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1996-12-17•,:�� , s_ ;� � � 1. Call to 4rder 2. Rolt Call 3. Agenda Adaption CITY OF MENDOTA HEIGHTS QAKQTA COUNTY, MINNESOTA CITY COUNCtl, ACENDA DECEMBER i 7, 1995 - 7:3Q P.M. Approval of Navember 19 Minutes. �� -, •,�. a. b. c. d. e, f. 9• h. 1. 1• k. I. m. n. o. P- Acknawtedgment of the December 10 Parks and Recreation Cammission Minutes. � Acknowledgment of the Treasurer's Report for November. Rpproval of 1997 Non Union Pay Adjustment - RESQLUT/Ol1! 1V0. 9fi 94 A RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FQR NON QRGANIZEQ EMP�QYEES TO REFLECT A THREE PERCENT ANNUAL ADJUSTMENT FOR 1997 and RESOLUTlQIV NO. 96 S5 A RESOl.UTIC}N ADOPTlNG A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1997 AND ESTABLISHING CERTAIN t}THER BENEFITS. Approval of MnDOT TH110 1997 Overlay Project. Authorization to the City Attorney to make App[ication to the Dakota Caunty Court for an� Administrative Inspection Order allowing for the Inspection of the McNeill Site. Approval to Compensate the 1996 Boulevard Tree Planting Contractor for C5 Trees Installed. Approval to Purchase Fire Department Turn Out Gear. Approval to Hire lnspection Services for the Repair of the Fire Halt Raof. Acknowtedge Receipt of the Agenda #or the January 14, 1997 Jaint Council/Parks and Recreation Commission Workshop. Approval to Parfiicipate with Dakota County in Adding a Right Turn Lane for South Bound Traffic Entering onto Huber Drive off from Delaware Avenue. Acknowledge an Update on North Kensington Park. Acknowledge Receipt of a Letter Requesting an Extensian of the Review of Case No. 9fi-2fi: Beckmann Variance Approval to Purchase Truck for the 5treet Department. Approval of Resolution Establishing a Communications Antennae and Apparatus Moratarium - RESOLUT/ON NO. 96- 96 Approval to Pay 1SD No. 197 Community Educatian for the 1996 Summer Under the Sun Pragram. Approval of a Reso[ution Granting a Conditional Use Permit to SBA far PC Apparatus on Henry Sibley High 5chaol - RESt�LUTIC?N NO. 96-97. q. Authorization to Pursue Proposed Language Revisions to Minnesota Statute 473.858 in the Minnesota Land Planning Act. r. Approval of List of Claims. s. Approval of the List of Contractors. End of Consent Calendar . � �u��-� �%. Hearina a. Lexington Heights Apartment Bond Refinancing - RESOLUT/ON NO. � 96-98 = � � �•� .,� ► . �• a. Discuss Revision in Manna Freight's Building Permit. b. Discuss 1997 CDBG Grant Application - RESOLUT/ON NO. 96-99 c. Discuss Third Parallel Runway Contract with the Metropolitan Airports Commission. ' � �.� •,���•, 10. Adjourn Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administration at 452-1850 with requests. �y 3' Page No. 1 November 19, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regulaz Meeting Held Tuesday, November 19, 1996 Pursuant to due call and notice thereof, the regulaz meeting of the City Council, City of Mendota. Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Ayes: 5 Nays: 0 APPROVAL OF MINUTES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilmember Smith moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Councilmember Smith moved approval of the minutes of the October 15, 1996 meeting as amended. Councilmember Koch seconded the motion. Councilmember Krebsbach moved approval of the minutes of the November 5, 1996 meeting as amended. Councilmember Smith seconded the motion. CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to move items o, Manna Freight, and q, List of Claims to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the November 12, 1996 Parks and Recreation Commission meeting. b. Acknowledgment of the Treasurer's monthly report for October. c. Acknowledgment of the Fire Department monthly report for August. d. Acknowledgment of the Fire Departrnent monthly report for September.. Page No. 2 November 19, 1996 e. Approval to transfer $50,000 from the general fund balance to the Equipment Reserve Fund. f. Approval to issue a temporary on-sale liquor license to the Convent of the Visitation School for March 7 and 8, 1997 in conjunction with its annual Merrie Mazket Auction, along with waiver of the license fee. g. Approval if the sale of ta7c forfeit Parcel No. 27-16400-133-00 by Dakota County at public auction for non-payment of property taxes. h. Acknowledgment of a memo from Treasurer Shaughnessy and approval of the 1996/97 property and liability insurance coverage and deductible. i. Acknowledgment of a memo from Police Chief Delmont recommending that stop signs not be installed on Decorah Lane and Apache with direction to the Police Department to occasionally monitor speeds and to explore the cost and potential for use of a self-monitoring speed sign. j. Adoption of Resolution No. 96-89, "RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE FINANCING OF A PROJECT (LEXINGTON HEIGHTS APARTMENTS PROJECZ�, UNDER MINNESOTA STATUTES, CHAPTER 462C, AS AMENED AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH." k. Acknowledgment of a notice of proposed water rate increase from the St. Paul Water Utility. 1. Acknowledgment of an upda.te memo from Engineer Mogan on the status of the Bunker Hills street reconstruction project. m. Approval of the issuance of a permit to Oasis Market for a one by five foot pylon sign below the existing pylon sign at 1960 Dodd Road on the condition that the TCF Express Teller is located within the Oasis building and is accessible only during the regular hours of operation of the store. n. Adoption of Resolution No. 96-90, `A RESOLUTION ESTABLISHING RULES AND RENTAL FEES FOR USE es:4 � ays:0 � A FREIGHT Ayes: 5 Nays: 0 �. Page No. 3 November 19, 1996 OF CITY PARKS AND PROPERTY," with direction to the Parks and Recreation Commission to clarify Section lA regarding refunds. o. Approval for the Engineering Department to purchase Eagle Point Soflware's RoadCalc 6.0 for $1,370, the cost to be charged equally against current and pending street improvement projects. p. Approval of the list of contractor licenses dated November 19, 1996 and attached hereto. Councilmember Krebsbach seconded the motion. Council aclrnowledged a memo from Administrative Assistant Hollister regarding a request from Manna Freight for a minor revision in its building plan to change the access to the low roof to allow a warehouse interior wall mounted ladder to a vertical door positioned at the lowest point on the front of the building to facilitate access to the low roof. Mayor Mertensotto stated that the original proposal was approved with an internal ladder to allow access to the lower roof utility lines and that he understands that the proposal now is to add the door on the warehouse portion, well back from the front of the building, to give access to the roof. Councilmember Krebsbach asked if the four foot door will be a problem for fire fighting. Mr. Randy Giesen, project contractor, responded that the door is just for servicing the gas line and is according to code. He further stated that the door will be set back and will not be visible from the street, and that it will be the same color as the building. Councilmember Krebsbach moved to approve the modification as requested to allow an external four foot access door to gain access to the lower roof in accordance with the plans submitted and on file with the city. Councilmember Smith seconded the motion. Page No. 4 November 19, 1996 HEARING - TILSEN AREA Mayor Mertensotto opened the meeting for the purpose of a public STREETS hearing on proposed street reconshuction/rehabilitation improvements to serve the Tilsen's Highland Heights area. Council acknowledged a memo and proposed resolution from Engineer Marc Mogan along with letters from Roger and Violet Noreen, Stanley Karon, Steve and Heather Ashley, and Phil Freeman, all in favor of street reconstruction. Engineer Marc Mogan gave the audience a background on the street rehabilita.tion policy and described the streets proposed to be upgraded. He explained that the existing, original streets were constructed to the rural street section design and 30 foot width and are approaching the end of their service life. He explained that preventive maintenance is no longer effective or prudent. He informed the audience that NSP would like to upgrade its gas distribution system in the area to current standards, and if the project is approved NSP would probably sta.*t its work in April. The proposed street improvements would begin around May 1, 1997. He explained how the project would be constructed and discussed funding. He informed the audience that the assessment proposed for street reconstruction with curb and gutter, after city subsidy to the project cost, is a uniform $3,700 per lot. He explained that he hopes to begin field work this winter and bid the project in February or March, and that construction would take from May until mid-July with sod restoration beginning in July. He stated that if the project is approved, the assessments would be collected over a 19 year period with interest during the first year at 8.75% and 7% for the remainder of the assessment period. Engineer Mogan informed the audience that in the street reconstruction projects which have been constructed, property owners have been given the ability to negotiate with the construction contractor for reconstruction of their driveways. He stated that while the city would assess the driveway replacement cost for the property owners, the city does not participate in cost sharing for driveway reconstruction. Responding to questions from the audience, Mr. Mogan stated that the grass center median on Lilac Lane will be maintained. He sta.ted that the existing Lilac Lane has about a 21 to 22 feet wide bituminous surface in each direction with a ten foot median and the median will remain essentially as it is but will have curb and gutter against it. He sta.ted that the north side of Karon Road is in Lilydale and the north side of Karon is not being assessed in the project. In response to a question from a lady in the audience who owns two lots, one fronting on Victoria and the other on Caren, he stated that Page No. 5 November 19, 1996 the city will only assess property that has access to an improved street. Responding to an audience question, Public Works Director Danielson sta.ted that Dakota County will have to answer the question how far curb and gutter will extend to Victoria, since a county permit is required. A gentleman in the audience asked if the contract can require that construction begin and end on a date certain. He stated that the property owners care about the sod and do not want to be without sod until mid-October. Engineer Mogan responded that the contract can be structured any way the city wishes, but the cost would be much greater if the contract specified dates certa.in for sod installation. He explained that the best way to get a project completed eazly is to add a bonus clause, but it would be up to the neighborhood whether they want the added cost. Councilmember Huber stated that sta.ff is very willing to communicate to the residents what the project status is and what is going on and will keep residents informed on the timing for the stages of the project as those sta.ges begin. Councilmember Krebsbach stated that it appears that the neighborhood is satisfied with the proposed 33 foot street widths but that she feels if the neighborhood wants 30 foot streets (the current width), Council should look at it. She also asked if the NSP upgrade involves moving the meters, and stated that she would like people to be informed on what changes NSP is proposing. She asked if the city or the neighborhood is paying for the improvements to Lilac Lane. Engineer Mogan responded that the Lilac Lane improvement is part of the total project cost which will be split between the neighborhood and the city. He stated that the city standard rural section is a 30 foot wide rural surface, and adding curb and gutter brings the width to 33 feet, which provides parking on one side and space for two vehicles to pass on the bituminous surface. He explained that if the neighborhood wants 30 foot street rural section streets they can be constructed but the entire cost of the project would be borne by the properly owners. Responding to a question about NSP installation of underground utilities, he stated that NSP would probably be interested in doing underground installation, but � Page No. 6 November 19, 1996 it would be expensive and the neighborhood would then bear 100% of the cost. Responding to a member of the audience who asked if the streets could be 30 feet wide with curb and gutter if the neighborhood wanted them, Engineer Mogan stated that he does not know if 30 feet wide gutter to gutter is really wide enough. He explained that in a cul-de-sac situation it might be, but in the Tilsen area he does not see what the adverse impact would be if the streets were 33 feet. He explained that it appears that there is enough room to add the gutter on each side of the street beds. He stated that typical rural sections have ditches to carry surface water and right now in the area there is a compromise where the sod grows up to the blacktop and water ponds at the edge of the blacktop and saturates the sub-grade, destroying the structural integrity of the streets. Councilmember Smith informed �he audience that imder the city's street rehabilitation policy, the city doe ot mandate to a neigl�b9sb.o��to do streets, bu when the policy was developed, Council gave much stud what would work the best in the long run for the city. Based on that information, it was apparent that a street section with curb and gutter would give much better service in many ways and would improve the life of the street, improve drainage and reduce annual maintenance costs. Council felt it to be in the best interest of the city and the neighborhoods to promote curb and gutter and storm sewer, and in order to encourage property owners, Council adopted a policy whereby the city would pay half of the cost of the full standard street with curb and gutter and storm sewer. She further sta.ted that the street width does not have to be 33 feet unilaterally if all neighborhoods cannot accommodate that width. She informed the residents that if a neighborhood decides it wants something other than the standard city street, it could choose the rura130 foot width design, without curb and gutter and storm sewer, but that would not receive the benefit of any city contribution because overall, the city cost will be higher for maintaining that type of street. Responding to a question, Engineer Mogan informed the audience that reconstructing the streets as they were originally constructed would cost about $3,000 per lot, a simple overlay would probably cost about $2,500 per lot. He explained that the life expectancy of an overlay is ten to fifteen yeazs, and the assessments would be collected over a ten year period. He stated that the city standard street has a life expectancy of twenty to twenty five yeazs and the assessments would be certified for nineteen years. Page No. 7 November 19, 1996 There were several questions about specific drainage problems. Council directed the property owners to contact Engineer Mogan with their individual concerns and problems. Mayor Mertensotto stated that Council decided several years ago to begin a.n infrastructure reserve fund to assist in the financing of street reconstruction projects. He explained that when Council ta.lks about an urban section, it is talking about getting rid of culverts and ditches and having the surface water picked up in the street and carried to ponding areas. He explained that Council believes it is in the best interest of the city to construct urban section streets because they aze easier to plow and last longer, which is why the city contributes half of the cost. He stated that the rationale behind uniform assessments is that each lot, regardless of size, uses the streets to the same extent. He suggested that the properiy owners let Council know if they wish the project to proceed. Mr. Joe Morgan sta.ted that he supports the project and thinks it is a good idea. He asked how the estimate was arrived at. Engineer Mogan responded that the engineering estimate was based on the bids for the most recent projects, and that the estimate should be within five to ten percent of the low bid. Mayor Mertensotto informed the audience that if the bids comes in drastically different from the engineering estimate, Council would not proceed, but in any event the property owners will be assessed no more than $3,700. There was brief discussion over street lights, a request for speed limit reduction and a request for "one-way" signs at Lilac to prevent motorists from using the wrong lane. A gentleman in the audience asked if a cul-de-sac could be constructed without curb and gutter. Councilmember Smith responded that a project is hard to engineer with one part of the neighborhood different from the rest. Councilmember Huber stated that his preference would be that there not be a mix of construction types and that the project either be entirely with curb and gutter or entirely without. � Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Page No. 8 November 19, 1996 It was the consensus of the property owners present at the hearing that Council should proceed with the project. Councilmember Huber pointed out that there have been no letters of opposition to the project. There being no further questions or comments from the audience, Councilmember Huber moved that the hearing be closed. Councilmember Koch seconded the motion. Councilmember Huber moved adoption of Resolution No. 96-91, "RESOLUTION ACCEPTING ENGINEER'S REPORT ORDERING PREPARATION OF IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE TILSEN'S HIGHLAND HEIGHTS, TILSEN'S HIGHLAND HEIGHTS PLAT 2, TILSEN'S HIGHLAND HEIGHTS PLAT 3(JOB NO. 9612, IMPROVEMENT NO. 96, PROJECT NO. 4)." Councilmember Koch seconded the motion. Staff was directed to inform the neighborhood of NSP's plans. RECESS Mayor Mertensotto called a recess at 9:55. The meeting was reconvened at 10:00 p.m. CASE NO. 96-26, BECKMANN Council acknowledged a memo from Public Works Director Danielson regarding continued discussion on an application from Mr. Paul Beclanann, 1882 South Lane, for an 17 foot variance to allow installation of a ham radio antenna tower. Council also acknowledged a letter from Mr. Beckmann and correspondence from Mr. Garrett Lysiak, Owl Engineering, and R.W. Rentfrow, professional engineers retained by Mr. Beclanann, and letters of opposition from Mr. & Mrs. Ken Girouazd, 1902 South Lane and Mr. John Thames, 656 Wesley Lane. Mr. Beclanann and his legal counsel, Mr. John Bellows, were present for the discussion. Mayor Mertensotto stated that discussion on the matter had been continued from November 5'� because Mr. Beckmann was to submit information to the city and the city's consultant, Geoffrey Jillson, regarding design da.ta for the proposed tower. Page No. 9 November 19, 1996 Mr. Beckmann responded that most of the information has been submitted to the city but there aze some details still being worked on by his engineer. He explained that he has submitted the detail specifications concerning survivability and preliminary foundation design. Public Works Director Danielson informed Council that Mr. Jillson visited City Hall today and reviewed the information that had been submitted. He sta.ted that Mr. Jillson estimated that 90% of the design detail has been submitted, and that Mr. Jillson's report is not yet available. Mr. Beclanann stated that the base itself is complicated because he wants to keep the tower away from the house as much as possible and the base is in the fill soil of the foundation. He explained that his engineer must make sure that it will not damage the integrity of the foundation of the home and that is what the engineer is currently working on. Public Works Director Danielson stated that he has notes on Mr. Jillson `s review and he will forward a copy to Mr. Beckmann tomorrow. He further sta.ted that Mr. Beckmann has indicated that the rest of the information should be available early next week, which Mr. Jillson has indicated should allow enough time for his review and report to Council by December 3. Mr. Beckmann stated that the packet of information he has submitted to the city could be considered the description af the project at this point, and that it differs from the original proposal in construction materials. He explained that the tower was originally proposed to be aluminum but it is now proposed to be steel. The tower would be the same height, but the base will be reduced from 22 inches to 18 inches. Mayor Mertensotto asked if there are any changes other than the triangular width of the base and the steel construction of the pole. Mr. Beckma.nn responded that because of the computations which have been done on the amount of antenna material that can be supported, the antenna area is slightly smaller. Additionally, the proposed location of the tower has moved four to five feet to the south, further from the closest (north) property line. He explained that it will be about 42 feet from the property line, in a location which will screen it more. Page No. 10 November 19, 1996 Councilmember Krebsbach asked what Mr. Beckmann does as an amateur ham radio operator. Mr. Beckxnann responded that he engages in operation as he is federally licensed - in that part of the FCC description of the amateur satellite service. He explained that what he does is a service rather than a hobby, and as he submitted in his early application, there was a joint resolution of Congress that specifically dealt with a.mateur satellite service and which describes the activity he engages in. Mr. Beckmann read portions of the resolution for Council. He explained that he engages without pecuniary interest in the amateur satellite service, monitoring telemetry of satellites in orbit and assisting in the design and construction of satellites and enhancing the base of trained individuals in the United Sta.tes. He informed Council that he has written on a satellite that will be put into orbit in April by gathering information from other sources. He stated that he has a very rudimentary station now that is not capable of communicating with satellites. Councilmember Krebsbach asked Mr. Beclanann why he needs the antenna if he is getting transmissions now. Mr. Beckmann responded that his purpose is to engage in the enhancement of the earth. He clarified the statement by using the �� ex e that individuals can receive communications from Europe with a crystal set under perfect conditions, but he stated that he has very limited capability currently to engage in a similar practice at � this time. � Councilmember Krebsbach asked Mr. Beckmann if he is at the point that he is contributing to a writing about satellites. Mr. Beckmann responded that he is getting his information from individuals who are designing a satellite which has not yet been launched. He informed Council that he is constrained not to gain financially through amateur satellite service. Councilmember Krebsbach stated that in his letter Mr. Beckmann stated that he could accommodate his needs without the antenna by placing antennas on his home in different locations. Mr. Beckmann responded that he could do so but that the Mayor has commented on the aesthetic impact of antennas on the neighborhood. He stated that if he were to conform to the 25 foot height limit, it would require him to erect multiple antenna support structures in his yard and on the garage. He explained that the Page No. 11 November 19, 1996 requirement is that the antennas have a clear line of sight to the satellite, so at 25 feet the roof of his house would obstruct that line, as would the roofs of his neighbors homes, so he would have to have multiple looking points in his yard to achieve what the tower would. Mayor Mertensotto asked whether Mr. Beckmann's house is in the wrong location for optimum communication. Mr. Bellows responded that if this is not a proper location, there is none. He stated that the tower is only 33 feet tall, and if cannot be placed on this lot it cannot be put anywhere. He sta.ted that Councilmember Krebsbach has talked about 25 foot high towers. He stated that at least three to five towers would need to be located around the lot to accomplish the same communication as the proposed tower. He stated that this is a perfectly appropriate and property activity that the Minnesota Supreme Court has indicated is a normal and incidental use of residential property. He further stated that an assessment from a professional engineer has been submitted that deals with the fact that this is far from an optimum situation and is a clear compromise. Mr. Bellows sta.ted that the structure of the tower has been changed and the tower has been moved. He explained that this a huge investrnent in time and emotion for Mr. Beckmann, and that Mr. Beckmann wants to make sure that it is done properly and conforms to the building code and proper design. He stated that there is clear technical evidence that this is a compromise. He sta.ted that at the last meeting, one concern raised was the impact on residential properties in terms of property values. He stated that during the discussion, the City of Edina was used as an example of comparable values, and informed Council that Edina allows 62 foot tall towers. Mayor Mertensotto stated that Council is talking about residential values, and the city has the highest value in Dakota County, and while Edina may allow antennas, a tower larger than 25 feet is illegal in Mendota. Heights. Mr. Bellows responded that there are no covenants or restrictions that prohibit the tower. He stated that the proposal conforms to the comprehensive plan and the applicant is not talking about anything that is outside of the city's ordinance. He stated that the ordinance provides for the variance process and Mr. Beckmann is asking for a variance for a tower higher than 25 feet in a residential area. He further stated that the applicant has submitted information that twenty-feet would not provide reasonable accommodation. Page No. 12 November 19, 1996 Councilmember Huber stated that the information indicates that if the tower is not 100 feet tall there will be interference. Mr. Bellows responded that the engineer indicates that the proposed tower is far from the optimum, and an analysis on a 25 foot tower would be that there would be no communication at all in several directions and would render the antenna useless. Responding to a question from Councilmember Huber about the new phase three satellites, he stated that there will be more time when the new satellite will be higher than the others but not at all times. Mr. Beclanann stated that there may be a phase three satellite on the drawings boazds, but it takes about ten years to build one. Councilmember Smith asked if the satellite which will be launched in the spring will increase Mr. Beclanann's ability to communicate at 25 feet. Mr. Bellows responded that that would be like saying yes, you could hear the radio but it would be locked on one station forever. Responding to a question from Mayor Mertensotto, Mr. Bellows stated that the antenna must be located on the Beclanann property because this is highly directional and the antenna must be pointed to the satellite to be effective. Mr. Beckmann stated that it is clear in PRB-1 that antennas must be allowed. He felt that one of the things that has exacerbated the problems is the lack of a clear message from Council. He stated that Council made it clear that the city spent much money on the Pentel lawsuit and the city has not established what the limits of its authority are. He stated that his neighbors are clearly unaware of what authority the city has. Mayor Mertensotto responded that many times people have come to ask for antennas and Council has suggested that they go to a more appropriate location. He stated that there are few antennas in the city. Mr. Bellows responded that the applicant is providing a solid engineering basis and a solid legal basis that he has made reasonable accommodation. He stated that this is a totally non-paying operation and there is no aspect of it that has reimbursement - it would be a violation of federal law. He explained that Mr. Beckmann has never talked about expanded or commercial use of the equipment and has only talked about expansion by modified antenna in the future. He sta.ted that a letter of objection in the Council agenda was from the Page No. 13 November 19, 1996 Mayor's daughter, and because of conflict of interest the Mayor should excuse himself from the discussion, especially if there is any question on impact on property values. • �S Councilmember Koch stated that the comment in the letter Council �� received from Mr. Rentfrow indicate that Mr. Beclanann is willing `� cN� � to compromise to get the minimum effectiveness to be a good � neighbor makes her wonder that he could not in the future � 4� � communicate as effectively as he would like and perhaps he may not even be able to use it. She further stated that the one thing that � J�,t�`� �.o-�� �e really concerns her is the covenants, where the neighbors agree not U`r ���" to construct auxiliary permanent struchues. She stated that if Mr. �� Beclanann signed an agreement, she is bothered that he agreed to the GV condition. Mr. Bellows responded that if Council would like, he will submit an affidavit that there is no such document signed by Mr. Beckmann. He stated that the only covenants are the ones Mr. Beckmann received from Dakota. County at the time he bought his lot, and they only addressed back yard storage sheds. Councilmember Smith stated that she needs the city's consultant's report before she can make a decision, and if that keeps coming in a revised form as Council continues in the process, it will be very difficult to make a decision. She further stated that she hopes Mr. Beckmann will give Council the courtesy of submitting complete and full information before Council makes a decision. Mr. Bellows agreed, stating that no decision can be