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1996-10-15�� 1. 2. 3. 4. 5. i A ' / � ' CITY O� MENDOTA HEIGHTS DAKOTA CQUNTY, M[NNESOTA C[TY C011NC[�. AGENDA October 15, 1996 - 7:38 P.M. Call to Cirder Roll Cai1 Agenda Adoption Approval of Clctober 1 Minutes a. b. c. d. e. f. 9• h. i. 1 k. � � • � «Fl C=�"iT .�ii � Acknowledgment of the September 25 Airport Relations Commission Minutes. Acknowledgment of the October 8 Parks and Recreation Commission Minutes. Acknowledgment of the October 9 Airport Relations Commission Minutes. Acknowledgment of the Treasurer's Report far September. Approval ta Appoint, for a One Year Prabatianary Period, Civii Engineer I. Acknowledge Receipt of NDC4 Executive Director's Report. Authorization to Prepare Specifications and Solicit C2uotes for a New Capier. Approval of Private Watermain Agreement - Enterprise Corporation Centre. Acknowledge Receipt of Information from U.S. West. Approvai to Replace Rescue Command Vehicle Radio {Fire Department). Approvai of Resalution Accepting Engineer`s Feasibility Report and Calling for a Public Hearing for Street Reconstruction and Rehabilitatian Improvements to Serve Tilsen's Highland Heights, Titsen's Highland Heights Plat 2 and Tilsen's Highland Heights Plat 3- RESOLUTION NU. 9fi-83 Approval of List of Claims. Approval of the List of Contracfiors. Approval to Begin Bidding Process for Replacemeht of Fire Hall Roof. � � � � � • � :- ��. t � I 1 I I' I . . .'.' e 7. Announcement ' a. Mendota Heights Fire Department Fifty Year Celebration. 8. Presentation a. Fifth Annual Fire Awards 9. Continued Hearina a. Bunker Hills Street Project Reconstruction - RESOLUT/ON NO. 96-84 10. Unfinished and New Business a. Discuss Stroh Critical Area Ordinance Extension Request (CAO 96-05). b. Review Building Permit Request for Manna Freight. c. � Review Building Permit Request for GNB (Genesis Architecture). d. Discuss Tenant Sign Policy at Enterprise Corporate Centre - United Properties. , ** e. Discuss MSP Mitigation Committee Recommendations. 11. �ouncil Comments 12. 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 possibl� on short notice. Please contact City Administration at 452-1850 with requests. . . �' . � . � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CITY COUNCIL AGENDA October 15, 1996 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of October 1 Minutes 5. Consent Calendar a. Acknowledgment of the September 25 Airport Relations Commission Minutes. b. Acknowledgment of the October 8 Parks and Recreation Commission Minutes. c. Ack�owledgment of the October 9 Airport Relations Commission Minutes. d. Acknowledgment of the Treasurer's Report for September. e. Approval to Appoint, for a One Year Probationary Period, Civil Engineer I. f. Acknowledge Receipt of NDC4 Executive Director's Report. g. Authorization to Prepare Specifications and Soticit Quotes for a New Copier. h. Approval of Private Watermain Agreement - Enterprise Corporation Centre. i. Acknowledge Receipt of Information from U.S. West. j Approval to Replace Rescue Command Vehicle Radio (Fire Department). k. Approval of Resolution Accepting Engineer's Feasibility Report and Calling for a Public Hearing for Street Reconstruction and Rehabilitation Improvements to Serve Tilsen's Highland Heights, Tilsen's Highland Heights Plat 2 and Tilsen's Highland Heights Plat 3- RESOLUT/ON NO. 96-83 � � I. _ Approval of List of Claims. �� � �� •� •��. . � ���i�•� ' il� _i •u•� a. Mendota Heights Fire Department Fifty Year Celebration. a. Fifth Annual Fire Awards 9. Continued Hearina a. Bunker Hills Street Project Reconstruction - RESOLUT/ON NO. 96-84 10. Unfinished and New Businesc a. Discuss Stroh Critical Area Ordinance Extension Request (CAO 96-05). b. Review Building Permit Request for Manna Freight. c. Review Building Permit Request for GNB (Genesis Architecture). d. Discuss Tenant Sign Policy at Enterprise Corporate Centre - United Properties. e. Discuss MSP Mitigation Committee Recommendations. 11. Council Comments 12. 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 H�ights 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. 0 CITY OF MENDOTA HEIGHTS MEMO October 15, 1996 TO: Mayor and City Council FROM: Kevin Batchelder, Interim City Administrator SUBJECT: Add On Agenda for October 15 City Council Meeting Additional information is submitted for items 10e (�*'). Two new items have been added to the Consent Calendar, items 5m and 5n (*). 3. Agenda Ado tn ion � It is recommended that Council adopt the revised agenda printed on gold paper. 5m. AR rn oval Qf Yh.g j.j� � Contractors. Please see attached list. 5n. AR rRoval � Begin Biddina Process � Re�lacement ��g J� Roof• Please see attached memo. � ' � 11 ' 11 � • � 1 � II 11 t • : • � 11 11 • 1 ! c � 1 Please see attached letter. KLB:kkb 0 Page No. 1 October 1, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regulaz Meeting Held Tuesday, October 1, 1996 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota. Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Ayes: 5 Nays: 0 ACKNOWLEDGEMENT OF MINUTES Councilmember Krebsbach moved adoption of the revised agenda. for the meeting. Councilmember Smith seconded the motion. Council acknowledged receipt of the minutes of the September 17 Council meeting. CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeti.ng, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the September 24, 1996 Planning Commission meeting. b. Acknowledgment of the Code Enforcement monthly report for September. c. Acknowledgment of the unapproved minutes of the September 4, 1996 NDC-4 meeting. d. Approval to issue a building pernut to the Church of Saint Peter for replacement of the old wooden cross at the entrance to the Church with a new aluminum cross of the same size and in the same location. e. Adoption of Resolution No. 96-80, "RESOLiTTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR IVY FALLS SOUTH (IMPROVEMENT NO. 95, PROJECT NO. 3)," authorizing final payment of $10,253.95 to Kober Excavating for work completed on the project.. a Ayes: 5 Nays: 0 Page No. 2 October 1, 1996 f. Aclrnowledgment of a memo from Public Works Director Danielson regarding I-35E highway noise, along with two letters from Mn/DOT responding to the noise complaint from the city. g. Approval of the appointment of Patrick Hollister as Administrative Assistant at Level XXI of the city's pay matrix with a beginning annual salary of $33,119. h. Approval of the probationary appointment of Amy Griffin as Receptionist/Clerk-Typist, effective October 14, 1996, at Step A, Grade I of the city's pay matrix. i. Authoriza.tion for an expenditure of up to $3,600 for the purchase of a computer system to be funded jointly by the Administration and Engineering Departments. j. Approval of the list of contractor licenses dated October 1, 1996. k. Approval of the List of Claims dated October 1, 1996 and totaling $352,957.20. 1. Approval of the permanent appoinhnent of Police Officer Brian Convery, effective October 3, 1996. Councilmember Krebsbach seconded the motion. BONFIRE Council aclaiowledged a memo from Senior Secretary Kim Blaeser regazding the annual Halloween Bonfire. Council also acknowledged a memo from Fire Captain Jim Kilburg requesting city financial assistance for the event, and a letter from Paster Enterprises approving the use of shopping center property for the bonfire. Captain Kilburg, present for the discussion, stated that the Fire Department would like to conduct the bonfire this year, cazrying on the tradition established by the Russ Wahl family. Mayor Mertensotto asked who would be in charge of the event, and pointed out that all food handling must be in accordance with state food handling and general health rules. Page No. 3 October 1, 1996 Captain Kilburg responded that he would be happy to take on the responsibility for being in chazge. Councilmember Koch moved to authorize a$500 city contribution for food and refreshments for the annual Halloween Bonfire. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 TOBACCO SALES Mr. Steven Markes was present to ask Council to adopt an ordinance restricting juvenile access to tobacco. Council acknowledged correspondence from Mr. Markes along with a proposed ordinance. Mayor Mertensotto asked how many Dakota. County communities have adopted an ordinance similaz to what is proposed. Mr. Mazkes responded that he does not know about Dakota County communities but names six metro area cities which have adopted the League of Minnesota Cities model ordinance. Mayor Mertensotto stated that he feels the cause is worthy but would it would be more effective if adoption of regulations were done in unison throughout the county. He suggested that Mr. Markes contact the DAP to get them to spearhead a uniform ordinance throughout Dakota County so that all regulations and enforcement would be uniform. Councilmember Krebsbach stated that it appeazs that the point of the proposed ordinance is that the licensees would be responsible rather than the employees and that there would be a criminal penalty for violating the ordinance in addition to license revocation. Councilmember Huber stated that he feels it is a worthwhile project but felt that the Mayor's suggestion is very worthwhile and he would prefer to follow that direction before Council considers adopting regulations. Councilmember Koch stated that she is not in favor of the ordinance the way it is written. She explained that she has spoken with Mr. Mazkes at length about the proposal and her concerns and that she has a strong opinion that while she is very much in favor of educating youth about the risks of smoking, smoking is a personal choice. She felt that parents, rather than merchants, should be responsible for their children and the children should be responsible for their actions. She did not feel another layer of authority is � Page No. 4 October 1, 1996 needed, and pointed out that the city already has an ordinance in place which prohibits the sale of tobacco to minors. CASE NO. 96-26, BECKMAN Council acknowledged a memo from Administrative Assistant Hollister regarding continued discussion on a.n application from Mr. Paul Beckman for an 8 foot height variance to allow the installation of an amateur radio tower at 1882 South Lane. Council also acknowledged receipt of fifteen attachments to the memo, including letters from opposition from Mr. & Mrs. Dennis Finn and Mr. & Mrs. Jim Schueppert, site plans, elevations and technical specifications on the antenna. Mayor Mertensotto asked Mr. Beclanan the status of his application and whether he has filed all required documents with the city. Mr. Beclana.n responded that the city's consultant engineer, Geoffrey Jillson, was out of town until late last week, but that he has spoken to Mr. Jillson and city staff on the details Mr. Jillson requires. He informed Council that he is in the process of getting that information for Mr. Jillson. Mayor Mertensotto stated that since Mr. Beckman has not completed his application or submitted all necessary information, Council would listen to public comments on the application for variance and the antenna support structure but would talce no action this evening. Councilmember Krebsbach pointed out that wlule the Planning Commission made a determination that an eight foot variance is required, when it is extended for use the antenna would extended to 42 feet. She stated asked if the Commission's recommendation with regazd to the 8 foot variance stands, since a 17 foot variance is what would be required. Mayor Mertensotto responded that the application is before Council for independent consideration because the Planning Commission is advisory. He stated that Council consideration should be on the maximum height the structure could be used at. Councilmember Krebsbach stated that Council has received other antenna requests in the past and looked very carefully at the extended use of the antennas. She further stated that she would like the application to be fore the use of the antenna in its extended condition. Page No. 5 October 1, 1996 Mr. Beclanan responded that he knows that there aze two different .a situations that need to be discussed - one is the crank up tower where the tower needs to be extended to full height. In his application, the antenna does not extend at all, but when it is rotating for a small amount of time it will extend to 42 feet. Councilmember Krebsbach asked that the application be amended for a 42 foot structure when it is extended in use. Mr. Dennis Finn, 645 Wesley Lane, stated that many people in the audience tonight aze from his neighborhood and fifteen or sixteen families who are represented this evening all oppose the antenna. He stated that the basis for the objection is obstruction of views, safety concems, and that the antenna will be an eyesore. He stated that he is befuddled that Mr. Beckman plans to praceed when the majority of his neighbors oppose it. Mayor Mertensotto responded that the last thing Council would like to see is divisiveness in the neighborhood, so he can understand Mr. Finn's point. He stated that if the neighbors oppose the variance but do not wish to speak publicly, they should submit written objections or a petition to the city. Councilmember Krebsbach sta.ted that Mendota. Heights' height above sea level makes it a desirable location for radio communications and the issue of antennas is something other neighborhoods may face as well, which is why she made the comment about the difference in the amount of variance needed. Mrs. Jan Schueppert stated that she lives across the pond from the Beckmans and did not receive a hearing notice. She sta.ted that she moved to Mendota Heights because of the view from her home, wluch looks out over the Beckman house, a.nd when the trees drop there is a very clear view of the homes across the ponds. She informed Council that when she bought her home she was concerned over what guarantee she would have that the view would remain, and there aze covenants for the Ponds of Mendota which she expected everyone would adhere to. She asked why her view from her home, which is her hobby, force her to come to a Council meeting to object to Mr. Beckman's hobby which would destroy her hobby. Mayor Mertensotto explained that property owners within 350 feet of an applicant's property are notified of public hearings for conditional use permits, however variance applications do not require public hearing. He informed Mrs. Schueppert that in the Page No. 6 October 1, 1996 case of variances, the applicant must submit the written approval of his neighbors, which is why she was not notified. Mr. John Thames, 656 Wesley Lane, stated that the Beckman issue absolutely causes divisiveness in the neighborhood. He informed Council that his children and the Beckman children have spent much time together over the years and the Beckmans have always been good neighbors, so he went to speak to Mr. Beckman about the antenna two weeks ago. He stated that amateur radio operation is a very important hobby to Mr. Beckman and he wants to try to make it work. He stated that no one in the neighborhood is against Mr. Beckman, but there are safety concerns and concern on aesthetics, since Mr. Beclanan proposes to put an antenna that no one wants to look at on the top of the hill, in the most visible place in the neighborhood. Mr. Thames stated that no one has been able to tell any of the neighbors what unpact the antenna would have on their cellulaz telephones, television reception, etc. Additionally, anyone driving through the neighborhood to look at a house for sale would likely wonder what the impact the antenna would be have on reception. He sta.ted that all of the neighbors feel that there would be some diminishment of property values, which is why the neighborhood feels so strongly. He informed Council that the neighborhood opposition has nothing to do with Mr. Beclanan personally or his hobby or ham radio operation. Mayor Mertensotto responded that for many yeazs the value of property in Mendota Heights has been the envy of most communities in the state and there are many homes that fall in the upper category of the real estate mazket. He stated that this is partly because of the 15,000 square foot lot sizes and preservation of natural amenities. Mr. Jim Schueppert stated that he is present to voice his objection, stating that the city has adopted a reasonable ordinance and sixteen of the 22 residents of the Ponds of Mendota. have signed a petition opposing the variance. He stated that he does not understand why Mr. Beckman needs a 42 foot tower and why a 25 foot tower, which would be allowed, is necessary. He also felt that the antenna would impact the aesthetic value of the neighborhood and asked who would guarantee to him that there will be no interference with things that operate on radio frequencies like cellulaz phones and garage openers. He felt that Council should study what impact the proposal would have on property values and perhaps should get an appraisal. He also stated that in his view, the protective covenants for the neighborhood cleazly prohibit this type of tower. He sta.ted that Page No. 7 October 1, 1996 many of the covenants of Ponds of Mendota clearly prohibit the type of tower that is proposed. Mayor Mertensotto responded that Council is not governed by restrictive covenants but it has been his experience that restrictive covenants pretty much follow a norm based on the value of the neighborhood. He asked Mr. Beckman if he was aware of the neighborhood protective covenants at the time he purchased his property, and if there are restricrions from mounting things on the roof, why Mr. Beclanan would want to get involved in ham radio operation. Mr. Beckman responded that he knows that the covenants are outside of the purview of the Council but he has made a copy of the covenants that are on record with the county, and he distributed copies to Council. Mr. Beckman stated that he is not a real estate person but does have good counsel at times and before he purchased his lot he retained an attorney who counseled him to get a copy of the covenants. Councilmember Krebsbach asked if Mr. Beckman had always intended to put up the antenna. Mr. Beckman responded that it was not, but that he acquired a copy of the covenants because it was lus intent to find out the value of the land for himself and his wife and the restrictive covenants represented a value to them. He informed Council that over the past three to four yeazs he has spent over $100,000 updating his home and adding an addition, and at the time he had the addition constructed he asked the county recorder what the restrictive covenants were so that he would not be throwing money away by putting in an area for ham radio operation. Mayor Mertensotto stated that Mr. Beckman has enumerated a very detailed procedure in purchasing lus home. He asked if Mr. Beckman also checked to see if there were any height restrictions. Mr. Beckman responded that he did not and that he was surprised to find out that he could not erect a structure the sazne height as his house. He sta.ted that if he wanted to put up a 25 foot simple beam type of antenna the ordinance is stacked against it, and he was very surprised to find that he could not erect a structure that is the same height as his home which did not require a height variance. � Page No. 8 October 1, 1996 Mr. Schueppert stated that aesthetics affect property values and the neighborhood is concemed. He felt there should be a discussion about value. Mayor Mertensotto sta.ted that if the neighbors are going to get an appraiser to provide the city with appraisals, they should get one who is well qualified in residential appraising and who is involved in these types of things. Councilmember Krebsbach stated that the distinguishing characteristic in Mendota Heights is the views and vistas. She was concerned that many of the neighborhoods have outstanding views and this may be an area of focus where ham radio and satellite operations come in conflict, but the views and vistas came first. Mr. Schueppert felt that Mr. Beckman or his expert should state why a 25 foot antenna would not work as well as a 42 foot structure and should also provide a guarantee that it will not interfere with radio controlled devices. Ms. Bonnie Finn stated that she does not think it is a question of whether the structure is 25 feet or 42 feet tall - she did not want an antenna of any sort. She stated that Mr. Beclanan has been operating ham ra.dio in his home for eight yeazs and things could sta.y the way they are. She furkher stated that she spoke with Mr. Beckman two weeks ago and was told that once the support shucture is in place, it is possible in the future that additional equipment would be added to it and she is uncomfortable with the statement. Mayor Mertensotto asked if the radio would pick up cellular phone conversations. Mr. Beckman responded that he does not have equipment that receives on 800 MHz frequencies and that equipment that receives cellulaz telephone has been banned from sale for the last 18 months. Councilmember Huber informed the audience that Council cannot take action on the application without information from the city's consultant. Councilmember Krebsbach moved to continue discussion to November 19. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 Page No. 9 October 1, 1996 RECESS Mayor Mertensotto called a recess at 8:57 p.m. The meeting was reconvened at 9:05 p.m. CASE NO. 96-29, Council acknowledged an application from Mr. & Mrs. Dennis McCARDLE McCazdle for a seven foot front yard setback variance to allow construction of an addition to their home at 2159 Fox Place. Council also acknowledged associated staff and planning reports. Mr. McCardle explained that he proposes to construct a second story addition 23 feet from the front property line. He stated that the choices for a location for the stairway to the second story were in the azea of the closets, but wherever the stairway is placed it conflicts with the closet he needs for heating ducts for the addition. He explained that the most logical conclusion he reached with his contractor was to put the addition to the front of the home to a11ow the sta.irway to be moved forward so as not to conflict with the duct work. Mayor Mertensotto pointed out that precedent has been set for granting variances in Friendly Hills because of the small lot sizes. He also stated tha.t the city has received letters of approval from the neighbors. Responding to a question from Mayor Mertensotto, Mr. McCardle stated that the exterior of the addition will match that of the original structure. Councilmember Krebsbach moved adoption of Resolution No. 96- 81, "A RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE OF SEVEN FEET FOR 2159 FOX PLACE FOR THE CONSTRUCTION OF AN ENTRYWAY ADDITION." Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CASE NO. 96-83, BACHIVIAN Council acknowledged an application from Mr. Scott Bachman for a wetlands pernut to allow construction of a pool, spa, fence, pool storage building, filters and heaters and to remove approximately 100 cubic yazds of soil to within 45 feet of the wetlands area at 2464 Bridgeview Court. Council also acknowledged staff and planning reports, signatures of consent from neighboring property owners and site plan. Responding to a question from Mayor Mertensotto, Mr. Bachman stated that he has the written consent from his neighbors, including two property owners who live across the pond. He stated that he Page No. 10 October 1, 1996 applied for a building permit in August and was shocked that he needed a wetlands permit, because the original site plan for his lot showed a pool. Mayor Mertensotto responded that a permit is required when something is done and must stand on its own merits. He stated that Mr. Bachman did not apply for a wetlands pernut with his original buildi.ng permit. He pointed out that the City Planner has recommended that a silt fence may be needed, and the determination should be made during the building permit inspection process. 