to tree removal on their own property at this
moment.)
Please also see the attached Appendix C, the proposed referring Ordinance.
Council Action Required
Discuss�one or both versions of the proposed Tree Preservation Ordinance with the
Ridders and/or their representatives and advise Staff on a course of action.
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Appendix A
CITY OF MENDUTA HEIGHTS
DAKQTA COUNT'Y, MINNESQTA
ORDINANCE NC►.
(Codified as Qrdinance Na. 704)
•��t � . • � . , #
The City Council of the City t�f Mendota Heights does hereby ordain as follaws:
SECTION i. PURPOSE
The purpose of this ordinance is to protect the health, safety and welfare of the community by
preventing the clear cutting of significan# trees from any undeveioped praperty in the Cifiy o£
Mendata Heights without prior reviaw and consideration by the City Cauncil,
SECTION' 2. DEFI]VITII�NS
2.1 ��nificant stand of trees. A sigiuficant stand of trees shall be deemed to rnean six or mare
trees that are greater than four inches in diarneter as measured eighteen inches above the
ground.
2.2 Undevelaped propertv. Undevelaped properry shalt be deemed to mean any parcel of
property iarge enaugh to be subdivided into two or more parceis or property upon which
no construction, installation or creation of any structure has occurred.
SECTIC3N 3. PERMiT REQUiREMENT
Remaval of any significant stand of trees on any undeveloped property in the city is prahibited
without prior approval and issuance of a pernut by the City Council. No application fee ar permit
fee shall be Ievied against individuats who apply to the City Council far a tree removal.
SECTION 4. VIOLATIQNS
Any person, firm or corporation violating any of the provisions of this Ordivance shall, upon
conviction thereo� be fined an amaunt not to exceed $70U.00 ar shall be imprisoned for a geriod
not ta exceed 90 days ar both.
SECTION 5. EFFECTIVENESS
This Urdinance shall be in full force and effect from and after its gublication according to law.
�
Enactec� and ordained into an ordinance this day of
CITY COUNCiL
CITY� OF MEI��llOTA HEIGHTS
Charles E. Mertensatto
Mayor
ATTEST:
Ka.thteen IVI. Swansan
City Clerk
Appendix A
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Appendix B
CTTY 4F l��NDOTA I�EEIGHTS
DAKOTA COLTNTY, MIl�]'NESOTA
ORDINANCE NO.
(Codified as 4rdir�ance Na. 704}
AN ORI7INANCE RESTRICTING TREE REMOVAL
The City Council af the City of Mendota Heights does hereby ardain as follows:
SECTION 1. PURPOSE
The purpose of this ordinance is ta protect the health, safety and welf'are of the cammunity by
preventing the clear cutting or indiscriminate remaval of sigruficant firees from any undeveloped
properiy in the City of Mendota Heights without prior approval and issuance of a permit by �he
City Councii.
SECTION 2. DEFTNITIONS
2.I Clear cuttin�or indiscriminate removal ofsignificant trees. Clear cutting ar indiscriminate
remaval of significant trees shall be deemed to mean either
a) removal of any tree (except aspen,.boxelder, e1m and willaw} having a diameter
greater than tweive (12) inches measured eighteen (18} in,ches above the graund, or
b} removal of a stand of trees (except aspen, boxelder, eIm and willow) that individually
have a diameter greater than si�c inches as measured eighteen inches above the graund
and have a cumulative diameter of greater than thiriy-two (32) inches as measured
eighteen inches above the ground,
2.2 Undevelo�ed nrot�ertv. Undevelaped property shall be deemed to mean any parcel of
property large enough to be subdivided into two or more pazcels or properiy upan which
no construction, installation or creation of any stn.icture has occurred.
SECTiON 3. PERMIT REQt7IREMENT
C1ear cutting or indiscriminate remaval of significant trees on any undeveloped property in the
city is prohibited without prior approval and issuance of a pernut by the City Council. There shall
be no applicatian fee or pernut fee for a tree rernova2 permit. �-
Appendix B
SECTION 4. EXCEPTIONS
Pernuts shall not be required for the removal of dead trees or trees which have been identified as
diseased by a certified tree inspector.
SECTION 5. VIOLATIONS
Any person, firm or corporation violating any of the provisions of tlus Ordinance shall, upon
conviction thereof, be fined an amount not to exceed $700.00 or shall be imprisoned for a period
not to exceed 90 days or both. �
SECTION 6. EFFECTIVENESS
This Ordinance shall be in full force and effect from and after its publication according to law.
Enacted and ordained into an ordinance this day of
CTTY COUNCII,
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk
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Appendix C
CITY OF MENDQTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 401
The City Coun.cil of the City af Mendata Heights does hereby ordain as follows:
Section 1. Ordinance No.401, known and referred to as the "Mendota I3eights Zoning
Ordin,ance," is hereby amended in the following respects:
The following paragragh is hereby added to section 2Q of said ardinance:
�0.19 Tree Removal Restrictions
'The tree removal'restrictions as set forth in Ordinance No. 704 of the City Code af
Ordinance, "An Ordinance Restricting Tree Removal," shalt apply to all d'astricts
within the City.
Section 2. T�is ordinance shatl be in full force and effect from and after its pubtication
according to law.
Enacted and ordained into an ordinance this day o� 199b. `
ATTEST:
Kathleen M. Swanson
City Clerk
CITY COUNCIL
CTI`Y 4F MENDUTA HETGHTS
Charles E. Mertensotto
Mayor
a
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CTTY OF MEND4TA HEIGHTS
MEMO
Qctober 25, 1996
TO: Mayor, City Council and City Ad '�ra
FROM: Patrick C. Hollister, Administrative Assistant
SIJBJECT: Height Variances for Acacia Cetnetery
Case No. 9b-31
Discussian
Ai the C}ctober 22, 1996 meeting of the Planning Commisszon, Mr. Bentley of Acacia
Cemetery presented the Cemetery's plan to install a 40' high bell tower for use during
memorial sezvices. The bell tower wouid be a steel stnzcture with a dark branze color.
The Cemetery would like to install the bell tower where the flag pale currently stands and
mave the flag pole to anather location an the site. The Cemetery has alrea.dy received
approval from the FAA for the tawer in regards to air safety and has already put half of
the money dawn far the iaell tower. Staff deternuned that the Cemetery would need a 22%
foat varia.nce for the bell tower and a 7'/z foot variance for the flagpole, since it would no
langer be t`grandfathered" if it were moved.
Please see the attached materiats accompanying the application, including the report from
our Planner. '
Recommendatian
At the Planning Commission's regularly scheduled meeting on October 22, 1996,
Commissioner Duggan moved to recommend that the City Council grant the requested
Height Variances. Commissioner Betlej seconded the motion. The motian passed on a 5-
1 vote with ane abstention. (The major concern was that no hardship existed for the
variance, causing one Cammissioner to vote against the request and one to abstain.}
Action Required
If the �ouncil wishes to follow the Planning Corr�missian's reco�unendation, the Council
shauld pass the attached Resolution 96- : A RESOLUTION GRANTING TWO
HEIGHT VARZANCES FOR ACACIA CEMETERY.
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESOLUTION APPROVING TWO HEIGHT VARIANCES
TO ACACIA CEMETERY
WHEREAS, Acacia Cemetery has requested a Height Variance of 22'/z feet for a
new bell tower and a Height Variance of 7'/z feet to relocate their existing flagpole to a
new location, as proposed on plans on file in Planning Case No. 96-31; and
WHEREAS, The Planning Commission of the City of Mendota Heights held a
public hearing on this application at their October 22, 1996 meeting; and
WHEREAS, The Planning Commission voted 5-1 (with one abstention) on
October 22, 1996 to recommend that the City Council approve this request,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that the requested a Height Variance of 22% feet for a new bell
tower and a Height Variance of 7'/z feet to relocate their existing flagpole to a new
location as proposed on plans on file in Planning Case No. 96-31 is hereby granted.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that the requested a Height Variance of 22'/z feet for a new bell tower and a
Height Variance of 7'/z feet to relocate their existing flagpole to a new location as
proposed on plans on file in Planning Case No. 96-31 will have no adverse impact on the
health, safety and general welfare of the citizens of the community and the surrounding
land and that said proposed improvements are not adverse to the general purpose and
intent of the Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
this Sth day of November, 1996.
ATTEST:
:
CITY COUNCII,
CITY OF MENDOTA HEIGHTS
:
Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor
McCombs Frank Roos Associates, lnc.
15050 23rd Avenue North, Plymouth, Minnesota 55447-4?39
MENI�ORANDUM
TU:
FR4M:
DATE:
N�EETING DATE:
SUBJECT:
APPLiCANT:
LOCATION:
ZONTNG:
MATERI.ALS
REVIE'V�ED:
Telephone Engineers
6'E2t476-80'f0 Planners
612/476-8582 FAX Surveyars
Planning Co�nissioners af Mendata Heights
Meg J. McManigal, City Planner�ll���
October 14, 1996
October 22,199b
Height Variance for Memariai Bell Tower and Flagpole
0
Acacia Park Cemetery Association
2151 Pilot Knob Road
R-1, Single Family Residential
l.
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Applieation for Consideratian af a Plar�ung Request,
signed and dated September 20, 1996.
Letter firom K.urt A. Bentley, Acacia Park Cemetery, dated
September 20,1996.
Signatures of consent to waive a pubiic hearing.
4. Acknowledgments af Notice of Proposed Canstructian or
Alteration, from the Federal Aviation Administration
(FAA} for the flagpole and beli tawer.
,,Description Of Re�uest
Acacia Cemetery wouid iike to relacate its flagpole and erect a bell tawer at its entrance on
Acacia Boutevazd and Pilot Knob Road. Propased is a height of 40' for the be11 tower, to be
Iocated at the entrance where the flagpole is located now, and a height of 30' far the flagpale,
which would be moved to the back af the parking lot (to the west}. A variance for these two
An Equal Opportunity Employer
!
City of Mendota Heights Planning Commission
City of Mendota Heights Wetland Permit
4ctober 22,1996
Page 2
structures is requested. In the "R" districts the ma�cimum height allowed for an accessory
structure is 22.5 feet (IS feet pius and increase of $0°l0 = 22.5 feet}. 'Thus the variance requests
are for:
a. 7.S feet for the flagpole, and
b. 1'7.5 feet for the bell tower
Signatures have been obtained to waive the public hearing as per Section 5.5(4) of the Zoning
Ordinance. , '
Varia ce Review
Staff inet with the agplicant and visited the site. The height of the structures would have little
impact on sutrown:ding properties as there aze few residences in the area. The increased height
would nat impact health, safety, comfort and morals; have any impact on the supply of light and
air to adjacent praperties; would nat increase the congesti.on of surrounding public streets; would
not have any danger of fire or public safety; and not impair property values in the surrounding
area.
The special conditions that might apply to the land in question aze tb.at the land use is a cemetery
and there are few surrounding Iand uses that wauid be impacted.
The variance may nat be necessary far the preservatian and enjoyment of praperty; and it appears
there is not a specific hardship related to the land in question.
�'ta,f�,' Recommendation:
The City Planner supports the variance request, as it meets most of the variance criteria and will
not have any impact any surrounding properties.
�
;
McCombs Frank Roos Associates, Inc.
15050 23rd Ave. N. Engineero
Plymouth. MN 55447 Planners
6,2,4�6-60,� S�rve„ars
Acacia Bell Tower and Flag Pole
Variance Request
October 22,1996 �
�
ACACIA PARK CEN�;TERY j
�
.
2151 Pilot Knob Road
Mendota Heights, MN 55120-1198
(612)452-1555
FAX: (612) 452-2986
$EPT. 2Q, 1996
CITY OF MENDOTA HEIGHTS
1101 VICT�RIA CURVE
MENDOTA HEIGHTS, MN. 55118
RE: MEMORIAL SELL TOWER AND FLAGPOLE RELOCATION.