given this evening. Councilmember Smith stated that Council will be presented with very complex information only three days before the next Council meeting. She was not sure that Council will be able to absorb all of the information in such a short time. Mayor Mertensotto stated that he will entertain comments from the audience but will not vote on the variance application. Councilmember Smith sta.ted that it is her understanding that in situations such as this, cities can only use the minimal capacity of their ability to govern and state law defines that as protecting the health, safety and welfare of the community, which is possibly open to interpretation. She further stated that one important aspect is safety, and in terms of the health and welfaze of the community, those are aspects Council has not investigated. She stated that the Page No. 14 November 19, 1996 limit of Council's ability is to act on health, safety and welfaze and otherwise must give reasonable accommodation under state law. Attorney Hart stated that the city has an obligation to reasonably accommodate Mr. Beckmann's interests in amateur radio communication. The city has a right to inquire into and deternune areas of legitimate concern to the city in issues of health, welfare and safety, and once the city has identified areas that apply to a particular situation at that point that the city's concerns disappear, Mr. Beckmann is allowed reasonable accommodation. He further stated that if the information is not supplied by Mr. Beckmann within the allowed time and Council must act, he felt it is reasonable for the city to deny the application because adequate information has not bee supplied for Council to make a determination on the impact on health, safety and welfare. Councilm�mber Huber pointed out that Council must make a decision at its next meeting. Mr. James Schueppert stated that Mr. Bellows has stated that he did not believe the antenna would violate the covenants of the neighborhood, and Mr. Schueppert disagreed. He stated that the covenants on his property also apply to the Beclanann property, and they prohibit television antennas and antenna structures as Mr. Beckmann is proposing. He further stated that he cannot explain why Mr. Beckmann was ignorant of the covenants. Councilmember Krebsbach stated that she asked at the first discussion how Mr. Beckmann had not known the covenants which were commonly understood in the neighborhood. Mr. Dennis Finn sta.ted that a copy of the covenants was distributed to the neighbors and the actual covenants as they are filed on his property aze slightly different in Section 1, relati.ng to architectural control. He stated that the covenants distributed to the neighborhood did not have a second paragraph in the section. He stated that the neighborhood was aware that there was a difference and did not think it was a big deal. He distributed a copy of the registered covenants to Council, stating that they are the same on all of the properties within the subdivision. He explained that under the covenants no building or other struchue or any additions or alterations can be made until the plans and specifications are submitted to and approved in writing by the architectural committee and a member of the committee must sign the plans before a building pemut can be acquired. He explained that the second paragraph states that the committee is comprised of the developer Page No. 15 November 19, 1996 and whoever he designates and a committee is in place until all lots aze built or until 1990, whichever comes first. He stated that Mr. Beclanann interprets that paragraph as meaning that the committee is abolished as of 1990, but the neighborhood interpretation is that the developer is no longer involved after December 31, 1990 but the concept is not abolished. He distributed a letter from the developer, Michael Kurtz, and, responding to a question from Councilmember Smith, stated that the Beckmann lot is included in the covenants. Councilmember Krebsbach stated that she has a question about another set of covenants that says that no antennas are allowed in the Ponds. Mr. Finn responded that the antenna restriction was not included in the covenants that were filed with the plat and he did not know who got a copy of those covenants. Mr. Schueppert stated that he thinks those are commonly understood restrictions. Councilmember Krebsbach stated that there was one set of covenants that was commonly understood in the neighborhood but Mr. Beckmann went to the County. Mr. Finn responded that he cannot say that it was commonly understood by the neighborhood or to what extent those covenants were distributed. He felt that Section 3 of the covenants, relating to noxious activity, could apply. Mr. Schueppert stated that he believes he could provide the Council with a legal decision that the covenants apply and also he believed that the proposed antenna would affect property values. Ms. Jan Banks stated that the neighborhood has retained the services of appraiser Blake Davis, who is very familiaz with property values in Mendota Heights. She stated that the neighborhood asked Mr. Blake to prepare a professional view on what impact the antenna would have on the property values in the neighborhood. She informed Council that Mr. Davis' findings were that there would be a negative impact on the values of many surrounding properties resulting from the construction of the ham radio antenna depending on the location, etc., of the properties. She briefly reviewed and then distributed copies of the report to Council. She pointed out that there are no power poles in the neighborhood, and that the report cites the potential for interference with electronics. Page No. 16 November 19, 1996 Councilmember Krebsbach asked what the cost of burying utilities is and who bears the cost. Administrator Batchelder responded that Engineer Mogan indicated earlier this evening that it would cost about $4,000 per lot. Treasurer Shaughnessy stated that when the buried utilities aze installed in a new subdivision, the cost is about $2,000 per lot, and that is refunded as people hook up. Buried phone lines for a new division are about $800 per lot, which is also refundable as the homes hook up. Responding to an audience question about interference with household electronics, Mr. Bellows sated that there are standards of the FCC that apply and there should be no interference from the antenna if the household electronics are properly designed conforming electronics devices. He further stated that even when there are problems that occur, amateurs feel it is important to fix the problems when brought to their attention. He explained that adding a"donut" to a phone cord would take care of phone interference. Councilmember Smith asked if federal law pre-empts neighbors from any recourse if there is any interference. Mr. Bellows responded that it does not and that Mr. Beckmann must operate in the confines of maintained and tuned equipment or he could lose his license. He further stated that everyone is responsible for their own acts and to the extent that a neighbor has an inadequate piece of equipment that does not conform to FCC regulations, they are responsible. He stated that if Mr. Beckmann is operating within the federal law the neighbors have no recourse. Attorney Hart stated that he thinks this goes beyond federal law, and PRB-1 applies to the relationship between federal and local law, and if Mr. Beckmann is operating radio equipment that materially interferes with the use of home electronics, that is a nuisance and it would, in his opinion, be a significant right of the members of the home owners association. Councilmember Krebsbach asked who would be responsible if someone needs to make a 911 call and the use of their phone is inhibited. Mr. Bellows responded that he does not believe there has ever been an instance like the one described, although there have been cases where there has been interference with phones. He stated that he has Page No. 17 November 19, 1996 never heard of any case where an emergency call has not gone through. Councilmember Koch asked if there has ever been a problem with interference in all the yeazs Mr. Beclrnlan has been operating a ham radio. Mr. Finn responded that there have been problems, but no one knows what caused the interference, power lines or whatever. Mayor Mertensotto stated that whatever decision Council makes will be up to the Council and that he will step down from the table if the matter is back on the next agenda. He suggested that staff place the matter immediately after the consent calendar and he will bow out of the meeti.ng. Staff was directed to mail the Blake Davis communication to Mr. Bellows. Mr. Bellows stated that he is waiting for information to come back from Mr. Jillson and that Mr. Beckman has submitted some of the information relative to structural analysis and he has received Mr. Jillson's comments on that. He stated that he also has a comment on what should be submitted in addition - he asked that he be given the information from Mr. Jillson as soon as possible and if it presents a problem to get the information from Mr. Jillson in time for Council's review the matter could be continued beyond December 3. He stated that if Council decides to terminate the process when the 120 days has elapsed, Mr. Beclanann could apply right away. Mayor Mertensotto stated that if Council does not have the applicant's consent to extend the deadline, approval is implied. He further stated that Council's decision will either have to be made next meeting or the applicant will have to consent to an extension. Mr. Bellows responded that Mr. Beckmann will likely request a short extension of time so that al of the studies can be done and all parties can review and respond to them. Mr. Schueppert insisted that Council make a decision this evening so that he does not need to spend any more time on the matter. Mayor Mertensotto responded that sometimes applications must be extended in order to a11ow adequa.te study. Page No. 18 November 19, 1996 Mayor Mertensotto informed Council that he will be absent from the December 17 meeting. DISPLTTE RESOLUTION Council acknowledged a memo from Administrator Batchelder regarding a request from the Dispute Resolution Center for a financial contribution. Councilmember Smith moved to designate $500 as a financial contribution to be made to the Dispute Resolution Center. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 LMC POLICIES Council acknowledged a memo from Administrator Batchelder along with the proposed League of Minnesota Cities Legislative Policies for 1997. MENDOTA MALL SIGNS Council acknowledged a memo from Public Works Director Danielson regarding proposed amendments to the Mendota. Mall sign policy to allow installation of a sign for Dr. Wild at the rear . entrance to the mall.. Mr. Ed Paster and Mr. John Streeter, from Paster Enterprises, were present for the discussion. Mayor Mertensotto stated that Council does not want a sign band on the rear of the shopping center. He stated that he has spoken to Mr. Paster who informed him that he wants to develop the same sign band all around, but that he informed Mr. Paster that the rear is not the face of the building. He further stated that he can see why the dentist would want a sign since his access and parking is to the back of the building, but it is not the face of the building. He stated that if the sign were to be allowed, Snyder's would likely also want one on the rear. He stated that what is proposed is contrary to the sign policy for the city. Councilmember Smith stated that she would say since it is the side of the building that faces a residential azea there should not be lighted signs. She agreed that there could be a uniform identifier that the entrance is an access to a specific office, but that there could be no lights. Mr. Paster sta.ted that the shopping center has four sides and that the center does not have a separate delivery area. He further stated that the building faces three commercial streets and there are no homes affected by the shopping center or by its lights. He stated that landscaping and blacktop has been installed on the South Plaza. side of the site to accommodate the traffic coming in from that area and Page No. 19 November 19, 1996 the entrance at the rear also accommodates the new senior facility. He felt that the residents of the senior facility would be very happy to find an easy way to get to the shopping center, and everything in the center, includi.ng the paint and decor gives the appearance of shopping on all three sides. He stated that there is a sign band on the back and he just wants to accommodate the dentist by installing a 24 inch lit sign that just says "dentist." He stated that the sign will bring people into the site from South Plaza. and the bank to the dentist's entrance. He informed Council that he would also like to have a sign on the rear for Snyders in the future and that a back entrance was installed for Snyders so that bus and truck drivers could enter there from the area where they park. He explained that he would like the center to be as good looking form South Plaza as it is from T.H. 110. He showed Council elevations of the reaz of the building and distributed drawings of the sign. Councilmember Huber informed Mr. Paster that a dentist on South Plaza was recently denied a sign, and is now being asked to approve a lighted eleven foot four inch sign for a dentist across South Plaza. NIr. Paster responded that it is not an unusual size sign for a shopping center and he did not know what Council's reasons were for denying the other sign but that he does not feel that is an issue. He asked how Council expects a shopping center to do business without signs, and stated that signs need to be illuminated. Councilmember Smith stated that if the signage is approved everyone else will want signs on the back of the center. Mr. Paster responded that there are only two businesses that use entrances on the rear of the building and that is a11 the signage he is loolting for. Councilmember Smith responded that others will ask. She pointed out that Mr. Paster is asking for a band all around the back of the building. Mr. Paster responded that the businesses in the center want to be identified and he wants everyone to know the center is in business. He stated that the sign is a quality sign. Councilmember Smith sta.ted that she thinks Council could certa.inly provide for some signage, but she did not think it needs to be an eleven foot sign with 24 inch letters. Page No. 20 November 19, 1996 Mayor Mertensotto stated that if the lighted sign were approved, people who live on Creek Avenue could see it. Mr. Street responded that he has driven in the area at night and there is possibly one house that could see the shopping center. Mr. Paster stated that the letters in the front of the building are 35 inches tall versus the proposed 24 inch letters on the rear. He stated that he does not need a directional sign, but rather needs an identification sign at the entrance for the dentist . He stated that this is a shopping center, not a residential area, and he needs to have 24 inch letters on a sign ten feet about the ground. Councilmember Koch sta.ted that she looks at this as an extension of the shopping center, not the back, and if Mr. Paster is hying to draw from the senior facility, etc., she does not want a dark, dead area at the rear of the building. Mr. Paster sta.ted that the sign in the front of the center for the dentist is a very small sign. Mayor Mertensotto pointed out that the South Plaza side is still the rear of the building and there are no peaks or canopies. Mr. Paster responded that the decor is the same and even the sidewalk is raised to match the front and the doors are the same as those on the front of the building. Mayor Mertensotto stated that no one will be traveling down South Plaza that will be able to quickly see what is in the center, and he did not feel that lights from the center need to project out six blocks. A gentleman in the audience stated that the commercial businesses on the other side of South Plaza have signs. He stated that what is good for those businesses is good for the shopping center, and �asked why Mr. Paster cannot have a sign which will not affect the neighbors. Councilmember Huber stated that he will not approve an eleven foot lighted sign. Mr. Paster responded that everyone seems to be getting hung up on the size of the sign and the size of the letters. He asked that Council consider the size of the building, and explained that there needs to be architectural balance and proportion. He stated that his designers have designed the sign so that it would look appropriate on the sign Page No. 21 November 19, 1996 band, and that he does not want little signs that would look ridiculous and out of balance and make the shopping center look bad. Mayor Mertensotto asked what would happen if Old America comes in and wants a sign at the rear entrance. Mr. Paster responded that Old America did not want to be at the rear. Councilmember Krebsbach stated that Council sees the South Plaza side as the back of the shopping center and the change is that this is now a three sided shopping center and there will be businesses fronting on that side. Her concern is just over the neighborhood seeing the lights from the sign. Mr. Streeter responded that he has driven the neighborhood after dark and the lights at the back of the center that light the parking lot are fifly times brighter than the proposed sign will ever be, so the sign will have no impact on the neighbors. He pointed out that the shopping center is a PUD and if there were a request for other signage in the future, Council would have to approve them. Mr. Paster stated that he cannot understand the reluctance of Council to approve a sign for the shopping center for the dentist. Councilmember Smith responded that the dentist akeady has a sign and is asking for a second sign, and now Council is being presented with a new policy for signage on the back of the building. Responding to a comment about the light being on all night, Mr. Paster asked what time Council would want the light off. Councilmember Krebsbach stated that she would want the light turned off at 10:00 p.m. Mr. Paster stated that he can arrange for the sign light to be turned off at that time. Administrator Batchelder stated that at the last Council discussion on the proposed sign policy amendment, Council asked staff to have Mr. Paster come back with the minimum proposal he could live with and the hours of lighting, but what staff received was the same as that which was available at the last discussion. He felt that continuing the discussion to the next meeting would be consistent with the prior discussion. Ayes: 5 Nays:O ' RECREATION PROGR.AM Page No. 22 November 19, 1996 Councilmember Huber moved to continue the matter to December 3 for further discussion. Councilmember Krebsbach seconded the motion. Council acknowledged a memo from Administrator Batchelder regarding consideration of a full-time recreation programmer position. Dr. John Norton, representing the MHAA, stated that the organization keeps growing and needs better communication with what is going on within the city and with the school district. He stated that his experience has been that even though the recreation program is very accommodating, it is hazd to get in touch with him because he is only part-time. He stated that as the city has grown there is a real need for someone to at least be a full-time liaison between the school district, MHAA and the city, to take care of *,,he park and recreation needs. Mayor Mertensotto responded that it is not proposed that the recreation programmer do scheduling for MHAA, and that what he is doing is scheduling use of the fields. He stated that for the added time, the city would be getting into programs that the residents relied on community education for. He stated that the city hired a programmer so that city staff would not have to deal with scheduling the fields, and once a full-time person is added the position is permanent. Councilmember Huber stated that during his election caxnpaign he spoke to at least 800 people over a few weeks and did not hear anyone say they oppose the conversion to full-time. Mayor Mertensotto suggested that perhaps what is need is two part- time people during the summer months to accommodate scheduling. He did not think the other programs aze needed because they are being provided by the school district. He stated that the programs do not provide anything for seniors, and all the expansion of the position would do is increase the city's levy. Treasurer Shaughnessy responded that the taxes sta.tements recently mailed out by the county, which includes the full-time position, indicate that the city's taxes will go down next year. He explained that when Council approved the preliminary levy and budget, the conversion to full-time staius was included, and if it is taken out, it would be ta.ken out at the truth in ta�cation hearing. He further stated that the program revenues, which were included in the general Page No, 23 November 19, 1996 revenues for next year, would need to be reduced. He stated that in 1996, about $27,000 in revenues was generated from recreation programs and $35,Q00 was anticipated in the proposed 1997 budget. Mayor Mertensotta stated that he has not seen any demand from the residents far mare recreatian programs. Mr. Stan Linell, Parks and Recreation Cammission Chauperson, stated that the commissian stxangly supports the full-time pasition. He pointed out that Council will control whether recreation becomes a department or remains a single person stati, and that the recreations pragrams that the city has are required to be self- sufficient, and each program is paying its own way except the park celebration and concerts in the park. He explained that the understood goal is to keep the city's cost just to the recreation programmer, and that the commissian is not looking to create a grand dep��-tment or a great expenditure for the city. He stated that the caxnmission has seen the increase in demand by the increase in use of the programs as mare programs aze offerea. Councilmember Snuth stated that she had asked for the praposal to be prepazed and that Council just received a lot of information on what the possibiliries aza but she did not have a good sense af what is propased for the person to do an a regular basis. She further stated that fu11 utilizarion of the e�sting recreation reso�rces in the city really appeals to her. She felt that there is passibly some roam far expansion of utilizing the city's resources such as forming groups for hiking, volleyball, etc. and stated that she would like a concrete propasal so that Cotu�.cil knows in what directian the city is heading. She thought that the proposal is too open naw and needs a much firmer direction where Council would be appraving something salid. Cauncilmember Huber stated that he thinks that staff was t�rying to scope aut ideas that the community may have some interest in, and until the programmer progresses with those programs Council will not i�ow how they will be accepted He also stated that the pragrammer needs ta offer pragrams that are self-sustaining. Councilrnember Smith stated that if all of the additional groups and pragrams are created and nin in a great manner, and then for same reason the expectation changes and all of a sudden it is put an the city #o run other programs, the city cauld end up with iwice the load. � Coancilmember Huber respanded that no one is considering t��:ing on the MHAA programs. � Page No. 24 November 19, 1996 Mayor Mertensotto stated that the city is spending about $380,000 a year for parks, including debt levy. Councilmember Koch stated that she was one who supported the issue for discussion but what she sees is that if the city's programs are self-supporting it is a wash and they are not bringing in revenues. She stated that the city would still have the salary going out. She further stated that the memo stated that currently all segments of the public are under-served and the recreation programmer could build programs to serve every segment of the community. She stated that Council does not lrnow how much activity there would be, but perhaps the city should let the people know of the offerings that are currently available. She did not know if a full-time year round person is needed or whether there needs to be full time during just the summer. Councilmember Krebsbach stated that it was originally presented to Council that this would be a department, and she sta.ted that she would hesita.te for the city to duplicate what the school district, community education and technical college aze doing now. She further sta.ted that she felt this is a case of hiring someone over qualified for the job and that there are people who could work half- time with a more flexible schedule and perhaps the city could add another half time when needed. She felt that it is unfair to ask the current programmer to continue to work half time in his position and stated that she would like to see the city have someone with flexibility to work more hours during the field scheduling or perhaps another half time person to supplement during that time. Mayor Mertensotto felt that recreation programming needs to be reigned in and he did not want the city to get into craft types of activities. Councilmember Krebsbach stated that perhaps there should be a liaison for MHAA and scheduling with the assistance of additional temporary help during two to three months of field scheduling for seasonal demand. Mr. Linell stated that the recreation programmer also works for the community education program, so it is not his intent to duplicate any�thing they are currently providing. Councilmember Huber stated that the progranuner's scheduling does not occur in the summer, because by that time schedules are set. He Page No. 25 November 19, 1996 pointed out that scheduling is going on during January through March. Treasurer Shaughnessy stated that the biggest money maker and biggest part of the recreation programmer's job is running the adult softball leagues, which pay half of the programmer's salary. Councilmember Krebsbach sta.ted that she would like to have workshop in January to look at needs and does not think this is the way to make a decision. Councilmember Krebsbach moved to remove the add-level increase from the budget. Councilmember Smith seconded the motion. Ayes: 4 Nays: 1 Huber PARK ISSUES Council aclrnowledged a memo from Administrative Intern Hollister regarding a request from the Park and Recreation Commission that Council direct staff to prepare an inventory and optimum use analysis of all remaining vacant land in the city. Ayes: 5 Nays: 0 It was the consensus of Council to direct staff to perform an inventory and analysis. Council acknowledged a request from the Parks and Recreation Commission for a joint meeting to discuss several park related issues. Councilmember Krebsbach moved to conduct a joint workshop with the Parks and Recreation Commission at 7:30 p.m. on January 14, 1997. Councilmember Smith seconded the motion. Council directed Parks and Recreation Commission Chair Linell to prepare a list of topics and submit it to the City Administrator for distribution to Council before the holidays. CLAIMS LIST Councilmember Smith moved approval of the list of claims dated November 19, 1996 and totaling $ 596,847.61. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 � Page No. 26 November 19, 1996 ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to closed session for discussion on labor negotiations. Councilmember Smith seconded the motion. Ayes: 5 Nays:O � TIME OF ADJOURNMENT: 1:05 o'clock A.M. ATTEST: Charles E. Mertensotto Mayor Ka.thleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHTS DAK4TA C4UNTY, M��YN]GSOTA PARKS AND RECREATION C�lYad!'iISSION I1Il.NUTES DECEMBER 10,1996 The regular rneeting of the Mendota Heights Pazks and Recreation Commission was held on Tuesday, i}ecember 10, 1996, in the Large Conference Room at City HaII, 1101 Victaria Curve. The meeting was called to order at 6:30 PM. The following Carnmissioners were present: Spicer, Libra, Kleinglass, Norton, I7amberg, and Liberacki. Commissianer Linne�I arrived late. A1so preseni were Recreation Frograrnmer Chris Esser and Administrative Assistant Patrick C. Hollister. APPItOVAL OF MIN�CTTES Commissioner Norton moved to approve the October 8, 1996 Minutes with corrections. Cammissianer Kteinglass seconded the motion. AYES; 6 NAYS: 0 1 I ' I ' MI (Commissianer Linnell arrived at this point.) Bev Fritz of ISD 197 Community Education appeazed before the Parks and Recreation Commission ta raquest that the City match West Saint Paul's contribution to the Summer Under the Sun program for 1996. Ms. Fritz said that West Saint Paul had cantributed $2,930.20 for 1996, and that she is asking for a matching contribution from the City of Mendata Heights. Cha.irman Spicer painted out that Staff had suggested the passibility af making an.y future funding contributian frarn 1Vlendota Heights proportional ta the number of Mendata Heights children involved in the program, since only 48 Mendota Heights children participated in the program far 1996, as apposed to '72 children from West Saint Paul. Ms. Fritz responded that there was a possibility that the entire program may rnove to Sibley H'igh School beginning in 1997, since the "comrnunity center" in West Saint Paui was scheduled to be torn down. Ms. Fritz said that she anticipated that proportionally more Mendota Heights children would be involved in the program once it had moved to Sibley High School. Gomm%ssioner Spicer asked for a mation to recammend that the Council approve the matching contribution to Sur�uner Under the Sun for $�,93Q.20 for 1996, and make no commitment to funding the program for 1997 or beyond until Ms. Fritz or another representative from ISD 197 Community Education returns to the Parks and Recreation Comrnission sometime eariy ne�ct year ta explain the future of the program. Commissioner Norton sp moved. Commissioner Liberacki secanded the motion. AYES: 7 NAYS: 0 Bev Fritz thanked the Cammission and left the meeting. Commissioner KJ.einglass commented that the Summer Under the Sun funding should have been a matter that did not need the Parks Comrnissian's attentian, and that Staff should have been authorized ta make ihis payment without taking the Parks and Recreation Commission's time with such small amounts ofmoney. Mr. Hollister responded that such expenditures must go ta Council for approval, and that Staff had brought this item io the Parks and Recreation Co�r�mission first in arder io provide an opporiunity %r input on this program before it went to Council. Commissioner Kleinglass said that the Staff should be empawered to make rnore decisia;ns and that Councilmembers and Commissianers were engaged in too much "minutia”. Commissioner Kleinglass added that he intended to bring this issue up at the Joint Workshop with the Cauncii in January, Chairman Spicer said that it was good far the Cor�Emission ta "touch base" with these programs, but that perhaps the Commission cauld meet every other manth instead of every month. JOINT CCILTNCIIJC411rIlVIISSIC}N WQRKSHUP 4N JAN[TARY 14,1996 Mr. Hollister asked the Parks Camrrussion ta advise Staff as to the content of the agenda far the joint CounciUCammission workshop scheduled for January 14, 1996. Mr. Hollister then grabbed the dry erase marker to write dowrz the Commissian's suggestions an the dry erase white board. The Carnmissioners asked that the following parameters be placed upan the workshop: 1. The workshop should be limited to two hours in. length. 