3���0., Mr. �esponded that the work will be 20 feet away from the wetlands and that the pool will only be five feet deep and most of the soil will be put back. Councilmember Krebsbach pointed out that Mr. Bachman appazently plans to empty the pool into the pond. Mr. Bachman responded that he is putting in a chemical free purification system so it will not harm the pond water. Councilmember Krebsbach asked what guarantee there is that a future owner will not change the system and use typical chemicals. Public Works Director Danielson responded that people are allowed to empty their pools into the sanitary sewer system but cannot dump the water into the storm sewer. Councilmember Huber moved adoption of Resolution No. 96-82, "A RESOLUTION FOR A WETLANDS PERMIT FOR 2464 BRIDGEVIEW COURT FOR THE CONSTRUCTION OF A REAR-YARD POOL AND ACCOMPANYING STRUCTURES." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 RECREATIONAL VEHICLES Council aclaiowledged a memo from Public Works Director Danielson regarding a request from Mr. & Mrs. Mike Neska for a proposed Zoning Ordinance amendment to tighten up the requirements on storage of recreational vehicles in residential areas. Mayor Mertensotto briefly reviewed the matter. Public Works Director Danielson stated that Mr. & Mrs. Neska were intending to be present for the discussion but are not present. He sta.ted that the current ordinance language is vague on parking versus storage and the city attorney would like to strengthen the language. Page No. 11 October 1, 1996 Councilmember Smith stated that if there is ambiguity in the ordinance it should be clarified, and the language does not need to be just as it applies to recreational vehicles, but to all storage. 5��. a� �.�( w��� Mayor Mertensotto stated that he feels that staff should prepare a proposed amendment for review by the city attorney and then by the Planning Commission. He explained that it has never been the city's practice to allow side yard storage in residential districts. City Attorney Hart responded that to the extent that Council is discussing vehicle storage, a single term (either parking or stora.ge) should be used. Councilmember Smith felt that there should be clarification in the ordinance on what is sideyard and what is front yard. Administrator Batchelder stated that there is ambiguity between the definitions of side yard and front yazd, and it is staffls understanding that the intent of the ordinance is to keep recreational vehicles no more forward than the structure on the property. Mayor Mertensotto agreed, and asked what meaning there is to the thirty foot front yard setback if storage is allowed there. FIRE STATION REPAIRS Council acknowledged a memo from Building Manager Guy Kullander regarding roof leaking at the fire sta.tion. Administrator Batchelder reviewed the memo, informing Council that there has been a leaking problem during rainfall due to a malfunction of the repair work done under warranty in 1994. He informed Council that it is his understanding that the manufacturer considers the roof to be beyond the warranty period, and minor repairs have been made to stop the leaking. He stated that the question this time is whether the roof should be evaluated by a professional , and if the professional recommends replacing rather than repairing the roof, the question is whether replacement should be authorized. He informed Council that it is his understanding that the cost of repair is about half of the cost of replacement and it is likely that repair would only last two years. Councilmember Smith asked what the typical life of this type of roof is, pointing out that twelve years seems a very short time. Public Works Director Danielson responded that the roof is a ten yeaz roof with a ten year warranty. He informed Council that Mr. Page No. 12 October 1, 1996 Kullander called roofing experts and has been advised that there are problems with the type of roof and it is no longer being installed. He stated that replacement would be of a new and better type and that staff would like to have a professional analyze the roof. He informed Council that the roof has only been evaluated by roofing contractors at this time and an evaluation by someone with expertise in the field is needed in order to determine the most cost effective solution. Mayor Mertensotto suggested that staff contact Mr. Jim Walsh, of Finn Roofing, a resident and industrial roofing contractor to inspect the roof and give advice so that Council can make a decision. Administrator Batchelder stated that it is his understanding that the repair work wluch was done is temporary and could suffer damage from winds, and action should be taken as soon as possible. WORKSHOP Council acknowledged a memo from Administrator Batchelder regarding a proposed workshop to analyze the future use of the Dodd Road/T.H. 110 northeast quadrant, including use of the city owned property. It was the consensus that Council bring the street sweeping storage issue back for discussion but that a workshop on the use of the property be delayed until after the first of the year. CANVASSING BOARD Council acknowledged a memo from the City Clerk recommending the date for the Election Canvassing Board. Councilmember Huber moved that Council convene as the Election Canvassing Board at 5:00 p.m. on Wednesday, November 6, 1996. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 COiJNCIL COMMENTS Responding to a question from Councilmember Koch regazding the ballfield lighting issue, Administrator Batchelder informed Council that staff is planning a meeting with MHAA to discuss field scheduling. Councilmember Huber stated that the actual participation level in MHAA ball programs needs to be determined. Councilmember Smith stated that it is primary to her that if Council is ever to look at lighting at Mendakota Park, the city would need a stadium lighting ordinance that can be applied across the board. Page No. 13 October 1, 1996 City Attomey Hart stated that the question was whether to adopt a lighting ordinance that has application greater than stadiums, and one question that should be discussed is whether the city should adopt lighting and noise standards ordinance that also addresses stadiums. Adminisfrative Assistant Hollister was directed to resurrect the stadium ordinance file and alert the Planning Commission that Council has raised the issue. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:48 o'clock P.M. ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson, City Clerk � LIST OF CONTR.ACTORS TO BL APPROVED BY CITY COIINCIL • ..- Concrete/Mason±�v Contractor License Lxcavatiag Contractor Licease Gas Pi�ing Coatraetor AVAC Contractor Advantage Air, Inc �enera� Contractor License Braxton Hancock & Sons, Inc Pat Henry�s Prestige Pool Steel Structures, Inc Drvwall/Stucco Contractor License 1�s�halt Contraetor License Sign Contractor Univeral Signs, Inc ! �Y CITY OF MENDOTA HEIGHTS DAKOTA GOUNTY, MlNNESQTA AIRPORT RELATIONS COMMISSION MINUTES SEPTEMBER 25, 1995 The regular meeting of the Mendota Heights Airport Relations Commission was held an Wednesday, Sep#ember 25, 9 99fi in the City Hall �arge Canfierence Room, 1101 Victoria Curve. The meeting was called to order at 7:10 o'clock p.m. The fallawing members were present: Beaty, Fitzer, E.euman, {�Isen and Stein. Commissioner Gross was excused. Commissioner Surrisi was absent. Also present were City Administrator Kevin Batchelder and Senior Secretary Kim Blaeser. As a special guest speaker, Mayor Charles E. Mertensotto was present. APPROVAL OF MINUTES Commissioner Olsen moved approval of the August '14, 1996 minutes, Commissioner Fitzer seconded the motion. � AYES: 5 NAYS: 0 UPDATE l.ETTER iJF RESPGINSE TQ RESIDENT'S PETITION ON PART 9 5{3 SC1Ut1tD INSULATt{)N City Administrator Batchelder reviewed an August 9, 9 996 letter sent by the City to residents explaining the FAA Part 150 Sound Insulatian Program. Ba#chelder explained that there were several City residents present at a recent MSP Mitigation public meeting who �expressed their displeasure in not being included within the saund insulation program. He nated that several residents appeared resentful that St. Thomas Academy and Visitation Convent schools had been sound insulated and not their homes. Batchelder stated that he is a iittle surprised that there are no residents present at tonight's meeting to discuss #his issue. He informed the 1 � Commission that numerous calls have been received at the City Hall and that some calls have been referred to the MAC. He stated that he intends to include an article in the Heights Highlites explaining this program in further detail. Commissioner Olsen stated that the City should continue informing its residents that we are doing what we can and that we advocate adding more homes to the program. Batchelder stated that the Mayor's Committee is in the process of generating ideas to increase the funding process. COUNCIL ACCEPTANCE OF AIR NOISE PLAN OF ACTION City Administrator Batchelder informed the Commission that the City Council was very receptive and acknowledged the hard work the Commission put forth in updating the Air Noise Plan of Action. He noted that Councilmember Smith suggested that the Commission start making contacts about MAC/MASAC representation. Chair Beaty stated that he believes residents are beginning to understand the airport noise issue. The Commission discussed educating the community further by including specific information on issues directly impacting Mendota Heights, such as, Part 150 Sound Insulation. Batchelder informed the Commission that he welcomes additional newsletters ideas from them. Commissioner Fitzer suggested that the Noise Hotline Number be included in the newsletter. Mayor Mertensotto arrived at 7:25 p.m. MISCELLANEOUS Chair Beaty' inquired about the status of implementing the non simultaneous departure procedures. Administrator Batchelder informed the Commission that he has placed several phone calls to the FAA Great Lakes Environmental Department and that no one has returned his phone calls. He informed the Commission that he will send another letter and that this time he will carbon copy federal legislators. UNFINISHED AND NEW BUSINESS DISCUSS MSP MITIGATION COMMITTEE - PUBLIC HEARING AND AIRPORT CONFIGURATION Administrator Batchelder informed the Commission that Mayor Mertensotto is present to update the Commission on the progress of the MSP 2 � � Committee. He explained that on September 11, 1996, the MSP Mitigation Gommittee held a four hour mee#ing ta begin ta bring recommendations on a mitigatian plan to conclusian. Mayor Mertensotto informed the Commission that he has spoken with Nigel Finney regarding the air noise contours. He discussed how the air noise confiours are formulated. Mertensotto stated that he informed Mr. Finn�y that the Cu�ley Addition receives a 94 decibels of air noise and is not a part of the Ldn contour. The Mayor stated fihat Mr. Finney is willing to work with the City ta get equitable noise distribution. He stated that Mr. Finney stated that another runway needs to be constructed to achieve this goal. The Mayor stated that whiEe this sounds iike a positive step forward for Mendota Heights, he stated that it takes approximately four years to construct a new runway and possibty longer if lawsuits are invoived. The Mayor stated #hat he feets #hat Mendota Heigh#s can have immediate relief from air noise by pushing the use of Runway 4-22. Ne stated that the construction of the north/south runway needs to proceed immediately. A discussion ensued regarding the City's of Eagan and Richfield concerns for increased air noise with the construction of a northlsauth runway. Mayor Mertensotto informed the Commission of a recent meeting between Mendota Heights and the Mayor of Minneapolis. He stated that the Mayor of Minneapolis agrees with Mendota Heights' sfiand an equitable air noise distribution and that #he construction of a new northtsauth runway would benefit both cities. He informed the Commission that the Mayor of Minneapolis has suggested that the constructio� af the Runway h-22 taxiway be reconsidered. He stated that the City of Eagan supports this concept. Mayor Mertensatto stated that he believes that eventualiy Northwest Airlines will support the construction of a new terminal. He further stated that the City of Richfield suppor�s this concept. The Commission discussed MAC's support in constructing the northlsouth runway. He briefly discussed the process of approving the construction through the legislature. The Mayor discussed the Draft Third Parallet Runways cantract and stated that the Cities o# Minneapolis and Mendota Heights will meet again to discuss this further. The Commission discussed piacing specific terms within the contract such as breach of contract and renewal terms. 3 � The Commission discussed the anticipated amount of runway use operations by the year 2005. Mayor Mertensotto stated that the Mayor's committee is currently discussing recommendations on future configurations and runway use at the airport. Mayor Mertensotto stated that an optimistic schedule in completing the north/south runway is by the year 2002. He stated that the legislature needs to act immediately. The Commission discussed how the completion of Runway 422 extension has given some relief to Mendota Heights. The Commission discussed stacking capability and how a taxiway needs to be constructed which would allow the runway to run more efficiently. DISCUSS METROPOLITAN COUNCIL'S REVISIONS TO AVIATION GUIDE PLAN AND NOISE ZONES Mayor Mertensotto discussed the MSP Mitigation Committee and their discussions on expanding the area of eligibility for air noise mitigation programs. The Commission discussed how changes in the noise policy contours will affect the City's Noise Attenuation Ordinance and the fact that the Ordinance will have be revised to be consistent with any new noise policy contours. The Commission reviewed possible new boundaries and how the changes will affect properties in the process of being .considered for development. Administrator Batchelder stated that the City's Planning Commission may need to �become involved in this process. He explained that the City needs to update its comprehensive plan and that the air noise contours may need to be included within this process. Mayor Mertensotto was excused at 9:21 p.m. MISCELLANEOUS . The Commission acknowledged receipt of a West St. Paul/Mendota Heights Sun Current news article regarding mayors of cities surrounding Mpls/St. Paul International Airport September 11 meeting discussions on how to redistribute aircraft noise equitably. The Commission acknowledged receipt of the MASAC Complaint Summary for July 1996. 4 Chair Beaty stated that the Commission should send a thank you letter to Mayor Mertensotto. � ! Z�I�T:��T IT�i(��i There being na further business, the Airports Relations Commission moved to adjour.n its meeting at 9:35 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary 5 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION COMMISSION MINUTES OCTOBER 8, 1996 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, October 8, 1996, in the Large Conference Room at City Ha11, 1101 Victoria Curve. The meeting was called to order at 6:40 PM. The following members were present: Spicer, Libra, Liberacki, and Kleinglass. Commissioner Linnell arrived late. Commissioners Norton and Damberg were excused from the meeting. Also present were Recreation Programmer Chris Esser and Administrative Assistant Patrick C. Hollister. APPROVAL OF MINUTES Commissioner Kleinglass moved to approve the September 10, 1996 Minutes with no corrections. Commissioner Libra seconded the motion. AYES: 4 NAYS: 0 ISD 197 COMMUNITY EDUCATION ADVISORY COUNCIL RECRUTTMENT Mr. Max Saucedo, Chair of the ISD 197 Community Education Advisory Council and Chair of the West Saint Paul Parks and Recreation Advisory Committee appeared before the Parks and Recreation Commission to recruit a Commissioner to sit on the Advisory Council. Mr. Saucedo explained that the Advisory Council addresses issues of early childhood and adult education and has a broad spectrum of inembers from the community. Chairman Spicer asked what kind of a time commitment would be involved for a volunteer. Mr. Saucedo responded that the Council meets the third Tuesday of each month for about 1'/z hours at Learning Center South on the corner of Enterprise Drive and Mendota Heights Road. Chairman Spicer remarked that Commissioners Linnell, Norton and Libra may be the most appropriate candidates for the positioq since they still have young children and have demonstrated concern for children's education. Chairman Spicer asked Mr. Saucedo if two Commissioners could fill the seat and rotate so that each Commissioner would only have to attend the meeting once every two months. Mr. Saucedo said that this would be possible. (At this point Commissioner Linnell joined the meeting.) Commissioner Kleinglass moved to nominate Commissioners Libra and Linnell to both fill the seat so that they could alternate meeting attendance. Commissioner Liberacki seconded the motion. AYES: 5 NAYS: 0 Mr. Saucedo thanked the Commissioners and informed Commissioners Linnell and Libra that the next meeting of the Advisory Council would be on October 22, 1996 at Learning Center South and that he anticipated the meeting would be short. Chairman Spicer requested that Staffprovide the verbal Updates next and save the Parks Reservation Policy Revision for the end of the meeting. UPDATES Administrative Assistant Appointment Mr. Hollister announced that he had been appointed Administrative Assistant by unanimous vote of the City Council on October l, 1996. Mr. Hollister added that he had enjoyed serving the Parks and Recreation Commission for the past nine months and looked forward to continuing to work for them in the future. The Commission congratulated Mr. Hollister on his appointment. Recycling Mr. Hollister briefly discussed the City's recycling program and distributed literature on recycling. Hagstrom King Tennis Courts Mr. Hollister explained that a Councilmember had requested that he clarify her position on restoring tennis courts for Hagstrom-King in the Capital Improvement Plan; the Councilmember wished it to be understood that she was not necessarily advocating that tennis courts be installed, but rather insisting that they not be removed from the CIP without consultation with the neighborhood, since the neighborhood had been left with the impression that tennis courts would eventually be installed at Hagstrom-King. Chairman Spicer expressed content with placing the tennis courts back into the CIP. 2 � Parks Report and Potice Report The Commission had na questions on these two items. Big Rivers Trail Commissioner Kleinglass commented that he had biked alang the new Big Rivers Trail and feels that it is a tremendous arnenity and asset to the community. Mr. Kleinglass continued that it is well integrated with other traiis in the region. Mr. Kleingtass commented, however, that the numerous warning signs abaut snakes along the river portion were perhaps a bit aianmist and may make peaple nervous. Commissioner Linnell agreed that it is a wonderful trail, but added that the transition between Valley Park and the Big Rivers traii should be smoother and more obvious with better signage. Commissioner Liberacki asked Staff to write a letter to Dakota County commending them on their excellent wark on the Big Rivers Trail, and to iell them r�ot to widen the trail at Va11ey Park. Chairman Spicer asked Staffto ask Mr. Kullander about the status ofthe park signage improvements. PARK RESERVATIUN POLICY REVISIf.?N Mr. Esser presented Staf�s propasal far amending the fee and damage deposit pravisions in the Parks Reservation Policy. Commissioner Kleinglass moved to recomrnend that the Cauncil apprave Staff's proposed revision of ihe Park Reservation Policy with same minor changes. AYES: 5 NAYS: 0 ADJOURNMENT Motion to adjourn made by Kleinglass and secanded by Linnell. AYES: 5 NAYS: 0 The meeting adjourned at 7:35 PM. Respec�ully ,Submitted, Patrick C. Hallister 3 CITY OF MENDOTA HEIGHTS QAKOTA COUNTY, MINNESQTA r AIRPORT RELATIONS COMMISSION MINUTES CICTOBER 9, 't 99� The regular meeting of the Mendota Heights Airport Relatians Commission was held on Wednesday, October 9, 9 996 in the City Hal1 �arge Conference Room, 1101 Victoria Curve. The meeting was called to order at 7:06 p.m. The fotlowing members were present: Beaty, Fitzer, �euman, Olsen and Stein. Commissioners Gross and Surrisi were excused. Also present were City Administrator Kevin BatcheEder and Senior Secretary Kim Blaeser. APPROVAL OF MtNUTES Commissioner Fitzer maved approvai af the September 2v, 1996 minutes. Commissioner Leurnan seconded the motion: AYES: 5 NAY�: 0 D(SCUSS MSP MITIGATION COMMITTEE DRAFT RECOMMENDATlONS Administrator Batchelder updated the Cammission regarding �he October 7, 1996 MSP Mitigation Cammittee meeting. He informed the Cammission that at this four hour meeting, the Mayors proposed their fi�al recommendations �o the Metropolitan Airports Commissian. Batchelder briefed fihe Commission on a October 8, 1996�Star Tribune article regarding the Mayor's meeting. He a[so updated the Commission on an article regarding Part 150 Sound Insulated hames and the problems of hames now being #oo air tight. He stated the MAC is currentty reviewing how to correct these problems, Regarding the Mitigation Committee's discussion on Sound Insulation, Batcheider exptained that the Mayors are recommending that the program be expanded after comple#ion of the current .program to incorporate #he area encompassed by the 2C105 �0 DNL. He informed the Commission that the Committee recommends that the MAC evaluate the airport noise environment 18 manths prior to the estimated completion of the expanded 1 program. If conditions warrant, a modified sound insulation package should be offered to eligible dwellings/buildings within the 2005 54 DNL contour which achieves at least a 3-5 db interior noise level reduction. He stated that this contour will include the Curley, Friendly Hills, Roger's Lake and Wagon Wheel Trail neighborhoods, as it is currently projected. Regarding Airport Operations, Batchelder stated that it was difficult for the Mayors to reach a consensus on this topic and he suggested that the Airport Relations Commission give specific recommendations to the City Council regarding departure procedures which are only generally covered in the MSP Mitigation Committee's recommendation. He stated the Council could then forward the information on to the MAC. The Commission recommended that the City Council consider requesting the following departure procedures be evaluated in the Eagan/Mendota Heights corridor: . 1. Non-Simultaneous Departure Procedures. 2. Use GPS/new radar technology to shrink the corridor. 3. Ten mile final approach on arrivats. � 4. Eliminate head-to-head operations. 