1996-12-17•,:�� ,
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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.
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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
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�%. Hearina
a. Lexington Heights Apartment Bond Refinancing - RESOLUT/ON NO.
� 96-98
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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. '
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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.
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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
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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
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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.
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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
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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 ? wi�h
�he reduced grading and pond reshaping.
CLAR�MONT URIVB
.�ALE= 1''so'.
'SEI 0' Sfl M0� 15d
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Me�ra . HE�4�tTs Ro,�ti
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DRG. #1 Original Concept
Plan Develope' �y
Joni Giese
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4RA'PE T�Pi;�1�A��E '�cJALE
At�ori�s�q� '?�.T�-t P•n�D �uT
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DRG� #2 Staf� Grading P1an
With No Pond Grading
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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�
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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
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.
..
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* �� � � � ��
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
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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
$38.8750
841.42S0
842.4750
835.SSQ0
838.4500
847.2500
842.6500
469.1575
469.36'75
469.11'75
469.2075
469.2925
839.5000
842.b500
838.4500
838.7000
1355
1355
1346
1346
1364
1346
1346
1346
1345
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I3A�6
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1346
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1346
1346
1346
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1355
1355
1355
1355
1346
1346
1346
1346
469.3375
468.4625
842.4600
83'7.8400
1860.0000
838.8900
838.8904
838.0500
83$.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
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$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
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13'78
1378
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1387
1387
1387
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1387
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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
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2
2
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5
5
5
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5
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10
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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, � �
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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,
,
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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.
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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
/
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,
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:;::�:.:.:*,w_ _=�; - -..��:s_ �....�,. ._;;�.. _ ;;.�, ;�.' aPt� lu-Adm:b..; u.,. ,e., e t;.50-Roads::_ : ,.,:�.����,".�`•; �. �' ,.x
':i'� ;r'7�.• - — .p"" y�:ii;:i.�' h.n«� ", . ;P' . i t''�r�..p
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�����i ;,,����:.� ;'K' ..�.r�.,:t ;.:��~,.�=1[�iJA96K-:�*,, t�r.;.'i•;5.,yo ,.r::.e�.���. _; �.. :�� �_.60 Utilities� s•
�j'a"� r �.i.w.;t.::i.: �s,E.r1'}� .i;�:sFi:�" � s'.�i / x./ r :�.>.•: - �%�rv. .`;�.:.. ��r•2 p �p .5. � � �v��*. k :.;rt �^ -C` � ''!
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t- - . , _ _ . y `=�,:�r���; Claitr�s i:ist� :nc.:..,;>�-�i: �x� .... t � '. ^' �• - - ,,,
Frf lis@8 RM .. _ ,.. i30-i;���,-r_.,-�' ��s.. `SD-i'�d�#i��it � �^- :,t,;.. ,'Paae.2� • ,;;�t .,i � t,� � =.r.
� .�i � � .. . } 1 . �. .. f ���.:.�`s wi.fi.:- t'1 ,'.t::`":!{��1+.h1fL.ru
� Eity of Mendaia.Heiohts ,. s
� , 40-CE0� 85-Recycling ` E7
7erng Check Num6er i '' "' . 9Q-An9mal Contr9l
} .. . . .
7ernp. �
Check
Nurnber Vendar Narne Account Cade Camrnents Amaunt �
ti
1 Air Touch Cellular 01-4-'"�.10-020-20 nov svc 2c4.03 � .
r'j 1 Rir Touctt Ce12u2ar : 03-�►210-ID3@-3@ nav svc _i�^69 �
2 234.?0
Tata2s 'iemo Check Nurnber 1
��
Temo Check Nurnber �
2 Aibins�n @5-4305-105-15 spiys 80,88 �
2 Albitrson 01-4s00-080-80 splys 22,97
2 Albinsar� 05-43fII5-SL�5-25 srs2ys 52.25 �-�
6 155. 10
s Totals Tema Check Nucnber 2 r•}
Ternp Check IVumber 3
. r^x
3 Aoache 0�1-4305-05�+-50 • saiys 225.35 � �
3 Apache „ 01-4305-050-50 splys �5.93
� 251. 28 z ;
Totals Temn Check Nurnber 3
'�' Temp Check Nurnber 4 � ' �
4 Anoka Mennepir� iech Callege 01-4400-@30-30 Iive burn trrEg 400.@0 :•,
4 400. 00 �
• Totais Temc Ch�ck IVumber 4
Temp Check tVumber 5
.- 5 Ancorn Cararn Inc 01-4620-030-30 batte�^y mtc» systern E, 132.43 �'�
5 2, 132. 43
Tatals Temp Check IUttmtrer 5 �
Temp Check Nurnber 6
6 Huraper to Bumoer Qif-433Qt-44QI-20 part� 7, 98
6 7. 98 , ,
Totafs Temp Check Number 8 • -
Temp Cherk Number 7 • �•�•'
,.r �, _ . . , •
7 City Mator Supply ' � _ 01-433Q-440-20 , � pai^ts ' ' . ' " ' ",:" 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.�
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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. 'M•c�
;,"::. ��.,C.r.::� � 'S:Y :..�'S;:».i , �w.,;+"�'; :r�.- cp.; .;t.,� ;rt;;`__ _t�:,:. _ :.�:.,.. _ _ .. , .._ , .,.;....'Sti.�,, y r�;,.,,A;" ,�^
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'�; .t , a,�'.} r.. .a'.. .r� � `.y5- a. :��" ��..�.0 "�':l"'S,, v.• �:':y�s�s;, y. �sz z+i':n ri '3, � ��e .� F7'�� •'l..