2. No more than 20 minutes should be spent an each agenda item in arder to keep the pace maving. 3. Chauman Spicer shoutd chair the meeting. , 2 Chairrnan Spicer also asked wh.at time the Council intended to arrive at the meeting. Mr. Hallister said that the Council had announced that they would arrive at '7:30, their customary meeting time for Cauncil meetings. Chairman Spicer requested that Staff ask the Councii if they would at least come at 7:00 so that the meeting would not go so late into the night. Mr. Hollister said that he would pass on that request, but that he anticipated that the Cauncil woutd continue with their current plan to arrive at 7:30. Chairman Spicer then directed Staff ta schedule the Parks and Recreation Corr�missioners to meet for a half-hour before the Council's arrival ta discuss same issues. The Cornmissioners then arrived at the fallowing list af items to be discussed at the Joint Vtfarkshop, in descending order of importance (begiru�ing with the most important): 1. The Purpose and Role of the Pa.rks and Recreatian Co�r�mission + The Purpose af the Special Parks Fund • Control over the Special Parks Fund • The Possibility of the Parks Commission Meeting Less Frequently 2. Open Space Preservation 3. A Full-Time Recreation Programrner • Future Programming Expectations • Cooperative Recreation Pragrams with Qther t?rganizations • Cross-Country Ski Traiis 4. Meeting Increasing Demand for Ballfields • Creating New Ballfields * Jaint Arrangements with 4ther Cities, the Schoal District, etc. • Lights at Mendakota Ballfield Complex 5. Expansion of ihe Trail System b. Stafff Workload and the Priority of Parks Projects Th.e CorrEmission also asked that a packet of information be prepared by Staff and provided to each participant in the workshop, including: • the remai.ning balance of the Special Park Fund * how much of the Special Park Fund will be needed for Narth Kensington Park • the remaianing balance of the Referendum • when the Referendum will be paid in fu11 3 + a packet of maps indicating significant remaining vacant parcels of land • other information The Cornmission also requested that the Parks and Recrea#ion Commission, or at least a representative thereof, be invited ta the Jaint Workshop between the Planning Cammission and the Council to discuss ihe future of the vacated MnDt�T right-of way east of Mendota Plaza an both sides of H'ighway 110. UPDATES Staff then provided updates an the following items: NORTH KENSINGTON PARK Mr. Hollister provided a memo to the Cornmission from Guy Kullander on the status of North Kensington Park. The memo indicated that Special Park Funds wauld be necessary for the impravements to the park. Chaiiman Spicer said that the assumption all along had been that the Special Park Fund would help pay for #he improvements ai North Kensington Park. PA,RK RESERVATi4N POLICY REVISION Mr. Hollister informed the Co�r�nissio� that ihe Council had asked how Staffwould verify whether or not a resident who resez�ved a park shelter had actually used the shelter before the Ciiy would refund the deposit for the sheiter. Chairman Spicer told Mr. �-Iailister that the Parks Commission assumes that Mendota Heights residents are hanest, and that therefore the refunds would operate an the honor system unless the City had received a complaint fram another resident that a shelter had not actually been used when it was reserved. RECREATION PROGRAMMER POSITION Mr. Hollister informed the Cammission that the Council had not opted to restore a full- time Recreation Progi�ammer to the 199'7 City Budgei at the Truth and T�ation hearing and that a11 indications were that the Council would ratify the Budget at S:Oppm on Vt�ednesday, December 11 without the full-time positian. The Commission expressed regret at the Cauncil's decision. 17.:.` :�!ic � There were an comments on this item. � POLICE REPORT There were no carnments on this item. The Cammission asked for Staffta provide updates an the following items at the next Parks and Recreation meeting: • pragress an putting maps in the City parks • progress on Cross Country Ski Trail talks with Par 3 • progress on ivy Falls Park ADJCJ►Z�12NMENT Motion ta adj4urn made hy Kleinglass and seconded by Damberg. AYES: 7 NAYS: 0 The meeting adjourned at 7:3p PM. Respec�lly Submrttec� - Fatrick C. Hollister 5 CITY OF MENDOTA HEIGHTS TREASURER'S REPORT, NOVEMBER 1996 DAKOTA, I N C. Checking Account 1.05% Savings Account 2.15% C.D. Rep. 3.00% Collateral - Bonds Gov't. Guar. CHEROKEE STATE BANK Saving Cert. 2/21/97 @ 3.63% Collateral - Bonds Gov't. Guar. LaSalle Bank CD 5 1/2/7% FHLMC 7.23% 12/97 FBS 6.40% FNMA 6.18% 12/99-96 FHL Mtg. Pool 8% (PRU) FMLC 7% Mtg. Pool (PRU) PAC FMLC 6 1/4% Mtg. Pool (PRU) FNMA 6% Pool (PRU) FHLMC 6% Pool @ 101.4375 (PRU) FNMA (1994 Pool) 6 1/2% (PRU) U.S. Treasury Money Mkt. (FBS) Gov't. Securities Fund Zero Cpn T.Bds 7.9% - 2011 (J&M) PRU Gov't Sec Fd TOTAL FUNDS AVAILABLE Funds Available 12/31/95 Funds Available 11/30/95 Rates Money Market Nov 30 Bank 2.85% Vov 30 FBS 5.12% LES:kkb BALANCE �$60,171.26� $597.88 0.00 C$59,573.38 � $500,000.00 $100,000.00 $13,952.59 $13,952.59 $500,000.00 $100,000.00 $95,000.00 $500,008.00 $500,008.00 $214,109.78 $425,680.05 $355,665.09 $503,180.34 $202,648.53 $263,522.30 $116,462.48 $1,002,470.00 $197,530.00 $428.00 $4,331,091.78 $7,895,846.39 $3,997,854.41 COLLATERAL $600,000.00 $600,000.00 Value 11-30-96(est�. $95,000.00 $505,000.00 $502,000.00 $212,000.00 $422,000.00 $353,000.00 $478,000.00 $202,000.00 $253,000.00 $1,280,000.00 $2,479,000.00 $315,000.00 $428.00 � CITY OF MENDOTA HEIGHTS MEMO December 5, 1996 TO: Mayor and City Council FROM: Katbleen M. Swansor��s City Clerk SUBJECT: 1997 Non Union Pay Adjustments DISCUSSION The upcoming Council meeting is the last meeting of 1996, and in order to allow budgeted pay adjustments to occur in a timely fashion, they should be acted upon on December 17. Attached please find an updated pay matrix which reflects a three percent increase for our non union employees. Also attached please find a resolution establishing a11 non union pay adjustments according to the matri�c. The resolution also sets forth the city's insurance premium contribution at $375 per month ($18.00 increase). The amount of our city contribution is commensurate with that provided by other Twin Cities suburban communities. The resolution also provides for a three percent increase in wages paid to our part time and temporary employees. Wage rates for fire department personnel were not increased in 1997 due to their desire to instead receive a nominal increase in the city's contribution to the Fire Relief Association. RECOMMENDATION Consistent with the 1997 Budget, I recommend that the attached resolutions establishing employee pay and insurance contributions for 1997 be approved. ACTION REOUIRED Should Council desire to unplement the recommendation, they should first pass a motion adopting Resolution No. 96-_, "A RESOLUTION AMENDING PAY CLASSIFICTION SCHEDULE FOR NON ORGANIZED EMPLOYEES TO REFLECT A THREE PERCENT ANNUAL ADNSTMENT FOR 1997," followed by a motion adopting Resolution No. 96-r, "A RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1997 AND ESTABLISHING CERTAIN OTHER BENEFITS." CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 96- RESOLUTION AMENDING PAY CLASSIFICATION SCHEDULE FOR NON-ORGANIZED EMPLOYEES TO REFLECT A 3% ANNUAL ADNSTMENT FOR 1997 WHEREAS, by Resolution No. 87-67, the City Council has adopted a grade-and-step pay system for non-organized City employees that meets the requirements of MSA 471.991, the Pay Equity Act; and WI�REAS, it is necessary to annually review the pay matrix that is a part of that system for adjustment in recognition of increases in cost of living; and WHEREAS, based on salary trends in the metropolitan azea suburbs, and budgeted funds available, a 3% adjustment in the matri�� for 1997 is reasonable. NOW, TI�REFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights that the Grade and Step Pay Matrix attached hereto as Appendix A, is hereby adopted as Appendix A of Resolution No. 87-67, adopted by the City �Council on July 7, 1987. Adopted by the City Council of the City of Mendota. Heights this 17th day of December, 1996. CITY COUNCIL CITY OF MENDOTA HEIGHTS Chazles E. Mertensotto . - Mayor ATTEST: Kathleen M. Swanson City Clerk � 1997 Pay Matrix GRADE I I I III IV V VI VII VIII IX X XI XI I XIII XIV XV XVI "VII /III XIX XX XXI XXI I XXIII XXIV XXV XXVI XXVII XXVI I I XXIX XXX XXXI XXXI I XXXIII XXXIV XXXV � CITY OF MENDOTA HEIGHTS EMPLOYEE POSITION PLACEMENT AND PAY CLASSIFICATION PLAN RESOLUTION NO. 96- A B C D Clerk-Receptionist Secretary Senior Secretary Accountant Civil Engineer I Eng. Tech., Admin. Assistant Sr. Engrg. Tech, Code Enforcement Officer Administrative Assistant, Civil Engineer III Public Works Supervisor Civil Engineer Sergeant Police Chief, City Clerk, Public Works Director 20,818 21,339 21,872 22,419 22,980 23,554 24,143 24,746 25,365 25,999 26,649 27,315 27,998 28,698 29,416 30,151 30,905 31,678 32,470 33,281 34,113 34,966 35,840 36,736 37,655 38,596 39,561 40,550 41,564 42,603 43,668 44,760 45,879 47,026 48,201 21,859 22,406 22,966 23,540 24,129 24,732 25,350 25,984 26,633 27,299 27,982 28,681 29,398 30,133 30,887 31,659 32,450 33,261 34,093 34,945 35,819 36,714 37,632 38,573 39,537 40,526 41,539 42,578 43,642 44,733 45,851 46,998 48,173 49,377 50,611 22,952 23,526 24,114 24,717 25,335 25,968 26,618 27,283 27,965 28,664 29,381 30,115 30,868 31,640 32,431 33,242 34,073 34,925 35,798 36,693 37,610 38,550 39,514 40,502 41,514 42,552 43,616 44,706 45,824 46,970 48,144 49,347 50,581 51,846 53,142 24,100 24,702 25,320 25,953 26,602 27,267 27,948 28,647 29,363 30,097 30,850 31,621 32,412 33,222 34,052 34,904 35,776 36,671 37,588 38,527 39,490 40,478 41,490 42,527 43,590 44,680 4�,797 46,942 48,115 49,318 50,551 51,815 53,110 54,438 55,799 E 25,305 25,937 26,586 27,251 27,932 28,630 29,346 30,080 30,831 31,602 32,392 33,202 34,032 34,883 35,755 36,649 37,565 38,504 39,467 40,454 41,465 42,502 43,564 44,653 45,770 46,914 48,087 49,289 50,521 51,784 53,079 54,406 55,766 57,160 58,589 CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 96- RESOLUTION ADOPTING A SCHEDULE OF COMPENSATION FOR CERTAIN EMPLOYEES FOR 1997 AND ESTABLISHING CERTAIN OTHER BENEFITS WHEREAS, the City Council has adopted a grade-and-step pay system for certain fu11-time employees of the City; and WHEREAS, based upon recommendation of the City Administrator, Council has determined the appropriate placement of each City position in a Grade, and the incumbent employee in a Step; and WHEREAS, it is also necessary to set salaries for certain part-time employees, as well as fringe benefits for full-time employees. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota. as follows: 1. That the following schedule of salaries be implemented effective January 1, 1997 for full- time employees: Emplo,yee Amy Griffin Rita. Dolan Linda Shipton Rebecca Trost Nancy Bauer Kimberlee Blaeser Curt Wimpee' Patrick Hollister Shirley Shannon Guy Kullander Tom Knuth Richard Gill Paul Berg Marc Mogan Tom Olund Larrie Mack Donn Anderson Dorance Wicks Kathleen Swanson Dennis Delmont James Danielson Kevin Batchelder Position Clerk/Receptionist Clerk/Receptionist Secretary Secretary Secretary Senior Secretary Engineering I Administrative Assistant Accountant Engineering Technician Sr. Engineering Technician Code Enforcement Officer Code Enforcement Officer Civil Engineer III Public Works Supervisor Police Sergeant Police Sergeant Police Sergeant City Clerk Police Chief Public Works Director City Administrator Salarv $20,818 25,305 29,965 30,831 30,831 32,392 30,905 34,113 36,649 41,465 44,653 44,653 44,653 46,685 50,275 51,532 51,532 51,532 56,882 60,861 60,861 61,903 � ! • Y � 2. That the following schedule of salaries be implemented effective January 1, 1997 for � part-time employees and temporary full-time employees: Emplovee Position Salarv John Maczko Fire Chief $ 7,470 John Neska Assistant Fire Chief 4,320 Chris Esser Recreation Programmer 12,366 Lambert Derks Custodian 9.73/hr. 3. That the following hourly rate of pay for volunteer firefighters be implemented effective January 1, 1997: 0 - 1 years $6.75 1 - 5 years 7.50 � 5 years and over 8.00 Capta.in 9.00 Detail duty rate 7.25 - 4. That the city's maximum contribution toward insurance premiums for full-time employees not covered by a labor contract shall be $375 per month for 1997. Adopted by the City Council of the City of Mendota Heights tlus 17th day of December, 1996. CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto Mayor . ATTEST: Kathleen M. Swanson City Clerk =�. ` • M '• . . i 1• ii • 1:� 1 �! ! I7ecember 1Q, 1996 Mayor, City Council and City Ad " r � James E. Danielsan, Public Warks D' MnDOT TH110 1997 Overlay Project DISCUSSIUN• I recently received the attached letter from MnDQT inforn�ing the City about their plans to improve TH210 with an overlay pmject. The aspect of the pmject that concerned me was that, along with averlaying TH110's surface, MnDOT is also planning an closing four median crossovers, all of which afFect Mendota Heights. 1. Crown Point Median Crassover My concern with closing this crossover is that it will greatly inconvenience the Crown Point residents and their visitors. Closing the meciian crassover will cause these residents to have ta travel to the first appropriate traffic signallight in either direction and do a"U" turn in order to make a left turn. 2. Mendota Heights United Church of Christ Median Crossover The ne�rt crossover affect�d is the ane serving I?ocige Nature Centez and the United Ghurch of Christ's accesses. Closing that access will also inconvenience these orgaaizatians by ca.using them to have to aad tzavel to the first tiaffic signat light and complete a"TJ,► turn in arder to turn left either accessing ar departing their site» 3. Sunf"�sh Lake The next two crossovers serve Sunfish Lake, but have aa i.mpact on Mendata Heights' %ce sexvice ta the community. 4. Palice and Fire Review I also routed l�ZnDOT's letter by the Fire Chief and the Police Chief for their comments. Chief Delmont's main concern was for the Crown Point access. He is concerned that resi.dents e�citing the neighborhood by turning right to turn left will attempt ta make their "TT" turn at the first signal light, a light which does nat have a left turn lane. Chief Maczko submitted the attached memo det��iiin�g his concerns. 5. Existing Safeiy Concerns The Police Chief was unaware of any history of accidents or safety problems with the existing crossovers. , 6. Deceleration Lane into Crown Point Anather concern I have with this issue is, that I recall some MnDOT staff inember either saying, or writing, that when TFIl10 was overlayed, a deceleration turn 2ane would be installed accessing Crown Point. I have been unable to find in the files aay written evidence af that promfise. The need for thi.s deceleration lane may have i�een redaced with the removal of the merge laae from I-35E's NB tiaffic, however I feel that if a tuxn lane is ta be added, now is the time ta da it. 7. Coardinatian with City Praject The City and MuDC1T have arrived at a cooperati�e agreement to fund the widening and improving of the TH110/TH149 intersection with turn ]anes and an improved trail crossing. This work is also scheduled to occur this summer and the two projects need to be caordinated. RECUMM:CNDATiUN: I recomm.end that the City inform MnDOT that Mendota FIeights desires not to have any of the TH1l.Q median crossovers closed for the above stated Police and Fire safety reasons, that the possibiliry of adding a deceieration turn lane into Cmwn Point be investigated and tbat the overlay pmject be coordinated with the City aad State Cooperativs Agreement Project. ACTION RF.,�UIRED: Review the MnDOT letter and then if Council desires to unplement the r�commendation, direct staff to farward a letter ta MnDOT request�ing that they not close any TH110 median crossovers for the above stated safety reasons, request the installa.tion of deceleratian WB turn lane into Crown Point, and that the project be coordinated with the City and State Cooperative Agreement Project. ��yNESpT, 0 : y2 � ,�` roa�y Minnesota Department ofTransportation Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 November 13, 1996 Mr. James Danielson Director of Public Works 1101 Victoria Curve Mendota Heights, MN 5118 Dear Mr. Danielson; SUBJECT: S.P. 1918-96, TH 110, Mill and Overlay from 35E to Robert St. (TH 52) Attached is a map showing the area covered by MnDOT's 1997 pavement overlay project.. Proposed median crossing closure locations are shown in red. The median access closures are part of MnDOT's effort to upgrade the traffic flow and safety of principal roadways such as TH 110. MnDOT is making an on going ef�'ort to eliminate as many of these crossing points as possible from the state highway system. I am aware that any proposal to close median crossings often arouses concerns from local governments, property owners, businesses and others affected by the loss of cross traffic access. Those affected should realize however, that the proposed closures are to the median crossing only. Access to the highway will still be available. However, vehicles entering and exiting the highway will be limited to right turns onto and off of the one way traffic lanes which abut the state highway access point. Before MnDOT would proceed with such closures, we would like to know if the city or affected communities have any issues which they feel should be considered. I would like to receive your written comments concerning such issues as school bus access, fire department respo�se time, access consolidation, frontage road construction, turn lanes and traffic safety. Other concerns, such as the inconvenience of having to travel further to turn around, are mentionable but, these generally do not justify leaving a median crossing in place. Never the less, I am interested in your comments and suggestions. I would appreciate hearing from you or, meeting with you, if desired. Sincerely, �� � � , L--��� Stanley J. Thompson, P.E. Metro Division, Project Manager An equal opportuniry employer s M[MiMD0.TN �YE 1 ���c� CAREN ANE � ,��tt������� * � � , iNiWORTN AVE �ECM �W�'ENTW C i�y,,,,�A E � 16� � J r RD � � t << ��� � G! �t Ll � � � '� �` ; s xft �. t �,� Ci �� � OfOIL , .� iaFiEs �+� j � � � � " � �� � �.�.. � .� Go ( Coutse E ` �' �'• `"�''� • � '` � , � �.. w a 4 f;' . r� .t, � � �ctt�w J � �� • wJltll[lOM AYE �c � o � t � +i 1 �;w�.. iY. 3.. 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R4 � �KpOiA NEIG TS RD ,��, 4p J g � �' � � * 2 �'*^ k � � ,y = `µ` R��E litGH � � 5�1M ti t ,n�„ 0 4 oy • aos`u �[T�f (+ .� ! $ � C aT ��MErr � � �. u. ' ., .. . � � _ \ .� + � 'a G�., 1-MtlR30M Cf M � � � c�.' O R'a. �.00l7 O �" a J+ \ . S-SYMiNtOf CT � Q' x x� R 4 r�j 11 �' O « �t,�' 8tr � .� . p . 1918'"" 9 6 `'. • � oNElll �oe'' . 2o�1t► � . � �~ ►��;r Crebnr �~ 6oTH� ST TH 11 {) FROM 35E 2'4 rZ'I3 52 ! �'y,� a*�4��'` a� � MILL & OVEFtT�AY o s`� r�9C�, asa � � o y ��o LOCATION MAP �,��. �o�,�,f,�•��t � fi g3 °>e ,' � � � � -� �S - � E !. f AITYT WAY : — f� STANLEY THOMPS4N �, _ ;p+f°+t < �E��►� - o •a "' - Q ' MNDOT PROJECT MANAGER $ � . � � �2 " ,� y \P �F O 3" � �1Y tf .�r� Q �� � V � TEL , 5� 2-1. �� 7 3 •�recr� r�r rrav . �. 3 19 9 6 .,,��` � � � ,* <� ..TM _ , �., • I' � � • I:� I:� • November 27, 199b TO: Jim Danielson, Public Works Directar FROM: John P. Maczko, Fire Chief SUBJECT; Clasing of Cmssovers on Highway 110 From Highway 35 to Robert Street As requested I have reviewed MnDQTs progosal to close median crossings in this stretch of roadway as part of their 1997 pavement averlay pmject. I do have several concerns, first, I would like to address the stretch of Highway 110 from Dodd Road to Robert Street. As you are aware, there is no water provided to the south side of Highway 110, and we do have t�ree {3) stzuctures to protect between �Iighway 149 and Delaware Avenue. The only way tu provide an adequate water supply to these facilities is by getting the water supply from the north side of Highway 110 and nznning tanker aperations. Closing the crossaver by United Methodist Church would severely hamper our fire protection ca,pabilities to the tlu�e stnxctures an the south side of Haighway I IU by limiting our water sugply. In addition, the same is true as we proceed east on Highway 11Q from Delaware to Robert Street. There are na fire hydrants in Sunfish Lake. All wa�er must be hauled to the scene of the emergency. The crossing at Sunfish Lane and Charlton are critical for adequaie water supply in these large homes. In fact it would also be aur desire to have a crossaver far emergency access provided at Ange1 Road. T4us is particularly desirable based an the fact that tfie Highway Patrol strangly frawns on emergency apparatus driving in opposing traffiic lanes. This only makes sense far the safety of the emergency responders as well as the motoring public. Far these reasons, I cannat support the elimination of the crossovers between Dodd Road ('T'H 149} and Robert Street unless water supplies are pravided on the south side of Highway 110 in this stretch. As for the crossover at Crown Foint, typical iirst out fire respanse would not be affected by removing the crossover, However, that is assuming that the fire apparatus is present at ths siation when we are called for help. It is also assuming that we are not operating in Crown Point when a fire response is necessitated elsewhere in the City. That being said, in reality, tl�is closing does not represent a significant prob2em far us. -�. What wouid be a concern wauld be additional vehicle accidents occurring at the north bound entrancelexit ramp of 35E and Highway 110, with vehicles making U-turns and no left tum lane at that l.ocatian. From the Fire Ilepartment perspective, I do nat remember the Fire Department ever being called ta an aceictent involving vehicles at these crossavers. Perhaps an accident study should be canducted to determine how significant the accident hazards are at these crossovers and weigh that against the tnze increased public safety concerns and additional response times that elim�inating the crossovers will necessitate. cc: Mayar Frank Tiffany, City af Sunfish Lake � TO: CITY 4F MENDOTA HEIGHTS MEM� December 9, 1996 Mayor, City Council and City AdmiY�3traGor James E. Danielson, Public Works Direc SUBJECT: McNeill Site Acquisition (Street Sweeping Storage Site) DISCD'SSION• At the November 5th meeting, City Council authorized Barr Engineering to conduct an environmental analysis o£ the MeNeill Site in anticipation of acqui�ition of the site by �he City as i�s street sweeping storage site. The site was owned by Mr. John McNei11 who is ncaw deceased, his estate was never probated. His brother George����ias been accepting rent for the mobil home ],oca�ed on �he site and haa been using the site �or his wood processing busine�s. We therefore contacted George and requested his permission to enter the si�e fvr the purpose of envirorimental testing. Gearge was unwil].ing to give us that permission. In case� where land owners refuse en.try for environmental testing State Statute 1.17.041. {attached} establishes a procedure far gaining access tan Administrative Search Warrant). MPCA uses this proceas frequently, and the Attorne�r General's office has supplied me with one of their recent cases �o use as an e�mp2e. RBCO�ATTON: In order for Barr Engineeri.ng to complete analysis of the McNeiil Site (1455 Perron Road have access to the site, Because there is no gain that permission, I recammend that the directed to make application to the Court fo Inspection Order allowing for the inspection. • ,, e +►li��cicaN� their environmental West� the�r need to owner �rom which to City Attarney be r an Administrative If Council desires to implement the recommendation they should pass a mation authorizing the City Attorney to prepare the appropriate paper work to be submitted to Court to allow for the Cit�r and it's agen�.s (Barr Engineering) to en�er upon the site for purpose of conducting a complete environmental inspection of the site. 12T.O16 EMIIVENT DOMA.IN 31M of the tract af land desired by each af the public bodies and shall inciude provisiot�s for the division of the cost of acquisitian of such' pragerties and all expenses incarred therein. Subd. 3. Procedare. The praceedings in eminent domain for the acquisitian of the Iands sa desired shali be instituted and carried to completian in the names of the parties to the agreement describing the lands each shall acquire but for #he purposes of the pro. ceedings and far ascertaining the damages for the taking, the lands so acc�uired shall be treated as one parcel. Histary: i9Ti c 595 s 2 _ 117AZ [Repealed, 1971 c S95 s 29] 117.025 DEFTNTTIONS. Subdivision i. Words, te►ans, and phrases. Unless the language or context clearly indicates that a different meaning is intended, the words, terms, aud phrases defined in this section have ihe meanings given them. Subd. 2. Taking. Taking and all words and phrases of like impart include every iuterfereuce, under the right of eminent domain, with the possessian, enjoyment, or value of private property. Subd. 3. Owuer. "Ovvner" includes all persons interested in such property as pra- prietors, tenants, Iife estate halders, encumbrancers, or atherwise. History:19T1 c 595 s 3 1l7A3 [Repealed, 1971 c 595 s 29) 117.035 PROCEEDINGS, BY WHOM IlYSTTTUTED. ffsuch property be requiied far any anthorized purpose of the state, the proceeding shall be taken in the name af the state by the attomey general upon request of the offi- cer, board, ar aWer body charged by law with the execution of such purpose; if by a carparation or other body, public or private, authorized by taw to exercise ihe right of eminent domaia, ia its corparate or official name and by the governing body thereaf; and if by an individuat so authorized, in the individual's own name. History: 1971 c 595 s 4; 1986 c 444 117.Q4 [Repealed, 1971 c 595 s 29] ______.�s- 1i7.041 ENTRY FOR SURVEYS. • Far the purpose of making surveys and examin.ations relative to any proceedinSs under this chapter, it shall be lawful to enter upon any Iand, doing na unnecessary dam- age. " Histary:19T1 c S95 s S 117.042 POSSESSION. Whenever the getitioner shall require titte and possession of aIl or part of the awner's progerty prior to the filing of an award by tb.e court appointed cammissioners, ihs petitioner shatl, at least 90 days prior to the date on which possessian is to be taken, natify the awner of the intent to possess by notice served by certified mail and before taking title and possession shall pay to the awner or deposit wittz the caurt an amount equal to petitioner's approved appraisal of value. Amounts degosited with the court shall be paid out under the direciion of the caurt. If it is deemed necessary to deposit the above ainount with the court the petitioner may apply to the court for an order transferring title and possession of the property ar praperties involved from the owner to the petitianer. In atl other cases, petitioner has the right to the title and gossession after the filing of the award by ihe caurt appointed commissianers as follows: e �- ��n a� � appeal : x� , � l �,�'' (b} if apP� ��'�he award. 'The ; � interest bearin '',Nhich the amaun� ` �posited from th� , ��osited. Nattung in th ' Histary:1971 J� 1Sp1986 c 3 art 117,043 COMPE Subdivision 1 don over an emine s�ssion of the pro � (1} the court . �t petitioner has � or (2) the petiti If one of thes of possessian �f t occuPants of af it; and {3) . of a motion unde cnfarcement of a st,wen days. Unle� on the basis of a Subd. 2. Av+ in bad faith, has an order issued i upon appticatiai pant, the attorne Eioner in getting Histary: 191 11fi.045 CONi] Upon succe eminent domau from any c�rnei tted to petition � ing reasonable � such action. Su< cabte provision Policies Act of tory thereof, a� ttte state of Mi Histary: 1! 117.05 [Rej 117.Q55 PE'I. In all case purposes it is � record or knov .