5. Recognize change in magnetic shift to return to original intent of Tower Orders. Regarding seeking the cooperation from FAA to implement departure procedures as appropriate at each runway end, the Commission recommended�that the City Council consider requesting testing of the Close- In Departure procedure. Commissioner Fitzer felt that ANOMS data should be used to specifically identify the accuracy of noise distribution while the procedure is being tested. The Commission discussed different runway,use scenarios for when the new north/south runway is in use. It was' discussed whether or not all three runways could be used simultaneously. Commissioner Beaty stated that with the construction of the north/south runway, Mendota Heights wants assurance that the runway use system will be implemented on a regular basis. Batchelder�stated that the MAC would like the construction to start as-soori-as-possible �because they need the runway for capacity. Commissioner Beaty stated that in July, MSP experienced the most operations ever. The Commission discussed the Mitigation Committee's recommendations for on Runway Use. The Commission agreed with the following: 2 1. Completion of the environmental process and construction of the north/south runway should expedited and completed as soon as possible. Progress should measured against this schedule: a. commence construction - 1998 b. complete construction, open runway - 2003 2. In the interim, Runway 4/22 should be used for noise mitigation purposes. This requires the following: a. construction of an associated taxiway; b. sound insulation at the end of Runway 4/22 only for those dwellings eligible for the expanded insulation program which are in the 2005 60 DNL. c. Insulation of these homes should be integrated into completion of the currently approved insulation program, starting as soon as the interim use of Runway 4/22 starts. The sound insulation commitment associated with interim � use of Runway 4/22 should be reevaluated if construction cannot be commenced by 1998 and the runway cannot be opened by 2003. ANNUAL STAGE III PERCENTAGES (1990-19951 1996 MONTHLY STAGE 111 PERCENTAGES Administrator Batchelder distributed a report�regarding Stage III yearly/monthly percentages: The Commission discussed Northwest Airlines percentages. The Commission noted that the report acknowledges one month of backsliding by Northwest Airlines. The Commission discussed how the ANOMS report consistently documents backsliding by Northwest Airlines. It was noted that American Airlines' fleet is updated. DISCUSS CONTRACT ON THIRD PARALLEL RUNWAYS Administrator. Batchelder informed the Commission that on October 3, 1996, the Mayor, Councilmember Jill Smith and himself inet with representatives from Minneapolis to discuss Minneapolis' goals regarding the third parallel runway. It was determined that Mendota �Heights and Minneapolis share mutual goals. . He informed the Commission that Minneapolis has contracted 3 with a Washington D.C. attorney office and that they intend on concluding contract discussions by December 31, 1996. He informed the Commission that all meetings will include the both cities and that both cities desire a joint contract. DISCUSS NON SIMULTANEOUS DEPARTURE PROCEDURES The Commission acknowledged receipt of an October 1, 1996 letter from Administrator Batchelder to Ms. Annette Davis, of DOT-FAA Great Lakes Region regarding the progress of the MAC's Corridor Refinement Proposal #1 for Non-Simultaneous Departure Conditions at the MSP International Airport. Administrator Batchelder stated that no comments have been received. He informed the Commission that he intends to send information regarding the history of this request to Congressman Vento, Senator Wellstone and Senator Grams. MAYOR'S AND ADMINISTRATOR'S BREAKFAST - JEFF HAMIEL, GUEST SPEAKER Administrator Batchelder informed the Commission that Mr. Jeffrey Hamiel, MAC, will be the guest speaker at the October 18, 1996 Mayor's/Administrator's breakfast. He informed the Commission that Mr. Hamiel may be speaking on numerous items such as MAC's strategic planning proce�ss, noise mitigation activities, �FIS, growth rate at the airport, airport security and Star Tribune article. Batchelder stated that the Star Tribune article Mr. Hamiel referred to at MASAC regarding MAC's cozy relationship with Northwest Airlines has not yet been published. METROPOLITAN COUNCIL'S REVISION TO AVIATION GUIDE PLAN AND NOISE � ZONES � � Administrator Batchelder stated that Administrative Assistant Patrick Hollister is in the process of generating information using the City's GIS computer. He stated that Hollister will print out land use information which will allow the Ciiy to compare Met Council's old and new noise zones. He stated that City staff will examine which undeveloped parcels of land will be impacted due to the air noise zone changes. �'� 4 a NORTHERN DAKOTA COUNTY AIRPORT RELATIONS COALITION Administrator Batchelder briefed the Commission on recent NDCARC activities which included MASAC representation. Many NDCARC members are not comfortable with an industry representative as the MASAC Chair and this will be a topic of discussion at the October meeting. The Commission noted their support in the NDCARC effort's in returning the Chair of MASAC to a community representative and not an industry representative. ACKNOWLEDGE RECEIPT OF VARIOUS REPORTS/CORRESPONDENCE The Commission acknowledged receipt of the MASAC agenda for September 25 and August 27, 1996 minutes. • The Commission acknowledged receipt of the MASAC Technical Advisor's Report for August. It was noted that 288 Mendota Heights residents complained,about air noise. The Commission acknowledged receipt of the Part.150 Buyout Update - Issue 33. � � The Commission acknowledged that the MASAC Complaint Summary for August is not available. The Commission acknowledged receipt Councilmember Smith's notes from Jeff Hamiel's presentation to MASAC. The Commission acknowledged receipt of Eagan Airport Relations Commission' agenda of October 8, 1996. MISCELLANEOUS The Commission discussed inviting guests to speak to the Commission. It was suggested that a Mr. Brian Addis, Inver �Hills College, speak to the Commission regarding future aviation trends; IVIr.�Bruce Wagoner, FAA and Mr. David Braslau. Administrator Batchelder informed the Commission that a video by the FAA entitled "How We Measure Noise Contours" may be available' for the Commission to review in November. He informed the Commission that City of Eagan staff member Jon Hohenstein will be presenting this video at the next NDCARC meeting. 5 _• � The Commission discussed receiving more statistics on long term trends, total number of flights during a specific timeframe, mix between Stage 2 and 3 aircrafts and runway use percentages during specific times of day. It was discussed how staff could create a spreadsheet to depict these specific requests. ADJOURNMENT There being no further business, the Airport Relations Commission moved to adjourn its meeting at 8:53 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary � 9 � CITY OF MENDOTA HEIGHTS TREASURER'S REPORT, SEPTEMBER 1996 DAKOTA, INC. 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 9/30/95 Rates Money Market Sept 30 Bank 2.85% 3ept 30 FBS 4.97% LES:kkb BALANCE '' $167,871.87 $596.21 0.00 $110,561.78 $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 $222,324.31 $433,926.65 $371,055.74 $503,180.34 $210,334.08 $263,522.30 $791,462.48 $1,002,470.00 $197,530.00 $423.00 $5,273,665.57 $7,895,846.39 $4,654,227.15 COLLATERAL $600,000.00 $600,000.00 Value 9-30-96 (est� $95,000.00 $502,500.00 $500,000.00 $220,000.00 $430,000.00 $360,000.00 $478,000.00 $210,000.00 $253,000.00 $1,935,000.00 $2,325,000.00 $320,000.00 $423.00 �.. CITY OF MENDOTA HEIGHTS ��� October 9, 1996 . ' �,; � TO: Mayor, City Cauncil, and City A m�n.iis tor FROM: Tim Danielson, Director of Public Wor _ SUBJECT: Recommendation foz- Appaintment of Civil Engineer I Discussion After a highly cornpetitive search, Staff wishes to recarnmend Curt Wirnpee', currently serving as one of our Engineering Interns, far the pasitian nf Civil En�ineer I at gay grade XVII Step A with a compensation level beginning at $30,004. Background At the regular Cou:ncil meeting on August 6, 1996 the City Council authori.zed Staffto conduct a search to fill the position of Civil Engineer I vacated by the departure of Shawn Sanders on April 17, 1996. The salary for this positian is currently allocated in the Budget, and would 6e paid for aut af the Engineering Enterprisa Fund. Staff advertised the position in severai publications and received 26 appticatians. Staff scored these applications on a point system, and then invited the four highest-scoring candidates, including Curt, to interview before a panel consisting of Tim Danielson, Marc Mogan, and Patrick C. Hollister. One of the four candidates withdrew before the interview, and #hus Staffinterviewed three individuals, Staffthen scored the interviews. Two of the individuals were very strong candidates after the interviews, and the interview panel decided ta recommend Curt Wimpee' to the City Council due to the fact that his experience and qualifications met the City's needs better than the other strong candidate. Curt has been working for the City of Mendota Heights as an Engineering Intern since June 10, 1996. He is a soft-spoken and very likable irndividual who has accurately and cheerfully performed all tasks which have been assigned to him. He is a quick learner whose skills, experience, punctuality, diligence, and flexibility have made him a valuable asset to the Engineering Departrnent and to the City. Staff anticipates that next year will be quite busy far Engineering because the City is cantemplating undertaking two street reconstruction projects, two MnDOT cooperative agreement projects, and many other miscellaneous projects. Staff is convinced that of all the candidates who applied, Curt is the individual who can help us the rnost through this busy period and beyond. Recommendation I recommend that the Council approve the appointment of Curt Wimpee' to the one-year probationary status as Civil Engineer I within the City's pay matri}c at Grade XVII Step A with a starting salary level of $30,004. This amount is specified in the City's pay matrix for the Civil Engineer I position at entry level. Council Action Required If Council concurs with my recommendation, it should pass a motion authorizing Staffto hire Curt Wimpee' for a one-yeax probationary period as Civil Engineer I at a starting pay level of $30,004. S : `t� i' To: From: Subject: � DI5CUSSION r� CITY OF MENDOTA HEIGHTS 11�EM0 Mayor and City Council Kevin Batchelder, City A � � NDC4 Executive Director's Report October 10, 1996 Ms. Jodie Miller, Executive Director of NDC4, has submitted a report summarizing : their October 2, 1996 meeting and other current topics. She desired thax this information be shared with the City Council's of the member cities. (Please see attached Executive Director's ! Report.) i A�TION REQUIRED T'here is no action required. This item has been submitted for your information. A 1@�04i9b 13�09 $ 612 450 9429 NDC 4 P•�2 4 � �.. NDC4 CABLE COMMISSION EXECUTIVE DIRECT�R'S REPORT October ,�� 1996� NDC4 Fzlt C'nmm�cs�on MeP�inQ NI3C4 APPRCIVED C'OIYTINENTtiL f IIS WE�`T MER�.ER T�ITH C0IYDIT'It�N,S In NDC4legal caunsel Brian Crragan's report and recommendations regarding Continenta.l / US West's Request for Transfer af Ownershig, Brian recammended approving the transfer under several conditions, including: a} Any and a�l necessary authoriza�ions and apprt�vals must be granted by the Federal Government, including the Department of Jusrice and the Federal Communicatians Commission. {Tl�is inciudes the "Waiver" that must be granted, we believe, by both the FCC and NDC4.) b) The transactian must close within the terms of the Agreemerit between US West and Caniinentai as it was pravided ta NDC4. c) Continental must reimburse NDC4 within 30 days for al! lega� costs. d} US West must promptiy notify NDC4 in writing af the completion of the Merger. e) US West must within 30 days af the closing provide NDC4 with a Guaranty in the form NDC4 has provided. Brian had included a draft Resolution far the Commission to cansider and a draft Corporate Guaranty for US West to provide #o NDC4. Cc�ntinenta�'s 1ega1 counsel John Gibbs had seen the report and expressed that they had no cancerns with it. The Resolutian was passed unanimously by the Commission. NDC4 Council and Citizen Representatives have cogies of the Resolutian and legal counsel repart, and anyone wishing to receive a copy may call Jodie Miller at 450-9891. PROGRAMMING NC.ITES j,�[�,y,�.��,,�ue of Wc�men Voters Cand�,�ates' Forums� week Uctober 7, 9, and 10 at 7 p.rn. 1Q17 - MN Senate and Hc�use Districts 36 and 38 on Channe133 10/9 - West St. Paul City Cauncil and Mayor on Channel 19 I4I10 - Mendota Heights City Counc�l and Mayor on Channei 33 I,�gue 4f t7Uc�men Voters "Meet the Candidates" se,�ments l�ave been #aped with many city, county, and state candidates and�wiIl appear on NDCTV channels throughout the ne�rt four weeks. 'The iatest "batch" of five-minute segments was taped Uctaber 3 and wilt begin running an the channels October 14. Ca11450-9891 for specific replay times. Lates ,gpisode oflns�ght 7 r�p�ys at noon and 7 r�,xrt. Monda -y Frida� o� Chann�l 33 October 1 edition features new Mendota Heights Palice officers, special prevention pragram on Violence in the Workplace, West St. Paul horseshoe league, ribbon cutting for Regional Trail, School Dist. 19'7 Town Meeting, and 90 Seconds ofHistory on West St. Paul's Albert Park. (3ctober 15 editian in the works wi11 feature upcoming fundraiser for B. Robert Lewis Women's Shelters, NDC4 Executivs Director Jodie 142ilter's Anest and Incarceratian (for a local charity drive), South St. Paul fJn the Road Again, Local Cammunity Televisian Week, Sibley Girls' Tennis Team, West St. Paui 1 St.1Vlichael's School Fire Prevention efforts, arrd as always, an intriguing bit of lacal history with Bill Walston! MEETING WITH DAKOTA COUNTY CITIES A meeting has been scheduled at inver Grove Heights City Ha]i on {)ctc�ber 8 to discuss cities' plans and needs for data interconnection both within cities, between cities, and between city and county government. A project has been underway with Daicota Caunty GIS (Gc�vernment � � 10iO4/96 13:10 � 612 450 9429 NOC 4 p•�3 Infarmatiqn Services) Usecs Group and cities in Dakota County and the Metropolitan Cooncil to intercannect cpmputers of Dakata County cities and the County. One part of the meeting agenda will be to discuss how the rebuild of the NDC cable system may impact these plans, as well as haw cable fzanchising in Dakota Caunty cities may €rnpact these plans. Representatives from Inver Crrove Heights, South St. Paul, West St. Paul, Mendata Heights, Apple Valley, Eagan, Burnsvilte, Rosemount, Lakeville, Farmington, the Met Council, the GIS group, and three schac�l districts are expected to attend. NA.RR()I3�'CAST'lNG ��AS' R�SiIRFAG'ED The City of Sauth St. Paul has asked NDC4 to revisit the Narrowcasting issue. They wauld like to be able to cabiecast certain South St. Pau2 government meetings on a Covernment Access Channel only to subscribers in Sauth St. Paul. The Franchise Ordinance Amendment passed in 1991 ta relieve Continental oithe requirement to provide Narrowcasting Capabilities states: Grantee or its successors-in-interest may be required to construct the cabie system with geographic narrowcasting capability upon system franchise renewal, rebuiid, or sale to another party at the discretion of the Northern Dakota County Cable Communicatians Commission. Now that the systern is being rebuilt, Sauth St. Paul would like the Narrowcasting Capability to be designed into the new system. I have written a letter to Fran Zeu1i asking him to inform the Cable Commission whether this could be done and what the technical and other rarnifica.tians miglat be, and I have discussed ttie tapic with Continental Eng"rneer Steve Baker. MACTA C0IYFERENCE CCIMING UPIYQYEMBER 7AND 8 The annual MA.CTA Conference has been moved from January to N`ovember this year, and has been moved to the Sheraton 1Vletrodome on 35W and Industrial Blvd in l�tinneapalis. The C�nferenca is being planned with two "colleague �rganizations," the 1VIl�T Goven�nent Access Producers (M-GAP} and MN Community Media {MCiVi�, so there will bs fifteen warkshop sessions, speeches by the Gavemor's "tech czar" 7ahn Gunyou and Rep. Jim Ramstad, and a panel wi#h LMC, industry, and legislators to discuss the upcoming legistative battle. Thursday November 7 the canference will run from 9 a.m. ta � p.m. with an additional evening seminar put on by the League afMN Cities ta update City Officials an the Right-of-Way Issues Task Force. Friday Navember 8 the conference wiil run fram 9 a.m. to 2 p.m. The budget altows for three peopte to attend, and I recommend sending at least one Cornmissioner in additian to myseif and Judy Skeie-Voss. I wauld alsa recommend sending as many Commissianers as possible to the Thursday evening special seminar, which will inciude a receptian from 5:30 to 6:3p and workshop serninar fram 6:30 to 8 p.m. City o,fficials may be especially i�tterested in the Thursday evening special seminar! LEAGUE OFMN CXTIES RIGHT-OF-WAYISSUES TAS,KFORCE I have provided a copy of the video tape af the August 13 Channel 2 news story on the right-of- way issue to each city (Commissioners picked them up at Wednesday's meeting.) The segment is about 11 minutes, and it shows the case in Redwood Falls where US West attemgted to have the District Caurt overrule a City l�rdinance (and failed} and includes a discussion with League flf MN Cities Executive Director Jim Miller and US West Regresentative Grant Graham, The League Task Force is working an a model ordinance and permitting stnzcture which witi be distributed t4 Cities sc�on. It is an updated versic�n for those Ciiies whQ have akeady passed a telecommunicatians ordinance and a model for those who haven't done so yet. 10�04i96 13�11 � 612 450 9429 NDC 4 P.04F �" Management ofright-of-way was a major topic at the NATOA Conference. Many cities aren't cancerned yet, but should be. Even if a city isn't particularty interested in the potential recovery of costs that are being imposed on local taxpayers by the growing use of the rights of way by for- profit #elecommunicatzans campanies, and even if a ciiy doesn't foresee crowding groblems in the right-of-way like Minneapalis and St. Paul are experiencing, every oity shauld at least be aware of the potential liabili�ies that can be put on a city by asers of its right-of-way. Tl�e 1996 Telecom Act requires that competing telecc�mmttt3ications firms be treated "on a ievet playing field." Therefare, ifyou have ane company in the city now and aren't charging them for the city`s cflsts of street degradation, maintenance, disruption of local tra�c and commerce, or occupancy in the right-of-way, yau may have difficulty changing your ordinances later on when yau have ten different companies wanting to tear up your streeis. �tow is the time to assess what's in the right-of-way and wtiat needs the city will have in the ne� five year regarding telecommunications and then pa�s got�d ardinances that wiil allow the city to properly manage the right-of-way and obtain the telecammunications facilities and services it needs ta effectively provide its constituency with city services. �1''�AC.F�AIVNEL Equipment was installed at NDC4 office on September 2S, and staff'has begun training the first week in October. This interactive bulletin board system will a11aw viewers to cali on their telephones and choose the pages of informatioB that they wish to view. We still need a"catchy name," so we"re planning a"Name this Channel" cantest as part of our roll-out promations, with a prize of a televisian set andlor a cordless telephone and three months of free cable {all items used to interact with the new community bu�lefin board systemi) Anyone who has ideas or contacts with vendors who may dona#e prizes, plea.se let me know! N�iTI�A A1YIVUAL Cl?NF.Ei�NCE At the NATOA Annual Conference in Florida, September 8- 11, I picked up several audio cassette tapes of workshop sessions that Jodelle Ista and I thaught would be of interest to psaple "back home." (I've found that the drive to and from work is a great time for listening!) I`ll make the tapes available at Comrnission meetings for anyone who wants ta "check them out." City afficials are alsa weicome to borrow the tapes. Please let me know ifyou're interested in listening to any of the f�li4wing topics: Tape 1- The 199b Telecom Ac# Overview Tape 5- The Future of PEG Access Support and Pragramming Tape 6- Basic Telecam Technotagy 101 Tape 7- Advanced Telecom Technology 201 Tape 11- Sma11, Medic�m, Large - One Size Fits Ait! Eacelience ic► �avernment Access Programming Operatians - Tape 14 - Keynote Speech by Michael Greenberger, attorney wha represented the Atliance for Community Media at the U.S. Supreme Court on lst Amendment Issue: Section l OC of the Cable Act of 1992 Allawed Censarsiup of PE,G Access Channels by Cab1e Qperators (was stnick down by Supreme Court) Tape I S- Utiiiiy Company Entrance into �he Telecommunicateons Market Tape 16 - Eiectioa Coverage on Gavernment Channels � 10�04i96 13:38 $ 612 450 9429 UPCOMING MEETINGS: NDC4 Executive Committee NDC4 Full Commission NDC 4 November 6, 5:30 p.m. December 4, 7:00 p.m. NDCTV UPDATE Membership Drive is underway! "Join Team NDCTV!" is our theme this yeaz, as we encourage community leaders and NDCTV viewers to join with our facility users, program producers, volunteers, local organizations, businesses, Board members and Commissioners and statFwho make up the team that makes community television possible! Membership support is a very important part of the equation, and this year our memberslup goal is higher than ever, so we appreciate those of you who renew your memberships or decide to join the team this year! Special thanks to Lucille Collins for being the FIRST member to renew this campaign, and for renewing at the Patron level! Also thanks to Angelo's Pizza of South St. Paul and to Continental Cablevision for providing incentive gifts for our membership campaign. Mini-grants available for Members! NDCTV is again of%ring three mini-grants for up to $250 each for programming proposals in the categories of Educational, Multi-Faith, or Public Access. Applications and more information are available from Scott Mueller at 451-7834. Comn:ittee is working on Business Plan! The NDCTV Corporation is challenged with an increased goal of over $60,000 in earned revenues for the 1997 Fiscal Year, and a special ad hoc committee has been assigned to review the Corporation's options and opportunities for earning that revenue and prepare a business plan for presentation at the November 18 Board Meeting. Personnel Policies are under reviewl The NDCTV IIuman Resources Committee is reviewing the personnel code to deternune whether changes are advisable regarding the "at-will" v. "for- cause" status of employees. Currently the NDCTV Corporation and the NDC4 Commission have nearly identical Personnel Policies, so this review may lead to the Commission reviewing its Policies as well. P.61 ]4oard Development Committee recruiting for Board of Directorsl There will be at least one vacancy on the NDCTV Board as Director Liz Witt reaches her six-year term limit this year. If you are interested in learning more about serving on the NDCTV Board or have a suggestion of a community leader who may have expertise to contribute to our Board, please call Jodie Miller at 450-9891. CITY OF MENDOTA HEIGHTS MEMO • - . : ,,.