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1996-09-031. 2. 3. 4. 5. 6. 7. 8. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, AiIINNT�SOTA CITY COUNCIL AGENDA 5eptember 3, 1996 - 7:30 P.M. Call to Order Roll Call Agenda Adoption Approval of August 6 Minutes Consent Calendar a. b. c. d. e. f. g• h. i. J• k. 1. m. n. Acknowledgment of Airport Relations Commission Meeting Minutes August_ 14 Acl�owledgment of Building Activity Report for August, 1996 � Acknowledgment of 7uly Fire Report Acknowledgment of NDC4 Minutes and Agenda July 24 and August 7 Acknowledgment Announcement of Citizen's jury on State aad Lo�al Financing Approval of Personnel Issues Appmval of Exterior Trim and Apparatus Room Painting at Fire Hall Approval of Stroh CAO Pxtension Request CAO 95-OS Traffic Signal Update Approval of Requested Siga and Awning Permit Acknowledgment of Donations from Mendota Heights Animal Hospital Authorization to Proceed with Preparation of Tilsen's Highland �Ieights Street Reconstruction Feasibility Report - Resolution No. 96-64 Approval of List of Contractors Approval of List of Claims �� •� •��. { � ��•�. � r•� � � � a. Report on Fifth Annual, Celebrate Mendota Heights Parks! �� ;� ;�� . � �. a. � Case No. 96-27: Beckman - Height Variance for Radio Tower - Resolution No. 96-65 Case No. 96-24: 01son - CUP - Resolution No. 96-66 c. d. e. f. Case No. 96-25• Evans - Driveway Setback Variance - Resolution No. 96-67 (�ase No. 96-28: � : . % :' . : . i•:� Pirkl - Lot Division - Resolution No. 96-68 7anecek - 1665 South Lexington Ave. Bilfulk - 1936 Glen Hill Road g. Approval of Preliminary Budget and Tax Levy for 1997 Resolution Adopti.ng Proposed Budget Resolution No. 96-69 Resolution Approving Tentative 1996 Levy Colleetible in 1997 Resolution No. 96-70 Resolution Approval Fina11996 Tax Levy for Special Taxing District No. 1 Collectible Ia 1997 Resolution No. 96-71 Discussion of Victoria Curve Pedestrian and Bicycle Safety Improvements (Carried over from August 20 meeting) Discussion of Tennis Courts at Hagstrom-King Discussion of Ski Trai1 in Valley Park Consider MnDOT Cooperative Agreement Project - Dodd & Highway 110 (Carried over from August 21) Approval of NDC4 1997 Draft Budget (Carried over from August 20 meeting) Establish Mee,ting Date for Contract Discussions on Third Parallel Ruaway Adjourn to Closed Cauncil to Discuss Labor Negotiation 9. Counc'1 Co�m_�nts 10. Adjourn Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administration at 452-1850 with requests. � 0 � � � � � ' � i�l �� I , September 3, 1996 TO: Mayor, City Council and City Administrator FROM: Kevin Batchelder, City Administrator SUB7ECT: Add On Agenda One new item has been added to the Consent Calender - So (*) and two new letters have been submitted for item 8a(**). 3. ��enda Adoption . It is recommended that Council adopt the revised agenda printed on purple paper. So. Acl�owledge Pla ni g Co mic ion inutes Please see attached minutes. 8a. Case No. 96-27: Beckman - Height Variance for Radio Tower Please see two letters. 6 .; Page No. 1 August 6, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 6, 1996 Pursuant to due call and notice thereof, the regular meeting of the Ciry 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. INTRODUCTIONS Police Sergeant Dorrance Wicks introduced new Police Officers Michael Thompson and Robert Lambert to Council. He informed Council that the third new officer, John Larrive, was ill and could not be present but would attend a future meeting. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting, further revised to move item 8h, SuperAmerica signs, to the first item of old business. � Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Krebsbach moved approval of the minutes of the regular meeting held July 2, 1996 as amended. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item f, SuperAmerica T.H. 55 Development Agreement, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 23, 1996 Planning Commission meeting. b. Acknowledgment of the unapproved minutes of the June 5, 1996 NDC-4 meeting and the minutes of the July 10 NDC-4 Executive Committee meeting along with the agenda. for the July 24 full commission meeting. Page No. 2 August 6, 1996 c. Acknowledgment of the Code Enforcement monthly report for July. d. Acknowledgment of a memo from Parks Project Manager Kullander regardi.ng the status of the Ivy Falls Pazk landscape improvement project and acknowledging volunteer assistance from Eagle Scout candidate Christopher Beclanan and fifteen boy scouts. e. Acknowledgment of a memo from Public Works Director Danielson regarding the need to fill the Civil Engineer I position and authorization for sta.ff to begin the recruitment process to fill the vacant position. f. Authorization for the issuance of a two-day 3.2 On-Sale Malt Bevera.ge license to St. Peter's Church for September 7 and 8, 1996 in conjunction with its annual Father Galtier Days, along with waiver of the license fee. g. Council aclrnowledged a memo from Administrator Batchelder regazding consideration of Dakota Council HRA policy on Hollman v. Cisneros, and agreed that the HRA concerns are valid but took no action to support the position at this time. h. Approval of the list of contractor licenses dated August 6, 1996 and attached hereto. i. Approval of the List of Claims dated August 6, 1996 and totaling $558,798.10. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 SUPER AMERICA Council acknowledged a memo from Public Works Director AGREEMENT Danielson regarding the proposed developer's agreement for the T.H. 55 SuperAmerica. Mr. Mike Cronin was present on behalf of SuperAmerica. Mayor Mertensotto stated that the Developer's Agreement requires that the aluminum panels on the front of the structure be replaced by brick and that has not been done. Mr. Cronin responded that SuperAmerica will put a brick panel in front of the aluminum, on the outside, after conshuction is done. 1 Page No. 3 August 6, 1996 Councilmember Smith moved approval of the Developer's Agreement for the T.H. 55 SuperAmerica, along with authorization for execution of the agreement by the Mayor and City Clerk. Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 SUPER AMERICA SIGNS Council acknowledged a memo from Public Works Director Danielson regarding review of proposed designs for free-standing signs at the SuperAmerica facilities on T.H. 55 and T.H. 110 at ' Lexington. � Mayor Mertensotto informed Mr. Cronin that Council would prefer the same sign design for both stores and a 19 foot overall height. Mr. Cronin responded that the same design and the nineteen foot total height is what is proposed for T.H. 110 but SA proposes a 25 foot sign for T.H. 55. Councilmember Krebsbach stated that she describes a monument sign as being closer to the ground. Public Works Director Danielson stated that the ordinance allows for 25 foot tall signs, so the height of the T.H. 55 sign was never been an issue. He further stated that the T.H. 55 sign was always indicated to be 25 feet tall. Mr. Cronin stated that he would like to propose that the sign be allowed at 25 feet and SA will reduce the height as much as possible while still maintaining the visibility that is needed because of the curve of the road He further stated that SA's problem is that its representatives understood that 25 feet is allowed and did not realize that the height would be an issue since the site is in an open area. Mayor Mertensotto stated that Council would like the same design on both signs and would like a 12 foot sign at T.H. 110. Mr. Cronin responded that the face of the sign is 12 feet, and SA would like four feet of open space below the face, which would result in 12 foot pillars and an overall 16 foot height. (Sign design #4521.) Mayor Mertensotto stated that 25 foot brick pillazs for the T.H. 55 sign is a lot of brick. Ayes: 5 Nays: 0 Page No. 4 August 6, 1996 Mr. Cronin responded that it is a very open sign and it is far away from the entrance to the site, which is why the open design is recommended. Councilmember Smith stated that the sign appears to be very wide and asked Mr. Cronin to make the columns slimmer on the top. Mr. Cronin responded that he will look into slimming the pillars. He stated that SA plans to open the store soon and the sign must be fabricated and installed in the near future. Councilmember Krebsbach suggested approving the sign at 16 feet in heights. Mr. Cronin responded that SA needs the sign to be read from Mendota Heights and needs the 25 foot height because of the landscaping, although the columns can be slenderized if Council desires. Mayor Mertensotto suggested using sign design # 4516 on a free , standing pole as a better option for the T/H. 55 site. Responding to a question from Mayor Mertensotto, Mr. Cronin stated that SA will not place any hitchhikers (additional signs) on the pole. Councilmember Koch stated that she prefers the monument type sign discussed earlier and slenderized as suggested by Councilmember Smith, but that she will support the pylon sign for T.H. 55 if it has Council consensus. Councilmember Koch moved to approve a pylon design sign at the T.H. SS location, with a maximum overall height of 25 feet, with the condition that the bottom of the pole not be used for additional signage, and to approve sign design 4521, Curley Brick Column design, with an overall height of 16 feet and four feet of open area at the bottom of the sign face, for the T.H. 1101ocation. Councilmember Huber seconded the motion. Mr. Cronin introduced Mr. Joe Davich, manager of the T.H. 55 facility. PARK CELEBRATION Recreation Programmer was present to announce the Fifth Annual Celebrate Mendota Heights Parks! event to be held on Saturday, � Page No. 5 August 6, 1996 August 24 at Mendakota Park. He informed the audience about the broad range of activities which will occur and acknowledged the members of the steering committee. CASE NO. 96-18, NSP Council acknowledged memos from Public Works Director Danielson and Administrative Intern Hollister regarding continued discussion on an application from NSP for conditional use permit and variance. Council also acknowledged a report and noise measurements from acoustical consultant William Kroll. Mayor Mertensotto informed the audience that at the last discussion, Council had directed the city's acoustical expert to meet with the NSP representatives to see what could be done reasonably and feasibly to reduce the persistent humming noise that is generated by the substation. He introduced the acoustical expert, Mr. William Kroll, and asked that he give Council his findings and recommendation. � Mr. Kroll stated that since the last meeting, he has had a chance to learn more about the overall project. He informed Council that, as he mentioned in his first appearance before Council, he had worries about the capacitor banks adding. He stated that he believes that at first the city was told by NSP's representatives that there would not be added noise, but he and the NSP staff visited the Pazkers Lake Substation off of I-494 and had the capacitor banks shut on and off, and it indeed measured an increase in noise levels from capacitor banks being in use. He felt that one fix would be to replace the structural elements which are now flat, with a grout filled aluminum pipes. Mayor Merten'sotto asked if putting the capacitor banks on grout filled aluminum pipes to absorb the vibration will cut down the noise. Mr. Kroll responded that noise would be reduced, as it would shift the frequency of vibra.tion to the point where it would not be heard by humans, although there would still be a component of sound radiated from the capacitor cans moving albeit microscopic. Mayor Mertensotto asked if the units themselves will also be vibrating. Mr. Kroll responded that they will, as there are smaller parts, like the cabinets, that aze radiating sound like crazy, but damping will easily take caze of the problem. Page No. 6 August 6, 1996 Mayor Mertensotto stated that Mr. Kroll has made some noise measurements at the substation and is also recommending certain things that can be done to additionally dampen down the noise generated by the facilities. He asked Mr. Kroll to review his recommenda.tions. Mr. Kroll stated that NSP should go ahead and add to the existing berm. He stated that it will not have a significant impact but will help to reduce some of the noise. He also suggested that trees be planted and the fence be extended, as NSP has recommended. He stated that those three factors are part psychological and part actual noise reduction but they would definitely help. Beyond those measures, he recommended that the big transformers themselves have some partial noise barriers, noise shields, installed near them, at least on a couple of the comers so as to actually cut down the noise being radiated up the hill to the north and the northwest. Mayor Mertensotto stated that according to Mr. Kroll's report there is also a fiberglass shield on the top of the barbed wire fence. Mr. Kroll responded that the shield is not on the bazbed wire fencing but where the sheet piling will be. He explained that he is asking that a band run along the top edge of the sheet meta.l piling and even azound the comer. Mr. Kroll stated that he is recommending that there be an eight foot band on the top part of the sheet piling. Mayor Mertensotto stated that he understands from staff that Mr. Kroll also made some kind of recommendation as to the corner - that partial walls be constructed around each corner of the transformers remaining there. He pointed out that Mr. Kroll's your report sites about four different materials in there. He asked Mr. Kroll to discuss the proposal. Mr. Kroll stated that he and his assistant, along with a totally cooperative NSP staff walked around both substations, particularly both transformers, at Parkers Lake and Mendota. Heights and measured noise and indeed there aze hot spots - for example the corners are radiating at about 9 decibels more. He stated that his recommendation is that partial housing walls be installed, leaving small gaps so people can get in to work and never hinder air flow, to reduce the sound by about 7 decibels there. The construction would be nothing exotic, it would be a perforated metal faced fiberglass, inexpensive and commercially available, over 2 inch studding or channel, and that over a zinc plated sheet meta.l resonant, just tin but a Page No. 7 August 6, 1996 so supported in size to suck up the buzzing and humming and therefore kill some of the noise, and outside of that have a 12 millimeter thick cement board He explained that cement board is very good, and a very durable frost, rain and ice and snow product. Mayor Mertensotto stated that he recalls that when Mr. Kroll previously appeared before Council he said that this humming type of sound is really creating complaints from the residents because they are saying it is continuous and it is not the type of noise that would be governed by the PCA standards as far as noise is concerned. ' Mr. Kroll responded that he cannot help what the MPCA writes into its rules or who wrote the rules for them, but the MPCA wanted it for only "A" decibels which is the one rule commonly used to measure noise but noise from within factories, employee noise exposure, or noise in properiy lines say from fans or traffic or thing like that. He stated that the humming and buzzing noise from the substation, if a good noise ordinance were in effect, would penalize that noise by 10 decibels. He explained that a good noise ordinance says that any discrete tone that is salient with respect to a nearby frequency should be penalized by 10 decibels because people do not mind a steady overall background noise but a certain pitch or tone is more offensive to the human ear. Mayor Mertensotto stated that one of the complaints Council heard when area residents were present was the noise to the north rather than the south. Mr. Kroll stated that the lay of the land, actually the way it=s plotted out but also typography, the grading, the slope rises and climbs, the swale and all this is very complicated. He stated that the noise actually plays tricks on people there -in some locations the noise is high and 20 steps in another direction, and it is lower, but the noise does tend to increase to the north. Mayor Mertensotto asked if noise will still radiate up the wall if the sheet piling is installed. He asked what unpact the eight feet of fiberglass on top of the sheet pile wall will have. Mr. Kroll responded that it will minimize the matter of the lower frequencies catching and then rolling over the sharp edge of the sheet piling. He stated that the fiberglass will have to extend just slightly over the sheet piling so that the noise sees a sound absorbent Page No. 8 August 6, 1996 edge and is confused. He explained that the principle is very complicated, and has to do with Frenells laws of diffraction of rays. Mayor Mertensotto asked for a response from NSP. Mr. Cline stated that two important items to remember in all of this is the urgency of the project, the construction, timelines vs. the need for reliability, and also the added property tax benefit to the city with no additional city services needed. Mr. Silberman, stated that he would like to reiterate, before getting into the technical details, the urgency of the project. He explained that capacitor banks are required to stabilized the voltage, not only for Mendota Heights but for the entire region in east St. Paul. He informed Council that many communities other than Mendota Heights are also dependent on the substation for a reliable source of electricity and sta.ted that he wants to make sure that Council understands that and that the time line is to get the improvements into service before the high temperature in the summer next year. He explained that there is a very compressed schedule now based on the permitting pracess. He stated that another thing that NSP has brought up before is that a lot has been at this facility akeady. He pointed out that in 1982 NSP put the wall in on the south side in response to the developing residential area because the owner had 29 or 301ots that he could not market because of the substation. He stated that in 1991 NSP was asked to do something with landscaping on the west side as the Mendakota Courts development was being constructed, and NSP did some landscaping along the west along the path. He explained that the current is another $65,000 that NSP proposes to spend. He stated that one of the points he would like to make is that, NSP has been perceived to have deep pockets and lots of money to spend on the project, and the facts axe simply that NSP has to make priority decisions. He stated that he has a budget that he has to live within and choices that can be made and must make those choices under budget constraints just like everybody else. He stated that he would like to review NSP's proposal and Mr. Knoll's proposal, where there is agreement and where there is disagreement, to see if some common ground can be found. Mayor Mertensotto stated that before Mr. Silberman makes his presentation, he would like to point out that with respect to budget choices it has been represented to Council many times that NSP is proposing a$4,000,000.00 improvement. He pointed out that the improvement is not only for Mendota Heights but, as Mr. Silberman just stated, is for the entire ease metro district, so this is not a facility that just serves the t�payers of Mendota Heights but is an NSP Page No. 9 August 6, 1996 facility that happens to be located within this city. He stated that NSP could not deny that wherever that facility would be located NSP would be paying taxes because it is relying on fire protection and police protection for that facility. He pointed out that the substation has been in existence for over seventy years and could likely be there in its present condition for another fifly years. He stated that Mr. Silberman has mentioned that he does not want to spend $200,000 for sound proofing, and asked what percentage of the overall project cost is being spent to make life better for those who life neaz the substation. He sta.ted that this is a capitol improvement that will all be passed on to the customers through NSP's rate shucture and that he cannot believe NSP could not spend an additional $200,000. Mr. Silberman reviewed graphics on the decibel level of various sounds including conversational speech, etc. He stated that the preposal is to remove a 115 kV transformer and add a control building to house protective equipment and three capacitor banks, a circuit breaker, etc., and install a sheet pile retaining wall with a channel type cap. He explained that the transmission line will be rerouted, and the square footage of the fenced area is about 300 by 350 feet, or just under 2 acres. He reviewed the landscape plan which was developed after discussions with the Planning and Parks Commission. He stated that the plan includes extending the berm further to the east and raising it slightly. He stated that he has also addressed several azeas along the perimeter and substantial plantings on the park side of the facility, and has also proposed to extend the wood wall that runs along the west another sixty feet to reduce the impact to the Freedman home to the west. Mayor Mertensotto asked what is being done for the people to the south on Swan Court. Mr. Silberman responded that no additional planting has been proposed, as many plantings have been installed along the south side in the past and he expects the proposed project to reduce sound to the south. Regarding Mr. Kroll's recommendations, Mr. Silberman stated that Mr. Kroll has pointed out that there are positive benefits with the NSP plan. He stated that he feels there will be a four to five dB reduction in noise and Mr. Kroll feels it will be less. He stated that Mr. Kroll's proposal includes all of what NSP has proposed plus sound absorbing partial walls at the two remaining transformers. It also includes sound absorbent treatment at the top of the sheet pile wall , and that Mr. Kroll feels that the wa11 should be two feet higher than the transformer. He stated that Mr. Kroll proposes that the four comers come closer together, but that the space is needed to get Page No. 10 August 6, 1996 equipment in and out and NSP would have to work through the details but should be able to come to a compromise. Mr. Kroll stated that he has measured the hot spots and the corners should come in closer so as not to hinder air flow but also allow people to get in for service. He stated that the concept of the design proposed by Mr. Silberman is correct but there is strong radiation of sound closer to the banlcs. Mr. Silberman explained that the drawing he has shown is not the design detail and one of the things he has done with the plan is to make an estimate of what it would cost. He sta.ted that his civil engineer has estimated a$16,000 cost for Mr. Kroll's recommendations without the acoustical panels. He further stated that the engineer estimated that the panels, ten feet in each direction and fourteen feet high, would cost about $20 to $25 per square foot. He stated that it would cost about $165,000 to install all of the eight walls. Mayor Mertensotto stated that if the cost were amortized over the useful life of the panels the cost is not bad for the amount of relief it would give the residents. Mr. Silberman stated that another part of the Kroll plan was treatment of the retaining wa11 with an eight foot tall band, which he estimated would cost about $15 per foot. He further stated that one of the problems he has with the proposal is that he calculates the sound that will come off the wall and taking the worst possible situation, the sound would be l Oths of decibels higher. He noted that he has akeady established that 3 dB is bazely perceptible and the noise reduction resulting from the band would only be in l Oths. He stated that there is no one living to the northeast who has complained and he did not believe NSP is creating a situation that will be worse in any azea. He stated that the corner walls are more effective and he would spend the money on them. He did not have a cost estimate put suggested that they would cost about $10,000. Mayor Mertensotto stated that what Council must do is yield to Mr. Kroll's expertise. Regarding the capacitor banks, Mr. Silberman stated that he is embarrassed because he said they would not make any sound but that he was wrong. He stated that at the Parkers Lake substation he could definitely hear a buzz from the capacitors, but that he was told that one of the cabinets was rattling. He stated that Mr. Kroll measured a 5 dB sound away from the capacitor bank and a lower Page No. 11 August 6, 1996 reading closer to it, but in any case the sound is only 5 dB, and a whisper is at 20 dB. Mayor Mertensotto responded that those are just relative sounds and that Council is trying to address a discreet sound and a constant hum. Mr. Kroll stated that everything Mr. Silberman has stated is correct but he sites from a different reference point. He stated that Mr. Silberman is speaking about "A" decibels when he talks about human speech, but a 120 hertz buzz is not part of the speech component. He informed Council that he thinks Mr. Silberman's estimates are possibly close but NSP should get estimates from the professionals who deal with the materials. Councilmember Smith stated that Mr. Kroll and Mr. Silberman re talking about incremental parts that make the noise from a� � substation, but what Council is interested in lrnowing is whether there will be a straight line reduction in the noise people hear on a constant basis. She asked Mr. Silberman if, when he talks about dB, if it is exponential. Mr. Silberman responded that it is exponential and logarithmic at the same time. He explained that "A" weighting is not a description of sound but a representation of how the human ear hears a sound. Mayor Mertensotto asked what NSP is willing to do. Mr. Silberman stated that he was asked yesterday if NSP can do something with the capacitor bank sound. He stated that he contacted GE and they are aware that capacitor banks make sound at a 60 hertz hum. He stated that the sound is very pure in tone, and that GE indicated that it has never addressed the sound and does not believe there is anything that can be done and it has never been raised as an issue to them before. Mr. Kroll stated that one thing that has not beem discussed is that a spectrum analysis of the noise from the capacitor bank is needed. He stated that there is a higher harmonic, 5 dB higher, in the "A" level measures form the capacitor banks and the issue has never been addressed. He sta.ted that if the noise were to generate complaints it would be appropriate for NSP to install sound reduction. He further stated that there is a significant peak of 58 decibels, and the walls being that high, the readings on the "A" scale would increase to the residences. He stated that the narrow channel to the northwest would not be covered by a berm or wall. m Page No. 12 August 6, 1996 Mayor Mertensotto stated that NSP must tell Council what it is willing to do. Mr. Silberman responded that NSP believes that there aze parts of the Kroll recommendation that have merit and parts that have lower value and NSP would not be in favor of spending money on those items. He stated that NSP would consider any kind of trade-offs between the landscaping and berm and walls that NSP has already proposed versus what Mr. Kroll has proposed with the covenant that NSP is not guaranteeing the workability. He further sta.ted that NSP has provided a plan for remediation should there e a problem, and if the Kroll proposals were to be incorporated into the plan NSP would not guarantee them. He informed Council that NSP has consulted with an acoustical engineer and has decided that some type of wall plan is most cost effective and a wall at the perimeter is most workable. He explained that he has not had sufficient time to pursue what GE can do. � � Councilmember Krebsbach stated that if NSP is not prepared to suggest what it will do, Council should suggest what it wants them to do. Mr. Silberman responded that NSP does not have the budget available to implement all of the NSP proposals plus what Mr. Kroll has recommended, and wa11s near the transformers would be the most effective solution in his opinion. Councilmember Huber stated that there was a point in the discussion that Mr. Silberman was suggesting that there was a cost element of $10,000 that was only giving attenua.tion of tenths of a decibel. He, asked Mr. Kroll to address the comment. Mr. Kroll responded that he could do the calculations, but he is convinced that the reduction would be more than a tenth. Councilmember Smith asked if it would be possible, after cost estimates aze known, to determine which of the recommendations would be the most cost effective. Mr. Kroll responded that he could make a detemiination. Mayor Mertensotto stated that the Planning Commission dealt with aesthetics and he does not think Council should consider any trade- offs on landscaping that were worked out with the Commission. He further stated that he thinks Council should incorporate Mr. Kroll's suggestions into approval conditions, and that Council could give Page No. 13 August 6, 1996 NSP the parameters under which it would receive approval. He stated that if NSP does not choose to abide by the conditions, they could not proceed. Mr. Harold Bagley, NSP's legal counsel, stated that everyone must focus on what NSP is proposing to do. He stated that the application is for a permit to add capacitors and do excavation at an existing substation. He stated that the improvements that NSP is proposing to do will increase tax revenues