� CITY OF MENDOTA HEIGHTS MEMO December 12, 1996 TQ: Mayor, Gity Counci! and City Adminis at� FRQM: Guy Kuilander, Engineering Technician �� � ��• i• • M i f i � w 1 The cantractor. Greenworks, inc., that installed the trees under this year's program has requested an extra � 1,70Ci over their original bid to campensate them for "a disproportionate amount of handwork". (tem No. 15 of the General Requirements for Bidders states "... The trees will be generally lacated ,in the boulevard of the street right-of-way". This is basically the same information provided to bidders for th� past several years and no other cantractor has requested an "extra". The cost for the 65 trees planted this year is $9,240 which is payable in three installments: 90 percent following installation, 5 percenfi July 1, 1997 and the remaining 5 percent after one year which wiU be in November 1997. : •i��l �M; •Pl All af the bidders were aware that tree installation along City streets and baulevards will encounter utility lines and should have anticipated extra handwork on some of the installations. AEso the contractor chose to hand dig most of the holes where as in previous years, other contractars have used mechanical equipment in sirnilar or identical situations. For the above sfiated reasans, t recammend that the Councii not approve extra compensation to this contractor. ✓ �1 _ •1 :_�. ; � If Council wishes to accept the recommendation they should direct staff to issue a check to Greenworks, Inc. To compensate them for the 65 trees installed in accordance with the bid prices submitted by the contractor at the contract specified percentage for the work progress to date. GDK:kkb �reenv�arks, Landscape Contracting October 23, 1996 Mr. Jim Danielson �"'"+.' �.+., 1 { Inc. ' 8940 Greenfield Road • Laretto, MN �5357 • Phane 612.498-7696 Fax 612.49$-7524 Fublic Works Director City of Mendota Heights 1101 Victoria Curve Mendata Heights MN 55118 r � R � � _ �_ ��1T J1TT1: This letter conf`�rms my request for $1,714.OQ to compensate Greenworks ft�r the e�ra iabor necessary #o hand-dig and hand-plant 57 of the 64 trees on your baulevard tree planting praject last week. This char�e is not a usuai occurrence for Greenworks. However, an this project, the locatian of many trees on private praperty and clase pra�mity to utilities necessitated a disproportionate amount of hand-work to prevent both property and uiiiity damage. Please fc�rward this request ta your ne�t council meeting. Sincereiy, m Grygelko e.. December 4, 1996 TO: Mayor, Ciry Council and City Ad s r �om: Jahn Maczka SiTBJECT: Purchase of Turn Out Gear In 1997 the Fire Department has budgeted the replacement of 6 sets of turn out gear. This is part of an an�ual. repl.acement progr�um. It replaces iurn out gear in a b year cycle. Our safety committee was recently inf'ormed that effecti�e December 20th a price increase will go into effect ihat will cause the cost of tura out gear ta rise $65 to $1{}0 per set, aver what we are currently paying for the specified equipment. : M�� ul►�1 ►II cVY�i ►�'i It is my recommendation that we proceed with the ordering af the 6 set of turn out gear for a pnce of $131.04 per set and avoid the $65 to $i00 per set increase, I have talked with City Treasurer, Larry Shaughnessy and he has indicated that there would not be a prablem in placing the arder now and paqing for the turn-out gear with 1997 budgeted dollars. This is particularly true since the equipment will not be delivered for c%se to 90 days. , Y ! � ; .! 11; ! If Council concars with staff recammendation they should authorize staff ta proceed forward with ardering the equipment prior to the December 20th deadline. ie � L �� 0 CITY t3F MENDfJTA HEtGHTS MEMO December 12, 1996 TO: Mayor, City Council and Ci#y �mr istrator � t � FR�M. Guy Kullanderr Engineering Technician �� � SUBJECT: Fire Nall Roof Repair - Inspection Services . . � � . , DISCUS�ION � � . " � . � . � - . , . , � Staff prepared bid dacuments far the replacement of the roof on the Fire Hal[. After reviewing the bids received, City Councii selected Brewatd Roofing to perform all required work to remove the existing membrane raof and insulation and � ta install one exterior roof access stairway, new tapered insutatian and a buitt-up (4 ply felfi & moped asphalt) roof and all new sheetmetal #lashings and trim. Proper instaUation of this type of roof system can result in a roof that lasts 20 to 44 years with periodic maintenance. Staff requested proposals from three firms with extensive experience in managing and inspection roof installations. Project Engineering .and Managment, inc. $1 r758.20 Roof Spec., tnc. $2,000.00 inspect, lnc. � 9 ,24Q.00 : •��s i�, •i � � 1 recommend that the firm of Inspect, Inc. be retained to manage and ' inspect the installation af the Fire �Hall roof. They would also perform all material #esfi required in insuring the specified materials in #he praper proportions are used on the project. ' ACTION REQUIREQ If Council wishes to adopt the recommendatian they shauld direct staff to � -� engage the services of [nspect, Inc. for the sum, not to exceed, of � 1,2CIO.OQ to � �,t provide inspection, management, and testing services for the Fire Hal! roof ' � replacement project. . � I --...•••••••�••• M+++w«Y orourat¢nts: fl�y eod6s o� t�tdens ere r.+_e�.ew.rt e,r,,..#.... ..,�...,.tw�.. ,....,«.....,� F � � r � �/� � FF� w�/ .La/UIE ` � � C�ONS'IRUCIION MANAGIIVINTTT . , * . , TTEM - DESCRIPTION - , . ..� I Se�vioes of Prnject Mana�' to pe�fo�rn in�padion se�vioes of the �ofr�repatt' �x'ooadu�sy . review all ooi�actar's invoioe and submit�ls, and act as ovvr�'s re�ive at ti�e project �, . � . .. . . �-_ � � �� E�cl 30 pa�t-�ur�e hours @ $48.00/hour ` : $1,440.00 � ' •r ` - II Iabor�' Analy� of uew o�udion ASTNL•D3617. F�stimatad 2 sarr�les @ $115.00/sample $230.00 , III 1VI� , - E�sd 300 trn�es @ $0.40h�rule � . _ _ $12A.00 . , . - _ ,. - ., � IV Sa�ior Roa�f Co�ant t,� p�pare final repo�t of � o�dition an�d g�mrli list. Fs�limaied 3 hoius @ $55.00/hour $165.00 V M'�oeDaneoi�s � (film, photos, �, etc.) , , - - Estimated Co� _ $45.00 ES'IIlVtA'IF� 1i0rTAL (,�OSr " $2,a10.a1'� �. * Ih�e to unfarsa� oons6nadian prog��ss with tiie pnoject and scliadule e�sans or red�.�clio�is, the ` estimated to�al may bave t�o be adju.�d aooan�ingl.y. I� ' � 4 c+ . . � . r - � +t a. � ` _ r ; ` + . _ „ i . .e. 1 I�NSPE�,, INC. � sso� ae�ths��t Minneapolis, MN SS422 Ph.612-546�3434 Fax 612-546-$669 S55 Wcst [ayton Ave. 5vite 420 Milwaukee, W[ 53207 Ph.414-744�6962 Fax 414-744�6981 Engineering& Archirectural • services for oofs, pavements, exterior walls, and outdaarsports facilities. November 24, 1996 Mr. Guy Kullander City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 551 i 8 RE: 1997 Reroofing at the Fire Hall Dear A'Ir. Kullander: Thank yau for your interest in our services. The fallowin,g proposal is for periodic inspections and tssting at the above project site. The scape of work woald include a minimurn of two built-up raof samples evaluated in the field and softening point tests for bitumen in use on the project, We wc�uid make three to four site visits during construction and would recommend a preconstruction conference be held with all interested parties prior ta the project start, with a final project review prior to release of final payment. The above work could be dane far a fee not to exceed $1,200. Please iet us know if you require additional information. Very truiy yours, INSPEC, TNC. 5�f�e /Y�f,�;/!/, Steve Mayer SMJkI � CITY OF MENDOTA HEIGHTS MEMO December 12, 1996 T0: Mayor, City Council and City Admi r� FROM: Patrick C. Hallister, Administrative Assistant SUBJECT: Joint CaunciUParks and Recreation Workshop January 14, 1997 Discassion At the Decernber 1 Q, 1996 meeting of the Parks and Recreation Gommission, Staff asked the Commission for advice as to the content and format of the agenda ft�r the jaint CounciUCommission workshop scheduleii far January 14, 199b. The Cammissioners asked that the followirzg parameters be placecl �zpon the warkshop: 1. The workshop should be iimited to two hours in length. 2. No mare than 2Q minutes should be spent on each agenda item in arder to keep the pace maving. 3. Chairman Spicer should chair the meeting. The Commissioners then arrived at the foliowing list of items ta be discussed at the Joint Warkshop, in descending order of impartance {beginning with the most imparta,nt}: 1. The Purpose and Role af the Parks and Recreatian Commission • The Purpose ofthe Special Parks Fund • Controi over the Special Paxks Fund • The Passibility of the Parks Commissian Meeting Less Frequently 2. Open Space Preservation 3. A FuII-Time Recreation Prograrnmer • Future Programming Expectations � Cooperative Recreation Programs with Other Organizations • Cross-Country Ski Trails 4. Meeting Increasing Dernand for Ballfields • Creating New Ballfields • Joint Arrangements with Other Cities, the School District, etc. • Lights at 1VLendakota Ballfield Complex 5. Expansion of the Trail System 6. Staff Workload and the Priority of Parks Projects The Commission also asked that a packet of information be prepared by Staff and provided to each participant in the workshop, including: • the remaining balance of the Special Park Fund • how much of the Special Park Fund will be needed for North Kensington Park • the remaining balance of the Referendum • when the Referendum will be paid in full • a packet of maps indicating significant remaining vacant parcels of land • other relevant information (The Commission also requested that the Parks and Recreation Commission, or at least a representative thereof, be invited to the Joint Workshop between the Planning _ Commission and the Council to discuss the future of the vacated MnDOT right-of-way east of Mendota Plaza on both sides of Highway 110.) Council Action Required Acknowledge notification of the agenda for the joint CounciUParks and Recreation Commission Workshop on January 14, 1997. CITY OF MENDOTA HEIGHTS MEMO December 12, 1996 TO: Mayor, City Council and City Admin�or FROM: James E. Danielson, Public Works Dire t SUBJECT: Delaware Avenue Turn Lane Request DISCIISSION- Based on safety concerns, Council had received citizen requests for adding a south bound right turn lane to Delaware Avenue at Huber Drive. Delaware Avenue is a County Road and would, therefore need County approval and participation in order to complete the work. At the October 15th meeting, Council directed me to forward a letter to the County requesting that the County investigate the need for the work. The County has now responded that they concur that there is a need and will schedule the work to be completed this summer, 1997 (see attached letter). Funding for this work was not budgeted for, however it is eligible for MSA participation. I have informed the County that the City would be covering its share of the costs through MSA funding. RSCONIl�2LNDATION • . I recommend that the City participate with Dakota County in the adding of a right turn lane for south bound traffic entering on to Huber Drive off from Delaware Avenue, and that the City's share of the �osts be paid for out of MSA funds. ACTION REQIIIRED- If Council desires to implement the recommendation they should pass a motion authorizing participation with Dakota County in adding of a right turn lane for south bound traffic entering on to Huber Drive off from Delaware Avenue and that the City's share of the costs be paid for out of MSA funds. DA KO TA CO U 1�l T Y HIGHWAY DEPARTMENT 14955 GALAXIE AVENUE, 3RD FLOOR November 14, 1996 James E. Dani2lsor Public Works Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN. 55118 RE: CSAH 63 (Delaware Ave.) at Huber Drive Dear Mr. Danielson, DAVID L. EVERDS, P.E. COUNTY ENGINEER (612)891-7100 Fax(612)891-7127 APPLE VALLEY, MINNESOTA 55124-85 This is in response to your letter dated October 22, 1996 requesting construction of a southbound right turn lane at the intersection. We agree that this will be a good safety improvement project and propose to include this work in our 1997 construction program. Our preliminary estimate for this work is $50,000 plus right-of-way costs. By County policy, this work is eligible for 55% County costs with the remaining 45% to be funded by the City. When we are able to begin our design, we will forward an , agreement to you for execution by the City. Sincerely, � � �iv�t��. Peter L. Sorenson Traffic Engineer cc: Dave Zech Printed on recycled paper, 20% post-consumer `� AN EQUAL OPPOFTUNITY EMPLOYER `r,' ,� CTTY OF MENDOTA HEIGHTS � December 13, 1996 TO: Mayor, City Council and City Ad ' tar FROM: Patrick G. Hollister, Administrative A.ssistant SUBJECT: Narth Kensington Park Update Discussian The Council had requested an update on improvemez�ts to Nortb Kensington Park. Engineering Technician Guy Kullander submitted the attached Memorandum on the subject ta the Parks and Recreation Comrnissian for their I7ecember i0, 199b meeting. The memc� indicates that expenditures fram the Special Park Fund will be necessary for the improvements to the park. Chairman Spicer said that the assumption all along had been that the Special Park Fund wauld hetp pay for the impravements at Narth Kensington Pazk, The Parks and Recreation Cammission concurred that this represents an appropriate use for #he Special Parks Fund. Please see the attached memorandum from Mr. Kullander. CounciI Aciian Required This is an information item only. � I MEMO To: Parks & Recre�tion Commi�sian From: Guy Kullander, Parks Project Subject: North Kensington Park BACKGROUND , Manager �, � The Park Commission held an open house with the neighborhoods around the park. Imput fram this meeting and from the Citv Council was used b.y Jani Giese, a Student from �he University of Mznnesata School of Archi�ecture, to dvelap a"back yard" design concep� for this park. Pians and specifications were prepared and approved by Council Bids were taken and the low bids were far in excess of the budget allocation for this imp�ovement. A scaled back plan, keeping the planting cancept but eliminated the pond reshaping and grading was develaped by . staff and presented to the City council�and Parks Commission. Approva].s ta proceed �a greperation of plans and specifications and to bid the project were appraved by Council. Funding for the project was t�a be $20,000 in remaining referendum funds and the remaindez to corne fxam the Speczal Park Fund. The original cost estimate was for $25,000 in tatal construction fees, later raised to $30 to $35,000 range. PROJECT STATUS Work on the park was anticipated for the fall of 1995 but due to a lack of staff time rebidding of the original grading plan'was not accomplished before the end of the construction year. The new grading concept plan was prepared in the fall/ winter of 1995I96 and before final plans and bid documents were completed key engineering personel left City employment. A shortage of staEf and o�her projects wi�h higher p�iorities allowed tha.s project to be delayed. Funcling available for the praject catne into question in mid summer when the Ci�y Treasurer reported that instead of $2Q,OOQ remaining in the Referendum Fund the fund was actually $10,000 plus negative cash balance. Campletion of the plan (Drg. #2 /#3) wi11 proceed this winter with biding in February or March with the intention of construction begining in April or May when soil. canditions permit. �J �� � To date cons�ruction cost are approxima�.ely $12,000 for the transportation o� the stane blocks and the construction o� the overlook. The budget �or �he remaining wark is $�,tb;� $6,OOp for prairie grasses and plant�: $5 to ��,aao far trees, shrubs, and planting beds: $2,000 for placing stane blocks �or benches and walls, and $3,000 for regular sod and turf areas. Tatal constructian casts should be around $28 or $29,000. AGTION REQUIRED I� the Commission wishes to proceed with the completion of this project as outlined above knowing that all costs will come from the Special Park Fund they indicate there approval of allocating Speaial Park Funds for all remaining casts of this proj ect. Nate: Attached for the Commissioners are concept graphics showing shoraing Joni Giese's original concept (Drg. #1), and the sta�f alternate plan {Drg.s .#2 &#3? wi�h �he reduced grading and pond reshaping. CLAR�MONT URIVB .�ALE= 1''so'. 'SEI 0' Sfl M0� 15d 0 r Me�ra . HE�4�tTs Ro,�ti �n . . c uNt WoOvs� , • . .�J S� ��-, \ .� DRG. #1 Original Concept Plan Develope' �y Joni Giese � � � ...- �„ .-" � �.. 4RA'PE T�Pi;�1�A��E '�cJALE At�ori�s�q� '?�.T�-t P•n�D �uT To �Potsl� � � �cts�tNt, 'PoroD 6�ONN�S i`1_. - E,ns'c�nq � �-- — — — — — — �"a '�,!./r.'- � �- � ��A �b t2 '[O j�tt pc.��s�'ru6RSN � �M�1z�,�ia-t- `I�t�t�TS � -�7",., Hdl �_4Hrs ROA9 , ,�. DRG� #2 Staf� Grading P1an With No Pond Grading i t • yi � � � � C, ,' � • • i' �` i � °y �` . . ; � � s . �� �',,, . . ; � 's �is,�•,� ��,, , • � �,o,, j •;�` F,yT. ..�, .. . � ,, .� � . , `1 , �� .� • ��� . �� � . . •� �� �,_,,,......,,_.,..—�"""'�. • ^� tM1„t r�� 1 �` � C• ,�.r„y • .`,, —.� . �1• ♦ e � \ _ „y�,�( u�E.S��^"" . "v�•� . • • �r� � `�` � � L � � ' �s.� . . ti , , • � .. ME1�/porA � HElQNTS tLa�.0 . � ' : ' �.( . . ;� 'C.1 !• � NP���HL `Ut� ♦ • �..���� f (�.� 6 � � w��; • . +�•�`..Y 1ii . . �. Er."'iSta. i� ' � . . . :�d�" .� �[s iti . Et1.VE0._ ,.-., '. yyoo0? t! . ,���*,� : • :�i • 7 �. � � , ,j �� .. ;;� � ' . R�wA� ,; -, y� 6K..: , ' • ,`tOK�� `'r ;` �Y � ?H 'j -t''��•SS�' . � � ti � ` • � �� . . . � �.. '�c ` : � bZ �`'� � �#. ' . �� 3 � 1WAM� � . . . � • •`� � � � ,t ♦ . � �a� ^� pA , 7 � '� +�. `F^,',. � . . � • �� � � f:'p :, a+Y. :r`' ♦ " ,:LM� . . :t" � � 0'� �r "�'� •� }Ft :�"�M' OC p• � T �'S ! � �,, A �;}i+`e f �t.���. � '� � ,' ' . �" � %ti..,,, , `•� �`` ' �y .+ i.:� ' �� 's� .� . � • . ��, .�, � . �. � . � � � � `� bHGKf GRRSS ' G1.^R �T 9RtVE. ' '`. ' ts�ntta� ' � �„ � . . �.M � � � . . ' . . , . � . • • , ' . ��`.. `. � ` . � A � c�ssvas.x , . • . '"'� . � . .� r ` � � �i � � ♦` . � . :� �, +�. . �. � ' ' . .�. • • ' .9 . . � . . . . �.. .• ��,�:,•-S�'� _ . , . ' Staff Plan After � � . DRG� 3 E�i�inating pand . ,� rs� . . . % With aria �� � Gxading �. �r • Ele� ''` •• • planting CTTY OF MENDOTA HEIGHTS December 12, 1996 TO: Mayor, City Council, and City Ad ''�ia�'cx` FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Planning Case No. 96-26: Paul Beckamann, 1882 South Lane Discussion The City Cauncil of the City af Mendota Heights, at their regular meeting on December 3, 199b, voted 5-0 to continue discusszan of Mr. Beckmann's application for a Variance (Flanning Case # 96-26) to their January 21, 1996 meeting. This was done in order to provide Mr. Beckmann's consultant time to provide the necessary information to the City's own consultant. To this end, the Council formally acknowledged the letter fi-om Mr. Beckmann's attorney waiving the i20-day review period until #he end af January 1997. The 120-day review period far this application would have expired on December 12, 1996 were it not for this letter. ." The Council and Mr. Beckmann's attarney reached a verbal agreement at the Council meeting on the evening of December 3, 1996 that Mr. Beckrnann wauld be vctilling to e�end the review af this application to February 20, 1997. Mr. Beckmann's attorney also agreed to pravide this cansent in writing. Please see the attached letter stating that Mr. Beckmann consents to an extension of the review of this application and waives his right ta a decision an this application until February 20, 1997. (The Cauncil also vated to retain the services of Dr. Dubois, com�nunications interference expert, or a simitarly qualified person, to review the possibility of interference with electronic devices used by Mr. Beckmann's neighbors. Staffhas submitted information ta Mr. Dubois.} Council Action Required Acknowledge receipt of the attached letter from Mr. Beckmann's attorney stating that Mr. Beckmann cansents to an e�ension of ths review af this appfication and waives his righi ta a decision on this application until February 20, 1997. � .10HN B. BELLOWS��Ft��(�` � �`" ATTQRNEY AT LAW � ��� 9� Vqe � �,��� <w "'�'a ��� "pe.`� December 5, 1996 Mayor Charles E. Mertensotto City Councii of Mendota Heigh#s 1109 Victaria Curve Mendota Heigh#s, MN 55118 Re: Beckmann Antenna Tower Height Variance Case Number. 96-26 Dear Mayor Mertensotta and Councii Members: 6i}O CAPITAL CEt+tTRE 386 WA6ASHA STREE7 NORTH SAINT PAUL, M�NNEso'r�+, 55102 (6i2) 22�-$i5i As discussed in the cauncil mee#ing of December 2� 199fi, Mr. Beckman has asked me #o request that the City e�end the 920 day period for acting on the abave application to February 20, 9 997. This letter is a formal request to extend fhe period which the counci! may ac# to February 20, 1997. Should you require any additiona! informa#ron, please advise. Yours truly, / �►, �,��- !4 ` '`;�'�'.,�� . ! . .� i . .. � * �� � � � �� f� 1 December 12, 19�6 • M '• : Mayor, City Council and City Adm �i� tor Tom Olund, Public woxks Superintendent 1� Truck for Stareet Department As part of the 1996 budget process, $30,0{}0 was appraved for the purchase af a one-ton truck with dump body for the Street Department. This new truck is to replace 3C}l which is a 1986 Ford one-ton that is extremely wom. Recently this vehicle has been a high maintenance vehicle rec�uiring six major transmissian repairs and numerous other minor repairs. The follawing quatatians were received: UUlVIP BOX (taz�, included) Supplier: Bid: 7 Craft $11,226.3� Aspen Equipment $13,p19.5p Mac Queen Equipment $14,128.8p 19�'7 TRUCK CHASSIS Supplier: 7eff Belzers Chevrolet Grossman Chevrolet Anow Pontiac G.M.C. � K� �i��t1 �I� o�IM�i� Base Bid: (-} 1'rade-In (+}Tag $22,755.00 $7,540.00 $ 991.58 $24,675.58 $2,SOt}.QO $1,161.9� $19,500.00 $ 0 $1,127.50 {=)Tatal Bid $16,246.5$ $19,Q37.49 $2p,767.50 I recommend that Council accept all the above bids and awazd pnrchase orders to the following low bidding companies; DUMP B4X J. Craft $11,226.3'7 : M 1 � :_ � !�� --� TRUCK C�[ASSIS Jeff Belzers Chevrolet Total: $16,246.58 $27,472.95 If Council desires to iumplement tlne recornmendation they should pass a motion autharizing staff to prepare purchase arders to 7-Graft for their low bid amount of $11,226.37 £or a dump bady and to Jeff Belzers Chevrolet for tlleir low bid of $16,246.58 for the truck chassis. CTTY OF MENDOTA HEIGHTS MEMO December 12, 1996 � TO: Mayor, City Counci.l, and City A atar FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Communications Antennae and Apparatus Moratorium Discussion The City �ouncii passed a ane-year moratorium on all pianning applicatians and requests to erect cellular or PCS antennae or apparatus ar other communications antennae or apparatus within the City af Mendota Heights at their regular meeting on December 3, 1996. The Cauncil also directed Staff to draft language for a Resolution to this effect for formal ratification at the December 17, 199b City Cauncii meeting. This moratorium is intended to provide tirne for the Council to draft and enact an Ordinance gavernir�g the placement of Cellular/PCS antennae and appazaius within the City. The Council intends to have this Ordinance enacted sometime next year. Councii Action Required Adopt ihe attached RESt3LUTION 96- : A RES4LUTION ADOPTING A CO1��IM[JNICATIONS ANT�NNAE AND APPARATUS MORAT0�IUM, making any changes if necessary. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 96- : A RESOLUTION ADOPTING A COMMUNICATIONS ANTENNAE AND APPARATUS MORATORIUM WHEREAS, in the interest of public health, safety and welfare, the City of Mendota Heights desires to write and enact an Ordinance governing the placement of communications antennae and apparatus within the City of Mendota Heights, and WHEREAS, a sufficient length of time is necessary in order to research and discuss this issue to devise an Ordinance which adequately addresses this technology. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mendota Heights on this 17th day of December, 1996 that a communications antennae and apparatus Moratorium is hereby declared within the City of Mendota Heights, which sha11 refuse any applications or requests to place Cellulaz, PCS, or other communications antennae or apparatus within the City for a one-year period commencing December 3, 1996 and ternunating December 3, 1997, or ternunating at such time as the Council has adopted an Ordinance regulating the placement of such equipment and has passed a formal motion ending the Moratorium. . � BE IT FURTHER RESOLVED that this Moratorium does not apply to the two Planning Cases under review by the City at the moment of passage of this Resolution, specifically Planning Case No. 96-26 (Paul Beckmann) and Planning Case No. 96-33 (Sprint/SBA). Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1996. SIGN: ATTEST: Charles E. Mertensotto, Mayor Kathleen M. Swanson, City Clerk � � CTI`Y OF MENDOTA HEIGHTS ►�� December 12, 1996 TO: Mayor, City Council, and City Admi ' t t�� FROM: Patrick C. Hallister, Administrative Assistant SUBJECT: Summer Under the Sun Discussion Bev Fritz of ISD 197 Community Education appeared before the Parks and Recreation Cornmission at their December 10, 1996 meeting to request that the City match West Saint Paul's contributian to the Summer Under the Sun prograzn for 1996. Ms. Fritz says that West Saint Pau1 has contributed $2,}30,20 far 1996, and thus she is asking for a matching cantributian from the City af Mendota Heights. The Gity of Mendota Heights has budgeted $300Q/year for the last several yeazs to help fund the Summer Under the Sun program, formerly knoum as Summer Adventure. The City has budgeted to assist this program for the summer of 1996. Summer Under the Sun has been operating this summer under the assumption that Mendota Heights would once again match West Saint Paul's contribution af $2,93Q.24. I7ntil last year, this fiznding had been contingent upon two conditions: 1. that the City of West Saint Paul continue ta participate in the program, and 2. thai the Summer Under the Sun pragram submit an Evaluation Report to the City at the end of each summer. At the 7une 1 l, 1996 meeting of the Parks and Recreation Commissian, the Cammission voted ta recammend that the Cauncil continue to fiznd this program an a year-to-year basis at a level cammensurate with the levet of involvement of Mendota Heights children far 1997 and beyond, with an annual ceiling of $3,000. The moiion passed on a S-0 vate with one absence and one e�ctension. For the sake of discussion Staffpresented a second hypothetical funding scenario foar this year ta the Parks Commission at the December 10, 1996 meeting, which wauid have been to match West Saint Paul's per child contnbution of $40.70 which, when applied to the total number of Mendota Heights children involved in the pragram, would total $1,953.60. This second option would have been in keeping with the Pazks and Recreation Commission's recommendation in June of this year, and may have pravided an incentive to � the program to involve more Mendata Heights kids. The foilowing chart autlines the two funding scenarios for this year. Funding Source West Saint Faul Mendata Heights (1} Mendota Heights {2) Totai Funding 1996 $2,93Q.20 $2,930.20 $1,953.60 # Children Involved 72 48 48 Fundin,g/Child $40.'70 $61.pS $40.70 Attached is the fallowing: 1. A cover letter from Bev Fritz 2. An Evaluation Report of the 1996 Surnmer Under the Sun program 3. An invoice for payment for the 1996 Summer Under the Sun program (Note that although Ms. Fritz's requests the amount of $2,930.2Q, the invoice only asks for $2,830. Staffhas verified from Bev Fritz that $2,930.20 is the conect figure.) Ms. Fritz says that there is a possibility that the entire program may move to Sibiey H'igh School beginning in 1997, since the "community center" in West Saint Paul is scheduled to be torn down. Ms, Fritz anticipates that more Mendota Heights chiidren v�rill be in�olved in the pragTam once it has moved to Sibley H'igh Schoal. Please also note that the budget line for this program for next year has been reduced to $1,540. Recommendation 4n December i0, 1996, the Parks and Recreation Co�r�nissian recammended that the Council approve the matching contributian to 5ummer Under the Sun for $2,930.20 for i 99b, and make no comnutment ta funding the program for 1991 or beyond until Ms. Fritz or another representative from ISD 197 Community Education returns to the Parks and Recreation Co�rimission sometime early next year to explain the fitture of the program. The recommendatian was unanimous, with all seven Commissioners voting. Council Action Required Tf the Council concurs with the Parks and Recreation Comnnissian's recommendation, it shauld pass a mation authorizing Staffto make this payrnent of $2,930.20 to ISD 197 Community Education far the 1996 Summer Under the Sun program. � -��J�11L9 � Beverly Frit� r� Director of Community Education NOV ,� � 199� (��2}405-2484� (61zj452-1527 � ..�...._.__._..__.