� October 10, 1996 TO: Mayor, City Council, City Admini� FROM: Kathleen M. Swanson�'�� City Clerk SUBJECT: Copier Acquisition INFORMATION As Council may recall, the 1995 Administration budget included $20,000 in capitol outlay for the purchase of a replacement copier. La.te last year, Council approved my recommendation to defer purchase of the copier to this year. I would now like to begin the process of requesting quotes and evaluating equipment. DISCUSSION The copier currently shazed by all departments housed on the main floor of City Hall is approximately 7 years old. Over the years it has been a very reliable machine and has served us well. While it is still serviceable, it is no longer reliable enough for the significant volume of copying generated on a regular basis. As was anticipated during the 1995 budget process, it has been subjected to considerable down-time for the past year. High volume copy runs, such as agenda. packets and budget preparation aze often interrupted for repairs for lengthy periods of time, and jams and collator problems are frequent. I delayed recommending its replacement in 1995 so that the funding could earn interest as long as possible. We are now at the point, however, where purchase of a new machine should no longer be delayed, and I ask for Council authorization to begin the process necessary to acquire a new machine. If Council's authorization is granted, we will prepare specifications and submit them to numerous vendors for quotes. Those vendors whose quotes meet the specifications will be invited to provide a demonstration machine to us for evaluation. After the units are evalua.ted by a team of staff inembers, I will contact the vendors and negotiate maintenance contract terms, etc. A recommendation would then be prepared for Council consideration on November 5, or November 19 at the latest. RECOMMENDATION I recommend that Council authorize staff to prepare specifications and solicit quotes for a new copier. ACTION REOUIRED If Council concurs in the recommendation, it should authorize staff to prepaze specifications and solicit quotes for a new copy machine. � CITY OF MENDOTA HIIGHTS �:� • Uctaber 10, 2996 i TO: Mayor, City Council and City A'`''�tor FR4M: . 3ames E. Danielsan, Public Works D' SUBTECT: Private Watermain Agreement - Enterprise Corporation Centre DISCUSSIQN• Fire Marshai Paul Kaiser required United Properties to �nstall a iire hydraut at the rear of their new Enterprise Corporate Centre offiice/warehouse development. St. Paul Water Utility requires that all hydrants and their watermain le�ds on private pmperty be installed within an easement and under the terms and conditions af a private watermaia agreement. They also require the City of Mendota Heights to be part of the agreement. I2�C4NIlV��1vDATIUN: I recommend that Mendota Iieights enter into the attached private watermain easement agreement with United Properties and St. Paul Water Urility. AC1'ION REQUIRED• If Council desires ta implement the recommendation they should pass a motion authorizing the Mayor and City Clerk to execute t�ie attached Agreement on bebalf of the City. `I I /� ��►���I,� j �i -�`�NI!�!i/' _�� .���,$��- , � � • � • October 3, 1996 Mr. Jim Danielson City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 RE: ENTERPRISE CORPORATE CENTRE Dear Tim: We have recently been asked by the City of St. Paul Water Department, Mr. Tom Johnson, to execute the enclosed Watermain Easement Agreement for the Enterprise project. As soon as possible, please have the appropriate persons sign all four copies of this agreement. Call me at 893-8828 when complete and I will pick it up at City Ha11 to forward on to the City of St. Paul. Ca11 me if you have any questions. Thank you for your assistance. Very truly yours, Dale J. Glowa Senior Vice President Development D7G/srh Enclosures 35(10 West 80th Street Minneapolis, Minnesota 55431 612 831-1000 Fax: 612 893-8813 � AGREEMENT THIS INDENTURE, Made this lst day of October, 1996 by and between UNTI'ED PROPERTIES INVESTMENT COMPANY, a Muinesota Corporation, hereinafter designated as "Owner", the CITY OF MENDOTA HEIGHTS, a Minnesota Municipal Corporation, hereinafter designated as "Mendota Heights" and the BOARD OF WATER COMMISSIONERS OF T'HE CTTY OF SAINT PAUL, a Niinnesota Municipal Corporation, hereinafter designated as "Board' ; and WI�REAS, The Board during all times herein mentioned did and does manage, control and operate, pursuant to the Home Rule Charter of the City of Saint Paul, its water works and public water supply system primarily for the purpose of furnishing an adequate supply of water for industrial, commercial and domestic purposes to residents of the City of Saint Paul within its corporate limits, and incidentally to residents of the City of Mendota Heights for the same or similar purposes, pwsuant to agreements by and between the Boazd and said last named City and ordinances of said City of Saint Paul and City of Mendota Heights germane thereto; and VVHEREAS, The Owner owns the following described land situated within the corporate limits of said City of Mendota Heights in the County of Dakota, State of Nfinnesota: Lot 1, Block l, Southridge Business Center 2nd Addition (the "Property") and has made application to the Board for water supply service to be afforded from the Mendota Heights public water supply system to the Property according to the rates and charges payable therefore by the Owner, its successors or assigns, to such municipality or the Board as the same may be established from time to time; and � WHEREAS, Mendota. Heights and the Board have made subsisting ageements, by and between them, germane to the extension of water service for the aforesaid purposes, from said public water supply system of said City of Saint Paul, by the Board, to said City of Mendota Heights and the residents of the same within its cotporate limits, and such extension of water supply service has been and now is the subject of city ordinances germane thereto duly enacted by the City of Mendota. Heights and said City of Saint Paul, this agreement to be� deemed subject to said prior subsisting agreements and said ordinances. NOW, TI�REFORE, in consideration of the mutual covenants herein contained, the parties, for themselves, their successors and assigns, do hereby mutually agree as follows: 1. The Owner does hereby convey and gant to Mendota Heights and the Board a peipetual water main easement in, under, through and over and across that portion of the Property described on Exhibit A attached hereto and incorporated herein by this reference (the "Easement Area"). 2. Mendota. Heights and the Board do hereby grant permission to the Owner to construct, maintain and repair a private water main necessary for the furnishing of water service to the Property subject to the terms and conditions contained herein. 3. The Owner shall construct the private water main at its sole cost and expense, in strict accordance with approved plans and specificafions on file with the Board, under the supervision and subject to the approval of the Board and within the Easement Area described in Section 1. The Owner sha11 pay a deposit to the Board to reimburse the Board for inspection costs plus any standard administrative fee. All service connections from the private main shall be constructed by the Owner at 2 its sole cost and expense, in strict accord with plans and specifica.tions approved and on file with the Boazd under the supervision and approval af the Board. 4. All necessary maintenance, repairs, aperation and/or replacement of the main and service connections sha11 be harne by the Owner at its sole cost and expense, in strict accord with plans and specifications approved and on file with Mendota Heights and the Board and subject ta approval by Mendota Heights and the Baard. 5. Mendota Heights and the Board, at the request of the Owner, or in case of default by the Uwner in relation to the construction, reconsmzction, rnaintenance, repair or operation of said private main, may enter upon the Easement Area and const-�uc�t, reconstruct, maintain, repair or operate said private main for the aforesaid purposes of the same and all reasonable cast and e�ense thus incurred by the Baazd sl7all be chargeabte by the Board to the Owner and shall be come due and payable upon presentation of an invoics therefor; and if such charges are nat paid when due, they shall become and constitute a lien upan the Property. In the event of nonpayment, the Board reserves the right to deny service. 6. The Board agrees to supply water service to the Properiy as the same have been ar shall be developed far cammerciai purposes, subje,ct to and in accordance with applicable rates or charges, rules and regulations as they are or sha11 be established from time ta time by the Board. It is understoad and agre�d, hawever, that the Board undertakes ta supply such water suppiy oniy in case the pressure in its mains is suf%cient ta enable it so to da, and the Board assumes no responsibiIity far failure ta supply water resulting from acts or conditians beyand its control. 3 7. It is agreed by and between the parties hereto that this agreement shall be subject to water service rates, rules and regulations germane to the subject of this agreement now in force and hereinafter prescribed and promulgated by the Board or by Mendota Heights and further that there sha11 be and hereby is reserved to the Board and to Mendota Heights the right to change, revise, alter, and amend such rates, rules and regulations as their discretion shall direct to the end that such rates, rules and regulations shall be reasonable. 8. No extension of the private water main shall be made without the prior written consent of Mendota Heights and the Board. All necessary service connection taps from the private water main shall be installed by the Board upon due applicable therefor on a form supplied by the Board and shall be installed by the Board at the cost and expense of the parry requesting the same. 9. The Boazd resetves the right to shut off the water service when necessary for the extension, replacement, repair or cleaning of the private water main or apparatus appurtenant thereto, and the Board shall not be held liable for any damage occasioned thereby. 10. The terms and conditions of this agreement shall run with the Property and shall be binding upon the Owner, its successors and assigns. 11. The Owner, in consideration of its being supplied water by the Boazd, upon the terms and conditions herein outlined, shall comply strictly with all of the rules and regulations of the Board, and shall pay or cause to be paid unto the Board therefor according to all applicable rates and chazges prescrihed and promulgated therefor by the Board now in existence or as may be modified or amended, which aze hereby incorporated by reference. The Board reserves the right to shut off the water supply for nonpayment of applicable water charges, and it is expressly agreed that such unpaid water charges � and costs incurred by the Board pursuant to this agreement shall be and constitute a lien upon the Property. 12. The Owner, its successors and assigns, shall indemnify, defend and save ha.rn�less, Mendota Heights and the Boazd, its officers, agents, employees and servants from all suits, actions or claims which shall arise from any injuries or damage caused by any break or leak in any service pipe, private main, other main or connection authorized by this agreement except those arising from the negligence of Mendota Heights or the Board that may occur from the furnishing of a supply of water by the Board to the Owner, its tenants, successors and assigns or other persons, fimis or corporations served and to be served by this private water main; and furtl�er, that the Owner, its successors and assigns, shall indemnify, defend and sa.ve harrnless Mendota. Heights and the Board against any claim, action or lawsuit brought against Mendota. Heights or the Board arising from the negligence of Owner, its successors or assigns in connection with or as a result of this agreement or the matters to which it relates. IN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be executed the day and year first above written. UNITED PROPER'TIES INVESTMENT COMPANY _ � r: a 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , Tl�e foregoing instrument was acknowledged before me this �� day of October, 1996, by TrT/� �, cSTz t�i` and ��) �� c,n ��+.� j��S / D�:'�' i �d �55i STt7�v: �-c: k�� , respectively of IJrTITED PROPERTIES INVESTIV�NT COMPANY, a Minnesota Corpo tion on behalf of the Corporation. . � �'�= JODY A. SCHLIEMANN > y i � 1� NOTARY PUBUC-MINNESOU scorrcouNnr � co��i� �q��,,�. s�. zoao r • • � STATE OF NIINNESOTA ) ss. COUNTY OF DAKOTA � `t � ,� ;��� �zz-ut. ' � Notary Public CTTY OF MENDOTA HEIGHTS By Ma.yor By City Clerk The foregoing instrument was acknowledged before me this _ day of October, 1996, by and , Mayor and City Clerk, respectively, of the City of Mendota Heights, a 1Vlinnesota municipal corporation, on behalf of the Corporation. Signature of person taldng acknowledgment 0 � !i � i � � f � � a t � � � � Bernie R Bullert, General Manager Assistant City Attorney City of Saint Pau1 BOARD OF WATER COMMISSIONERS OF T'HE CITY OF SA:INT PAUL M Dino Guerin, President sy: 7anet Lindgren, Secretary STATE OF MIlVNESOTA ) ) ss. COUNTY OF RA.MSEY ) 0 The faregaing instrument was acknawledged before me this day of October, 1996, by Dino Guerin, President and 7anet Lindgren, Secretary af ihe Baard of Water Cammissioners of the City of Saint Paul, a Minnesota municipal corporation, an behalf of the corporation. Signature of person t��king acknowtedgment COUNTERSIGNED: Martha. G. Larson, Director of the Department ofFinance & Management Services, City of Saint Paul STATE OF MIt�INESOTA } ) ss. COUNTY OF R.AMSE� } 7 The foregoing instrument was acknowledged before me this day of October, 1996, by Martha S. Larson, Director of the Department of Finance & Management Services, City of Saint Paul, a 1Vlinnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment COUNTERSIGNED: Fred Owusu, City Clerk, City of Saint Paul STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) _ The foregoing instiument was acknowledged before me this day of October, 1996, by � Fred Owusu, City Clerk, City of Saint Paul, a Muuiesota. municipal corporation, on behalf of the corporation. Signature of person taldng acknowledgrnent COLJNTERSIGNED: Norm Coleman, Ma,yor, City of Saint Paul STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of October, 1996, by Norm Coleman, Mayor, City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Signature of person taking acknowledgment E:j � This instrument was drafted by: MAUN & SIMON, PLC (JJB) 200011�idwest Piaza Buiiding West 801 Ncollet Mall I��inneapalis, l��esata 55�02 612/338-1113 14IO2J96,JJB,56822 1M .�aser►�ent ,�'/cet�h �'or�.� UJ��/TE'D P/9�PF'RT/L�`v�' � � t J 'T'! 1 � } 1 I"1 / � f"' '_{ t 1 � "� I !1 J ��; "` •-� .�:1./V / ��/ �/Ul7L_ �,�V..../I Vt,_�� AC�ESS ANp WATERMAIN EASEAIENT -•�+ • E�7'W « 2I3.2S —^ - � [� t W HW�,� �� � _� N M �^ 0 O Z ��. � ("` /� J T"/"��- ) A �j lVlL�ll y '1����i/lli�.. EXISTlNG BUlLD#NG __ !"� b h� � � �� .. � � ��'� �t n n 1�"t � n t ',4 nuv� i lv� v / , ^y �tM'� U � � � � L• n �...f ACCES5 AND WATERNAN _,,,, wesr ,_,_230_00 V$ S U R F A G F � � � � �C4NCRETE CURB� �pST�H,�g�„Tp^��(l,��p� ( �r��ss c�r�� zr+a Aoanar BITUMINOUS PARKING LOT a,tr-n tnrt'T'a r Ir-r/�t r-r�^ rv�t_i vt✓v rn l'7L,�1r7 J,� �ntn� �;�r �ini ,�an �1.�, I1 YLJC.J�.%1 �1lnt. r nfit� �SGR#PTIQN 0�' SUBJ�'CT PRQPERTY Lot I, Block I, SOUTHRIDGE BUSINESS CENTER 2ND ADDI710N, according to the recorded plat thereof, Qakoto County, Minnesota. �OPOS�`k WA7,�RMAIN AND AGr��S EASEMENT A i 5.00 foot easement over, under and across Lot �, B�ock I, SOUTHRIDGE BUSINESS CENTER 2ND ADDITION, according to the recorded plot thereof, Dakota County, Minnesota, The centerline of soid i 5.00 foot eosemen# is described as commencing at #he southeas# comer of said Lot I; thence on an assumed bearing of North 0 degrees I 7 minutes 13 saconds West along the east line of said Lot I, a distance of 24.00 feet to the point of beginning of the centertine ta be described, thence on a bearing of West a distonce of 23Q.00 feet; thence Narth 45 degrees 00 minutes 00 seconds West o distance of 100.00 feet; thence North 89 degrees 34 minutes 47 seconds West a distance of 213.25 feet and said centerline there kertninoting. The sidelines of said easement are to be prolanged or shartened to #erminate gt said east line of l.ot 1. 36065 T.28, R S.34 OBP 96065009.DWG We hereby certify that this sketch, plan ar report was p��pared by me or under my direct supervision Qnd thr�t 1 am o duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this Ist day of October, 1996 SUNDE �AND St1RVEYING, IN By: _.,.._��►..�++o = k.. Edward H. Sunde, R.L.S. Minn. Reg. No. 8612 C='± r�'+ � t-! � ra H � �CQIICIC�� �.�1L10C� �CL�°CY��3'flffi� �L�Q�o 9001 E. Bloomington Fr��way (35W) Bloomington, MN 55420 {gi2) 88I-2455 � � CITY OF MENDOTA HEIGHTS �� � October 11, 1996 To: Mayor and City Council � From: Kevin Batchelder, City A tor Subject: Communication/Information from U.S. West DISCUSSION The City recently received a communication from Ms. Kathy Kolbo, Community Affairs Manager for U.S. West Communications, regarding recent rulings by the Federal Communications Commission (FCC). This information is being forwarded to City Council. (Please see attached.) ACTION RF,QUIRED There is no action required. This information is being forwarded to City Council for your information. � ��� �e COMMUNICATIONS Q �`� t�, ��i_ ,_ n September 25, 1996 � ; Z �,,���,� . ;;, 's �.� � SEP 3 p 1,�6 Tom Lawell � ]J City Administrator = -=;_=»a„__..______r.___„ City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4167 Dear Mr. Lawell During a visit to the Twin Ci6es on August 6, U S WEST Communications President and Chief Executive Officer Sol Trujillo discussed our company's concern that local competition rules adopted by the Federal Communications Commission (FCC) threaten the future viability of the local telecommunications network. I wanted to take this opportunity to keep you informed of developments since that time. The FCC issued its 700-page order on August 8. In short, the rules are convoluted. Under the FCC rules, U S WEST will be required to sell all parts of our network to competitors at prices below our costs. For example, competitors will be able to buy our basic phone service at about one-half the price our customers pay — then turn around and resell that same service to our customers as their own. You can imagine how that pricing structure will discourage us or any other company from making substantial investments in new telecommunicadons facilides. Without those investments, the future viability of Minnesota's telecommunications infrastructure is threatened. On September 5, we filed a Notice of Appeal with the D.C. Circuit Court asking the Court to overturn substantial portions of the FCC's order. In addition, we have asked to FCC to stay portions of its order. In the meantime, the Minnesota. Public Utilities Commission is facing the challenge of whether to . accept the FCC's rules or write their own guidelines that will meet the unique needs of consumers in our state. Unless the Commission develops rules that take into account the unique needs of Minnesota, many consumers could face the worst of both worlds — no new investment by new competitors and reduced investment from existing providers. To provide additional informadon, I am enclosing a document that oudines our posidon in more detail and a brochure tided "The New Competitive World Of Telecommunications: ' I will keep you informed as public policy makers debate these important issues. Sincerely, �CL2�L'�-��G�� Kathy Kolbo Community Affairs Manager Enclosures �,�►��� COMMUNICATIONS QQ FCC RULES THREATEN CONGRESSIONAL VISION FOR TELECOM FUTURE Cong�cess wanted investment, innovation, jobs and universal service. Unfortunately, the FCC accomplished just the opposite with its rules. The FCC focused on making it inexpensive and easy for new competitors to enter the local telecommunications business. It accomplished that objective by making it cheaper for new competitors to use the existing network than investing their own resources in developing new networks and technologies. By allowing new competitors to pav less than cost for the existing network, universal service for aIl consumers is threatened. New competitors already are announcing plans to invest to serve only high-profit urban business customers. Other consumers -- particularly those in low-pro�t rural communities -- could face the worst of both worlds; the local telephone companies won't be able to afford to keep up the existing network and there will be little or no new investrnent b.y new competitors. Innovation will be slowed because the FCC rules require local telephone companies to give any new products and services they invent to new competitors at below-cost prices. Under that scenario, there's no economic reason for local telephone companies to develop new technology or make new products and services available. Because new competitors will rely primarily on resale to serve most parts of the state, few well-paying jobs will be created -- and those will be limited to urban areas. Morton Bahr, President of the CWA, explained this very eloquently in a recent letter to the FCC. • The FCC rules undercut universal service and encourage cream- skimming by enabling new competitors to serve only the most lucrative business customers -- which many have said is their intention. Because most of the revenue and profit in the industry comes from the top 20% of customers, the other 80% risk being ignored and missing the full benefits of competition. - more - 0 � �(t� � � 4� . .. _ .�'�TF'� ��� � `'�� •.{,i . � y'( �,,h ... ;. ..ci..l..__ ...iu�.^•i �i�. 1'��}I I 1� f � t �si'i"` � �S ,. L �N�� Sil �. � �� } � Y � . � 'k .. Y.} A i7F... �r.�'�;�""'�,�.i� } .. ���j!��\iix^�� -��`�4 ,.� .. ._ J �"� 1 > .� � ,� r � ., ' „ � �'� � .�.. r' � r ' j :� , � .;,� � '�.k �, � ��� -r��''� J J ` �: � ? '� � ' . , . . , � ����'"� ,. ,, . �, �• : �: . � � � � .. ���£ , y�• ; � � R .�t�.�.1.� � � � :�_. � r� . � .. , ..�.� . .� � t �, _ , � i�: � . - -�;� � e . . _�, . : , _ . ... _ . . �. � ,_ .,,. � � � � �� ���' � :���1 ���1 J ���I�� �' r� -r ! = � �,�.I � .. �� ` . . i. - ` � ��4..�� � 'r�. �1�yN'ESI16 cor�n�urvrcarronrs Q �'� ��.a" ;;.�*`:.:ti ;,;�i;r���.'�":;_�;�""��'r �;" :�`=:�� -r - TH� N�w GomP�����v� WoR�o QF TELECOMMUNlCATI�NS WHAT IT MEANS �OR CONSUMERS On February 8, 1996, President Clinton signed into £°� law the Telecommunicafions Reform Act of 1996, ` triggering' fundamenfal changes in ihe telecommu- nicat�ions industry and haw consumers will be provided products and services well into the future. Compe#ition The gaal o# the 1996 Act is to create broad campetition among teiecommunicatians and cable providers, and promote investment in new technology, products and services. Campetition will creaie a multitude of ci�oices that will allow families and businesses to shop for the best commuruca#ian and entertainme�t values. Gompetitive rules are importaat Implementation of the Act requires the adoption of competitive rules by the Federai Communications Commission (FCC) and individual state public utility commissions. Those rules will determine whether true cornpetition and choice will be availabie to ai! cansumers. There are important questions Wili companies be allawed #o provide `bne-stop- shopping" and a full array of services? Or will restrictions and prohibitians limit campetitian? Real campetitian or nat? Will new competitors for local service invest in new networks to main#ain and imprave residential service throughout yaur state--in rural and urban areas alike—or only in selected areas? As they resell U S�WEST Communications' service, will new entrants be made to pay their fair share ta maintain and improve the local phone network? ��.,;�..�.:,_,..;���:;:: _;�, ."