TO WHOM IT MAY CONCERN; ACACIA PA.RK CEMETERY SEEKS
APPROVAL TO ERECT A FORTY FOOT MEMORIAL BELL TOWER AT THE
CURRENT LOCATION OF THE FLAGPOLE. THE FLAGPOLE WOULD BE
RELOCATED DIRECTLY WEST IN THE BACK OF OUR PARKING LOT.
THIS MEMORIAL BELL TOWER IS A GIFT TO ACACIA PARK
CEMETERY BY A BENEFACTOR THROUGH THE SAINT PAUL
FOUNDATION. ACACIA IS VERY PLEASED TO RECEYVE SUCH A
GENEROUS GIFT AS IT WILL BEAUTIFY OUR MAIN ENTRANCE AI3D
SURROUNDING AREAS FOR ALL WHO PASS THROUGH OR BY OUR
CENlETERY GATES.
IN PREPARING TO CLEAR THE WAY FOR THE MEMORIAL BELL
TO(nTER AND RELOGATION ON THE FLAGPOLE, ACACIA HAS SOUGHT
AND RECEIVED AUTHORIZATION FROM THE FEDERAL AVIATION
ADMINISTRATION REGARDING ACCEPTABLE HEIGHTS. IT WAS NOT
UNTIL ACACIA WENT TO MENDOTA HEIGHTS CITY HALL FOR THE
PROPER PERMITS NECESSARY THAT ACACIA DISCOVERED WE NEEDED
TO PROPERLY ADDRESS THE PLANNING COMMISSION AND THE CITY
COUNCIL REGARDING THESE CHANGES AND SPECIFICALLY HEIGHTS
OF THE STRUCTU�ZES .
I HOPE YOU WILL VIEW ACACIA PARK CEMETERY AS A VERY
GOOD AND RESPONSIBLE NEIGHBO,R WHO LOOKS OUT FOR THE
�NTEREST OF NOT ONLY THE FAMILIES WE SERVE BUT ALSO TO THE
COMMUNITY WE RESIDE IN.
SINCERELY,
���•
KURT A. BENTLEY
GENERAL MANAGER, ACACIA PARK CEMETERY
KA$/kb
Peace of mind for you and your fanail}�.
4
♦l.� .♦
► � s .
City a�
Heights
APPLICATION FO FC4NSIDERATION
PLANNIlYG REQUEST
Case No. �, ?{.j.�" �
. Date af A licadon �
Fee Paid .���._ � �� +� �
Applicani Name; ACAC IA PARK CEMETERY AS S OC . pH, t�� 2� 4 5 2_ 15 5 5
tr-�) t�'�'s�) (�
A���; 2151 PTLOT KNOB ROAD, MENDOTA�HETGHTS, MN. 55120
(Number & Street) (C`�tY) (State) CZiP)
OwnerName: ACACIA PARK CEMETERY ASSOC.
(I.ast} (Ffrst} (ri21} "
Address: * * * * SAME * * * * .
(Number & Street) tCity) tState} t2ip}
Street Locadon of Property in Question:
. LegalDescripdonofPnoperty PARCEL #27-02800-010-75; PT OF S� C?F SEC 28 DESC AS
BEG 33 FT W OF SE CQR N 99Q.86 FT N$9D 41M W 1443.2 FT M L TO E LY RjW CMSP
RR 5'_L�,ON R/W T4 S LINE OF SEC E ON S LINE TO BEG (REARR fJF MN ACACTA PARK
CEMETERY) 2$ 2$ 23
Tyge of Request:
Rezoning
Conditionai Use Permit
Canditionai Use Pemait for P.0 D.
Ptan Approval
Comprehensive Plan Amendment
Apglicab2e City C}rdinance Number �"i Q� Section �• S � Z�
Present Zo�ing. c�f•Pmperty � P"resent Use � C�✓�1 �.. F�� le �f
����go��,��.� � ��U� �� � �.��e y
XXX y���
Subdivision Apgrovat�
Wetlands Pemut
Other (attach explanation)
I hereby dedare that a�l�. statemeAts made in ttzis re�est and an e additianat
materia� a�e �e. .
(Signat�ue of Apptica�at) KURT A. BENTL Y
9j20/96 GENERA.L MANAGER, ACACIA
E��)
{Received by - �tle} :. �
1101 V%ctoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
!
d
J
Date:
Applicant:
Case No:
City of Mendota Heights
Variance Checklist
/aGGG'c� Ce.�e-��y
�►( -3�
�/a. Fee ($50 Residential, $100 Commercial)
� . Completed Application Form
�. Letter of Intent
SiGna��'s o� �rnS�i"
'� d. Abstract Listing of owners located within 100 feet of property.
The applicant shall submit one signed copy of the application and the following supporting
documents:
►i 1. Sketch plan showing all pertinent dimensions, and including the location of any
easements, having an influence upon the variance request.
�. Written consent and waiver of public hearing, in a form prescribed by the City, by
the owners of property within 100 feet of the boundaries of the property for which
the variance is requested, accompanied by a map indicating the location of the
properry in question and the location of properry owners who have given consent,
or, lacking such consent, a list of names and addresses of the owners of property
within 100 feet of the boundaries of the property for which the variance is
requested.
�� 3. If topography or extreme grade is the basis on which the request is made, a11
topographic contours shall be submitted.
�/� 4. If the application involves a cutting of a curb for a driveway or grading a driveway.
the applicant shall have his plan approved by the City's Public Works Director.
Note: Dated originals plus twenty dated copies of all of the above materials must be
submitted by noon on the first Tuesday of the month. All materials laxger than 8%" x 11"
must be folded to that size.
z
C ity o�
.... . � 1Viendota Heights
October 11, 1996
Kurt A. Bentley
General Manager
Acacia Park Cemetery Association
2151 Pilot Knob Road
Mendota. Heights,lVlinnesota 55120
Dear Mr. Bentley:
Your applicaxion for a Variance (Planning Case # 96-31) was deternuned to be complete
on September 30, 1996. Thus the 60-day review period for your applica#ion commences
as of September 30, 1996 and will expire on Friday, November 29, 1996. Please plan to
attend the Planning Commission meeting on October 22, 1996 to present the details of
your application. The meeting will being at 7:30 p.m. in the Council Chambers at City
Hall.
Thank You.
� � .
Patrick C. Hollister .
Administrative Assistant
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
�
. ,
C1ty o� '
.,�.,� . � 1��er�c�ota H�ights
SIGNATURE3 t�F CdNSENT FOR VARIANCB REOIIEST
TQ: The PZanning Commzssion, City of Mendota Heights
'�*
E��
Property Owners of ��,4 � ir� �A-2r �.P m�.f��.,
! r ► � m n Y i a � %r.J ��✓ � ��e.1 � "Ta?.ti1 e �� �� � T~�' LC�
S
We the undersigned have reviewed the plans for ,q-GG c�r �4 i�ia�.K,
,�, �-�e r : and understand the terms and
conditio s of the requested variance for ° ei hf' _ __��
We have no ob�eations to this request and do hereby give our
written consent and consent to waiver of public hearing.
' Sincerely,
NAME (Flease Print)
i'Yi �TI-�A-�.r�
�-1-T'�F ,�'� � ��� � �kt�J���
SIGNAT'EJrRE
�
ADDRESS (INCL. LOT�
2�� �f� :� ;:.��� � P.�'
j 7d . lil,�T ltiie b
. �.
1101 Victoria Curve -1Kendota Heig,hts, 1ViN - 55118 452 • 1850 -
, ��.
' U.S. �@j�c�t'ifilellt
of Transporlalion
Federal Aviation
Admir�istration
Greal Lakes Region
Illinois, Indiana, Michigstn
Minnesota. Norll� Dakota,
Oiiio, South Dakota,
Wisconsin
2300 East Devon Avenue
Des Plaines, lllirrois 6Q018
ACKNOWLEDGEMEN'P OF NOTICE OF PROPOS�D CONS'.I'RUCTTON OR AI,TERATION �
--------------------------------------------------------------------------
CITY STATE LATITUDE/LONGTTUDE MSL AGL AMSL
MENDOTA MN 44-52-41.67 093-10-07.81 946 30 976
--------------------------------------------------------------------------
ACACIA PARK CEMETERY ASSOCIATION AERONAUTICAL STUDY
KURT A. BENPLEY, GENER.AL MANAGER . No: 96-AGL-0298-OE
2151 PILOT KNOH R01lD
MENDOTA IiEI(�HTS, MN 55120
Type S tructure : FLAG POLE C3 O F� �� N�G�J
The Federa'1 A�va.ation Adznzni�tration liereby ac3:nowledgea receipt of
notice dated U1/31/96 concerning the proposed construction or
alteratian contained herein.
A study has been conducted under �he provisions of Par� 77 oE �he
Federal. Aviatio�i Regulations to determine whether the proposed
construction would be an obstruction �o air nava.gation, whether it
should be marked and liglited to enhance satety in air navi.gation,
and whether supplemental notice of star� and completion oE
conatruction. is required to perinit timely char�ing and notification
to airmen. The �indings of �ha� study are as follows:
The proposed cons�ruction would not exceed FAA obstruction
standards and would no� be a hazard to air navigation.
Obstruction marking and lighting are n.o� necessary.
This determination expires on 08/09/97 unless applica�ion is
made, (if subjec� to the licensing authority of the Federal
Communic��ions Commission), to the FCC befoxe that date, or i�
3s otherwise exten.ded, reviaed or �erminated.
If the s�rueture is subject �o the licensing authority of the ��
FCC, a copy of t�iis acknowledgement will be sent to that agency. .
:�OTICE IS REQUIREU ANYTIME THE PROJECT IS ABANDONED OR THE PROPOSAL IS MODIFIED
SIGNE �- at�t���ct_CV�-��� Specialist, Systems Managemen� Branch
L Roger FergusorA (847) 294-7568
ISSU IN: DesPlaines, IL ON 02/7.3/96
a
�
H...�.�_,,,�,�
��
Ei..'��. Q2(}c'�C�CTI$(tt
of Transparlalion
Federal Aviation
Adrninistration
Great Lakes Region
lttir�ois, tr�diarta, Micieigan
Minnesota, Norlh pakola,
Ohio. Soutl� Dakola,
Wisconsin
2300 East bevon Avenne
Des Piainos. ltli�rois 600i8
ACKN4WLEDGEMEN'I' OF NO`1'It'E OF PRQFOSED CONS'1'RUC�'IC}N C}R ALTER.PsTI{}N
s ,
----------------------------------------------------�___-_----------------
CITY S'.CA'1'E I�11TI7.'UD�/LQNGITUDE MSL AGL .AMSL
MENDOT�3 MN 44-52-41.67 093-10-04.$1 9�7 40 9$7
---------------------------------------------..--------------_-------------
ACA,CIA P.A.RK CENIETERY ASSOC.
KURT A. BEN'i'L' EY, GENER.AL Ni�Nl1GER
2Z51PILt}T KNOB ROAD
MENDATO HEIGIiT�S'r MN 551.20
Type S truc �ure ; BELL TOWER �� � F� �'� f"f r���
AERON.�IUTICAL STUDY
No. 96-13GL-4297-CtE
'Phe Federal. Avia�ioa�. �dministration hereby aeknawledges xeceip� o�
nota.ce dated 02/02/96 concernixig the proposed con�truction or
alteration contai.ned herein.