to the city by $17,000 per year, and Council wants NSP to put walls around a substation that conforms and would increase the cost by $265,000. He further stated that NSP cannot increase its rates because it is regulated by the Public Utilities Commission. He informed Council that there is a substation along I- 494 which is louder than the Mendota Heights substa.tion and Council wants NSP to add walls because Council considers noise to be a nuisance yet people have constructed homes on lots all around the substation. Mr. Bagley stated that NSP worked with tlie � Planning Commission and met their desires on the project. He stated that he has not heard any complaints from the residents about a horrible hum from the substation and that NSP complies with all of the existing Zoning Ordinance requirements and is willing to spend $65,000 to make the $4.5 million project even better. He stated that the Mayor is saying that what NSP proposes is not good enough and NSP should do more to make the substation the ultimate, but if Council puts conditions on the capacitor banks and stops talking about the noise that is being produced by the e�sting transformers that would make sense. He stated tha.t to say that NSP should meet conditions over and above what the ordinance requires will be placing conditions on NSP that the city does not put on other property owners and that would be discriminatory. Mayor Mertensotto responded that NSP is the only utility and Council is not discriminating against NSP. He stated that Mr. Bagley is saying that the city adopted the PCA standards and should live with them, but Council knows there is an existing problem and the noise standards do not apply to the problem because there is a discrete humming sound emanating from the substation. He stated that if other communities do nothing about it, that is their problem, but Mendota Heights tries to make things better for its residents. He informed Mr. Bagley that the reason he is talking about $200,000 for improvements to reduce the noise versus a$4.5 million project is that NSP will effectively charge that cost into the overall budget and the next rate case. He pointed out that two transformers are still being retained and capacitors are being added, and NSP is asking for a mining permit to make more raom for the substation and will put up a 30 foot steel wall. He stated that if NSP wants to do the Page No. 14 August 6, 1996 minimum, that is fine but the station has been in existence for 70 years and as a good corporate citizen NSP should amortize sound proofing costs to make things more livable for the residents over the years. Mr. Bagley responded that NSP is not the only land owner in town and is asking for the same standards as any other user of land in the community regarding noise. He stated that a road side stand with people selling vegetables generates 60 decibels and the noise NSP is talking about is an existing transformer. Mayor Mertensotto responded that if this is NSP's position it should do no improvement and Council could do nothing about the noise. Mr. Bagley stated that NSP is not an ordinary business but rather a service corporation and it has a duty and need to provide electric service. He further stated that in order to do that NSP is given the power of eminent domain and a community's zoning ordinance does not have the force of eminent domain. He stated that if the project increases noise, NSP will come back and remedy the problem and would put absorbents on top of the wall but NSP does not think it is reasonable to spend money now without lrnowing it will be of benefit. � Mayor Mertensotto responded that Council could deny the application or it can grant a mining permit, conditional use permit subject to the conditions that the Planning Commission has recommended plus Mr. Kroll's recommendations because there are things that NSP can do to mitigate the noise. He stated that Mr. Kroll definitely measured sound spikes coming off the corners and that can be deadened. He asked Mr. Bagley what altematives NSP is offering. Mr. Bagley stated that NSP will not do anything with the existing transformers. He further stated that NSP is asking that Council impose reasonable conditions but Mr. Kroll is saying that corners should be built to reduce noise. He stated that as saon as Council unposes the conditions recommended by Mr. Kroll it is placing standards on NSP that exceed others. Mayor Mertensotto informed Mr. Bagley that Council would then impose a moratorium and begin proceedings to amend the noise ordinance to address discrete. He pointed out that Mr. Bagley is taking the position that NSP will not do anything. He asked Mr. Bagley if NSP wants to work with the conditions recommended by Mr. Kroll. Page No. 15 August 6, 1996 Mr. Bagley responded that he would like to hear Council's conditions and come back and respond to them. He further stated that he has to go back to NSP's officials and managers for a decision and must tell them that they have to spend money to do something that will do nothing or go to court. Mayor Mertensotto responded that what Mr. Bagley is saying is that the city should expect nothing. He stated that if NSP was proposing to do nothing but remove a transformer with no mining or other work Mr. Bagley would be correct, but NSP is proposing to improve an existing substa.tion and is not willing to spend a small percentage of the project cost to give relief to the residents. He informed Mr. Bagley that the recommendation before Council is for NSP to do the landscaping as agreed to through the Planning Commission process and that Council adopt the recommendations made by Mr. Kroll. He sta.ted that Mr. Bagley can take that back to the officers if he wishes and Council will continue the matter to a future meeting. Mr. Bagley asked for the opportunity to consult with the NSP representa.tives who were present. CASE NO. 96-20, EDINGER Council acknowledged an application from Ms. Kris Edinger for a five foot rear yard setback variance to allow construction of a three- season porch at 705 Ocala Lane. Council also acknowledged associated staffreports. Ms. Edinger was present for the discussion. Ms. Edinger reviewed her request and informed Council that if the variance is granted, she will still have a 25 foot back yard after the porch is constructed. Councilmember Krebsbach moved adoption of Resolution No. 96- 48, "A RESOLUTION APPROVING A VARIANCE FOR 706 OCALA LANE." Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CASE NO. 96-19, ISD 197 Council aclaiowledged an application from Independent School District 197 for a conditional use permit to install a portable building for temporary classroom/office unit at the Mendota School from ' August 15, 1996 to June 15, 1997. Council also acknowledged associated staff reports. Assistant Superintendent Lois Rockney was present for the discussion. Page No. 16 August 6, 1996 Mayor Mertensotto stated that Planning Commission has recommended that the permit be granted for a temporary structure, in addition to the existing structures, until July l, 1997. He stated that Fire Marshal Kaiser has reviewed the plans and has no problem except that he recommended a condition that the structure be inter- locked with the school's fire alarm system. Mr. Rockney informed Council that she anticipates that the existing temporary buildings will remain in use until the conditional use permits for them expire in 1999, but the proposed unit will be removed in July of 1997. She explained that the unit is being leased and that it will be interlocked with the alarm system. Councilmember Smith stated that she is concerned about using the existing temporary class rooms for uses different from the approved use. She pointed out that it has been anticipated that when the middle school is completed ther� will be sufficient space in all of the district's facilities. Mayor Mertensotto stated that he does not want to intertwine the issues - that the proposed unit will be office space for itinerant staff as well as for testing for students. Councilmember Smith asked Ms. Rockney if she is saying that after the middle school is done in 1997, the portable structures will not be used for classrooms but will be used for something else. Mrs. Rockney responded that the district has used the portable structures for extended da.y and other programs within the school in the past when they were not being used for classes. Councilmember Smith stated that she wants to be sure that when the conditional use permits expire for the existing units in 1999, that the school district will not request extension of the permits. Ms. Roclmey responded that the school district has no intention of coming back for an extension of the existing permits. She stated that Council has indicated that it would not wish to receive an extension request. Councilmember Krebsbach moved adoption of Resolution No. 96- 49, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MENDOTA ELEMENTARY SCHOOL." Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Page No. 17 August 6, 1996 NSP NSP Attorney Bagley sta.ted that most of the time spent with the Planning Commission was on the noise issue, and the berms were for noise. He further stated that NSP has come to ask Council to approve the commission's recommendations and Mr. Kroll has recommended that NSP do three more things. He stated that to get the project under way, NSP will sound proof the wall and work with the manufacturer to come up with something to reduce the noise but is not willing to put up walls around the existing transformers. He explained that it is primarily the cost factor involved, and if the city were willing to use the tax revenues from the facility to extend the walls, NSP would do it. Mayor Mertensotto asked what NSP would respond to a suggestion that the city participate to the extent of 50% of the cost, but only to the extent of the added tax revenue. Mr. Bagley responded that if the city makes up the difference, NSP would not have the concem over the PUC. He explained that the utility must show the PUC that the costs it spends are standard expenses or the PUC will say that the share holders must bear the cost. Mayor Mertensotto stated that it may be possible for the city to contribute half of the cost, and it is anticipated that the improvement will add $17,000 in annual ta�c revenue, using the maxunum tax increase for the next six years to give an annual rebate to NSP. Mr. Bagley stated that the walls are around the existing transformer and do not have to be part of the project. He further sta.ted that if the city would be willing to give NSP a tax incentive, NSP would be willing to install the walls after the project is completed. Councilmembers Huber and Krebsbach felt that half of the cost is a lot of city financial participation. Councilmember Smith pointed out that only the increment of tax increase would be used, but that she is not willing to make any commitment now because Council does not know the cost or the benefit. Mr. Bagley stated that if Council is willing to return the $17,000 to NSP for the next six years after the project is built, NSP will make the improvements suggested by Mr. Kroll as far as the existing transformers. 1 � Page No. 18 August 6, 1996 Councilmember Smith stated that Council would be willing to participate up to $17,000 on a shared basis, further stating that what will be done will depend on an analysis and more definite estimate. Treasurer Shaughnessy stated that the property is not in the Tax Increment District and the city would have to determine what the tax increase is each year, since the city has no idea what the increase will be based on value. He explained that berming will not add to the tax value of the property. Mr. Bagley responded that NSP is taxed on the cost of the project, which gaes to the state and the state approves the assessment based on NSP costs. He stated that the city share of the tax for the existing substa.tion is $11,000 per year and looking at a$4.5 million inveshnent, the city share of the total tax will be about $7,000. Councilmember Huber stated that he does not know that an � investment in a particular site could be pro rated to the individual site, and that operating property is taxed at a lower rate than non- operating property. Mayor Mertensotto stated that NSP pays a lump sum tax to Dakota County ad the city would have to have someone independently certify the amount that the city receives. He pointed out that the city would not receive any increase until 1998 and would only apply the increment in 1998 and only to the extent of the increase. Councilmember Huber stated that he is not prepazed to make a decision and would need to know a lot more before he would leave NSP with the impression that the city will commit the tax revenue. Councilmember Krebsbach stated that she would e interested in cost sharing on the partial enclosures of the transformers but that NSP has agreed to the other two recommendations. Mayor Mertensotto asked if ineasurements can be taken at the capacitor banks now and again after the project is completed. He suggested that discussion be continued for two weeks so that the potential capacitor noise can be addressed. He pointed out that NSP has agreed to two of the three recommendations and that the shared cost only applies to the wall at the corner of the transformers. Mr. Silberman responded that NSP has committed to the wall on the west, the berm and the trees that are shown on the plan and has committed to do some sort of strip of sound proofing on the steel sheeting and in addition, NSP will work with GE and Mr. Kroll to n LJ � Page No. 19 August 6, 1996 come up with something for the framing of the capacitor bank, such as grout filled pipes or something that will be better. Mr. Silberman stated that if Council can come up with a cost sharing arrangement, NSP will be willing to put up some of the partial walls around the transformers as a compromise. Mr. Bagley sta.ted that this is the last of the money that NSP will be putting into the substation, and if there are some other noises that have not been addressed at this point, they will not e addressed. Mr. Kroll responded that he has not made any recommendation to the radiating noise of the capacitors at this time. Councilmember Smith suggested that NSP come back with a proposal with the additional information on tax increase and the benefit of each of the recommendations. "�" Mayor Mertensotto asked what is talking about as an estimate of additional costs for continued study. Mr. Kroll responded that the continued work that he is proposing to do would be about $5,000. Mayor Mertensotto stated that the city could not afford to spend the additional $5,000. He stated that NSP is not contributing to the , consultant costs and it is an unbudgeted expense. He pointed out that Council is not asking for design. Councilmember Smith sta.ted that Mr. Kroll has stated that he had not had the opportunity to run the numbers for the benefit for the proposals. She stated that what Council needs is information on whether there is enough benefit related to the costs to proceed. Mr. Kroll responded that such a report would cost about $1,000, but pointed out that NSP is not proficient at designing walls. It was the consensus to direct Mr. Kroll to determine the benefits of the recommendations and report on August 20. CASE NO. 96-21, NATIONAL Council acknowledged an application from National Rod Ends for a ROD END 40 foot sign setback variance to allow installation of a monument sign along Waters Drive. Council also acknowledged reports from city staff and the city planner and a letter from the project architect, Ted MacLeod. Page No. 20 August 6, 1996 Mr. MacLeod, who was present for the discussion, stated that he is asking for a variance to place the sign at the edge of the property, 42 feet from the curb of the bituminous frontage road because of the unusually wide right-of-way. He explained that National Rod Ends would like to bring the sign closer to the road than the ordinance allows. He stated that National Rod Ends does not want to lower the hill which runs along Waters Drive because it screens the parking lot, and there is a huge pile of sand on the site now that will be taken down. Responding to a question from Councilmember Krebsbach, he stated that the sign was to origina.11y be placed on the building but the Tuthill Corporation has a corporate standard for the sign which is being proposed. He explained that the objection of some of the Planning Commission members was that as the ordinance is written they did not believe that the topography should be considered a hardship. Mayor Mertensotto stated that the city planner has indicateii that there may be a compromise to grant a variance for 30 or 20 feet an allow the sign to be setback 10 or 20 feet from the property line and the sign would still be visible from Highway 55. Mr. MacLeod responded that a 20 foot variance would not work because the sign is an integral part of and works with the entry to the building. He stated that other options would be to lower the hill or have a significantly higher sign. Councilmembe 'th stated that the topography is at 853 or 854 and goes up to 8962 t the highest point, but that is only a small area. � b2 Mr. MacLeod responded that Waters Drive is at 854 and the top of the hill is 860. � 55 Councilmember Smith suggested adding a condition that the sign cannot be any �than the current width from the edge of the pavement, so that if Waters Drive ever changes, the sign must be moved back. Attorney Hart stated that the variance would be the lesser of "x" feet or "x" feet from the curb of Waters Drive, with the covenant to the extent that if the traveled portion of Waters Drive changes, the sign must be moved. Mr. MacLeod responded that if the condition is imposed, he understands that the variance would be for 38 feet but if the road � Page No. 21 August 6, 1996 should move closer to the property, than the variance would shift with the road. Council directed staff to prepare the appropriate language to amend the proposed resolution. Councilmember Smith stated that this is a unique situation and it makes sense for the sign to be where it is proposed, but a reasonable distance from the road must be maintained should the road shift in the future. It was the consensus to approve a 38 foot variance to allow the sign to be placed in the proposed location, "x" feet from the traveled portion of the frontage road with the condition that should the frontage road be altered in the future, the distance of the sign from the traveled portion of the frontage must be mainta.ined. Councilmember Huber moved adoption of Resolution No. 96-50, "A RESOLUTION APPROVING A VARIANCE FOR NATIONAL ROD ENDS," conditioned that the sign will always remain a constant distance from the traveled portion of the roadway in the event the roadway moves. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ANTENNA REQUEST Council acknowledged a letter from Mr. Adrian Evarkiou, from CB Commercial, expressing interest in locating antennas for the U.S. West Wireless Communications PCS network on the city's water tower. Council also aclrnowledged a memo from Administrative Intern Hollister. Mr. Evazkiou was present for the discussion. Mayor Mertensotto informed Mr. Evarkiou that he should give Council a proposal so that Council has something to consider. He stated that Council does not want the water tower to look like a pin cushion, and needs to see the design that will be proposed and where the antennas are proposed to be placed. Administrator Batchelder stated that staff will give Mr. Evarkiou access to information on the antennas which aze already on the tower. LJNITED PROPERTIES Council acknowledged a letter from Mr. Dale Glowa, United Properties, requesting concept plan discussion on a proposed PUD Page No. 22 August 6, 1996 office/warehouse development, and associated memos from Intern Hollister and the city planner. Mr. Glowa, present for the discussion, stated that the proposed Mendota Technical Center would be located along Northland Drive and would consist of two 2-story and four single story office/wazehouse buildings on a site located about fifly to sixty feet above the freeway. He explained that United Properties proposes a series of buildings in a campus setting, like the Mendota. Heights Business Center concept. He stated that a pond will be created and will be a part of the cities drainage system but will have landscaping and water features. The four single story buildings would be located vertical to the road, and it is anticipated that about 50% of each of the structures will have office finish and the balance of the space will be light storage. The multiple tenant development would have a total development space of 240,400 square feet. He explained that his biggest concern is truck screening, and so the buildings have been brought back from Northland and about 80 feet of green area has been provided towazds the Solvay building so that berming and landscaping can be done to provide a natural screen. Mr. Glowa reviewed the Planning Commission's concern over too much parking and described the exterior detail of the structures. He informed Council that he does not anticipate that United Properties will break ground for the project until it has tenants, and that United Properties wants to accomplish pre-leasing for the structures. He stated that if Council is comfortable with the concept, he will begin marketing. He also discussed platting versus PUD. Mayor Mertensotto stated that with platting, the project would not have the same cohesion as it would as a PUD. He felt that the PUD concept is a better approach, and stated that his only concern is the 18 acres of undeveloped property to the west. Mr. Glowa responded that he has been working with the hotel on the concept that it must satisfy United Properties that the overall project will improve what already exists. He explained that the owners are proposing an addition to the existing Heritage Inn. Councilmember Krebsbach stated that the Solvay and ARRT buildings are stunning quality and she would hate to see the quality go down across the street from them. She felt that what is being proposed is a change in use. Mr. Glowa responded that he daes not believe the quality will go down, and that the use is exactly the same as Solvay. He stated that United Properties designed the Solvay building to be general 6�,� �� ` c � w-c.�Q � Page No. 23 August 6, 1996 purpose so that if Solvay ever moves, the building could be divided up for multiple tenants with trucks. Councilmember Krebsbach stated that perhaps the difference is the exterior treatmen� She stated that the business park is outstanding, and felt that the proposed site is the best property on I-494 and the decision on what goes there is absolutely critical. Mr. Glowa stated that United Properties is offering an assortment of product that will insure that the product will move quickly. He stated that United Properties has waited a long time for big office tenants, and the site is still in an industrial park. He stated that the project could end up being all office and no docks or 50/50 office/wazehouse, and United Properties will react to the market place but is trying to keep a long term perspective. Councilmember Smith stated that her primary concern is to �maintain the integrity of that ar�e.a oithe-par-k—Sh ta.ted that she is encouraged by Mr'�lowa's drawings of the oncept but is not u�n es��th the design of the office warehouses. She felt that the 'rghter colors proposed do not look nearly as rich as the darker colors and that the structures look very office-warehouse. She stated that she prefers the darker finish, like Solvay, and also asked if it is possible to do a"u-shape" development with fewer buildings. Mr. Glowa responded that the site is not deep enough, and he cannot get pazking in front, and also the "u-shape" design would end up with comer conditions that are not leaseable because they are so deep. He explained that the proposed buildings are generally rectangular shapes with articulation, and that he will consider darker materials. Mayor Mertensotto stated that Council wants to go with the PUD concept for this property. Councilmember Smith asked what kind of huck traffic Mr. Glowa anticipates for the property. Mr. Glowa responded that he anticipates very little truck traffic. He explained that the buildings are designed to be 110 feet deep with lower ceiling heights, so it is not conducive to truck traffic. He felt that there would perhaps be two trucks per week per tenant. Mr. Glowa complained about the length of time between applying for planning review and having Planning Comxnission review. He expressed his concern that two and one-half months between the Page No. 24 August 6, 1996 initial meeting with the city's planner and final application to Council is a very long time. Councilmember Smith stated that the Planning Commission indicated that perhaps not as much parking is necessary. She stated that there is a lot of parking in the middle, between proposed buildings D and E, and asked Mr. Glowa if more landscaping could be installed if some of that perking were removed. Mr. Glowa responded that there would be additional landscaping, including landscaped islands, etc. Councilmember Krebsbach stated that she wants to be sure that the two lots to the west get developed as office. Mr. Glowa responded that development depends on what the market demands, that United Properties is having a great deal of success leasing office space, but he question is how much can be done. CASE NO. 96-22, PASTER Council acknowledged an application from Paster Enterpnses for conditional use permit for land reclamation to allow excess dirt from the �-iRA project to be used to fill in low areas on the Mn/DOT right- of-way immediately east of the Mendota Plaza. and to fill in a portion of the McDonald's sedimentation basin. Council also aclaiowledged a memo from Administrative Intern Hollister, memos from Engineer Mazc Mogan regarding filling in the sedimentation basin, grading and storm water system review, a report from the city planner, and copies of the boundary and easement sketch, grading concept plan and hydrology analysis provided by Bolton & Menk Engineering on behalf of Paster Enterprises. Mr. Ed Paster, Mr. John Streeter, and consultant hydrologic engineer Bill Douglas were present for the discussion. Mr. Streeter explained that Paster Enterprises is aslting for permission to change the contours of the land that to belongs to Mn/DOT immediately east of the shopping center and directly north of the HRA building. He explained that there is a short window of opportunity that will allow Paster to fill the azea of development with fill that is coming off the HRA site, and that Paster is asking the city for a conditional use permit for mining. He stated that the conditions that allow tlus to happen have been satisfied by city staff in regaxd to the different county, state and federal agencies, and environmental and hydrologic studies have been made. He explained that the property was taken from the shopping center property in 1956 and Paster Enterprises would like to have it back for shopping center property. Page No. 25 August 6, 1996 Councilmember Krebsbach asked what Paster Enterprises plans to do with the property if it acquires the land from Mn/DOT. Mr. Streeter responded that Paster would like to level the property for future development, and that the specifications require the excavating contractor to strip the topsoil, do the excavation and then replace the topsoil. He stated that the property will be seeded if the city desires. He explained that the fill azea is about 150 by 300 feet, and that there aze some scrub trees which will need to be taken out, and that the area would very possibly be cleared up to the walking path. He further stated that the swale on the property will be filled. Mayor Mertensotto asked if the water from the parking lot comes into the proposed fill azea. Mr. Streeter responded that it does not, because the storm sewer system which was recently installed catches the water in the back of the center and the water from the pazking lot and dumps it into weirs. Councilmember Smith asked how steep the drop off will be from the top to the bottom. Mr. Streeter responded that it will be about 20 feet over a sixty foot area, for a 3:1 slope. He informed Council that silt fencing will be installed to control erosion. She stated that there is a second part to the request, which is for the city to approve Mn/DOT turn back of the property. She asked why Paster Enterprises is asking for the lot which was not originally shopping center property. Mr. Streeter explained that there are three pazcels of land that make up the right of way. The first is what was taken from the shopping center in the 1950's, the second is the piece in the center of the highway right-of-way and the fee title for the third is owned by the Dodge Nature Center. Responding to a question from Mayor Mertensotto he stated that the heirs to an estate have the underlying fee to the second parcel, and Paster Enterprises has made an offer to the estate to purchase fee title. Mayor Mertensotto stated that zoning is a question. He stated that the property that was taken from the shopping center is B-4, but the center parcel is probably zoned R-1. He pointed out that Council cannot deal with potential zoning at this time. Page No. 26 August 6, 1996 Mr. Streeter responded that he is in the process of making application to rezone the parcel. Mayor Mertensotto asked Mr. Streeter if he has resolved with the HRA's contractor who will pick up the cost. Mr. Streeter responded that the contract with the HRA was written into the HRA's contract for the building as an alternate, and