�.: S . . �. '.t. SOMETHING YOU DON'T THINK ABOUT VERY MUCH THE VALUE OF THE LOCAL NETWORK This modern infrastructure—the local telephone network—is so reliable it is often taken for granted. The "network" is the backbone of commerce and industry throughout U S WEST Communications' region, connecting families and businesses 243 million times each day. It makes possible everything from basic telephone service to such advanced features as Caller ID, Call Waiting, I/oice Messaging, and high-speed data networking services. A Massive Investment The telecommunications needs of this fast-growing and widespread region are unique and require a continual investment of capital. Last year alone, U S WEST Communications invested $2.8 billion to maintain and improve the network. We com- pleted nearly 14 million installations and added 600,000 new phone lines—that's n�arly 2,000 a day, six days a week. In all, the local communications network is a$30 billion asset of immense importance. Maintaining the Network The continued growth and prosperity of the U S WEST Communications' region, together with the demands of new communications technologies, requires an even greater investment in the future. New entrants planning to resell services purchased from U S WEST Communications' network, rather than invest in their own network, should pay their fair share to maintain and improve it. But that's not the way some competitors such as AT&T and MCI see it. They are asking regulators to allow them to use U S WEST Communications' network at a price substantially below what it costs to provide the service, let alone what it will take to maintain arid improve the network. In fact, they want to pay far less than what the average consumer pays for local phone service. That way, they can turn around and sell U S WEST Communications' service at a substantial profit, while making little or no investment of their own. What Can Happen? If new entrants such as AT&T and MCI refuse to help maintain the network—and at the same time, carry out their plans to "cherry pick" only the largest and most profitable customers—the quality and reliability of the network will decline. In addition, the enormous costs to maintain the network will fall on the shoulders of fewer and fewer consumers. Residential and rural consumers will have the worst of both worlds: no new investment by new companies as well as reduced investment to maintain and improve the network they use today. States Can Protect Consumers Now that the FCC has issued its competitive rules, it is up to individual state public utility commissions to determine the price new entrants will pay to use the U S WEST Communications' network. These officials will determine whether new local service competitors will be required to pay their fair share to maintain and improve the network, as well as determine whether all customers and all commu- nities—urban and rural alike—will have the benefits of real competition. It is vital that state public utility commissions make decisions that will ensure long-term compe- tition and network viability, rather than succumb to pressures to create artificial competition at the ultimate expense of many consumers. � U S WEST COMMUNICATIONS YOUR TOTAL COMMUNICATIONS PROVIDER ..� U S WEST COMMUNICATIONS INTENDS TO BECOME THE TOTAL TELECOMMUNICATIONS PROVIDER FOR OUR CUSTOMERS IN EACH OF THE � 4 STATES WE SERVE Our knowledge and understanding of local markets will ensure that our customers—residential and business alike—get the best service and the best value available. We intend to continue to provide basic local service to all of our customers—both in cities and rural areas. • We will aggressively compete to provide long distance service to our customers. We will partner with other providers to offer our customers a wide array of services, ranging from wireless communications to video products. At U S WEST Communications, we are confident that as the government allows us to offer these services to customers, we will be able to meet all of their information, communication and entertainment n� � U S WEST Communications U S WEST Communications, a Regional Bell Operating Company (RBOC), serves 25 million customers and employs more than 50,000 dedicated workers through- out its 14–state midwestern and western region. • U S WEST Communications' territory, ranked the number-one entrepreneurial "hotspot" in 1995, includes ten of the nation's 15 fastest growing cities. Between 1990-1994, more than 750,000 U. S. residents moved to our region from other states. � Last year alone, U S WEST Communications invested $2.8 billion in our telecommunications network— more than any other RBOC. � We recently added more than 245,000 miles of fiber optic cable, for a total of nearly 1.5 million fiber optic miles throughout the U S WEST Communications' territory—allowing us to transport voice, data and video at high speeds. • Through July of this year, we have handled a 35% increase in the volume of customer orders, while at the same time, accomplishing a 30% decline in customers waiting for service. • U S WEST Communications became the first RBOC to offer customers a connection to the Internet with an innovative gateway called !NTERACT. �, Q. How will competition for local phone service occur? In the vast majority of cases, new companies serving selected communities will simply resell U S WEST Communications' services. .�,. Q. How can a company buy services from U S WEST � Communications and resell them to consumers at a competitive price? New entrants want state regulators to force v U S WEST Communications to resell its services ;°.a to them at prices considerably below cost; in some cases at 60% less than what consumers '� currently pay for local service. Reselling U S WEST ,.� `�" Communications' service does not amount to true ��` competition and does not encourage companies to invest to maintain and improve service for all . consumers. Q. Will competition lower the price of telephone services? Competition will create opportunities to reduce overall telephone costs by bundling together a number of products and services. However, com- � petition will not reduce the price of those indi- vidual services which are currently priced well below cost, such as residential service and service in rural areas. Q. Does U S WEST Communications support competition? Absolutely. The removal of regulatory barriers vrill allow U S WEST Communications to provide total telecommunications services to its customers. "One-stop-shopping" will allow business and res- idential customers to get all of their information, communication and entertainment needs fulfilled with one phone call. Q. When will competition actually occur? Implementation of the Telecommunications Reform Act of 1996 requires a number of actions by state and federal regulators, as well as action by com- munications companies. This means that compe- tition will emerge on a state-by-state basis, first in cities and among businesses. Because competi- tion for local phone service will primarily consist of new companies using the current U S WEST Communications' network to serve their customers, the conditions for using the network must be worked out among competing companies and state regulators. Therefore, some consumers may see competition for local service by late 1996. U S WEST Communications will not be allowed to provide long distance service until a certain level of competition has been achieved in its local markets. Q. What will happen in rural areas? It is unlikely that new entrants will invest in facilities and systems to serve rural residential customers anytime soon. All indications suggest that AT&T and other new local service companies are going to concentrate on high-end business and residential customers—where they can make the greatest profits. And that could create a prob- lem if the high-end customers are "skimmed off" and others—particularly rural consumers—are left to maintain the local telephone network. U S WEST Communications insists that new com- panies pay their fair share to maintain the network and keep local telephone service affordable for everyone. It would be unfortunate—particularly for � consumers—to repeat the problems caused in rural America by bus and airline deregulation. .�f.�' .rj.' } y'. ..:. ' : ,�t'-i''.yiS.yi•..r;..., ` :-`v': �`• :., ::��.:•:�:' ;�=� :,, �!r'•. , - "AT-A-GLANCE" TELECOMMUNICATIONS REFORM Acr oF 1996 • Creates broad competition among telecom- munications and cable TV companies • Creates potential of "one-stop-shopping," whereby consumers can buy a broad range of communications and entertainment services from a single provider • Allows long distance providers and other companies to compete for local phone service • Paves the way for competition for local service, which will initially consist of new entrants purchasing service from U S WEST Communications and reselling it to consumers • Allows local phone companies to eventually compete for long distance service • FCC and state public utilities commisson officials must adopt rules to implement the Act 1 •. . � ; �.} �`. t.'� ��;: _, =>s��x... - , f � � 4_ • 1• �• � 1�1 I� i October 11, 1996 T4: Mayor, City Council and City Administrator FR4M; John P. Maczko, Fire Chief RE: Radio R�piacement DISCUSSI4N• Four weeks ago we began having problems with the radio in 2290, which is the rescua cammand vehicle. The radi�o repair shop has tried to repair the radio on three c�ifferent occasions to no avail. They finally called. the manufacturer of the radio, Motomla. Incorporated, far their advice and help. A week ago we received a phone call fram Motomla with an estimate to repair the radio of a minimum $1,OU0. Since the rad��o is ten yeazs ald, they wanted appmval to proceed before they would begin i'�Fairs• - Since this is a major expense I decided to check pricing on replacing the radio. I re�eived twa quotes on a new radio one from Ancom Communications for $3,80b plus installation and Bear Communications for 3,721.Q3, RECUMI��GNDATION: It is my recommendation that we proceed with the replacement of the radio as opposed to repaining it for the following reasons: 1. For command central as well as firefighter safety, communication is criti.cal. Since this vehicle alsa operates as our cammand vehicle at major f�ire incidents aad disasters reliable comumunications is imperat�ve. 2. There are no guarantees that the $1,OOO�expenditure ta repair the radio will fix ihe problem. Tha new radio systems eames with a ane year warranty. 3. The radia is ten years o1d and its remaining life is unknawn. 4. Manufacturer m,commended life on ra.dio systems is IS years. � 5. The new radio systems meets current and future FCC standards as it relates to future channel refarming, expected in or near the year 2000. Fundi.ng for the radio will be attempted within the e�cisting Budget, however this may not be possible due to the unexpected expenditure. I have talked with Treasurer Shaughnessy and he has indicated that adequate funding is available should Council decide to proceed. ACTION REQUIRED� If Council agrees with the staff recommendation, it should authorize the purchase and installa.tion of the new radio for $3,721.03 to Bear Communications. � CITY OF MENDOTA HEIGHTS �� � October 11, 1996 r '� TO: Mayor, City Council, and City Adminis FROM: Marc Mogan µS M Civil Engineer SUBJECT: Tilsen's Highland Heights Street Reconstiuction Feasibility Report Job No. 9612 Improvement No. 96, Project No. 4 INTRODUCTION: The condition of the existing streets in the Tilsen's Highland Heights neighborhood are such that typical preventative maintenance practices no longer provides an acceptable driving surface. The streets in this neighborhood warrant resurfacing or total reconstruction in order to restore the street to an acceptably smooth bituminous surface uader these circumstances. This feasibility report, wluch the City ordered by Council Resolution No. 96-64, on September 3, 1996, will discuss the pmject background, description, costs, financing, schedule, and offers a recommendation for the improvement. BACKGROUND: The streets in Tilsen's Highland Heights were resurfaced with bituminous pavement in 1970 as a restoration item associated with the constiuction of sanitary sewer and watermain , laterals to serve the neighborhood. These streets were constructed in accordance with the City's then current rural street desiga section. Rural streets at that time typically consisted of a 30 foot wide, 2" thick bituminous surface, over a 6" thick gravel base. The sh+eets have been slowly deteriorating over the past 26 years. Street sections have lost their crown. Water is ponding ia front of many driveways and the bituminous surface is cracking and cnimbling throughout the neighborhood. The current frequency and extent of pothole and deficient street section repairs made under the City's yearly street maintenance budget suggest that this course of action is no longer prudent. The normal expected service life for bituminous streets is appro�cimately 20 years. The age and current condition of the streets in this neighborhoad suggest that a street reconstruction pmject for this neighborhood is warrdnted at this time. PRO.TECT DESCRIPTION• There are approximately 2.1 miles of streets in the Tilsen's Highland Heights neighborhaad, which include Caren Court, Caren Road, Douglas Court, Douglas Road, James Court, James Road, Lilac Lane, and Vicki Lane. A complete reconstruction project in this neighborhood would be more complicated than adding curb and gutter and installing a new bitumi.nous surface. Installation of B618 concrete curb and gutter might affect existing drainage patterns on private property. Grading will be required to match the existing grades with the proposed curb. Side yards may need to be regraded to draia backyards effectively. All streets, except I.ilac Lane, are proposed to be reconstructed in accordance with the City Standard street section. A City Standard street is a seven (� ton design strength street section consisting of a 3.5" thick bituminous pavement surface constructed over a 6" gravel base with concrete curb and gutter (33 feet wide, gutter to gutter), and storm sewer where appropriate. The existing roadway on Lilac Lane is a parkway section consisting of a 21 to 22 foot bituminous driving lane in each direction separated by an extensively landscaped center media.n, appmximately 10 to 12 feet wide. In order to preserve and protect the existing landscaping within the Lilac Lane median, I propose that the Lilac Lane roadway section be reconstructed 20.5 feet wide (gutter to gutter) in each direction, with a 10 foot wide center median, and storm sewer where appropriate. Lilac Lane would also be upgraded with concrete curb and gutter, and a seven ('� ton desiga strength street section conshucted of a 3.5" thick bituminous pavement surface over a 6" gravel base. The installation of curb and gutter on this project necessitates construction of storm sewer to effectively route' storm water runoff off-site. There are several locations in the Tilsen's Highland Heights neighborhood where storm water presently clrains to some existing storm sewer catch basins or culverts. The existing storm sewer conduits would be utilized and incorporated into the design of the proposed storm sewer system design wherever possible and appropriate in an effort to reduce cost, and minim;�P storm sewer construction impacts. An efficient and cost effective way of rebuilding streets to achieve a greater design strength is to reclaim the existing bituminous surface and incorporate the reclaimed bituminous as part of the base material. This methad has been used with good success on the London/I3owning, Friendly Hills, and Curley's Valley View,Street reconstruction projects, and would be used on this project. Construction would coinmence with removal of the existing bituminous surface with bituminous reclamation equipment. The existing pavement surface is pulverized by this equipment, and then subsequently used as a recycled aggregate base for this improvement.pmject. Storm'sewer pipes would be constructed where necessary in accordance with tlie storm sewer system design. Existing ditches and driveway culverts would be eliminated wherever possible. Inadequate street, subgrade conditions would be repaired. Drain tile would be installed, where necessary and feasible, to provide a stable subgrade for street construction. Additional aggregate base would be placed as required. Concrete curb and gutter would be constructed, followed by the construction of two lifts of bituminous surface. Driveways would be reconstructed in kind, to the extent they were disturbed. Boulevards would be finished graded and restored with seed or sad. Residents who wish to replace their driveways in conjunction with this improvement project will be given that opportunity. Any additional driveway replacement work ordered by the properiy owner, and its entire additional cost, will be assessed entirely against the properiy, or will paid for directly by the property owner. In addition to the work proposed under the City's improvement project, Northern States Power Company (NSP) will replace the natural gas distribution system within the Tilsen's Highland Heights neighborhood. A street reconstruction project of this type affords the gas utility an excellent opportunity to replace the existing natural gas main distribution system which serves the neighborhood with a system which meets current standards. PRO.TECT COSTS: A summary of the preliminary estimated pmject costs including contingencies, engineering, administration, and overhead for the proposed improvement are as follows: Item Descriotion Watermain Storm Sewer City Standard Streets TOTAL PROJECT COST PRO.TECT FINANCING: Project Cost $15,000 $70,000 $840,Q00 $925,000 This project would be financed from a combination of special assessments, Infrastructure Reserve, and Water Utility Funds. '. . In 1992, City 'Council adopted the Street Rehabilitation and Reconstruction Policy. Z'his policy encourages the upgrading of rural street sections to City Standard Streets. The policy also makes funds available from various City funding sources to aid in the cost of certain street reconstruction projects. The City Street Rehabilitation and Reconstruction policy states that the City will finance up to 50 percent (50�) of the total project cost fora,pmject to upgrade and reconstruct streets that meet the requirements for City Standard 5treets.� That same policy indicates that benefited properties should be assessed the entire cost of the upgrade or capital improvement (i.e., storm sewer and concrete curb and gutter). This project proposes to deviate from this funding policy in a manner consistent with the other street reconstruction improvement projects which have recently been constructed in the City. On the other projects, after deducting all possible Water Utility, TII�, or Municipal State Aid (MSA) fiunding contributions, the City funded 50 percent (50�) of all project costs from the Infrastructure Reserve Fund that would otherwise be assessed against benefiting properties. The same funding approach is being recommended to finance the cost of these improvements. Under this proposal, the property owner would be assessed one half of the cost of the proposed improvement project with matching City Infrastructure Reserve funds after deducting all contributions from other possible City funding sources. I propose that all incidental watermain related construction costs be financed out of the Water Utility Fund. � There are 123 assessable residential lots within the project. Included in this total are four City owned lots south of Caren Road, between Lilac Lane and James Road, where a storm water pond is located, and which is part of the City's storm water system. After deducting all contributions from other possible City funding sources, all assessable properties withia the improvement project would be assessed 50 percent of the remaining impmvement costs on a per lot basis regardless of frontage, or corner lot considerations. Based on the funding methodology described previously, the proposed total assessment per residential lot is: $910,0{}0 = 1231ots =$7,400 per lot. The proposed total assessment per properiy owner is: $7,400 x 50� _ $3,700 per lot. Based on the above criteria., the proposed improvement funding amounts are as follows: City Standard Street Funding Source: Water Utility: Infrastructure Reserve Fund: Special Assessment: TOTAL PROJECT: PRO.TECT SCHEDULE: h�nding Amount $15,000 $469,700 . $440, 300 $925,000 It is anticipated that the entire improvement could be substantially completed during the 1997 construction season if the project is ordered and approved in a timely manner. Following is a tentative schedule of target dates for the proposed improvement project. Task Public.Hearing Field Survey Design Bid Construct Assess PRO.TECT INITIATION: Time November 5, 1996 November - December 1996 November 1996 - 7anuary 1997 February 1997 May - October 1997 October 1997 The proposed� improvement project was brought before the City Council by a petition of less than 35 percent (35 %) of the total assessable frontage of property owners in the Tilsen's Highland Heights neighborhood, and therefore, Minnesota State Statue Chapter 429, � "Local Improvements, Special Assessments" stipulates that a.four-fifths majority will be required if the City Council is to order this proposed public improvement. RECOMMENDATION• The Tilsen's Highland Heights street reconstruction project is feasible from a technical and economic standpoint, and can be accomplished independent of any other improvement project as proposed. I will be in attendance at the Council meeting to discuss this report and answer any questions. I recommend that Council be prepared to accept the feasibility report as presented or amend it as necessary, and proceed with the proposed improvement project by holding the mandatory public hearing on November 5, 1996. ACTION RFAUIRED: If Council desires to implement the recommendation, they should pass a motion adopting Resolution No. 96- , RESOLUTION ACCEP'I�TG ENGINEER'S FEASIBILITY REFORT AND CALLING FOR A PUBLIC HEARING FOR STREET RECONSTRUCTION AND REHABILITATION IlVIPROVEMENTS TO SERVE TILSEN'S ffiGHLAND HEIGHTS, TIISEN'S ffiGHLAIVD HEIGHTS PLAT 2, AND TIISEN'S ffiGHLAND HEIGHTS PLAT 3(JOB NO. 9612, IlVIPROVIIVIENT NO. 96, PROJECT NO. 4). LEGEND f--►-- PROPOSED SrORM SEWF.'It PIPE o-}- F.7�Si1TiG ST�ORM SL�VER PIPE F�STII�IGBITIJ�1�i0IIS STREk.T 0 TILSEN'S HIGHLAND HEIGHTS STREET' C��l F�71'A.S'�II.TTY REI'URT � I ro$ No. ve � z • � n�xov�ama�x �to• 9�-a • . n�wri s�t: .rris . nax� 927/96 ' � � City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 96 - RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSID STREET RECONSTRUCTION AND REHABILITATION IlVIPROVIIVIII�TTS TO SERVE 7'HE AREA �+ � TO AS TII.SEN'S ffiGHLAND HEIGHTS INCLUDING PROPERTIES IN TILSEN'S ffiGHLAI�TD HEIGHTS, TILSEN'S ffiGHLAIVD HEIGHTS PLAT 2, AND TII,SEN'S ffiGHLAND HEIGHTS PLAT 3 (IlVIPROVIIVIENT NO. 96, PROJECT NO. 4) WHEREAS, the City Engineer has submitted his report to the City Council with respect to the proposed reconstzuction and rehabilitation of streets in Tilsen's Highland Heights, to-wit: The constniction of street improvements consisting of the acquisition of easements and the grading, stabilization, drainage and bituminous surfacing, construction of concrete curbs and gutters and storm pipes on the streets to be situated in the area hereinafter more particularly described. WHEREAS, the area proposed to be assessed for said improvements is situated withi.n the City of Mendota Heights in Dakota County, Minnesota, and is more particularly described as follows: Those parcels abutking Caren Court, Caren Road, Douglas Court, Douglas Road, 7ames Court, 7ames Road, Lilac Lane, and Vicki Lane. . ' WHEREAS, in said report said City Engineer reported that the proposed improvements and construction thereof were desirable, technically and economically feasible, and further reported on the proposed costs of said improvements. NOW THEREFORE, �IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That the report of said City Engineer be and is hereby received. 2. That a public hearing on said improvements be held on 7i�esday, November 5, 1996 at 8:30 o'clock P.M. or as soon as possible thereafter, at the Mendota Heights City Hall, 1101 Victoria Curve in the City of Mendota Heights. 