,A s�udy kias been coz�duci:ed under �he grovision.s of Par� 77 of the
Federal Avi.ation Regulatzoz�s �o deterinine whether the proposed
constructiazz wauld be an obstrueti.on �o aix navi.gatioz�, whether i�
should be marlced az�d 1i.yli�ed to enhance safe�y in air n.aviga�ian,
and whether suppleznenta7. natice o£ staart and compl.etian ai
construc�ian is required to permi� tiznely chartin.g an.d na�.ificatian
to airmen, 'rhe fin.dings o� that s�udy are as fol�.ows:
The propased cozzstruet3.on wauld na� ex�eed FA,lA obs�rueti.on
s�andards and would not be a hazard �a air navigation.
Obstrue�.ion marking and ligh�ing are not neeessary.
Thi.s determiz�atian exp�.res on. oslo�ls� un].ess app�.icatian is
made, (�.f subject �.o i:he lxaensirxg auL-lxori.ty o�£ the Federal
Comumunicati.vns Comn�iss9,on) , to the k'CC be�ore i:lxa� da�e, or i.�.
is othearwise ex�ended, revised or �erminated,
Tf �he sl�ruc:ture is subjeet �o �he licensi.ng authori�y� oi tlie
k'CC, a copy oi �his acicziowl�dgemen� wi�.1 be sent to tha� agency.
FOTICE IS REQUIRED �1NYTIME TFiE PROJECT IS ABANDQNED OR TFIE PR{3�POSA.L IS M{?DTFIED
�IGNED �. ?�/'�I�ica:.�e.c.tf? � Spec�.ala.��, Systems Management Bran.ch
� Roger Ferguson (847) 294-7568
'�SUE IN: DesPlaines, IL ON oz/�.�/s�
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crrY oF �rmoTa �Gx�rs
�:� •
October 30, 1996
TO: Mayor, City Council and City A r
FROM: James E. Danielson, Public Works Director
5UBJECT: McNeil Property Acquisition/Street Sweepings Site
DISCUSSION:
Because the City is losing the North East corner of Tii 110 and Dodd Road as a
disposal site for street sweepings we have been looking for alternatives. Hauling the sand out
of the City to a disposal site could cost as much as $40,000 a year, so we have been
concentrating.on looking for sites in town. We have identified the McNeil site which is
located within the City's Industrial Park behind Hudson Trucking and is a remnant site left
over fmm MnDOT's right-of-way acquisition for TH 13 (site plan attached). The site,
although it is large, is irregular in shape (long and narnow), and therefore would not be of
much use for redevelopment. It is also a well known con .,taminated site which is probably why
MnDOT did not acquire all of it for right of-way. �� � �''� �
. Because of this site's location and because it is not a developable site we feel that it is
an excellent candidate for acquisition as the City's next street sweeping disposal site. Also,
because of it's kno�vn en�ironmental contaminations, we recommend that Barr Engineering be
retained to analyze the problems and provide the City with advice on how to deal with them.
They have suggested that we could enter aa MPCA program that would not hold the City
liable for existing environmental containinations. Barr has a staff inember who was an MPCA
employee aad is extremely �familiar with their policies (Ken Haberman). Barr P.ngineering also
was MnDOT's consultant when they acquired TH 13 right-of-way in the area, and therefore is
familiar with the s�te and the area. �
FUNDING �
. . .. ... .
This site is a�blighted site for many reasons and within the Iridustrial Park's TII�
District: It is therefore recommended that TII� funding be utilized to acquire and clear the site
for usage as the City : s street sweeping storage site. It is anticipated that it has 40 f�, years of
storage capacity� after which it- will be�landscaped and combined with the Hudson site for side
yard. '
s . ..
RECOMMENDATION: • �
It is recommended that the McNeil site be acquired for use as the City's street sweeping
disposal site and that Bair Engineering be hired as a first step in that process to analyze the
environmental conce�ns and apply to MPCA to obtain liability pmtection. Mr. Haberman will
attend this meeting to discuss the details of his proposal with Council.
ACTION REQUIItID; . �
Review with Mr. Haberman the details of his proposal, determine if Council desires to
proceed with the acquisition of the McNeil site and if Council desires, contract with Barr
Engineering to provide services as outlined in the proposal. If Council desires to approve the
proposal they should pass a motion authorizing the Mayor to execute it. All project costs are
to be funded out of 'T�.
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�ar�r
Engineering Company
September 10, 1996
Mr. Jim Danielson
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
830o Naman cenrer D�iue 555 wesr 27th saeer
Minr►eanolis, MN 55437-1026 Hibbing, MN 55746
Phone: (612) 832-2600 Phone: (�18J 262-34&5
Fax (G12J 832-2601 Fax �118) 262-3460
R.e: Proposal for McNeil Property, 1455 Perron R,oad, Mendota Heights
Dear Mr. Danielson:
2(12 West Superior Street
Dulutli, MN 55802
Phone: �218J 727-5218
Fax (�18J 727-6450
Thank you for the opportunity to provide assistance in addressing the environmental and
regulatory issues related to the above-referenced property (Property). From our review of previous
reports, the Property has been used for petroleum storage, waste hauling, and waste and debris
storage. Based on samples collected from an on-site well, the groundwater beneath the Property is
contaminated with trichloroethylene (TCE) above drinking water standards. The Minnesota
Pollution Control Agency (MPCA) believes the contamination is the result of an off-site source. In
recent discussions with the MPCA, additional groundwater samples have been collected and
analyzed for chlorinated organics. These recent sample results indicate TCE concentrations
continue to be above drinking water standards in the on-site well.
We understand that it is the City of Mendota Height's (City) desire to acquire the Property and to
request assistance from the MPCA in order to obtain liability protection. We also understand that
the future use of the Property consists of surface stockpiling of street sweepings. In order for the
City to use the Property for this purpose and to receive liability protection from the MPCA, it will
be necessary to document the environmental conditions that effect the Property and; at a
minimum, remove surface debris and possibly, surficial soils within proposed site utilization areas
that have been impacted from a release of oils and/or hazardous materials. If it is determuied that
the City will need to dispose or remediate petroleum contaminated soil in order to reuse the
Property, the City may be eligible for reimbursement of costs from the MPCA's Petrofund program.
This proposal describes the overall scope of work necessary to meet project objectives, and the
estimated cost and anticipated schedule to complete an updated Phase I Site Assessment/Phase II
Mr. Jim Danielson
September 10, 1996
Page 2
Site Characterization report and preparation of the appropriate MPCA program applications in
pursuit of liability protection in the form of a No Association Determination for the Property.
Approach
The approach for conducting this work is based on the MPCA's protocol for environmental property
assessments. The work will be conducted in two and possibly three phases. We propose to first
compile and summarize the effisting data into an updated Phase I Site Assessment/Phase II Site
Characterization report. We will conduct a site visit to determine potential changes in the waste
and debris present since the previous site investigation conducted in 1892. At completion of this
report, if the Property source areas have not adequately characterized, we will recommend
additional sampling in a Supplemental Phase II Investigation Work Plan (included as part of the
Phase UPhase II report). If, however, it is determined that the previously collected data described
in the Phase I Site Assessment 1Phase II Site Characterization report adequately characterized the
potential source areas, a Supplemental Phase II Investigation Work Plan will not be prepared. The
last phase of work discussed will consist of the preparation of a Supplemental Phase II
Investigation Report/Response Action Plan (or Waste Management Plan) for the management of
surficial debris and, if appropriate, impacted surficial soils that are present in the proposed
reutilization areas on the Property. All proposed work will be accomplished in accordance with the
appropriate MPCA guidance documents.
Updated Phase I Site Assessment/Phase II Site Characterization Report
The updated Phase I Site AssessmentJPhase II Site Characterization report will be a compilation of
previously collected environmental data (soil and groundwater analytical data), effisting landuse
and regulatory history information and, current Property conditions based upon a site
reconnaissance. This data will be used to justify the scope of work for a Supplemental Phase II
Investigation Work Plan, if necessary, or to develop an appropriate R,esponse Action Plan/Waste
Management Plan. The updated Phase UII Site Characterization report will involve the collection
and evaluation of available information to further define the evidence indicating the release of
hazardous substances or petroleum products to the property. A previous site assessment and a
screening site inspection of soil and groundwater have been conducted for this site. However, these
assessments and investigations were completed with different land use goals in mind and were
completed in 1992 and may have resulted in an incomplete picture of the Property. Historical
,..
Mr. Jim Danieisan
September 10, 1996
Page 3
inforniation related to the enviranmental candi�ions of the property, as well as to thase af adjacent
properties (whose conditions cauld affect the property, because of aff-site containination migrating
onto the property), will be summarized in the updated Phase IJPhase II Site Characterization
report, The historical data collected for the praperty will be apdated ta include recent regulatory
data, land use information, and current site conditions, e.g. recent dispasal. This information will
be compiled into a Phase UPhase II Siie Characterization repart that is cansistent with MPCA
Valuntary Investigation and Cleanup (VIC) program Guidance Dacument #8. If a Supplemental
Phase II Investigation Wprk Plan is required, the work plan would be prepared in accordance with
VIC program Guidance Document #11 for investigation of containinated soil and waste
characterizatian.
Supplementai Phase II Investigation Wark Plan Preparation (If Necessary)
If a Supplexn.ental Phase II Investigation is necessary, ihe updated Phase UFhase II Site
Characterization repart will inclnde a Snpplemental Phase II Invesiigat.ian Work Plan developed
utilizing the existing informa�ian about the property and taking into account the objectives for the
work. If a Supplemental Phase II Investigation is necessary it is likely to consist of the following
elements:
• Collect soil samples ia delineate areas that show contamination above soil screening ievels
that may need ta be e�cavated. By delineaiing ths area of contamination, a valume of the
contaminated sail can, be calculated and used for cost esti.matin;g of potential remediation
alternatzves.
• Collect samples of waste materials found on the site to determine proper disposal options.
Callect soil samples from previouslp untested potential release areas that are identified as a
result of the site visit,
The work plan for this investigation would confarm to applicable VIC program guidance documents
and would include a map of pxoposed sampling locatians, a list of parameters to be investigated, a
rationaie far parameter selectaan, a description af sampling and analytical methads to be used, a
description of quality assuran.ce and quality control measures to ensure data are representative of
site canditians, a proposed schedule to complete the project, a site safety plan (updated from the
�
� Mr. Jim Danielson
September lU, 1996
Page 4
pIan prepared in 1982}, and a plan far ctealing with invesfagatian-derived wastes. Barr also has
standard sa#'etp, field sampling, and quality assurance documents vchich can be ef�iciently modified
to include site-specific conditions.
Supplemental Phase !! Investigation (!f necessary)
The Supplemental Phase II Investigatian would target areas whieh the previaus investigation may
have missed antUor to delineate the e�tsnt of soil contamination in areas that may require
e�cavation to develop the site and characterize any waste materials requiring disposal.
We egpect the Supplemental Phase II Investigatian to consist of the following elements: a soil
investig�ation in areas where there are data gaps compared with ihe MFCA Preliminary Assessment
and Screening Site Inspeciian conducted in 1992 for potential source areas, a sail investigation
delineating soil containination that may require remediation, and characterization of waste
� materials for disposal. Although these investigation ta5ks are outside the scope of work reques�ed
far ihis proposal, they are briefly described below ia canvey a better understanding of future
activities that may be necessary at the site.
Soil investigation
As indicated above, soil investigation may be conducted in areas where there axe gaps in the data
campared to paten�ial source areas identified in the MPCA Screening Site Inspection repoxt ar
aareas that showed cantaminated soil above the soil scxeening levels. These areas that may require
remediation will be delineated ta determine e,gtent of cantaminatian. 'I'his wiil help ta determine
cast effective response action alternatives, if required.