i,. � c�� t�. Y - i 'a� k�,1y {. .1 JS � � ' ;x �<, , ,'i. : ! .:, i n:..t• •:i, ..h r :.�2p t �'T
,t' .rt` I:n ,�-,��r' q�, .Y' "r.l:r$i,;:l'.ii- a��"�r w � k, �,��:.�1 %;.t ' "S"5` ;%,
'1'Y .ia: v � � . .,L� . �sf'a.. :�k� Y.. � .;.%. ��. - Y�';• , ti ,�. '•. • � ':S: , f A.r'• :f' oy , . ��." .C�� �::d �.� :i: `f � ^'� "' !
.a���+`'',�v'1� ^� n`+ ''q'i ;"'.'3"t�'s^•y ... L.-t�Fh��'sf� >: ���k`�r.:'ir:a".. _._g.9s`7r.�:r? b,�. . . � , .. a":��..?";;v,?�,q, � ,..k.��...;?�,�•–�'irh;^}*�.�S.jA
,,;,�.�"23��Dee�__:i6'•^.,'���x :x",,•Y-n`��:�....�.. ��.,,F. �r�..>.��.���;�;�•_�°Clafttts �ist";a>� . � .: . . .. . :�'s� ,;,..,�..�. ;. ,.�;.;,= r,l'<" _
' r . , •�. .Y� r,� _ �."�, . _. ,.�s _ .,,��;. . . �._ . `<` , - _{ - . ""P�ge 3 ' , � � • a{� .
.� �Fri fZ�s�B�;AM � , • . : , ' � City of Mendota Heights ' ��`�' '
�
Temp Check lVurnber 13
� 7ernp. '
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��".�
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�a x .Dec _ �5 =Y'.;;�^ `�'�,'- •'� •z�•.r _.,��:s- �= n:�;-�,�� '�r�.:�. . Caaims i.ist �:.,.,�,....�.,�.� .• - .}..�<. _ . , , .� , . . `.� �,�r,��, � �,. _ t�n . •',� � -
.,. . -1'3` �rx-_ .+�..u, ��.,���'�.,•�:,��-.��., =�.�+-. �.. .r r� ,.., �, ,x:�-.�:-. i:='� � ?:• Page 4��.�:� _ .
�9 s:.`„�::�' ;'�.5..". � e�::;',. :L�:
� Fri+�ii`t08'::AM�', . `. ... - .. .., . ..,.�.�....`C3ty of'Mendata•Heights� . .. . ..,. ,
Temp Eheck lVumber �0
"l
7emp. '
Check
, Nurnber Vendc+r Name Rccount Code
20 D C Hey Ca 01-4335-310-70
;-� 20 D C Hey Go 15-4335-310-60
60 -
. 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 _, __-. . _ __ _ . __ _. _.. ' :::
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.f'x ,� t`.�i. � o!,W.n � n�z �a ai'�s. "L..."'"�=5.'H. Y�['i.��::7��t:?i���`�4,ti}z �
,.,a3�_Dec _�. ' . � , ^ /Cla�ms �L�ist. ,.
j • ' A: b�y �6 a .'3st9tj.� l,kt, vr£.s,f . � � 'ir 5rfr:��-pj,TJ.t�G ^"+f;Y. , .�..r',.: � . . . . > . , ,
.,=Y¢.�..,.
� , Fr£• ifs@8,flht'�.��ta,.. ,�,' � , � :r , � ;i<=,.>.; Cityr:of.Mettdc�ta Heights , ,
Temp Check hlurnber 26
:.�
Temp.