3. That the City Clerk, with the aid and assistance of the City Attomey, be and is hereby authorized and directed to prepare a notice of said heari.ng and to cause said notice to be published and mailed to the owners of the properiy situated within� said area, all in accordance with applicable Minnesota. Statutes. Adopted by the City Council of the City of Mendota Heights this 15th day of October, 1996. CITY COUNCII., CTTY OF MENDOTA HIIGHTS : ATTEST: Kathleen M. Swanson City Clerk Chazles E. 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Q, � � .. • . . , . ' • . � . s.;i:',��;„'q",Rl'�•° . ' ` , . ' . .. . , , . , . . • . . . . i:` . _. ' ' � 11 oct Fri 7a. .�M � . Temp Ch�ek Nurnber �. Claims List City oi Mendota He�.g..�s Page .� 14 ii Oct ' . Claims List Fri 7:. t �.. � City of Mendata Heiy 7emp Check Number . 21 Page 4 . � t1 7 il Oet � • Clairns List ��9e � � Frf 7s. ,�+1 City of Mer�:,ta Heiy . . � Temp Check t�:umber 2� � � � � . . . �$' f �N.,z F f ` f . , • • , � ` • t , • �, , ` . . . ' .-, ._���...._,.-. __�.. / . =� 11 oct : Fri 7s 1 �9 � Temp Check Number 3� Claims Li.st � Eity o� me�,aata Heigt._., -. Page f� r ? . . . � •.,. • : . .. ' � ' . � ' • . , • . , f, . . . . . . • � , • ' • .. , . -_ ��..__ � � 11 Oct Fri 7s . ,h Temp Check Nurnner s9 claxms 4x5� City of 'Mendota l;eig. p�9e Z 0 � . • • - . . _._.._r......_—._._�,.�: _.____ ..__------_--__. _...._ tiI �1 11 Oct � Fri 7:. ,h Tr.«.. 1^4.......1. At.....F.e..�. �c Claims L�ist Gitiy af Mendata•Heig. � Page 8 k r ,. . � . . � . ' i '•� I1 Oct Fri 7s. ,M . H T...... f^F......f. Al..w.l�.�.V. Clztims Li.st City of Mendata lieig. Page 9 S7 � �i il oct Fri 7: .� Temp Check Number , 60 Claims List City of Mendat� Heiy • Page i0 : � 4 } � i l Oct Fr3 •?s .H ' Temp Check Number 67 Claims List City of Mendata Hei� . � Page ii } ' .� . _ - ' � i� 11 Oct Fri 7s. 1 Temp Check Number � Claims List City of Mendota Heig. Page 12 74 : . r-- i � LIST OF CONTR.ACTORS TO B}3 APPROVED BY CITY COIINCIL Sxcavatiag Contractor License Tom Melling Fxcavating Inc. General Coatractor License Fendler Construction Acme Awning Co.Site Works Design, Inc. Site Works Design Inc. � CITY OF MENDOTA HEIGHTS MEMO October 15, 1996 T0: Ma or, Ci Council and Ci Adrr1 n��tor Y tY tY FROM: Guy Kullander, Building Manager ��, SUBJECT: Fire Hall Roof Replacement ; . � ;� 1. As reported last month, the Fire Hall roof has been leaking and the warranty on the roof inembrane has expired. Temporary repairs have been made and only a good rain will tell how effective these temporary repairs are. Staff is in the process of preparing bid specifications for a replacement roof and is asking for Council approval to send out bid packets as soon as they are completed later this week. The bidding process would take approximately three to four weeks with the acceptance and award of bids to be requested of City Council at the November 19 meeting. Funding for the new roof would come from the Facilities Replacement Fund. The estimated cost for a new roof may range from $75,000 to 5100,000. ' • 1 : • : � If Council so desires to replace the Fire Hall roof, a motion should be passed authorizing staff to begin the bidding process upon the completion of the bid documents. GDK:kkb 1, ' . '!. n w � ? � � L�I � / � � � � �� � October 11, 1996 To: Mayor and City Cauncil From; Kevin Batchelder, City Adnu�i��tr�� Subject: Request for Fanding - Fire Department's 50 Year Celebration TIISCUSSION As City Couacil is aware, members af the Fire Deparbment and the Fire Auxiliary have been meeting for almost a year to plan far the department's SUth anniversary, which occurs in 1997. A steering committee, chaired by Caralyn Dreelan, Ken Weisenburger, Bret Blaeser and Arnie Siebel, had pmvided an outline of the events they had in mind earlier this sumrner in a Ju1y 1, 19961etter to the City. {See attached.) This item was also submitted with Chief Maczko's budget request for 199'7. At the Budget Workshop, held in August, the Couacil decided to offer their suppart to the Fire Deganment and to handle any funding through the Admini€stcative Contingency that is propased for the 1997 Budget. However, at the workshap, Couacil did not authorize a specific amaunt of funding other than their e�pression that they would like to support this endea.vor, a.nd that�it made most sense far the City to support the farmal award and recognition portion of the even�s, such as the Banquet. At that time, the Council desired to have more details presented for their consideration, In order for the steering committee to move forward with their planning, they have pravide:�l a follow-up request to the City Council. Members of the steering commit�tee will be present to discuss this request with the Council on "I�uesday evening. (Please see attached Qctober 8, i99b letter af request.} � The steering cammittee is pmposing rivo events ta cammemorate the department's 50 year anniversaiy. The two events are a public celebration.s�heduled for August 16,` 1997 and a Banquet and Dance scheduled far Segtember 27, 1996. The public celebration is pmposed to be held in conjunetion with the City's Annual Celebrate Mendota Heights Parks! event and many of the events they are pmposing would normally be part of this celebration. Caordination of these two events makes sense for both the Fire department and the Farks department, who coordxunate the summer celebration through the Recreation Programmer. 1�►pically, the Fire Department hosts their annual banquet in September/Octaber and they are pr+aposing that this banquet be the formal recagnition event for the 50 Year Anniversary acti:vities. � � � { � 6 Fundin� Request The steering committee is asking City Council for two approvals. First, they would like Council to support their efforts with City fuading of $5,000. 5econd, the Fire Department is asking for Council approval for a temporary beer license so that they may sell beer duri.ng the softball tournament that they are proposing to host. The funding request is to help defra.y costs associated with the banquet, the parade, the history book and advertising. As usual, the department is planning fund raising efforts to assist with the costs of their annual banquet and to date they have raised $6,000. They are estimating a total cost of $26,500 for all the activities they have outlined in their proposal. Some of these outlined costs would normally be covered by the park celebration efforts, such as children's events and live music. It should be noted that the Fire I3epartment is already heavily involved in the park celebration activities and provide most of the volunteer assistance for park celebration. In past years, the City Council has typically provided "seed money" to cover costs associated with the Park Celebration. This was not necessary in 1996 as there was a balance from the 1995 Celebration and donation efforts ia 1996 covered all the costs. The request for beer sales is being made to assist the Fire IIepartment in their fund raising efforts and City Council should decide if this activity will be permitted at Mendakota. Park on August 16, 1997 for ttie softball tournament. If the City Council is willing to allow the sale.of beer for this fund raising effort, they should consider what conditions are needed to regulate this activity. T'he letter of request addresses how the steering committee is proposing to control sales of beer. ACTION REOUIRED Meet with the steering committee and consider their request. If the City Council so desires, they should authorize funding from the Administrative Contingency in 1997 to help defray the costs .of the Banquet and celebration aetivities and authorize the City Clerk to issue a temporary on-sale liquor license, subject to all State and Ciry license requirements. �. . , .: October S, 1996 PiGTLATCH_PEDS M�yor Charles Mertensatto and Mernbers af the lViendota Heights City Council City Of Mendota Heights 1 IOI Victona Curve Mendota Hei�hts, Mn SS 118 Dear Mayor & City Cauncil Members: This is a fallaw-up tc� our letter addresscd to i{4;vin Bat�hcldcr d�ted �uly l, 1996 in reference to the Mendota Hcights Fire Department's SQth annivers�ry celebration. The celebration will include two separate event:�. :.a.y • .. . � .. , s� The Department is p[anning the following events contin�ent on adequate funding: 0 1. Parade 2. Softb�.ti Tournament 3. Children's ac�ivities (In lieu of annual M.H, park celebration) 4. Concessions S. i,ive music (in addition to children's activitie:�) 6. Fire Works {Iocal business tc� help fund} 7. Open House (Fire Station) &. Histary boo�cl�onsuttant Estimated Cost $3,Q00 n/a $2,QQ0l3,04Q nla $2,000 . $14,000 $1,000 ��- �,�ao -. -��,- .. � - !-..r ��-� .- .�� .. � - l. Banquet & Dance $4,Ofl0 Totat Estimated Cost 526,50a For the past few year� the Fire T)epartrnent c�nd .t�t�ilt�ry havc rais�d funds to defray the cc�st of our celebratian, and we will continue to ktold events %�r th�t gurpose. To date w� havc approximately $6,OOQ. On behali nf the steering committcc, we are requesting the fallowing support fram the City c�f Mendota Heights: . r '96-10-08 16:12 POTLATCH_PEDS �— . ��8�� 1. Temporary on-sale liquor license {similar to that �iv�n to the St. PeteC's Par�sh Fatt Festival) in conjunction with the ball tournament and park activities. (12;00 - 9:00) on August 16, 1997. a. The sale of beer wi�l he]p eliminate caolers of beer brought in, consequentiy giving us more control. b. Will card all individuals buying beer, c. Will have control over cansumption. d. Will anly be selling beer at ane site. Statistics indicate that a substanzial amount of nioney can bt raised thru tournament and %stivat beer sales. it is not our intent to have a policc oi�icer present, However, if it is necessary to do s4, we will comgly, 2, Funding up to $5,{}00 from the City. Thank yau ft�r your cc�nsideration in this matter. Sincerely Co-Chairs T�en V�eisenburger, Bret Btaeser, Mendota Hciu�hts Firemen Carolyn Dreelan, Mendota Heights Fire Auxilla�y Arnie Siebei, Mendota Heights Retiree 1 July 1, 1996 Mr. Kevin Batchelder City Adrninistrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, Mn 55118 Deaz Kevin: JUL � 1 1996 .� o , „ -..�, M �., u �� The Fire Department will celebrate 50 years of service in 1997. For the past several months, work committees have been planning a celebration event. A lot of time and effort has already been invested in our celebratian, and we realize we have a lat of work ahead of us. We are seeking the support of the Mayor, the City Councii and staff from all city departments. On behalf of the Fire Department's SOth A�nniversary Committee, this letter will explain aur ceiebration plans and act as a formal request far city support. Our SOth� anniversary celebration event will be held Saturday, August 16, 1997. The event will include: �ti� ; Static equipment display (Marc Connolly, Chair) - Display of apparatus from fire departments #hroughout the state. I�catia.n: Fire statian parking Iot City �.p��. Raad barriers far use to block off area. ��.iyi�y�. Softball tournaznent (Ed Adrian, Ken Weisenburger, Ca-chair) - This wi11 be an invitational taurnament of fire department softball teazns. Lacatio.t,:. Mendakata Park ball fields City �n�art: Graorning fields, satellites. A����. Children's activities similar to the annual parks celebation {Chris - City Sta�} Lr�cation: 1Vlendakota Park Ci�:y ��port: Organize and run these activities. (Tents, manpower, entertainment, and all other tasks mvolved to make this part of ths event successful. Fire personnel will be available to help with set-up and take-down) � • � �� . I ctivitv: Fire Station Open House (Paul Dreelan, Sue Adrian, John Maczko, Co-Chair) Display of fire department history and memorbilia. Location: Fire Station (We have made arrangements for fire personnel to park elsewhere) City ; Sunnort: No City support needed. � i Act� Concessions (Ted Husnik, Chair) - Hotdogs, hamburgers, pop, beer & other miscellaneous food items. � I Location: Mendakota Park and Fire Station City ' Sunnort: Pernussion to sell beer for ba11 tournament at Mendakota Park. Our SOth committee will cover the cost of liability insurance. Statistics indicate a sub- stantial amount of money can be raised through tournament beer sales. It is hoped we can use this method of raising funds to cover the cost of our events. Miscellaneous City support we would like: An address list of all businesses located in our service area and all business owners who live in our service area. We would like to approach this audience to purchase advertising in our history book. This revenue would be used to defray the cost of publication. Publicity of our celebration event in Heights Highlites Confirmation that our event will be covered under the City's standard liability insurance coverage. ( with the exception of liability coverate relatedto the sale of beer). . Per our previous converations, the Fire Department would like the �ity to under- write the cost of a SOth anniversary banquet and dance. The Fire Department is willing to select the date and make a11 arrangements for this banquet/dance. We are anxious to proceed with plans for our SOth anniversary celebration and would appreciate a response to this request at your earliest convenience. �,i�ncerel �lL��I. ~�-�.J�C1�'",-�.�'y 'l arol Dree an Randy McNamara Co-Chair Co-Chair � M. i 1 i i •:1 : October 4, 1996 TO: Mayor, City Council and City Adnr�i�is�tr�or FROM: Paul M. Kaiser, Fixe Marshal SUBJECT: Sth Annual Fire Awards DISCUSSION: The Fire Safety Awards Pragram mcognizes those firms which consisiently and conscientiously emphasize the importance of fire safery in the ovorkplace. The following firms are to receive an adhesive-backed emblem denoting the year 1996 for this ac�omplishment to add to a previous plaque: A.R.R.T. Applied Coating Technology Assacitated Bureaus Batesville Casket Company Center for Diagnostic Imaging Courtyazd by Mazriott L�colab � : L.C.S. Metal Stampiung Mendota Heights Animal Hospital Mendota Heights Cycling and Fitness i�tinnesota Knitting �tiills Snyder Dnug Store Solvay Animal Health Somerset 19 Condo Association Somerset Country Club Speciality Equipment St. Paul United Methodist Church St. Peters Church Tempco Manufacturing New Plaques will be presented to the following firms to acknowledge their work in creating a fire safe atmosphere: sig wheeURossi Mendakota Country Club Metro II ACTiON REQ,UIRF.,D: Present the emblems and plaques to the fir�ms showing their cantinued commitment to fire safety. 1 I 1 1 � :I : I� 1 Octaber 11, 1996 :t TO: Mayor, City Council and City Ad s„ r FROM: Marc Mogan, Civil Engineer f''�SM SIJBJECT: Bunker Hills Street Reconstruction Cantinued Public Hearing Upciate DISCUSSIUN: Cauncil continued the September 1'i, 1996 public hearing for the pmposed impravement pmject until Gctober �5, 1996 to pmvide the pmperty owners more time to consider the infarmation presented, or have any questians answered they might have relative ta the project. After listening to same of the comments made by thase at�tending the public hearing, it beca�ue evident that the neighborhood wanted more informatian about how the pmposed project compares with ather possible impmvement options. Staff was directed to prepare a brief informatianal packet describing highlights of each option, and other key items of interest to the residents. Staff` developed a fact sheet comparing four possible improvement optians enumerating the significant elements of each available aption (see attached}. �:�is u�£ormational packet included a questionnaire that the pmperiy owner(s) were instructed to sign in the appmpriate space to indicate their preference far one of the four options, and mail their respanse back to City F��11 in the enclosed self addressed envelope no later than Octaber 11,� 1996. The infarmation packet was. finatized and mailed on September 21, 1996 to the 74 pragerty owners in the Bunker �[ills neighborhood. I hosted an informal neighbarhoad open house for the Banker Hills residents on �ctober 8, 1996 at the City �3[all council chanibers between 4:30 and 8:00 PM to answer any questions they might have on. any praject related subject. Ten property owners attended the apen hause, and asked questians on a number of issues. R�iany residents we talked to at the open house, or by ielephone, were nat oppased to the construction of concrete Curb and gutter, but they were oppcysed to construction of a 33 faot wide City Standard Street sectian if it meant removing trees, or would otherwise adversely impact public right of way, or private property. � The majority of those people who have signed and retumed the questiannaire are in favor of Option 1(see attached resgonse summary), which is the total street construction option including construction of storm sewer., and concrete curb and gutter.' I will attend the upcoming Council meeting to answer questions, and present updated informatian if it becomes available. RECOMMENDATION• Council should consider all written or verbal input expressed at the continued public hearing, as well as the results of the neighborhood questionnaire. If Council is convinced that the proposed improvement project has merit after consideration of all information presented, I recommend that Council accept the feasibility report, order the improvement, and authorize preparation of plans and specifications for a total reconstruction project including concrete curb and gutter, and storm sewer. ACTION RFAUIRED: Council should conduct the continued public hearing, at which time I will be prepared to answer any questions which may arise concerning the proposed improvement project. If Council desires to implement the recommendation, they should pass a motion adopting Resolution No. 96- , RESOLUTION ACCEPTING ENGINEER'S FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING FOR STREET RECONSTRUCTION AND REHABII,ITA1'ION IMPROVIIVV�ENNTS TO SERVE THE AREA RF.FF.RRF.n TO AS BUNKER HII.LS INCLUDING PROPERTIES IN RIDGEWOOD PARK, SOMERSET HII.LS, SOMERSET HII.LS NO. 2, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES (JOB NO. 9514, IlVIPRO`'IIV�NT NO. 96, PROJECT NO. 3). MSM � i�y o� .,,,.,, 1��.endo�a H�i�hts September 27, 1996 Subject: Bunker Hills Street Recanstruction Imgmvement Qpti.on Fact Sheet & Questionnaare 7ob No. 9514, Improvement No. 96, Pmject No. 3 Dear Resident: A feasibility rPport was prepared and presented at a public hearing on September 17, 1996 at City �3Eall. Council contiEnued the September 1?, 1996 public hearing for the propased improvement pmject to pmvide the property owners mare time to consider the information presented, or have questions answered prior to the October 15, 1996 Cauncil meeting which is when this project will again be considered. After listening to some of the comments made by those attending the public hearing, it became evident that the neighborhaad wanted mare information about how the proposed pmject compares with other possible improvement optians. Council directed staff ta prepaze a brief iufornnational packet describing highlights of each option, and a r�;spanse farm that the residents would be asked to fi11 out and return to the City to deternnine which sireet impmvement oprian is prefearned by the residents. We develaped a fact sheet comparing faur possible impmvement options enumerating the significant elements of each option, (see attached} and requested that the properLy owners(s) indicate their prefen�ed option by signing their names(s) in the appmpriate space on the enclosed questiannaire to determiae the residents level of interest far each option. We ask that you retum the enclos�d qaestionnaire form to the City no later than Friday, 4etober 11, Z996 so that this information can be compiled and presented to Council at the October 15, 1996 Council meeting. If you so desire, you may direct questions or comments relative to this information to me, or 3im Danielson, in writing, by telephone {452-1850), or in person at an informal neighborhaad meeting which we have scheduled for 7�esday, Octcaber $, 1996 between the hours of 4:3Q and 7:00 P.M. at City H[a11. Sincerely, "'��'�it�c.'G '�'j. '�i??�"��r�t'y`,,.� I4�a.ic S. Mogan, P.E. Civil Engineer ��� Enclosure 1101 Victoria Curve • 1Viendota Heights, 1V�.lY • 55118 �52-1850 BUNKER HILLS IMPROVEMENT OPTION FACT SHEET Existing streets as constructed include: A. 21 to 30 foot wide blacktop surface. B. 2" thick blacktop surface. C 6" thick aggregate base. Option 1. Total Street Reconstruction Project Improvements include: A. 30 foot wide blacktop surface2. B. 26" wide B618 concrete curb and gutter section, each side. C. 3.5" thick blacktop surface (new). D. 6" thick aggregate base (reconditioned). E. Storm sewer where appropriate. F. Subgrade cornection where necessary. G. Relocation of mailboxes, affected landscaping features and sprinkler systems. H. Driveway replacement to the extent disturbed (Additional driveway work could be done at additional cost to the property owner). I. Boulevazd sod to the extent disturbed. 7. 20 to 25 year expected service life. Option 1 Project Funding is as follows: K. Total Project Cost -$9,700 per lot .� L. Property Owner's Cost -$4,850 per lot with up to 19 years to repay with interest. Option 2. Limited Street Reconstruction Project Improvements include: A. 30 foot wide blacktop surface2. B. 3.5" thick blacktop surface (new). C. 6" thick aggregate base (reconditioned). D. Subgrade correction where necessary. B. 15 to 20 year expected service life. Option 2 Project Funding is as follows: F. Total Project Cost -$4,000 per lot (estimated). G. Property Owner's Cost -$4,000 per lot (estimated) with up to 10 years to repay with interest. 2Where trees, steep slopes, etc. make construction of a 33' wide street impractical, the street would be constructed 25' wide gutter to gutter, of which 22 feet is blacktop, and on-street parking would be prohibited to one side, at a minimum. Valley Curve would be reconshucted as an 8' wide bituminous path as opposed to a street, and no improvements would be done to the gravel alley. � Option 3. Bituminous Overlay Project Improvements include: A. The width of all streets would remain as they currently exist. B. Add a 1.5" to 2" average thiclrness layer of blacktop over the existing blacktop surface except along the edge which would be milled off prior to paving so as not to raise the street edge elevation and further impede lot drainage. C. Up to a 10 year expected service life. Option 3 Project Funding is as follows: D. Total Project Cost -$2,700 per lot (estimated). E. Property Owner's Cost -$2,700 per lot (estimated) with up to 10 years to repay with interest. Option 4. No Improvement Project Improvements include: A. No new construction. B. Current standard of maintenance of-streets C. P.xisting streets are beyond their expected service life. Option 4 Project Fundi.ng is as follows: D. None ASSESSMENT METHOD A. All properiy owners use the streets equally, and therefore current Council policy is to assess each pmperly on a per lot basis regardless of size, frontage, or corner lot considerations. The properiy Owners with driveway access by means of the gravel alley would be assessed, in accordance with State Statutes, a full per lot storm sewer assessment only. Any vacant lots which meet the current minimum lot size requirements would be assessed on a per lot basis as well, but could defer that � assessment under the vacant property provision of the Street Rehabilitation and Reconstruction Policy. � PAYMENT OPTIONS A. Pay entire assessment within 30 days of adoption with no interest. B. Include the assessment with your taxes at 7� simple interest over a 19 year period for Option 1, or 10 years for Options 2 and 3, which all include the option to pay off the remaining balance at any time within the given assessment period (Consult your tax preparer to determine tax deductibility). C. Situations of Discretionary Defemal: 1. Senior citizen/low income deferral. At its discretion the City may defer assessments against any homestead pmperty owned by a person 65 years of age or older or retired by virtue of a permanent and total disability and for whom it would be a hardship to make the assessment payments. The standards and guidelines governing what consdtutes hardship are established by City ordinance or resolution. Additionally, the City may grant a deferral ia situations where its hardships standards and guidelines have not been met if exceptional and unusual circumstances exist and no preference or discriminatory treatment will occur. This deferral is subject to the provisions of Minnesota Statutes 435.193. 