A Geoprobe, hollow-stem auger or hand auger would likeiy be used to collect enviranmental
samples fram potential sonrce areas and/or to delineate sowrce areas. A Geoprobe is a hydraulic
percussion hammer mounted an a pick-up truck. The Geoprabe is considered a direct push
technalogy far callecting subswrface sail samples. Appxo�mmatelp 4 ia 6 shallow soil barings {5 faot
depth) can be completed per haur with the Geoprobe. The appropriate �ield equipment wa11 be
determined during the investigation work plan stage, if necessary.
ti
Mr. Jim Danielson
Septemlaer 10, 1996
Page 5
Depending on t;he results of ihe soils investigation, it may be necessary ta caxnplete additianal
e�ploratory e�cavations ar soil borings during the preparation of designs for xesponse actions.
Graundwaier investigation
No additional groundwater characterizaiion is being praposed.
5upplemental Phase II Investigation ReportlResponse Action PlanMlaste
Management Plan
Following completian of the Supplemental Phase II Investigation, if necessary, field observatians
and analytical results of soil sa.mples will be summarized in a report to the MPCA. Data
evaluaiions may consist of evaluatian 4f chemical data far soil and waste samples for preparatian of
a safety plan for construction workers and a waste management plan for soils/wastes esaavated
during consiacuction.
These data evaluations will be used to make recommendatians for subsequent work and the
recommendations will be summarized in a Response Action PIanlWaste Management Pian. The
Response Actian Plan/Waste Management Plan will be prepared and submitted to the MPCA's VIC
program prior to beginni.ng canstruc�ion activitaes. A contingency plan will also be prepared to
identify actions to be implemented in the event wastes or other types of environmental conditians
are unegpectedly encauntered during preparation for reuse of the Property.
If the results of t�ie Supplemental Phase II inves�igatian indicate the need far addiiional resppanse
actions (i.e., egcavatiom m�d disposal of cantaminated soil, or dispasal of waste materials) at the
Property, a Response Action Plan/Waste Management Plan would be prepared and submitted to ihe
VIG program in accordance with VIC Guidance Document #18. �auch a pian may include the
fallowing.
; A focused review of possible remedial-action approaches such as disposal af contaminated
soil excavated during construction.
• A conceptual design and estimate of implementation costs (capital and aperation and
maintenance) for each possible remedial action if necessary.
Mr. Jim Danielson
September 10, 1996
Page 6
• A discussion of the relative effectiveness of each possible action.
• A recommendation as to which action should be implemented and a time schedule for
implementation.
Following approval of the Response Action Plan/Waste Management Plan, plans and specifications
will be prepared for the selected response actions, the work will be bid, and a contractor selected to
implement the response actions.
VIC Program Application
In order to acquire and utilize the Property and obtain liability protection, it is necessary to
voluntarily participate in the MPCA's VIC program. The types of MPCA approval and written
liability assurance to be identified in the VIC program application depends on a variety of factors
including the planned use of the Property, the types and levels of contamination found at the
Property, and the need, if any, to implement a response action.
We recommend that the VIC program "R,equest for Assistance" form (application) include a request
for the MPCA to issue a No Association Determination. A No Association Determination will
ensure that the City will not be held liable for future cleanup action for acquiring the Property and
for actions that are not necessary to the Property for storage of street sweepings. The No
Association Determination would also limit future liability related to ongoing use and ownership of
the Property. Unless a groundwater investigation is conducted, the City would not be eligible to
receive other written assurances from the VIC program, including a Certificate of Completion.
We would also recommend requesting technical assistance from the MPCA, Voluntary Petroleum
Investigation and Cleanup (VPIC) program to receive the necessary approvals and liability
assurances under the Petroleum Act (a closure letter for e�sting tanks and petroleum
contaminated soil). This would also position the City to be eligible for Petrofund reimbursement, if
petroleum corrective actions are deemed necessary.
As part of the proposed scope of work, Barr will prepare and submit a VIC and a VPIC application
to the MPCA on behalf of the City.
�
Mr. Jim Danielson
September 10, 1996
F'age 7
Project Team
The project team will include the fallowing individuals. In addition, egperienced field personnel at
Barr will conduct most of the Supplemental Phase II invest�igaiion field activiiies, if necessary.
Jim Langseth, principal in charge, will be respansible for overall projeci management and work
authorization for Barr Engineering Company. Jim has 14 years of egperience in enviranmental
investigation and remediation and 15 yeaxs of water xesource management e�perience.
Ken Haberman, seniar environmentai scientist, will serve as tec�hnical regulatary expert. Ken will
be responsible for communications with the client and with the MPCA. He will a].sa complete the
VIC and VI'IC prvgram applications, review all submattals and take the lead in cammuxiications
and negatiations with the MPCA. Ken has 15 years of egperience in the areas of environmental
permitting, environmental review and planning, and hazardous waste investigation and
remediation. Until recently, he was responsible for management and staff supervision af the
MPCA's VIC program.
Sherry Van Duyn, seniar civil engineer, wiil serve as project manager and vrill be responsible far
preparation of the Phase I Site AssessmentlPhase II Site Chazacterization report and Supplemental
Phase II Investigation Work Flan and R,�sponse Action P1anlWasi;e Management Plan as necessary.
Sherry will be responsible for managing the team and coordina�ing wii;h the client. Sher.ry has 9
years af egperience in the areas of hazardaus wmste investigation, review of xemediation
alternatives, feasibility studies and remediation. She has experience in managing site
investigations and has prepared response actian plans for a variety af sites.
John Hunt, senior civi.l engineer, will serve as technical specialisi for adc3ressing petroleum
contaminated sail, if necessary. John has 5 years af e$perience managang site investigations and
remediation of petroleum contaminated water and soil and Petrofund xeimbursement. For the last
two and a half yeaxs, John has been the project manager far a site located in the City af IVIendota
Heights and is familiar with the City staff and lacal issues.
Carotytt Kahrs, geological engineer, will be primarily responsible far the update to the Phase I Siie
Assessment activities. Garolyn has 9 ysars of esperience in canducting preliminary and
comprehensive environmental-property assessments for commercial axa.d industrial properties.
Mr. Jim Danielson
September 10, 1996
Page 8
Jill Macioch, health and safety specialist, will be responsible for the update to the health and safety
plan during investigation work, if necessary. Jill has 6 years of egperience preparing and
implementing health and safety plans for a variety of sites.
Schedule
The attached figure shows the proposed schedule for completing the updated Phase I Site
Assessment/Phase II Site Characterization report, Supplemental Phase II Investigation Work Plan
(if necessary) and the VIC and VPIC program applications. If required, the schedule for
completing the Supplemental Phase II Investigation will be included in the Supplemental Phase II
Investigation Work Plan. The schedule for any subsequent work (e.g., Response Action Plan/Waste
Management Plan) will be provided when that work becomes necessary.
Barr will provide the City with a draft Phase UPhase II Site Characterization report showing any
identified source areas and recommend whether a Supplemental Phase II Investigation Work Plan
is necessary within two weeks from the start date. Assuming minimal revisions, a copy of the
updated Phase I Site Assessment/Phase II Site Characterization (and Supplemental Phase II
Investigation Work Plan, if necessary), and draf� VIC/VPIC program applications will be submitted
to the MPCA within 2 weeks after Barr receives the Cit�s comments on the draft report. This
report will be submitted to the VIC progra.m staff in a meeting that will be scheduled to fa.miliarize
the MI'CA with the Property and proposed development goals.
Once reviewed by the MPCA, comments will be incorporated into the report. Following MPCA
approval, any supplementary investigations can be conducted, if necessary. The Supplemental
Phase II Investigation report and the Response Action Plan/Waste Management Plan, if necessary,
can be submitted to the MPCA within appro�mately 6 weeks (assumes a one week review time by
the City). We will work closely with VIC progra.m staff to meet the Cit�s schedule.
Cost Estimate
The attached table summarizes estimated costs for completing the initial tasks and for project
management and meetings. The total estimated cost for this work is $12,115 (including the cost of
�
Mr. Jim Danielson
September 10, 1996
Page 9
the Supplemental Phase II Work Plan}, We prapase to complete the work on a timie-and-materials
basis and will not 9nvoice for more than $12,115 without priar approval.
The estimated costs are far work through submittal of the updated Phase I Site Assessmentl
Fhase II Site Characterization (and Supplemental Phase II Work Plan if necessary) and the
VICJVPiC program applications. Costs assaciated wiih project management include administrative
activitaes, communications with ths client to discuss and plan the work, and meetings which include
one meeting at Barr with the client and ane meeting with the MPCA
Preliminaxy cost estimates for investigation of the site if necessarq can be estimated at
approximately $5,000 to $l0,QQ0 for source area delineation, additional sampling far new source
areas, and sampling wastes for dispasal. This estimate assumes 2 samplers on site for 1 ta 2 days
with a geoprabe and collecting approximately 10 samples (analyzed for volatile and semivolatile �
arganic compounds, and metals). This preliminary estimate will be better defined at completion of
the Supplemental Phase II Work Plan, if necessary. From our pxeliminary review and discussion
with the MPCA it appears that there is petroleum and lead contaminated soil on site and various
waste materials including batteries.
Detailed estimated cos�.s for campleting the Supplemental Phase II Investigation wall be included
with the Supplemental Phase iI Inves�iga�ion Work Plan, and estimated costs far any subsequent
work {�.g,, Response Action PlanlWaste Management Plan) will be provided %f and when that work
becomes necessary.
Once again, thank you for the opportunity tg provide assistance. Please call eithex myself at
832-2648 or Jim Langseth at $32-2731.
Sincerely,
�_...---�
Ken rnaan
KH/dsd
Enclasure
41793-1
Agreement
This sectian of the letter propasmi sets farth the agreement between the Gity of Mendota Heights
(Glien�) and Barr xegarding coordination with the MPCA, preparation of the updated Phase I Site
Assessmenfi,lPhase II Site Characterization report {and Supplementai Phase II inves�igation Work
Plan if necessary), and management of the project (Project).
Barr agrees to provide professianai consuliing services {Services} far the Project:
1. Project management including communications with Client and MPCA staff, preparing
applica�ians far the MPCA VIC and VPIC programs, managing Aroject #`iles, and providirsg
averall coordinatian with Client.
2. Prepare a Phase I Site Assessu�entlPhase II Site Characterizati.on repori {and Supplemental
Phase II Investigation Work Plan, if necessary) that focuses on the recagnized
environmental conditions observed in the Preliminary Assessment and Screening Site
� Inspectian Ftepart and deiermines the presence of contaminated sail in the area af the
!� property which will be affected by development.
�
�
Barr will perform such Services in a mannsr consisient with prsvailing professional standards.
Barr will ,commence work on the Sexvices upon receipt of a copy of this letter signed by Client.
Barr shalI use its best efforts to complete the Services within 60 days of the couimencement of work
by Barr under this Agreement, unless changes are requested by the Client or delays are caused by
events beyond Barr's control.
Client shall pay Barr for the work performed an the Project in accardance with the Basis of
Fayment and Associated Rate Schedules attached to this letter. Barr reserves the right ta modify
the Basis of Payment and Assaciated Ra.te Schedules at any time. Barr shall natify Clien� of
changes in the Basis of Payment and Assoeiated Rate Schedules before such changes become
effective.
Fees and egpenses chargeable to Client for the Services shall not exceed $12,115 without Client's
prior consent.
Barr will bill for the Services approgimately on a monthly basis. Payment will be due within thirty
days if Client's receipt of Barr's invoice. �
This Agreement (and all `ts attachmen ) represents the enti.re understanding between us
xegarding the Froject an� supersede any prior agreements or representations, whether oral or
written, regarding the Services. Zius � eemant shall be governed by Minnesata law and may aniy
be modi�ied in written form signed by boi of us.
If this Agreement is satisfactary, please si the enclosed capy of this letter in the space provided,
and retuzn it tn us.