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 , ... .. Y f�:r � 'i' �' i�L� $`�.S" � .g�� `�Cr' ?�.^xS r ,.ri ,yt. � .:. xV7 .; �,��� :��.3�,���g . y���tx
.: :ti � �.�.�:�$�'��4u�t;j'� afi. . . � " p'r �;Z. r :tx��`..•"r,�iEY?'�,!-�. �- 7
�f3 �De�,,.�86'� at,�; ^��+.�,; �;�;�, z . � � . � .'Ga:�Claiisrs•�E.i,st=., �.:�-.�.
, *hei •.I�f}'„�'`, Sx'.:k�k ,.`j� _ '•Llt.'������.i:..". ,� F����_.s:y �-;
-� Fri� i S:mB AM f '.. , .' • c ft"';'cfi �" . � ," C�ty of inendata` Heights �� Y',
Temp Check Nurnber 39
1
Temp.
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. '95
42. 95
42. 9�
42. 89
237. �'3
m
89. ll�3
89. @3
i 3. 50
13.50
27. 0@
62. 11
62. i l
r
� �..
130. 69 .
99.91,.
21, 97 � ' � �'j
43.63 . , .
20. 28
3fb.48 �_..,.._...... _: ; .....:.'. � .._._
;� �:.::�....�
� � "`� �13• Dec:
;-� Fri i1�s08
Temp Check Number 5�
..�
Ternp.
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. ';�. ��' t� .'.P ,! �.�'',�� � ;?,:2.p,4:S'r..i" -L�: ,t7�.:.:� m
� ' 13 :'Deo, _ _ d6;�.;.".�,. •si�.� , ��s`x�� .-.J•.�i�= , ,c'';. �;:, . t v < < . •- C22ims Lf st. �`, .r: .,r•. �
-� Fri 1in08 AM � � � �. - ' � , City af Mendata Heights `" �
� 7emp Check hlumber S9
.-7
� Temp.
Check '
. Nurnber Ve»dor Name Accau»t Cade
53 Snyder Drug Stores i5-430@-06@-60
t=� --• �
177
Tatals Temp Check Number S9
Temp Check Number 60
60 Dave 5orhy 0i-441Q�-@50-5@
60
Tatals Semp Check Nurober 60
Temp Check Number • 61
61 8authview Ghev 0i-433t�-44t1i-20
61 Suuthview Chev 01-4330-440--20
f22
Tat�ls Temo Check Number 61
iernp Check Nuraber 6�
� 62 5tate Mutual Ina 01-4131-020-2Q
'``'' --
62
, Totals Ternp Check Number 62
Temp Check Number Ba
63 8uperamerica 6rrr�up 16-4460-00@-@A
6s
Tata2s Temp Cherk lVumt�er 63
7ernp Check Nurnber , 64
64 Tapco t�i-44�0-050-5@
64
Tatals Temp Check !tilumber 64
Temp Check Number 65
65 Twin Gity 8aw Svc . 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..�_�'. " .1
--�/ =�h yY,�"�e`'fi[f� �w. ,�� :,DJ: '.`�• �: '�.�5 �i:t ' r�� k•Z°Xi'.r„n ,'y-+r� ,r.;r.?,: Fr.,',�, "�.ya, N� tr .r?�r y � S. j " A7 Y , �,'� "'
� �.� s� �''Z;' f�t*,. .�:4'i'" �... ��u',: G 2�4'�s it.�i`e;'�'i�� % 1' �+,'r,� �; Y'i�
•f`til`�(�' .j✓'•%', r S' �n,. .,� p;t'y;i:;�`.. �,�j�y� ;Y; �d:, �i� .;� w,r,,. < <� , #;t.
:r '�r.�.�:SU;r.�.�k'JkC?7.'F. ^„� q av:'� y .;�.��� �' �ti�,:i�. ,r, i'i
' ,;,w t" .S'•' ti'iG`� Yc�� Z�"e�..'1"L •� '" ' — . �'i � µ.,,
s`�5: . i1. �; i v �j �Y% ��,�'2.`y,`^�"f f.. �' .���i .W # Y. `f/.11.1�:1'+�
a? !�.x %+. ,'s.'r, ��. a: «r�. i r '�4' � -sc.y k`•. �L;.•,� �;�<.'.. s�tc� t.. �l'
1' "i..�'.F}EC;$a�}�i•r-z::: =�;; . . ..;'.3;��...f.� .r.s,�.�:. ?:" .-ti�' i.�8�R�5 ��5$. " .r i,. s. h�:�..::'5;�:
• '�'.. r , .
:� Fri iix08 AM . ., ' � '.. .' , City..of Mendata Heights4 . . . ..
Temp Check Number 66 '
"'}
Temp.
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 - . .
. " sept re curleys ' 168.00 " �'. "
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771.37 .
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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 _
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0