if the HRA accepts the alternate, the contract is required to deal with Paster Enterprises to remove the top soil, etc., and to meet the city's requirements on drainage and erosion control. He explained that the contractor has given him written notice on what he is willing to do. Mayor Mertensotto stated that Mn/DOT currently has control of the property and Paster Enterprises does not have fee title, and that Mn/DOT has requested an unconditional release. He statecl that he does not laiow how the city could give unconditional release or sign any agreement. He pointed out that Council does not know what the unconditional release will look like and does not laiow what the city's right-of-way needs will be in the future. Councilmember Smith stated that the most she could give up on this is release of the underlying fee, to allow Paster Enterprises to do the grading and require a blanket easement over the parcels because Council does not know future right-of-way needs. Mr. Streeter informed Council that Mn/DOT legal counsel Marvin Master, has said that if the city wants the right-of-way, Paster Enterprises would not have to buy it from Mn/DOT because the city would have the right-of-way. He stated that he has no idea how the property would ultimately develop. He explained that there is a sanitary sewer main 50 feet deep across the property and that Paster cannot fill within 60 feet of the creek, so there must be some kind of transition across the creek, creating a bridge from one side of the creek to the other. He stated that he does not know how the property would lay out as retail expansion of the shopping center and there is no way he could guess where roads would go right now. Mr. Douglas stated that whatever development decisions aze made in the future, the properry would need to be filled, and that is what Paster Enterprises is proposing to do now. Mayor Mertensotto pointed out that Paster Enterprises must understand that the Council makes no comrnitment as to future expansion of the center. He stated that unconditional release by the � Page No. 27 August 6, 1996 city to Mn/DOT is an unreasonable commitment that Council cannot make. Councilmember Huber was excused at 12:16 a.m. Councilmember Krebsbach felt that adding the property to the shopping center property is a way of backing into how it will develop. Councilmember Smith stated that one of her concerns is that this extends much farther into what would be a right-of-way area and she has no idea of how that will fit into a traffic pattern. She also stated that the drawing presented by Mr. Streeter this evening is different from what was in the agenda. Mayor Mertensotto stated that Council is talking about possibly 3,600 yazds of fill coming from that site and up South Plaza Drive to somewhere else, and allowing the fill to be placed as proposed would avoid all the traffic through the city. Mr. Paster stated that he is not here to develop or expand the shopping center or to add to the parking lot or diminish or reduce in any way the city's power for easements or its first right with Mn/DOT. He stated that if he wanted to do development now he would be talking to the city about development, but whether the city owns the property or Paster Enterprises owns the property in the fuhue, the land reclamation that he is proposing will only enhance the property. He stated that what is proposed is only filling out the contours, and that he has done all of the studies requested by the Planning Commission. He explained that he is talking about 1,700 truckloads of fill just to round out the contours of the site, and that this is an opportunity to do something with the land next to the center whether the city or the shopping center ultimately owns it. He informed Council that the Planning Commission's interest was that the project does not violate the requirement of coming to close to the stream and that it does not unpact the quality of the water. He felt that the project will enhance the ability of the watershed to perform to additional capacity and will preserve the interest of the Dodge Nature Center. Mr. Douglas reviewed hydrologic information for Council. Councilmember Smith stated that she is not opposed to the concept but is concerned about preserving the city's right to right-of-way to provide for future traffic patterns. Page No. 28 August 6, 1996 Responding to a question from Mayor Mertensotto, Mr. Streeter stated that cleaning out the drainage ditch and weirs will remain the responsibility of Paster Enterprises, as they aze on shopping center property. Mayor Mertensotto sta.ted that the Planning Commission recommended approving the permit. He further stated that Paster Enterprises has spent much money doing studies to determine whether the project would have any negative impact, and the only problem is that Mn/DOT controls the property. Mr. Streeter responded that he has applied to Mn/DOT for approval, and the response was that they share the concern about hydrology. He stated that Mn/DOT has expressed that concern because they want to make sure that the drainage pattern is not changed, and the pemut from Mn/DOT would be to place fill on highway right-of- way. --- - Mayor Mertensotto stated that all Council would be doing if it approved the request is granting a fill permit to Paster Enterprises subject to Mn/DOT consent. He informed Mr. Streeter that Paster Enterprises would be required to install silt fencing for erosion control. He also pointed out that Paster would also need a wetlands permit because the filling would come within 100 feet of a wetland. Mr. Streeter informed Council that there is only a very short window of opportunity to get some excavated material from the HRA site to fill in some low spots adjacent to the shopping center. Councilmember Smith pointed out that the plan before Council differs from the plan that was considered by the Planning Commission. Mr. Streeter responded that when the application went to the Planning Commission he had akeady reached agreement with the Sheehys to purchase the underlying fee to their parcel of land. He stated that at that time he had asked Dakota County and the city's staff if the agencies would allow fill to be placed on the (Sheehy) properiy, and he then began negotiating for underlying fee title for the second site. He explained that if the negotiation is successful, he will eventually come before the city with a concept for development, but doing the filling now will save the HRA $25,000 and will save Paster a like amount in the future. He informed Council that if the application is approved, the area will be seeded after the filling is finished. Page No. 29 August 6, 1996 Councilmember Smith sta.ted that even though the trees that would be lost are scrub trees, they do provide a screen and she would like them to be replaced. Mr. Douglas stated that twelve trees will need to be removed. Mayor Mertensotto pointed out that a tree removal permit is required. Mayor Mertensotto suggested conditions for approval. They were: 1. That the city preserve its interest in the right-of-way with a blanket easement over the parcel; a statement of understanding that would be submitted to Mn/DOT which would stipulate that under no circumstance does the city give up any of its rights relative to public road easement purposes. 2. That the area be seeded. 3. That proper erosion control measures be ta.ken. 4. That the weir construction be done as designed by Mr. Douglas, Engineer Mogan and Paster Enterprises. 5. That the removal of trees from the area be limited to a maximum of 20 trees having a diameter greater than four inches. 6. That approval of the permit does not imply future approval on the future development or rezoning of the property. 7. That Paster Enterprises maintain the sedimentation pond and its environs. 8. That the entire project be completed by September 30. He also informed Mr. Streeter that the city will not allow any stockpiling of dirt on the site. Mr. Paster responded that he understands that he will have no special rights if the permit is granted. Mr. Streeter informed Council that if the pernut is granted, the project will begin within 24 hours and will be completed, including seeding, by the end of September. Councilmember Koch moved adoption of Resolution No. 96-51, "A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LAND RECLAMATION AND TREE REMOVAL TO PASTER ENTERPRISES." Councilmember Smith seconded the motion. Ayes: 3 Nays: 1 Krebsbach DISPUTE RESOLUTION Council aclrnowledged a memo from Administrator Batchelder regarding a request from the Dispute Resolution Center for financial assistance to support the Center in 1996. 1 Page No. 30 August 6, 1996 It was the consensus that the city cannot afford unfunded expenditures. AIR NOISE Council acknowledged a memo from Administrator Batchelder regarding a statement of common interest prepared by the Northern Dakota County Airport Relations Coalition and a proposed letter from Council to the Dakota County Board. Council discussed noise issued and revised the draft letter. Mayor Mertensotto gave Council an update on MASAC and MSP Mitigation Committee meetings. R-O-W WORK PLAN Council acknowledged a memo from Administrator Batchelder in response to a request from the League of Minnesota. Cities for a city contribution of $771 to assist in funding a work plan to counter legal and legislative challenges to local control of rights-of-way. Councilmember Koch stated that the city pays annual dues to the LMC and asked where the dues go. She felt that the city should not be asked for additional funding for matters such as the work plan, but rather that this should be covered by the annual dues. Councilmember Smith stated that she still has not heard why the LMC is spending so much when it is committing its staff to do the work. She stated that she cannot support $771 in funding. Administrator Batchelder stated that originally there were three areas of expenditures: continued legal fees, public education efforts and legislative efforts. He stated that legal fees are not a consideration now, but the LMC still needs support for education and legislative issues. Mayor Mertensoto stated that he feels it is important for cities to control their rights-of-way and the city should support the LMC. Councilmember Krebsbach moved to authorize a$500 contribution to the LMC for funding a Right-of-Way Work Plan. Mayor Mertensotto seconded the motion. Ayes: 3 Nays: 1 Koch T.H. 149 PLANNING Council acknowledged a memo from Administrator Batchelder and Public Works Director Danielson regazding a proposed workshop on T.H. 149 vacant right-of-way planning. ` Page No. 31 August 6, 1996 Council directed Administrator Batchelder to contact the city planner to authorize four to five hours to prepaze a preliminary report. BUDGET WORKSHOP Council acknowledged receipt of the proposed 1997 budget along with a memo from Treasurer Shaughnessy recommending proposed da.tes for a Council workshop. Councilmember Krebsbach moved to conduct a budget workshop at 7:00 p.m. on August 21. Councilmember Smith seconded the motion. Ayes: 4 Nays: U ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned. Councilmember Smith seconded the motion. -� �� Ayes: 4 Nays: 0 TIME OF ADJOURNMENT: 1:28 o'clock A.M. ATTEST: Charles E. Mertensotto Mayor Kathleen M. Swanson, City Clerk CITY OF MENDOTA HEIGHT5 DAKOTA COUNTY, NIINNESOTA AIRPORT RELATIONS COMIVIISSION AUGUST 14,1996 The regular meeting of the Mendota Heights Airport Relations Commission was held on Wednesday, August 14, 1996, in the City Hall Large Conference Room, 1101 Victoria Curve. The meeting was called to order at 7:01 o'clock P.M. The following members were present: Beaty, Fitzer, Gross, Olsen, and Stein. The following members were excused: None. The following members were absent: Leuman and Surrisi. Also present were City Administrator Kevin Batchelder and Recording Secretary Carla Wirth. Gross expressed concern with the projected numbers of operations being used by MAC for basing decisions on the dual-track and noise mitigation efforts. Gross stated the project operations are underestimated significantly and that this seems to be a major factor in their future noise contour models. Batchelder displayed a colored map showing 1996 and year 2005 DNL contour alignments. Beaty asked if the DNL 2005 LDN 60 is based on new technology, shrinking the corridor, or Stage III. Batchelder reported on his conversation with Evan Futtermann, of HNTB (consultant to MAC). Batchelder reported that Futtermann stated that Stage III aircraft are the primary reason for the shrinking of the year 2005 LDN 60 contour. He reported that Futtermann stated that, with Stage III aircraft, the landings begin to dominate the contours and that is why they are narrower and longer than current contours. Batchelder reported that the 2005 contours use an assumption of 520,000 operations in the year 2005, which is not realistic. Batchelder stated that in arguing for an expanded area of eligibility for Part 150 Sound Insulation we have to be careful that the MAC does not use a future (year 2005) contour that is actually smaller than today's contour. Crross stated he does not consider the projected contours valid because with GPS they will be able to approach along the river, make a right hand turn and land - in theory. He stated he does not believe long and narrow contours, based on an assumption of that landings dominate the contours, is credible. " APPROVAL OF MINUTES Commissioner Gross moved approval of the June 12, 1996 minutes. Commissioner Fitzer seconded the motion. AYES: 5 NAY5: 0 1 Commissioner Gross moved approval of the July 10, 1996 minutes. Commissioner Olsen seconded the motion. AYES: 5 NAYS: 0 DISCUSS MSP MITIGATION EFFORTS AND LETTER TO DAKOTA COUNTY Batchelder reviewed past activity regarding the position statements from various municipalities which were recorded during the MSP Mitigation Committee's deliberations on noise mitigation. He reported that the Council sent a letter to the Dakota County board requesting their assistance in the lobbying effort. The Council also considered the statement of Common Issues generated by NDCARC and made some minor revisions. Batchelder reported the MSP M'itigation Committee will be holding a public hearing at their next meeting which is August 29, 1996. He suggested the Airport Relations Commission be represented at this meeting. Batchelder reviewed the revisions and advised that one area of concern is regarding properry guarantee assurance and how a program of this type would work. Beaty inquired who would pay. Batchelder stated that a likely scenario may be some type of fund set aside through MAC for this purpose. Batchelder explained the Council still wants the Commission to discuss this matter and provide input even though they have already reviewed and endorsed it. He stated the upcoming public hea.ring provides a good opportunity for Mendota Heights, this Commission, and residents to make statements at that public hearing. Batchelder asked if the Airport Relations Commission would like to have a subcommittee representing them at this meeting. Beaty supported representation at the public hearing and suggest those attending meet ahead of time to determine which issues will be brought forward. Batchelder noted the survey results which identify what residents want, such as some time off or "window" of time without a.irport noise. _ � Batchelder advised the Mayor is a member of the committee and suggested Mendota Heights residents also be organized to provide input. He stated he would be willing to script statements to assure major points of concern are addressed. Beaty, Olsen, and Stein volunteered to present comments at the public hearing. Beaty suggested this public hearing be announced at the upcoming Council meeting which will be televised. Olsen suggested the petitioners for Part 150 Sound Insulation Program eligibility also be informed of this public hearing. . 2 Beaty commented on the need to educate residents and clear up misunderstandings regarding the Part 150 Sound Insulation Program which will also assure articulate comments are made at the public hearing. Gross inquired regarding the noise level at the DNL65 and at one mile distant from this contour. Batchelder explained the levels are averages based on 24 hours. Gross explained how a phased-in option based on noise levels may require meters to be relocated to determine the level of noise. Beaty explained that meters are not used to determine the levels and commented regarding ANOMS data and his belief that if used, contours would be longer and, perhaps, even wider. Batchelder pointed out the variance in DNL maps and provided a comparison between the Part 150 Noise Exposure map and the map identifying the MSP Urban Revitalization and Stabilization Zone. The Commission discussed the new Urban Revitalization and Stabilization program passed during the 1996 legislative session. Consensus was reached that Beaty, Olsen, and Stein will attend the MSP 1Viitigation Committee public hearing of Augzist 29, 1996 and requested Batchelder to prepare statements which can be presented. Batchelder was also asked to send out a notice of the public hearing and invite residents of the petition to contact him to obtain suggestions on their presentation to assure they are well prepared. Also, the public hearing date will be announced at the August 20, 1996, Council meeting. Beaty requested the Commissioners attend the August 20, 1996, Council meeting so they can be introduced and add comments. RECOn��NDATION TO CITY COUNCIL ON 1996 MENDOTA HEIGHTS AIRPORT PLAN OF ACTION Batchelder advised this is the last opportunity for the Commission to review the Airport Noise Plan of Action and prioritized list of Topics of Interest prior to City Council consideration on August 20, 1996. Beaty advised he will meet with Batchelder next Tuesday morning to prepare a presentation for the Council. � Batchelder noted revisions made since the last meeting which includes adding dates, removing redlining, and the intent to leave in items defined as "completed" which will indicate activities of the Airport Relations Commission over the past several years. Stein requested adding an issue to address areas seriously impacted by continuous aircraft noise. Batchelder commented on previous discussions regarding the Part 150 Program and potential acquisition. With regazd to the Furlong neighborhood, Batchelder noted that at one time, sewers 3 in that tocation were failing but then utilities were installed and now homeawners have the opportunity for noise insulation sa it is now considered a viable neighborhood. Batchelder explained that due to the public investment in the Furlong neighborhaod, he is not sure it would quaiify ar that the City would approve acquisitian. It was deternuned to add to Page 12, as #6, "City would examine the feasibility of Part 154 purchase ar buy-out of severely impacted areas". The "ISSUE" identified on this page will also be revised to indicate "Assure Eligibility of Part 1SQ Benefits in Areas Affected by Azr Noise Exposure". Beaty asked if the Furlong neighborhood would be assisted if aircraft remained on the south side af the watertower. Stein concurred this would help. Beaty commented on the positive impact that would result if aircraft was required ta remain on the southside of the watertower. Batchelder explained that as part of the Program, the resident is required to sign a navigation easement for aircraft to fly over their house. Beaty invited all to attend the Tuesday, August 20, 1996 meeting with Batchelder to prepare the Cauncii presentation. t�lsen indicated he will attend the Counci� meeting. Beaty stated he believes thai the general pogulation is not aware af the issues dealt with by the .Airpart Relations Comrnissian. Batchelder suggested this be covered during the presentatian introduction. Beaty asked that an announcement be published in the newspaper the ne�ct time such a presentation is being rnade to the Council. Batchelder stated he will contact the Sun Current and Southwest.Review newspapers tamorraw mflrning to see ifa news release can be published prior ta the August 20, 1996, Council meeting. DISCUSS SURVEY OF AIRPORT COl�?CMUNTTIES ON AIRPORT IVUISE Batchelder reviewed the history of the Survey of Community Preferences for Air Noise 1Vlitigation, which grew out af the 4/22 Runway Mediatian Graup's efforts. He reviewed the graphs on Mendaia �ieights respflndents' on duration of residence, descriptian of neighborhoad, degree of neighborhood noisiness, major source of neighborhood noise, etc. It was noted that if it were nat for aircraf�lairpart naise, Mendota Heights' neighbarhaod noise level wauld be quite low, compared ta all other airport communities. Gross was excused from the meeting at 8 p.m. Batchelder continued a review of the Survey, in particular that annoyance made by departures is rnuch higher than arrivais. A1so reviewed was the study design and time of day when aircraft noise is most objectionable. Batchelder nc�ted Mendota Heights' residents responded that evening noise events were most annaying. Batchelder noted that Mendata Heights' residents da not believe acoustic insulation wili help that much or that reducing property taxes would reduce their annoyance with aircraft noise since the !� � reduction would be minimal. A high number of residents believe time periods free of aircraft noise would reduce their annoyance, as would fewer airplanes. He noted that Mendota Heights residents responded favorably to free airline tickets to compensate for noise. It was noted the recap of all questions indicates free time periods and fewer airplanes rank highest as mitigation measures for Mendota Heights residents. Beaty commented on the impact of cognitive rationalization on homeowner's response to questions such as this and how it can differ once they understand there is an option, such as operational changes, which would reduce the level of aircraft noise. The Commission then reviewed the information which identified the interview area within Mendota Heights Consensus was reached to forward comments to the City Council that the Survey indicates residents want more free time periods and fewer planes. DISCUSS RESIDENT'S PETITION ON PART 150 SOUND INSULATION Batchelder advised a petition has been received from 24 households in the Rogers Lake neighborhood asking why their homes are not eligible for the MAC Part 150 Residential Sound Insulation Program. �ie stated a letter of response has been sent to them acknowledging receipt of the petition and infornung them of boundaries of eligibility for this program. This petition was also forwarded to Steve Vecchi, Program Director at the Metropolitan Airports Commission for the Part 150 Noise Program. It was noted that it had been previously determined to ask Batchelder to send these residents another letter to inform them of the August 29 public hearing and to offer assistance in formulating their response at the public hearing, should they decide to attend. UPDATES Batchelder stated he will send a letter to Annette Davis of the FAA reminding of Mendota Heights' interest and to request a decision in the City's favor. He noted that the Commission also discussed copying this letter to Representative Bruce Vento, Senator Paul Wellstone, and Senator Rod Grams. Batchelder noted the household and population data being used for the Noise Abatement � Departure Profiles study was faulty so he arranged for MAC to contact Dakota. County to obtain parcel specific information for each lot in Mendota Heights and Dakota County through GIS. It was noted that this particular issue has not been on MASAC's agenda since this request was made. In response to Beaty, Batchelder explained that since MASAC is still trying to get more accurate numbers than the 1990 data, they may not be ready to discuss it again. Perhaps, it is "on hold" until the consultant puts accurate data into the equation. � SUN CURI.tENT ARTICLE Batchelder reviewed an article recently published in the Mendota Heights Sun Current indicating the discussion between the mayors bogged down on the issue of naise redistributian. It was noted that the City of Richfield has indicated they will have a pasition staternent by the end of the month about whether ihey intend to litigate over ihe new proposed Narih-Sauth Runway. Beaty suggested the City of Mendota Heights address the concern that during runway construction, more flights will be directed over Mendota Heights. Batchelder advised that Mayor Mertensotto requested a time and construction schedule for the north-south runway, as well as, far the reconstructian process far 2 IR. 14ZAC LEZ'TER ON 'T,HII2.D PA:R;ALLEL RIfNVVAY Batchelder reviewed the MAC ietter inviting Mayors Sayles Beltan and Mertensotta ta negotiate an agreement to comply with recently adopted legislation which requ%res affected city approval prior to the canstruction af a third paralle� runway. Beaty suggested there is no need for Airpart Reiations Commissioners to be present since Mayar Mertensotto is ineolved and doing a goad job representing the cancerns of Mendota Heights. ACKNOWLEDGE RECEII'T OF VARIOUS REPORTSIC017►RESPONDENCE Sa. The Comrnission acknowledged receipt af the MASAC agenda for July 23, 1996, and June 25, 1996, Minutes. Sb. The Commissian acknowledged receipt of the MASAC Technical Advisor's Report for 7une 1996. Olsen reported on his attempts to teiephone them several times and that on several occasions, there has been no answer. Alsa, he has requested a response but received none. The Com7missioners reviewed the Technical Advisar's Report and charts identi�'ying the loudest aircraft noise events. They questioned whether this data. contains some inaccuracies. Beaty questianed the various types ofplanes which are bein.g identified. _ � Sc. The Commission acknowledged receipt of the MASAC Complaint Summary far June 1996. It was noted the monthly complaints for May and June are increasizlg. Eteaty pointed out that with backsliding, a decease should be apparent. Stein stated United is using a lat of 737's with the old engines. Beaty added that Continental is doing the same. Sd. The Camznission acknowledged receipt of the 1ViASAC Corridor Gate Penetration Analysis for June 1996. � Se. The Commission acknowledged receipt of the Part 150 Buyout Update - Issue 31. Sf. The Commission acknowledged receipt of the SMAAC Newsletter for August 1996. Beaty stated he reviewed an article indicating a lot of Northwest's new planes are now operating from Detroit. The proposed expansion to the Detroit airport was also discussed. Sg. The Commission acknowledged receipt of the Northern Dakota County Airport Relations Coalition Minutes of July 16, 1996. Beaty inquired regarding meetings held and asked what will be discussed at the meeting scheduled for this Tuesday. Batchelder stated he has not yet received the agenda for that meeting but expects MSP mitigation will be the main topic and each community will report whether or not their Council approved the letter to Dakota County. Sh. The Commission acknowledged receipt of the MAC Part 150 Policy Advisory Committee Agenda for August 9, 1996 and Minutes of May 7, 1996. Si. The Commission acknowledged receipt of the Backsliding Letter of July 22, 1996 to Jennifer Sayre of Northwest Airlines. Batchelder advised Jennifer Sayre is in the process of providing a response. Beaty questioned whether the increases use of Stage II airplanes is causing an impact. Batchelder noted that part of the Northwest Airlines backsliding agreement is that they will not use a higher percentage of Stage II planes than is present in their fleet mix. However, the fleet mix is actually comprised of a mixture of short haul (Stage II) and long haul (Stage III) airplanes and Northwest may be doing more short hauls into Minneapolis. Fitzer agreed this may be the case. Sj. The Commission acknowledged receipt of the StarTribune Article on Extension of Runway 4-22. Sk. The Commission acknowledged receipt of the Eagan ARC Agenda for August 13, 1996. � �THER COMIVV�N�S'OR �O1�eER1�� Airport Noise Reaort � Stein asked if the Commission will continue to be provided with the Airport Noise Report. Batchelder explained that a copy was provided last month by Till Smith, MASAC Representative, but Mendota Heights is not a current subscriber. Based on Stein's indication, Batchelder stated he will subscribe to this publication. � � Beaty asked the Commission if they would like the Mayor to attend the ne�ct meeting to provide an update on the Mitigation Committee. The Commissioners answered affirmatively. Batchelder stated he will contact the Mayor to determine if he is available. A brief discussion occurred regarding the future of Stage IV aircraft. Beaty suggested Batchelder try to locate someone who can inform the Commission regarding types of future aircraft. There were no other comments or concerns. � �DJOURNIVt�1tTT There being no further comments, the Airport Relations Commission moved to adjourn its meeting at 9:20 p.m. Respectfully submitted, Carla M. Wirth Recording Secretary TimeSaver Off Site Secretarial 8 s � y 4+ T0: FROM: SUBJECT. � �� Date: 8-27-4b Mayor, City Cou�cil, and Ci#y Admi�istrator Paut R. Berg, Code Enforcement officer �'�1�� Build9ng Activity Report far August 'l946 CURRENT MUNTN BUILDING ERQ MITS: No. Valuatian Fee Cotlected SFD 2 413,795.00 3,35'l.48 APT 0 0 0 T4W!lNOUSE 0 fl 0 cotroo 0 0 0 MISC. 44 437,714.OQ 6,725.83 C/I 8 7,921,89b.00 24,349.56 -------------------------------------------• Sub Tatal 54 8,773,405.00 34,427.37 TRADE PERMITS- Ptumbing 9 5,350.00 water 2 10.Q0 Se�rer 3 127.d0 Neat, Ae, & Gas 13 iQ,480.00 ----------------------•-------------------.. Sub Total 27 15,967.00 Licensina� YEAR TO DATE 9b No. Valuatian Fee Coltected � � 9 1,7b4,5i3.d0 14,5i5.07 � 0 Q 0 � 6 716,278.04 6,868.i4 � 0 0 4 � 246 2,305,172.00 35,717.iL J SS 17,3q6,026.00 78,477.03 � .