Sincerely,
: � � ! � • 1' •
../~
�:.�i��,,,,� _.��
!� . � /
Accepted this day of , 1996
City of Mendoia Heights
By,
I�s
Enclosures
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Estimate of Barr Engineering Gosts for Tasks Related to the
Upda#ed Phase I Site Assessment/Phase II Site Characterizatian (and Investiga#ion Work Plan)
of the McNei{ Property, Perran Raad, Mendota Heights, MN
Estimated S#aff Hours
Technicalt Heaith &
Principal in Regutatary Geologicat Project Safety Support
Charge Specialist Engineer Manager Specialist Staff Barr
Ac#ivity {�951tsr} {$85lhr} {$75JF�r} {�70Jhr} {�S51hr} {$45) Barr l.abor Barr F�cp. Snbta#al
Phase I 8ite Assessment /Phase II Site Gharacterization
Task 1- Acquire/Revisw Existing 1 8 2 2 $915 $100 $1,015
Data
Task 2- Idsntify data Gaps and 1 1 12 4 12 $1,900 $300 $2,200
Acquire 8upplemental
Environmental Data
Task 3- Prepare Report (includes 2 16 12 20 $3,110 $200 $3,310
VECNPIC Proc�ram Applioation}
Task 4- Supplemantal Phase II 1 4 4 20 8 12 �3,198 $200 $3,395
Investigatian Warit Plan {if
necessary-- includes health and
safery plan)
Project Management, 1 8 4 12 4 $2,095 �100 $2,195
Correspandence and Meetings
Tatals 3 16 44 50 8 50 $11,215 $900 $12,115
Od083WS141793-1\DSD
Schedule for Assessment Update and Supplemental Investigation (if Necessary)
McNeil Property, Perron Road
City of Mendota Heights
Mendota Heights, MN
Tasks weeks
0 1 2 3 4 5 6 7 8 9101112131415161718
Update Phase I Site Assessment/Phase II Site Characterization
Prepare VIC Application (1 Week City Review)
Meet with MPCA ♦
MPCA Reviews/Approves Report
Supplemental Phase II Investigation (if necessary)
Prepare Supplemental Phase II Investigation Report and Response
Action Plan/Waste Management Plan (1 week City review)
Submit to MPCA ♦
�
.4
t
686-0213 MAI�INA F`RE I GHT
�t�ve�nber l �, i 99Ci
,
3
�NITF,13
�
i
I
Mr. A1an Meehan
Pcesident
MAIVNA Fr�i�;hi Systems, Inc
90� Appllo Road
Ea�n, Minnesota 5512 t
_.����,��.
' •_
224 P01 NOV 15 '96 11:52
�
�a Facsimile: dl zl6ti�02.13
#
ItE; N�w FaczLrrY -- M�NDUTA ���Gii'i'S $tJS�NESS PARK
�
1 his is to advise you af United Propert�es' ap�cc�val of your reuised huitdirig eleva#ion plans,
dat�d November 4, Z 99b, shawing a revised four fc�ot by four foot �ccess daor pro�viding access
to the tower raof from a ct�d�-required ladder tor.atec� inside your warehause.
� � . �
C}ur ap�roval is cc�nditioned c�c� the falic�win�:
�
r -
i
fi
;
,
, i. The �cce�s dt�s and a�l hardwar�e wi2� be painted a-cotor, of colc�rs, tv mat�ch the
surrounc�ing wali areas.
2. The access door will bs strategicalty lc�cated behind a rooftop unit needed to heat
aitd Ccyot the t�ffit;e aze�. T�tis shquld St;reen the sigitt-iines from F,nterpri�e t7rive.
3 tt is my understandin� that no �cccss is b�ing pro�rided ta the upper roof
i'hatlk y0u f�r your �tttentian to this matter
. •:�y
i�ery t�uty yours, . r
; � .. . .
�
�.1--�—
, .
Dale 1 Glpwa -
Se�ior Vi�� !'resideat
�ev�topment �
�
ia1G/srh
r�,a, �
Gaod tuck with your project.
c� - George 8urkards, United Pr�periies
; Patrick kivtlistcc, City nf Mendc�t� i tei�;hts
1
CITY OF MENDOTA HEIGHTS
MEMO
ctober 22, 1996
�
TO: Mayor, City Council and City Admi s tor
1
FROM: Paul R. Berg, Code Enforcement Officer
!
SUBJECT: Mendota Plaza Shopping Center Sign Criteria
, � .
1NTRODUCTION
i
Paster Enterprises' shopping center development was approved by the City
Council as a Planned Unit Development. Not unlike other Planned Unit
Development approvals, a sign criteria policy was generated by Paster Enterprises
and approved by City Council (see attached amended 1995 sign criteria policy).
Paster Enterprises .wishes to amend the City Council approved sign criteria for the
Mendota Plaza Shopping Center. This document was last amended and approved
by� City Council in November of 1995.
�
DISCUSSION
{
�
The proposed amendment will provide for. tenant signage to be installed on
the back wall (south �side) of the shopping center. � Please see attached proposed
Item F, Back Wall Signage, which amends all of the items listed under Section B
(Exterior Signage) items 3 and 4.
, .
� Under the current sign policy signs are allowed only on the fascia of the
building. This fascia does not extend around the rear of the building. The
proposed amendments would allow signs to be mou�ted directly to the concrete
wall on the south side of the building. ��
Council needs to consider whether they desire to allow signs to be placed
outside'fascias at the Plaza.
: •uu ►�� �►
� I recommend that City Council review the proposed sign criteria
amendment. Baseti on City Council review and des'ire to have signage on the
,
south side of the shopping center determine whether to approve or deny Paster
Enterprises request.
� . . . . • .
ACTION REQUIRED
; �
�� If City Council. wishes to implement the proposed' sign criteria amendment it
sho�uld pass a motion approving the installation of signage on the south side of the
shopping center.
MENDOTA PLAZA
SHOPPING CENTER
NOVEMBER 1995
MENDOTA HEIGHTS, MN
SIGN CRITERIA
PASTER ENTERPRISES
EXHIBtT "D„
_
EXFLANATION
�
A. GENERAL
1. It is intended that the signing of the stores at the MENDOTA PLAZA
SHOPPING CENTER �shall be deveioped in an imaginative and varied
manner. The cr�teria herein belov+r set forth shal! govern.
� 2. Although previous and current sign�ng practices of the Tenant wif! be
� considered, they wiil not govern signs to be installed at MENDOTA
� '� � PLAZA SH4PPlNG CENTER.
? 3, Approval of store design drawings or working drawings and
� specifications for TenanYs leased premises does not constitute approval
f of any sign work, Landlord's written approval of Tenant's sign drawing
� and specifications including final placement af signage in respect to
� surrounding signage is required. Sign design must also be submitted to
€ the City and all other applicable permits (electricaq are the responsibility
� of the Tenant.
4. The #urnishing and instaltation of a sigc� and the casts i�curred sha}I be
the responsibility of the Tenant. Sign construction is to be completed in
compliance w�th the instruction contained within this brocE�ure,
5. Each Tenant w�lt be required to identify its premises by a sign.
fi. 1t is the Tenant's responsibility to provide primary service in the event
that adequate servic� is not in place. Final electricai hook-up is the
Tenant's responsibility and must be complet�d by a iicensed electrician.
EXHlBiT "D"
Page 1
DETAILS
B. EXTERIOR SIGNAGE
1. Tenant's signs shall be store identity signs only. The use of Tenant
logos will be permitted, if approved.
2. Tenants will be restricted to copy which will designate the Tenant's
proper name, product and/or service.
3. Tenants will be allocated an area on the exterior of the shopping center
for their signs. This area wili be part of a continuous fascia band 6'-0"
in height.
4. Tenant's sign shail be �estricted to an area on the exterior fascia band,
which shail not be higher than 1'-6" from the top edge of the fascia
band, and not lower than 1'-6" from the bottom edge of the fascia band.
tf ali caps are used, letters shail not exceed thirty-six inches (36"j in
height. if upper and lower case script is used, capitals may be thirty-two
inches (32") and the body of lower case may not exceed twenty inches
(20"). Ascenders and descenders of lower case letters may not exceed
a total of thirty-six inches (36") in height. Landlord to determine
minimum letter size.
5. The maximum length of Tenant's sign copy shalf not be nearer than
twenty-four inches (24") to the edge of Tenant's sign�area.
6. Letter styles of Tenant copy will be determined by the Tenant. Tenant's
sign copy must be individual illuminated neon letters and/or logos, the
face of which shall be cut out of transparent or opaque plastic. Color
shall be Red #2793 by Allied Plastics Inc. Letters shall be edged with
gold silvatrim or edgebrite. Returns are to be white.
7. The sign attachment devices must be non-corrosive and non-rusting
fasteners per details enclosed within this criteria.
8. All letters to bear the UL label in an inconspicuous location.
9. Each neon lit letter will be sealed around whole perimeter where such
letter comes in contact with sign fascia.
EXHIBIT "D"
Page 2
�
�
7 0. Each letter will aiso be tested for exclusion of water by the foUowing
methad: The letter shall be positioned as intended in service and ane i1)
ga!!on of water is to be poured in a continuous stream on or over each
part af the letter that is iikeiy to permit the entrance of water, such as
openings at the back o# each letter for housings, drainag� and openings
for ventilation. The water is to be poured stowty from a pait with the tip
af the pail held six inches (C"? above the letter, At conclusion of the test
the exterior of the sign is to be wiped dry and the interior examined for
water.
11. Written evidence of test results sha!! be subrnitted to the Landtord.
12. Landlord sha!! be permitted to instal! permanent accent lighting at the
sloped areas of the three t3} main entrance gables, including the
diamond inserts, �at no greater �ntensity than the accent lighting.
k
EXH1BiT "D" � '
Page 3
0
DETAILS
C. SUSPENDED UNDERCANOPY SIGNS
1. Tenants wiii be required to instail one (1) illuminated undercanopy sign.
2. All undercanopy signs are required to have a clearance of 8'-6" from the
existing sidewalk. The length of under canopy signs shall be 5'-0".
3. All sign attachment device must be non-corrosive materials. Electrical
connections are to be concealed within the sign cabinet.
D. FRONT DOOR SIGNAGE
1. Tenants will be required to identify their front entry door with their
address number in three inch (3") decals.
2. Number style is restricted to standard block, black reflective.
E. REAR DOOR SIGNAGE
, 1. Tenant will be allowed to identify their rear delivery door with their
� address number in three inch (3") decals.
� 2. Number style is restricted to standard block, black reflective.
0
EXHIBIT "D"
Page 4
r •
,
0
PROHIBITED SIGNS
�
F: The foilowing types of signs or sign components shall be PROHIBITED: �
t
� 1. Signs employing exposed raceways, ballast boxes or transformers.
j2. Moving or rotating signs.
1
j 3. Signs employing moving or flashing lights.
t
' 4. Illuminated sign cabinets with painted plastic faces or nonilluminated sign
; letters.
�
,
i 5. Signs empioying luminous, vacuum-formed type plastic letters.
6. Signs, letters, symbols or identification of any nature painted directiy on
� surface's exterior to the premises.
� 7. Signs employing unedged or uncapped plastic letters or letters with no
returns and exposed fasteners.
� I 8. Cloth, wood, paper or cardboard signs, stickers, decals or ainted si ns
P 9
; around or on exterior surfaces (doors and/or windows) of the premises.
I`
� 9. Free-standing signs.
. ( ' -
� 10. Rooftop signs.
' 11. Signs employing noise-making devices and components.
,
� 12. Signs exhibiti�g the names, stamps or decals of the sign manufacturer
� or installer.
EXHIBIT "D"
Page 5
n
1 -
(
0
SIGN APPROVALS
G. Procedures for obtaining approvals for sign drawings:
1. Prior to the commencement of construction of any sign, Tenant shall
submit drawings and specification for the proposed sign work. Four (4)
sets of drawings will be required by Landlord. The drawings shall clearly
show the location of sign on fascia of building, graphics, color and
construction and attachment details.