------ .. MEM4RANDUM T�O: City af Mendota. Heights cIo Kevin Batchelder FR4M: Beverly Fritz RE: Rep�rt on 199 Summer Under the Sun DATE: November 1.3, 1996 This year marks the third summer Independent School District 197 Carnmunity Education and Dodge Nature Center have collaborated. along with the City of West St. Panl and the City of Mendota. Heights to provide a joint program far children who have just completed kindergarten through eighth grade (sixth through eighth graders serving as junior camp counselors). Summer Under the Sun again provided parents with the option ta sign their children up far a full day of programming beginning at $ a.m. and cancluding at 5 p.m. or the options af marnings only at Daige Nature Center or afternoons only at Cnass Middle School {Community Education}. Again we offered three two-week sessions with the first session beginning an June 17th and the thixd session concluding on July 25th. Throaghout these six weeks we had 82 students enrolled 'zn the da.y-Iang program and 73 students enrolled far the afternaon only. Altogether 2q students er�rolled for all three sessians with a total of 31% listing Mendota Heights as the city of residence. In addition to the field trips and the special presentations that were provided for each session we were able to provide the children wirh t�iree daiiy enrichment classes. These enrichment classes consisted of science, drama, and alternating physical education and computer classes. Lead by tiu�ee very experienced teachers these classes provided hands on e��periences to learning and were highly successful. In the evaluatians for the afternaon program 81% of thase responding felt the overall impression of the program was excellen� For your information I have attached the summary af the parentJguardian evaluarions far 1996. The West S�. Paul Parks and Recreation again this summez has paid the salaries and benefits far the Group Leader positions who also fulfill the morning pre-school playgraund positions. Bazb Kasal fram the West S� F�ul Parks and Recreation has natified me that they contributed $2,930.20 for the afternoon Group Leader salaries. T'he overa,ll expenses (not including staff employed by West S�. Paul Fazks and Recreation) for Community Education was $8,9Q7.47. Salaries and benefits account for $7,298.48. It is my understancling that again this summer the arrangement with Mendota Heights will be to cantinue to reimburse ISD 19� for the same amount West S� Paul has contributed for staff salaries. Therefare, I have also attached an invoice for your records. Please feel free to contact me if you should have further qnesrions regarding the Summer Under the Sun pragram. . � �. SESSIONI N=19 1=Needs Impravement; 2=Sadsfactory; 3=Excellent The 'N" represents the number of people who responded W the evaluation, not the actual number enrolled. I2ANK]'NG 1 2 3 instructors 19 drama 2 5 12 Phy Ed/Computer 1 I 17 Science 1 5 13 Swimming 1 18 Gmup AcL 1 7 11 Extravaganza 2 7 10 Field Trip 2 1 16 Ovesall 2 17 f.,rade K i 2-3 45 6-8 5 9 3 2 School Mendota Moreland Pilot Knob St. Joseph Sk. Michael Grass Garlough Somerset Other 14 1 4 1 1 2 City Eagan M�n@ota Hts. West St. Paui Other 13 4 2 How aware CE Bro./F1yei Frie.nd Newspaper podge Other of pragram 17 1 i Duration of tao shorE just right toa long session 3 16 Separately Together Registradon 3 16 p�rocedure Yes Na Enrolt Again? 28 1 Suggest? 18 1 2 Weeks 3 Weeks Preferred 12 7 length of session Yes Na Awaze Dodge AM? 16 3 Emali Docige? lb 3 SESSIONII N=1$ 1=Needs Improvament; 2=Sacisfactary; 3=Excellent The 'N" represents tha number of people who respanded to the evaluatian, not the actual number enrolled. RANKTNG instructors 3 14 drama 1 6 1 i Fhy EdJComputer 3 3 12 Sciencc 2 $ 8 Swimrning 4 14 Group Act. 1 8 8 Extravaganza 1 5 9 �etd Trip 3 15 {7verall 4 I4 Grade K-1 2 3 4-5 S-8 7 5 3 2 School Mendota Moreland Pilot Knob St. Joseph St. Michael Grass Garlough Somerset Other 1 3 5 3 2 2 City Eagan Mendota Hts. West St. Paul Orher 4 10 3 How awaze CB Bro./Flyei Friaid Newspaper podge Other of program - 13 3 1 Duration of toa short just right taa iong session 4 13 Separately Together Regisrra6on 3 b procedure Yes No Enroll Again? Ib Suggest? 16 1 2 Weeks 3 Weeks Preferrred 13 4 length of session Yes Na Aware I7adge AM? 13 1 Enroll llndge? 3 9 SESSIONIII N=17 1=Needs Improvement; 2=Sadsfactory; 3=Excellent The 'N" represents the number of peaple who resptanded to the evaluation, not the actual number enrolled. RANKWG inscructors 4 12 drama 3 14 Phy EcifComputer 1 4 11 Science 8 9 Swinuning 17 Group Ac�. 1 3 13 Exiravaganza 1 4 11 F'isld Trip 7 pverall 4 13 Grade K-1 2 3 45 6-8 5 7 3 1 $chool Mendota Mareland Pilot Knab St. Joseph St. Michael Grass Garlough Somerset Other 4 2 1 3 1 2 2 2 City Eagan Mendota Hts. West St. Paul t)ther 5 8 4 How aware CE Bro./F1yei Fziend Newspaper Dadge Other of grograrn IS 1 1 D�ation of too short jusE right too Iong session 2 15 Separately Together Registration 3 $ piocedure Yes No Enrall Again? 16 Suggest? 15 1 2 Weeks 3 Weeks Ptefeired iI 4 length of session Yes No Aware Dodge AM? 13 3 Enrali Dodge? 7 5 1 •,>,n.�� � M � � � , r i '� � ���.�. l , �1�� ; � ���.�ii�t Z�S��. : " • s � • • ����� ��/� . �t•��,+- . z�� � �. . GOMM1JlYIT� EDUCATION' 1300 Mendota Heights Road Mendota Heights, MN 55120 612) 681-2389 • Fag 686-5501 INVOICE NQ. 19964 December 4, 1996 TO: City of Mendota Heights 11U1 Victoria Curve Mendota Heights, NIlV 55118 Matched fuuds payment far 1996 Summer Under the Sun Program ta assist in paying staff salaries. REMIT TO; Community Education 1300 Mendota Heights Road Mendota Heights, MN 55I20 Make check payable to: ISD 197 Due: - Upon Receipt . TOTAL DUE $2,830.20 � � - Thank vou! a DISTRICT OFFICES • IH97 DELAWARE AVENUE • MENDOTA HEIGHTS, MINN�SOTA • �JrJ�.�H (612) 681-2300 FAX (612) 681-9102 TDD (612) 452-1537 SFRVINC WEST $T. PAUL, IVIENDOTA HEIGIITB, �AGAN, MENUOTA, SUNFISII LAKE, L14YDALE, AND INVER �ROVF. HGIGII'fS CITY OF MENDOTA HEIGHTS Llecember 12, 1996 l� TO: Mayor, City Council, and City Admi *� r FROM: Patrick G. Hollister, Administrative Assistant SUBJECT: Planning Case No. 95-33: SBA, Inc. Conditional Use Perntit Discussion The City Counci� on December 3, 199b, voted ta approve a Canditional Use Permit for SBA an behalf of Sprint to place PCS communications apparatus on the exterior wall af Henry Sibley H'igh Schoal as presented to the Council on the evening of December 3, 1996 by SBA and as on file in Planning Case File Na. 96-33, with the following exceptions and canditions: l. No mare than 12 total antennae wili be placed by SBAISprint on the e�cterior wall of the High Schaol and all said antennae must be located on the e}rterior wall in the exact iocations indicated in SBA's application on file with #he City. 2. None of the twelve antennae placed by SBA/Sprint on the ea�terior wa11 of the High School are permitted to protnzde above that portion ofthe building Qnto which they are affixed. 3. Aii antennae placed on the exterior wall by SBA/Sprint must be flush maunted to the wall and painted the color of the side af the building to which they are affixed in order to camouflage the antennae to the greatest e�ent possible. 4. SBA1Sprint and the Gity af Mendota Heights shall sign a Developer's Agreement identical in a11 applicable respects to the Developer's Agreement recently enacted for SBA/Sprint's apparatus on the Municipal Water Tower, as well as an accampanying Site Plan. 5. Identical sets af full documentation that there are no significant health cancerns associated with these antennae shall be provided to both the City and Independent School District #197. 6. An expanded summary of the results of the intermodulatian study shall be provided to both the City and Independent School District #197. � The Council had asked for the attached Resolution and Developer's agreement to be placed on the Consent Agenda for the December 17, 1996 meeting. SBA has also submitted the attached items in response to conditions #5 and #6 above. (Please note that because of its size, only the cover letter addressing the health concerns has been attached to this memorandum. The complete report is available in a three-ring binder at City Hall for anyone wishing to review it.) Staff has reviewed the attached Developer's Agreement and believes it to be substantively equivalent in regards to intermodulation to the previous agreements with Sprint on the water tower and US West on Sibley High School. Council Action Required Review the attached resolution for accuracy and intent and then if the Council wishes to proceed with allowing SBA to place its apparatus on the roof of Sibley High School, it should pass a motion adopting the attached RESOLUTION 96- : A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO SBA FOR PCS APPARATUS ON HENRY SIBLEY HIGH SCHOOL, and authorize the Mayor and City Clerk to execute the attached Developer's Agreement. !� � � :e � CITY Q►F MENDCITA HEIGHTS DAKOTA CQUNTY,IIIINNESQTA RESOLUTI4N 36- : A RES4LUTION GRANZ'Il�1'G A CQNDTTIQlYAL USE PE�t1VIIT TO SBA FOR PCS AFPARATUS ON HENRY SIBLEY ffiGH SCHOOL. WHEREAS, SprintlSBA has proposed to place PCS apparatus on the roof af Henry Sibley Senior High School; and WHEREAS, The City Council of the City of Mendata Heights considers such apparatus to be an accessary use ta the primary �ss of a school; and WHEREAS, SprintlSBA has agreed #o enter inta a I}eveloper's Agreement ta guarantee non-interference with other carnmunications systems, NOW, THEREFQRE, BE TT RESOLVED by the City Council of the City of Mendata Heights on this I7th day ofDecember, I99b that a Conditianat Use Pernut £ar SBA on behalf of Sprint ta place PCS communications apparatus on the exterior wall of Henry Sibley High Schoal as presented to the Council on the evening af December 3, 1996 by SBA and as an file in Planning Case File No. 96-33, is hereby granted with the following exceptians and conditions: l. No more than I2 tatai antennae will be placed by SBAISprint on the exterior wall of the H'igh School and a11 said antennae rnust be located an the e�cterior wall in the exaet locatians indicated in SBA's application on fiIe with the City. 2. Nane of ihe twelve antennae piaced by SBAISprint on the e�erior wall of the H'igh School are permitted to protrude abave that portion ofthe building onto which they are affixed. 3, AlI antennae placed on the e�erior wall by SBAJSprint must be flush maunted to the wa11 and painted the color of the side of the building to which they are a#�xed in order to camouflage the antennae to the greatest extent possible. 4. SBA/Sprint and the City af Mendota Heights sha11 sign a Developer's Agreement identical in all appficable respects to the Devetoper's Agreemsnt recently enacted for SBAJSprint's apparatus on the Municipal Water Tower, as well as an accompanying Site Plan. 5. Id�entica.l sets of full documentation that there are no significant health cancerns � associated with these antennae shall be provided to both the City and Independent School District #197. m 6. An expanded summary of the results of the intermodulation study sha11 be provided to both the City and Independent School District #197. Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1996. SIGN: ATTEST: Charles E. Mertensotto, Mayor Kathleen M. Swanson, City Clerk � Sprint �PCS 29{�0 Lone Oak Parkway, Suite 140 Eagan, Minnesota 55121 December 6, 199b Mr. James I3anielson Public Works Director City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minn. 55118-4167 Dear Mr, Danielson; Following up on the Council meeting of Tuesday evening attached are a letter to the Mayor and City Council providing mare background on the intermadu].ation study, a Ietter to the Mayor and City Couneil in a three ring binder with attachments addressing health concerns related to electromagnetic field and the Site Flan and Aevelopment Agreement modif'ied to reflect required changes pointed out by the Planning Commissian. We are in the process of having copies of the Agreement executed by the appropriate person in aur off'ice and will forward thase to yau for City executian shortly. If we can provide addirional infarmation to address cancerns of the City � please call. S' cere�y , avid Hage , ro rty pecialist Enclosures: December 4, 1996 letter to Mayar and City Council on intermodulation study Three ring binder containing December 4, 199Ca letter to Mayor and City Council and attachments addressing health affects of electro magnetic ixeld Site Plan and Development Agreement � 1 ST�'� PLAN AND DEVELOPMENT" AGREEMENT This Agreement is made and entered i�nto effective as of this day of , 19 , by and between the CITY OP MENDOTA HEIGHTS, a Minnesota municipal corporation (the "City") and Sprint Spectrum, L.P. ("Sprint PCS"} and ait of its successors or assigns. RECITALS: ��7:�'EREAS, Sprint PCS has beeza approved to place PCS apparat�s on the raof and upper �ortions af extenar walls af Henry Sibley Senior �iigh School, NOW, Ti�EREFORE, in consideration of the mutual covenants, promises and abli�at�ons t�f th� parties hereto set farth herezn, it is her�by a�reed as fotiows: 1. City Approvals: Subject to the terms and conditions af this Agreement, the City hereby �ants a Conditional Use Perm.it to Sprint PCS far the placement af PCS ec�uipment an the roof aud upper portians o£ exteriar walls of Sibley Hi�h Schaol. 2. Apprayed Plans: Spriat PCS agrees that its PCS appart�te�s to be erected and operated at Henry Sibley High School sha11 bc developed, construct�d, us�d and maintained in acec�rdanc� with the drawings, P�aIIS dIIa t�OCui3l�nts COntained III tiie Cily's Planning File No. 96-33 (collcctivcly, the "A�proved Plans"�: �;� " There shall be no material changes in th� Approv�d Plaus without the prior written consent o£the City. T.Tpon compleiion of the installation o€the PCS equipment, Sprint PCS shall certify in writing to the City that th� PCS equipment has been developed and constructed strictiy in accordance with the Approved Pians. Sprint PCS a�rees to canstruct the Project, subject to the terms and canditions set forth h�rein and in Appendix strictly in accordance with the Approved Pla,ns. "Project" shall be canstrued ta mean Sprint PCS' antennas and all rclaied equipment. 3. Maintenance: Sprint PCS shal� properly maintain the antenna equipment and penthause exterior for aesthetic and safety reasons. 4. Radio Frequeacy Interfezence: a. In the event Sprint PCS' use of the Prea�i.ses is reasonably believed by City to be causing radio frequency interference ("Interference"), Sprint PCS will upon notice as provzded in Para�aph 4{b} belaw by City to Sprint PCS, conduct investigations and testing as necessary to deternune if Sprint PCS' Antenna Facilities are causing such intezference {hereinafter referred to as "Testing"�. City may, in its notice to Spriut PCS, include a requirement that a representative ofthe City b� �resent at a11 on-site testinb and Page i Sprint PCS shall conduct such Testing in accordance with said request, subject to paragraph 4(d). If Interference cannot be eliminated within two business days of the receipt of said notice from City to Sprint PCS, then Sprint PCS shall discontinue transmitting on those frequencies which City believes to be causing interference except: (1) if Sprint PCS is able to reasonably demonstrate to Ciry's satisfaction, which satisfaction shall not be unreasonably withheld, that said frequencies are not causing or materially contributing to Interference or; (2) for purposes of intermittent operation or testing after performing such maintenance, repair, modification, replacement or other action for the purpose of correcting Interference or; (3) as otherwise provided below. b. All other provisions of the Conditional Use Permit to the contrary notwithstanding, any notice by City to Sprint PCS of Interference that City reasonably believes to be caused by Sprint PCS shall conform to the following requirements: (1) such notice shall be sent by facsimile transmission, hand delivered or delivered overnight mail where a signature is required for the receipt thereof, (2) receipt of such notice will be considered that time at which Sprint PCS is actually in possession of such notice, or has signed for its receipt, (3) such notice shall contain the name and phone number of Yhe user experiencing Interference, the frequency on which Interference is occurring, the date that the frequency was placed into operation, the date and nature of the last modification of any kind to that user's equipment, a complete description of the type, location and power levels of that user's equipment and of the nature and times of the Interference, the frequency of Sprint PCS reasonably believed to be causing Interference, and a statement describing the basis of said belief. c. Except as provided herein, if City notifies Sprint PCS as provided in Paragraph 4(b) above of radio frequency Interference which is not eliminated or shown not to be caused by or materially contributed to by Sprint PCS' frequency within thirty (30) days of said notice, then City may terminate this Conditional Use Permit without further obligation by either party. d. In the event Testing requires access to and use of the equipment of other users of the Properry or the presence of City as provided in Paragraph 4(a) above, City agrees to coordinate such cooperative efforts as are reasonably required for Sprint PCS to secure same. The time limits for Sprint PCS' discontinuance of frequency use in Paragraph 4(c) above shall be extended as necessary to secure said cooperative efforts and to the same extent as any delay in securing same. e. In the event Sprint PCS clearly demonstrates the primary cause of Interference to be the equipment or property of City or of another user which is (1) malfunctioning, (2) functioning outside of its manufacturer's specifications, (3) does not meet FCC rules, regulations, or guidelines, or (4) does not comply with the Site Standards (said equipment being hereinafter referred to as "Defective Equipment"), Sprint PCS shall not be obligated in any way to discontinue use or operation of its Antenna Facilities or frequencies. In such event, Sprint PCS will not be held liable in any way to participate in the cost of correcting or modifying Defective Equipment, nor to Page 2 conduct further testing or investigations at its own expense, nor be held further obligated under or in default of this Paragraph 4, whether or not interference continues. f. In the event Sprint PCS cleazly demonstrates that said Interference could be eliminated by the modification of City's or another user's equipment and/or appurtenances thereto which do not fall under any of the categories in Paragraph 4(e) above and which were placed into service before Sprint PCS began transmitting on the frequencies causing or materially contributing to said InterFerence (hereinafter referred to as "Non-Defective Equipment") Sprint PCS shall, at its option, either (1), permanently discontinue use of its frequency so causing or contributing or (2), modify said Non- Defective Equipment at Sprint PCS' expense with the consent of the City and/or other use. City's consent will not be unreasonably withheld and City will use reasonable efforts to obtain the consent of any other users. g. In the event Sprint PCS reasonably determines that Interference is caused or materially contributed to by the condition or configuration of properry or materials not owned or operated by Sprint PCS which aze also not considered radio equipment or any appurtenance thereto, Sprint PCS shall not be obligated to modify or repair said properry or materials or to discontinue use of Sprint PCS' Frequencies (Band A channel frequencies). However, if Sprint PCS' Frequencies are also a materially contributing component of Interference and the frequency and equipment experiencing interference was placed into service and modified or altered prior, but not subsequent to Sprint PCS' Frequencies being placed into service, then Sprint PCS will either discontinue use of the frequency so contributing, provided said discontinuance causes the substantial elimination of Interference, or will modify either Sprint's equipment or the equipment with which Sprint's broadcasts are interfering at Sprint's expense. h. In the event Sprint PCS reasonably determines Sprint PCS' Frequencies are a component of Interference, which Interference is also materially contributed to by another user's equipment or frequency which has been installed, altered, repaired, or modified in any way that is responsible for said material contribution and said installation, alteration, repair or modification was done subsequent to Sprint PCS' Frequencies being placed into service, Sprint PCS shall have no obligation under this paragraph 4, or for modification of its own Antenna facilities or their use, or to modify the equipment of other users and shall not be considered in default of the Conditional Use Permit even if Interference continues. i. Any provision of the Conditional Use Permit to the contrary notwithstanding Sprint PCS shall not be obligated to modify, replace, repair or alter the equipment of another FCC licensed provider of PCS service whether said equipment is Defective or non-Defective, provided that this paragraph 4(I) does not relieve Sprint PCS of its responsibility to eliminate Interference as otherwise provided herein. Page 3 ` j. City warrants that it will exercise its best efforts to insure that any future companies providing FCC licensed PCS service share equally with Sprint PCS in the burden of elimination of interference as provided herein. k. Except as provided in this Paragraph 4, Sprint PCS shall have no obligation nor be held in default of this Conditional Use Permit for reason of or relating to radio frequency interference. 5. No Waiver: No remedy being conferred upon or reserved to the City of Sprint PCS is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and sha11 be in addition to every other remedy given under this Agreement or not or hereafter existing at law or in equity or by statute. No deny or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 6. Except as otherwise expressly provided for in this Agreement, a notice, demand or other communication by either party to the other party hereunder shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, or sent by facsimile, as follows, or to such other address as such parry shall advise the others in writing as hereinafter set forth from time to time. (1) If to the City, to: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Attn: City Administrator (612) 452-1850 Fax: 452-8940 (2) If to Sprint PCS, to: Sprint PCS 2900 Lone Oak Parkway, Suite 140 Eagan, MN 55121 7. Indemnification: Sprint PCS agrees, that anything to the contrary herein notwithstanding, the City and its agents, officers, council members, employees and legal Page 4 counsel shall not be liable or responsible in any manner to Sprint PCS, its contractors, material suppliers, laborers, or to any other person or persons whatsoever, for any claim, demand, damages, actions or cause of action, of any kind or character arising out of or by reason of the execution of this Agreement, the transaction contemplated hereby, the acquisition construction, installation, ownership and operation of the Project, or any public improvements relating thereto. Sprint PCS will indemnify and save the City harmless from any and all claims, demands, damages, actions or causes of action, or the cost of disbursements and the expenses of defending the same, specifically including, without intending to limit the categories of such costs, costs and expenses for City administrative time and labor, costs of engineering and planning services, and costs of a11 legal services rendered, and other direct out-of-pocket expenses incurred, in connection with defending such claims as may be brought against the City for acts, allegedly directly or indirectly relating to, occurring at or about, or resulting or arising from the Project in any way whatsoever, unless such claims or damages are caused solely by the negligence or willful acts of the City, its agents, officers or employees. 8. Governing Law: The City and Developer agree that this Agreement shall be governed by and constructed in accordance with the laws of the State of Minnesota. 9. Successors and Assign: The covenants, duties and obligations of the parties hereto shall run with the apparatus and shall be binding upon the respective heirs, successors and assigns of the respective parties hereto. 10. Severability: If any provision of this Agreement be found invalid due to State or Federal law, such a finding shall not invalidate other provisions unless so specified. CITY OF MENDOTA HEIGHTS SIGN: Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk SPRINT SPECTRLTM, L.P. : Its: Page 5 APPENDIX Pursuant to the Development Agreement dated , 1996, between the City af Mendota Heights, a Minnesota Municipal Corporation {the "City"} and Sprint PCS, a Minnesota Corporation. CITY OF MENDOTA HEIGHTS � PCS A►NTEAdNAS SITE STANDARDS l. Unless housed in a separate saiid walled, closed roam dedicated to a single user, all equipment must be housed in an RF tight, m�tal enclosure. Desk top base statians and open racks cannot be used uniess separate RF tight enclosures are pravided around individual transmitters and receivers. Additional shielding kits may be required. 2, All receivers must be adequately pratected with a band limiting device, such as cavities, duplexers or other filters. U'nprotected preamplifier devices or receivers will not be guaranteed �eedorn from radio frequency interference. 3. Many manufacturers provide receivers optians for maintaining narrow receive bandwidth. These devices, typically crystal filters, will be used whenever necessary to eliminate interference problems caused by overload. � 4. At least 60 dB of isaiatian for 4�4-470 l�giz and 1800 - 2000 I��LHz transmitters and 25 dB of isolatian for 140 - 170 MHz and 30 - Sp MHz transrnitters must be provided. A band pass cavity must be provided on the transmitters between the antenna and any ferrite device used. Additional filtering and isolatian may be required and will be considered an a case-by-case basis. E�CEPTIUN: Frequency bands nat covered abave wili be reviewed and subject to proper isolation prior to installation and aperation. ' 5. Maximum transmitter power allowed into the antenna feed line will be 110 watts per transmitter provided that maximum effective radiated power (ERP) will be 500 watts. 6. Only jacketed copper Heliax cabie wili be permitted for transmission line at the site. All on-site intercabling must use RG/9, RG/142, RG/214, 1/2 inch superflex or equivalent. RGI8 or any ather single shielded cable will not be allowed. All outside connections must be kept weather tight at all times. A.11 connectors will be N-type or EIA whenever possible. 7. AII transmitters must have band-pass cavities that will provide at Ieast the follawing attenuation af side bank noise: 30-5� MHz band: 15 dB at 1 MHz 140-170 MHz band: 15 dB at 1.5 MHz Page 6 . - -. � • - � 440-470 MHz band: 800-920 MHz band: 1800-1900 MHz band: 15 dB at 2.5 MHz 20 dB at 10 MHz 20 dB at 20 NIFiz EXCEPTION: Requirements for transmitters outside of these bands will be considered on a case-by-case basis. 8. Each cabinet must be identified by the owner's name, address and FCC station license. It must also have the name and telephone number of the responsible service agency. 9. Each user will inform the City of all receive and transmit frequencies in use at all times. Any changes in frequency use or modification of any kind of equipment will be reported to and approved by the City at least 10 days prior to the change. Where it can be demonstrated that there is a strong likelihood such frequency use will result in an interference problem, testing of that frequency use prior to its actual operation may be required by the City. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized representatives effective as of the date and year first above written. F/Data/Common/Forms/MHSPDA CITY OF MENDOTA HEIGHTS SIGN: Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson, City Clerk SPRINT SPECTRLTM, L.P. : Its: Page 7 ` sj?illl� �CSSM 290p Lone Oak Parkway - Suite 140 Bagan, MN 55121 Phone: 612-b86-26d0 Fax: 612-454-0578 b12-68b-2700 December 4,1996 Mayor and City Council Ciry Of Mendoka Heights 11 Q1 Yctaria Curve, MN 55118 Dear Mayor and City Councif Members: This letter reports the results of a radio frequency intermodulation study (IM) far the Henry Sibley H.S. which was conducted as per the s�equest by #he City af Mendota HeighM. The abjecctive of this analysis is to dacument the possible results of locating Sprint PCS equipment on the high school. The frequencies used for this study were abtained for the FCC frequency database and US Wes�t. They reflect the frequencies licensed within one mile of our proposed transmitter. Each calculation uses Sprint ��Srctrum's channe! allocations of 1940 MHz and 9931.25 MHz. After callec6ng the data the frequencies were loaded inta an interference madeling program which calculates the passibility af !M products. As shown in attachment 1, iwa and three simultaneous s'tgnal products were evaluated ta the 9"' order, Lower order IM praducts (such as third order) generally have the greatest probability of interfering with a target receiver because of the higher signal streng#h. Occasianally, fifth order products cause interference and on rare occasions seventh and ninth arder products can cause interference, It is important to understand ihat the iN! computer mode! is nat an absolute predictor of interference but rather a taol for carefui system and site design and forecasting. An intennadulation product„ iisted as the Entem�ad Frequency in Atiachment 9, is the result af the mathematical combination of multiple transmit frequencies, this is listed as the Transmit Frequency Combinations. These results are then campared to the receive frequencies, listed as the Affected RX Frequency, to check the relative proximity to them. When one af these new RF signals (Intermod Frequency} fal{s an a target receiver frequency (Af�ec#ed RX Frequency) and is above the threshold or sensitiv'�ty of that target receiver, then IM interference occurs. As a general na1e, a difference greater than 30 kHz between #he Intemiod Frequency and the Af#ected RX Frequency , listed as the Diff {kHz�, is usualiy ignared. A campilation af prociuc# results with differences of iess than 30 kNz are shown in Attachment 1. ' Any inter�todulation product using the SSLP frequency assignment that overlaps a receive frequency appearing in the frequency set {Intermadula#ion Hit List}, of the previously supplied EM study, is reported with the mathematical formula and transmitter frequencies used in the complete IM study that was given to you. A sort of the clasest producis is included for your conven'sence labeled Attachment 1. The Results: 1. There are no IM products through the ninth order for any combinations of the frequencies presently a# the site and those that Sprint PCS wauld be adding that will fiterFere with any of the receivers ai the site. The closest product is a ninth order IM product that is 190 kHz from the nearest receive frequency, wel! outside of the receive band far ihe equipment. {Hit # 4327 & 7793) � December 4, 1996 2. There are two fourth order, three fifth order, eight sixth order, 90 seventh order and 98 ninth order IM products that were less than 30 kHz removed from the target receiver for all of the frequencies within a one mile radius calculated tagether. However, because of the distance between the sites that the frequencies are located on is greater than 0.5 miles, the resulting signal levels would be far below the receiver threshold or sensitivity, thus having no impact. 