------------------------------------� 316 22,091,989.Od i35,577.96 � 69 22 24 8,489.00 110.q0 494.50 i33 ?3,564.50 � •----•-----•------------•------------i 248 32,663.00 � YEAR TO flATE 95 No. Valuation Fee Collected 20 3,321,158.00 28,772.00 0 0 0 4 570,7S7.fl0 5,214,Oi 0 o a 239 1,7T4,329.00 31,151.74 57 2,211,328.00 21,824.87 •------------------------------------ 320 7,877,602.00 86,9b2.62 68 27 27 2,569.00 135.00 472.50 � i2b 8,Q87.00 •------------------------------------ 24$ 11,2�3.50 Cartit�actor's � � licenses 35 8T5.00 � 340 $,500.00 � 326 8,i54.00 ----------------•---------------•----------+-----------------------------•------+------------------------------------ TOtal 116 8,773,405.00 51,269.37 ( 904 22,09tJ489.00 176,74Q.9G ( 844 T,877,602.QQ 1Q,376.12 NBTE: Att fee amounts exctude Sac, {lac, and State Surcharge. Amounts shown uitl refiect only permit, plan check fee, and valuatiot� amau�nts. �' � 1 MENDOTA HEIGNTS FtRE DEPARTMENT JULY 1996 MONTHLY REPORT FIRE CALLS NO. 96149 - 86173 FIRE ALARMS DtSPATCHED: NUMBER ACTUAC FIRES Structure - MH Cammercial 2 Structure - MFi Residential Structure - Contract Areas Vehicle - MH 1 Vehicte - Contrac# Areas GrasslBrushlNo Value MH GrasslBrush/No Vaiue Cantract MEDICAL Assis# 1 Extrication HAZARi}OUS SlTUAi1QN Spills/Leaks 5 ArcinglSharting Chemical Power Llne Down 1 I FACSE ACARM , , Residential Malfunction 4 ' Commercial Malfunction Unintentional - Commercial 4 Unintentianaf - Residentia! 4 Criminal AOODINTENT Smake Scare i Steam Mistaken for Smake Other 2 MUTUAL AID TOTAL CALLS 25 LtJCAT10N OF FlRE ALARMS: TO DATE MENDOTA HEtGHTS 21 153 M�NDOTA 1 2 SUNFtSN LAiCE 2 1 i LILYDALE 1 7 01NER Q 70TAL 25 173 WORK PERFORMED FIRE CAIlS MEiEiiNGS DRILLS WEEKlY CLEAN-UP s�Ecw�,ac�nvmr MINISTATIVE �riE MARSH,4t_ I TOTALS ..�,� .� 379 - 62 i a�.s 26.5 195 0 69.5 839.5 TO DATE 2998 449.5 1 Q23.5 229.5 830.5 Q 520 6051 NUMBER OF CALLS: 2 5 STRUCTURE CONTF�VTS MISC. TOTALS Tt7 DATE $100,500 $15,OOp $115,500 $72,D00 $0 $i6,000 $41,30Q $0 TOTAL MONTHLY FIRE LOSSES $100,500 $i5,000 $16,000 FIRE �OSS TOFAI.S MENDO'iA HEtGHTS AILFiRES,ALLAREAS (MQNTM) $1S1,5Q0 $228,800 MEND. HTS.ONLY S1RUC7lCOl�lTcNTS $157,044 MEND. HTS. GNLY MISCELLANEOUS $41,800 MEND, MTS. TOTAL �OSS TO DATE $228,800 BILLING FOR SERVICES AGENCY THIS MONTH TO DATE LAST YEAR 119 5 � 6 5 142 LAST YEAR 3123 441.5 1303 242 542 4 554.5 6206 MN/DOT $ 0 MILW. RR $ 0 CNR FiR $ Q OTHERS: $0 TOTALS: $4 $0 FIRE MARSHAL'S TIME FOR MONTH INSPECTIONS 3 4 INVESTIGATIONS 1.5 RE•INSP�CTION 0.5 ■� '� i ..! . � 6 21.rJ 6 69.5 REMARKS: SEE QTHER SlDE FOR SYNOPSIS A Y �! ` We responded to 25 calls throughout the month. Calls involved leaking propane and gas lines; lightning, and an accident with injuries. The most serious of calls involved a fire in the maintenance building at Resurrection Cemetery. Due to an oxygen deficient atmosphere (tight buildi.ng) fire was kept to a minimum except for extreme smoke damage. MONTHI�Y DRILL Firefighters refined their skills in drafting, hydrant hookup and usage; and, engineering on the different pieces of apparatus while moving water from one source to another. SQUAD DRILL Squad drills involved the safety and operation of engine 2287. This included the use of the articulating ann as well as pump operations. « � �lRE DEPARTMENT MONTHLY WQRK PERFORMANCE FQR JULY 7996 CAILS FQR MONTH FIRE FIRE FIRE PERCENT CLEAN MONTHLY GEN OFFICER SQUAD SPECIAL 25 GAl.W CAL.L CALLS ATTENQED UP DRILi. MTG MT6 DRlC�L ACT. YEAR TO DA7E ATTD HOURS ATTD THIS 1 2 2 1 2 !73 MQNTN MONTkt YEAR YEAR FtOURS HQURS HRS. HQURS H4URS HOURS tiQURS Adrian, Ed 12 12 81 47% 0.5 2 2.6 Blaeser, Bret 13 13 121 70°/a 2 Brennan, Mike 9 9 59 34% 1 2 2 Coates, Aaron 9 10 65 38°/n 1 2 2 14 Connoll , Marcus 10 11 82 47% Q.5 2 2 2.5 12 Coonan, Mike 6 6 51 29°/4 1 2 Dreelan, Oavid 11 12 81 47% 1 2 2 9 Dreeian, Paul 11 12 90 52°/n 0.5 2 2 2.5 5.8 Hennin , Scoii 7 7 74 43% 1 2 Husnik, Ted 4 4 50 29°/n 0.5 2 2 2.5 Katzenmaier, Ron 11 1 i 96 55% 0.5 2 2 2.5 18 Kaufmann, Mark 8 8 52 3p% 1 2 2 2 7 Kilbur , Jim 13 14 88 51°/a 4.5 2 2 2.5 i4 Kin s1e , flo 18 18 120 69°/n t 2 2 2 15 Klarkowski, Walt 10 1p 42 24% 1 2 2 2 15 La kko,Jofin i6 i� iO4 60% 1 2 2 Lerbs, Jamie 10 11 94 54°� 1 2 2 8 tAwe, Geor e 20 21 110 64°/p 1 4 2 2 2 12 laczko, John 7 T ?4 43% 2 2 8.5 Maczko, Mike 14 15 91 53°/a 1 2 2 McNamara, Rand 7 7 49 ' 28% 2 1 Netson, Geraid, Jr. t3 i4 116 87°/d 1 2 2 2 Neska,Jahn 9 9 51 29% 2 2 2 2 4 Olund, Tam i2 i3 58 34% 1 2 2 2 Oster, Tim S 9 72 42% i 2 2 Paton, Dave 8 8 84 49% 1 2 9 Perron Jim 10 10 77 45°/ti 1 2 2 2 2 10 Perron, Kevin 10 iQ 58 34% 1 2 2 2 Shields, Tom 9 9 77 45% 0.5 2 2.5 Sk'erven, Gord i0 i0 88 51°/a 1 2 2 2 9 Slein, Keith 14 15 96 55°/p 1 2 2 2 10 Stenfia , Jeff 4 4 68 39% 1 2 9 Weinzettel Tom 10 11 63 36°/fl 1 2 2 Weisenbur er, Ken 19 2p 85 49°/4 1 2 2 2 10 Zwirn, Dick 2 2 67 39% TQTAL FOR MONTN 379 TOTAL ATTENDED 26.5 21 26 10 32.7� TOTAL FOR YEAR 2998 TOTAL MAN HOURS 26.5 42 52 10 65.5 0 195 TH(S MONTH LAST MONTH LAST YEAR 'E. RUNSlMAN 11.38 XXXXXXXXXX XXXXXXXXX �VE. MEN/RUN i4.56 14.93 16.86 AVE % FOR YEAR 49.39 5Q.04 54.33 . ..P :..r..� f^'�t N 4 � ' .. � � .��.� NORTHERN DAKOTA COUNTY CABLE - COMMUNICATIONS COMMISSION � rJ� � � ��. ; �� 5845 Blaine Avenue , Inver Grove Heights, Minnesota 55076-1401 _,�.�-N •s . �: L��'�� 612/450-9891 FAX 612/450-9429 TDD 612/552 9675 ��' :, .��`' ' ,. . eoecnOC000,��'+�c�-> � r►� i ►� � ; : . � ►� TO: City Mayors and Administrators/Clerks: - Inver Grove Heights - Lilydale - Mendota - Mendota Heights - South St. Paul - Sunfish Lake - West St. Paul � 1 ` FROM: Jodie Miller, Executive Director �� . DATE: 28 August 1996 RE: NDC4 MEETING MINUTES & AGENDA Enclosed are copies of the UNAPPROVED minutes from the July 24th NDC4 Commission meeting and August 7th Executive Committee meeting. Please distribute copies of these minutes to your city council members. Also enclosed is a copy of the Agenda for the next full Commission meeting on Wednesday, September 4, 1996. This meeting will be cablecast live on Channel 18 at 7 p.m. and replayed on September 12, 1996, at 1:00 p.m. and 8:00 p.m. Please feel free to contact me at 450-9891 with questions or comments regarding any cable issues. . Encs. � Northern Dakota County Cable Communications Commission FULL COMMISSION MEETING Wednesday, September 4,1996 - 7:00 p.m. Studio A 5845 Blaine Avenue Inver Grove Heights, MN 55076 NDC4 meetings are televised LIVE on NDC Channel I8. Vewers may call 451-7834 witlr citizen comments. MEETING AGENDA �� INFORMATION DISCLT�SION 1. CAL.L. TO O F,R/PL. .D F, 7:00 2. ADOPT AGENDA 7:05 3. CONSENT AGENDA 7:10 X X A) Approve 7/24/96 Commission l�nutes Approve 8/7/96 Executive Minutes B) Approve List of Claims 8/8/96 to 9/4/96 4. NDCTV UPDATE 7:15 X X 5. CTTI7,F,N COMMENTS 7:20 6. STAFF REPORT 7:25 X X 7. VA TAN . O M .F. F,pOR 7:40 X X 8. ONTi_NF,NTAi. RF.pOR 8:10 X X 9. T.E�AL. O TN .. F.pOR 8:25 X �� X 10. iTNFINI�HFD B TNF,�S 8:40 11. NEW BUSINESS 8:45 12. OFF-CAMERA PF,R�nNNF,T, iT_F,M$;50 X X 13. ADJOURN 9:00 � � ACTION X X X X' X ... �DC � Northern Dakota Gounty Cable Communications Commission Fuil Commission Meeting July 24, 1996 1. Ca�! to QrderJPledqe: The July 24, 1996 NDC4 meeting was called to order by Chair George Taurville at �;47 p.m. The Pledge of AIlegiance was recited. Members Present: Henry Hovey, Jodelle Ista, Laurence Jung, James Levy, Mike SokoI, Tm Sullivan, George Tourville, Richard Vitelli, and James Zacharski. 1Viembers Absent: Aivin Boelter, Lucille Collins, Joe Conlon, and John Huber. 4thers Present: John Gibbs - Legal Counsel, Robert Ryan - i�ce-President Governmental Relations, and Fran Zeuli - . General Manager (Continental Cablevision); Brian Grogan (NDC41ega1 counsel); and Joy � Curtin and Jodie Miller {st��}. . Chair Tourrille announced that there wr�uid be a public hearing later in the meeting concerning the sale of Continental Cablevisian to U5 West. The public is welcome ta address their co�unents and tor questions ta the Co�unission via telephone during the meeting. Commission members introduced themselves for benefit of those attending the meeting, as well as for viewers. 2, AdoAt genda - Motion 7-2d-96-1, to adopt the Agenda as presented was made by J. Ista, seconded by 3. Sullivan, and unanimousiy carried. � •� -� �.-�.. A} Approve Minutes: The June 5, 1996 NDC4 Commissic�n Meeting mittutes and the - -' July 10,1996 NDC4 Executive Cammittee Meeting minutes were presented for approval. Nlvtion 7-24-96-2 to approve both the June 5, 1996 full Camnussion meeting minutes and the July 10, 1996 Executive Committee Meeting minutes was made by M, Sokal, seconded by J. Levy, and unaiumously carried. Bj Appcove List of Ctaims: The List af Claims for 11I 1196 - 712419b was presented for approval. h�otion 7 24-9�3 to approve the List of Claims for 7/11/96 - 7/24/96 was made by R Vtelli, seconded by 7. ista, and unanimousiy carried. � � NDC4 Commission Meeting July 24, 1996 � Unapproved A) Executive Director: J. Miller reported that the draft 1997 NDC4 and NDCTV budgets had been reviewed and discussed at a budget workshop session prior to this meeting. The NDCTV Board of Directors approved establishing a designated fund with $40,000 of the $50,000 equipment grant monies coming from Continental in 1997 for equipment replacement. Motion 7-24-9�4 to approve NDCTV's designated fund using $40,000 from the 1997 Equipment Grant from Continental in an Equipment Replacement fund was made by J. Ista, seconded by H. Hovey, and unanimously carried: The draft 1997 NDC4 and NDCTV budgets were presented for approval. Chair Tourville noted that the approved draft budgets will be sent on to each of the member cities by August 1 for their approval. Motion 7-24-9�5 to approve the draft 1997 IVDC4 budget was made by J. Ista, seconded by J. Sullivan, and unanimously carried. Motion 7-24-9F,-6 to approve the draft 1997 NDCTV budget was made by H. Hovey, seconded by J. Sullivan, and unanimously carried. J. Miller pointed out that detailed information about the AlphaChannel interactive bulletin board system equipment, including costs, was included in the meeting packet mailed to Commissioners earlier in the week. Motion 7-24-9F,-7to approve purchasing the AlphaChannel system, including peripheral devices as recommended by staf�was made by J. Ista and seconded by J. Levy. Brief discussion followed and the speed of the recommended modems was questioned as possibly being too slow. It was agreed that staff will check to see if faster speed modems would be beneficial and advise the Commission if a change in the purchase order is necessary. The vote was taken and the motion was unanimously carried. The NATOA national conference will take place in Florida September 8- 11. J. Ista indicated an interest in attending. Motion 7-24-9�8 to approve sending J. Ista to the 1996 national NATOA Conference was made by R Vitelli, seconded by L. Jung, and unanimously carried. The matter of establishing a policy concerning submission of agenda items and related information to be included in meeting packets was brought up for discussion. It was agreed that the need for a policy is long overdue. Staff recommended the Commission establish a policy whereby all official NDC4 correspondence be submitted in writing to the . -_ NDC4 of�ce and that items that are to be placed on the Agenda be submitted no later than - 9:00 a.m. two days prior to the regularly scheduled monthly meeting packet mailing (the Wednesday prior to the first Wednesday of each month). Brief discussion followed, during which it was pointed out that some cities accept items and information at their meetings but do not take action on these submissions. hsotion 7-24-9�9 to adopt a policy requiring official correspondence to be sent in writing to the NDC4 office and requiring agenda items and related materials to be submitted to the NDC4 of�ce no later than 9:00 a.m. two days prior to regularly scheduled meeting packet mailing days was made by R Vitelli, seconded by L. Jung, and unanimously carried. Page - 2 � NDC4 Commission Meeting July 24, 1996 Unapproved 5. Public Hearina: Chair Tourville announced that those who wished to comment during the public hearing make use of the microphone at the front of the room and state their name and city (or address if they wish to receive feedback regarding the outcome of the hearing). He also noted that viewers can call in their comments and/or questions. A 60- second tape promoting the public hearing was played. At 7:30 p.m. Chair Tourville called the public hearing to order regarding the sale of the NDC Continental Cablevision system to US West Media Group. The order of the public hearing was announced as follows: NDC4 legal counsel comments, followed by a staff report, followed by public comments. Representatives from Continental Cablevision introduced themselves. NDC4 Legal Counsel B. Grogan provided a brief overview of the process involved in approving or denying a system transfer based on a request made by the existing cable operator. Such requests are affected by three areas of law: local law (the Franchise in the case ofthe NDC system), state law (Chapter 238 which describes procedural requirements), and federal law (the Cable Act as amended) and FCC regulations. ND�4 as the NDC franchising authority, is charged with reviewing the legal, technical, and financial qualifications of US West. Continental submitted FCC Form 394 which outlines the legal, technical, and financial qualifications of US West. This form was reviewed by NDC4 and additional information requested of Continental, which they have subsequently supplied. That information is currently under review. J.1Vliller noted that Commissioners may pick up a copy of Continental's response to the request for more information prior to leaving the meeting. A unique aspect of this potential transfer is that federal law prohibits a local exchange telephone company (such as US West) from acquiring a cable company in its telephone service area. Continental and US West submitted a petition to the FCC on July 19th seeking a temporary (18 month) waiver from this prohibition during which time US West will seek out a third party to purchase the system. According to FCC rules, this waiver must be approved by the local franchising authority. By law there is a period of time in which comments can be submitted to the FCC regarding petitions which have been submitted, and the Commission may consider doing this in the form of questions or written statements. The public hearing being held this evening is required by state law. Once the public hearing is closed, there is a period of time during which the Commission can accept or deny the transfer. NDC4 and Continental have agreed to extend the time -�;� - period by one day to September 4th in order to accommodate the Commission's regular meeting schedule. Once a decision is made, a formal resolution is prepared describing the basis on which the decision was made. � A question was raised on whether the public would have an opportunity to submit comments after this evening's public hearing. B. Grogan responded that although public comments are always welcome and beneficial to helping the decision making process, they need to be submitted on a timely basis for proper inclusion in his report that will provide recommendations to the Commission regarding the transfer. Typically, public hearings are . Page - 3 NDC4 Commission Meeting July 24, 1996 � Unapproved left open for a reasonable period of time. In this matter, there is a definite deadline that must be adhered to by the Commission which need to be kept in mind. Chair Tounrille invited the public to ask questions and comment on the NDC system transfer from Continental to US West. Comments received by the Commission included: 1) concern over continuation of funding for public access television, which is valued by many and covered in the current franchise agreement; 2) the need for the NDCTV Corporation facility, equipment, channels and operating costs to be sustained; 3) if possible during negotiations, to work toward agreement for playback to be controlled by NDCTV; 4) whether there will be true future competition when US West can choose who they are going to sell the system to; 5) the importance of public access in local community organizing and activity; and 6) the concern that as a temporary owner US West has no incentive to expand the quality of services until a buyer is found. R Vitelli inquired why US West representatives were not present at this meeting and whether NDC4 can stop the sale if they deny the transfer request. Continental Legal Counsel, J. Gibbs, responded that because the transfer to US West is only temporary and in the petition filed with the FCC it is stated that no changes will be made in management of the NDC system and US West is not playing an operational role, they really have no need to be present at this hearing which is designed to receive public comment. He further stated that it is likely the transfer will be complete by the 4th Quarter 1996. B. Grogan clarified that NDC4 is required to approved the transfer in the current Franchise, by state law, and by federal law, and in this case NDC4 is also required to approve the waiver. It is not likely that if NDC4 denies the transfer the entire Continental system sale nation-wide to US West would fall apart. If NDC4 azbitrarily denies the request, US West can, among other options, challenge the denial, operate the system under a separate entity, or sell the system immediately. Chair Tourville inquired whether in the process of approving the transfer, conditions can be incorporated into the agreement, such as requiring US West to name the entity to which the system will be soid. B. Grogan stated that any conditions would need to be legally enforceable. R. Vitelli inquired whether the ultimate owner of the system would be obligated to negotiate a franchise when the current franchise expires. B. Grogan responded that the entity that buys the system from US West would be obligated to abide by the provisions of the current franchise and would enjoy the benefit of being presumed . to renew the franchise when it expires in 2000. R Ryan commented that Continental is :-.� actively seeking a buyer for the system now, and any entity brought before the Commission will be technically, legally, and financially qualified to purchase the system as Continental wishes to keep the sale moving forward. Chair Tourville noted that there is a Franchise provision that allows member cities to have the first right of refusal. To date, no member city has shown interest in purchasing the system. M. Sokol commented that it is not clear from all the documents, what entity will be acquiring the system, as so many different names have been used (US West, Inc., Media One, US West Media Group, etc.). J. Gibbs responded that with the merger of two large Page - 4 „.. NOC4 Commission Meeting July 24y 1996 Unapproved parent campanies, ultimately the franchise halding subsidiary corparation will be controiled by US West, Inc. R. Ryan added that Media One is the US West cable subsidiary in Atlanta that will came under Cantinental's management when the sale is complete. J. Miller painted aut that US West, Inc. arid US West Media Grc�up trade stock separately from one another. She inquired where NDC falls. R Ryan responded that Continental wili came under the assets pf the US Vtjest Media Graup stock which includes the mare deregulated businesses such as yellow pages and their interests in cellular, Time-Warner, and Cont'rnental. R. Vitelli inquired why there is a prohibition against US West operating a cabie campany in its service territory. B. Grogan respanded that the purpose af the 1996 Cable Act was to allow far mare than one provider of video servrtces in order to spur competition. J. Miller suggested that the Commissian consider making comments to the FCC regarding the petitian for a temporary waiver suhmitted by Continental and US West as previously discussed. She stated that a.tthough the NDC system and surrounding systems being �urchaseci by Continental represent onty a small part of the te�z-billion-dollar deal, it is , important to raise awareness that these systems have same unique and serious concerns. � M. Sokol noted that the US West Media Graup has less than two years experience operating as a cabie provider. R Ryan concurred and noted that US West is t��king over Continental in its entirety, keeping Continental's technical managers in place. M. Sokol inquired if there is a written agreement to that effect with LTS West. J. Gibbs responded that Form 394 describes the plans to keep the existing Continental Cablevision central diviszon which wili continue to manage and aperate the system. Specific memion is made of retaining Continental's exitsting management structure in Minnesota. Aside from Form 394, Continental and US West have stated to the FCC they have no ptans to rrtake changes in the management stzucture. M. Sokal inquired about what assurances, other than affrnzations, NDC4 has that the current Continentai management will continue during the interim period. Chair Tourville explained that the Commission needs to be particularly wary of who is managing the aperations as the system eannat affard to be badty managed.. A questioa was raised on whether there is historical precedent in simitar situations from . which NDC4 can glean some direction. B. Grogan respanded that this is the first crass -��_- ownership transaetion between teiephone and cabie that he's aware of since the 1996 Cable Act, althaugh there have been prohibitions an other forms of inedia. J. Gibbs added that essentially the pravisions were in ptace when the US West/Time Warner divestitures took place; and that the 18-month time period policy is favored to avoid triggering a"fire sale” where an entity is sold as quickiy as possibie to any buyer for the purpose of speculation and resale. J. Levy inquired whether Continental's transfer would be inhibited should the Conunission deny the three variance requests. B. Grogan responded that should the Commission vote Page - 5 ` NDC4 Commission Meeting July 24, 1996 Unapproved to deny the variance requests, Continental wouid have the option of either curing the violations or being found in default, from which point NDC4 has various options it can take, and in either case, the transfer would be inhibited. A suggestion was made by guest C. Mertensotto that NDC4 can simply deny the transfer and state its reasons and let US West/Continental come back with conditions and options that might affect the sale. Conditions should not be a part of the denial. Discussion continued after which Chair Tourville suggested the public hearing be held open through August 30 to accept comments from the public on the issue. B. Grogan advised that he needs the public input earlier than that in order to include it in his report. It was suggested that the public hearing be closed but the written comment period be kept open. Dates were discussed. J.11�ller read the written comments submitted by interested parties prior to the meeting which included concerns over rate increases, changes in channels, customer service, system maintenance, competition, and presenring community television. Motion 7-24-96-10 to close the public hearing, accept the written comments into public record, to continue taking written comments regarding the transfer until the end of the work day on August 9th, and af�irming that the final decision regarding the transfer will take place at the September 4th NDC4 meeting was made by R. Vtelli, seconded by J. Sullivan, and unanimously carried. J. Miller inquired how the Commission wished to proceed in order to make comments to the FCC regarding the petition filed by Continental and US West for a temporary waiver. After brief discussion, it was agreed that staff will circulate a draft of comments for Commissioners to respond to by phone, fax, or mail, in time to meet the FCC deadline. J. Miller reported that she responded to Continental's letter regarding payment of legal fees, which included new items to contemplate. Chair Tourville stated that the Franchise is clear that Continental is responsible for payment of these fees and that the costs will likely be passed through to subscribers. Legal fees pertinent to the transfer will be submitted to Continental for payment. 6. �/ariance Discussion: Chair Tourville summarized activity regarding the variances to this point. The requests for three variances was denied by the Executive Committee and _ Continental has appealed to the Commission. Chair Tourville suggested that the Ad Hoc -� �=- Technical Committee Chair, the Commission Chair, and staff continue discussion on these issues with Continental. Motioa 7-24-9Fi-11 to appoint Ad Hoc Technical Committee Chair M'ike Sokol and NDC4 Chair George Tourville along with staff and legal counsel to enter into negotiations with Continental to try to come up with a resolution for consideration by the Commission at its September 4 meeting regarding these variances was made by R Vtelli and seconded by H. Hovey. Discussion followed during which J. Ista commented that more and more people are finding need for the capability of high speed data. J. Miller commented that it would be good to have a detailed written report on the technical status of the system from Continental, as well as a comparison of cost Page - 6 � NOC4 Cornmission Meeti�g July 24, 1996 Q Unapproved �� calculations based on using the 1982 technology (when the Franchise was written) and what it would cost to achieve the same en�ls using the 7SO l��z technology. M. Sakol inquired about the Interconnection costs and the impossibility of obtaining microwave iicenses. R. Ryan responded that the calculatians were based on hypt�thecations that it was possible. A caller inquired why the system was not built as originally designed and why must subscribers now pay far it to be done. F. Zeuli reported that 30°lo af the 750 MHz rebuild in the NDC area is camplete. Continental is optimistic that 25% af NDC subscribers will be able ta enjoy the enhancements and increased channel capacity of the rebuild by the end of 19�6, and it is anticipated that 100% will be completed by the end of 1997. J. Levy inquired whether the transfer will siow the progress of the rebuiid. F. Zeuli responded that it would not. B. Grogan noted that this new information sheds more light on continuing discussions regarding the variances and system transfer. Chair Tourville reminded the group of the motian on the floor. The vate was taken and the motion was unanimously carried. l. Unfinished BusinPss: J. Mi.11er inquired about whether the Executive Comrnittee would meet in August. Brief discussian followed �'vtiot� 7-24-9fi-12 to hold an Executive '�� , Committee meeting August 7th at 5:30 p.m. and a full Cammission meeting on September - 4th at 7;t}0 p.m. was made by H. Hovey, seconded by R Viteili, and unanimousiy carried. 8. New Business: J. Ista reported that the League of Minnesota Cities (LMC) is asking rnunicipaiities to support the rights-of-way task force. Chair Tourville annaunced that the City af Inver Grove Heights �is participating, and R, Vitelli stated that the City of West St. Paul is aiso particigating. Chair Taurvilie invited anyone who wishes to lea.rn more abaut the issue to speak with Executive Directar J. Miller or himself. J. Miller asked that Commissioners contact staff if they wish to attend the Saints game on August 28. � 9. A�joutllment; M�tivn 7-24-9��13 to adjoum the meeting was made by H. Hovey and ��'"� seconded by J. Levy. The meeting adjourned at approximately 9:50 p.m. Respectfully submitted, Joy A Curtin � NDC4 Administrative Assistant � �. and Recording Secretary Page - 7 ----- — -- � ^ , , _ C . , : k . ♦ � CITY OF MENDOTA HEIGHTS _ ' � ' A�IIIVIO August 30, �1996 To: Mayor and City Council - � _ . - � � -: From: Kevin Batchelder, City Administrator _� � , , . - _ ; Subject: Announcement of Citizen's Jury on State and Local Financing F _ , . , . DISCiTSSION : _ _ ,_ , � . - •. � _ , . , .r .. . . .. : , _ � , ' Attached is an announcement letter for_a�Citizen's Jury on State and Local Financing; . v � on the topic of "Can We A,,�`'ord the Future." This citizen's jury is being hosted by the Minnesota Extension Service, the Humphrey Institute and the Jefferson Center. I have been ,: -�• -� ,: asked to inform the City Council about the opporlunity to attend and observe the jury's work. ,,:�,.. ,. (Please see attached letter of invitation. ) _ . . , . . - . , . , ; � � I:.-__� The jury is being hosted by the Dakota County Extension Service from September 9-13 �� -_ �. � from 8:30 a.m. to 5 p.m. at the Dakota County P.xtension building on 4100 - 220th Street „•,: ,, �� , West in Farmington. A schedule of jury topics is attached and they are requesting that . attendees phone in RSVP's at 891-7700. � _ , � � _ - , � � . ^ - � - � - - ., _� • : - � � � � . . . -' y - ACTION REQUIRED � . _ A. . . . _ , � - , - ; , - . . � _ . � .. _ . . , � , Acknowledge the invitiation from the Minnesota Extension Service. - - � s . - - t ., � - - . . • � � , . - , . • . . _ . - ' , .. . . ' ,,� . ', _� . - . . " . _, .�':: ` .''_� �. - � � i e � � ' • ' - - - ' , � ; ' • •f -� `!'! � . . - • - - „�. , . . � _ . ; ' _. . � � � . ` ^ .. � �.. ' ' , x � 1."� , „"' � , . , m � « :r . t w a �'• ♦� , . ► � t ,�i s x �R y - �' ~M _ f ,�y � � ` �' wS 4 .`'`. 1Y. . +,�. . � � �• x �� . . � � •' f~� l _ __ _-_- �- _ _ - � - '_ -_"_ ___ _ " __ __ _'_ - ___ _-�_"� � - , . . = ti ` ` � ' ti * �'' � , . , • • .. , . -j � e � , . . s . •- . + ., +rt . , ',.' \ � ,.. j ' t . ' . �:' . � t n . � . . l ` ♦ • - � _ t � ; i . • Y � � . ♦ \y+.