2. Landlord shall return one (1) set of the sign drawings as soon as possible
to the Tenant. The drawings will either be marked "Approved as Noted"
or "Disapproved". Sign drawings that have been disapproved are to be
redesigned and resubmitted to Landlord for approval within seven (7)
days of receipt by Tenant.
EXHIBIT "D"
Page 6
< : �
QCT-18-199b 09-24 PASTER EN'i'ERPRISES 612 646 13E]9 P.01i0].
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D�vLLc�PN1ENTt'+.Nll 1�tANAGEMEN'1' U!" SFipPPING CEv'f'[.;C:�;
2337 Uai�+ersity A�•c. • St. Pud. i�1N SSI 1-1-1677 • C,f2•6�6-79p1 - C:�.� 6l'_-�,�r� I,:•;.,
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C�NTR'AL PLAZ�
45tEi & Cei�ua! AYr. N,E.
MinncZpulis, Minncsata
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CRYSTAL SHOP�'IivG GEN'FER
Ba.s:s Lake Rcaacl & Wcsc Broadway
Grystat, Minncsata
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DODDWAY SHOPPING CENTER
Smith & Dodd R�sd
Wcs� S�. Paul, Minncsata
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I,.�XINGTON PL.aZA SHUF'PES
Lcxin�tan 8: Larpcntcur
Roscviiic. M3n�zcsata
MENDOTA PLAZA
Swlc ! Iwy. I 10 & D��dd 12oad
Mcndcn� HCi�h�s, Minacsota
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MOUNDSVIEW SQUAR�
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OUR TELEPHt3NE NUMBER:
(612} C46-7901
QUR FAX lVUMgER:
{61 Zj 646-7 389
DATE: �d �' r� ' �o TlN1E:
NUl11[BER O� PAGES: �-
T0:
COMPANY:
�RON[:
COMIVIENT�:
I/ � j
Gf-Ty a� w►�D�t h�,�i�11�
c� 1 � �U��;sc�n�
1N� GJ�G.� L1t�'� 7Z�
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�. �
' Add Item F.
� 7'�f�. s /��J ca21%�
Rack Wali Signage.
+� )
All of the items fisted und�r section B. (Exterior Signage}, of this criteria shail be
applied to the back wall except items 3 and 4, Items 3 and 4 shall be ct�anged as
fotlows:
3. Tenants wil[ be alEocated an area on the exter€o� back wall af the shopping
center for their signs.
4. 7enant signs are to be centered between the top of the wall and the top af
the gainted stripe. If ail caps are used, letters sF�a11 nat ex�eed thirty-six
inches (36") in height.
,
. ,
SnUTHvTEW SHOPPING GENTEC�
'UlhV1CW $lY(�. tQL i3(t2 A!'G. $
� Sauth Sc Paul. Nttnnasocs
1
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vv.•� �rw..a..... ....� �..w rr�wraurrw(�� nY!!lK4� y,yuu are nar rae narrtea rectp'ferrrvres
agent �esparuible for dePiver6tg ie !o the ncn�eQ retipient, you are hereby ad�ised lhal you have
receiv�rt ihIs dvcu�neat ir� error. Reviewing, capying ar discussLcg the eaatents of thtt �.
earnmr.ni,calian irstrictly p�ohibi[ed. Plr�rss nol� us Lrtnredialely by telephoae aied r+etu� tJte •
ariginal documentc m us by malL 17utak you.
TC]TAL P.01
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QEXTERIOR SIGNAGE
1.
2.
�PbSG a . ��
� d� .A �jJ O�iO
��� 9�
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5.
�
DETAILS
Tenant's signs shall be store identity signs only. The use of Tenant
logos will be permitted, if approved.
Tenants will be restricted to copy which will designate the Tenant's
proper name, product and/or service.
Tenants will be aliocated an area on the exterior of the shopping center
for their signs. This area wiil be part of a continuous fascia band 6'-0"
in height.
Tenant's sign shall be restricted to an area on the exterior fascia band,
which shall not be higher than 1'-6" from the top edge of the fascia
band, and not lower than 1'-6" from the bottom edge of the fascia band.
If all caps are used, letters shall not exceed thirty-six inches (36") in
height. If upper and lower case script is used, capitals may be thirty-two
inches (32") and the body of lower case may not exceed twenty inches
(20"). Ascenders and descenders of lower case letters may not exceed
a total• of thirty-six inches (36") in height. Landlord to determine
minimum letter size.
The maximum length of Tenant's sign copy shall not be nearer than
twenty-four inches (24") to the edge of Tenant's sign�area. �
6. � Letter styles of Tenant copy will be determined by the Tenant. Tenant's
sign copy must be individual illuminated neon letters and/or logos, the
face of which shall be cut out of transparent or opaque plastic. Color
shall be Red #2793 by Allied Plastics Inc. Letters shall be edged with
gold silvatrim or edgebrite. Returns are to be white.
7.
The sign attachment devices must be non-corrosive and non-rusting
fasteners per details enclosed within this criteria.
All letters to bear the UL label in an inconspicuous location.
9. Each neon lit letter will be sealed around whole perimeter where such
letter comes in contact with sign fascia.
EXHIBIT "D"
Page 2
m
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�
CITY OF MENDOTA HEIGHTS
MEMta
Qctober 21, 199�
TO. Mayor, City Council and Citjr Admi i ar
'• ' :- • ••- s i � �'�
SUBJECT: Sign Permit Application - Mendota Ptaza - 75ti Highway 11 t?
1 : a � s �
SignArt Company, inc. has submitted drawings and a sign permit appiication
for a sign permit for Dr. Paul Witd Family Dentistry to install a sign o� the south
side of the Mendota Mall.
w � � • 1
A sign permit had been approved by Councii and issued by staff far a
twenty-seven square foot sign for Dr. Wild on the north side of #he building on the
provided sign band on April 19, 1994 (see attached drawings). Now a second
sign is requesfied for the south side of the buiiding. The proposed sign will contain
22.66 square feet of signage and will simply state Dentist. (see attached). Dr.
Wild wishes to instail the second sign to attract business from fihe senior high-rise
building naw under construction.
The proposed sign will meet the requirements of Paster's propased sign
criteria amendments which is also befare City Council for review and approval.
: •t11! l �� •1
Staff recommends the approvat of the requested sign permit subject to City
Council review and approval of Paster's proposed sign criteria amendments and
the proposed sign.
��l��L� i i f i �
i# City Council wishes to imptement the above recommendation, a motian
should be passed approving the requssted 22.66 square foot sign ta be installed
an the south side of the Mendota Ptaza building and authorization for staff to issue
the requested permit. .
[ ` �
APR 05 ' 94 11 � 25 SIGf�RRT= ST. PAUL
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October 25, 1996
TO: Ma or Ci Council and Ci Admini����6r
Y , n' �'
FROM: Patrick C. Hollister, Administrative A.ssistant
SUBJECT: Wetlands Permit and Conditional Use Permit
for the City of Mendota Heights
Case No. 96-32
Discussion
At the October 22, 1996 meeting of the Planning Commission, 7im Danielsan presented
the City's request far appraval af a Wetiands Permit and a Canditionai Use Permit far
Land Reclamation to allow the City to improve the pedestrian/cyclist crossing at the
southeast carner ofthe irttersectian af Highway 110 and I�'iighway 149. The City plans to
fi11 an area approximately 40 feet wide on the east side of 149 to construct a right turn
Iane, a s�-foat wide baulevaxd and an eight-foat wide pedestrian path. The existing starm
sewer pipe will be e�rtended to handle the water runoff, and 4000 cubic yards of fill will be
needed for the project.
Please see the attached materials accompanying the application, including the report from
our Planner.
Recommendation
At the Planning Commissian's regularly scheduled meeting on Ocfiober 22, 1996,
Commissioner Betlej moved ta recommend that the City Cauncil grant the requested
Wetlands Pernut and Conditional Use Permit for Land Reclamatian. Gorrunissianer Friel
seconded the rnotian. The motion passed an a 6-0 vote with one rnember absent.
Action Required
If the Cauncil wishes to follow the Planning Commission's recomrnendation, the Council
should pass the attached Resolution 96-_: A RESQLUTIQN GR.��NTING A
WETLANDS PERMIT AND A CONDITIONAL USE PERMIT FOR LAND
RECLAMATIQN TO T'F� CITY QF MENDC}TA HEIGHTS.
`
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESOLUTION GRANTING A WETLANDS PERMIT
AND A CONDTI'IONAL USE PERNIIT FOR LAND RECLAMATION
TO THE CTTY OF MENDOTA HEIGHTS
WHEREAS, The City of Mendota Heights has requested approval of a Wetlands
Permit and a Conditional Use Permit for Land Reclamation to a11ow the City to improve
the pedestrian/cyclist crossing at the southeast corner of the intersection of Highway 110
and Highway 149, as proposed on plans on file in Planning Case No. 96-32; and
WHEREAS, The Planning Commission of the City of Mendota Heights held a
public hearing on this application at their October 22, 1996 meeting; and
WHEI�EAS, The Planning Commission voted 6-0 (with one member absent) on
October 22, 1996 to recommend that the City Council approve this request,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that the requested Wetlands Pemut and a Conditional Use
Pernut for Land Reclamation to allow the City to improve the pedestrian/cyclist crossing
at the southeast comer of the intersection of H'ighway 110 and Highway 149, as proposed
on plans on file in Planning Case No. 96-32 is hereby granted.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that the requested Wetlands Permit and a Conditional Use Permit for Land
Reclamation to allow the City to improve the pedestrian/cyclist crossing at the southeast
corner of the intersection of H'ighway 110 and Highway 149, as proposed on plans on file
in Planning Case No. 96-32 will have no adverse impact on the health, safety and general
welfare of the citizens of the community and the surrounding land and that said proposed
improvements are not adverse to the general purpose and intent of the Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
this Sth day of November, 1996.
ATTEST:
:
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
:
Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor
♦
�
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447-4739
Telephone Engineers
612/476-6010 Planners
612/476-8532 FAX Surveyors
M E M O R A N D U M REVISED 10-17-96
TO: Planning Commissioners of Mendota Heights
FROM: Meg J. McMonigal, City Planner�/�/�
DATE: October 14, 1996
MEETING DATE:
October 22, 1996
Wetland Permit and Conditional Use Permit for Land Reclamation
APPLICANT: City of Mendota Heights (Guy Kullander)
LOCATION: Southeast corner of Highways #110 and #149
ZONING: B-4, Shopping Center District
MATERIALS
REVIEWED:
1. Application for consideration of a Planning Request,
signed and dated September 17, 1996.
2. Letter from Guy Kullander, City Engineering Department,
dated September 17, 1996.
3. Five (5) maps showing location, topography, proposed fill
area and site restoration, cross section, adjacent drainage-
way.
Aescri tin on OfRequest
The City of Mendota Heights requests approval of a Wetlands Permit and a Conditional Use
� Permit for land reclamation to allow the city to improve the pedestrian/cyclist crossing in the
southeast corner of the intersecdon of Highways #110 and #149. The City proposes to fill an
area of approximately 40 feet wide on the east side of Highway #149 to construct a right turn
land, a six (6) foot wide boulevard and an eight (8) foot wide pedestrian path. The existing storm
sewer pipe will be extended to handle the water runoff; 4,000 cubic yards of fill will be needed
i for the project.
An Equal Opportunity Employer
e
City of Mendota Heights Planning Commission REVISED
City of Mendota Heights Wetland Permit 10-17-96
October 22,1996
Page 2
Background In ormation .