3. There are 134 third order, 40 fourth order, 200 fifth order, 150 sixth order, 2585 seventh order, 57 eighth order and 4636 ninth order IM products that were greater than 30 kHz removed from the target receiver for all of the frequencies within one mile radius calculated tagether. Not only are these IM products too far from the target receiver to be of concem but the resulting signal levels would also be far below the receiver threshold or sensitivity to be of concem. Conclusion: Based on the data obtained we do not forecast destruc6ve IM interterence to any of the equipment at the site or any of the surrounding sites. The study indicated that mathematical inteRnodulation products are possible but since not all of the transmitters and receivers involved in the produc6on of any of the products are located on site and the bandwidths of these products are so great no interterence with any of the existing equipment will be expected. It should also be noted that the frequency list received from US West is a list of frequencies that may be used and not necessarily all of them will be in use at any one time, thus further decreasing the likelihood of IM Interference. As far as consumer products are concemed, there will be no interference with tetevisions, AM/FM radios, portable telephone, garage door openers, invisible dog fences and anything of the like because the equipment is not capable of receiving our transmissions which frequencies are at least 1gigaheriz (GHz) above there receive window. Sincerely, Chester M. Colby RF Optimization Engineer Attachments 1(This attachment was also previously submitted) i S 0 Sprint PCS Intermod Study for Her�ry Sibley High School Hit # Transmitter Frequency Combinations qRDER 1 THROUGH 9, 1 AT A TIME: (NONE} 1 st ORDER, 2 AT A TIME: (NONE) 1 st ORDER, 3 AT A TIME: (NONE) 2nd ORDER., 2 AT A TIME; (NONE} 3rd ORDER, 2 AT A TIME: {NQI��E} 3rd 4RDER, 3 AT A TII�rIE: (NONE) 4th ORDER, 2 AT A TIME: (NONE) Intermad IM BW Affected Diff Frequency (kHz) RX Freq (kHz) 4th ORDER, 3 AT A TTME: 147 ( i }1931,2504 + {-1 }155.23500 + {-2 }46438�50 = 84'7.2400 1298 84�.2300 10 163 ( 1 )1931.25pQ + (-1 )15S.23SQ0 + (-2 )469.18750 = $37.6400 1298 837.6300 10 5th ORDER, 2 AT A TIME: (NONE) Sth ORDER, 3 AT A TIME: 190 {-1 }1931.2500 + {-2 }15S.23S40 + { 2 )886.20000 = 469.3200 1332 469.3125 7 191 (-1 )1931.2500 + (-2 )1SS.23500 + ( 2 )$86.20Q00 = 469.3200 1332 469.3375 17 201 t-1 }1931.2500 +(-2 }155.23500 +( 2}886.62000 = 468.4800 1332 468.4b2S 17 6th ORDER, 2 AT A TIME: {NQNE} 6ih ORDER, 3 AT A TI14�E: Attachment 1 Page 1 12/3/96 C. l Sprint PCS Intermod Study for Henry Sibley High School 447 ( 1 )1931.2500 + (-4 )469.16250 + (-1 )892.23000 452 ( 1 )1931.2500 + (-4 )469.16250 + (-1 )892.44000 390 ( 1 )1931.2500 + (-4 )155.23500 + (-1 )469.11250 528 (-1 )1940.0000 + (-2 )155.23500 + ( 3 )469.33750 416 ( 1 )1931.2500 + (-4 )155.23500 + (-1 )469.31250 436 ( 1 )1931.2500 + (-4 )469.11250 + (-1 )892.44000 422 ( 1 )1931.2500 + (-4 )155.23500 + (-1 )469.33750 397 ( 1 )1931.2500 + (-4 )155.23500 + (-1 )469.13750 469 ( 1 )1931.2500 + (-4 )469.31250 + (-1 )892.23000 476 ( 1 )1931.2500 + (-4 )469.31250 + (-1 )892.44000 7th ORDER, 2 AT A TIME: 561 (-1 )1940.0000 + ( 6 )463.46250 = 7th ORDER, 3 AT A TIME: 1083 (1 )1931.2500 + (-1 )461.83750 + (-5 )461.91250 = 1084 ( 1 )1931.2500 + (-1 )461.83750 + (-5 )461.91250 = 1200 ( 1 )1931.2500 + (-5 )461.83750 + (-1 )464.31250 = 612 ( 1 )1931.2500 + (-4 )155.23500 + (-2 )887.25000 = 670 ( 1 )1931.2500 + (-1 )451.13750 + (-5 )464.13750 = 704 ( 1 )1931.2500 + (-1 )451.13750 + (-5 )464.38750 = 958 ( 1 )1931.2500 + (-4 )460.88750 + (-2 )464.13750 = 1538 (-1 )1931.2500 + ( 5 )469.11250 + (-1 )883.47000 = 1651 (-1 )1931.2500 + ( 5 )469.16250 + (-1 )883.68000 = 1876 (-1 )1931.2500 + ( 5 )469.38750 + (-1 )882.63000 = 2050 ( 1 )1940.0000 + (-2 )451.13750 + (-4 )46931250 = 2247 ( 1 )1940.0000 + (-1)460.88750 + (-5 )464.18750 = 2314 (1 )1940.0000 + (-4 )460.88750 + (-2 )469.13750 = 2476 (1 )1940.0000 + (-3 )461.83750 + (-3 )464.38750 = 2618 ( 1 )1940.0000 + (-2 )461.91250 + (-4 )464.18750 = 2641 ( 1 )1940.0000 + (-3 )461.91250 + (-3 )464.31250 = 2687 (1 )1940.0000 + (-5 )461.91250 + (-1 )469.11250 = 3029 ( 1 )1940.0000 + (-5 )463.46250 + (-1 )464.31250 = 3127 ( 1 )1940.0000 + (-5 )464.18750 + (-1 )466.28750 = 723 ( 1 )1931.2500 + (-1 )451.47500 + (-5 )464.11250 = 827 ( 1 )1931.2500 + (-2 )456.47500 + (-4 )464.13750 = 1154 ( 1 )1931.2500 + (-5 )461.83750 + (-1 )463.46250 = 1163 ( 1 )1931.2500 + (-5 )461.83750 + (-1 )464.11250 = 1237 (-1 )1931.2500 + ( 4 )461.83750 + (-2 )883.68000 = 1305 ( 1 )1931.2500 + (-5 )461.91250 + (-1 )464.13750 = 1346 ( 1 )1931.2500 + (-5 )461.91250 + (-1 )469.13750 = 837.6300 837.8400 841.1975 842.4575 840.9975 837.6400 840.9725 841.1725 838.2300 838.4400 1339 1339 1330 1330 1330 1339 1330 1330 1339 1339 837.6300 837.8400 841.2000 842.4600 840.9900 837.6300 840.9900 841.2000 838.2600 838.4700 0 0 2 2 7 10 17 27 30 30 840.7750 1346 840.7800 5 840.1500 840.1500 842.2500 464.1900 840.5750 841.8250 840.5750 469.1575 469.1175 466.9425 839.5250 841.8250 841.8250 838.6750 840.5750 838.6750 838.6750 841.6250 847.2250 840.7875 838.2500 841.4000 842.0500 1851.2600 842.4500 847.4500 1346 1346 1346 1364 1346 1346 1346 1355 1355 1355 1346 1346 1346 1346 1346 1346 1346 1346 1346 1346 1346 1346 1346 1364 1346 1346 �40.1500 840.1500 842.2500 464.1875 840.5700 841.8300 840.5700 469.1625 469.1125 466.9375 839.5200 841.8300 841.8300 838.6800 840.5700 838.6800 838.6800 841.6200 847.2300 840.7800 83 8.2600 841.4100 842.0400 1851.2500 842.4600 847.4400 0 0 0 2 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 7 10 10 10 10 10 10 Attachment 1 Page 2 12/3/96 Sprint PCS Intermod Study far Henry Sibley High Schoal 1663 (-1 }1931.2500 + ( 5 )469.16250 + (-1 )883.89000 1816 {-1 )1931.2500 + ( 5 }46933'15Q + (-1 }883.89QQ0 2262 ( 1 )1940.0000 + (-1 )460.88750 + (-5 )464.31250 2373 { 1 }1944.0000 + {-3 }461.83150 + (-3 }46�.11250 2540 (-1 )1940.0000 + ( 4 )4�1.83�50 + (-2 )$83.6$Q00 2b72 � I }1940.0000 + (-3 }46i 9I250 + (-3 }464.3875� 2721 ( 1 �1940.0000 + (-5 )461.91250 + (-1 )46933750 2156 ( 1 )I940.00Q0 + (-1 }456.47500 + (-5 )464.31250 79Q { 1 }1931.25Q0 + (-2 )456.13'75Q + {-4 )464.3,1250 9Q7 ( 1 )1931.25Q0 + (-1 )460.88750 + (-5 )461.93750 914 ( 1 }193I.2500 + (-2 )h60,8815Q + (-4 )461.93750 1007 ( 1 )1931.250p + (-4 )460.88750 + (-2 )464.33750 1103 { 1 }1931.2500 + (-4 }46I.83'750 + (-2 }4b1.91250 1212 ( 1 )1931.2500 + (-3 )461.83750 + (-3 )464.3$750 1312 (1 }1931�.2500 + (-5 }461.91250 + (-1 )464.16250 1322 ( 1 }1931.2500 + (-3 )461.91254 + (-3 )464.31250 1344 (1 )193�.254Q + (-5 )461.91250 + (-1 )469.11250 1662 {-1 }1931.2500 + ( � )469.16250 + {-1 )$83.89000 1'714 (-1 )1931.2500 + ( 5 )469.18750 + (-1 )$83.89000 212� { 2 }1940.0000 + {-I }456.13'750 + (-� )464.33'750 2290 (1 )1940.0000 + (-2 )460.887'SO + (-4 )464.38750 2485 (1 }1940.0000 + {-4 }461.83'T50 + (-2 }466.2$750 2559 { 1 �194Q.00OQ + (-1 }461.912SQ + (-5 )464.11254 271.4 (1)1940.0000 + (-5 )461.91250 + (-1 )469.31250 286� { 1 }1944.000a + �-2 ��sx.4�7so + {-� }4��.�s7so 2905 (1 )1940.004Q + (-5 )461.93'750 + (-1 )469.18750 2955 { 2 }1940.0000 + {-5 )463.46250 + (-1 }464.11250 3024 ( 1 )1940.0000 + (-4 )463.46250 + (-2 )464.31250 817 ( i )1931.2500 + (-2 )456.47500 + (-4 }463.46250 84Q (1 }1931.25Q0 + (-2 }456.4750Q + (-4 )464.18754 1227 (1 )1931.250p + (-5 )461.83'750 + (-1 )46931250 i333 { 1 }1931.2500 + {-5 )46i.9I254 + {-1 )46433�SQ 1537 (-1 )1931.2500 + ( 5 )469.11250 + (-1 )883.4�Q00 1549 {-1 }1}31.2500 + ( 5 }469.1125{7 + {-1 }8$3.b8400 1652 (-1 )1931.250Q + ( S )469.16250 + (-1 )883.68000 1'7'77 {-1 }1931.2500 + ( 5 }469.31250 + (-I }8$4.52000 1846 (-1 }1931.25pQ + ( 5 �469.3375Q + (-1 )$84.730QQ 2081 ( 1 )1940.00Op + (-2 )451.47500 + (-4 )469.13750 2398 { 1 )1940.OQOQ + {-1 )461.83750 + {-5 )464.16250 2443 ( 1 )1940.00pQ + (-3 )461.83750 + (-3 )464.31250 2694 { 1 }1940.0000 + {-S )46l .91250 + {-1 }469.13750 469.3275 468.4525 842.4500 837.8540 1860.0100 838.9000 $38.900Q 838.0375 $38.275Q 839.3250 838.2750 840.9750 839.9250 847.425Q 842.4750 847.4254 847.4250 46932'75 469.2025 837.8250 839.3250 839.9250 842.4750 838.8750 $41.�250 $38.8750 841.42S0 842.4750 835.SSQ0 838.4500 847.2500 842.6500 469.1575 469.36'75 469.11'75 469.2075 469.2925 839.5000 842.b500 838.4500 838.7000 1355 1355 1346 1346 1364 1346 1346 1346 1345 ]346 I3A�6 1346 1346 1346 1346 1346 1346 1355 1355 1346 1346 1346 1346 1346 1346 1346 13�b 1346 1346 1346 1346 1346 1355 1355 1355 1355 1355 1346 1346 1346 1346 469.3375 468.4625 842.4600 83'7.8400 1860.0000 838.8900 838.8904 838.0500 83$.260Q 839.3100 838.2b00 84Q.9900 839.9400 $47.4400 842.4600 847,440Q 847.4400 469.3125 469.1875 83'7.8400 839.3100 839.9400 sa�z.��oo 838.8900 841.4I00 83$.8900 841.4100 842.4600 835,5300 83 $.4700 84'7.2300 8h2.6700 469.1375 4b93875 469.1375 469.18i5 469.3125 839.5200 842.6700 838.4700 838,6800 10 10 10 10 10 10 1Q 12 15 15 15 15 15 15 1S 15 15 15 1S 25 15 15 �s 15 l5 15 15 15 20 24 2p 20 zo 20 Za 20 24 20 20 20 Za Attaclunent 1 Fage 3 12/3/96 Sprint PCS Intermod Study for Henry Sibley High School 3102 (-1 )1940.0000 + ( 4 )464.13750 + (-2 )883.89000 3164 (-1 )1940.0000 + ( 4 )464.33750 + (-2 )884.31000 1122 ( 1 )1931.2500 + (-2 )461.83750 + (-4 )461.93750 1123 ( 1 )1931.2500 + (-2 )461.83750 + (-4 )461.93750 1208 ( 1 )1931.2500 + (-5 )461.83750 + (-1 )464.33750 1283 ( 1 )1931.2500 + (-4 )461.91250 + (-2 )463.46250 1629 (-1 )1931.2500 + ( 5 )469.16250 + (-1 )883.05000 1724 (-1 )1931.2500 + ( 5 )469.18750 + (-1 )884.10000 2133 ( 1 )1940.0000 + (-1 )456.13750 + (-5 )464.38750 2278 ( 1 )1940.0000 + (-2 )460.88750 + (-4 )464.33750 2340 ( 1 )1940.0000 + (-4 )460.88750 + (-2 )469.33750 2368 ( 1 )1940.0000 + (-2 )461.83750 + (-4 )464.11250 2369 ( 1 )1940.0000 + (-2 )461.83750 + (-4 )464.11250 2427 ( 1)1940.0000 + (-3 )461.83750 + (-3 )464.18750 2469 ( 1 )1940.0000 + (-2 )461.83750 + (-4 )464.38750 2569 (1 )1940.0000 + (-3 )461.91250 + (-3 )464.11250 2650 ( 1 )1940.0000 + (-2 )461.91250 + (-4 )464.33750 2848 ( 1 )1940.0000 + (-2 )461.93750 + (-4 )464.33750 2924 ( 1 )1940.0000 + (-5 )461.93750 + (-1 )469.38750 3008 (1 )1940.0000 + (-4 )463.46250 + (-2 )464.18750 3019 (1 )1940.0000 + (-3 )463.46250 + (-3 )46431250 611 ( 1 )1931.2500 + (-4 )155.23500 + (-2 )887.25000 3191 ( 2 )1940.0000 + (-1 )466.28750 + (-4 )892.23000 928 ( 1 )1931.2500 + (-3 )460.88750 + (-3 )463.46250 967 ( 1 )1931.2500 + (-3 )460.88750 + (-3 )464.16250 1195 (1 )1931.2500 + (-3 )461.83750 + (-3 )46431250 1340 (1 )1931.2500 + (-5 )461.91250 + (-1 )464.38750 1442 (-1 )1931.2500 + ( 4 )461.93750 + (-2 )883.89000 1539 (-1 )1931.2500 + ( 5 )469.11250 + (-1 )883.47000 1548 (-1 )1931.2500 + ( 5 )469.11250 + (-1 )883.68000 1787 (-1 )1931.2500 + ( 5 )469.31250 + (-1 )884.73000 1835 (-1 )1931.2500 + ( 5 )469.33750 + (-1 )884.52000 1875 (-1 )1931.2500 + ( 5 )469.38750 + (-1 )882.63000 2096 ( 1 )1940.0000 + (-2 )451.47500 + (-4 )469.18750 2519 ( 1 )1940.0000 + (-5 )461.83750 + (-1 )469.31250 2932 (-1 )1940.0000 + ( 4 )461.93750 + (-2 )883.89000 3044 ( 1 )1940.0000 + (-5 )463.46250 + (-1 )464.33750 8th ORDER, 2 AT A TIME: (NONE) Attachment 1 Page 4 1851.2300 1851.2700 840.1750 840.1750 842.2750 843.3250 468.4875 469.4125 838.0750 839.1250 842.2250 840.1250 840.1250 838.0750 841.2250 838.0750 841.1750 841.2250 839.0750 842.2250 843.3250 464.1900 155.2075 841.8000 843.9000 847.2000 842.7000 1851.2800 469.1575 469.3675 469.4175 469.0825 466.9425 839.7000 838.5000 1860.0300 841.6500 1364 1364 1346 1346 1346 1346 1355 1355 1346 1346 1346 1346 1346 1346 1346 1346 1346 1346 1346 1346 1346 1364 2616 1346 1346 1346 1346 1364 1355 1355 1355 1355 1355 1346 1346 1364 1346 1851.2500 1851.2500 840.1500 840.1500 842.2500 8433000 468.4625 469.3875 838.0500 839.1000 842.2500 840.1500 840.1500 838.0500 841.2000 838.0500 841.2000 841.2000 839.1000 842.2500 8433000 464.1625 155.2350 841.8300 843.9300 847.2300 842.6700 1851.2500 469.1875 469.3375 469.3875 469.1125 466.9125 839.7300 838.4700 1860.0000 841.6200 20 20 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 27 27 30 30 30 30 30 30 30 30 30 30 30 30 30 30 12/3/96 �. ♦ Sprint PCS Intermod Study for Henry Sibley High School 8th ORDER, 3 AT A TIME: (NONE) 9th ORDER, 2 AT A TIME: (NONE) 9th ORDER, 3 AT A TIME: 3855 ( 2 }1932.2500 + (-6 }469.13'75� + (-1 }892.44000 4256 (-1 }1931.25Q0 + ( 7 )46938750 + (-i )885.1SQ00 6802 (-1 )1940.00Q0 + (-1 )451.13750 + ( 7 )461.91250 6$52 { 2 }I940.Q040 + (-5 )451.4754Q + {-2 )888.93000 7313 (-1 )1940.0000 + ( 7 )4�4.18'750 + (-1 )469.16250 7314 {-1 }1940.�000 + { 7 )464.18750 + (-1 )469.1625� 7446 (-1 )1940.0000 + ( 7 )46433'750 + (-1 )469.16250 3329 { 1 }1931.2500 + (-3 }1SS.23500 + (-5 )460.88750 5022 ( 3 )1931.25QQ + (-1 )8$4.940Q0 + (-S )$88.93QQQ SQ55 ( 3 }1931.25Q0 + (-4 )884.94Q00 + (-2 )892.44000 3491 (-1 }1931.254Q + ( 7 }461.9125Q + {-1 }463.46254 3821 (-1 )1931.2500 + ( 7 )469.13750 + (-1 )8$5.78000 3834 (-1 }1931.2500 + { 7 )h6913150 + {-2 }886.83000 39$3 (-1 )1931.2500 + ( 7 )469.18750 + (-1 )883.6$Q00 4051 {-1 }1931.2500 + ( 7 }469.18150 + (-1 }88893000 4174 (-1 )1931.2500 + ( 7 )469.33750 + (-1)$84.73000 6954 (-l. )1940.0000 + (-1 }461.91250 + ( 7 )464.16250 7159 {-1 }1940.00OQ + � 7 }464.13754 + (-1 }466.2$?50 4444 ( 3 )1931.25p0 + (-3 )882.63000 + (-3 )892.23000 4'792 ( 3 )1931.2500 + (-3 }884.1Q000 + (-3 }892.�€4040 4836 ( 3 )1931.25pQ + (-3 )884.31000 + (-3 )892.23000 7663 {-1 }I940.0000 + ( 7 )469.16250 + (-1 }$$7.61000 3987 (-1 )1931.2500 + ( 7 )469.18�50 + (-1)$83.89000 4178 (-1 )1931.2500 + ( 7 }469.33�50 + (-1 }88494000 426Q (-1 }1931.2500 + ( 7 }469.3875Q + {-1 }$$5.360Q4 4283 (-1 )1931.2500 + ( 7 )469.38750 + (-1 )885.99000 7252 {-1 }I940.0000 + { 7 }464.16254 + (-1 }4691$750 7384 (-1 )1940.0000 + ( 7 )464.31250 + (-1 )469.1$750 7528 t-1 }1940.0000 + ( 7 )464.38750 + (-1)469.33.250 7645 (-1 )1940.004p + ( 7 )469.16250 + (-1 )882.84000 7'712 (-1)1940.0000 + ( 7 )469.31250 + (-1 }$83.89000 4507 ( 3 }1931.2500 + (-1 )883.QSQQQ + (-5 )$88.3pQOp 5457 ( 3 )1931.2500 + (-1 )886.200Q0 + (-5 )$$7.6�000 6267 { 3 )1932.2500 + {-1 )88'7.2500Q + {-5 }$87.�6Q00 i55.2350 469.3125 $42.2500 155.2350 840.1 S00 840.1 S00 $41.20Q0 $38.$925 464.16QQ 469.11 QO $38.b750 466.9325 465.8825 469.3$25 464.1325 4693$25 847.2250 $42.b754 469.1700 464.1300 464.1300 456.46'75 469.1725 469.1725 469.1025 468.4725 839.9500 $41.0000 841.4000 461.2975 461.29'75 469.200Q 469.2000 469.2QOQ 2621 1387 1378 2b30 1378 13'78 1378 1378 394Q 3900 1378 1387 I387 1387 13$7 1387 1378 1378 3900 3904 3900 1387 1387 1387 137$ 1387 I378 1378 I378 1387 1387 3900 3900 3900 155.2350 469.3125 842.2500 i 55.2354 840.1500 840.1500 841.2000 838.8900 464.1625 469.1125 83$.b8Q0 466.9375 465.8875 469.3875 464.13'75 469.3875 847.230Q 842,6700 469.1625 464.1375 464.1375 456.4750 469.1625 469.1625 469.1 I25 468.�625 839.9�00 840.9900 841.4100 461.2875 461.2875 469.1875 469.1875 �69.1875 0 0 0 Q Q 0 0 2 2 2 5 S 5 5 5 S 5 5 � 1 � � 10 1Q 20 10 10 10 10 10 10 12 12 12 Attachment 1 Page 5 12/3/96 � Sprint PCS Intermod Study for Henry Sibley High School 6392 ( 3 )1931.2500 + (-5 )887.25000 + (-1 )88830000 = 7493 (-3 )1940.0000 + (-1 )464.33750 + ( 5 )886.62000 = 3403 (-1 )1931.2500 + (-1 )460.88750 + ( 7 )461.93750 = 3519 (-1 )1931.2500 + ( 7 )461.91250 + (-1 )464.31250 = 3922 (-1 )1931.2500 + ( 7 )469.16250 + (-1 )885.99000 = 3988 (-1 )1931.2500 + ( 7 )469.18750 + (-1 )883.89000 = 4127 (-1 )1931.2500 + ( '7 )469.31250 + (-1 )887.04000 = 4179 (-1 )1931.2500 + ( 7 )469.33750 + (-1 )884.94000 = 7031 (-1 )1940.0000 + ( 7 )463.46250 + (-1 )464.31250 = 7341 (-1 )1940.0000 + ( � )464.18750 + (-1 )469.38750 = 7471 (-1 )1940.0000 + ( 7 )464.33750 + (-1 )469.38750 = 3382 (-1 )1931.2500 + (-1 )456.47500 + ( 7 )460.88750 = 4445 ( 3 )1931.2500 + (-3 )882.63000 + (-3 )892.23000 = 4791 ( 3 )1931.2500 + (-3 )884.10000 + (-3 )892.44000 = 4835 ( 3 )1931.2500 + (-3 )88431000 + (-3 )892.23000 = 4950 ( 3 )1931.2500 + (-1 )884.73000 + (-5 )888.93000 = 5995 ( 3 )1931.2500 + (-2 )886.83000 + (-4 )888.93000 = 3820 (-1 )1931.2500 + ( 7 )469.13750 + (-1 )885.78000 = 3884 (-1 )1931.2500 + ( 7 )469.16250 + (-1 )883.68000 = 4050 (-1 )1931.2500 + ( 7 )469.18750 + (-1 )888.93000 = 4089 (-1 )1931.2500 + ( 7 )469.31250 + (-1 )884.73000 = 7044 (-1 )1940.0000 + (-1 )463.46250 + ( 7 )464.38750 = 7272 (-1 )1940.0000 + ( 7 )464.16250 + (-1 )469.38750 = 7403 (-1 )1940.0000 + ( 7 )464.31250 + (-1 )469.38750 = 7501 (-1 )1940.0000 + ( 7 )464.38750 + (-1 )469.11250 = 7602 (-1 )1940.0000 + ( 7 )469.11250 + (-1 )887.67000 = 4468 ( 3 )1931.2500 + (-1)882.84000 + (-5 )888.30000 = 4831 ( 3 )1931.2500 + (-2 )gg431000 + (-4 )888.93000 = 5021 ( 3 )1931.2500 + (-1 )884.94000 + (-5 )888.93000 = 5150 ( 3 )1931.2500 + (-1 )88536000 + (-5 )888.30000 = 5238 ( 3 )1931.2500 + (-2 )8g5.57000 + (-4 )888.30000 = 5248 ( 3 )1931.2500 + (-2 )885.57000 + (-4 )888.93000 = 5357 ( 3 )1931.2500 + (-1 )885.99000 + (-5 )887.67000 = 5830 ( 3 )1931.2500 + (-4 )886.62000 + (-2 )888.93000 = 5931 ( 3 )1931.2500 + (-2 )8g6.83000 + (-4 )887.67000 = 5959 ( 3 )1931.2500 + (-2 )gg6.83000 + (-4 )888.30000 = 6082 ( 3 )1931.2500 + (-1 )887.04000 + (-5 )887.46000 = 6278 ( 3 )1931.2500 + (-2 )8g7.25000 + (-4 )887.46000 = 6341 ( 3 )1931.2500 + (-4 )887.25000 + (-2 )8g7.67000 = 6417 ( 3 )1931.2500 + (-4 )887.25000 + (-2 )8gg.93000 = 6822 (-1 )1940.0000 + (-1 )451.47500 + ( 7 )461.83750 = Attachment 1 Page 6 469.2000 1851.2370 841.4250 837.8250 466.8975 469.1725 466.8975 469.1725 839.9250 839.9250 840.9750 838.4875 469.1700 464.1300 464.1300 464.3700 464.3700 466.9325 469.2075 464.1325 469.2075 847.2500 839.7500 840.8000 841.6000 456.1175 469.4100 469.4100 464.1600 466.8900 469.4100 466.8900 469.4100 469.4100 469.4100 466.8900 469.4100 469.4100 469.4100 466.8900 841.3875 3900 3891 1378 1378 1387 1387 1387 1387 1378 1378 1378 1378 3900 3900 3900 3900 3900 1387 1387 1387 1387 1378 1378 1378 1378 1387 3900 3900 3900 3891 3900 3900 3900 3900 3900 3900 3900 3900 3900 3900 1378 469.1875 1851.2500 841.4100 837.8400 466.9125 469.1875 466.9125 469.1875 839.9400 839.9400 840.9900 838.4700 469.1875 464.1125 464.1125 464.3875 464.3875 466.9125 469.1875 464.1125 469.1875 847.2300 839.7300 840.7800 841.6200 456.1375 469.3875 469.3875 464.1375 466.9125 469.3875 466.9125 469.3875 469.3875 469.3875 466.9125 469.3875 469.3875 469.3875 466.9125 841.4100 12 12 15 15 15 15 15 15 15 15 15 17 17 17 17 17 17 20 20 20 20 20 20 20 20 20 22 22 22 22 22 22 22 22 22 22 22 22 22 22 22 12/3/96 » . Sprint PCS Intermod Study for Henry Sibley High School 3497 (-1 }1931.2SQ0 + ( 7 )461.91250 + (-1 )464.11250 37Q4 {-1 }1931.2540 + ( 7 }469.11250 + {-1 }8$4.10000 38�6 (-1 )1931.25Q0 + ( 7 )459.13750 + (-1 )$88.30000 4257 {-1 }1931.2500 + { 7 )469.38150 + {-1 )885.1500� 7003 (-1 )1940.00Q0 + ( 7 )463.46250 + (-1 )464.11250 7004 {-1 }1940.0000 + ( 7 )463.4b250 + (-1 )464.1 I250 7306 (-1 )1940.0000 + ( 7 )464.18754 + (-1 )469.13750 7307 (-1 }1940.0000 + ( 7 }464.18750 + (-1 )469.13750 732Q (-1 }1944.QOQQ + ( 7 }464.18'T50 + (-1 )469.18?'S4 7321 (-1 )1940.0000 + ( 7 )464.18750 + (-1 )469.1$750 7439 {-I )1940.0000 + { 7 �464.33'750 + (-I )469.13750 7453 (-1 )1940.0000 + ( 7 )46433'750 + (-1 )469.18750 7679 {-1 }1940.0000 + ( 7 }469.18750 + (-1 )883.05000 7738 (-1 )1940.0000 + ( 7 )46933750 + (-1 )884.1OQ00 7868 (-1 )1940.0000 + (-3 )883.47000 + ( 5 )887.04000 7875 �-1 }194Q.400Q + (-3 }884.52004 + ( 5 }$87.67044 7$'78 (-] )1940.0000 + (-3 )8$5.57000 + ( 5 )88830Q00 7$81 {-i }1940.0000 + {-3 }8$6.b2000 + { 5 }888.93000 4025 (-1 )1931.2500 + ( 7 )469.18�50 + (-1 )$$6.20000 421b {-1 }1931.2500 + { 7 }469.33?SO + (-1 }8$7.250�0 5023 ( 3 )1931.25p0 + (-1 )8$4.94000 + (-5 )$88.93000 5056 ( 3 }1931.2500 + (-4 }884.94000 + (-2 )892.44000 7629 (-1 )194Q.4000 + ( 7 }459.2375Q + (-1 )887.460Q4 3429 (-1 )1931.250p + ( 7 )461.83750 + (-1 )461.91250 37Ib {-1 }1931.2500 + ( 7 )469.11254 + (-1 )885,57000 3730 (-1 )1931.250Q + ( 7 )469.11250 + (-1 )$86.62000 3884 {-1 }I931.2�00 + { 7 }469.16250 + (-1 }883.�€7000 4p52 (-1 )1931.250Q + ( 7 )469.18750 + (-1)888.93000 40$5 �-I }1931.2500 + ( 7 )469.31250 + (-1 }884.52000 69$2 {-1 }1940.400Q + {-1 }461.9375Q + ( 7 �464.1625Q 7363 (-1 )1940.0000 + ( 7 )464.31250 + (-1 )466.2$750 Attachment 1 Page '7 = 838.0250 = 468.4375 464.4125 469.3125 $40.1250 $40.1250 $4Q.1 �SQ $40.1�50 84Q.12S4 $40.1250 841.2250 841.1750 461.2625 461.2625 155.2100 155.2100 155.2100 155.2100 4�6.8625 466.8625 464.160Q 469.1100 456.5425 839.7000 466.9675 465.91'7S 469.41'75 464.1325 469.4175 $47.2QOQ 843.9000 1378 1387 1387 1387 137$ 1378 1378 1378 1378 1378 I378 1378 1387 1387 1450 1454 1450 1450 1387 i387 3940 3900 1387 1378 1387 1387 1387 1387 1387 1378 1378 838.0500 46$.4625 464.38�S 469.3375 840.1500 840.1500 84Q.1500 840.1500 840. 2 SQQ 840.15p0 $41.2000 841.2000 461.2875 461.2875 155.2350 I55.2354 155.2350 155.2350 466.835'7 466.83 S'7 464.1875 469.1375 456.4750 839.7300 4G6.9375 465.8875 469.3875 464.1625 469.3875 847.2300 843.9300 25 25 25 25 25 2S zs 25 zs zs 25 2S 2S zs 25 25 2S 25 27 2'7 27 27 27 30 30 30 30 30 30 30 30 12/3l96 Sprint PCSsM 290Q Lone Oak Parkway - Suite I40 Eagan, MN 55121 Phane: 612-68b-2600 Fax: 612-454-OS78 bt2-686-2700 �- - ... ..� Mayor and Ciiy Council CiEy Of Mendota Heights 1101 �ctoria Cunre, MN 55118 Dear Mayor and City Council Members: The attached informatian, as per your reques#, should address your concems with regards to radia frequency exposure. Here is some background information on the physics of radiafrequency emissions. Emissions from an antenna project radialfy outward in all directions, and the pawer density, which is a measure of the exposure ievel, diminishes inverseiy with the square of the distance between the saurce and the observer. The relative level of the emissions for a given direction is based on the gain of the antenna in that directian i. e. the level in front af a panei type antenna is much greater than ihe ievel t�hind it (>23d6 for aur antennas). Far example, at a distance af four feet, the power density is one- quarter of tha� at a distance of two feet At a distance of eight feet, ti�e power densiiy is one-quarter of that at four feet and one-sixteenth of the power density at two feet Power density decreases rapidly as distance from an emitter {antenna) increases due ta this inverse geometric relationship between pawer density and distance. As part of its rsview pracess, #Eie FCC examines the impact of proposais for new transmitting faci(i�es on the environment Pursuant to Section 24.52 of the FCC's Rules, PCS lir.�nsees are required to comply witt� the human exposure to emission leveis established by the Arrterican Nationat Standards Institute (ANSI) and the FCC. This standard is part of FCC 96-326 included in the supplied binder marked Federat Communications Commission. 'ii�is standard is knawn as ANSt11EEE G95.1-1992, Also included for more infarmatian in the binder is OET Bulletin # 65 and a report generated for the Ante�na Insta!lation Task Group af the CTIA. For background on the standard, ANSI/IEE C95.1-1992 was prepared by a committee of about 125 par�cipants. The committee included biatogists, medical doctors, pnysialogists, rrzedicai statisticians and engineers from academia, gavemment and industry, wi#h industry parkicipants being in the minarity. !n amving at its conclusions of maximum permissible expasure to radEo frequency f�elds, hundreds of scientific studies were reviewed and a determination made of the exposure level that appeared ta be the threshold far the appearance of biofogica! effects which might be harmful of exposure cantinued aver a substantiafi period of time. An addi6onal safeiy fackor of 50dB below the threshold levet was applied for uncontrolled environments. ANSI/IEEE G95.1-1992 defines uncon#rolled environments as those locations where there is expasure of individuais who have no knawledge or contral of tileir exposure. Some examples of an uncontrolled environments are a residence, a schoal, a nursing home. Generally, the MPEs tor uncontra!!ed environrr�nts are ane-fifth the MPEs for cantro[led environments. 1 December 4, 1996 Every site ti�at Sprint PCS will canstruct wi(I abide by the gaveming standards set forth by the FCC. The results of real warld environmental calculations have shawn that the actual level of Emissions that may be experienced is a fractian of the MPE, thus we are conf�dent that ti��re wiCl be no impact Sincerely, Chester M. Colby RF Qptimizatian Engineer Attachments: �CC 96-326 i - • : ,_ f ' -�• ��J CITY OF MENDOTA HEIGHT5 ME1��0 � � December 13, 1996 To: Mayor and City Council From: Kevin Batchelder, City Administrator Subject: Comprehensive Plans Superseding Zoni.ng Ordinances DI5CUSSION Earlier this Fall, City Council authorized City staff to pursue policy language with the Association af Metrapolitan Municipalities (AM1V� that would take a legislative stand regarding changes to the 1995 Minnesota Land Planning Act (MLPA). Specifically, the change in the 1995 MLPA that has caused Mendota Heights, and many other cities, some concern is language that provides all fiscal devices and official controls, such as zoning, to be brought into conformance with the city's comprehensive plan. The Planning Commission was concerned over this change in state law because in cases where land use conflicts were litigated, case law has always allowed that the Zoning Ordinance supersedes the Comprehensive Plan. The 1995 statute revision turns the relationship around and there are numerous reasons why it is of concern to the City. (Please see attached September 17, 1996 memo to AMM Metro Agencies Committee.) Mendota Iieights was successful in having the AMM adopt language addressing this issue. (Please see attached document entitled - D-5 Local Plan Implementation.) The next step would be to have legislation introduced that would seek to revise this statute, thereby restoring local authority through zoning. Mr. Beraard Friel, Pl.anning Commissioner, has worked with local legislative representatives and city staff and he has provided the attached proposed statute revisions. Before Mendota Iieights pursues this issue further, City Council should authorize staff to pursue this legislative revision to the Minnesota Land Planning Act. ACTION RF:QUIRED If the City Council so desires, they should authorize staff to pursue the proposed language revisions to Minnesota. Statute 473.858 in the Minnesota Land Planning Act. 1 t 1 � • :I C September 17, 1996 To: Terry Schneider, Chair - AMM's Metro Agencies Committee Vern Peterson, An�IlVI Metro Agencies Comm%ttee Members From: Kevin Batchelder, Ciry Administrator Subject: Comprehensive Plans Superceding Zoning Ordinances DISCUSSION Mendota Heights appreciates the time exp�nded on this i�sae by the Metro Agencies Committee at their Septemi�er 5, 1996 meeting. We feel the follawing �neasons support a change in the AMM policy regarding the 1995 Minnesata Land Planning Act, specifically the pmvision in which the Comprehensive Plan "supem.edes" the Zoning Ordinance: 1. LQss of local ability to cantroi the fate and future deveiopment of their community thraugh the st�ctutory authority to zone that has been traditianally and historically granted to iocal government. 2. With the comprehensive plaa designated as a separate and dispositive document, lcrcal zoning decisions are "conditioned" upan approval af a separate government entity, the Metropolitan Council. iJltimate control af land use decisians may rest in the hands of the Metropolitan Council. 3. This contml over local land use and zoning decisions is aver-reaching if the txue intent of the Metropolitan Council is to control "systems impacts", and not participate in the deternunati.on of local self cantrol aad develapment. � 4. Zoning 4rdinance would, in essence, become meaningless because the paramount dacument for land use planni.ng will be tb.e comprehensive plan. Ultimate control over land use decisions would then mst with the Metanopulitan Co�ncil. 5. Due process notice to cit3zens, as required by zoning orc%in�ances in confarmance with state statute, would lae rendered ineffective. Citizens have come to rely on notice of a change in "zaning" to alert them to possible adverse impacts on properiy they own and they will not readily understand that notice of proposed changes in the comprehensive plan are intended ta pmvide �hem with the same atert. 6. Only metropolitaa aarea municipalities are required to change zoning consistently with -4 ~Y � the comprehensive plan, outstate communities have nat had this mandate imposed upon them. Why is there a double standard? 7. T�is requirement may have the effect of forcing higher re�l. estate tax assessments by fo�rcing land to be zaned commercial or industrial, in compliance with a comprehensive plan, T'his may have the effeci of forcing development that neither the owner nor the community may desire or be ready far. 8. The current statute which makes the comprehensive plaa the paz�mount docament will give develapers the upper hand in requiring communities to grant zoning changes consistent with the comprehensive plan even where a rational bas%s e�sts for a zaning classification which is not entirely cansistent with fihe comprehensive plan. 9. If either the comprehensive plan or the zoning document of a municipality is viewed as the only releva.nt instrument Por community development, then oa�il.y one, either the comprehensive p2an, or the zoning dacument, is necessary. Ia the present case, because the comprehensive plan is paramount under State 3aw, zoning docume�ts have be�n rendered meaaingless. RECOMMENDATIQN The City of Mendota Heights recommends that the AMM Metro Agencies pmpose the following Ianguage for Section D.S. D-5 LOCAL PLAN tMPLEMENTATION (NEW) The Metropolitan Council has authority und�r #he Metropotitan �.and Pianning Act (MLPA) ta review and camment on local comprehensive plans. However, it does no# have the authority to review loaai zoning ocdinances and other "officiaf controls" which implement the locai plans. The MLPA has since its inception required the adoption af officiat contcols that implement the ptans and that local governments not adopt afficial controls in canfli�ct with the plan or that would permit activities in conflict with mettopolitan systems plans. Later, Cegislateon was passed that indicated that conflicting zoning would supersede the camprehensive p#an. In 3 995, the law was changed orice again to require that by the end af 1998 local governments shall conform their official controls, including zoning, with their plans. i.ocal governments have several concems #hat may require changes in the law to further clarify the relationship between the plan and official controls. The com�prehensive plan serves as a guide for the orderly development of a communiiy, but shauid not be equivaient or identical to a zoning ordinance. Plans must be specif"rc enough to be useful ta guide local decisian making, and to ensure compatibility of iocal decisions wiih regional system pfans, but must not become a substitute for a zoning ordinance. The local ability to control the #ate and future development of a community #hrough the statutory authority to zone has been traditionatty and historiaatty granted to local government. Loca! government zoning decisions should not be conditioned upon approvats by any other government agency. Such,delegation of loca# legislative authority woutd be inconsistent with locat seif determination and due process far landowners and citizens. The comprehensive plan of a community shauld be a guide for zoning decisions, but shauld not mandate such decisions where a rat�ona[ basis exists far a zoning determination which is inconsistent with the comprehensive plan provided it does not permit activities in conflict with the Ntetropolitan Systems Ptans. � 0.