�: � _ • - " • � _' 1` " _' a � �-. . _ � r _ . - . � � � t . . ' -4 • "j+ �� ' . ., i ', ' � . _ � . • i .r � Yx � ' , � � � . . ' r 4 � . . ...r " ,.' � . v � s. . ' r � . �» : r . t ' ' ' `_ r . r 1 .. .e " » .s • � . .. ' „ � - �: r . ,. t . ) � _ . ... . . '�' � .. � ... � r ' r '. f ' �. J , . � Y � , t - - - _ • j _ ._ ; . ��$ _ . , . �µ CTTY OF MENDOTA HIIGHTS August 26, 1996 TO: Mayor, City Council and City A�m�iist�ator FROM: Fire Chief, John Mac SUBJECT: �ainting Of Exterior T' And Apparatus Room (Garage Area) At The Fire Station �YKi�X 1 � Having been in our buildi.ng ten plus years; we are findi.ng that the sun and other elements in our outside atmosphere have slowly degraded the paint on the exterior trim of the Fire Hall. We are also finding that ten years of engine exhaust have also deteriorated the appearance of the wall in our garage area. Assistant Chief Neska has solicited bid proposals from painting contractors addressing these two areas and you will find them enclosed with this memo. t__ K� ��iUi_ _�!i . M � � I agree with Assistant Chief Neska and recommend to accept R& R Clean and Seal proposal to paint the two areas mentioned above. Their bid of $4,590.00 is well under the 1996 Painting Budget of $6,000. �.T-IM i��i;�-xi 1i; _� If Council so desires to implement the recommendation they should pass a motion to award the bid to R& R Clean and Seal for painting of exterior trim and walls in the garage . area of the Fire Hall. - �-- i i• t i � 1�! �.! �_�1U_i TQ; Chief Maczko ! ' ��IT Assistant Chief Neska August 26, 1996 Painting of Engine Raom and All Exteriar Metal Trim ��Yili�X�1�A Enclosed you will find a copy of painting needs which were developed after reviewing the conditian of our building. The painting of the exteriar of our building was discussed in 1995, but due to late fall ti�ming and lack of funds, the job did not get started. The engine raom interior has nat been painted in 10 years; and the vehicle e�aust has taken its toll an the paint. I solicitecl bids from S painting contractors and received 3 proposals back. The enclosed proposals are summarized as follows: R�Rc1�&s� Fresh Paint, Inc. Bobby's Paint $4,590.00 $5,843.Q(} $2,240.00 - exter%or on.l.y I have reviewed the proposals and find R& R Clean and Sea1 to have the lowest bid. I persanally have inspected R& R's work at another local Fire Department, and fuid their wark very satisfactory, �_ 1�i 1�� 1.�! 1; Y r�. I recommend we ac;rept R& R's proposal; and proceed to have our building painted � "" 1�efore the winter season, All proposals are enclased with tt�is memo. If you have any questions, pl.ease feel free to contact me. CITY OF MENDOTA HIIGHTS �/ l �l�/ 1 August 27, 1996 TO: Mayor, City Council and City Ad�tor FROM: James E. Danielson, Public Works Directo SUBJECT: Stroh CAO Extension Request CAO 95-05 Last November Council completed a Critical Area site plan review and approved a variance allowing Mr. Bernie Stroh to construct a single family home at 1128 Sibley Memorial Highway. Mr. Stroh has been unable to complete the work this year and has requested an extension (letter attached). ;__ � �i�� .�I� � M 1 ► I recommend that Mr. Stroh be granted a one year extension to his CAO review and variance, as requested. ; M / � � 1 �1; 1 If Council desires to implement the recommendation they should pass a motion granting the extension. The new expiration date will be November 7, 1997. � 8emte Stro�, P.E. � Au,�us t 14, I99b . Cansul6ng Structu�al Englneers bt?l3�41-9372 • 612/335-47$3 Fax n STRQHENGINEERtNG 607 Washington Avenue S. Suits 202 Attn; Kim {Citp oi 1L�endota Heightsl Minneapotis. Minnesota 5541� From: Bernie Stroh, P.fi. Re: CAO 95-OS Critical Area Site Plau RevieW , Critical Area Heighi Yari�nce �dc�ma: Kim....i am Lhe a�er oi : lot in Yeadota Heiahts and Was graated apptavsl of � building plaas at the city couacif ineetiag last - Nov. 7, 1995 tar a sin6le iamilp residence. {see attached meuw}. I have tenLativeiy deiaTed this projeot for this pear �nd bave �tot yet applied �or t buildi� approval. I do rlot recall aeLtir� � written notii'ication af this approval. i+veuld apgreciate it it' tou rwuld check pauz records and �ee if . � oae a�s aaited to me. Aiso, is thete ettt expiration date for this � wariwae/approval. Tfxnks . B , � � � � ,., CtTY QF MENDQTA NElGHTS . Riovember 'I7, 1995 T4: Mayor, City Councii a�d City Admini FRt3M: � Jarr�e� E. Danietson, PublQc Warks Di� to SUBJECT: CAl"� 96-t)6: Svoh • Critical Area Site Pisn �ievtew Criticai ,Area Neipht Variance �i�$l�t � .. ' ,,.- '. At ths Noverttt►e� 7, 199fi m�ting, the City Councii a rflved a p(a�ning �`-. appllcst3on by Mr. Bemie 5ttoh, of 1'128 Sibtey M�moti�l ig�to a!!ow � canstruction o# a stnqie family home in the Cr'�t�Cal Area I��r�a�y District. �i Speciflc�atiy, Counc� approved a CAO S'rte Ptan and a CAO Height Variance to...• f aiiow e tiue� atiory hos�ne. , _____----�' , � lish+ed a numbe� of findinQs to support the approvat of the height varianca and a number o# condittons were pleced on the apprevat. 7he Courtci! directod the C+ty Attomey to draft a resotution that would be in recocdabte fotm tor CounciE review on the consent calendar. The reesat ths Council wanted the resotutio� recarded against tfie praperty _. wes tt� put futun property owne�s an notice �tat the variance granted would automaticaliy tem�inate if either the foundation footprint o�r heeght of the structc,re . wouid incfease. Ple�rse see att�ched d�aft resolutian. � � -*li•� :,.,• ;• • Revtew tha proposed resofutian. lf Ctty Council desires to adopt the resotutlon, they should pass a moticn adoptin� Resalutfon No. 95-___, RESOl.UTlQM' APPRaVING A VARIANGE ALIOWiNG CONSTRUCTION OF A THREE ST�RY SlNGIE FAMtLY REStDENCE fN THE CRITiCAi. AREA OVERLAY DiSTRICT". _ - ' - . JED:kkh � City of Mendata Heights Dakota County, Minnesota RESOLUTION NO. QS- 6 �. RESOLUTION APPROYING A YARTANCE ALLOWING CUNSTRUCTI4N OF A TIiREE STORY SINGLE FAMII.,Y RESIDENCE 1N THE CRITICAL AREA 4V]CRLAY DLSTRICT � WHEREAS, Bernazd T. Stroh {the "Applicant") has applied to the City of Mendota Heights {the "City") for a variance relating to the construction of a single family hame within the Criticai Area Overlay District at that certain property located at 1128 Sibley Memorial Highway and legally described as the West 35 feet of Lat 10 and the East 2S feet of Lot 11, Beaudette Additian, and the vacated "Q" street adjacent, Dakota County, Minnesata {the "Site"�; WH1,1tEAS, 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; WHET2�AS, the City Council deems that the impact on the sloping and wooded nature of the Site is m�inimized and the wooded character of the carridor is preserved by stepping the praposed single family residence up the hillside on the Site, in accordance with the Applicant's site plan {the "Site Pian"), thereby reducing the amount of tree removal and grading; 'VYHEREAS, the City Council deems that the Site Pian also minimi�.es any negative impacts on the natural surroundings and will not impact the view or sight Iines of neighbaring properties; W��12EAS, the City Council deems that the proposed single family residence described in the Site PIan unll not deirimenially affect the surrounding progerty values or the rights af other neighboring home owners; WHEREAS, the City Council deems that the grandng af the conditions contained herein are consisient with the management policies of the Cri�cal Area flverlay District as cant�.ined in the Critical Area Overlay District Ordinance; and ,� WHEItEAS, the City Council deems that there is a public benefit in preserving the majority of the Site hy allowing the design of #he pragosed singie fa�mily residence to exc,eed 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 pverlay District Qrdinance, subject to the fallowing conditions: 1. Variance. A ane-story height variance for the Site allowing a three-stary single family residence, in accordance with the Si#e PIan, instead of the required twastory limit far single family residences. � � 2. Code Enforcement 4fficer Review and Approval. The fallowing matters shall be submitted to the Code Enforc�ment Officer of the Cifiy and must be approved by ihe Code Enforcement C}fficer, in his sole discretion: a. a svil boring, gr�.ding and erosion cantro2 p1an for the Site; b. a drai.nage pian shawing the drainage under the driveway at the Site; and c. a plant restara.tion p2an for the Site. 3. Snow Fence. The Site PIan must be supplemented to provide a pIan for the installation of a snow fence to protect e3ci�sting trees at the Site and such pian must be acceptable to the Code Enfarcement Officer, in his sole discretion. 4. Faundation Size and Hei�ht of Single Family Residence at the 5ite. The variance granted herein shall autamatically terminate and be of na further force and effect in the event that either the foundation foatprint af the single family residence ar the keight of the single famity residence is increased fram the foundation footprint and height parameters set forth in fihe Site Pian currently an fiie with the Code Enforcement Officer. Adopted by the Mendota Heights City Council this 21 day of November, 1995. CITY COUNCIL CITY OF 1�g,N!)GTA HEIGHTS �y �-� �- �I-�►�'-.�z Charles E. Mertensotto, Mayor ATZ�T: �-�.c.--� �u_�- ,..,�-z�-�--. een M, Swanson, City Clerk This instrument was drafted by: WINTHR4P & WEINSTINE, P.A. 3200 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 5S1Q1 sTr:ias�sai � � • 1:r1 � • • 1:ri August 29, i996 TO: Mayor, City Council and City Administrator FR4M: James E. Danielson, Public i�4Torks D' SUBJECT: Tra�fic Signal Update At the August 6, 1996 meeting Councilmember Smith inquir+ed about two traff'ic signal lights, one at Dodd (TS 149) and Mendota Heights Road and one at TH 1 i0 and Delaware Avenue (CSAH 63). Dadd and Mendota Heights Road Councilmember Smith's, inqairy was concerning the b:affic dela.y associated with this signal. To abtain an answer to her question, I contacted Mr. Bob Betts, Mn/DOT's staff member in eharge of signal operatian. �Iis r�;sponse was, that the szgnal. is set to operate in two modes; a 100 second delay cycle in the morning, that is designed to coincide with the arriving schaoi tiaffic, and a 75 second deiay cycle for the rest of the day. These delays are the maximum delays that will occar when traffic is heavy. This signal is also connected eiectranically to ihe two signals ta the south for coordinatian and pmgression, this will atso cause some longer delays when seemingly no traffic is caming. This summer Mr. Betts did not �nemove the schoal cycle when schaol was out. The lights, therefore eontiuued ta cause Ionger dela.ys at times when school fiaffic wauld be arrriving. He agreed ta adjust the cycle immediately to a"summer" setting. Th�is summer cycle reduces the cycle time to a maximum af 75 seconds. He alsa removed the signal's canne;ctian with the other two signals and is letting it operate on its own. These adjustments have � "� improved the signal's operation noticeably. The left turns an Dodd Road at Mendota. Heights Road are "protected" (a motorist can pnly turn left on a green arrow). Mr. Betts says that MnDOT will not change these signals to operate in the "pratective permissive" mode, wluch means after the arrow is off motorists can still turn left when b:aff"'ic allows, (similax to Lexingtan and TH 114}. They will not make this change because of safety concerns. MnIDOT feels that there are three safety concerns; 1. The s��eed is tao high through the intersectian, 2. �ight distance is limited, and 3. The road is too wide. � M s � . ! , 1 ' � *ii'�� Cauncilmember Smith also inquired about adding a left turn Iane to Delaware Avenue at its intersection with TH 11Q. Mr. Betts stated that he was unaware of any problems with left turners at this location, however he would not object to the addition of left. tum lanes. He tald me that because Delaware Avenue is a County Road, they would tie the agency responsible for funding and constructing the work. I then called Mr. Pete Sorenson, Dakata Caunty Traff"xc Engineer to discuss what the County's pasition would be on adding 1eft turn lanes at this lacation. Rrlr. Sarenson stated that he tao has received no complaints and was nnaware of a problem. �ie did acknowledge that Delaware was a nazmw two Iane road at this locaiion and that upgrading its intersection with TH 110 wauld he appropriate. He stated that he would support County participatian in funding the upgrading by adding turn lanes. 1'he project wouid need to be placed on the County's CIP far funding approval. The County's CIP is currently being rev%ewed for 1997 so if Mendota. �Ieights desires to arder the work for neact year, we would need to act fast. Fmm past experiences, without a detaiied study, Mr. Sorensan knows that upgrades such as th%s cost appro7cimately $250,000. The cast split on County Road constiuction between the County and City is 55 l- 45 °b , therefore if the City desires to caoperate with the County on this project our s�are would be approxiumately $100,000. We would need to determine a City funding saurce for this project. The only saurce that I can think af would be to utilize "off system" MSA funds which carries a penalty when used. � �I ! ► � i �t� 'J!! Submitted for Gouncil.'s information only, Council needs to deterctune if they desire to take any action on participating with Dakota County in upgrading Delaware Avenue at TH 110, either next year or in the near future. �-� �� • 1 i i • 1:� U1�l�1�i7 - August 20, 1966 TO: 1Vlayor, City Council and City Ad ' tor FROM: Paul R. Berg, Code Enforcement 4fficex (�/�.3 \ SUBJECT: Requested Sign and Awzung Pernut I�Y � C 1 1. JI M I�A Garven Greetings, Inc. will soon be accupying the newly rernodeled off'ice located at 1450 Northland Dri.ve. Council may r�:call their approval of exterior work to the building at i450 North:land Drive. Since that time they have been remodeling the building to accommadate their business. Naw that Cxarven is getting c2oser Lo c�ccupance of the buiiding they wish to install a sign on the building and canopy over the entry of the building. Please see letter af intent and dxawings of the sign and awning. The proposed building sign is 5' tall and 16' Iong which will contain 80 square feet of signage. Thi.s sign is proposed to be lit from above at the top of the sign, The entry canopy will be 8' above the e�sting side walk and 6' 6" wide. The distance from the bottc�m af the Ioose valance to the peak on the canopy will be 4 feet and it will project aut from the face of the building nine feet. The gable end of the canopy will contain the Garven Greetings G Logo. ;_ 1 ��1 �t� � Y 1 � Staff` would recommend City Council appmvai of the requested sign and canopy. Both pnogasals are permitted by Zoning Ordinance and do not violate any af the Zoning C}rdi.nance requirements. : M � � �__ � 1i� �r If City Council wishes to implement the staff's recommendation to approve Garven's request it should pass a motion granting appmvai far the x�eqaested sign and canopy. ,:�. f��/1511;='�5 14:6�i 16129425�18 ., � GA�UEN INC PAGE 61 �. �• - �iR V 1'i� �l,�l�. Garvez� Jnc. designs and distzzbutes custom printed and stock gift hags, wrappxng paper, partywace accessaxies and xelated stationery ite�s for resatc. �'he cotnpany sells primaxi�y to nationa! retail cha�ns, independent gift shops, d�u$ stozes and supermarket chains. The max�Cet as national wirh some d�stribution in Canad.a, Puerto Rico and Mexico. 'Z'l�.erc are approximate�y 2Q� cu�tomcxs including campar�ies such as Target, Toys�R-Us, American Az�ug, Osco, Paper Warehouse and Supervalu. '1"}�e company was siarted in I98? by Maureen (Renes) az�d Margaret (Peggy) Carven. Currez�tly, the company employs 13 full rime and 4 paz�t-time peaple. Garvez� Inc. is a zapidly gxowing compaz�y which n�aeans the �umber of customer visits and truck deliveriEs haS alsa increased. Therefore, a sigz� is very important for identificat�on of oux company. Tl�e awning ovez the frant entrance w�ll provide our customezs protection from the outdoor elements as tk�ey enter th,e building and help give a three dimensional look to the buxidx��. 1450 Northland Drive . (d12} 686-7044 Mexxdota Heiglits, MN SSI20 W �� -�-, ub 1`of � o�SOG7'� . .. � � `�,��5 � � �r°1 ,� �._ ��M ��OV��o� 1�J,Lu� � t„�f � ; �o <*-7 ��a ` � `1 ,� � � � ��,�� ,��,�� , ua�� ; ..�a};.� ��,.�� .. F--- Ql --�, � M�rn �. �� S . `m-,��,s LE _ �,�c � -`�',,,,. u a �,�10 n a � � „�.s ^o � � . � _.___—._ � _ , ' .� � � �o��T, � , ( aac — . �r�o�ro7 � � , ' P�sodo.,�`� �'°� � ,� ��o��,� �.�; � 5 ��_ 'a�;.,,� �-,�.,�o �--t` �'��'—�.a5- � -�•--"�>>�v �F;S �'�so .a1d i o � SS u" 1.�9 �."'^„d '-�S � T-{`� �,-�`„'�`t� c�f�l �`r�-5� s�t,:� 1-�,�.��..,1� , . . . , -. . -, . C. � _ � �y 1 CITY OF MENDOTA HIIGHTS . August 30, 1996 TO: Ma.yor, City Council and City A r FROM: Larry E. Shaughnessy, City Treasurer SUBJECT: Donations The City has received from Mendota Heights Animal Hospital (Dr. Tom Koepke) donations in the amount of $100.(}0 each for the use of the Police, Fire and Park Celebration. ; � � � t .� 11�_�1 The Council should acknowledge the donations from Dr. Koepke, and thank hi.m for his generous contributions. 1 M��do�a �-I�i��j�� ir�al �-Io�gpi al • � • . , - �� , �� Wednesday, August 7, 1996 � Mendota Heights Parks Commission Mendota Heights Police Department Mendota Heights Fire Department Dear Staff, At this time of year as we all celebrate the joys of living ia Mendota Heights I pensively consider the benefits of being a home owner and doing business in our city it is time to show my appreciation for all the benefits of our "sma.11 tbwn" within the metro area. The fourth of July fireworks were a very nice close of an evening. I was delightfully surprised by the variety of fireworks. A fun presentation. As a biker I have enjoyed the trails being developed within the city and beyond. Very well ma.intained and free of litter. I do not use the parks at all but certainly appreciate their availability to families in the community. The little kid in me enjoys seeing the fire truck speed by the animal hospital always hoping they never have to stop at my home/business. Over the years I have been sporadically supportive of the fire department and certainly appreciate the annual visit of Paul Kaiser at the animal hospital. It is definately nice to have a fire marshall looking over my shoulder to make sure this animal hospital does not cause the need to use the fire department. As a city we are so fortunate to have the committment/dedications �of a volunteer fire department. As a watchful citizen I am proud of their achievements. The police department has been extremely supportive to me and the animal hospital over the years. I appreciate their willingness to assist with a variety of requests/frustrations. The department has expanded greatly over the past twenty years and I really know very few of the officers on staff yet I continue to hold them in high regard and with much security as a practice veterinary medicine and live within our community. Please accept the enclosed check to each area of our community. The animal hospital has matured in its ability to generate revenue under my leadership yet I feel a real need to support and contribute to the city of Mendota Heights. Despite all the minor differences in goals/opinions we have a good city. Thanks to everyone for their commitment to making the city of Heights a safe/community orientated/practically firnctional p e � N.� rflota ve. �.s,��'�. � �� 1 � % 1�� 1� � �� - • �- �� `' • < </ -�~ � �� __�i �f/�� 19�8 �odd �sa Me�d.o�a �r�t��ts, ��a i5118 ��2�+�+3�5� ` CITY OF MENDOTA HEIGHTS . , August 30, 1996 ! �.��"� TO: Mayor, City Council, and City Admuustrator FROM: Marc S. Mogan MSM Civil Engineer SUBJECT: Authorization to Proceed with Preparation of Tilsen's Highland Heights Street Reconstruction Feasibility Report DISCUSSION• Mr. Stanley Karon, of 1764 Douglas Court appeared at the August 20, 1996 Council meeting to present a petition (see attached) on behalf of residents in Tilsen's Highland Heights in support of a possible street reconstruction project for their neighborhood during the 1997 construction season. Council directed staff to �view the City's ability to fund another street reconsttuction in 1997 before making any commitments to proceed with a second impmvement project. Larry Shaughnessy has reviewed this situation and has determi.ned that the City would be able to fund a second project (see attached). The combined scope of street reconstruction projects for both Bunker Hills and Tilsen's Highland Heights would be slightly larger than that of Friendly Hills. While this would be a significant amount of work, it is something that Engineering Department could accomplish if the field surveying work could be completed this fall. RECOn�IlViENDATION• Based on the interest expressed in the petition recieved from property owners in the Tilsen's Highland �Ieights neighborhood, I recommend that Council order staff to prepare a street reconstruction feasibility report for the Tilsen's Highland Heights neighborhoad. ACTION RFAUIItED: If Council desires to implement the recommendation, they should pass a motion adopting Resolution No. 96- , RE50LUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR STREET RECONSTRUCTION IN TILSEN'S HIGHLAND HEIGHT5, TII,SEN'S ffiGHLAND HEIGHTS PLAT 2, AND TILSEN'S ffiGHLAND HEIGHTS PLAT 3. _ M_M � _' ►il�l►11TlTIM/e :1�[!'�.� r� � August 16, '1996 To: Mayor and City Council • Fmm: Kevin Batchelder, City A r Sub,�ect: Petitian fmm Tilsen Hightand Heights for Street R�esurfacing In July, ihe City received a petitian from 42 residents in the TYls�n �iighland Heights aeighborhoad requesting that their st�et,s be resurFaced. City Gouncil was infar�med of tlus � petition and iold that it would be pa�e,sented at a Ccauncil me�ting when the Bunker ��1Is Stree� Impmvement Praject was bmught fo�vard. (Please see attached petition and cover letter from Mr. Stanley l�aran, 1764 Douglas Court.) . The stneets in 'I�llsen Highland Aeights may be beyond typical street repaars that are budget�ed in the annual st�t maintenance budget. Mendata Heights typically considers one Street Recc�nsuuction Prajec� per year and in the last several years we have completed projects in London/Downing, Friendly Hills and Valley View Heights. City Cauncil is currently considering ihe Bunker �Eills neighborhaad for 199'7. City Council shauld aclrnowledge the petition from the residents of Tilsen Highland Seights and provide staff with any appmpriate direction. � � � � STANLEY E. KARClN I764 DOUCLAS COURT j �i, F .ry S •++W.! �� •. S : ' ! 4... . � ST. PAUL, MINNESOTA 5511$ r = ; ; � = j • �;, ' � < `: �� t :,� ' � = �r'-�-�-�•�...��,.� 3..i?.�k=,�...,� {6i2} 452-i372 ;;� Y� � r' c� Lt � � f{(19 [� t f�� tj � � .: •i'i:' .� :r Office-of the Mayor ��':;:y::... j_�=",�k E--�': :- City of Mendota Heights , _ �� - •- � •� � - -� �• � _ 1141 Victoria Curve � Mendota Heights, Mn 55118 > Re: Street repairs - Highiand Heights 3uty $,1996 Dear Mayor, � Enciosed are three seperate petidons signed by 42 of onr neigtibors r+equesting imrrieaiate resurfacing of our streets in Highland Heights. if S�ou drive our neighborhood yeu wilt see a Iovely residential area t�lighted by cracked, gached blacktog streets. It has become an eye sore and is emba.rrasing. We ask that our tax dollars (whi,ch continue to rise) be used ta return our neighborhood ta th� status it deserves. Please gass this request vn to Mr. Danielson with instructions to resnz-face ovr streets this year. �- �._ ��,r "�`r"' /:�'.—'+�� STANLEY E. KARON .. � PETITION FOR STREET IMPROVEMENT IN HIGHLANU HEIGHTS, MENDOTA HEiGHTS, MINTF] ;SOTA May 27,1996 � � . We, the residents of Highland Heights request the City Council of Mendota Heights, Minn to inunediately resurface the stre�ts in aur neighborhaod. We are proud to reside in a beautifui and premium neighborhood: but are very concerned with the broken, taitem.d and pot holed littered streets. They are a true eye sare and da not reflecf the image this neighbonc�fad deserves. A,ccordiugly, we the residents of Hightaud Heights request the City Councit of the;.City of Mendota Heights to immediately resurface our street.s withaut unreasonable delay; as thier broken conditian has persist�ed far far toa Iung. � , .. .` � PETITION FOR STREET IMPRCIVEMENT IN HIGHLAND HEIGHTS, MENDpTA HEIG�ETS, 1VIINTZFSOTA May 27,1996 We, the residents of Highland Heights reqaest the City Council of Mendota. Heights, Minn to immediately resuriface the streets in aur neighbvrhood. We are proud to reside in a beautifui and premium neighborhooti: but are very�concemed with the broken, tattered and pot haled littered streets. They are a true eye sore and do not reflect the image this neighborhood deserves. Accordi.ngiy, we the residents of Hightand Heights request the City Council of the City of Mendata Heights to immediateIy resur�ace our streets withaut uareasonaible delay; as �thrier broken coudit'ton has persisted far far too iong. NAME ADDRESS .. .r � FETITION FOR STREET IMPROVEMENT IN HIGHLAND HEIGHTS, MENDOTA HEIGHTS, MINNESOTA May 27,1996 � , . We, the residents of Highland Heights request the City Council of Mendota Heights, Minn to immediately resurfa;ce the streets in our neighhorhood. We aze proud to reside in a beautiful and premium neighborhaoc�: but aze very concerned with the bmken, tattered and got holed littered streets. They are a true eye sore and dv not reflect the image this neighborhood deserves. 1�ccordingly, we the residents of Highland Heights rec�uest the City Council of the..City of Mendota Heights to immediately resurface our sbreets �rithout unrea.sonable delay; as � thier braken condition has persisted for far too long. r � i ' 1:� t • � i:� U1�tU i August 3Q, 1996 iQ; �y4Ta City Council and City Admu�istrator FROM: L�a.rly E. Shaughnessy, City Treasurer SUB3ECT: Staceet Levy Several years ago, when the street palicy was adopted an infrastnxcture reserve was established with a levy of $50,OOU to initiate the fund. A,s of the end of 1996, with the Carly pmject funded, the ba]ance in the fund will be abaut $325,000. The levy for 1997 :is a cambined $55,000 for both debts service and reserve. The originallevy was anticipated to go to $i2U,�00 with all projects completed, Within this framework, we should have adequate funds and :future debt service to do both the Bunker Hills and Tilsen projects in ].997/1998. �,t�i� �C�� L� x��.�� c� a� r�# None. For yaur inf'ormation only. � City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 96- RE50LUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR STREET RECONSTRUCTION IN TIISEN' S ffiGffi.AND HEIGHTS, TILSEN' S ffiGHLAND HEIGHTS PLAT 2, AND TILSEN' S ffiGHLAND HEIGHTS PLAT 3 WIiEREAS, a petition has been filed with the City Council requesting street reconstruction to serve properties in Tilsen's Highland Heights, Tilsen's Highland Heights Plat 2, and Tilsen's Highland Heights Plat 3. NOW TTHERFF.FORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the above described petition be and is hereby accepted by the City Council of the Ciry of Mendota Heights. 2. That the City Engineer be and is hereby authorized and directed to prepare a feasibility study as to whether said pmposed improvements are feasible, whether said unprovements should best be made as proposed or in connection with some other improvement, and as to the estimated cost of said 'unprovement. Adopted by the City Council of the City of Mendota Heights this 3rd day of 5eptember, 1996. ATTEST: Kathleen M. Swanson Ciry Clerk CITY COUNCIL CITY OF MENDOTA HIIGHTS : Charles E. Mertensotto, Mayor LIST OF CONTRACTORS TO BE APPROVED BY CITY COIINCIL Concrete/Masonrv Contractor License Mescek, Inc �. .. . -._- Gas Piping Contractor Master Gas Filter's Inc AVAC Contractor Kath Heating, Air Conditioning & Electric General Contractor License Design 1 of Edina, LTD Fenc-Co, Inc Hartman Construction Nordling Construction Co, Inc Drvwall�Stucco Contraetor License �s�halt Coatractor Licease rii'i':;S!'iy:'`t''!".'�i?v'�ijri{i..'i�;titi.ttiP�fiitiyi i.ii�'sti1�.. ^<it.: '::i'%�ii:.,:iii:'�.;a+:L�r°.• , ''v::4_r ;.i:, � ��t.rr,. .i � : z: -'�� _ ' , . ' . . ' � . . .. .��,� _ .... .,. . �J�.�V, " , . � . . . . • .. '. .. ..f . inY"�a��''��'�?„,ir .;�3�.:� . . `R="�� "' �: �;.'�.r. ;,:i":�+:�'�'��` ��"'^d� � 'j��':��-' w:, ^e a . 71 '+�`•iFi•�•.,. , ' i� ; � _ .. ; � . , .�: . : . . . . .... . . � . 'r.C'.:$r:.1�i'•'`•.^ - '• • .... . ' . . . . ...• .. , . . .. 0 September 3, i996' TO: Mayor anB Citg CasmafZ ' C1.ilIMS L.TST SOHMARYS Tota2. 