2. Unimproved property deferral. The City may also defer the assessments of improvements with respect to property which is not directly and immediately affected by the improvement for which the assessment is levied. If applicable, at such times as extensions or connections regarding the impmvement directly benefit such unimproved property, the City may require payment of the deferred assessments as well as those relating to the connection or extension. This deferral is subject to the provisions of Minnesota. Statutes 429.051. Any such deferral. shall be subject to such other terms and conditions including accrual of interest, and shall be subject to termination, all as determined by City Council. I/We BUNI�TR HILLS IlVIPROVIIVIENT PROJECT QUESTIONNAIRE (Print Owners Names) live at 1996 referred to as the Bunker Hills neighborhood. UWe understand that there is currently a proposal before the Mendota Heights City Council to reconstruct the streets in this neighborhood. Depending on the project, some, or all the costs of these improvements would be assessed back to the property owner. I/We also understand that there are really four available options of varying cost, complexity, and expected longevity which could be implemented to deal with the street conditions in the Bunker Hills neighborhood. After consideration of all the d.ifferent options available in this matter, I/We indicate my/our non-binding preference for one of the four options with my/our signature in the space provided. Note: On the back of this form is space for you to write any additional comments which you want known on any aspect of any proposed project, or under what conditions if any your preference below is predicated. Please return completed form to the City no later than October 11, 1996. 1. Total reconstruction option: Includes concrete curb aad gutter constructed 33 feet wide gutter to gutterl, of which 30 feet is blacktop, and storm sewer where appropriate at a total cost of $9,700 per lot, of which $4,850 per lot would be assessed agai.nst the properiy owner. (Owner's Signature) (Owner's Signature) 'L. Limited reconstruction option: Pssentially Option No. 1 without concrete curb and gutter and storm sewer at aa estimated total cost of $4,000 per lot, all costs for this option will be fully assessed against the properly owner. � (Owner's Signature) (Owner's Signature) 3. Bituminous overlay option: The addition of a 1.5" to 2" layer of blacktop over the existing surface at an estimated total cost of $2,700 per lot, all costs for this option will be fully assessed against the property owner. (Owner's Signature) (Owner's Signature) 4. No construction option: No improvement project would be initiated, and therefore the existing street condition in the neighborhood would remain for the foreseeable future. (Owner's 5ignature) (Owner's Signature) 1Where trees, steep slopes, etc. make conshuction of a 33' wide street impractical, the street would be constructed 25' wide gutter to gutter (22 feet is blacktop), with parking restricted to one side only. COMN�NTS Street r.�nabilitation Response Summary Bunker Hills Neighborhood City of Mendota Heights Marc S. Mogan, P.E. 10/11/96 C� - Property Owner Date Total Limited Bit. No No � � or � Response Property Address Reconst. Reconst. Overlay Reconst. Option Resident Recieved �. 0 tion 1 0 tion 2 O tion 3 0 tion 4 Chosen 1 Anderson, AIIan & Carol 10/02/96 765 Willow Lane X 2 ' Bo um, Dave & Mar aret (c) 10/03/96 1940 Wachtler Avenue X 3 Coulter, Ron (c) 10/04/96 828 Hillto Road � X 4 Crecelius, Samual 10/04/96 1806 Valle Curve X 5 dela Rosa, Francisco & Bernadette 10/03/96 748 Hillto Road X 6 Duddleston, Dave & Jan (c) 10/02/96 785 Hillto Court X 7 Fo elson, David & Mar aret 10/01 /96 1800 Valle Curve X 8 Gatti, Richard & Jane (c) 10/11 /96 747 Willow Lane X 9 Gelderman, John & Ma 10/01 /96 1812 Valle Curve X 10 Gerfast, Sten & Alice 10/08/96 1802 Valle Curve X 11 Green, Michael & Ma (c) 10/04/96 1821 Valle Curve X 12 Guiton, Susan (c) 10/07/96 822 Rid e Place X 13 � Haffel ,.Alex 10/09/96 1857 Dodd Road X 14 • Ha man, John �& Joan 10/04/96 816 Rid e Place X 15 • Hess, Tom &' Judith 10/01 /96 1814 Valle Curve X � 16 Jenni es, Gerard &� Leona (c) 10/02/96 800 Rid e Place X 17 Kettler, Tim & Nanc Wachtler-Kettler (c) 10/11 /96 1919 Wachtler Avenue X 18 Lindber , Clarence & Alice (c) 10/01 /96 1808 Valle Curve X 19 MacDonald, Chuck & Beth (c) 10/01 /96 816 Hillto Road X 20 Madden, William & Diedre (c) 10/08/96 825 Hillto Road X 21 Markes, Steven.& Terre (c) 10/10/96 745 Hillto Road X 22 Marren, Patrick & Patricia 10/01 /96 727 Willow Lane X 23 McQuillen, Patrick & Billie Ann (c) 10/07/96 1909 Wachtler Avenue X 24 Reko, AI & Moll 10/01 /96 809 Hillto Road X 25 Schuster, Jose h& Be (c) 10/04/96 1900 Wachtler Avenue X 26 Schmidt James & Brenda 10/10/96 780 Hillto Court X (c) Response Returned with Comments Page 1 Street Rehabilitation Response Summary Bunker Hills Neighborhood City of Mendota Heights Marc S. Mogan, P.E. 10/11 /96 Property Owner Date Total Limited Bit. No No ��� � or � Response Property Address � Reconst. Reconst. Overlay Reconst. Option Resident Recieved �� 0 tion 1 0 tion 2 0 tion 3 0 tion 4 Chosen 27 Stierlock, Richard & Ma (c) 10%11 /96 1822 Valle Curve X � 28 � Si veland, Linda (c) 10/01 /96 1804 Valle Curve X 29 Smith, James Randall & Diane 10/09/96 1812 Valle Curve X � 30 Smith, Micheal & Shelli (c) 10/02/96 1823 Valle Curve X 31 Stefani, Jose h& JoAnn 10/08/96 1820 Valle Curve X 32 Worth, Bernard & Jane 10/11 /96 1835 Valle Curve X 33 Zaban, Alan Mark & Robin Vinitsk (c) 10/07/96 1801 Valle Curve X 34 Ba less, Ben & Beverl 10/01 /96 821 Hillto Road X 35 Vocovich, Pat & Leane 10/01 /96 748 Willow Lane X 36 Wiessner, Robert & Prisicilla 10/08/96 824 Hillto Road X 37 Wild, Bettie 10/09/96 1819 Valle Curve X 38 Brandes, Nanc & James (c) 10/08/96 1882 Valle Curve X 39 Brown, Martin & Katherine 10/10/96 1894 Valle Curve X � 40 •� Burow, Jeannette 10/07�/96 790 Rid e Place X • 41 Ca�lfeld, Gerome & Kathleen 10/08/96 829 Hillto � Road X �• 42 Do le, John & Ma 10/01 /96 810 Rid e Place X 43 Ha strum, Vincent & Shirle 10/01 /96 789 Rid e Place X 44 Heane , Tom & Janus 10/09/96 1818 Valle Curve X 45 Klarkowski, Walter & Sandra 10/07/96 737 Willow Lane X 46 Klein, Frank & Joan (c) 10/07/96 1826 Valle Curve X 47 Larson, Sheldon & Bland, Patricia (c) 10/07/96 805 Hillto Road X 48 Minea, Gordon 10/08/96 772 Rid e Place X 49 Rabin, Annie 10/07/96 765 Rid e Place X 50 Sandler, John 10/11 /96 770 Hillto Road X 51 S an'ers, John & Marilou (c) 10/11 /96 1824 Valle Curve X 52 Vince Robert & Maureen c 10/01 /96 782 Hillto Road X (c) Response Returned with Comments Page 2 �treet��abilitation Response Summary Bunker Hills Neighborhood City af Mendota Heights Marc S. Magan, P.E. 10l11196 OPTIQIU TOTALS RETURNED = 33 PERCENTAGE OF RESPONSES RETURNED = 55.9% TOTAL NUMBER OF RESPONSES RETURNED = 59 TOTAL tVUMBER QF PROPERTIES Pt�LlED = ?4 POLLED PROPERTIES RETURNED PERCENTAGE = 79.7°i6 4 1 ?.5 3.5 1 6.8% 29.7% 5.9% 1.7% a {�} Response Returned with Comments Page 3 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 96 - RESOLUTION ACCEPTING ENGINEER'S REPORT, ORDERING IlVIPROVEMF�IT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE T$� AREA RF,FF,RRF.n TO AS BUNKER HII.LS INCLUDING PROPERTIES IN RIDGEWOOD PARB, SOMERSET HILLS, SOMERSET HILLS NO. 2, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES (JOB NO. 9514, IlVIPROVEMENT NO. 96, PROJECT NO. 3) WHEREAS, a public hearing was held on the 17th day of September, 1996, at 8:45 o'clock P.M, or as soon as possible thereafter, and continued to the October 15, 1996 City Council meeting, in the City Hall of the City of Mendota Iieights, Minnesota pursuant to resolution duly adopted by the City Council of the City of Mendota Heights on the question of the proposed construction of the following described impmvements: The construction of street improvements consisting of the acquisition of easements and the grading, stabilization, drainage aad bituminous surfacing, consttuction of concrete curbs and gutters and storm pipes on the streets to be situated in the area hereinafter more particularly described. � � WHEREAS, due publication of the notice of public hearing on said proposed construction has been attended to; ancl WHEREAS, mailed notice of said hearing has been mailed more than 10 days before the date of said hearing to the owners of each parcel situated within the area pmposed to be assessed, all in accordance with the applicable Minnesota Statutes, and' � W�REAS, the City.Engineer reported that the proposed improvement and construction thereof were economically feasible, desirable and fiurther reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the area proposed to be assessed for said improvements is situated withia the City of Mendota. Heights �n Dakota County, Minnesota and is �more particularly described as follows: Those parcels abutting Arvin Drive, Hilltop Court, Hilltop Road, Ridge Place, Wachtler Avenue, Willow Lane, Valley Curve, and the gravel alley between Willow Lane and Hilltop Road west of Dodd Road. WHEREAS, the City Council then proceeded to hear all persons interested in said improvement and all persons were afforded an opporlunity to present their views and objections to the making of said improvements. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota as follows: 1. That the feasibility report for the above described improvements is hereby accepted. 2. That it is advisable, economically feasible, expedient, and necessary that the City of Mendota. Heights construct the above described unprovements, and it is hereby ordered that said improvement be made. 3. That the City Engineer be and he is hereby authorized and directed to prepare plans and specifications for said improvement. 4. That said impmvement shall hereafter be known and designated as Improvement No. 96, Project No. 3. Adopted by the City Council of the Ciry of Mendota Heights this 15th day of October, 1996. CITY COUNCII. CITY OF MENDOTA HIIGHTS I� ATTEST: Kathleen M. Swanson City Clerk Charles E. Mertensotto, Mayor • � • 1' � • • 1�I I'rl • October 9, 1996 TO: Mayor, City Council and City A ' tor FROM: James E. Danielson, Public Warks Direc SUSJECT: Stroh CAO Extensian Request CAO 9S-OS DISCUSSIQN• Critical Axra Site Plan (CAO} approvals expire after one year if not acted upon. Mr. Bernie Stroh's CAO 9S-OS was approved by City Councii on November 21, 1995, he has yet to begin cvnstiuction , and therefare his germit will e�ire on Navember 21, 1996. Mr. Strah has requested a permit extension that was considered by Council at their September 13, 1996 meeting {see attached), At that meeting Couneii requested that Mr. Strah personally attend an upcoming meeting to allow Council the oppartunity to discuss his request with him. He has agceed #o attend this meeting. ACTI4N R�Q.tTI[REID: Review Mr. Staroh's request for a CA4 e�ension with him and deter�xi.ne whether or not to grant him his request. ! M` ! • � !�! � August 27, i996 T4: Mayar, City Council and City Adm�tor FROM: James E. Danielsan, Public Works Directa SUB7ECT: Stmh CAO F..xtension Request CAQ 95-05 La,st November Council completed a Critical Area site plan r�view and approved a variance allowing Mr. Bernie Stroh to conshvct a single family hame at 112$ Sibley Memarial Highway. Mr, Stroh has been urnable to complete the work this year and has requested an e�rtension (letter attached). : !�� �►�� ��I �; M! �, I recommend that Mr. Strah be granted a ane year extension to his CAO review and variance, as requested. : M ! � t .i ai: �li If Council desires ta implement the recommendation they shou2d pass a motian granting the extension, The new e�iration date will be November 7, 1997. `�p� �j ��.tVC,,,� 3' r U,,� V( �%i Cx'/�L'11 (_' Cr i � 8e�nle Stroh� P.E. � At�us t 14, I996 Cansutting $tructu�ai Enginsers 61?l3�41-9372 • 61?1339-4783 Fax R � . a ' �TRQHENGtNEERING 607 Washington Avenue S. �uite 202 Atia: Kia� {Citp oi liesidota Iiei�hts� Minneapotis, Minnesota 55415 From: Bernie Stroh, P.fi. Re: CAQ 95-OS Critical At'ea Site Plaa Review , Criticat ,4rea Height Yariaace Me�ma: Kita, .». I a,m the a�er af i ioi in it�dota Hei�ts and �s granted appro�►sl of q buildist� plans at the city co►mcil meeting last Nov, ?, 1945 �or � sinale iataily residence. {see attaahed �ema}. � h�ve tentatively delaped this project for this pear atid have aat qet spplied fot a buildind apptoval. I do rwt recall ae�ting a�vrittea aotilicatioa ot" this approoal. I would appreoiate it if You wQnld c#zeck yaur reaords and see if . osie was aailed to me. Also, is there aa expiratio,a date for this � varisaaeJstpprove2. Thaaics. 0 0 0 � ,. � ctr�r of ME�toosa yE�Gt�1rs . MEMO November 1 ?, 't 995 . TO: Mnyor, CitY Cauncil and City Admini FR(JM: � Jam�ea E. �anielsfla, Public Works Dir o SU6JECT: CAO 86-a6: Stroh - Ct#�c�l Area Si�re Plan Revtew Cridcal Area Neipht Va�iance ��r�i'�!� .. � �- � . At tfie Navember 7, '! 995 maeting, th� City Council a roved a pianning ��-. application by M�r. 8ernte Stroh, of 1128 Sibtey M�moria! tg�to �1tow ` construc�tort of s s{npie f�amlly home in the Criticar Area t�rtay Dist�ct. Speciflcatty. Cottnc� approved a CAO Site Ptan nnd a CAGI Height V�rian�e to.._. �''� ailow a th�^eo �ory home. , __.,�----�' , lished a number of findings to support th� approva! of �e height varianc� and a number of conditions were placed on the approvat. 'The Counctl direc�tod tha City Attomey to draft a resoiution that wouid be in recordable form !`or Counci�t review on the consent calenda�. The re�aon the Counci[ w�nted ti�e resolution recorded against the propecty wes �o put futun property owners on notice thai the va�iance granted would sutomaticaatty t�crninate if either the foundation #ootprint o� height of the structure . woutd incre�se. Ptease see atta�hed draft resolution. ���- = *!1 * ► ;��� 1 :��� . - r Revisw �ths proposed resotution. !f Ctty Councit desires to adopt the resotution. thsy shazdd pass a moticn adopting Resotu�on No. 95-,,,,_, R�S�IUTtON� APPROVING A VARIANCE A�.l4WiNG C4NSTRUCTlQN �F A THREE STQRY SIt1tGlE FAMILY RESIDENCE IN TiiE CRCiiCAL AREA �VER�AY DtSTRlCT". -� ' • . JED:kkb City of Mendota Heights Dakota County, Minnesota RF40LUTION NO. 95- 61 RESOLUTION APPROVIl�TG A VARIANCE ALLOWING CONSTRUCTION OF A THREE STORY SINGLE FANlILY RESIDENCE IN T� CRITICAL AREA OVERLAY DISTRICT WHEREAS, Bernard T. Stroh (the "Applicant") has applied to the City of Mendota Iieights (the "City") for a variance relating to the construction of a single family home within the Critical Area Overlay District at that certain property located at 1128 Sibley Memorial Highway and legally described as the West 35 feet of Lot 10 and the East 25 feet of Lot 11, Beaudette Addition, and the vacated "O" street adjacent, Dakota County, Minnesota (the "Site"); WHEREAS, the City Council deems that the Site is unique and creates a practical difficulty for single family residential construction because of its sloping and wooded nature; WHEREAS, the City Council deems that the impact on the sloping and wooded nature of the Site is minimized and the wooded character of the corridor is preserved by stepping the proposed single family residence up the hillside on the Site, in accordance with the Applicant's site plan (the "Site Plan"), thereby reducing the amount of tree removal and grading; WHEREAS, the City Council deems that the Site Plan also minimi7,es any negative impacts on the natural surroundings and will not impact the view or sight lines of neighboring properties; WHEREAS, the City Council deems that the proposed single family residence described in the Site Plan will not detrimentally affect the surrounding property values or the rights of other neighhoring home owners; WHEREAS, the City Council deems that the granting of the conditions contained herein are consistent with the management policies of the Critical Area Overlay District as contained in the Critical Area Overlay District Ordinance; and �� WHEREAS, the City Council deems that there is a public benefit in preserving the majority of the Site by allowing the design of the proposed single family residence to exceed the height . requirements of the Critical Area Overlay District Ordinance in accordance with the Site Plan. � � NOW, THEREFORE, be it hereby resolved that the City Council of the City of Mendota Heights hereby grants the following height variance from the Critical Area Overlay District Ordinance, subject to the following conditions: 1. Variance. A one-story height variance for the Site allowing a three-story single family residence, in accordance with the Site Plan, instead of the requirad two-story limit for single family residences. � 2» �ode Enforcernent Ufficer Review and ApprovaL The following rnatters shall he subrnitted to the Code Enforcement 4fficer of the City and must be approved by the Code Enforcement C?fficer, in his sole discretion: a. a soil boring, grading and erasion control plan for the Site; b, a drainage plan showing the drainage under the driveway at the Site; and c. a plant restoration plan far the Site. 3. Snow Fence. The Sifie P2an must be supplemented to provide a plan for the installatic�n of a snow fence to protect elcisting trees at the Site and sach plan must be acceptable to the Cade Enforcement Officer, in his sole ciiscretian. 4. Faundation Size and Height af Si�le FamiIy Residence at ihe Site, The variance granted herein shall automatically terminate and be of no further force and effect in the event that either #he foundation footprint of the single family residence or the keight of the single �unily residence is increased from the foundation footprint and height garamet+ers set forth in the Site Plan currentty on file with the �ode Enfo�ement t?fficer. Adopted by the Mendota Heights City Councii this � 1 day of November, 1995. ! � i 1 ii • .i : ` By �'� �- �'%�-�.�".� Charles E, Mertensotta, Mayor ATTF.ST: �,��" d� sc„�:.u.4 .uL�"�'"' een M. Swanson, City Clerk This instrument was draft,eci by: WINTFIl20P & WEIlrTST'INE, P.A. 3200 Minnesota World Trade Center 30 East Seventh Street St. Paul, �+Zirm.esata 55101 sre:issrsai � � CITY OF MENDOTA HEIGHTS � October 9, 1996 � TO: Mayor, City Cauncil, and City Ad ' s 7 r FROM: Patrick C. Hollister, Administrative Intern SUBJECT: Building Fernut for Manna Freight Discussion Mr. Giesen, representing Manna Freight, attended the June 4, 1996 meeting of the City Cauncil to discuss their plans for a warehouse on Enterprise Drive im�nediately east of BDS. � � The Council voted to grant a Foundation Fermit and Concept Approval for the size, iocation, and shape of the building presented in the applicatiorr, subjeci ta the foliowing. I. The submission af an impraved landscape plan 2. The submissian of an improved building design featuring mare architectural detaii on the office portian of the building The Cauncil also found that the external ladder accessing the roof of the warehouse was unsightly fram the street. The Council requested that tha applicant find an alternative anangement to access the warehouse roof. (Staff has since deternuned that although code requiras such a tadder, it does nat have to be an the autside of the buitding.) Mr. Giesen has since submitted the attached materials to address the Caunci�'s concerns. Mr. George I. Burkards of United Praperties has requested that the City make their approval of this development subject to all the conditions United Properties has stipulated in their attached August 21, 1996 letter signed by representatives of bath United Properties and Manna Freight. A# the request of United Properties, Manna Freight has moved their sign from the side af the building and naw proposes a monument sign set back 2p' from the property line. This sign arrangement conforms to United Properties sign policy. VVhila the City's Zoning Ordinan.ce requires a 40' setback in the industrial zone, the 20' setback variance in similar cases has been routine and the Council may wish to either grant a sign variance outright ar pastpone approval of the sign to a later date to a11ow for Planning Comrnission review. �t � � Staff also wishes to note that the proposed north access road which was only 3 feet above the water main has been moved to avoid any conflict with the main. (The road should be at least 7'/z feet above the water main if they axe to intersect, in order to avoid problems with freezing.) Staffhad advised Giesen Construction to correct this problem on their site plan, which they have done. Recommendation Staff recommends that the Council authorize the issuance of a building pernut for the proposal as presented, subject to compliance with all applicable City building, fire, and noise attenuation code requirements and subject to all the conditions United Properties has stipulated in their attached August 21, 19961etter signed by representatives of both United Properties and Manna Freight. Council Action Required If the Council desires to approve the application, the Council should deternune a course of action on the 20' setback variance for the building ID sign and then pass a motion authorizing the issuance of a building pernut subject to compliance with all applicable City building, fire, and noise attenuation code requirements and subject to all the conditions United Properties has stipulated in their attached August 21, 1996 letter signed by representatives of both United Properties and Manna Freight. �� t y:`'. � v • � „� � ,� • � � tr ` — ; -.u. . .. . . . , r ,. s� ; ,7y i�.+. y� Y j C•ih� j � f;' ; .y �# .�-r +�r� �(Ta #�-{� -. � ' y f � + yi h y �! {�.. • � „�+ i! :+...:iti.�.4.,,! # 'r0 �t 4., �� `'x �._�•�. F�� :F ? 'a ./ .T �.'�`a.i�.l. +i r, A.1�V '�! 1Q - i !L'�i.'� s#�+�`n'r� I `��Ti�'s u►<� t�1t� st`r ��.r Lai... ,.�•_`�^,L�•. i'�i �..� i 't �3 ;1 `'�' y�'l� �'1 � � t � .`' 1 � �:.IC�'3$'••'I�i1Gy �rrs�ii .r?:1,,�:�� �'�'��3�iY: ��'� �� ���-���'� " ��`� �� e �.:�� � : �°• ;'r: 'i� --------------- -�-----�----- �.. �.. r� .�cua nk) 1o/as/g� ���_��z _ r. .� - ._j...,. ... ... r _ �_--- — ._ _._�...a_w ... , ....r ��. ,. , .... , ... . .. ,,,.,,�,.;;. � .. .;....,`: �,. . ,„. �t �i:i�.. .,..,. .« e' AT72'A1Tt0.`: t,.,; . .. �_.. ' " i� . ... ,,. �...,,- . . , � � . . •.. <. - .:.. • r a .. . r. � ,{ , . ,.., ...,.�,..: ,,:��..:,,.,� ..a,..s.�, . .. : , ' •`'1" � . .� �v ,� , . .z,.'?' . ., "..:...-.. ,+r'.w:...,., :: ,z.. '"� Patrick PATRICK C. HOLLTSTER City of Mendota Hei.g:�ts 1101 Victoria Cuxve . . , . Mend.ata Heights, MN 55116 GEN7 L�R"EN: WE ARE SENE�ii�G Y�J�J C? �hap dra�•ri�sg� !'.� �cpy +�i 12���r O : �ttaci+�i t'l Ptin€s Manna Frei�ht Systetris, Inc. En�erprise Drive Mendota Heights, MN i__�....�.._..___ .. .. ......._..__....�.___._ ---� ------ ----- �. �_.._._...._...._.,__ _._._ �..______.. ::� r�y'.rx���:,�„��R� :� :;a��er:�i�7;t.1;ei! n .- � s ; «��zs Cs .ar:�:�;; + : n�:f:�unns [U 43;3�;,y (;;1:5 i.) --- --..+.____ _. I5 Le�ter af Intent 15 Lett�r from United Praperties 15 Grading and Utility Plan 15 SitejElevation (Iandscape included}� ----; �—�---- _--� - - _ . T ! Tt#ESG ARE'FnAi�lSMiTiEl3 as ch:sck� tze�cl�: Cl Fc+r A.ppro;�ai �:.� F'r:r 'fi �ur t1-se XY.': A.� Ra,�uF:stau U A�Nr�var� as tJu�ad u►�:�r Ys�! i� �lfe;, C] Fui �r'vur I:i�orm ,t's�:� C l,�ake Correc:#iuns Nated f� F3c L'-xcepti�n Tdkon O�:evi.