�.a, � � � , �� k�Y � � � � � � Z�, � �b } � �' t \ ���.-" \�� ,n,��"°� L� �� �n '�" , l�l ,� t° (� �1 'r � � �i 10r04r96 13:38 CITY QF PLYM�I.ITH -� 9P4528940 N�.00? Q05 �ROM BRl GGS AND MORGAhi ST, PAUl, 612 223 ��a 5 iTHU)1 Q. 03' �6 J�: 50 lST, 16 :471 N0. 3360015-244 P, 2/2 4"73.858 CQMp'REHENS�'VE �'I,ANS; LOC�iI. GU'iTERNME,NT1�iL L)S�T�. 5ubdivision 1. �Nithin three years following the recaigt of thc metropolztan systcro sta.tement, every Iocal governm�nta! unit shall have prepared a coxnprchensive plan i� accr�rdance with sectians 462.355, subdivision 4,473.175, and 473.851 to 473.8'71 and the appl�cable ptanning statute and shall hav� sub�n�tted the plare to the metropolitan council for r�view pursuant to section 4�3.175. The pro�isions of section 4b2,355, subdivision �, 473.1��, and 473.85I ta 47�.8"7i shall supersede the pravisions of the appucable planning statute wherever a conflicc nnay exist. -� Exce�t as_ather�ri�e�►rav�ded herei�n if the con�tprehensive mutticipal p��n is in conflzct with the zoning ordinance, the zaning ordinance s�ar}�� ,r��Ee —'..._� '^ .'��,....�.�.��� �'....���.•..�.". v. a.+a �.va�s�a..uv�ws.v rru�� •v��rss�r�a �v.ic�w�r......ar-`.�.�vaa -�� , .`` �,,, t e ni,�. After August 1, l9Si5, a local govearanm+�nt v'�` �,,unt shall n.ot adopt any frscal devic� ar official control which is in conflict �avith its comprehensive pian, including any amendments to the ptan ► - , 8. 'The camprehensivG ptan shaii provide guideiines for the tirning and sequcnce of the adoption of offcial controls to ensure planned, orderly, ar�d staged develogment and redevelopmcnt c-e�� which is not in confl�ct with the comprehcnsive plan. For purposes of this seetion, a fiscal device or officiat contral shall nat be considered to be in eonflict with a local government unit's comgrehensive plan e�a-�� u���ss it oermits an acciVity wh�„�"r, ch_'�_,s in conflict with �, metrvpalitan system ��ts lan a w� efined bv ����t�an 413.85�. subdivi��an 8, , »�s � v�,,;an: e t siseei.► 7��oat1 3�7R1R,Z �'kUM �H1 GGS ANll MUHGAN S'1'. YAUL b 11 213 b6� 5 (N'!±1)12. 13' �6 1�I :�I 1/S'1'. 1�:!IU/ NU. 3�buu � 5-53� r. � 473.853 COMPREHENS� PLANS; LOCAi GOVERNMENTAJ.. UN1'1'S. Subdivision 1. Within thrce years folIowing the receipt of the metropolitan systcro statcmcnt, evcry locaI govcrnmcntal unzt shall have prepared a coniprchensivc plan in accordance with scctions �62.35�, subdivision 4,473.175, and 473.551 to 473.871 and thc applicable planning statutc and sha11 have submitted the plat► l� [li� iiictropolitan council for rcview pursuant to scction 473.175. The provisi�ii� u[ section 4G2.355, subdivision 4, 473.175, and 473.351 to 473.87], shall supersede the provisiuii� uf tl�e applicablc pianning statute whercvcr a eonfliet may exist. -� xcept as utl�erwi�e �ravi��d hereiu if thc comprehensi�c municipal plan is in conflict with the zoning or.dinance, tli� cuiiiii� �i clivance . ,���,: ;*,��>> �� , ..... , ; ;...,,,.......� ..F :�� ,.,,.��re - '', "'. t�: c�ercedes the nlan. After August 1,1995, a local g�verrutiriit `� unt" shall not adopt �ny f.is�al cievice �r �fficiat controI which is in conflict with its '�ry prehensive plan; including any amenciments to the plart "'� ..�,;,.t < <..k�� � � ., . . . . . , �. The comprehensive plan shall pravide guidelin.Ps fc,r the r.imin� and sequence of the adoption of official controls to ensure planned, orderly, and craoec3 clevei�pment and rede�elopment ce�s�e� which is not in contlict with ihe comprehencive �lan. For purposes of this section, a fiscal de��ice or official control shall not tae cons�d.Pr�d to be in confiict with a locat �overnment unit's comprehensive plan� e�-�e—pe� t�nIcss it acrmits an acti�ity �vhich is in conflict cvith a metropolitan system �t� :e _,.w r.,. ,.i a..�,icc or official cont� 3�c''aie'^ssie-� ) a fnct�t of urbanizatiQ s�i��''��� Ee��r�si �-�a section 473.859, subdi��isior�- aian as def ned bv section 473.852. subdivision S, nor shall it bc dccmcd to bc in conflict �vith the cotupxehensive vlan if it is adoptcd to cnsurc the plann�d, dcrclopmcnt or urbanization of rcdcvclopmcnt areas contprchcnsivc plan pursuant to scction 473_859, subdivision S. .,,mcQa� oor!rsRtS v.�s;.n 1 m i ��1 s t y,100L1 � ii:aoc a orderly, and st�ged designated in the f � .. _ ' • �-4 ,. c.�•..�`"':.'.,r,,t lns'r".Y;.:r.;:i" ��Z.i"i:'.;.J'1' <`., 1:;',,.,. .t�:,��, i.C,.G�a . . �'.'.'+.,:' id=1. :u.:G'U. .�: a;:' � 'a. r"F�. q L:....:,^.r� .i ^�,.���5� t. �)i'. � i.,+ ' Y� � 4 i;.�<' . ;Kt,� .,, . :;T. 7: i+ v, r vet . ,F.•.; • f 4�%' � . , x� . 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TO: Magor aad City Counc,il CLA.TiLS XSST SU1N�lARY: TotaZ.CZaims sty�.Fs�t c.tRimc 'Hughes & Costell.o LMGIT Morton Thokol Northwest Aggregate 7racy Tripp pros wc prem ad� salt sand gas t7nusnab CZatms Northland Drive Partnership T I reimb Ro So Const South P1az Drive Superamerica Group T I demo � 151,803 2,975 44,784 2,$03 2,864 6,369 13,000 6,666 50,785 / ��• A�' _ ' ... ' ' •• " ..t.�'Y' ...t •• . . +a���s:� �Jb�`�:t,,�.{:: e�.. , � <�L�.:1C:.a�ir"��'ii'�4� W�" .. • �'ALY. � , �J� ;Y>'^> ���. .. .. ' ". .. . �. �Li.'. .�:.{c,:' wfrV.,, .{'�> �*•�.?. .t,,. . . ' • , .:F_:�-� ''' `a"� ' �t�,t,^:s`�' . .) e • .T.:. v: ,ii . f.Y,,J....:.�r. 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' " ' ",:" 453.50 - � ' " ' --�•:�: � .�j 7 City Mator 5upply � � 01-4330-490-70 ` parts '` ' 219.45 '- " 7 Gity Motor Supply �-- - 01-�r330-44Qi-20 parts �-- • . ; • 129.i�5 . •:.' ' .. ._.._...... ........,.........2c,:... , _..< ..s.�.._, , .. i....�:..a:nzs:... .'.a+..., �:{:._:+�`S3F....» _.,.__ �. ..,...._ .. � '• .. ..... .. ,-.. .,._.... ..::5�:�...... ,- '...�...�...j............_�.._. »»..._�.. � �,.�.......M_a ''��t.�::..a�«�:_....�'w'�....L,.•A`-) �zY�:i r'1.N.�""',,�,s?t� .. . .�.Si.«.n i«c:.,..i:.' - .._ :�i`'�'.«'..t..1�+' '�`r:`:'si;`:"..�.t; `?"".�..�'°'t,,'_�"'_;t,w'ii::::�. "� *��..,,"""..:L..e'- ' �' �"4_ r°r.'N...,..� ..- ,e'r��F::� •... �' .��n��i:.i,.u.;:4� }nx!a�'y�i�.: TS�ys"`,ir' '..;r" �{�� .;15;?;�.:r'.�.�' '`:`:' `.`.c,�..ty'r+;`..i;�,:.`.y•:,•s1,'., e`4i,,_:�`..y5..�c�.'�' �. r.{.c,s,-.� ��..�� 13�i�����r�:." ..a•`�`1',.:p �' �'�` ~ -ji:}�f•,. t ei � .r,'• i =�vwYyn.'� s.,J `'± '' �6�' .s j+ `. :t;.� r+,Ti`��,�i.,%�;,K�'�f ; .t � r r „L" I,s�I?ec,�_� r _v�:>, ...,�., ".zs � ., . Clai�ms..List:;,#.� � Fri 11:08 RM •' � City of Mendata•Height Temp Check iVumber 7 rl Ternp. Check Number Ver�dar Narae Aceount Cade 7 City Motor 5upply 01-4330-460-30 ;;:� 7 City !+'iotar Supply 0f-4330-49tII-5@ 7 City hSator Suoply 01-4330-490-70 7 City Motor Supply 15-4330-490-60 49 Totals Terno Check Nurnber i Ternp Check Nurnber 8 8 Cor-rtact t�Gtrile Cammunicaticros 01-4.s3rZt-49th-7�d 8 ,•�� Totals Ternp Check Number � 8 Ternp Check Number 9 � 9 Caram Center R+1-433Q�-440-20 9 " Tatals "iernp Check Riurnbet^ 9 Temp Check Number 1@ �f 10 Kevin Custer 29-4337-000-@0 10 Tatals Ternp Ch�ck M1lumber 10 Ternp Check tVumber i l 11 Coverall 01-4335-310-50 ` 11 Caverall 01-4335-310-70 11 Gaverali IS-4335-310-60 11 Caverall 01-4a35-315-30 , If Coverail @I-4335-3f0-50 Ei Coverall 01-4335-310-70 11 Cavera2l 15-4335-310-60 77 � Totals Temp Check Number il Temp Check Aturober i2 12 Dakota Caunty Treas-Auditar 01-4220-640-12 12 , , , � � �. . ._ ' Tatals Temp Check Number 12, `. Temp Check Number 13 . .. ...A. 1� Dakate-Caurrty FSealth 8ve..._� •� . 0i-4305-?t20-20 `..-. . �..-�..�.___. � -- Cc�rnrner�ts Amaunt f- parts 73.50 part s fr0. 3b � � parts 60.36 p�rts 60.36 1 a @56. 'S8 t � rprs rara be�ver tr�oping strip/w�x striptwax strpiwax dec svc dec svc aec svc dec svc electian svo vacir�e • • -� 77. 50 : 77. 50 6. 9� . 6, 9� �'.': �ricr 323. 00 3�3. QtQ� i.. i 124. 25 124. �C5 �:� 124. 25 137. 39 50. ?IQi t � 50. 041 59. 99 __�...�_ ��4 690. 13 , • ��`) 510. 34 • 510. 34 . - " � • . .� . . . � � . � .',. .. . . ...._. .... .:.40. 00 ::..,... ....�. ._ .. ._ �_..._.._, . w. _.��i.� �.* ,.3".. , ,�,.; L. ; ^�— y `� :, � �s�-;+(F� �yy„�°�'+ ' �+ '.7:ia. >.aY; •r,��rw• �.�.. �. ..4' :.Y:'..z.� tiY�.l� •l. :K Nn'+�'� X�.cc•5>xl7r (K. 'S�"• 7 • 7^F. t��. i.�+ii¢L�`s+�'W' k��+; •� 'h; "Fv': 1 •' � ' � Y. 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' Check Nurnber Vendor Narne Recount Cade Cvrnrne»ts Amount : 13 . 40,0@ . �.�� Totals 'iernp Gheek Number 13 � 7�!mp Check Number 14 � �: 14 Davis Lock 01-4330-4k�-20 rars 168.a6 • 14 368. 36 Totals Terno Check Nwnber 14 • �� i'ernp Check Number 1� ;•3 15 DysorY Oil 01-4330-490-50 splys 22.65 , 15 Dyson Qil 0i-433�-490-7@ splys 22.?rD �.y ' 15 Dysot� Oi! iS-4330-490-60 splys 22.f5 �- 45 68. @Ln r• } Tcst�ls Temo Check Nwn6er 15 Temp Check Numher 26 16 Electra Watchrnan iS-4330-490-60 4th qtr mtcn 495.24 '�` 16 495.24 � Tatals Ternp Check Nu�nber 16 _ � 'fema Check Number 2? { �� _ 17 Eaole F�oi»t SW @5-4600-1@5-15 saftware 1y458.40 . 17 i.k58.k0 Totals 7ernp Check N�nber 17 (." # Ternp Check Nurnber 18 18 Cilobe �rinting & Supp2ies @1-43@0-@2@-20 splys 81.75 f8 Glo6e �rinting & Suppiies 01-4300-020--20 spiys 16.54 36 98.3td , , Tata2s 'iernp Check h3umber f8 � Ternp Check Number 19 ��� 19 W W C,rainger 15-4330-490-60 parts 24.77 19 W W 6rainger 01-4305-030-30 parts 5,27 � � ��' 19 W W C�r�inger 02-4305-03@-30 parts • ' 20.20 . . . ;. - .. _ . . . �' � 57 . . 50. 24 _ Q Tc�tals Temp Ch�!ek NuMber • f9 . , ' _ . . � . . .. . _ � . / j Temp Check Number 8fd t• � . _ .,_._ ___........_... ,... .. �.__. .,._, ...... «a_..a_..�.. ..,_ <..... .__ ...,..�:�. .........._ n.+, ..,,...�..: i.�:._,.. . ... ,..,.........� . �.... . _„ . . . .�.. .. ...._..,.... ... . _ ... .. »_... ., . . _. ._,...........,.�,.�._<__ ,�.»..,..�. ..�......_« _....-..__. `....__......_.. � 20 D C Wey Ca 01-4335-310-50 rprs � 51.70 �x�`r�:.r:'<r: n »L'[lcpr-.y,,w, ^,,R'. 7r+ti�».�:�ry:t;,;!i.,k,�Y,�,�..�,�rti�.ry:.• ;�q.�,y7"� e.�:. ..�, +° . , '7t,Y.a:'�'ie.7.i:��;'��.:"�•�✓ ��J�P�;�"':`e;`;y'�°.i��".� --v,�w:� .1�.:.t}'. 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Tc�tais Temp Cherk Number 2� Terap Check Nurnber 21 21 Jim Hatch Sales 01-4305-05@-50 21 Jim Hatch 8ales 01-4305-070-70 �1 Jim Hatch 5aies 01-4330-490-70 63 �, Tota2s Terno Check Number �1 Ternp Check Nurnber 8� , c2 Hdwe Nank 02-43tD.C,-03@-30 22 Hdwe I-fank 01-4305-050-50 2� Ndwe Hank 01-4305-@SQ!-5m 66 Tat�ls Temp Check Number 22 Ternp Check Nurnber �^3 � c3 Hughes & Casta22o @1-42^c�-32Qt-2¢� 23 Fotals Temp Check hlumber 2a ., Temp Check Nurnber �4 24 Hase inc 0i-4305-05fl-50 24 Totals Temp Cheek Nusnber �C4 Ternp Check Num6er 25 25 I O S 01-4330-490-10 25 I 0 S 01-433C�?-460-3@ 25 I O 8 01-4330-�45-40 25 I 0 S 01-4a3@-490-50 25 I 0 S fdi-4330-49@-70 25 Z 0 S 05-4330-490-25 •., 25 I O 8 15-4330-49Q-60 25 I 0 S 01-43Q0-080-80 . �5 I 0 8 . � . 01-4490-109-09 .- ti . P25 ,. Tatals Temp Check Nunber. - ..�.._.... . 25 . ' ._ .... .. Camments rprs rpr splys sqlys spiys solys splys disc nav pros sp]ys nav mtcn nov mt cn , nov mten nav mten nav rntcn Mav mtcn - nav mtcn , nov mtcn nav mtcn . .__.. _ .,._....__ _._.__......_._...___... �...___.._.-._ .._----. - -..._... ._ __..._.___.__... ___._.__ _.._ . Arnount 51. 70 53. 69 155,09 159. 04 159. 04 27@. 93 589. 0� 18. 80 8. 09 2. 53cr z4. 36 2, '375. 0th c�'375. QJ0 73. 6.� 73. 63 83. 40 23.85 23. 85 23.$S 23. $0 83. 40 . -- 23. 80 _ . .. . . . .. _ .. . 23. 82t . - 23. ?6 - ..._ . .. 333. 51 _ _._ . .. . _ z _, __-. . _ __ _ . __ _. _.. ' ::: � t^to� .7°,1 /, 'cN`.g^.Y .i'4^.l'Hi'd 1"''742} .i';i`:`� OC•^'2(S':-v:,xX r�'yW,:y 'n0'�ut,Kj!�iyr.•, �u,.,•,; ,,,_.,,,..o.,.c_-..,.:�� y�: :x. ., .. •„: ."'-:�i.:-.� !Fii::. "-' � � u..�a�` -•g � �f� --u-t'.� vc ,..,.a :i!:,�:. 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Check Number Vendar Narae Rccount Cade Carnments 26 Identi Kit co 01-4400-08�-20 qtrly kit �� 26 Tatals Temp Check tJumber 26 Ternp Check Number 27 27 Kat tCeys 01-4305-@7@-7Q sp2ys 27 Tatals Terna Check Nurntrer 87 7ernp Check Number 28 :; � �8 Knax Gc�mrnercial Credit Q�8-4335-0Q�@-00 splys 28 Knox�Commercial Credit 01-43@5-@70-70 splys . 28 Knax Carnmerciai Gredit 01-4305-07�►-70 sRlys 28 Krcax Commercial Credit 06-433�-000-@0 spiys 28 Knox Cc+rnmercial Credit mi-4330-49Qr-70 solys � 140 Tatals Temp Check Number 28 ''ds' Ternp Cheek Number 29 � 29 Kustam Signals Inc 01-46�'0-@20--20 radar sys 29 •� Tatais Temp Check Number �9 Ternp Check Number 30 " 30 �L M C F T tdf-�188 wc prem ad,� 90-96 30 Tatals Temp Check Nurober 30 Temp Check IVumber 3i, 31 C.arrgu3.a Fidwe 02-430S-07Qt-7QJ splys ' 31 i'otais Temp Check Number 3f � Terop Check Number 32 .,� • 32 Liilie Suburban tVews � . 01-4240-@80-80 ' ' hrg not "' 32 Lillie Subur6an News 27-4�k0-723-00 bid ad dodd rd tr • 3Z L.illie Suburban News - IIl2-4240-ii@-iQs hrg not band »ot , 96 . �_�_._ Tat�is�Temp Check Number=. _,�..�� _ =32 _ ,, r , .....�:t>... .. .. ._ ... . .. .. .. � . ....... _ �_1 , . ,( t:�` .i:�"... �L.rH� ..�:L.. . r-'-:- r:�. .:;=}=',:_:i=r??..' ah;��z:J;d.F�rl'.y�'!�a�'"'t'fS .�i„ �.�'.a. �'�.^F -��. ')�ri�� =.4r< jy.•^. � Lr�.7��ff2���.ii:`�r � . ` it'il�e ril ' ' . , , w � ` "'� � , . ` r" r. Amount 1 @�C. 0tD 102. 0@ 25. 18 25. 18 29.40 35.68 256. 72 12. 08 16. 77 35Q�. Er4 E, 124. 67 2, 124. 67 44� 789, fd0 44�789.00 { �: j 35, 06 , ' " � . 54. 96 • 18.45 • -... , . . • _._ .. 1@8. A7" . . - � . . ,.� •v'K+M^K ^� .T '�.a::�"[". �:::':'•-"f:�a'"'.__...._,. \� �'-�i'� i1�a,•�`o."A~� "�ir`; ;t_ ..� T�`'� -c Ws...4�_. � R .�v«��¢L=�:' ,"�., �•A.;�yR. M^ �.i'��'�` `}�35;,,N.'� �''��,',"�`;.'�. �.V a �t:;�e'J, S1 'J� � �k t . 'lAr ���: � YF'��v; �� � f,�I.,i,' tj� •�'�'i �" ,�J.y�i' ii'.. 1°'�� w�':. �4 • ,;�}� S� ' S :��! �A"� vj�.� ���' �q,, .:7;.1..1�.��7' ��'j J. �N', . � �� . �cl. �st',r"r� Sr,' t�. . � . i,i �q 'k'• �'n � � , � � .n 4' � it .�. v-: j.:. ��` ,�.. K:Y" : 'i C�`f ims=`:L st �. , ��� a . x '.��`�:��L'. i.s�b• }!. +'n.={tYstf'.: ����:� i %Y4�' `�14s.. �� ` �. = �.vr�.o'. ' S. 7. .r.� . Y� 9., • s 1.ir . i i.. F"ri 21.08 AM �=� � � �� � . ,,� ; '�' , z �- '• _ `' `- Y }'r.r?': 2X"r^'-;c� Gity` of� Me»data• Heights ::�`�• , �',nx...�:,�.>'4, �, y 'C,.�y.�t�. Temp Check Narnber • 33 1 Temp. Cheek Num6er Vendc+r Name Acca�int Cud� Cc,rerner�ts 33 M A Assaciates 08-4335-000-@0 splys ;:;, 33 M A Assoc i at es 08-433S-0Q+0-@0 d i scau»t 66 Tc,t�ls Temp Check Flumber 33 Ternp Check Nurnber 34 i�.i.,-Fs-;•":'�::,_ „'i,c�+C-.-cr;�. . w�h+;y^o:x;n.. `.�? ... y, , :..:w:..-. "'°a ,M::.. »;'..�'_—a^'.�i..._' a�-4»:$.: .__.. i. ......_._..__ �. " .L • i, '7.:. '" S � S 4'�. ��"`�;�:,,..'';;.:..��.,t�,�.�Fs;,;x<;'�;��,,�;ra .-,^ `'. .:�.� � . ,_ , �'' "``. �.`:'= 4 :": '�+_ �•Fage `6 ' . ' ' �� ' .. � _ . t . 34 Mc Cambs Fr�nk Raos Assoc 01-4221-135-80 nav svc 34 Mc Carabs Frank Raos Assoc 01-422�-135-80 nav sva re p�rkir�g urd 68 Totals Terno Cherk Nurnber 34 7emp Check Number 35 35 Mendata Heights Ruhbish @1-4335-310-5@ nov sve 35 Mendata Heinhts Rttbbish @1-4335-310-70 nov svc 35 Mendata Heiohts Rubbish 15-4335-�10-6cn nav svc . 35 Mendata Heinhis Rubbish 01-428rh-315-30 nav �vc 140 7at21s Temp Check Number 35 Temp Check Number 36 3fs Midwest �hata Svc 01-43fDS-02t1+-2�7 nav svc 36 Totais Temp Check Number 36 ., Temp Check Nurnber .�� 37 Minn Truckina Assn 01-4305-fl5@-50 splys 37 Totals Temp Checic Number 37 Temp Check Nurnber 38 _ 38 Minnesat� 7oro IrYc @1-433@-490-70 parts 38 Minnesota Toro Inc 01-4330-490-50 parts 76 7atals Temo Check Number 38 . Temp Check Number 39 "' " 39 Morta» Thokol . 01-4421-@50-5@ safe i salt 39 Morton Thakol 01-4421=050-50 safe t s�lt • - 78 ..__._....__.,...,._.._..�.�.- .......�._. ..... .. �.,• , ---.>. . ,..�...._. _.':� ..:_._._. � . , Totals Ternp Check Number 39 ' Arnourh 5^c4,62 _12�5@cr � 613. 12 r 1, 350. 94 � 385. Qt0 1�735.�4 :..� 51.40 Si. k@ � 51. 38 45. ' �c0 i z99.�a � 84. 6Q� 84. 60 .�� 44. ik 44. 14 � :} 55@. 38 238. 87 '.,' 788. 65 , . . . .. . . � I � 403. 56 _ . .. 1 � 399. �8 ,.. � . . .. � 2* 802. 84 .. . . _ ....... . �_ __. _.__ .. .r ,«. �ire'1 . , ' 'r . ' '. '."r . "a"�i'a'% 27 �''%':Lf"'w ����+a , ... .. 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Check Numtser Vendor Narne Accaunt Ec�de ; :.� 7er�p Check Number 44t 4@ Mator Farts Service @1-4305-070-70 4@ tYtator fiarts Service 0i-4305-Qr50-5� 80 Tatals 3'emp Check Number 40 Tr�mp Check Number 41 41 6ec+rge Naack 01-4410-050-50 . 41 Totais ierno Cherk Nureber 41 Terap Check iVurntrer �t� 42 IVelsan Radia Cornm Q�7-4330-@00-@0 42 Tc,tals Temp Check Number 42 '`'�` Tema Cheek Number 43 43 Northland Drive Partrrership 16-446�-@00-A0 43 Tot�ls Ternp Check tUumber 4,� Temp Check Nurntter 44 ' 44 Narth Star Intl 01-433�S-44II�-�0 44 Totais Temp Check Number 44 Temp Check Num6er 45 45 Northwesterrs Aggregate 01-4481-050-50 , 45 tVorthwester^n Aggreg�te 01-44�1-050-50 45 Northwestern Aggregate @f-4421-@50-5@ 135 7atals Temp'Check Number k5 Temp Check Number k6 '' 46 Nor�thern - � .- 01-4305-Q�70-70 45 Narthern 01-4305-070-70 - 92 ....___. ,. . . ....�. � .. .......,�... _... ._ ... _ . _ ,. .. , _. _ � , . • Tatals Temp Check Number 46 � �� Comrnent s parts sR2ys exp reirn6 dec mten 1/2 ti pro,� exp � Arnaunt !2. i6 23,$f 36.57 �@0. 00 2Q��. Q0 62.4@ 62. 40 13, Q�@0, 00 13� 000. @0 ;�s r � r�, p�rts 232.T4 ���.'.-:� 132. �4 :' i f::' icr 353. S1 i ar 350. 16 � •_ � icr 2, 2b0.54 2y $64. �1 ' i . .. ,m , , ; �, � ' splys 85.34 " � splys 216.28 � .i ... _ ...».,.... . . _ . . , ... _ ,. ..._ . .,.. ..... - •- -- 271.5�_ ...... t_.. ..> _..._...._._.�. _. .. _ ,_5 ,.) � - -,. ;.y.: _� =' . '13 Dec �y Fri 21: �D8 7ernp Check Nuraber 46 � � � Temp. Check Nurober Ver�dar N�rne Aecount Cude �, Temp Check Number 47 �=., 47 Oakcrest Kennela 01-4221-800-90 47 Oakcrest !{ertnels @i-4�25-�00-90 94 Totals Terna Check hiumber 4? Tem� Check Number 48 4$ Office De¢at 01-4300-1i0-10 48 Office Depot 01-4300-020-20 48 Qffiice Deoat Q�f-4300-@3Qt-30 � 48 Office Depot 01-4300-Qt40-40 48 Office Denat 01-4300-050-50 48 Office Depat 02-4300-Q�7�-70 288 Tobals Ternp Check Nurnber 46 Temp Check Number k9 . `4" 49 ti U W S 08-4335-Q�Q+O-@Q � 49 Totals TEfA{3 CFSECk Nurober 49 , Terno Check Nurnber 5@ 50 Oxygen Service Ca 08-4335-0@Q-00 �..,-, 50 Oxygen Service Co 01-43Q5-030-30 100 Tatals Ternn Check Number Sfb Temp Chack Numt�et^ 51 � � 51 Paper Direct . 01-4300-110-10 51 Totals Temp Cherk Number S2 Temp Check Nurnber S2 Ccmments nov svc Mav svc splys splys splys splys splys splys riOV SYC act thru 11/30 �et thru il/30 splys 5z Rrinef pai Mutu�2 01-2072 ,_, _ dec prern :�, 52 Prinaipal Mutual @1-413�-020-20 _ dec prem �''� 52 Prinezpal Mutual @1-4132-050-5@ "' dec prem , 52 Principai Plutua2 @1-�ri32-Q70-70. dec prem 52 Princ3.pa1 Mutuai 15-4132-06�-60 dec prern �C60 . . . . . _.._ _ _ . .. . ._ . .. .. _ .. ..._. _.� ._ . _ ' ._ ._' . _. . _ _ . . , Tot�is Temp Check Number 52 Amount 2�4. 95 2 53. 00 377,95 �2. 60 42. 95 42. 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Check N�unber Vendor Narne Accaunt Cade ::;•, Temp Check Number 53 53 Ratwik Razak Pergstrarn Maloney 01-4224-020-e0 53 Ratwik Roaak Bergstrom Maloney @1-4224-050-50 5s Ratwik Ra�ak Pergstrc�rn Maloney 01-4224-07Q�-70 53 Ratwik Rozak Bergstrorn Maloney 15-4224-060-60 212 Tatals Temp Check Nurnber 53 Temp Check Nurnber 54 54 Brad Raoan Inc 01-4330-490-50 54 , Tatals Ternp Check Nurnber 54 Temp Check Nurnber 55 � 55 Jerry Raberts Machine Co 01-4330-4�0-70 • 55 �'"� Totals 7emp Check Number 55 � Ternp Check Nurnber 56 56 Ro So Cantractin4 27-4460-720-@0 56 Totals Temp Check Number 56 `'' Ternp Check Nurnber 57 57 Shamrock Cleaers 01-441@-020-20 57 Totais Ternp Check Number 57 Temp Check Number 58 58 Signal Systems 15-4330-49@-60 , 58 Totais Temp Check Nu�ber 5B �.-� Ternp Check Number 59 , _ ' • ' 59 Snyder Drug Stores 01-4300-@50-50 , 59 Snyder Drug Stores 01-4300=070-70 Cornment s labor neg labor neg labor neg labar r�eg rors rprs pyrnt 3 so plaza � Amaunt 585. Q0 181.99 181. 99 181.98 1, 130.96 40_Z@ 40. 20 327. Q�@ 327. @0 6� 666. 15 a 6, 666. 15 ' t �j nov cing 17.56 ----- ( : 17. 56 ii mt en . 68. @0 �• � 68. 00 " (� splys 32.70 SP1Y5 32. 70 � i�fi"'�,t`.+'�,`.F'.v:Fl9° ?::ron.2��Y�71e'Ai�tStN'k;'r��` a+u...E,��a�'i'".s�.a�;;Y'xi0.'�n:sb»*"''�'�?�'uP.^s^a:p.S,�Q`:`�'� `..�..� `.''ri.'�r',:�..�.;"C,�?w;Y' -"t,.�yv;�;'�r,�,�x � ��.+ �.w . 4 �'�� "��L �;-:'2 y '7'"y^�.*�, r+�a�� �..^l—��1: `".`��r f ,..�>, ;�..�— :r.;�s.#kt'..- : u � r`� .�jy..,��ip� �:'i;�`,��x : r . 4' �� j. y7+�^' i.Ft. ��,:. Y�:'V. �^�,.+' Y..��'':. 4.'7 ".' t 2';J n �.� �'., � ,�9 «i� ,. ,..^:,,q.�., .�: ,:.;�S,, .,a i G. � a'a`f��r;�7 i.Y... � '�"zt%F;.�:H,:��'x:� �;�.�. .�:s'',�'.. b1 �ii:� i:. :3 ,;i s. ;,d'.!. ��,,-S^'�r t' •'�;,.ti; , ?'t'�Fs"';'��,` .,l <; t. 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Q11-4305-070-70 - EJ � . .� Totals Temp Check Number 65 � Ternp Check iVurnber , 66 � 66 Tr�cy Tripp Fuels 01-1210 66 ' . . . .. ... . .._ . . _. . . .. _ Ccmrnent s 5plys exp reztnb oarts parts dec prem ti pra� re curleys signs splys fuel � , . ; �' � ,. . _ .,. . Amaunt 32.66 98.06 50. '91 60. 91 18. 32 22.90 42.�2 137. 5A 13?. S4 50, 785. 00 50� 785. 00 177. BS 277.85 342. 34 ------. r_.: 342. 34 , . �.� 6� 169�17 . ._. .. _'_ _. ...'°.�..._`: __ .-_ .. 6, 169. 17' tF�::F�'-Y.Y:M::ts CaVti.++n 'YG� !'S•' r�57M1S'�!'p✓+,+7:1n�•7++�••• 'K i�4!'�Tl."tAV!SJ �' ��'*+M'�.{• +YtCSEY l:'ORq�:Y': M Y.. 'OM';"!�L'i f'.r��♦ �..,�y��..^�Yw-.. �,..�,...� � «4 nr .>n:,`�i.�'!7.. .!L.i+irvT��.'_.::i:i.[::�:=...�.. '��n�• "t .«r���.k . tJ,a , •' \. .-.«M*,+.,T=' 7Y` �p� ..�i+.:Y .•�q'+n.;^ -`ty ...t-4. k_:' � � t..�_�'. 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Check Nurnber Vendar Narne pccount Ec,de Tatals Ternp Ch�rk Number 66 •� 1 � Ternp Check Nurnber 67 67 UnifaMms Ur�iimite� @1-441@-020-�0 67 Totals 't'emp Check Number 67 Temp Check Number 68 68 United Electric Co 01-430.Ci-@30-30 68 Unii:ed Electric Co 01-4305-030-30 , --- ' 136 Totals Ternn Ci�eck Number 66 ' Temp Check Number 69 69 Viking Electric Soly 0i-433S-320-50 69 Vik3nc� E3ectrie Sp3y 01-4335-330-70 69 Vikinn Eiectric 8oly 15-4335-310-60 69 Viking Electric 5ply 01-4305-030-30 `�` 69 Vikir�g £Iectric 8p2y Q�1-4335-310-50 345 � icat�ls Tetnp Check Num3�er 69 Ternp Check Number 70 70 Welie Constructian 01-3140 ' 70 Totals Temp Check iVumber 7Ql Temp Check Nurnber - 72 , 71 R B Whit�ce � Ca 01-4305-050-50 71 Totals Temp Check Nw�pber 72 Ternp Check Rturabe�^ 72 � 72 Winthrao & Weinstine 01-4221-120-iQ 72 iJinthrop & Edeinstine 16-422@-f20-00 .•j _72 Winthrop & Weinatine • 16-4220-12Q�-00 2i6 � Tot�Ys Temp Check Nureber 7� TemP ChecFc- Nusnber w.:. .- _... _..... .v7� _. . . ..f .... . ._ . .1 , Camrnents so2ys splys cr sPlys splys splys splys rtn rfd lic fee splys Amc,unt 133. i l 133. 1 f 3@6. 72 39,9kcr 266. 78 205, 6� 105.65 105. 60 96. 44 162. 02cr �51. 32 25^0@ 25. fDQ� 66. 73 66. 73 � - t..i f„1 sept svc 5i3.37 � sept �^e lex hghts 90.00 - . . . 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(8 Totals Temp Check )Vumber 74 , �, 5421 6rand iota2 a t MAPtUAL CHECKS 16163 8,000.00 �ean•Qlspn 16I6� 588.00 Deputy Regr 16165 .15.00' North Star Chapter 16166. 25:00 5pectrum . I&2b7 . 152.4i. State Mutuai 16168 3;482.92 State Capitol C U 16169� ... . . . to i6242 3.,3�2.15 Electio» judges '18202 � 9,651,74 Pera � 16203 2,891.85 " 16204. .13s8�E " 16205 � . 285:00 •Great West •L' & A 16206 ' 955. �4 . xCMA � � • 18247 �,519.Q0 f�inn.Mutuai 16208. . 245.00 Mirin State Retirment 16209 . 3�,2.56 pakota�. County� � � 1&27.0. , � 405.OQ RaRota Bank� . .16222 19,83�4.30 • •" .. .. � '16212 63,564.87 payroll a/c . . 109;19$.58 �. G.3. 26I,OQ1.22 Engr vehicle 12/.13 meeti ng software adj. . . 12/6 payroll � n H �� {, N . �� ,� 151�802.6A e • - ' • . - i .. � .,�,: .. - - . . . Q . � :� . _ ... _. . - •� - -- .. . . . ... _._._,,.,... _,_ .., ......' . ,. ...:' .''__.. . . __-�_ .....-- - _.__ __.__ _ .. _ .. _ _._ _ . _ . .. - { �- •--. .. .. . ._ .. _ ._._ .. _ ._ . . .. .. .. .. .. .. . _. ._ ._ .. .. .. . .. _. . _ . ..._ _ LIST OF CONTR.ACTORS TO BE APPROVED BY CITY COIINCIL .- -��.- ' � Excavating Contractor License Whitney Excavating & Grading Gas Piaiag Coatractor Vito Mechanical, Inc. General Contractor License Dalbec Roofing,Inc. Schulmerich Carillons, Inc. CITY fJF MENDOTA HEIGHTS � December 11, 1996 TO: Mayor, City Council and City Administrator FROM: Lawrence E. Shaughnessy, Jr., Treasurer�2'�� SUBJECT: Lexington Heights Apartments Public Hearing R i 1 In August, the City hetd a public hearing to adopt a Resalution approving the refunding of the Revenue Bonds for the Lexington Heights aparkments. Due to an inconsistency between the stated maturities and the maturities in their Letter of Credit, it is necessary to redo the resolutions of appraval. Roger Gordon has reviewed the proposed resolution. ` • \ : • : � Conducfi the public hearing and adopted Resolution No. 96- A RESt�?ZUTION OF THE CITY COUNCI� {�F TNE CITY C}F MENDOTA HEIGHTS, MINNESOTA AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND SUPPLEMENTA� INDENTURES 1NtTH RESPECT Tt} TNE CITY'S MU�TIFAMICY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECTj SERIES 1991 A AND SERtES '1991 B. I.ES:kkb ROAI:RT L. C3?OSDY LLQNARD M. ADDIN6TO2S F?aA�rrr R. T3wsrx N. WALTER C7RAFF ALLEN D. DAIiNARD jiICFtARD A. PL'TEIISON Ro��Trr J. Gacus�axsax, Ja. Tanrrx J. We,r,z Fx,u�x VoaL Mw�zrNIIS W. V.�x PzrrrEx,.IB. DAVIT} B- M088E JOAN A. BUI?TON, ..Tit. Jwuss C. Dxar.c�s ROHEET L.ME7.LL+R�Ja• JUDITA A.ROGOSHESHE Scorr D. Ei.r.�a Cxasx.�s C.l�3saouisr B E S T' Sc � LANA GAN I'rofessional ISanited Liability Parinership E.JosLrri LnFwv� G��co�Y D. Soui.i: Gaxxx E. Gas�x PAT32ICH B. HENNESSY TIMOTFIY A.SULLIVAN BainN F. Rio� �ANIL*L Zi.VtT. �E7SCTN TRACY J. VAN STEENDIIRGIi DAv��p J. ZVs�tE STEVEN R. HBUOER Jax�s P. MicxaLs PauL E. Kn�.z=xsxi Joxx P. BoYr.s Ross C. FoaM�ia. GARYN S. GLCTVEE MARY E. SRF.AT2EH Beat�nan M. Ross �000 �sr�sT �ax�� r}r.�cL 601 S�COND AVLrNtTF SOUTI� MINNEAZ'QLZS, MZNNESflTA 55402-4331 HTTP�/f WWW.B�STLAW:COM (612) 339-7121 �AX (fi12} 339-5897 Direct Dial: (612) 341-9735 Decembex 9, 1996 Mr, Larry Shaughnessy City of Mendata Heights 1101. Victaria Gizrve Mendota Heights, Minnesota 55218-4167 Re: Le�ungton Heights Apartments Projeet Dear Dan: %'ipTtRIS �. KNOPF CATHL+RINLT J. COUI?TN�Y aJILL B. LA6R8 Taencx F Knc��rmo�xrER �IEANNICE M. RLrDJNO SARAH C237PPEN MADSSON �qHEAT i�. .i*�AFIER IiAViD H.�.T4HNSON Wityieas J. Moax�s Mic�L H. Pixx CIP COUNSiL �YARD II. LiWT5 ABCHIBALD SPENCER ROBERT M. SKAI?E �TOHN R. CARR4LL JeMas A. Oi.sox JAMES I. BEST 1902-IfJ6$ BosEax J. Furorecexr iese-isra Please find enclosed the resolution for the City Council meeting on Tuesday, December 17, appraving the Second Supplemental Indentures with respect to the bonds for the above-referenced project. Atso enclosed are copies of each of the Secand ' Supplemental Indentures. Please note that the resolution provides that such indentures will not be executed and delivered until the consent of the bandhoiders is received. - Upon adoptian of this resolution, please send me an executed copy along with the af�'idavit of publication with respect to the public hearing notice. ' There wi11 be a small closing package which we will deliver shortly. This package will include multiple signature pages for the indentures as well as some closing documents such as the Form 8038. Please feei free ta call rne if yau have any questions or comments. Very truly yaurs, ��.