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The meeting w�s caEled fo order at ?:35 o'clock p.m, The fottawing members were present Ghair Qwyer, Commiss�oners Be#iej, Quggan, Friel, iCotl, and �orbecbaum_ The foitowing member was excused: Cammissioner Tiisen. Also present were Public Wotks Direc#or .iim Danielson, Planning Gonsuitant Meg McMot��gal, Administrative I�tem Pa#rick Hol[ister, a�nd Recordi�g Secrefary Cheryl Wallat. APPROVAL OF MINUTES Commissioner Ouggan moved approval of ihe Ju[y 23,1996 minutes with correcfians. Cammissioner 8etlej seconded the motion. AYES= 4 �AYS: 0 QBSTAIN: 2(Chair Dwyer and Commissioner Lorberbaum) MOTION CARR[ED. CASE NQ. 96-25: EtIANS - DRIVEWAY SETBACK VARIaNGE Chair Dwyer announced the ca�e and reviewed the request of the appiicants, Robtey and Jvan Evans, who appeared and addressed the Commissian requesting a three faot variance #o the side yard iequirerr�ents for a driveway to park f.heir camper within two feet of fhe east property line. The Evans �tated they would be �iso w�tling to Insta!! a€�nce. They further nated they had obiained signatures ftom each of #he affected neighbors_ Mrs: Evans added that upon a suggestian from Comm�ssioner Duggan, she had approached Mc. Gryc, their neighbor� and inquired if he wouid be willing #a sell them twa feet af space, hcwever, Mr. Gryc was noi inierested in this. . Ca�mmissioner Duggan noted the camper could be s�ored �n the existing three stall gar�ge, however, suggested another al#emative would be to remove p�rt of 09/03/96 TUE 08: 39 F_� �-+-► �fENDOT� $EIGHTS �] 002 � . the cuRent fence which would allow the camper to be stored in the rear yard. ln addiiion, this would not require a variance. Chair Owyer also noted the existing garage is a three stall garage and should provide sufficient space for the camper. � Commissioner Lorberbaum stated she ls sympathetic to the situation of fhe Evans, however, she did not feel this situation created a sufficient hardship to allow the granting of the variance. She noted off-site storage was another altemative. Mrs. Evans commented off-site storage becomes more of a financial issue. She also commented they would need a variance for the concrete to get around the northeast comer of their garage. Commissioner Duggan suggested the Evans retum with a drawing of what they are requesting. Commissioner Betlej was concemed with granting a variance. Commissioner Friel commented wiih �espect to the hardship requirement and the issue the Planning Commissioner has placed before the Ciiy Council wifh respect to an � amendment io the ordinance whicn woutd permit fhe Planning Commission to grant a variance under the circumsiances where a hardship does not exist wiihin the meaning of the ordinance. To date, the City Council has not amended ihe , ordina�ce and, therefore� the P(anning Commission is constrained to comp�y with it. Commissioner Kolf expressed concem regarding the undevefoped lot and the impact this would have on a future owner. Commissioner Koll moved to recommend the Ciiy Council deny the request for a driveway setback variance. Commissioner Lorberbaum seconded the motion. AYES: 6 NAYS: 0 MOT[ON CARRIED. CASE NO. 96•28: PIRKL - LOT DIVtSfON Chair Dwyer announced the case and reviewed the requesi of the applicant, James Pirtcl. Mr. Pirkl appeared and addressed the Commission requesting approval to divide his existing lot located at 610 Callahan Place into two Iots. Mr. Piricl's existing lot is approximately one acre in size. He proposes dividing fhe fot into two parcels, one being 23,235.9 square feet and another being 2 � 09/0�3/96 TLTE 08:40 F.� -+�-+ MENDOT� HEIGHTS �I003 30,052.5 square feet in an "L" configuration. The new tot would have 104 feet of frontage on Cal(ahan P[ace� leaving 138 feet of fron#age for the existing home_ Mr. Pirkl noted he is in agreemeni with the suggestion of City Sfaff to remove the dtiveway to be five feet from the property line. Commissioner Duggan expressed concern regarding a further subdivision of the property. He also noted a stake which was present on the property depicting the new proposed property line. He noted it appeared to be perpendicular to the watf of the hvme which is not in agreement with the drawing which had been provided. Mr, Pirkl stated his understanding it is not paraflel to the house, but rather it is at a slight angle. He further noted the measuremen�.s had been esiablish by City Staff. Commissioner Duggan noted a pote�tial for three homes on the site and he did not feel f(�is would relate well to the homes i� the area in re(ation to size. Commissioner Lorberbaum noted the same concerns and inquired wiih respect to the placement of the driveway. She furfher noted pfans for the driveway move along to the south. Mr Pirk1 corifirmed fhis. Commissioner Lorberbaum questioned where the road access would be. Mr. Pirkl stated the road access would be along to the southeast just off of the cul�e sac. He noted a plotted road exisE,s ai that point. In the aliemative, Mr. Pirkl stated he would pave the road at his own expense. Commissioner Betlej would rather sse iwo somewhat rectangular tofs as a part of the subdivision due to potenfial probtems with comer maintenance. Chair Owyer c(arified fhe applicant is proposing to put a house on I'arcel B in the southeast comer.� . Commissioner Friel did not fieel at this point in time tiie Planning Commission has the authority to discuss the shape of the Iot or the placement of the home at this time. He noted those issues would arise at the time application is made for a building permit and po(nted oui fhis is a fot split rather than a subdivislon. Commissioner Koll expressed concem with placement of any dwelling, stating her major concem is with the w(dth of the lot which is tess than 100 feei. She informed Mr. Pirkl the Planning Commission wou(d not be in a position to grant any variances. Mr. Pirkl noted thai was his understanding. He commented he is ptanning to build a home which is sfightly targer than his present home which is approximatefy 1,500 square feet. Chair Dwyer noted the Planning Commission is not in a position to consider any patential siructure which is proposed for fhis siie at this time. Commissioner Bet[ej commented on a i 0�'ooi rear setback which was indicated on the drawing when a 30 foot setback wou(d be required. Commissioner Lorberbaum asked for a definition of the rear (ot (ine. Pub{ic Wo�ics Director 3 09/03�96 TL�E 08 4o Fa� -+-�-► MENDOTa HEIGHTS �004 � Danielson clarified the front lot line is fhe narrowest tot line abutting fhe street. The rear lot [ine wauld then be opposite vf the front lot line. Chair Dwyer wamed Mr. Pirkl he wauld proceed at his own risk with respect to the locafion of a home on Parcel B. Mr. Pirkl stated this was also his understanding. Danielson c(arifed Mr. Pirkl will be allowed to determine the front lot line and the rear lot line would then be the opposite. Commissioner Friel moved recommending Ciiy Council approve the Iot division for 610 Caltahan Place subject to staff recommendafions. Commissioner Duggan seconded the mction. AYES: 5 NAYS: 1 (Commissioner Betlej) Mr. Pirki asked Commissioner Beflej the nafure of his objection. Commissiorier Bet(ej stated his objeciion is the confusion with respect to the rear setback line and if Mr. Pirkl develops ihe lot in a fashiort consistenf with ihe drawing, he woufd be able to build within 10 feet of the lot line. MOT{ON CARRIED. CASE NO. 96-26: BECKMANN - HEIGHT VARIANCE FOR RADIO TOWER Chair Dwyer announced the case and revlewed the request of ihe applicant, Paul Beckmann, who appeared and addressed the Commission requesting a variance to the maximum height requirements in an R-9 zoning district for an amateu� radio tower to be locaied in his rear yard. He requested an eight foot variance to allow fhe structure to be 33 feet in height� which is s(ightly higher than his home, in orde� to provide an unobstructed view of the satell�te horizon. Mr. Beckmann sfated he has an FCC (icense for this activity. He furEher noted he wou(d need 33 feet to clear the roaf ridge on his home and gain access to a substantial part of fhe horizon which would otherw�se be blacked. Chair Owyer asked for an exp{anation of the hardship and also suggesied the applicant utilize the roaf to establish an antenna. Mr. Beckmann staied the suppart siructure cauld be p(aced at 25 feet, which could be done without a variancet however, the aniennas mounted an the support structure would, with a 30 to 40 degree rotaiion, be Iooking directly inio his home. Mr. Bec[cmann afso siated at 33 or 25 feet, the surrounding homes would create an obstruciion which wauld greatEy compromise any communication capabilities. Mr. 6eckmann 4 .09/03'/96 TUE 08: �1 F��i -+i� MENDOTa HEIG$TS � 005 stafed the hardship is a technical difFcu[ty. He explained the satellites need the abi[ity to track satellites traveling overhead. Chair Dwyer asked if fhis operation was part of the applicant's livelihood or if the app(icant were a part of any type of defense network. Mr. Beckmann stated neither of these would be applicable. Commissione� Duggan noted two neighbors are not happy with the request. He stated he would be comfortabfe with the proposal and did not feel it was excessive. He felt it would be unfair to limit someone in pursuit of a hobby. Commissioner lorberbaum visited fhe Finn's home and noted the antenna would impact their view. She also inquired when the applicant would be using ihis equipment. Mr. Beckmann noted it would be utilized primarily during the week during the hours of satellite availability� approximately 6:30 p.m. to 10:00 p.m. Commissioner Lorberbaum asked if lt woutd be feasible for the applicant to use a retractable antenna which would not be visible when the equipmerrt was not in use. Mr. 8eckmann noted a retractable antenna would be a possibility. Chair Dwyer inquired with respect to fhe maximum profile ofi the antenna mounted on the support structure. Mr. Beckmann noted the maxlmum elevation would be approximatety 42 feet which is 9 feet higher than the support structure. Mr. Beckmann nofed fhe duration of time in which the satellite wou{d be overhead would be very short. Commissioner Beilej noted a variance would need to be granted to the very highest point possible. Commissioner Friel asked how far over the ridge line of the house the antenna would extend at its maximum height. Mr. Beckmann stated it would be nine feet. Commissioner Frie( pointed oui�there are numerous antennas on homes througheuf the city which exceed ihe ridge line of the home for purposes of receiving television signais. lf the antenna were affuced to the roof of the house, it would�'t exceed the height of many television antennas which exisi throughout the community. Commissioner Frie( noted there would not be a hardship wF�ich is necessary for a varianoe. He further inquired if ham radio operations had interte�ed with oiher electricat signals. M�. Beckmann stated that has happened, although he �oted a federal process oould be brought to bear upon him, as an amateur radio operator, to rectify any situation which might arise. He stated he would be more than willing to work with his neighbars to resolve any situations which might afise, although problems have not occurred during his years of operation. Commissioner Friel commented the interference would need to be rather significant before the FCC would be inclined to ac� upon i�. s 09/03/96 TtTE 08: 41 F�� ! -►�-► MENDOTa HEIGHTS ' C�j 0,06, Commissioner Koll as[ced if the cross boom wo�ld involve both vertica( and horizonta! rotation. Mr. Beckmann expfained the mechanism would be able to point at any given direction in the sky. He further explained the maximum profile is 9 feet poiniing straight up with 11 inches of very tF�in wires on eiiher side. Commissioner Koll expressed her disagreement with the recommendation of the City Planner as well as concems with respect to aesthetics. She pointed out some of fhe newer equipment has filters to prevent elecfrical inierference. Commissioner Ko(I further stated this is of concem as it cannot be proved or disproved. She noted this is a hobby fvr Mr. eeckmann, however, it would be a problem with respect to the comfort of other neighbors in the community. Mr. 6eckmann stated the Amateur Radio Service has been recognized as a national asset in a number of federa( documents. He pointed out ii is much more than a hobby, however, he does not feel it is not a frivolous aciivity of benefit only to himself. Ct�air Dwyer asked if there would be noise involved with the rotation of fhe anienna. Mr Beckmann siated there would noi be noise produced. tn terms of hardship� Mr. Beckmann asked to have Mr. Gary Lysiak, Owl Engineering, Inc., address the Commission. Mr. Lysiak stateci Mr. B�ckmann's equipment would not cause intecference with other electrica( items in the neighbothood. He pointed out ihe satellites are visible for only 10 or 15 minutes. Mr. Lysiak stated the hardship beoomes if Mr. BecEcmann's antenna is below his roof line, he will lose his connection. He further stated 33 feet woufd be very poor use of what he is trying to accomplish. Mr. Lysiak also pointed out Mr. Beckmann can use the radio for only a very short period vf time_ Commissioner Lorberbaum asked if tiie applicant could use a retractable antenna. Mr. Lysiak siated the cast wou[d increase dramatically in that it wou(d require motors to retract and extend the antenna_ He stated the antenna is very smail and would be afmost unnoticeable. Commissioner Frie( commented thai hardship, within the meaning of the ordinance, would resufi in the property owner not being ab[e to put the property to a �easonabte use, which is not the case. Mr. Lysiak siated Mr. Becicmann loses the abifity to operate his equipme�t without the variance which is a hardship in thai if limits his communication abilities. He fe(t granting fhe variance would represent a reasonab(e accommodation. Chair Dwyer c(arified a hardship wou(d be required to meet the requirements of a variance. He noted the Planning Commission would leave it up to the Cify Co�ncil if, in the absence of a hardship, they are inclined to permit the variance. _ 6 �09/03'/96 TUE 08:42 FA� -►-+-► MENDOT� HEIGHTS �IOOi Commissioner Friel pointed out reasonable accommodation would mean to reasonably accommodate a communication system in fhe community. Chair Dwyer opened the public hearing at 9:10 p.m. Dennis and Bvnnie Finn, G45 Wesley Lane, appeared to address the Commission. The Finns presently live across the s#reet from Mr. Beckmann. They moved from another neighborhood where a neighbor had installed a ham radio antenna which prompted them to move io Mendota Heights. Mr. Finn feels his view line wif! be obstrucied by the antenna and will negaiively affect his property value. Mrs. Finn noted interFerences which were enoountered with the last situation. She also stated the equipment was nat fully exp(ained to the neighbors who signed thei� approval. Mrs. Finn also noted this project was explained to neighbors within a 100 foot parameter, however it was her belief many more would be affected by the installaticn of this equipment. Chalr Dwye� pointed aut Mr. Beckmann could install the equipment in his y.ard and the Ci#y would nat have any say about i� Mr.�Danie(son nvted it could be constructed in a side yard without City approval_ Cindy Beckmann addressed the Commission and sfated the Finns were asking for zero tolerance and she felt there shoutd be a reasonable toferance and cooperation within the neighborhood. She noted instances where she had been to(erant of the Finn's cats in ihe neighborhood. Commissioner Bet{ej moved to close public hearing. Commissio�er Friel seconded. Chair Dwyer closed ihe public hearing at 9:16 p.m. Commissioner Koll commented many residents who would have fuf{ view of the equipment were not aware of fhis request. Chair Dwyer indicated a Iette� had been received from Jan and Jim Schueppert relating concerns they would be able to view this equipmen� Mr. Beckmann noted the SchuepperE's property is approximately 800 feet from his property and one of the major pieces of the structure is a 2-inch diameter mast wf�icfi would not be visible at 800 feet. He feft the Scf�uepperts were over reacting. 1Nifh respect to the Finns, Mr. Beckmann siated as he visi#ed neighbo[s regarding their approval� he asked them to call wiih any questions or concems. Commissioner Koll asked for cfarification of the lattice dish which is a part of the equipment Mr. Beckmann explained fhe dimensions of the dish. Commissioner Duggan asked if the app(icant would be willing to paint the tower to maich the oolor of #he home #o appear less noticeable. Mr. 6eckmann stated 7 09/03/96 TUE 08:42 F�?� -+-•-+ 11fENDOT� HEIGHTS 'f�J008, if that were at issue� ihen he would ask a reasonable determinafion be made with respect to the color difference of the towe� and the back stucca of the house_ Commissioner Duggan observed fhe Commission has deali with the r�que$ts of A'T?. as welf as others, requesting to establish 125 and 75-foot towers as opposed to this applicant requesting a 33-foot antenna witi� a 9 fooi tcwer. He pointed out there are at least three o� four more subsfantial towers which wi11 be erected on the top of Sibley High School for cellular phone capabilities. Commissioner Frie1 moved recommending to the City Council denial of the request €or a variance for an amateur radio tawer as it faiis to meei the hardship requirement according to Ordinance 7.4, Section 2. Commissioner Koll seconded th� motion. Commissioner Betlej commented Mr. Beckmann could have come to the Cammission with a request for a much higher tower, however, the Commission moves by the strict n�les of the ordinance. Commissioner Duggan nated in Ordinance Sec�ion 23t which provides for additional requirements, excepiions and mvdifications, the City indicates that height iimitations set fo�th efsewhere in the ordinance may be increased by 50 percent, when applied to the following strucfures. Flagpoles were listed as an example. AYES: 5 NAYS: 1 (Commissioner Duggan) MOT(4N CARRIED. Commissioner Lorberbaum expressed her appreciation to Mr. Beckmann %r his .hone�ty and completeness with respect to his description of the equipment Mr. Beckmann assured the Cammission he would revisit ihe neighbors prior io his request coming before the City Counci) for their consideration. CASE NO. 96-24: OLSON - CUP Chair Dwyer announced the case and reviewed the request of Mark OIsoR who appeared and addressed fhe Commission requesting a Condifional Use Permii for a defached garage at his home located at 832 Wagon VI(E�eei Trail. He expfained the home had had a one ca� detached garage which was recenfly 8 .09/03'/96 Tt1E 08: �3 F�� -►-►-► MENDOT� HEIGHTS f�009 removed. He noted he would like to replace that garage with a 2 and 1/2 car garage which is not ab(e to be attached to the home. Chair Dwyer inquired if this request had been discussed with his neighbors. Mr. Olson noted that had not been done at this time. He noted his property is surrounded by trees and the property is obscured from the neighbors. Commissioner Koll commended the applicant on the proposed plans. She expressed concem with respeci to the bushes on the side of the home and fhe 'f 0 foof setback which would require the removal of the bushes. Mr. Olson noted the driveway would not be moved and did not feel fhe bushes would be affected. Commissioner Friel commented fhe driveway had bee� grandfathered in as noncortforming. City Planner McMonigal confirmed this and noied Mr. Olson intends the driveway wil( be used as it exists. Commissioner Betlej noted the driveway should be drawn to scale on the .. � diagram prior to being submifted to City Council. Commissioner Duggan asked if the semi-circular driveway would remain. Mr. Olson does not anticipate making changes to the driveways or trees which are now in pface. , Commissioner Duggan asked that the defrned path be part of the drawing . submitted to City Council for their consideration with accurate measurements. Chair Dwyer opened the pubiic hearing at 9:40 p.m. There being no public testimony� the public hearing was closed at 9:40 p.m. Commissioner Duggan moved recommending to City Council approva! of the Conditional Use Permit for a detached garage subject to fhe new garage meeting all aoning and setback requirements and any new driveway area is to be set back five feet from the property line as well as submission of a scale diagram indicating the location of the driveway. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 MOT[ON CARRIED. CASE NO. 96-29: BLACKFELNER- CUP QND SIZE VARIANCE �OR DETACHED G�4RaGE � osioaiss Tt� ia:2o Fa� -.-►-► a�rrnoTa �Ic�rs ��Ioo2 � � Chair Dwjrer annvunced fhe case and noted the applicant, Hugo Blackfelrier, wifhdrew his application for a Conditiona( Use Permit and a variance for size for a detached garage at his home at 1026 Highway 110. , CASE NO. 96-2i: WOOLSEY - WETLAND PERMIT Chair Dwyer announced the case and reviewed the request of Christopher Woolsey who appeared and addressed the Commission requesting a Weilands Permit to add to his home at 2316 Lemay Lake Road. He explained the proposed excavation would be within approximately 81.5 feet of Lemay Lake which woutd require a Wetlands Permit. Commissioner Friel asked if Mr. Woolsey has contemp(ated a deck being added to the home in the direction of the Ialce. Mr. Woolsey noted there is a front.pQrch on ihe home at the prese�t fime. Commissioner Friel inquired if the porch is part of the 18.5 foot encroachment. Mr. Woolsey was uncertain of this. Commissioner Koll inquired with respect to plans for the addition ofi a garage and if the sttucture would be closer than 81.5 feet to the lake. Mr. Woolsey commented he would like to have a front porch on the home at the second level whicFi would extend an additional 10 feet. The home is currently a walk-out towards the lake. This would result in a 71.5 foot encroachment. Commissioner Betlej stated ihe extent of the encroachment to the lake would need to be clarified. Chair Dwyer asked to see a drawing vf the proposed wrap around porch_ Chair Dwyer noted tf�e ordinance requires a stnacture be set back 100 feei from a wetland and the proposed structure would bring the house 30 feet into the �t 00 foot setback He expressed a cancem ihat improvements proposed not dramatically change what is already there. Chair Dwyer stated he did not fee! the 6x6 posts fcr the porcF� would have a negafive impact on the wetland. Commissioner Lorberbaum asked if a completed application had been submitied. Administrative lntem Hol(isfer noted that Siaff may, at fiheir discretion, deem certain items not applicable. Commissioner Lorberbaum asked if, in this case, a soif sample had been deemed not applicable_ Hollister confrtmed this was cotrect. Commissioner Lorberbaum inquired with �especi to grading and Public Works Director Danielson commented it would be important to fc�ow the app{icant's 1a '09/U3/96 TUE 08:�� F�� i-►-• %ENDOT� HEIGIiTS C�]O11 intentions. Mr. Woolsey stated other than where the new addiiion will be placed, it was not his intention to change any of the grade, but rather to plant grass up to the ban[c Commissioner Lorberbaum asked if enough inforrrtafion had been submitted to atlow the Planning Commission to act on ihis request. Danielson suggested an adequate drawing be submitted which depicts the proposed addifion on this particular [ot. The Ciiy Planner also suggested a survey be submitted which reflects this defail. Commissioner Fnel explained the need for an appropriate survey to locate the setbacks and the proposed structure. Cify Planner Meg McMonigal stated a Certifcafe of Survey would need fo be submitted indicating the Iocation of the bui[ding. She furfher suggested if a porch is to be added on, it should be shown on the survey as wel(. McMonigal explained a Wetlands Permit is requited within 'f 00 feet, however, there is no setback or �ariance required. She noted impacts on the w�fer are not expected if the bank is mainfained. Commissioner Duggan asked if the amount of distance in relation to the permit ,• had been noticed. Danielson stated the addition is within 81.5 feet of the take. Commissioner Duggan noted it is inaccuraie and misleading to the neighbors now fhat the applicanf is proposing a struoture which would subtract another 10 feet which the City was not aware of. Commissioner Duggan noted a Stop Order had been issued since the project had been started without City approval. He fu�ther explained #he reasoning for if�is process. Chair Dwyer poinied oui Mr. Woolsey would need a Wetlands Permit and the size is undetermined at this time. He asked the applicant to come back with a Cer�ificate of Survey indica�ing the accurate distances and any other recommendations made by Staff. Without this information, the P(anning Commission would not be in a position to make a recommendation to the Ciiy Council. Commissioner Ftiel also commented the Commission would be unable to make a recommendaiion to the City Counci( without furfher information. Commissioner Betlej commented on tf'te tuck under garage and inquired what side it would enter on. Mr. Woofsey noted it would enter on the north side. Commissioner Betlej further inquired if the driveway would change. Mr. Woolsey noied it wifl change somewhat_ Corr�missioner Friel moved to table this mafter for consideraiion based upon the further submissions by the applicani. Commissioner Lorberbaum seconded. 11 09/03/96 TUE 08: �4 F.��i -►�-+ MENDOT� HEIGHTS ~� O1� � Commissioner Duggan inqui�ed whQ the builder would be on the projec#, Mr. Woo(sey noted he will be completing ihe work himself. He noted he has a permit issued by the State. . � AYES: 6 NAYS: 0 MOT[ON CARRIED. Chair Dwyer asked the applicant to retum to ihe Sepiember meeting of the Planning Gommission with more complefe Rlans. VERBAL RE1ltEW Chair Dwyer requested a verbal review of the matters which were submifted to the City Council for their consideration. .�� Public Wo�[cs Direcfor Danielson noted with respect to the Eftinger case, City Council granted the variance as recommended by the Planning Commission. , National Rod Ends appfied for a setback variance for a monument sign. The Ciiy Council moved the sign back two feet and added a condition that should the road be widened, the monument sign would be set back a like dis#ance. The Independent Schooi District tequested a Conditional Use Permit for ihe addition of a port.able facility for one year. City Counci[ approved this request as recommended by the Planning Commissian. Pasier Enterprises requested a Conditional Use Permit to utilize some of the excess dirt being generated by the construction of the senior housing facility. City Council approved that request, noting their main concem was to avoid having a(arge number of trucks hauling dirt i� and out. Subsequent[y� Paster Enterprises was unable to acquire the land from MNDOT, therefore, they were required to obtain a permii from MNDOT relative to the fill and MNDOT did not issue fhe permit. This prevented the Conditional Use Permit from being utilized. NSP requesied a Conditional Use Permit for mining, essential services� and a variance for height for a fence on iheir site relative to the substation in Mendakota Park City Council has expressed concem with respect fo noise and a noise consultant was hired and advice was given io NSP on mitigation of the sound. It was determined the transforme�rs are noisy and recommendations were given to NSP who agreed to install the improvements recommended. NSP continues to install berming, landscaping and the extension of a noise wall. 12 Og/0°3i96 TUE o8:�5 Fa� �� ENDOTa HEIGHTS (�oi3 Commissioner. Betlej inquired if there had been any discussion on the variance ordinance. Danielson suggesied a separate memo be submitted requesting a response. Commissioner Friel moved that a memo with respect to the variance ordinance be.resubmitted to the City Councii and a respo�se requested. Commissioner BeE(ej seconded. AYES: 6 NAYS: 0 MOT10N CARRIED. Commissioner Friel noted an ordinance was prepared by #he Planning Commission and submitfed to City Council approximately a year ago, suggesiing the Council could, in the event a!I adjoining property ov+mers signed, waive any objection to a requested variance, aitd gtant the variance under those circumstances even though it does not meet the hardship requlrements. Commissioner Duggan observed the last several witness signatures reflect one person is signing for twc in the home. He suggested individual signatures be obtained from both people in the home. ADJOURNMENT There being no further business, fhe Planning Commission moved fo adjourn its meeting at 10:17 p.m. Respectfully submitted, Cheryl Wallat Recording Secretary TimeSaver Off Sife Secretaria! 13 � ; � _ � YY � ►�1 ►II � : :1 0 TO: Mayor, City Council, and City Ad�udL�a�� FROM: Chris Esser, Recreation Programmer �✓ RE: Report on Fifth Annual Celebrate Mendota Heights Parks! DATE: August 26, 1996 Once again, the annual community celebration, Celebrate Mendota Heights Parks!, was a success. The weather was excellent on Saturday, August 24, as over 1,000 people turned out for the event and participated in its many activities. �- Mendakota Park hosted the celebration and proved once again to be an excellent venue for this community event. Terry Blum, John Boland, and Mike Maczko deserve a ton of credit, not only for their tremendous assistance in set-up, take-down, and maintenance of this event, but also for their year round care and attention to all of our parks. I have received numerous compliments from both residents and visitors to our community that are impressed with the condition of our parks. The parks crew deserves an extra pat on the back for their hard work and attention to our park system. The Celebrate Mendota Heights Parks! Committee begaa its work in April and devoted a lot of time and energy to ensure a successful event. This year's event was successful due to the extensive amount of support from within the community. Community members, groups, and businesses provided new ideas and activities for this year's celebration. Their input and volunteerism are what keeps this event fresh and exciting from year to year. The Mendota Heights Fire Fighters and spouses, Ladies Fire Auxiliary, and Fire Relief Association once again provided the majority of the volunteer labor for this year's celebration. Tlus year they provided and ran the fire truck rides, dunk tank, a sucker wheel booth, and all of the concessions. This event would not be possible year to year without their iavaluable -'�-� efforts and volunteerism. These organizations represent the epitome of community support. They all deserve many thanks and recognition. It is difficult to specifically mention and recognize all of this year's volunteers, sponsors, and contributors, however, there are some individuals and organization that deserve special recognition. Everyone who contributed will be receiving letters of appreciation. 