The staff inet with the applicant and visited the site. Cunently this is a steep area that drops off
between the highway and the McDonald's pazking lot at a 1 and 1/2:1 slope. The drainage area
flows east and south into a pond and drainageway. Extending the storm sewer pipe and filling
this area will allow the area to blend with McDonald's parking lot.
Wetland Permit Review
The purpose of the Wetland System Ordinance and required Wetlands Permit is to provide an
opportunity for the protection and preservation of water resources within the City. The wetland
adjacent to the property is identified as an perennial pond with an elevation of 850. Section 7 of
the Wetland Systems Ordinance outlines twenty-three standards to be reviewed prior to issuance
of a Wetland Permit (attached).
Filling this area will not significantly impact the wetland. The extended pipe accepts water
discharged from the wetland area to the east. The water is then carried under the Highway
#149/#110 intersection to the north and west. The 72" pipe will be protected from erosion by
riprap at the apron/inlet. The azea will be covered with an erosion control blanket that contains
grass seed. This blanket will sta.bilize the soils and establish grass on the disturbed area. Silt
fence will be constructed around the drainage area to protect the wetland from the grading that
will occur on the site.
Conditional Use Permit Review
A Conditional Use Permit (CUP) is required under Section 4.12 Land Reclamation of the Zoning
Ordinance. Any time over 400 cubic yazds of fill is to be deposited, in any zoning district, a
CUP is required. The ordinance requires a finished grade plan showing that the filling and
grading project will not adversely affect the adjacent land. The ordinance also allows conditions
to regulate the type of fill perxnitted, and controls for rodents, fire, ingress and egress and dust.
The fill will come from the Dakota. County HRA site and is a clean mix of sand and clay. The
contractor will use Highway .#149 for hauling and filling, and will be responsible for street
sweeping and dust control per standazd contract language.
�,�'f Recommendation:
The City Planner supports the Wetland Permit request. With the proposed construction project,
the natural drainage pattern in the area will not be disturbed, and there will be minimal impact to
the pond and stream azea. The Wetland Pernut should include the condition that the erosion
control measures as shown on the plans including silt fence, riprap and erosion control blanket be
utilized in the project.
The City Planner also supports the Conditional Use Permit for Land Reclamation as proposed.
��
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING
October 2, 1996
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the Planning Commission of Mendota Heights
will be meeting at 7:45 p.m., or as soon as possible thereafter, on Tuesday,
October 22, 1996, in the City Hall Council Chambers, 1101 Victoria Curve,
Mendota Heights, Minnesota to consider an application from the City of Mendota
Heights for a Wetlands Permit and Conditional Use Permit for Land Recla[uation
which would allow the installation of a storm sewer pipe to facilitate the widening
of a righ�-turn land and misceflaneous safety improvements on the following
described property:
The southeast quadrant of the intersection of TH No. 110 and Dodd Road
(TH No. 149).
This notice is pursuant to City of Mendota Heights Wetlands Ordinance No.
402 and Mendota Heights Zoning Ordinance No. 401. Such persons as desire to
be heard with reference to the request for a Wetlands Permit and Conditional Use
Permit for Land Reclamation will be heard at this meeting.
Kathleen M. Swanson
City Clerk
Auxiliary aids for persons with disabilities are available upon request at least
120 hours in advance. If a �otice of less than 120 hours is received, the
C"rty 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.
'� �
�
��1t3T O�
.�,, , 1��.end+�ta Height�
September 18, 1996
Planning Commissioners
City of Mendvta. Heights
1101 Victoria Curve
Mendota Iieights,l4B.�T 55118
. -,' � � ' _, � • M � ' ► Ir , __ I�[
� �
f' . I� a i t 1 11 i I. �` i
Project Name: Safety Impmvements on Dadd Road at Highway 110
The intent of this project, ordered by the Mendata Heights City Council, is to pmvide a
safer pedestrian and bicycle crossing of State Tnufk Highway il� on Dodd Road (State Txuck
Highway 149) by the consriuctian of a separated eight faot wide bituminous trail. To
accomplish this the existing 72" crass culvert under #he highway intersection must be extended
approximately sixty (60} feet to the east and fill material pla.ced over the pipe to extend the
easterly madway shoulder af Dodd Road and south side of Highway 11�. The tr�il and a
dedicated right turn lane will be constructed on this fill material. Pstimates place the number
of cubic yards of fill inecess�ary at 4,OOQ cubic yards. P.xcess fili material from the Senior
Hausing project was sa.ved and stackp�ed to be used on this project.
A combination' of City and State highway monies will be used to fund this
improvement.
The pmposed trail improvements wi11 extend fram �viendakata Park on the sauth to
Freeway Road on the north. Most of the wark will occur within highway right-of-ways or an
easements obtained from the landawners alang the propased txail.
1141 Vietoria Curve • 1Viendota Heights, 1ViN • v5118 452 • 1$54
i
. � � � � l��y o�
.,,, ,� 1��endata Hei�h�s
A.PPLICATION FOR CONSIDERATION
G1F
PLANNING REQUEST
Case No. �
Date af Application
Fee Paid
App2icantName• Kullander, Guy D PH: 452-'i 850
.. � y (Last) (F'�rst)� (N�
Address: 1101 Vic�csria Curve Mendota Heights, Minn 55118
{Number & Street} (CitY) (State} {ZiP}
OwnerNazne: Ci�y af Mendota Heights
(Last} CF'ust7 t�
�,���; 3101 Victoria Curve Mendota Heights, Minn 551'18
(Number & Street) (City) (State) (Zip)
StreetLocationafPropertyinQuestion: Southea�t Quadrant Hwy 110 at Hwy 149 {Dadd Rd)
LegaiDescrip#ionofProgerty MnDOT ROW of Hwy 110 & Hwy 149
Type of Request:
Rezoning Vaziance
Camdifional Use Permit Subdivision Approva�
Conditionai Use Permit for P.0 D, XXX w���� Permit
Plan Approval XXX p��r (attach explanation)
Comprehensive Plan Amendment F z�� p�rmi t f or 4, 0 fl 0 CuYds
Applicable C�ty Qrdinance Number Section
PreseniZar�ingof•Pmpert3r B-4 PresentUse Drainage way
Proposed Zoning of Pmperty .; NA Proposed Use Drainage wa�
I hereby declare that alx s'tatements made� in this. request and an the ad 'tianal
materia� are true. . L��X
fSignature af A 'c.ant}
. �� ������
�
�x���ea by - ��e) � .
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452• 1$v0
. � C ity o�
.�., , 1Viendota Heights
September 17, 1996
Request for Wetlands Permit from City of Mendota. Hei�hts
1. Fee. I respectfully request a waiver of all fees in the processing of this application.
2. Application form. Attached.
3. Intent. See attached letter.
4. No signatures obtained - published notice of project.
5. City of Mendota Heights
6. See attached Drawing #1, Proposed Project Site. ,
7. See letter of intent and Drawing #4.
8. No soil survey map is included in this application. All fill materials used on this
� project will come from excess soil from the HItA Senior Housing Project.
9. See attached Map ��{2 for topographic conditions at this site.
10. See Drawing #3 for the proposed trail design at this' location. ,
11. See Drawing #5 Structures around project site.
12. See Drawing.#5 Location of existing drainageway and,wetland to east/south.
13. Work proposed for spring/summer 1997.
14. Use of silt fence� during. construetion and an erosion control "blanket" in seeded slope
areas after fill material has been installed.
�
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
� C ity o�
.,.. , 1Viendota Heights
September 18, 1996
'�R�nest for Conditional Use Permit
a. Fee. I respectfully request a wavier of all fees in the processing of this application.
b. Attached.
c. Intent. See Attached.
d. No abstract has bean provided - Published noti,c,e of project.
Site Development Plan Information
1. Location drawing - See drawing #2 for topographic contours and existing buildings
2. See drawing #2 . . .
3. Not applicable
4. Not applicable
5. Not applicable �
6. Not applicable
7. Utilities. See drawing #3
8. Not applicable
9. Work is being done in MnDOT right-of way by permit. See drawing #6
Dimensian Plan
m
Not applicable
Grading Plan
1. P.xisting contours are shown on drawing #7
2. See drawing #4 - No elevations given, available if necessary
3. See drawing #6 - Drainage
4. See drawing #6 - Storm sewer plan � '
5. Not included �
6. See drawing #4 - Streedtrail profile
Landscape Plan
None provided. Only scrub xrees will be removed and site will be reestablished with turf.
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
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�
, e�sting drainage easement. The City is currently acquiring additional constructian
easements. The quantity of fill is approximately 4,000 cubic yards on .25 acres.
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Octoher 30, 1996
To: Mayorwand Gity Council
.,
From; Kevin Batchelder, City A r
Subject: AMM's 1997 Proposed Legislative Policy Pmgram
The Associatipn of Metrogolitan Municipalities (AMM) is hosting their annual policy
adoption meeting on November 14, 1996 to consider the 199'7 F�aposed Legislative Folicy
Program. Attached you will find a dra�ft 1997 Palicies and Legislative Proposals document for
your review. (Please see attached Ietter and policy document.}
The AMM is asking that each member City Council review these paliczes for action at
the annual policy adoption meeting. In addition, the AIVIlVI is asking that each city identify
which aze their top five priority palicies. Attached is an AMM Palicy Committ�e Priariti.es
which identifies the priority topics chasen by each of the five policy committees that have
worked this Summer to draft the policy document. Tbe Cammitl;ees are Revenue, General
Legislation, Housing and P,conomic I�evelopment, Metropolitan Agencies an:d Transpoitation.
City Council will be interested in Transportation Policy V-K which supports the recent
efforts of the MSP Mitigation Committee. The Metropolitan Agencies Committee listed policy
N-D-S, Local P1an Implementation as a priority. This policy was proposed by Mendota
Heights to support the Planning Commission's efforts to address the issne of whether the
Zaning Ordinance or the Comprehensive Plan shauld prevail under the 1995 Niinnesota. Land
Planning Act. .
City Council should consider.which�five palicies in this document are our priorities and
whether we should comment on any other palicies at the annual policy adaption meeting.
Council members' should indicate whether they plan on attending the Policy Adoption Meeting
on November 14, � 1996� so that reservatians may be made. '
ACTION F:EQZTIR��D
Consider.the A1VIM's draft I991 Polieies arid Legislati.ve �Propasals �and pravide
direction ta staff' on Mendota Heights five priority policies and the adoption of this proposed
slate of policies and legislative actian.
�'
:�
�� �
As�ociation o�
Metropoli�an
Municipalities
october 1996
Dear .AMM znember local officials:
..w }
: `���
Attached are the recommendations for the 1997 legisl.ative policy gragram from ihe AMM's four
standing committees. Please review the policies with your city council for action at the member-
ship meeting scheduled for Thursday, November 14 at the Ramada Inn an the East Side of St.
Paul. A notice on the specifics of the meeti.ng will follow.
The AMM Boazd of Directors has reviewed the attached policies and recommends full
membership adoption as amended by. the two changes iisted belaw. -� �
Insert a new paiicy between IIi-B-S and iIi-B-b on page 27
III-B-n TIF STATE AGENCY I7ISPUTE RESOLUTION
The State Auditor's office is preparing an in-depth audit funcfiion af TIF
projects. It appears #hat projects may be held to standards beyond thase in law
at fhe time of snitialization causing cities to spend valuable time and resaurces
for jusrification. Theze is no appeal. process. � .
A mechanism shouid be developed to resoive dispu�es or differences af
opinion between state agencies and cities, including interpretation of the
law, arising from TIF project audits.
2. Policy VK AIRPORT N4ISE MITIGATI4N. The first sentence on page 57 is amended
to read: Enhanced mitigatian programs shauld be provided through state and
MAC funds for areas impacted by airport aehviiy, and areas beyond the
current 60 DNL cantour lines. '
Please review the policies listed on the back of this memo and number your top five priorities,
with 1 being the highest and S the lowest. Bring your priorities to the Policy Adoption Meeting,
or mail, fax or E-mail yaur responses to the AMM office. Your participation is important
because the palicy priorities heip determine how staff time and resources are allocated.