���� � �� Catherine 3. Co ney Enclosure cc: Roger Gordon Daniel R.W. Nelson Jill B. Laarr CJq11262�8619034Shaughnesry�65159.LTR ` RESOLUTION OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND SUPPLEMENTAL INDENTURES WITH RESPECT TO THE CITY'S MUI.TIFAMILY HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARTMENTS PROJECT� SERIES 1991A AND SERIES 1991B WHEREAS, pursuant to and in accordance with the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act"), by appropriate action duly taken by the governing body of the City of Mendota Heights, Minnesota (the "Issuer") in furtherance of the purpose of the Act, the Issuer is authorized to issue revenue bonds to finance the acquisition, construction, improving,and equipping of certain facilities to be located within the corporate boundaries of the Issuer; WHEREAS, the Issuer has previously issued its $11,000,000 Housing Mortgage Revenue Bonds (I.exington Heights Apartments Project), dated December 1, 1983 (the "Prior Bonds"); WHEREAS, the Issuer loaned the proceeds of the Prior Bonds to Lexington Heights Associates Limited Partnership, a Minnesota limited partnership, for the purpose of acquiring, constructing and equipping a 225-unit multifamily housing development within the corporate boundaries of the Issuer (the "Project"); WHEREAS, the Issuer has previously issued its $9,100,000 Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project) Series 1991A (the "Series A Bonds") and its $1,870,000 Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project) Series 1991B (the "Series B Bonds") (the Series A Bonds and the Series B Bonds collectively referred to as, the "Bonds"), the proceeds of which were used to provide for the funding of a loan (the "Loan") for the purpose of refunding the Prior Bonds; WHEREAS, the Series A Bonds were issued under a Trust Indenture dated as of April 1, 1991, as supplemented by the First Supplemental Indenture dated as of October 1, 1996 (as supplemented, the "Series A Indenture") between the Issuer and First Trust National Association (the "Trustee") and are secured by a letter of credit (the "Series A Letter of Credit") issued by The Sumitomo Bank, Limited, acting through its Chicago Branch ("Sumitomo"); WHEREAS, the Series B Bonds were issued under a Trust Indenture dated as of April 1, 1991, as supplemented by the First Supplemental Indenture dated as of October 1, 1996 (as supplemented, the "Series B Indenture") (the Series A Indenture and the Series B Indeniure collectively referred to as, the "Indentures") between the Issuer and the Trustee and are now secured by a letter of credit issued by Sumitomo (the "Series B Letter of Credit") (the Series A I.etter of Credit and the Series B Letter of Credit collectively referred to as, the "Letters of Credit"); WHEREAS, Lexington Heights Associates Limited Partnership, as txustee of Lexington Heights 1996 Trust (the "Company"), recently restructured the financing on the Bonds by entering into an Amended and Restated Letter of Credit Agreement with Sumitomo (the "Amended Letter of Credit Agreement") providing for Sumitomo to issue two new letters of credit to secure the Series A Bonds and the Series B Bonds, respectively; WHEREAS, in connection with the execution of the Amended Letter of Credit Agreement, Sumitomo and the Company requested that certain amendments be made to the Indentures, including adoption of new principal payment schedules with resgect to the Series A Bonds and the Series B Bonds, respectively; WHEREAS, Sections 11.04 of the Indentures provide that the Issuer may, upon resolution and upon prior written consent of the Bank enter into such supplemental indentures with the consent of all Owners of Outstanding Bonds (as that term is defined in the Indentures); WHEREAS, the Issuer, on the date hereof, held a public hearing regarding the proposed amendments to the Indentures pursuant to and in conformance with the Act and Section 147(� of the Internal Revenue Code of 1986, as amended, after publication of notice of such hearing in a newspaper of general circulation in the City of Mendota Heights at least 15 days before the hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA, AS FOLLOWS: 1. The Mayor and City Administrator are hereby authorized and directed to execute and deliver, with respect to the Series A Bonds, the Second Supplemental Indenture of Trust between the Issuer and Trustee (the "Series A Supplemental Indenture"), in substantially the form on file in the offices of the Issuer. 2. The Mayor and City Administrator are hereby authorized and directed to execute and deliver, with respect to the Series B Bonds, the Second Supplemental Indenture of Trust between the Issuer and Trustee (the "Series B Supplemental Indenture"), in substantially the form on file in the offices of the Issuer. -2- 3. The Mayor and City Administratar are hereby authorized to execute and deliver such other amendments, waivers, agreements and consents and to do all other acts and things as may be necessary to consummate the amendment af the Indentures in the mazzner contemplated by the Company. 4. If for any reason the Mayor is unable to carry out the execution of any of the docu.ments or other acts provided herein, any other member of the City Council shall be authorized to act in the Mayor's capacity and undert:ake such execution ar acts on behaif of the Issuer with full farce an.d effect, which executions or acts shall be valid and binding on the Issuer. If for any reason the City Admi.nistratar is unable to execute and deliver the documents or other acts pravided herei.n, any member of the City Council ar the Gity Clerk is authorizec€ to act in the City Administrator's capacity with the same force and effect as if such documents were executed and delivered and such act performed by the City Administrator. 5. Notwithstanding anything to the cantrary in this Resaiurian, the Series A Supplemental Indenture and the Series B Supplemental Indenture may not be executed and deiivered by the Issuer until the requisite consents af all Owners af the Outstanding Bonds to such documents have been obtained and rec.eived by the Issuer. Adapted December 1'7, 1996. APPROVELI: Mayar � City Clerk STATE OF MINI��ES4TA ) )SS COUNTY OF LIAKCiTA ) I, the undersigned, being the duly qualified and acting Cierk of the City of Mendota Heights, Minnesota, hereby certify that the above and forgoing Resoiution No. 96-,_ is a true and correct copy af the resolution as adopted by the City Council af the City of Mendata Heights on the 17th day of December, 1996. jb1111262\861903\64410.res -3- City Clerk � CITY 4F MENDCiTA HEIGHTS ��� November I5; 1996 �' � TO: Mayar, City Council, and Czty Admini�:��or FROM: Patrick C. Hoilister, Administra.tive Assistant SiTBJECT: Minar Revision in Bui�diug Permit for Manna Freight Discussion At the 4ctober 15, 199b meeting of the City Council, the Council voted to autharize Staff ta issue a Building Pernut to Manna Freight. At the November 19, 1996 meeting of the City Council, the Cauncil voteci to authorize Staff to issue a Building Permzt to Mani3a Freight to change the access ta the low roof from an interior ship's ladder design to a warehouse interior wa11 maunted ladder to a vsrtical door positioned at the lowest point on the front of the bui�ding to facilitate access to the Iaw roof. Manna. Freight now wishes to change their plans again to acid a second story to the bffice portion ofthe building. United Properties has approved in concept ofthis change, but still needs to review atI exteriar improvements including colars and materials, site lighting, signage, landscaping and e�cterior rnechanicaUelectrical equipment. Representa.tives of Manna. Freight plan. to attend the Deceznber 1�, 1996 City Council meeting to answer any questians abc�ut this change and ta provide written consent to this change from United. Praperties. Please see the attached materials: 1. A l�tter of Concept Approval from Dale J. Glowa of United Properties 2. A Bui2dirtg Site Plan 3. North and South Elevations 4. East ax�d West Eleva.tions Reeommendatian If the Council wishes to approve this chauge in building plans, the Council may wish to make its approval suhject to final approval by United Properties. CounciI Action Required Discuss this change with representatives of Ma.nna Freight and then ifthe Council wishes ta a1low this change, pass a mation authorizing Staff to issue a Building Permit to allow Manna Freight ta amend their building plans accordingty, j :y 'F 1 1 ; �',��, ^; . � 4t` %' ! ' �� 1����j! i r � . . [)ecemher i l, 1�96 , Mr, Ai Meehan Manna Frei�ht 9U� Apailo Road F3��;an, .Nlinnesats 55121 �ubject: New �'��cility D��r. A!: :_.:. : This is to advise �au that Unit�d Praperties has �pproved in conccpt the excerior sle�vati�n pians CA4 �nd AS dat�d Ueccmber 6, 1�96) far �rour �raject bein�; de�►eloped an �nterprise Drive within th� Mcnc�ota �`�ights Ausiness Park. • Pi�a98 CcsubTt'tit youC lin�l CqriStructiOn dr�wtn�s r6l�tiv,e �q thes� CitAnge3 tor Aur fina! ���rOY�I. .in acc�rc�ance with the protecrivc �aven�.nts, United Frc�perties needs t� sa�isfy ita�lf with sll exterior improvem�nts inciutiing c�lors and materials� site lightin�, sr�nage,landsc�ping �nd �exteri�r mech�nicailel�ccrical ec�uipment. � GaAd luck vcJith yu��r apnro�val procsss wiEh the Git� af Menr�ota !-leights. Cali us if v�e can be of sny ttssistance, V�ry tniiy yc�urs, , ���..,--- �ale d, Glowa Seniar Vice P�esident Devel��ment c; Gearge 8urkards R�ndy �i�ssn • �.� � :15�tt} V4'is� Ht}th �+1�'cc•1 Mitiu�•;t�n�li4, {4limtttscata SS�.I! f►13 k.�l-llNld) I�.t;: 1►1'?. 8�►.t-�#Sll4 � a � CITY OF MENDOTA HEIGHTS �� � December 13, 1996 To: Mayor and City Council From: Kevin Batchelder, City Ad s� or Subject: 1997 CDBG Grant Application INTRODUCTION Each year the City of Mendota. Heights receives a share of Dakota County's Community Development Block Grant (CDBG) Funds. By early January, the City's application for 1997 funding must be returned to the Dakota County Aousing and Redevelopment Authority (HRA). It is the intent of this memo to present a draft CDBG Funding Application for Couacil consideration. At the I3ecember 3, 1996 City Council meeting, Council considered a request from Owobopte Industries for use of our 1997 CDBG Funds to assist their acquisition and development of a new facility in Eagaa. City Council did not desire to use CDBG funding in this manner. At that time, City Council indicated they would like to use CDBG money for a senior citizen center in Mendota Heights. DISCUSSION Attached to this memo please find a memorandum from Mr. Lee Smith, of Dakota County HIZA, regarding this year's CDBG applica.tion. Although it is not yet l�own what the 1997 CDBG allocation for Dakota County will be, the Mendota Heights allocation is estimated to be approximately $44,000. This is the amount shown in the application request. Over the past five years, the City of Mendota Heights has allocated its annual CDBG allotment towards the acquisition of a senior housing site within the community. This senior housing facility is currently under construction as a result of the use of past CDBG money. The attached application has been drafted to request our 1997 allocation be used to identify an appropriate facility for a senior center, acquire or lease that site and make aay improvements such as renovation or construction that would be necessaly. At this point, the details are very sketchy regarding a senior citizen center and its location and design. However, a senior citizen's center has been considered to be needed for quite some time and has been unsuccessfully pursued in the past by the City. In past years, the City has used CDBG funds for various programs such as housing rehabilitation loans and for assessment abatements for seniors impacted by public improvement projects in the North End and Furlong neighborhoods. Because of neighborhood income levels, Friendly Hills and Curley's Valley View Addition did not qualify for these same assessment abatements for low income seniors. There is appro�ciinately $9,300 available to Mendota Heights residents for housing rehabilitation loans as a result of past allocations that have revolved back into the program. Because Mendota Heights has not funded this program in a number of years, Council may wish to allocate some CDBG money towards housing rehabilitation loans. If approved, the City's application will be submitted for consideration to the CDBG District 2 Review Committee. This Committee is comprised of City representatives from those cities within the District, and Councilmember Koch is our appointed representative on the Committee. RECOMIVV�ENllATION The attached application has been drafted to allocate our 1997 CDBG funding to a senior citizen center because the City has identified this as a need for some time. On this basis, I recommend that the attached application and approving Resolution be adopted for submittal to the HRA. ACTION REQUIRED Should Council concur with the recommendation, a motion should be made to adopt Resolution No. 97 _, A RESOLU'TION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HIIGHTS FOR FISCAL YEAR 1997 DAKOTA COUNTY CO1��N[UNITY DEVELOPMENT BLOCK GRANT FUNDING. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 96- A RESOLUTION APPROVING THE APPLICATION OF THE CITY OF MENDOTA HEIGHTS FOR FISCAL YEAR 1997 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING BE /T RESOLVED by the City Council of the City of Mendota Heights as follows: 1. The City Administrator is authorized to submit the attached application to Dakota County for a Community Development Block Grant in fiscal year 1997. 2. The application is approved by the City Council and the Mayor and City Clerk are authorized to execute it on behalf of the City of Mendota Heights. 3. The Dakota County HRA is designated as the administrative entity to carry out the program on behalf of the City. Adopted by the City Council of the City of Mendota Heights this 17th day of December, 1996. � ATTEST Kathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto Mayor ♦. �. v s Dakota County Community Development Block Grant Praposal Fiscal Year 1997 City of Mendota xeights 2 Legal Name o£ Applicant Community Deve2apment District 1101 Victoria Curve Legal Address of Applicant Mendota Hei�hts M� City � State Kevin Ba�chelder Cantact Person Cit,y Administrator Title Mendota Hei�hts Senior Ca.tizen Center Project Name 5511$ Zip 452-1850 ?�hene Numb�r . Ta provide a senior citizen center in Mendata Heights ta provide space for ,�eniar citizens to gather for recrea�ional, commuaity and participatory activities. 2his Pr�i��� �.s intended to 2dentify, design, lease/acquire, and �enovatelconstruct appropriate facilities. Brief Description of Project $44,000 Amoun� Requested r �CD�cdbg-pro ` M ♦ 1. Has this project received CDBG funding before? Yes X No 2. Project duratian: One Year x �ther (Specify} : Tt mav be necessary to use multiple annual allocations to compl.ete project. Proposed beginning date: Propased completion date: 3. Grant funds will be used for: Acquisi�ion Clearance Acti.vities �ispositian Ecanomic Development Planning �,_,� Public Facilities Public Services Rehabilitation Qther (Specify) : 4. Federal objective addressed (attach doeumentation3: � Benefit to low and maderate income persons = Total number o£ persans benefitting: - Percentage af lowJmoderate income: Aid in the prevention ar elimination of slums and blight Alleviation of urgen� community development need 5. Genera]. description of the project tinclude project goals and importance to community) - attach additional pages if needed: - To nrovide adequate facilities to serve our grawing senior citizen populatian. No such facility currently exists in Mendota Heights. This praject"s goals would be to identify an appropriate facility for acquisition%lease and to make appropriate renovations �o serve as meeting space for seniors to cangregate far social and recreational activities. 6. 7. 8, �� 3 V Descrip�ion of project area (attach map}: Not yet knnwn. Census tractjblock groupts} included in ar�a: Al1 census blacks within the City. Construction schedule: x Not Applicable Appl.icable If applicable; Estimated date cons�ruction will begin: Estimated date construction will be completed: Project cost: Total praject cast: $ Amount of C.D. Grant requested:$ (Percentage of to�al project cost? : 1QQ % Source and amount o£ other revenue: _ $ $ $ Budget summary by activity: Activity CDBG enior Citizen Center $ 44,OOQ S � S Other/List Saurce S Source• S Source• S Source• S Source• Total � 44,OQQ $ S � .. y I0. Additional supporting items submitted wi�h proposal {check if a�tached}: Benefit documen�ation (See question 4) Resolu�ion of governing bady requesting grant Additional project information Map ar sketch outlining project area Professional' s certification of feasibil.ity and accuracy of scope and budget (engineer's, architects, etc.) Letters in suppart of projectjor let�ers of commitment ather tSpecify} : ------------------------------------------------------------------------- Certification I cer�ify,that the statements and application reguirements of this official proposal are correct and that this proposal contains no misrepresentation ar falsi£ications, amissions, or concealment of material facts and that the information given is true and complete to �he best of my knowledge and belief, and tha� no bids have been awarded, contracts executed, or conatruction begun an the proposed project, and that none will be prior to issuance of a Release of F�nds Notice by the program admin�strator. Signature of Authorized Of�icial Title Date u 4 .� � 1�AKOTA COUNTY 1-lucising cS� Redevelopn�ci�t Authority r>>z-�z3-�soo Z�I�)6-I-15t1i St \C'. • R�„cnr��unt, biN S�OGti • T.I).17. G12.423.8152 » PAX G12 I�il TO: Participating Ci�ies in CDBG Dis�ric� 2 FROM: Lee S�tith, Dakota Caunty HRA DATE: lOj2f96 ��.�,..►.�i.wro-�u rs�arr.y.�....... RE: Dako�a County Community Develapment Block Grant {CDBG) Program Application far 1.997 Enclosed i� the application form for Dakata Cotznty's Community Development Block Gran� Pragram for Fi�cal Year 1997. This iorm, with suppart3ng documentation and a resolution o� the governing body of the municipality (a form ot resolu�ion is provided for your information), must be returned ta the Dakota Coun�y HRA ario later than December 31,1996. The funding amount for FY1997 is not known at this time, but is expected to be about the same as was received £ar.FY1996. Based on the 1996 funding atnount and the mos� recent formula allocatior� provided by the U.S. Depar�men� of Housing and Urban Development, Di��ric� 2 v�ould receive approximately $460,400 as its s�are of the County�s grant. We suggest that you use the above funding arnount as a guide when preparing your 1997 applicatian. Funds are awarded to applicazzts within �he Distric� on a competitive basis; the con�ribution of each Ci�y tca the total Dis�rict alloca�ion is alsa a cansideration in makin.g funclin.g recommendatians. For your informa�ion, I have enclosed a breakdown showing the percentage of the Dis�ric� to�al funding tha�. each City contribu�es according to the current HUD formula allocation. We will notify you when the 1997 funding amount is known so that applicata.on requests zrtay be amen.ded if nece�sary. CDBG Program funds generally can. be used for projec�s that pravide a benefit to persons ot low and modera�e income or tha� aid in the elimina�ian of slum� ar blighted conditions in communities. If you have questians abaut �.he program or about the eligibil.ity of proposed ac�ivi�ies, please call this office. Questions shauld be clire�ted to me at 423-8113 or to Diane Nordquis� at 423-8112. Either af us will be happy to assist you in preparing an applica�.ion or in documenting the eligibility of a proposed acta.vity. CDBG recipient� with on-going projects may also request reallocation af unu�ed �unds at this time, if desired. Please call us to discuss the reallacation process. "AN EQUAL OPPORTUNITI' Eiv1PLC»'ER" _i CDBG Program funds ior P'Y1997 wi11 not be available for expenditure an project activiti�s until after Suly S, 1997. In order to rnee� all documentation required for funding approval by the Department of Housing and Urban Development we mus� begin the application process at this time. Your cooperation in meeting �he proposed applica�ion deadline will be greatly appreciated. We look forward to working with you in 1997! � � . Inver Grove Heights South St. Paul West St. Paul Mendota Heights Lilydale Sunfish Lake Mendota 34.260 31.320 25.260 8.300 .350 .35% .170 .- . :. 1 � CITY OF MENDOTA HEIGHTS �� � December 13, 1996 To: Mayor and City Council From: Kevin Batchelder, Cit Admv���iti�tar� Y Subject: Third Parallel Runway Contract with the Metropolitan Airports Commission As the City Council is aware, the Minnesota Legislature required that the Metropolitan Airports Commission (MAC) enter into a contract with "affected cities" providing that they may not construct a third parallel runway. (Please see attached statutory language. ) Mayor Mertensotto, Councilmember Jill Smith and myself have been meeting with MAC officials and representatives of the City of Minneapolis and Eagan over the last couple of months to negotiate an agreement. The negotiations have been lengthy and diff'icult. Attached is a draft of the agreement that has been reached by Mendota Heights and the Metropolitan Airports Commission. The Metropolitan Airports Commission will be consideri.ng this agreement at their meeting on Monday, December 16, 1996 and an update on their meeti.ng can be provided to the City Council on T�esday evening. Originally, Mendota Heights and Minneapolis desired to have a joint agreement with MAC. This proved not to be possible as Minneapolis cannot offer the level of support for the North-South runway that Mendota Heights can offer. Minneapolis desires a longer term for the contract, which has been the primary issue throughout these lengthy discussions. Essentially, this agreement prohibits MAC from constructing a third, north parallel runway for the period in which the agreement is effective. The term of the contract is through the year 2020 with three automatic 10 year renewal periads which carries the contract out until the year 2050. The agreement defines affected property owners and provides them with third party beneficiary rights in the event the agreement needs to be enforced. The agreement also provides Minneapolis and Eagan an opportunity to become signatories to the agreement. The Airport Relations Commission reviewed this document at their meeti.ng on Wednesday, December 11, 1996. While they feel it is not a perfect agreement, they agree with Mayor Mertensotto that it is adequate and should be supported by the City Council. ACTION REQUIRED If the City Council so desires, they should pass a motion authorizing the Mayor and City Clerk to execute the agreement FROM OPPENHEIMER (MPLS, ) OPPENHEIMER �X1Q�,FF �3 DONNELLY PIaza VIf ' S Sourh $even[it Street ��e 3400 .•�inneapolis, MN 554Q2-1609 {G12)344-9300 FAX (G12) 344-9376 Direct Dial: (6 S 2} 344-9370 _ .;_ _ !u! � Decem'ber 13, 199G Kevin Batchelder City Administrator l 10l Vicioria Cvrve Mendota Heights, MN 55118 (FAI) 12. 13' 96 08:58/ST. 08:57/N0, 3560061356 P 2 Re: MetropoIitan Airports Commission/Rumway Contracts Dear Kevin: s�,�eis Ch icago Minnea�pol is Ncw York Paris Saint Paul Waqltingmn, D.C. Please f.tnd accompanying tbis cortespondence wlaat I believc is a fina.l draft of the aBreement between the Iv�etrapalitan A.irports Commission and the City of Mendota HeighLs with respect �o Iimitations on construction of a thisd para11e1 runway. I would ask that you, please confirm with either Tom Anderson ar mysclf 1]�at this agreement is satisfactory �om tbc perspective of you aad your negotiating team. �,s I indicated to yotz 1n o�r telephone can�ersation af, Aecembct 12, 1996, the Commission sta� would like to present this agr�emenl• to the Metropolitan Airports Commissian at its mee�ing on Aecember 16. Vety tiu)31 y41tT5, ����-�. �• ' Donald W. Selzer, Jr. ' �= DWS/lan cc: Ti�omas W. Andersan Nigel Finney (w/Enc)osure) (Via Facsimile) ♦TC2 2Q3562 vbf 9?l13/96 �'�OM OPPENHE I1�EA (MPLS, l , I. Reciials. (F�I l 12. 13' 96 08: 5$/ST. 08: 5 r/N0. 356006i356 P 3 CON'T,'RACT PERTAINING ?O LIMITS tJN Cq�STRiJCTI4N C}F r�. T��IRD PAR.ALLEL RUNWAY 1. 'The Minnesota T�egislaiure, at its 199G session, h�s enacted Laws of Minnesota, ChaQier 4f�4, Art. 3, Sec. 10 (b.�rcinafter "#hc Runway �tatuce'�, which, arnends Mibnesota Statutes 1994, Sec. 4�3.608 to require the Metropolitan Airports Commission (bereinaf�er "t-he Commission'' ar "NtA.C"} ta entex into eezi:a.in cantracts vrith "affected cities." 2. The Rru�.wa.y Statute defanes "affected city" as being any cit�r that would expe�cience an inerease in ti�e area Iocaied within the 60 �,dn naise cantous as a result of aperahans usin,g a third parallel nrnway cansttuct�d at t:he Twiz,. Ci.#�es Irttesnat�ional Air�ort (he;r.einaiier "the A,irpvrt"). . 3. Thc Commissian has det�zmined ihat the City o£1v�endota �ei�ts (hereinafler. •`the City'� is au affec#ed ci�y witttin the meazting o�ihe Ru�way Statute. � 4. Tk�e �:ommissiam arad the City }zave met az�d negotiated in g�oc�d faii� conccrning ibe tezms aad conditions of the contract required by Yhe k�unway Statute, a.r�d have ar,rived ai az� agreement �herei.nafter "fil�e Agre�rneni"} wbich both patties desire to sei fc�rth in, writting. II. �efiaitions. 1. 'The term "third parallei zunway" sUall mean any nu�.way used for the arrival ar depariuze of air ira�f c at �he Airpart aonstracted ta the �oorth of and gen�rally p�araiie� to the e�sting para11c1 zmtways Iaiawn as 29I,111R and 29R/Z 1L, 2. The term. "constract°' s}aa.11 mean physical canstruction and �zons prclimin�ary to constr,uctioa, includin,g land acquisition, inc�usion of fi�nds foz� construction in the capital impmv�a.ent program budget ar solicif;at�on of bids foz perfozmance af ph�sical wnsi�ru.ction n avi ed. �that tlxe term shaJl not include plazaxung activYtyr, Tk�e term `•const�u.ct" shall n�t inciudc land acquzsitios� by the Commiss'ran wl�.i.cb include as a restrictive caoven.an.t in the deed ofconveya�q.c� th�,t tUe acquired lar�.d �1�a11 not bc used f.or 7vawaY P�Poses during the period for which tl�is A�em�nt is eff.�ctive, �2L�vided tl at such restrictive covenant sha11 expressly run £or, the be�.efit of a.ff.ected property m�ners aad tlie Ci�y. � 3. The t�;rnx. "apptt�val" shall mean a le�a.tly binding assent oceuaing tlzrvugh action by which the ci�'y Iegally Uin�s itself. F�iO� OPPENHEIME� (MPI�S. � s � (FAI l 12. 13' �6 08: 59/ST. 0$: �Z/N0. 356006�356 P 4 4. The term "affected proper.ky awner" means any owne�r of. r.ea1 praperty wllich praperiy is wztbin that gari of tl�e City whioh: � � a) would be brough� into �e b0 I.dti noise contout as a result af opeta�ions on fhe third paralJel nznway; oa� b) is wi�hin tb.e 60 T�dn. contour as detexmined without the thizd parallel nu�way and which would experiencc a 1.5 0� grea�er Ldn increase as a resylt of okreratians on a third para11e1 n.uiway, The Commissian a�d tbe City agree that a diagram wliic�i deszgnates ihe arca meetang this c�itezia sha.tl bc develaped by the �Cammissio� n,ot laier than ninety days subsequent to �xecution of ihis A.,�reement by the City, which diagram w��l be subject to the City's teview and ap�rovai, Terms !. T'he tenr� of th%s �reem�nt sha.11 be from the date of appr,oval by the City to December 31, 202Q� subJect ta the provisi�ns of this paragraph. C?n 3anuary 1 vf 242 €, January 1 of 2031 and Januazy I of 2041, this agreement shall bc automatically renewed for an addi�onal teu year tcrm unles� both the City and the Commission agree, at any iim.e priar to the expirafion of the prcvious t�rim, tha� the agreement sha1l terminate without su�h renewal. Commencing c�n Tanuary 1, 20�2, th1.s Agre�ment and any renewals ihereofmay be terrninat.ed. b� statutory eaactment wltich contains an express finding by the Minnesota L,egislatc�re that, im its judgmcat taking inta accaunt �hc welfare of tha State of I'+�inncsata, t�iere is no prudent ar feasi�Ie altez�native to cemstiv.ction af a third para11e1 n�pway. � 2. T)uring the period for whx.ch this Agreement is e£�ecrive, the Commissian promises that it shail not, withaut �Iie approvaJ of"the City, canstruct a t.�i%z�d parallel nitiway. The Commission promiscs that priar to �"lecember 31, 2�20, it sbali not af.iirmatively ad�vocatc constxuction of a thi.rd parallel zuztway, aYovi ed that not��img in tbis Agr�n,ent shali prevent the Comr,rtissior� fram res�anding to requests f.or information and advsee matie by the legislati,ve ox executive b�anches of state gavert�ment, or iheit constituent parts or designees. 3. During �a.c period fox �hich this Agreem,ent is effective, the �ity promises that it sha.11 i•ake no actian to ogposc the planning and canstruction o£ a N'ar.� 5outh R.unway, as such runw�,y is described. in the Aarport's 20101ong-t�tn cvmprehensi�e plan, tl�e implente�ntat�o� of. which. is aut3wrized by Laurs of Miniaesota 1496, Ch. 4�64, Art. 3, Subd. 24. �thout I,imiting the gcneraliLy of tbe f.oregaing, tlze City agees: a) its appmvaJ of. this Agr�ement const7tutes a declaration af the City endorsing ihe corisiruc�ioz� of �Ize 2bove-described I�orth Sauih Runway-, and FA4M QPPENHEIME�i (MPI�S, � (�'AIl l2, 13' �6 08; 59/ST. 08; 57/N4, 356D067356 P 5 b) it sha]I �ot institute, be e, paxi.y to, financiaJly cvntribute to or in any other manner suppoz'f an.y legislatit�n or I�,gal, p1'oceedings (whether judiciai, adr.�riinis�rative or. other} which, have as a goal or an eff'ect the delay or prcventxan, afc�ns�tuc�ian of the above-dcscribed Nvrth South rwxway, inc�uding vYi�haut lim.itation, proeeeda,ngs asserting ri�hts under environmentallaws or regulation,s. 4. It is intended hy the Cvmmissian, an.d thc City th,at, during the period i"or �►hicb i%is A.greernent is �#.��+Ciive, ihe aff.ected �roper,t� ownezs shali have third naz�y � benef�ciary rights to e�n,farce this Agre�nnaent in the event fhat a state law cl�an,ges, supexsedes ar invaTidatcs 13�.is A,gr�e�ient 6z if'a stafe l�.w auihorizes or enables �be Com�nission to cansttuct a t}urd parallel runway witliouL approval p�'th,e City. Tt is further agr,eed that this zighi of enfot.ceaient sha11 itzclude that �ght to seek specific enforcemez�t and injunc�ive zelief. Said third party beneficiary rigk�ts shall c�ase u�an fl�e expiration of this agreemen.t or its ierminatiar� puxsuant to paragrapl� III. l.. of this Agreement, S. This l�geemertt cons�itutes the enfii,re unders�an�ding of the parties hereto and sh�J not be subject t�a any alteration, supplement �r repeal except as agre�d ta �n writing. Thi,s Agreeme�� shail be bind�r�g upon the paz�zes arid iheir successa�s and assi�s. 6. Tlus Agreement sha11 he hinding upon and inuze to th� bcnefii of any c�ther af.f.ected city wl�i�ch, by formal action, approves its terms and notifies �Iie Commissi:on of said agpraval, �rovided tha� such affected city gives sucb t3trtice ta ttte Commissian on oz before Ju1y 1, 1997. Notbing in this A�r�eme�nt shall prcvenC t1�,e Commissio�� and affe�ted cines c►ther ttian �h,e City fzam reacbing a separate a�z�emen� with separate teims. .rr.�• �n,ar;� �ma a����ma r t3'�i��/96 � K � . a 1 13.29 EXECTIUE -► 612 452 8940 u N0.844 D03 ��ec.�1Q. ,�Minnesota �tatuies 199�. sectaon d?3.648, is �q�nded by adding a subdivisiors tn read: ' . Subd. 29. CONSTRUCTIO�N r3F 3 THIItD PARA���L BLi3�iWAY. ta} Tt�e c�or�oora- #ion must enter inio a coa�ttaet with �ch affect� c�v t� �nvid� fi�e cor�raiion mav not Y \ �.�.: ' � ' _ . ti�t��i%i _ !G 0