1. M�r� weicenh��r�Pr - Mary selyed her second year on the park celebration committee. This year she provided a lot of organization and hard work. Mary is a ¢ � +� � member of the Fire Auxiliary and acted as a liaison between all of the Fire Department groups and the Committee. She also coordinated the Boy Scout cotton candy booth. Her assistance was tremendous. 2. Rhnnda Ri�rlinu - This was Rhonda's first year involved with the Celebration. She was a member of the Committee and coordinated the new addition of the cr�ft vendors to this year's event. Rhonda also helped with the promotion of the event by delivering flyers on her day off from work! She was also very helpful the day of the event through supervising the craft vendor booths. Rhonda's help and dedication to providing an event she was not previously familiar with deserves recognition. 3. �.pcli .� rnm - Leslie joined the Committee for the first time this year mainly due to an interest in the sense of community aspect of Mendota Heights. She helped with the planning and marketing of the celebration. Leslie brought a fresh perspective to this year's event. 4. Jim Ki1hL� - Jim is a Mendota Heights Fire Fighter and is extremely helpful and involved in various community organizations and activities. The park celebration is no exception. He was responsible for setting up the generator system for the celebration, as well as, generating volunteers. Jun, again this year, was key in helping deliver a successful celebration. • 5. Mendn� Aeightc �re itighterc, Tadiec i+�rp Anxiliarv and +l�'rp Reli f A cn ia inn It is difficult to properly recognize such a large group of dedicated people. Without the volunteerism of these organizations, the park celebration would not have much depth. These volunteers set up and raa all of the concessions, the dunk tank, the sucker wheel baoth, and provided fire truck rides throughout the day. These volunteer's efforts are what makes this event possible year to year. 6. � nff�c�alc and C:it� Staff Vninnt�� - It is always nice to have other individuals that are afFiliated with the City of Mendota. Heights support your efforts through their volunteerism. I would like to personally thank and recognize those City affiliates who helped me out the day of the event. Nancy Bauer, Engineering Secretary, Marc Mogan, Civil Engineer, Park and Recreation Commissioner Steve Kleinglass, and Patrick Hollister, Administrative Intern. I would also like to commend Council Member John Huber for his bravery in enduring the dunk tank. � `�� 7. TpTi�l R1Lm, Jnhn Roland, and Mik . Ma �kn -� stated above, these individuals are responsible for preparation and maintenance of the celebration site. They also were very helpful through running errands and picking up and returning rental equipment for the event. These three are the behind the scenes personnel that work extremely hard to provide and showcase this wonderful celebration. All committee members, volunteers, sponsors, and contributors will be receiving letters of appreciation. i 1► 1: Y�► : i 11: i Councii is asked tci recognize the wark and dedicatian of the committee members, volunteers, sponsors, and cantributors of the 1996 Celebrate Mendota. Heights Pazks! tY August 28, 1996 Mayor, City Council, and City Ad or Patrick C. Hollister, Administrative Intern��'� TO: FROM: SUBJECT: Discussion CITY OF MENDOTA HEIGHTS MEMO Planning Case No. 96-26: Paul Beckman, 1882 South Lane The Planning Commission held a public hearing at their regular meeting on August 17, 1996, to consider the variance application of Mr. Paul Beckman. Mr. Beckman is requesting a variance to the ma�cimum height requirements in an R 1 zoning district for� an amateur radio tower to be located in his reax yard. He is requesting an 8' variance to allow the structure to be 33' in height, which is slightly higher than his home, in order to allow him "an unobstructed view of the satellite horizon." The City has received letters from neighbors requesting that this application be denied. (Please see the attached letters.) During the discussion at the Planning Commission meeting, it became apparent that the 33 foot height only refers to the support structure for the antenna and not the antenna itself. Mr. Beckman explained to the Planning Commission that the antenna would be 14' long and would rotate both radially and vertically. When extended vertically, the maximum height of the combined antenna and support structure would be a total of 42'. Thus there was some discussion among the Planning Commissioners over whether or not a 17 foot variance should actually be required. It was the consensus of the Planning Commission that the variance need only be for 8 feet because 33 feet was the height in its normal configuration. Commissioner Lorberbaum asked if retractable antenna were available and whether Mr. Beckman would consider installing one and retracting it when it is not in use in order to minimize the negative visual impact on the neighbors. Mr. Beckman said that this would be possible, although a retractable antenna was considerably more expensive (possibly three or four times) than a non-retractable antenna. Mr. Beckman's consultant, Mr. Lysiak, was also present at the meeting. He mentioned that the FCC had ruled that cities were required to make "reasonable accommodation" to communications technologies such as amateur radio. Mr. Friel replied that the FCC required that cities make "reasonable accommodation" to the technology in general, not necessarily any particular instance of its use. Mr. Friel further stated that the Planning Commission's review of the application was as it relates to the Zoning Ordinance, not � FCC requirements, and that it would be the Council's responsibility to resolve the "reasonable accommodation" issue. Mr. Beckman's neighbors, the Finns, were the only members of the public to appear at the public hearing. The reiterated the points made in the attached letter. Mr. Beckman will be present at the Council meeting on September 3 to discuss his application. Recommendation The Planning Commission voted 5-1 (with Tilsen absent and Duggan opposed) to recommend that the City Council deny Mr. Beckman's application for a variance of 8' (or 17'). (Mr. Duggan explained his opposition to the motion by stating that he felt the City should reasonably accommodate the hobbies of residents.) The Planning Commission further found that the proposed 8' height variance for an �� amateur radio antenna and its attendant support structure at 1882 South Lane as proposed on plans on file in Planning Case No. 96-26 is not necessary to alleviate an undue hardship or practical difficulty as specified in the Zoning Ordinance, will have an adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding land, and would be adverse to the general purpose and intent of the Zoning Ordinance. Council Action Required Discuss Mr. Beckman's application with him and then if Council decides to implement the Planning Commission's recommendation, they should pass the attached Resolution No. 96 =: A RESOLUTION DENYING A VARIANCE FOR HEIGHT FOR AN AMATEUR RADIO ANTENNA AT 1882 SOITTH LANE. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 96- A RESOLUTION DENYING A VARIANCE FOR HEIGHT FOR AN AMATEUR RADIO ANTENNA AT 1882 SOUTH LANE WHEREAS, NIr. Paul Beckman has requested an 8' height variance for an amateur radio antenna and its attendant support structure at 1882 South Lane as proposed on plans in Planning Case File No. 96-26; and WHEREAS, The Planning Commission of the City of Mendota Heights held a public hearing on this application at their August 27, 1996, meeting; and WHEREAS, The Planning Commission voted 5-1 (with one member absent) on August 27, 1996 to recommend that the City Council deny this variance, �-� NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that the application for an 8' height variance for an amateur radio antenna and its attendant support structure at 1882 South Lane be denied. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the proposed 8' height variance for an amateur radio antenna and its attendant support structure at 1882 South Lane as proposed on plans on file in Planning Case No. 96-26 is not necessary to alleviate an undue hardship or practical difficulty as specified in the Zoning Ordinance, will have an adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding land, and would be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1996. ATTEST: : CITY COUNCIL CITY OF MENDOTA HEIGHTS :� Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor ��,�,- � � � �,i Deaz Neighbors, ~ �� ' L�� .�` � �, . �28 Au st 1996 � �� Paul J. Beckmann 1882 South Lane Mendota. Heights, NIlV 55118 As you know, I have applied to the City of Mendota Heights for a variance from the zoning ordanance to erect a proposed antenna support structure or "tower" for my ama.teur radio service operations. I spoke to each of you just after applying for the variance and explained. my plans to the extent I perceived you were interested. and, in most cases, obtained your consent. My recollection is that I asked each of you to get in touch with me if you had any further questions about the projec� During the Planning Commission hearing last night, there were questions raised about how informative I ma.y have been, suggesting that I misrepresented the project and skewed the impact you may have perceived it would have on the neighborhood The first dra.wing in the sta.ck I had. on my clipboard was a"plan view" of our house showing the fixed. part of the project, the tower and a boom. What was shown in another drawing in the sta.ck was a representa.tion of the three antennas I initially plan to atta.ch to this boom to allow me to communicate through amateur radio satellites, satellites in Earth orbit that are funded and built by amateur radio operators world-wide. (The antennas might change over the years reflecting the experimental nature of this endeavor.) Because I have designed this installation for the purpose of communicating through satellites, the antennas would have to rota.te both in compass direction and in elevation, from the horizon to overhea.d. This rota.tion from the horizon toward overhead would result in the antennas extending above the 33 foot height of the antenna support. I have analyzed the position of some of the satellites and can report that 70% of the time they are within 30 degrees of the horizon. At 30 degrees, the additional height above the support would be about 3 fee� Maximum height of the tip of the antennas when pointed. directly overhead would be about 42 fee� ('This is 9 feet above the upper ridge of our house.) When not in use, they would generally be stored in a horizontal position at about the height of the upper ridge of the roof to rrLnimi�.� their visibility. Let me assure you this plan represents considerable compromises to my communications capability in an attempt to minimize the visual impact of this structure and antennas on our neighborhood. (A professional communications engineer helping me on this project suggested a minimum height of 72 feet for the antenna support.) There are locations for the antennas that would not require a variance, for example, if they were mounted. on the roof of the house, I was told These would make the whole system much more apparent from the curb in front of our house. There are also locations in our back yard that would hide the system completely from the front curb but would be appazent to those of you on the pond with us. Some of you ma.y be concerned with Radio Frequency Interference from my operations. While I can't tell you with 1(}0% certainty that something would not come up, that's only because nothing is for certain. I can tell you that the power levels I intend to run are azound 100 watts (the legal limit for amateur operations is 1000 watts. Commercial broadcast sta.tions run hundreds of thousands of watts.) I can tell you that I have chosen amateur radio satellite operations as a target for this proposal partly because the frequencies involved are far less li.kely to interfere with anything in your household. (A hair dryer or vacuum cleaner in your home would be more likely to interfere with me than my transmissions would be to interfere with your appliances!) I can tell you that, because I am licensed by the Federal Communications Commission (FCC�, they can bring an investigative process to bear if my operations may be causing interference. I can tell you that, in the nearly 30 years that I have held an amateur radio license, I have never had a complaint from a neighhor, still, I am always willing to try to help if neighbor thinks my opera.tions are causing interference. I've enclosed. a copy of a 7oint Resolution of the 103rd US Congress that outlines some of the real national cont�ributions the satellite activities of the amateur radio service have ma.de over the years. I've also included a copy of an FCC document, PRB-1, outlining the azguments pro and con local reguladon of antennas for amateur radio use. There ma.y be something in these of interest to you. Hopefully these documents will help clarify the aspects of the amateur radio service that the federal government has found to be in the national interest. Some of you may have felt that, because you had consented to the variance, there was nothing left for you to do and, even when questions arose, you did not conta.ct me. I ask you agai.n to contact me if there are any questions in your mind about my proposed project. I also can help answer your questions about visibility of the antennas when they are pointed in different directions through the use of a computer model of my house and the antenna support and antennas. '� The next City Council meeting on Tuesday evening, September 3rd, which is a public meeting, will consider this variance. I know this is a busy tune of year, with the summer coming to an end and the l�ds all going back to school soon. I invite you to come to the City Council meeting, though, and voice your concerns and/or support for my endeavors. I plan to be in town all weekend so, if you'd like to spend some time going over the project with me between now and next Tuesda.y eveni.ng, please give me a call (452-7145). Sincerely, cc: Planning Commission, City of Mendota. Heights 108 STAT.�422$ PUBLIC LAVV' 103-408--OCT. 22, �1994 � � Public Law 103-408 . - 103d Cangress ., , Joint�Reaalution Oct�.22,1994 To recagnize the achfevementa of ��dio ama#,eura, and to eatablish augporG far (S.J. Res. 90j euch amate�a aa natioaa2 policy. li ��4 Whereas Congress has eacpreseed its deiermination in sectian 1 af the Cammunica£ions Act af 1934 t47 U.S.C. 16I} to promote safety of life and property tharough the use of radio commwnica- tion; Whereas Cangress, in section �7 of the Communications Act of 1934 (�7 U.S.C. 157), establiQhed� a policy to encourage •the provieion af new technalogisa and servicea; Whereas Cangress, in sectian 8: of the• Communications Act of 1934, defined radia atatiane to include amateur' etations operated by ��persons.intsrested ia radia ter,hnique without �ecuniary inisrest; yVhereas the Fedaral Cammunicatians Commiaeion has created an effective re� ator�► framework through which tha amateur radio' service hasbeen able to achieve the $aals af the service; Whereae iheae re ations� sei forth in part 9? of title 47 of the Code af Feder�R.egulataons clarify and extend the purpoees of the amateur radio service as a— ' • {3.) valuntary noncam,mercial cammunication service, particu- larly with resaect ta providing eznergency cnmmunicationa• (2� contributing sarvice to the advancemeni of t�is iele- cammunications infrastzuctura; r-�' �c�(3,�� pa ��ga�c�aages improvement of an individual'e �. (4} sarvice praviding a national zeservair of trained operators,, technicians and electronica experte; and � """--? (5) asrvice enharicing intsrnational gaad will; Whereas Congress finds that membera of the amateur radio eervice community has prdvided invaluable emer�ency communications earvices fallowi�xg such disasiers as i�umcanes Hugo, Andrew, � and Iniki, iha M� S� Hele�is eruption, the Loma Prieta earth- quake� tornadoes floods, wild fires, and industrial accidents •in , great number anc� varie�r across the Nahan; a�d ' �ereas Con�ress finda thai the amateur radio aervice has made �"a contribut�an to our I1Tation'e communications by its crafting ..,� crin �961, af the fi�rsi Earih saiellita licensed by the Federa� ,�. .,.�ommunicatians Cammiseion, by its proof•of-concept far eeaxch �nd reacue satellites, by its continued exploration af the low ' Earth orbit in pariic�ar pointing the way ta commerciai use ' �-rDhereof in the IS90s, by its pioneering of communications us3ng . 'Y"�flections from meteor trails, a techzuque now used for certain �-�overnment and cammercial ,communicatians, snd by its lesding cnoIe in develapment of law-cos�, practical data transraiesion by -� � �.' ' i 54-199 O - 9a PUBLIC LAW 103-408—pCT. 22, 1g94 108 ST� radio which i�creasizigly is being pui ta extensive use �n, for instance, the land mobile aervice: Now, therefore, be it Resolved by the Senate and House o� Representatiues of the United Sttctes ofAmerica in Cangress asserrz led, �� SECTION 1. FINDING3 AND DECLAEt.ATIODI5 OF CONGRESS. Can�ress finds and declares that— . (1) radia amateurs are hereby commended for their con- tributions to technical prograss in electranics, and for their emergency radia commurucations in times of disaster; (2) the Federal Communications Commission is urged to continue and enhance the developmeni of the amateur radio service as a public benefit by adopting rulea �and regulatione which encoura�e the uae of new technologies within the ama- teur radia service; and -(3} zeaaonable accommodation sh.ould be made for the efi'ec- tive opexation of amateur radio from residences, private vehicles and public areas, and that reguiaiian at all ievels of gavsrnment ahould facilitate and encourage amateur radio aperation as a publzc benefit. Approved October 22, 1994. LEGISLATIVE HISTORY�S,J, Res. 90: SENATE REPOBTS; No. 143-868 (Comm. on Commerce, Science, and Transporta- tzon}. CONGRESSIpNAL RECOXD, Vol. 14Q (1994): Oat. 6, conaidered and peased Senate and House. �, Befor� the Federal Communications Commission Prc a�-.� Washington, D. C. 2C?554 361�+9 I n s��.b Matter of ) ) Federai preemptlan of state anG 3 PR&-1 tocaf regulatlons pertalning ) ta A►rateu r rad I o fac t 1 lfi i es . > ��2ANdUM OP i N t ON Ah1D ORDER ' Adopted: September 16, 1985 ; Released:September 19, 1985 8y the Commiss(on:Cammissianer Rivera not participating. �:.�. . • � •j 1. On Ju 1 y 16, 1984, the Amer ican Rad Io Re t#�y teague, i nc . tJtRRL ) f i led a Request for I ssu ance o# a Dec laratory Ru i ing ask ing us �:� de i irt�eate the tlmltatlons of tocat zoning and ather iacaf and state regu{a-ory , aufihor ity over Federa i ty- i icensed rad 1a fac 1 i tt lss. 5pec (fica! ly, #he f�RR� wanted an exp f ic lt statement that Nau !d preempt a! I locn 1 ord inances wh ich provably preclude ar signittcantly inhibit effective, reitable a�rnateur fadlo commu n lcat Ions . The ARRL ack�ow ledges that laca I authot� It les cr�n regu late amateur tnsta i lat io�s to insure the safety and heatth of pe�sons in fihe commun ity, but be I Seves that 1-hose �egu lat tons cannat be sa restr icttve that thsy preclude effecflve nmafieu� communications. 2. i �terested par�t les were advlsed that they cou id it ie carments in the matter t• Mllth extenslon, coma►ents were due on or beiora Oecember� 2b, 198d 2. w tth rep ly cortrr�ents cfue on o� hefare January 25, i 985 �- Ove� s ixteen hundred cortments were fi fed. 1 Pub t ic Notice, Augus# 30, 1984, Mlmeo. No, 6299, 49 F.R. 36113, •' _- September 14, 1984. � 2 Pub i ic Not ice, Decembe�- 19, 1984, M tmeo hlo. 1498. 3 Qr-der, Novembe� 8, 1984, Mimeo. No. 770, � 2 . . f . �.� - 3. Co� f I Ic ts beta een amateur aperatars �egard ing rad io antennas ancS local autttoritles regardtng restrictive ardinances are cotm�on. The amateur operator Is gov�rned by the reguiations contafned (n Part 97 af out- rules. Those ru ies do not i im it the he Ight a# an amateur.:.antenna but they requ ire, tar aviatlon safety reasons, that certain FAA notificatian and FCC approval procedures must be foliawed for antennas which exceed 200 feet ln helght above ground level or antennas w^ich are ta be erected near alr�ports. Thus, under FCC ruies same amataur an#enna suQpart structures require obsfirucfion marking anG tlghting. Qn the other hand, local municipailtles ar gaverning bodles frequently enact reguiations iimiting antennas and their support st�uctures in height and locat{on, e.g, to side or rea� yards, for heaifih, safety or aesthe�� canslderatlons. These Itmtfiing �egulafiions can resuit ln cant! icf because the effecfiiveness of tfie communicatians that emanate ..-. from an amateur radlo statia� are dtrectfy depenQent upon ths locafiion and the helght oi the antenna. Amateur aperafiars maintai� that they are precluded from operating [n certaln bands atiocated for their ase i# the he(ght af thetr antennas is timfted by a focai ardlnance. 4. Examples af r�sfirlctive iocat ordinances Kere subm(tted by seve�ai zsmateur operators in fhis prc�eeding. Staniey J. Cichy, San Qiego, Catifarnia, noted #hat in San Diego amateur raQto antennas come under a structures ru 1 iag x h Ich !!mlts bullding helgh#s to 30 feet. Thus, antennas there a�e alsa limited to 30 teefi. Aiexander V�-enios, Mundeieln, Ilitnols wrote #haf an ordinance of the Viifage ot Mundelein provides that an anter�na must be a distance from the pr-oper#y llne that Is equa( to ane and one-half times lts height. !n hIs case, he is Iimited to an antenna torrer for his amate�r sfiatian just over S3 fieet in height. 5. Jahn C. Chapman, an amateur llving in Bloomingtoh� Minnesota, cammented that he was nofi able to obfiain a buiidtng permit ta instal! an amateur radTo antenna exceedfng 35 feet in height because the 8locxnington city ord inance restr�icted "structurss" helghts +0 35 feefi. Mr. Chapman said that the ord 1 nance, w hen �,� � Itten, undoubted ty app t fed to bu i td ings but K as now be Ing app t ied fio antennas in the absence of a speclfic ordlnar►ce regutating them. Tha�e vrere txo options apen ta hlm if he wanted #o engage fn amateur cammunlca#lans. Ne could request a va�tance to fihe ordinance by way at a heartng beto�e the Cifiy Counctt, or he coufd obtain affidavits trom .� _- his netghbors swearing that they had no obJectian to the praposed an#enna instaliation. Ne got the bullding permlt affer ob#atntng #he cooperatto� of hls �elghbors. Nis concern, hawever, ts that he had ta get permission trom severat peop le before he cou td effective(y engage tn radlo cormunicatiot�s for w h Ich he had a va t id FCC amateur i icense, � 3 6. Ir� sddlticn 1� he��:ht restr(ctions, othe� limlfis are e�acted by � local Jurlsdtctlo�s--anti-�ilmb devfc�s on toaers o� fences around them; minlmum distances from h(gh vo(tage power If�es; minimum distances of tavers from property Ilnes; and regulations pertaining to the structure! sou�dness ot the antenna insta!lation. By and large, amateurs do not f(nd tnese safety p�ecaut(ons obfectl�nable. What they do obJect to are the sometimes prohibittve, non-refundo5le applicatlon fflfng tees to obtaln a permit to erect an antsnna Installafi(on and those provlslons i� ordinances whlch regulate anten�es for purely aes+he=lc reaso�s. The amateu�s contend, almost universally, that "beauty is in the eye of the beholdet-." They assert that an antenna Installat(on ts not more aesthet(cally d(spleasing than other objects that peo�le keep on thetr property, e.g. moto� homes, tralle�s, plck-up truc:cs, sola� coilectors and gardening equlpment. 7. Amateur operators also oppose restrictlons on their amateur ope�atlons which are co�talned in the deeds for thetr homes or ln thel� apartment leases. S(nce these restrictive covenan+s are contractual agreements between prtvate parties, they are not generally a matter of concern to the Commisslon. However, since some amateu�s who �� cortxnented in thls proceeding provided us wlth examples of rest�lctive covenants, they are lncluded tor info�matfon. Mr. Eugene 0. Thomas of Holl(ster, Callfornia included (n hfs comments an extract of the Declaration of Covenants and Rest�lctions fo� Ridgema�k Estates� County ' of San Benito, State ot California. It provfdes: - No antenna for tra�smfss(on or recept(on of radto signals shall be e�ected outdoors fo� use by any • dweiling unit except upon app�oval of the Oirectors. No �adio'or televlsfon slgnals o� any other form of electrort;agnetic radlatlon shall be permltted to origlnate from any fot whtch may un�easonably (nterfere Kith the t-ecept(on of televislon or radlo signals upon any other lot. Marshall Wilson, Jr. provided a copy of the restrictive covena�t contained in•deeds for the Beii Martin Additlon #2, Irving, Texas. It is binding upon all of the oKners or purchasers of the lots In the sald addttlan, his or thei� het�s, executors, adml�ist�ators o� asstgns. It reads: No antenna�or tower shall be erected upon any lot for the purposes ot radlo operattons. Wililam J. Hamiiton resldes In an-apartment building in 6ladsto�e, Mlssourl-. - He c(tes a clause ln hls lease prohfblting the erect(on of an antenna. He � 4 s#ates that he has been torced to give up operattng amatenr radfa eqntpment except a hand-held 2 meter (144-148 MHz) rad(o transcelver. He maintalns that he shauid not be penaitzed Just because he !lves !rs an apartment. Other restrlct(ve covenants are less globai ln scope than those cited above. For exampie, Robert Webb purchased a home ict Haustan, Texas. Fiis deed restrlctlon prahlbtted "transm(tting ar recelving antennas extending above the root iine." 8. Amateur operatars gec�erally oppose restrlctive covenants tar several reasons. They mainfiatn that such restrictians iimit the ptaces that they ca� reside if they want to pursue #helr hobby af amateur radlo. Sane state fhat they Empinge an First Arnendment righfis af tree speech. Others believe that a constitutional right is being abrldged because, in thelr viex, everyone has a righ# to access the airwaves regardless of xhere they Ilve. 9. 7he contrary belief held by housing subdtvision communities and condaminlmum or homeowner�s assaciatio�s Is that amateur radto installatlons constitute safety hazards, cause lnterference -'ra o#her electranic equipment which may be operated in�the home ftelevlslons, radio, stereas) ar are eyescsres that detr-acfi from the aesfihetic and -tasfeful appearance of the housing developme�t or epartment co:�plex. To counteracfi these negative consequences, the subdtvlslons and assoclatlons include !n thsly deeds, feases or by-iaws resfrici-ians and iimitafiions on fi�e iocation and hetght of antennas or, In some cases, prohlblt them aitogether. The restrictive covenants are contained in the cantrac-tusi agreemanfi entered into at the time ot the sale ar lease af the property. Purchasers or lessees are fre� to choose Khether ihey w3sh to reside where such restrictEons on amateur antennas are in effect or settl�: elsexhere. .�. ,. .nn-� iQ. The Departsnent of De#ense {DOD} supparted the ARRl. and emphasized In its cammenfis that cantlnued success ot exisfiing natlonat security and emergency preparedness telecammunica-t�ions plans (nvolv3ng amaieur statlons would be severely dlminished lf state and local ordinances were alfowed to prohibi# the constr�ctlon and usage of ef#ecttve amateur #ransmission facifities. U00 utiiizes vc�lunfieers in -h� Militar-y Afftliate Radlo Serv)ce (MARS>4, Ctvil Alr Pat�al (CAP) and the Fcadto Amateur Clvil Emergency Servlce fiZAC�S}. tt painfis out that these valur�tear communicators are operating radla equlpment tnstalled (n their homes and that undue �estrlctions on � NARS is solely under the auspices of the miiitary which recrulfis volunteer amateur aperators to render ass(stance ta It. The C�+►�misslan is r�o# invoived in the MARS progra�. E� ar�tennas by Irr al autharftles a�versely atfiect thatr etforts. OQD states i1,a�t the respansiveness of these voEunteer- systems wautd be impatred tf local o�dinances interfere with the effectiver�ess of these important na#lonat #etscortununlcation resources. DOD favors the Issuence af a �uling that would set Itmits far locat and state regutatory baGies xhen they are dealing wlth amateur stations. 11. Varlous chapters of the Amartcan Red Cross also came forxa�d to suppart the ARRL's request far a preemptive ruling. The Rsd Cross xorks clasely with amateur radto volunteers. ft betieves that Kithout amateurst dedlcated suppc�rt, dlsaster re#ief ape�attons would slgniflcantly suffer and that its abfltty to serve cilsaster vici-ims xautd be hamperad. 1f faeis tha# antenna helght Ilmltatlons that mlght be Imposed by local badtes wlll negatively affec-t the service naw rendered by the volunteers. 12. Clties and counties from vartous parts af the United States flled comments In suppart of the ARRL�s req�est for a Federa( preempfiian ruiing, The camments from the �irector of Clvl! pefense, Pa�t Arthur, Texas are representattve: T�-; l�rnaseur Radia Service p!ays a vital role xtth �� our Civil Defiense pragram here in Port Arthur and the deslgn of fhese antennas a�d tawers l.ends greatly to aur abTtlfiy to communlcate during times . of dlsas#er. We do nat belleve there should be any restrlctions an the antennes and tawers except for rsasonabie safety precautians. Troplca! sto�ms, hurrlcanes and torr�adoes are a way af tlfe hare on the Texas Gulf Coast and good cort►municatlons are absolutely essentlal xhen preparing for a hurricane and even more so during recovery operations after the hurrlcane has past. ' 1�. The Quarter Cenfiury Wireless Assoc(atton took a strong stand in #avar of the tssuat�ce of a dectarafary �uling. It belteves that Federai preemptlon 1s necessary so that there wflt be uniformifiy for a(1 Amateur radto instalfatlons on private proper#y throughout the United States. 