Sin y,
om gan.
President, AM
Over...
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AMM POLICY COMMITTEE PRIORITIES (1997�
Please review this list and indicate your top five priority policies,
numbering them from 9-5. (9 = highest priority; .5 = lowest priority)
�
REVENUE � � �,,,:r �
� �s
� �,r,,.4-, '
� I-A-2 Oppose Valuation or Operation Freezes Cv
� I-B Property Tax Reform Principles � �
I-C Aid Program Continuation
I-F Local Performance Aid (oppose)
GENERAL LEGISLATION
� II-A Oppose Reduction of Local Authority
II-G Public R.ight of Way
II-H PermitApprovalTimeline
HOUSING & ECONOMIC DEVELOPMENT
III-A-S State Housing Policy & Financial Assistance
III-A-6 Metropolitan Housing Policy
III-B-4-7 Tax Increment Finance (TIF)
III-B-10 Building Permit Fee
METROPOLITAN AGENCIES
IV-D-1 , Coordination of Local & Regional Plans .
D-3 Growth Management Strategy
�> � D-5 Local Plan Implementation
I Local Govemance Examination
TRANSPORTATION
V-A Transportation Funding
V-B Regional Transit System
V-D Transportation Utility
,
y
OTHER:
2 V�I� -
�rnof'f` N�►Sre (N�t �-c.c,�.-(—tor
Please bring your responses to the November 14 membership meeting.
You may also Mail (145 University Avenue W., St. Paul, MN 55903),
Fax (281-1299) or E-mail (AsocMetMun@aol com) your responses.
�
�
�
�� �
Assotiation of
Metropoiitan
Municipaiities
�
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OGf. 21, 9g96
li'�IP.�'�`/I
y�/�►e�► Thursday, Nov. 14, 1996
���l�►'� Ramada Hotel
1870 41d Hudson Road
St. Paul, Minnesota 55'! 19-4377
P�'/�E �2�
Social Hour (Ramsey Room) .................................................. 5:30-6:30 p.m.
(Cash Bar)
Buffet Dinner (Ramsey Roomj ............................................... 6:30-?:30 p.m.
(Roast Top Sir�ain of Beef, Turkey & Dr�ssing)
Business Meeting ................:........................................................ 7:30 p.m.
�
��
�
Cur# Johnsan, chair af the Metropalitan Cauncil, wi(( be the speaker at the
meeting. He will discuss the Council's Grawth Optians pian.
AMM policy adoption is #he keystone for our 1997 legislative program, so we
encourage cities fo send more than one represen#afive to contribute to the
discussior►. Spouses and gues#s are welcame!
Place dinner reservations with Laurie Jennings (215-4000) na later than
Friday, Nov. $. Please channei ali reservations through your affice af.city
manageNadministrator. Your city will be bil(ed. lf you choase ta pay in
advance, checks may be made payable to AMM. Gity officials attertding
the 7:30 p.m, business meeting on/y do not need reservations. �
Y
C
Map and Agenda an reverse.
Guests are welcome.
B usin ess Agen da
� 1. Call to order.
2. , , Welcome. � . ,
3. Speaker. (Curt Johnson, Metropolitan Council)
4. Adoption of 1997 Legislative Policy Program.
(Copies were mailed to your city manager/administrator on Oct. 14)
5. Discuss/Establish 1997 Legislative Priorities.
6. Other Business.
7. Announcements. � .
8. Adjournment.
0
�-694
Hwy. 36
w
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M
I-94
N
494
Directions
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� Old Hudson Rd.
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Ramada Hotel
(NE comer of I-94 and White Bear
Avenue Interchange.)
1870 Old Hudson Road
St. Paul, Minnesota 55119-4377
(612) 735-2333
1. Exit I-94 at White Bear Avenue.
2. Go one block north to Old Hudson Rd.
;
3. Turn east to reach hotel.
This notice was mailed to all AMM member mayors, �
manager/administrators and councilmembers.
."" �r: {e i - � � ���; r '� a ;� "��t '��'�F+�� r v r _.•r .+t -�.
- 1�;� ti�@F �" ��`'�«� � u�'t,��4. ri 1''�. � * �ate s.�rwi!y�,^,o.:�Fi xA�''. �� C{a a1„�:�,�� R"-
� � � ' � ' � � / � � � �
��6. Poli Ado tion Con ere;nce
�
. �
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�.:: ;:... o�_..,:�::. .. h�
� ��e • �"�Cit�es.,�
I.ea �esota„
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With the legislative session just
around the corner, city officials
won't want to miss the 1996
LMC Policy Adoption Confer-
ence.
Join the League and your ciry
colleagues for an informative
discussion of:
� What's ahead for the 1997
legislative session
• Issues affecting property tax
reform
• Managing public rights of way
• Flectric deregulation
• Devolution
• Tax Increment Financing
.....and more
Plan now to send a city repre-
sentative to cast your ciry's vote
on the League's 1997 Legislative
Policies.
/
I.eague of MinnesoEa Cifies
Citiee yromotin.y exce%�ence
Page 6
Friday, November 22, 1996
Ra.mada Plaza Hotel
Minnetonka
Preliminary Program
8 a.m. Registration
8:45 a.m. Welcome
Blaine Hill, LMC Fresident and Clerk-� re�csurer, Breckenridge
1997 Legislative Predictions
Legislative panelists to be announced
9:45 a.m. Why K 12 Funding Could Af'fect Your City Budget
Gary Carlson, Director of Inlergovernment¢l Relalions,
I.e¢gue of Minnesola Cities
10:30 a.m. Break
10:45 a.m. Managing the Rights of Way: What's At Stake
A discussion between industry representatives and city officials.
Speakers to be announced.
11:30 a.m. Electric Deregulation: What's On the Horizon ... and
How Close Is It?
Jack Kegel, Executive Director, Minnesota Municipal
Ulilities Association
12 noon Lunch
The Oudook for City Legislative Priorities
Senator Steve Novak
1:45 p.m. Temporary Economic Assistance, Jobs and Training:
The New Realities for Cities After Welfare Reform
Kevin Kelliher, Commissioner, Houston County; P�esident,
Association of Minnesota Counties*
2:15 p.m.
2:45 p.m.
3 p.m. -
4 p.m.
PeterMcl.aughlin, Chairntan, Hennepin Coun�y Board
ojCommissioners*
But Not For TIF! Creating Local Economies
Gene Ranieri, Director of Governmental Affairs, PuGlicor�, Inc. *
Break
Policy Adoption
* Speakers invited.
LMC Cities Bulletin
�
�
CITY OF MENDOTA HEIGHTS
MEMO
October 31, 1996
�
TO: Mayor, City Council, City Adm � or
FROM: Kathleen M. Swanson �
City Clerk
SUBJECT: Adjournment to Canvassing Boazd Meeting
INFORMATION
City Council has scheduled the Election Canvassing Board meeting for 5:00 p.m.
tomorrow afternoon, November 6. The meeting will be conducted in the small conference room
at City Hall. A canvass of city election results will be prepared tomorrow for your discussion at
the meeting.
ACTION REOUIRED
At the close of the November 5 meeting, Council should pass a motion to adjourn the
meeting to Wednesday, November 6 at 5:00 p.m. for the purpose of conducting an Election
Canvassing Board meeting.
�
�
s
CITY OF MENDOTA HEIGHTS
MEMO
TO: Mayor, City Council, City Administrator
FROM: Kathleen M. Swanson
City Clerk
SUBJECT: Canvass of City Election Results
DISCUSSION
November 6, 1996
The results of the November 5, 1996 City Election have been compiled and are attached,
along with statistical information which may be of interest to Council. Voter turnout was
excellent, resulting in long lines at several of the polling places much of the da.y. Mendota.
Heights voters, as usual, gave a strong showing compazed to the state-wide average. Even after
factoring in election day registrations, our overall average voter turn-out of 81.87% far exceeded
the 69% state average. Using the number of voters who were pre-registered at 7:00 a.m. on
election day, our 88.8% turn-out is outstanding. It is my observation that this is much closer to
an actual percentage. It is likely that, given the number of new housing starts since the last
�� election, a large majority of the 650 people who registered to vote yesterday are actually
replacing people who have moved but not re-registered in another community since 1994.
RECOMMENDATION
As the Canvassing Board, Council should accept the results of the casting and canvass of
votes presented in the attached "1996 City Election Results" form.
ACTION REOUIRED
Council should accept the election results as presented and pass a motion to find that
Charles E. Mertensotto is elected Mayor for a two-year term and John Huber and Sandra
Krebsbach are elected to four-year terms on the City Council.
� ;
- +�� ayar
Mertensotto
Povolny
Bzuhn
Wriie-In
Overvates
Undervates
Defective
Total
Councilmember
Huber
Krebsbach
Schneeman
Write-In
Overvates
Undervates
Defective
Totai
i
1996 CITY ELECTION RESULTS
Precinct ]. Pxecinct 2 Precinct 3 Precinct 4 Precinct 5
1,017 787 503 733 829
346 319 269 306 3Q5
242 124 102 141 133
� �o � � s
2 0 1 0 1
244 1�6 86 72 127
1 0 0 0 0
1,812 i,386 g61 1,256 1,4U4
Precinct 1 Precinct_2 Precinct 3 Precinct 4 Precinct 5
964 699 474 7'73 763
730 653 512 621 697
777 S96 376 447 S82
l.0 9 11 3.2 5
0 0 o a o
1,141 $15 Sbl b5'7 7b1
2 0 0 0 0
Total
3,869
1,545
742
33
4
b31
1
Tatal
3,673
3,213
2,77$
41
z
3,935
7:00 a.m. Registrations
Elect. Day Registrations
Total Registration
Ballots Cast Per Precinct
%Voter Turn-out
7:00 a.m. Registration
�'oter Turn-out after
including Election Day
1996 GENERAL ELECTION STATISTICS
Precinct 1 Precinct 2 Precinct 3 Precinct 4 Precinct 5
2,037 1,552 1,087 1,440 1,570
152 125 105 Z 1�0
2,189 1,677 1,192 1,518 1,760
1,812 1,386 967 1,256 1,404
88.95% 89.30% 88.96% 87.22% 89.43%
82.78% 82.65% 81.12% 82.74% 79.77%
Total
7,686
650
8,336
6,825
88.80%
81.87%
�
CITY OF MINDOTA HEIGHTS
�� �
To: Mayor and City Council
From: Kevin Batchelder, City Ad '
November 1, 1996
Subject: Closed Council Session to Discuss Labor Negotiations
DISCUSSION
Contract negotiation meetings have been held with both the Law Enforcement Labor
Services, Inc. (LELS) and the Teamsters Local No. 320. These meetings initiated discussions
about new labor contracts for both the Police and Public Works bargaining units. The current,
two year contracts expire on December 31, 1996. A strategy session with the Council is
requested following our November 5, 1996,meeting to discuss the progress of the labor
negotiations. A tentative settlement agreement with the public works group needs to he
reviewed by City Council and an update on the LELS discussions will be presented.
RECOMIV�NDATION
Minnesota 5tatutes 471.705 allows Council to, by m�jority vote of the Council, hold a
closed meeting to consider strategy for labor negotiations, �ncluding discussions of labor
negotiation proposals. I recommend that Council pass such a motion announcing that the
Council� will meet in closed session immediately after we conclude our regular meeting
business on November 5, 1996.
ACTION REOUIRED
Council should adopt a motion to conduct a closed Council session, for purposes of
discussing labor negotiation developments, immediately'fol�owing the'Council's regular
November 5, ,1996 meeting. � �
..