�,rli CI itPiNM�Tii�{ � [..l Fc: :�eview 3� C;c;€��►�r�t C] Fo� �ta•,+iew & f!!:tiv:+ � iJ'F?�3� gEMARKS. Patrick, please finc� enclosed 15 sets of plans/letters you reauested_ for the October I5 Agenda. Please call if you need anything. Thanks. Marie COPY �{} _.� ._... _. _.. �lt;PdL'0:......______. ._._ .__ __...._._ ........___._�:.._ ' X � G�SEN ��NSZ:'R.�:J{�Z'I�T�T �.I��T�. . � ' {fi12) 953-9741 , � � � FAX (612) 953-9743 . 1000 East i 46th. Street, #2i 5 � � � ' . � ' . ' . � � Burnsville, Minnesota 55337 �. �' � � : � . ' � � • ' � � ' October 8, 1996 - � � . . � � � � �. .� � . . . , . . • ' • ,� J • ' . City af Mendota Heights , . ; � - � � � � � �• � •: �� � � � . � Atten: Patrick.C. Hollister � . � . � � . � '. � � � .� � � - � � � . � 1101 Victaria Curve � , � . . . °�. - . . . . � � � � �. � � � . . . . � Ment�ota-Neigh#s, NIN 551'18 -.. .. . < �. - ' � . � � - : . ' . . . ,. . < , � . , � ,RE: � MANNA FREIGNT �� . � � �- � � . � � � - . � . � � . ,� . � , Qear Mr. Noliister; ; � , . : � �. � . , � ' . - - � . � , . �-� . � . � . � ` . Enclosed please find frfteen {15) sets.�of the information you �equested for the , �+ � Octobe� 15, 199� Council meeting: . . � � � � . : � � ' �, � ' . � . - ' .., . . . . ,...- , . , .. ; . . . .. . . ' Manna Freight will construct a 25,20Qsf� building of which� 6,120sf is oifi.ct� and 19,�80sf ,, � . is warehouse. The building �will be•located ori �Enterprise Drive and �useci Jas an air . _� • �, �.� freight forwarding facility. � The_building will be�built on.the�westem end of�the 3.33 acre �� � � site which ailaws adequate space far exp.arision to,twic�its otiginal�size: � Foundatian �� . constructian is escheduled to start immediat�ly .and the balance� is to be campleted in ' . Spring. � � � � � �. � . . � , � - �, � . . � ,-� `-. .�� ; , � - � . . _. . ., . . .. . , � . . • � � Ali enclased submittals have been�approved by United�Properties.� , . � � � � �: , � � � � � � Respec#fuliy.submiited, � . . . ��. �� � t � � - : ., ' . �` � ...:� ; �, �. : - . .. ;* .. .. . . . ; . � �. � �_.���� �`� :.`.���� � -�...•�.�. :,. �.�� .� . . . . . . , . , . . . .. . . . . . .. -._._•"..,�. :- :�... _ :,�,.,.'. . �,.. ,.: � .� �. �. . . . " Randy M. Giesen . � � .. , . , , . , . , .. . , ,. • , , . . �.. . President . . � .� . . . ` � . . ' ,. � . . . � . . . � ; � . . . . Enc:�15, �� .r��... � � . :�.. ' � .�. �; .� .� .,. .��.' �.�. .� � �..� � � . � . . . � � , � � ,' � . � . : . ; , . . � ,: • _. „ � .. : . . � , " . ' . : .. � '. . : . � , : .. , . . .: : +.` ," ~,, 5 `•, .,..+ t �7 ' • . � " ' � � � � � An Equal Opportunity Employer •� ' � � � � • � � � � . ti. i � � UNITED PRQPERTIES August 21, 1996 Mr. Alan J. Meehan Manna Freight Systems, Inc. 909 Apollo Road Eagan, MN 5512 2 RE: PLAN REViEW -- MANNA FREIGHT SYSTEMS, INC. MENDOTA HEIGHTS BUSINESS PARK Dear Mr. Meehan: The %llowing comments are made regarding the plans you submitted for our review and approval. These comments, for the mast part, were reviewed with you by Brian Magham and myself on several occasions aver the telephone and by hand wriiten comments on plans yau submitted. The comments on these plans were made by Dale Glowa and myself, copies of which you were provided. A. SITE PLAIY 1. The landscape plan as prepared and revised July 8, 1996 by Buell's Landscape Contractars shoutd conform ta the revised site;plan A-1. Specifically, the areas between the building arid the sidewalk, an the south and east side, shauld be enlarged to conform to pian A-l. 2. The plant material as prapased is acceptabie; however, we suggest the foltowing atong the front facade of the building: (a} Relocate #rees so as not to hide identification sign. (b) Accent the entrance with foundation plantings. 3. The mulch utilized in all planting beds is specified as "rock mulch". The type and cotor will require our appraval prior ta instailatian. 4. You have agreed to irrigate the entire site. Prior to construction, an irrigation plan must be submitted for our approva[. 5, Prior to construction, a grading plaa should be submitted for �ur appraval. We woutd suggest incarporating some earth berms along Enterprise Drive with the excess dirt yau may have from excavation. ` 5. The manument sign and all signage shall conform to our signage manual, a copy of which is in your possession. The monument sign, as shown on A-S in detail 1/5, is accepta6te; hawever, we will require your contractor to pravide fiaai constructian 35i}0 tt'est 84th Street Minneapotis. A'ti�nesoia 5�-�3t Gt? 831-1{}� Fax: 612 89:�-5813 � Mr. Alan J. Meehan Page 2 August 21, 1996 drawings prior to construction, indicating the dimensions, color and type of materials utilized. In the event you have not selected a contractor, we would recommend you contact Mr. Steve Hirtz of Nordquist Signs, who has handled most of the sign . construction in our park. ' 7. The monument sign set back is 40' from the property line; however, the City has routinely granted a 20' setback approval in our park. The Planning Commission will need to review the variance first, and thus have it approved by the City Council. 8. Location of all exterior light fixtures should utilize the high pressure sodium bulb. Plans indicating location, type of fixtures and height of poles will need to be presented for our approval. Any exterior wall-mounted light fixtures, if used, should be a non- swivel fixture that casts its light downward, parallel to the vertical building facade. A manufacturer's picture of the fixture(s) should be submitted for our approval. 9. The radius of the service drive at the northeast corner of the site has been brought to your attention. You have indicated the radius will be increased to allow smoother movement of vehicles. Final site plans showing this change will need to be submitted for our approval. B. BUILDING 1. Architectural plans, A-1, A 2, A-4, and A-5 (all dated June 10, 1996) were presented for our review. Dale Glowa and myself made written comments on these plans, , forwarded them to you, and indicated they were acceptable, subject to final review prior to construction. Architectural sheet A 6(dated June 12, 1996), whfch displayed the front entrance, was also presented and was rejected. You then resubmitted a revised plan A-6 (dated July 1996), which we approved. 2. The exterior building materials to be utilized are: (a) Color # 1, to be rock face block #313. (b) Cotor #2, to be rock face block #296. (c) The stucco used on the front entrance is to be the same color as #313 in 2.(a) above. (d) The cotor of the pre-finished metal flashing on the warehouse and the of�ice portion is to be close to the same color as #313 in 2.(a) above. (e) The aluminum fixed windows are assumed to be tinted. Final color of the glass surface, as �well as the aluminum color, will require our approval prior to construction. ( fl Cotors 'used .for all truck dock doQrs and service doors shown on the north elevation (sheet A-4) must be submitted for our approval prior to construction. (g) All rooftop equipment must be painted out with a color similar to #296 in 2.(b) above. Y, Mr. Alan J. Meehau Page 3 August 21, 1996 (h) Color of mortar jaints has not been specified and will require our approvai prior to use on your building. We wiit require your contractar to construct a panel {on site} which wilt utilize the two rock face materiais you have selected and will also include the mortar joint you wauld propose. (i) You have stated all trash starage will be handled and stored inside the buitding, and that is appraved by us. (j) All roof drains, if exterior, should be locaEed at the sides or rear elevations of the building and be painted or prefinished with a similar color to match the building. It is aur understanding that plans nat presented to date witt be forthcaming for our review and approval when you apply for a building permit with the City of Mendota Heights. This is acceptabte to us. We are pleased with the progress you and yaur architect and/ar contractor • have made in the design ofthe buiiding and find it acceptabte subject to the above listed items. Please acknowledge yaur acceptance of the above terms and conditians by signing aI1 three enctosed originals in the space provided below; retain ane original for yaur files and return two aciginals to my attention We will then forward one ariginal to the City of Mendota Heights, which will serve as our �eliminary approval ofyour project. Ve truty yours, Geo ge I. Burkar GIB/srh IG SYSTEMS, INC. By; � Aian J, eehan, its President a CITY 4F MEND4TA HEIGHTS a�tob�� 9, 1996 ---�- �_..f TO: Mayor, City Cauncil, and City Ad ' st�at'c� , FROM: Patrick C. Hollister, Administrative As`sistant SUB7ECT: GNB Building Permit Discussion Mx. John Laib and Mr. Lynn Sloat have applied for a building pernut to remodel the GNB building across Highway 110 from City Hall. They plan to turn the building from a singte- tenant laboratory and office facility ta a multi-tenant office facility. In order to accomplish this they need to make some madifications to satisfy the fire code and ather access issues. They need to add an exterior stauway and may be adding a new entrance and an exterior e2evator at a later date. The elevator if built wauid be used to access the roaf penthouse which contains boilers and mechanical equipment. On1y the stairway appears on the submitted eievatians and GNB is only seeking approval of the stai.rway at this time. Ptease see the attached materials submitted by GNB. The GNB bullding is a twa-stary structure with 106,92Q ft2 of floor space. According to our Zoning 4rdinance, oi�ce space needs 1 parking space far every 2p0 ft2 af floar space, or in this case 535 parking spaces. The plans submitted show that the building currently has 289 parking spaces, that 10 spaces wi11 be Iast as part ofthe project, and that GNB plans to add 42 more as a part of this renavation, for a total of 321 spaces. Mr. Sloat has � submitted an additional 215 "proof af parking" spaces for a totai of 536 potential spaces. �Staff had also informed the applicants that since this building already exists and this renovation wouid be relatively minor, they would not have to submit Landscaping, G�rading, or Drainage plans in arder to appear on the Cauncil agenda, a�thaugh the Councii may ask far this information if they deem it necessary.) , Mr. Laib and Mr. Sloat informed Staffthat one of the new major tenants of this building � woutd be 147nDOT and that one af the functions l��InDOT planned to pezform at this site ' would be the Iicensing of semi trucks. The applicants told Staffthat it is possible that serni trucks will be frequent visitors to this site. Staff askec3 far same additional information about the semu trucks from the applicants after their initial application submission. (Please • see the attached correspondence between Staff and Mr. Sloat.} r ! Recommendation Staffrecommends that Council grant a building pernut to GNB for their proposed minor modification, attaching any conditions upon the permit the Council may deem necessary. Staff also recommends that the Council accept GNB's Proof of Parking in lieu of actually creating the parking spaces to meet our Ordinance if the Council is satisfied that the proposed parking spaces will be suf�icient. Council Action Required If Council concurs with Sta�s recommendation, they should pass a motion authorizing our Code Enforcement Officers to issue a building permit, and attach any additional conditions the Council may deem necessary. ARCHITECTURE A fl C H I T E C T S • D E S I G N E R S • P L A N N E fl S October 8, 1996 Mr Patrick Hollister City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Re: Exterior Stair Addition GNB Building Dear Patrick: GNB has decided to lease a portion of their building to an outside tenant. The Mendota Heights Building Department has determined, based upon the Uniform Building Code, that an additional exit is required from the area. We have enclosed an elevation sheet which documents the location and appearance. The exterior exit is a metal stair, painted to match the exterior of the building (brick). This stair has a minimal impact on the building exterior and is very unoffensive to the existing building. If you have any questions, or require further information, please let me know. , . —,'1"'".� � � � . �loat, AIA Genesis Architecture LDS/jlf Enclosure 8200 Normandale Boulevard • Suite 200 • Minneapolis • Minnesota • 55437-1060 • 612-897-7874 • Fax 612-897-7704 �� � �. � C ity o� .�., .,► 1Viendota Heights October 10, 1996 Lynn D. Sloat � Vice President Genesis Architecture 8200 Normandale Boulevard Suite 200 IVfinneapolis Nfinnesota 55437-1060 Dea.r Mr. Sloat: Upon further review of your applica.tion for a building permit for a Staircase for the GNB building in Mendota Heights, the City would like the following issues addressed in writing by 4:30 p.m. tomonow: 1. How much of the existing Laboratory Space is being converted to Office Space? 2. How many MnDOT employees are expected to work at the building? 3. How many semi trucks will be visiting the site for licensing and how often? 4. Are all thiity `�isitors" listed on your site plan semi trucks? 5. Is the south access point shown on your site plan intended to be a driveway? Please also submit a Traffic Circulation Plan for all vehicles including semi trucks to the City by 4:30 p.m. on Monday, October 14, 1996. Submission of the above materials will greatly facilitate the timely resolution of your application. Otherwise, it is possible that the City Council may vote to continue discussion of this application to a future meeting to provide time to resolve the above issues. Thank You. � C• Patrick C. Hollister Administrative A.ssistant 1101 Victoria Curve • 1Viendota Heights, 1VilY • 55118 452 • 1850 � : OCT-11-96 FRI 11;51 WELSH CONSTRUCTION FAX N0, 6128977868 � ARCHITECTURE aACHITECTS • DESIGN£RS • PLANNekS October 11, 1996 Mr. Patricic G Holiister City of Mendoia Heights 1141 Vctoria Curve Mendata Heighis, MN 55118 Re: GN6 Buiiding Mendota Heights Dear Patrick: tn response ta yo�r lefter of OctOber 10, 'f 996 pertainittg to our application for building permit and your questions, ! frust that the following information wiil clarify #he issues in question: 1. 2. 3. 4. b. P, 02/02 We are con�erting approximatety 4,900 sq ft of unoccupied (ab/research space into new office space. This section of buiiding hasn't been occupied since 1992. If you refer to my site plan, t have figured fhe total square faatage of the existing building, and subtracted 12% fot toilets, mecttanical and permanent circulation space. 7he remaining square footage is calculated as oftice area, 1 carl200 sq ft, even though same of the existtng GNB spaCes could qualify with lesser parking requirements. Per the a�iginal project program, there wifl be (86} MNDOTIDPS empioyees housed in the space with an additional (2d) pari-time on a rotating basis. On the average, the center expects (4) trucics per day to visit the site. The visitor parking number of (30) is strictly for automobile use and not irucks. The south access point that you mentioned is an existing driveway that connects to the existing roadway. If you have any questions, please contact me. Genesis Architecture �osr�r i CITY OF MENDOTA HIIGHTS :� • � October 10, 1996 , � TO: Mayor, City Council and City Ad '�� tor FROM: James E. Danielson, Public Works D" t 5UBJECT: Enterprise Corporate Centre Approval for Tenant Signage DISCUSSION: The Enterprise Corporate Center PUD as proposed by United Properties was apprcved by Council at the May 7, 1996 meeting. The first and largest building of the PUD is currently nearing completion. The building is a multi-tenant building which will have individual tenant signage mounted on the building identifying its occupants. As in their other similar developments, United Properties has developed a uniform signage policy (see attached). United Properties asks that Council review and approve this policy now and allow them to be able to install tenant signage simply with a sign permit reviewed and approved by staff. Allowing Staff to issue these permits is consistent with how the City currentiy processes the tenant signage for all the other similar PUD tenant signs. ACTION REQUIRED• Review United Properties proposed individual tenant sign policy with Mr. Glowa and then if Council desires to grant United Properties' request, pass a motion approving the policy and authorizing staff to iss�e permits for signs that conform to the policy. � �.1 ��11�{�%,�. \�►���' �%/=i —��j�� !�iii� _�;= �,.�%-- , � � • � � � October 1, 1996 Mr. Kevin Batchelder City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: ENTERPRISE CORPORATE CENTRE Dear Kevin: 1� ocr o � i�� m,v...__ ey��b`Y� ��► ►� 6q�� W` United Properties is nearing completion of Phase One of our Enterprise Corporate Centre project, located at 2425 Enterprise Drive. We have prepared standard tenant signage for your review and approval. Enterprise was approved by the City Council as a PUD development. We desire consistent signage by a11 tenants. Nordquist Sign Company designed the proposed signage. The signage includes two sizes, depending on the size of the tenant: (1) single tenant — for those tenants leasing an entire suite entry; (2) multiple tenants — two signs representing two tenants that share a suite entry. The signs will be wall mounted above each tenant entry. ' Except for the size as referred to above, all the signage will be standardized as far as shape and configuration and background color. We have selected a light background color for the sign so that a tenant can apply color to its name and/or logo. We hope that you agree that the signage for this project has been well planned and we respectfully request your approval for this signage standard to be used by all tenants at Enterprise Corporate Centre. Very truly yours, `t�--- Dale J. Glowa Senior Vice President Development DJG/srh Enclosures 3500 West 80th Street Minneapolis, Minnesota 55431 612 831-1000 Fax: 612 893-8813 � October 14, 1996 City Council City of Mendota Heights , 1101 Victoria C'�rve Mendota Heights, Mn. 55118 Dear Mr. Mayor and City Council: FAA / MAC PART 150 ELIGIBILITY PROBLEM In September I was out of the country on business . On retuming home I was surprised to see that several residents on Wagonwheel Trail where selected for the FAA Part 150 program. The homes selected are in the same block as our home and on the same side of the street. Whv were we not selected 7 By the MAC guide lines used all Residents in a block that the contour passes threw are eligible to receive the Part 150 Sound Program. In my case was this an oversight or just another attempt to limit the azea of application by the MAC. In August I called the Center For Energy And Environment and requested to participate in the MAC Part 150 Residential Sound Insulation Program. In ressponse I received a letter from them stating that our home is outside the certi5ed `1996 DNL 65 ` noise contour therefor we are not eligible to receive sound insulation modifications through the Part 150 Sound Insulation Program. In response I petitioned the MSP Mitigation Committee with a letter to the chairman Mr. Steve Cramer asking that the selected area be expanded to include the residents that were experiencing extreme noise problems and were excluded from the original selection. I also attended and spoke at the August 29th meeting in bloomington, MN for all the residents in Mendota Heights who were excluded from the program even though the aircraft noise levels around there homes is equal to the noise levels in the selected area. In our case we are directly in the departure path for runway 11L — 29R with all the North and Northeast bound traffic over head and just north of ns while the East bound flights pass over and just South of us. We are closer to the airport then the schools and many of the homes that are already in the program. Our home experiences cracked windows and extreme unrelenting noise levels at all hours of the day and night Recenfly the City of Mendota Heights Administrator Mr. Kevin Batchelder and I discussed the inequities of the current selection process for the MAC Part 150 Sound Insulation Program. Apparently faced with some of these inequities the MAC changed the area selection process to include all the residents in a particular block that the `1996 DNL 65' contour passes threw. Because of this change some of the wagonwheel Trail residents were selected for participation in the Residential Sound Insulation program. I also understand ihat in the selection process Schools and area businesses would not be selected until all the residents in there ciry were selected. It seems to me that under this selection criteria the residents in the city of Mendota Heights were grossly victimized by the MAC in the application of the Part 150 Residential Sound Insuladon Program. Millions of dollars were allocated to do the visitation and St.Thomas schools out of the Residendal Sound Insulation Program funds. Above all the "certified" contours used to select a relative few homes in the area leave grave doubts as to the validity of these contours. The sound levels recorded daily on MAC's own A.N.O.M.S. shows most of the City of Mendota Heights experience noise events of 85 db or greater. Therefore it seems that the 1996 DNL noise contour ,developed in 1991, contains erroneous assumptions about arriving and departing aircraft operations, runway use, flight track information, aircraft type , information, noise abatement runway use (RUS) priorities and the proposed Runway 4/22 Noise Program. ,�. � October 14,1996 Page two It seems that do to many false assumptions in the above guide lines area selection may result in more of a artistic approach were the map is evaluated and the contour lines drawn to exclude some areas while including other areas of low or no impact to the program. Why were we exclude for selection when other homes in our block and on our side of the street were selected? Was this truly a oversightT I am asking the City Council for help in this matter. Any help will be welcomed and appreciated. Sincerely . Courtney and Helyne Pince 945 Wagonwheel Trail Mendota Heights, Mn. 55120 ,�/���(. �// � /� � �r .-fiv�-�' �� � _ � — �. CENTER FOR ENERGY AND ENVIRONMENT Sound lnsulation Program 630134�h A venue South, Room 159 � Minneapolis, MN 55450-2908 �- �612J 725-6255 August 14, 1996 Courtney Pince 945 Wagon Wheel Trail Mendota Heights, MN 55120 Dear Mr. Pince, You recently contacted our office requesting information regarding your home's eligibility for participation in the Metropolitan Airports Commission (MAC) Part 150 Residential Sound Insulation Program. The Federal Aviation Administration (FAA) determines eligibility for the Part 150 Residential Sound Insulation Program for homes closely surrounding the Mlnneapolis/St. Paul International Airport (MSP) using the certified MSP 1996 DNL (day/night level) Noise Exposure Map (see attached). The 1996 DNL noise contour, developed in 1991, contains all 1996 noise exposure assumptions including amving and departing aircraft operations, runway use, flight track information, aircraft type information, noise abatement runway use (RUS) priorities and the proposed Runway 4/22 Noise Program. Since your home is outside the certified 1996 DNL 65 noise contour, you currently are not eligible to receive sound insulation modifications through the Part 150 Sound Insulation Program. The FAA may request that this contour be updated in the future due to additional physical and operational changes that may arise at MSP. The public will be informed if and when this process takes place through public notices and public hearings. If you have any further questions, please call me at 725-6251, at the Center for Energy and Environment (CEE). Sincerely, � Mary aasc Manager, Homeowner/Community Affairs '