14. In Its comments, the ARR� argued that the Commission has the Jurlsd2ctlon ta preempt certain locai {and use reguiations which frustrate ar prahlblt amateur radla commu�(cations. It sa1G that the ap,�ropr i a#e stacrdard i n pr�emp# i on �ases i s nat the exter�t of state aad .' _� local Interest ln a glven regulatlon, but rather the tmpact of that regulatian on Federa! goals. Its posltlon ls that rederal preempttan Is warranted whenever iocaf governmen�a! regulations retate adversely ta the operatlonal aspects of amateur commun(ca+t(on. The ARRL malntains that . . t localftles routinely emplcy a va�iety of land use devices to preclude the Instailatlon of effective amateur antennas, lncluding helght restrictions, condltional use permits, bullding setbacks and dlmensional lim(tattons on antennas. It sees a decle�atory ruling of Federal preemptton as �ecessary to cause municlpalitles tc accommodate amateur operator needs (n land use planning efforts. 15. James C. 0' Conneil, an attorney who has represented several amateurs before local zoni�g authorities, said that requlring amateurs to seek varlances or specfal �se app-ovai to erect reasonable antennas unduly restrlcts the ope�atlon of am,=.teur statlo�s. He suggested that the Commisslon preempt zonfng �rdinances which impose antenna height Ilmits of less than 65 feet. He sa�: that thls height would represent a reasonable accommodatlon of yhe comm�-Ication needs of most amateurs and the legitlm:te concerns of loc=_i zoning authorit(es. [� .. �. .a� - � 16. The Clty of La h;asa, Callfornia has a zontng regulatton which controls am�teur antennas, its comments reflected an attempt to reach a balanced vtew. This regulation nas nefther the lntent, nor the effect, of preclu�ing or Inhibiting effective and reliabie communications. Such antennas may be built as tong as thelr constructlon dces not •un�easonably block vlews or constltute eyesores. }� The reasonabie assumption is tnat there are alr+ays alternai-lves at a g(ven slte for different placement, and/or methods for ae:thetic treatment. Thus, both publi;, ob,Jectives of controliing la�d use for the public health, safety, and co�venfence, and provlding an effective communications network, can be satisfle�. A bianket �uliny to completely set aside local control, or a ruling which �ecognlzes�control only for the purpose of safety o= antenna const�uctlon, would be contra�y to ... legitimate local control. 17. Comments from the County of San O(ego state: While we are aware of the benefits p�ovided by � � amateur operators, Ke oppose the Issuance of a preemption �ulir.g which would elevate �antenna effectiveness� to a posit(on above all othe� • co�stderations. We must, however, a�gue that the _ -f � (ocai government must have the abil(ty t�=�,Iace reasonable IImltatlans upon,�the placemen-t and conflguration of amateur raGto t�ansmitting and recetving antennas. Such abiltty is necessary ta assure that the lacal declslan-makers have the authorlty to protect *he pub!!c hea(th, safety and weitare ot a!I citizens. In conclusian, I would !!ke to emphas(ze an lmportant difference between your regufatary pawers and that ot iocat governments. Your Commisslon�s app�ava! at the presmptive requests woul� establish a'natlona! policy'. Nowever, any regulation adapted by a iocal Jurisdictton could be averturned by your C�mmisslon o� a caurt If such regulatlon was determined ;a be uneeasonabEe. 18. The Ctty of Anderson, tndlana, summarized some ot the p�-oblems that #ace laca! canmunittes: 1 am sympathetic to fihe concerns of th�se antenna owners and ! under�tand #hat ta gain #he maximum receptian from thetr devices, aptimaf locatian is ' necessary. Hawever, the p�eservatton of residentia( zoning dlstricts as �liveable� nelghborhoods Is jeopardized by placing these antennas in front yards af hames, MaJor problerns , of public safety have been encountered, particulariy vlsion blocicage far auto and pedestrian access. In addition, ali communi1les are taced with vat-ious building (ot slzes. Many build►ng tots are so smal! that establtshed setback requfrements tin arder to p�eserve adequate air and iight) are vuinerable to the un�eguiated placenent af thes� ar,tennas, ...the exerctse of preemptive authority by fihe FCC in g�anting thls request xould not be tn the best Interes# af the genera! public. 19. The Nationai Association of Caunttes tNACO), the Ame�ican Planning AssoclatTon tAPA) and the Natinnal League of Clttes (NLC? ell opposeQ the tssuance of an aatenna preemptlon ru{ing. NACO emphasized that - - feder�al and state power must be viewed in harmony and warns that Federai intrusion i�to toca( concerns af health, safety and we�l�are coutd weaken the traditianal patice power exercised by the state and u�duly.fnterfere with the legitimate act€vities of the states. NLC betieved tfiat both �,. ti 0 Federai and local interests can be accommodateti without pr-eemptir►g Ioca1 authorlty fio reguEate the insfaSlafiion ot amateut- radio antennas. The APA sa1cS thai- the FG'G should con#Inue to teave the issue of regula#!ng amateur an#annas vtlth the loca! government and wlth the state and Federal courts. �.� 20. Vlhen considering preempfiion, we must bsgin wtth fi wo constitutional provislans. The fienth asne�dment pravibes i'hat any powers which the canstltutlon either daes r�ot delegate to the United 5tates ar daes not prahlblt the states fram exerclsing are rsserved #o the states, 7hese are the pallce powers of the sfiates, The Supremacy Clause, hoMever. provides that th,e constltution and the laws of the Untted States sha11 supersede any stai-e law fio the contrary. A�fitcte 111, Section 2. Given f hese basic premises, stata iaws may be preempted in fihree ways: Firsf, Congress may expressly preempt the state iaw. See ,�ones v. t�:ath P c�k{nQ �., 43G #l.S. 519, 525 f19773. 4r, Congress may !ndlca#e its Intent ta , complei-e!y occupy a glven #leld so that any sta#e !aw encampassed wlthl� that fleld would lmplicity be preempted. Such lnfient to preempt could be -� found in a cone^esslonal regulatory �cheme fihafi was so pervaslve fihat lt would be reason�ble ta assume that Congress did nofi infie�d to parmit the stafes to suppiement it. See "ideiifi ��eder-�i Savinos d Loan Ass�n Y.,`s��.!si_ �Itesta, d58 t3, S. i 41 , 1�3 (1982 }. F i na 1! y, preempt 1 an �ay be warranted when state Eaw conf(1c-ts wlth federal law. Such confillcts may occur when "compllance vriti: bath Federa! and state regulatlons Is a physlcal Impossiblllty," FJs�_rlds�.1LS'�.1�Y��dd Grower�.., Inc. V. Pnul, 373 U.S. 132, 142, 143 (1963), ar Hhen state taw "stands as an obstacle to the accamplishment and executian of the full purpases and obJect3ves afi Congress," Hi��. v. Davidowifiz, 312 U.S. 52, 67 t1941). Further-more, federat reg�iations have the same preemptive eftect as tederat statutes, Ej,��v Fe�era SaY f gs ��;��, A�soc 3 at 1 c�n v ��,� I a Gu�s�a, 5lt� 21. The sltuatlon before us requtres us to Getermine the extent to which sfiate and local zoning regulatians may confl(ct wlfih federal pollcles cancerning amateur radio operators. 22. Few matters coming before us pr�sent such a ciear dichotamy of vtewpoint as does the Instant tssue. The cltfes, cauntles, loral communitles and houstng assoclatlans see an oblIgatlon to a!I of #heir cl�izens and try ta address thel� cancerns. Thls ts accomplished through regulaTlons, ordinances or covenants ortented toward the heaith, safsty and o:nerai welfare of those they reguiafie. At fihe opposifie „,ole are the individuat anateur cperafiors and thei� support groups wha ` are troubl�d by (ocafi regutations vrhtch may ir�hibit the use of amafeur s�atians or, tn soR�e instances, zataily preclude amateur comtnunlcatlons. A#lgned kith ths opesa�sors are such enttt#es as the Department af Oefense, -the Amerl�an Red Cross and loca! clvJl de#ense and emergency organizations ►+rta h�ve `ound in Arn�teur Radlo a poal of skllled radlo cper�ators and a 0 readily available backup network, In this situatlon, we beiieve it ls apprapr late to st ike a ba iance bet-ween the federa 1 interesfi tn prc�rr�i ing amateur operatlons and the !egltlr�ate lnterests of locai governments 1n regulating locai zoning matter-s. The co�nerstone on whlch xe w!!I � pred(cate our �+ecision ls that a reasanable accommodatlon may be ma�e t�t��een the two s( des . 23, Preemptlon is primariiy a functlon of the extenfi of the conflict between federal and state and iocai regu#attan. ihus, in considerinc� xhether our regulatlon� or poilcles can toierate a state regulatian, we may cons(der such factc-s as #he severity of the confllct and i-he rc��sons underly(ng the state's regulations. In this regard, we have prevlously recognlzed the legitlmate and fmportant staTe (nterests refl�ected (n #aca! zoning regulations. For example, ln Earth Satellite Communlcatlons, lnc., 95 FCC 2d 1223 t1983), we recognized fhat . . . countervaiting state (nteres#s inhere in the present sttua#ion ... For� example, we do nat wlsh ta preclude a state or localIty #rom exerclsing Ju�isdiction over certatn elements of an SMATY operatlon that p�operly may fall within its a�tharifiy, such as zaning or public safety and heatth, pravided the reguiation tn quesfiion is nat undertaicen as a pr-etext tor the actuai pu�pose of ftustrat3ng achlevement of the preeminent federa! abj«rc�lve and so long as the non-fedet�a! regulation ls applled tn a nondiscrlminatory manner. 24. Simitarly, we recognlze h�re that there are ce�ta(n general state a�d focai interests which may, tn fiheir even-handed applicatlon, Eegitlmateiy atfec# amatettr radio faci{ittes. No�etheiess, there is a!so a strong tedera I t nte�-est i n pramof i ng amateur corrx�un lcat ions . Evldence of this Interest may be found (n the camprehensive set af rules that the Commisslon has adop#ed to regulate the amate�sr service.� Tho�� ru'les set forth procedures for the Ilcensing of statlons and operators, freque�cy al(ocaflons, technical standards whtch amateur �adio equipmer�� musfi meefi and operafiing practices which amateur operators must follow. We recagn t ze the Amateur �ad i o serv tce as a vo 1 unfiar-y, nonccammerc i a i cornmunlcatlan service, perticula�ty wlth respect fo providing eme�gency communlcatlons. FMareover, the amateur radia servlce provtdes a reservcir of tralned operators, technlciatts and electron}c experfs who cat� be catled on tn t(mes af national or local emergencles, By 1#s nature, the Amateu� • - Radio Servfce also prav(des the oppartunity for lnd(vldual aperators to furfiher international goodwlli. Upon weighing these lnterests, we 5 47 CFR Part 97. � belleve �, :!�nited preemptlon pa!!cy ls war�anted. State and locat regu(attous that operate ta preciude amateur- communicafitons tn thair communitles are fn dlrect confllct w(th federal obJect(ves and must be preempted, 25. Because amateur stafiton c�mmunlcai'tons are aniy as effecttve as the antennas..employed, ar�tenna helgnt restrlctlons dlrectly affect the effectiveness of amateur communlcat(ons. Same amateur anfi enna . conflgurations require more substantiai tnstailafions fhan others if they are to provlde the amateur operator wlth the communlcattons thafi he/she �eslres tt� engage in, For example, an antenna art-ay for tnternational amateur communlcattons will differ from an antenna used ta contact ather amateur operators at short�r distances. We wttl not,•hawever, specEfy any pat-ticular hefghfi limifiation baiow whlch a local gover�ment may not regulate, nc�r w1!! we suggest the prec(se language #hat must be conta�red %in Iccal ordtnances, such as mechanisms for spectal excepfiions, variances, or condltiona! use permits. Nevertheless, local �egulatlons whlch / invalve placemen-!•, screening, or height of antennas based on heaith, safety, ' or aesthetic conslderations must be crafted to accommc�date �easanably omateur cammunic�tions, and to repr-esen# the mtnlmum practicable regulation fio accamplish th? locai authority�s fegltimate purpose. fi 26. Obvi�usiy, we do not have the staff or financiai resources to revlew all stGte and local laws t�'•�t affect amateur operatians. We are confi�derrt, howeve-, that sta#e and Ioca1 governments wt11 endsavar to leglsi=�te tn a marne� that affords appraprlate recognit(on to the important Tederat interest at stake here and t�ereby avatd tsnnece�sary canfiicf� with fede�a( policy, as well �s time-consuming and,expens(ve lififgafilon In this area. Ama#eur oper�tars who belteve #hat foca! ar state governments have oeen cverreachin� ��:' �`e~a�v have preciuded accampttshment of thelr legitimate communlca-t�ons goals, may, in addi�t(on, use thls document to b�-ing aur poitcies to ;he attention o# local trtbunais and forums. 6 We reiterate thafi our ru(ing hereln does not reach restrict(ve covenarts In p�lvate contractuai agreements. Such agreements are volun�-artly entered �;to by the buyer ar tanant rrhen fihe agreement is execute� and do n�t �ually concern this Commissian. ` � � 27. Accordingly, the Request for Declaratory Rultng flled July 16, 1984, by the American Radlo Relay League, lnc., IS Gi�ANTED to the sxtent (ndicated hereln and, ln all other respects, 1S DENIED. FEOERAL COMMUNICATIONS COMMISSION Wflllam J. Trlcarico " Secretr-ry � �ec-`� � � �o - `� August 29, 1996 Dear Mendota Heights Council, It has come to our attention that the property owner of 1882 South Lane has requested a hearing for an 8$ variance for the construction of a ham radio tower which we understand will be in its completed state, 42ft high, We object to the construction of this tower. We live at 1901 Warrior Drive - directly across the pond from the subject property and South Lane. The major reason we purchased our property was the views. Enjoying our properiy and the views from our home is what we enjoy while we are in ow home and what we do with our leisure time. You might say it is one of our hobbies. We feel that the construction of this tower would not only take away from the view we now enjoy but will diminish the value of our property because we will be seeing this tower from our living room -great room, kitchen-breakfast room, library, screen porch and �ieck, amusement room, billazd room, game room, office and back yard. While we have yet to determine the extent of the interference with other electronic devices which operate on a similar basis, we ha.ve been told that an invisible fence which we have for our dog could be affected from time to time as it operates similar to a radio antena. This one factor alone, while we have no concrete proof, makes us extremely uneasy. If you have ever been inconvenienced by spending hours looking for a pet particularly one who loves the neighborhood garbage cans you can understand that even once is too much not only for us but for our neighbors. We also understand that since the dog wears a collar that receives a signal, he could receive unwanted signals from time to time which would be painful and harmful. We also understand that the construction of this tower violates the restrictions and covenants that pertain to the Ponds of Mendota Heights apart from the zoning ordinances of the City of Mendota Heights. These rules were made for the mutual benefit of all surrounding properiy owners. To gant a variance from these rules violates this prinicple and we object to it. Personally, we feel that one neighbors hobbies and enjoyment should not take away from our enjoyment, our property and our investment or diminish the quality of our daily living. Sincerely, �� .-,�-;:y - _.M i ��sTi� . � �� - � � - �,,, ��s� � � �� .,� ��- �� e ��-:� � � rGG�� '�-�F'o Dennis J. Finn 645 Wesley Lane Mendota Heights, MN 55118 Planning Commission of Mendota Heights 1101 Victoria Curve Mendota Heights, MN August 19,1996 Dear Sirs; I a.m in receipt of your notice of hearing regarding the application from Paul Beckman for an 8 foot height variance allowing for the construction of a 33 foot ta11 ham radio tower and antenna on his property located at 1882 South Lane. This letter is to inform you of my strong objection to allowing this construction. We live directly across South Lane from Mr. Beckman. (NOTE: we have a corner lot, so even though our address is Wesley Lane, our home has an equal view to South Lane.) My wife and i feel that allowing the construction a 33 foot tower and related antenna equipment would be a detriment to the quality of the environment in our neighborhood. We built our current home in the Ponds of. Mendota 6 yeaxs ago. We chose this location because of its openness. Our prior home in St. Paul was a typical city situation with overhead electrical, phone, and cable wires. When our next door neighbor in St. Paul constructed a ham radio tower and antenna, it resulted in such an eyesore that we began our search for a new home. We feel that Mr. Beckman's tower and antenna will create a similar and perhaps even more obvious eyesore to our landscape. Mr. Beckman has reviewed with us the drawings which depict his planned tower and antenna. Although it appears he has done his best to make this construction as unobtrusive as possible, we feel there is no way to conceal a ham radio tower with its associated mast and variety of antenna paraphernalia attached to it. What's more we feel that Mr. Beckman was less than forthright in his artistic renderings. In all of the drawings shown to us(and we assume to other neighbors) depicting the antenna in relationship to his home he: a) failed to show how the mast would actually look with its assortment of protruding rods and dishes. Instead the mast was shown as a simple horizontal "stick". (NOTE: many other parts of the drawings depicted details as, or more complicated to draw than the this mast.) b) failed to the show the mast in its raised(vertical) operating position which would add considerable height to the structure. When we asked him about these details Mr. Beckman presented accurate information, but we fear most other neighbors may not have raised these points. We informed him then that we would not approve of his plan. In addition to the negative visual aspects of Mr. Beckman's proposed construction, we also are concerned in regard to any electromagnetic interference that such equipment may produce. Though we cannot provide any particular examples, we believe there is a definite risk involved with this sort ham radio operation. We request that you reject Mr. Beckman's application for a variance. Sincerely, McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 ME M O R A ND UM TO: FROM: DATE: SUBJECT: APPLICANT: LOCATION: ZONING: Telephone Engineers 612/476-6010 Pianners 612/476-8532 FAX Surveyors Planning Commissioners of Mendota Heights Meg J. McMonigal, City Planne�l��\ ��- > August 27, 1996 Height Variance for Radio Tower Paul J. Beckmann 1882 South Lane M�1 Description Of Rec�uest Paul Beckmann is requesting a variance to the maximum height requirements in an R-1 zoning district for an amateur radio tower to be located in his rear yard. He requests an 8' variance to allow the structure to be 33' in height, which is slightly higher than his home, in order to provide "an unobstructed view of the satellite horizon." Variance Criteria Attached is the variance criteria. The variance request meets most of the criteria, however there does not appear to be any special conditions that apply to the proposed structure or land, and a variance is not necessary for the preservation and enjoyment of property. There is a practical difficulty, as the radio tower will only function if it is slightly higher than the home. The applicant has requested a minimal variance to the height to accomplish his purpose. STA FF RECOMMENDA TION: The City Planner recommends approval of the variance for an amateur radio tower, with the following conditions: 1. The tower be constructed as proposed, at a maximum of 33 feet in height. 2. Any required building permits be obtained. An Equal Opportunity Employer EX�IIBIT A: VARIANCE CRITERIA - Beckmann Height Variance Variance Criteria Criteria Met? Special conditions apply to the structure or land in No questian are peculiar to the property and do not apply generally to other land or structures in the district. Variance is necessary for ihe preservation and No enjoyment of property. Adequate supply of Iight and air will be available to Yes adjacent property. The congestion of public street will nat be reasonable Yes increased. The danger of fire or public safety will not be Yes increased. Property values will nat be impaired in the surrounding Yes area. Health, safety, comfort and rnorals will not be Yes impaired, Variance will not merely serve as a convenience, but is Yes necessary to alleviate undue hardship or practical difficulty. m �Clty O� pAUL BECKMAN - Planning Case 96-26 Aug 1996 11�11�L 1Viendota 1882 South Lane Heights 1101 VICTORIA CURVE • MENDOTA HEIGHTS, MI� 55118 (612) 452-1850 (�k Applicant Name: � `. City o� 1Vier�data Hei�,h�s AFPLiCATI4N FOR CONSIDERATION OF . PLAT�NING REQLTEST 3�L'l�'/�f��,�� /"i�t�( �, {L,asc} � gc� �ou-{-� (Number & Street) (3wner Name; K.�.�� KM� d�1 �V (�.ast? Address: / cS �a. �o ur {Number & Street) Case No. �� '"� Date of Application 53 �-�v -`: t� Fee Paid '� - (o � `}�� S?> • � �1. _ _ .__ PH: �� loZS� �:32G � (N) `��"'z -7i`�s t�'�t) t�3 . e 1 "l�t..C� (CftY) ��u� �� ',� (F'�? ��..,,_� c,�� (City} � 1 v� � �� 1 � (S te) (Zip) ;�-�A �: � �s /�,� 5��'"� �, {� 3 tLIP) St�et �.acation of Property in (,�uestion: i�c� � sc� r��E�,.. �...c�_�.. �� _ _ � � /�'1 � Legal Description af Property: • Type af Request: Rezaning Conditionai Use Permit Conditional Use Pernut for P.0 D. Plan Appmval Comprehensive Plan Amendment �_ Vaiiance Subdivision Appmva3 Weilands Peimit Other (atta,ch explanation} Applicable City Ordinanac Number _ �� ( ,�ZG vt �q/ Section __ � , � ��- � � e l y �t�� — I'resenE Zo�iag caf•I"rc�erty' �� Present Use _ •� t nJ G �� (=-' ��-,rn � 4,,,� !.� �nit � ;t !3 tt P�roposed Zc�ning of Pmperty ��'-1 P�wsed Use 1 hereby de�yiarc ihat � sta�tements made in this. request and on the material are trtie. . . � {Received hy - Tit2e1 ' 1101 Vietoria Curve • 1Viendata Heig,hts, 1Vi.IY • 55118 452 • 1850 `. 5 August 1996 Paul J. Beckmann 1882 South Lane Mendota Heights, MN 55118 Planning Commission Ciry of Mendota. Heights � 1101 Victoria Curve Mendota Heights, MN 55118 RE: Request for Variance Enclosed find drawings for the proposed antenna support structure on our properly at 1882 South Lane. Your City Planner has informed me that this structure, at 33 feet in height, will exceed the R-1 height restrictions by 8 feet I am a licensed amateur radio operator, WAORSE. I was fist licensed in the late 1960's and currently hold an Advanced Class license. The 20 meter band is a common band for long- distance communication by amateur operators holding Advanced Class licenses (and one I sometimes use.) To be highly effective on this frequency, an antenna should be 72 feet in height above average terrain. After some oonsideration of the impact of an antenna. support of this height on the general appearanve of the neighborhood, I have instead focused my request on operarion through amateur radio satellites. This is primarily an experimental endeavor and, due to the much higher frequencies involved and to the fact that satellites act as a"go between" for communications, the antenna height requirements are much lower. My wife and I both felt that a lower height antenna support would be much more in keeping with the esthetics of our property and our neighborhood. ., One requirement for communication at the frequencies of interest, however, is the absence of nearby structures such as trees, roofs, etc. in the antenna's line-of-sight For this reason, it is neoessary to place the supported antennas at, or slightly higher than, the highest ridge of our home. Even though the technical height of our home is 25 feet, the upper ridge of our roof is just less than 33 feet high. For this reason, I am requesting a variance to erect this support structure to a height of 33 feet, thus clearing this upper ridge. One benefit of these frequencies, however, is the much-reduced occurance of Radio- frequency Interferenoe to electronic equipment in the vicinity. Safety is, of couise, a concem. The antenna, once erected, will be fitted with anti-climb panels four feet in height, to help deter unauthotized climbing. The capacity of the tower to support the windload of the intended antennas is more than twioe that r�equired for an 87 mph wind according to federal standards and the manufacture�'s specifications. Should the tower fail, however, and fall but not fold, it will still remain within our properly if erected at the proposed location. � I am filing this request without written consent from my neighbors. I met with the City Pla,nner today and wanted to make this apptication before the deadline of naon tomorrow. I have reoeived the names and addresses of the neighbors affected ar�:d wiil attempt to contact them and gain their consent before the nofice of public hearing is issaed. Time is of interest here since, if I deiay the applica.tion one month, excavation for the tawer base may be difficult in October due to frost � Thank you for your considera.tian. Sincerely, --� ,. . P ul J. Bec n � To: The Planning Commission, C`ity of Mendota Heights From: Paul J. Beckmann, property co-owner of 1882 South Lane Date: 12 August 1996 RE: Height Variance Application, Signatures of Consent for Variance Request I have attached the Signatures of Consent for Variance Request form provided to me by Mr. Davison on our meeting with the City Planner on 8/5/96. Please note: • 6 of the 7 requested. signatures of consent were obtained by me after approaching the neighbors listed and explaining the project and the request for variance to their satisfaction. One of the properties, 1871 South Lane, owned by Gaffey/Steuck, was sold in the past week to Michael and Charlene McItugh I was able to contact them and obtain their consent, as the current property owners. After explaining the project and request for variance to Dennis Finn, of 645 Wesley Lane, he declined to give his consent for the variance reques� I thanked him for his time and informed him that he would be notified. by mail of a public heari.ng to be held on this application. Please call me with any additional information you may require. I anticipate hearing from someone ax City Hall about the scheduling of the next steps in this variance application, I am hopeful that the Planning Commission realizes the considerable compromises alread.y made in an effort to �m»e the esthetic impact to the neighborhood, as outlined. in my letter of intent, and will take these into account in its future deliberations. Sincerely, i , _ �. �� Paul J. Bec ��5� -� • � . � lt�' O� ,�,,, , � 1��,eri►dota Heig,�i�s TO: .,, SIGNATIIRES C1F CdN3ENT F1�R FARIANCS REtiIIEST ' The Planning Cammission, City of Mendota Heights Property Owners af i�;�'�� '=.�u =�- Lr"� t�-J�"• �' : �"}G, l: r. ;' ' � l''. I� F .�L . t',,,, � � - j�•. ,,,. �•� � . �s � ! ..^ �'�'� � U10 �-1UT"t = r•.1 J'J �- We, the undersigned have reviewed the plans for ,Lt y�/�r ,!' �: r_; ;; ;� r 3;�= r j(J f • : and understand the terms and conditzans of the requested variance for �'�.. ";�= r" �:� ri=� ; We have no abjections to this request and da hereby give our written consent and consent to waiver of public hearing. - Sincerely, NAME (Please -Print) (._`, h,l� � �/�.t�/1 -�..r..; - (a! ' ;/. i_�� f P �5 i` G - - � _._.-- �, "�t% Y"� v r; Vi1 CG7 J e . `�e� 4,, C�, n} T'� ifl l�, �,r �� ;` yf-+.-M, �> � 1��`cJ� c, -iS��( C � ADDRESS (INCL. IATi �' f%- �� _ t-=r.)i t .. -. � ; `� rJ f:. � � � z- �'�� . L (*�,,J � -' 1��. 5 a ��. ��e��t?F�� f�'r�t��_�j- Sr�uc�c��'�,c�,tt I�i1 �; �� `jb`' ��.tJrJ15 ; '�a,at•liFy �=�t��r.J !�q5 f Jr � _i:.� r' �lv�� _ �✓ � .� n1 ti'1 I 7:�-: C. c�t `� �' h!� ��. ti'.r,� � s r„t�-„7 c�t../ r��t l� o L��.J r,, t �'li �tcc � ��a ��ecne f u ,____,_ � 1� �� U r �? . ��' - _ List of Names and Addresses of Owners of Properiy with 100feet of the boundaries of 1882 South Lane, as supplied to Pa.ul Beckmann at Ciry Hall on 5 August, 1996: Lynn & Kenneth Girouard Terrence Dobie Terry & Cynthia Rust James & Nancy Joyce* Brian Gaffey, Lynette Steuck Dennis & Bonnie Finn Mitchell & Carol Rossman* 1902 South Lane 1892 Sauth Lane 1872 South Lane 1862 South Lane 1871 South Lane 645 Wesley Lane 1891 South Lane * signature of consent obtained as of 5 Augus� Other signatures will be persued before Notice of Public Hearing is issued. 1 � � � coNr �croRs �u� �� c�NrN �� - �- BUILDERS LTD. � SS2 �°t�T�} I-�� ' M�,I�1�At uElUHTS, . !79 nD�ul� •VR}II1R_ 9T. PAUL. 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"'�,,,�.w�, �• .... �"� 4 N � Q �ct f �' .• • � r . ..,� � .�cL'- - ''�C.�"� '"/ � '� �ir�cY�f,.�e . �_e i� o "°'� • 0 0 �1..• •• • ,/ ...� o ,,q t •�N �l�« l� �` ��• C� t;, ti.Y..%.� � : .•� ,2�Q�. �' �Y�P/�`'j.�.' . •••' � � • wr� � y ' �� `�i� .� � . ! 1 •+• V ' I��7 � � + � • g� y �. _�_ . p � d . . / Q .�r �� . ` � Y_ � ' ,�. �,'. • „ � r . . .. � � •.. �+rw , •N Oa�Q�iit �� y� s �� . . •�324�-7V�ass • • ""' �r j � . • 1�,'� .,••••�.'�- ' 1. �ra�na e ancl Ufl�r'� Esm�. y .� � � Sform �et�t over� a,l p%�pe ' per Ci� o�Met7clo� N�tc�`h�s � .� . , . ` �.. i �,� --�---__. UiVtVE�,�►AL �MANUFAC7URtNt�'ii �.CORPORATtOIV 12357 East 8=Mt1e Rd:�Warren. Mich[gan 48089 C3f3j ?74-414� I.loyd T. Cheney Detroit, Michigan Protesaio:sal. Eagineer Miahigaa Reg. No., 7181�t � �� f�� ,t.;ft'-� -` �'`�•r. �....:,� � .� At youx request I have carried aut additianal c+c�aputatiatis to deterffine the ettective az�eaa ot antaanna which tcnrera of pounda per square toot in loadiag sonea A, B, and C reapectiv+ely vitb a tactar ot sat'ety at 1«0 (material etraaacd t� the yield atreagthj. The resulta are anm�ar3sed belo�r: �30 Fo�t Taxer ' 11,]1,14 u,i4,i8 l�,l$,18 ----;i 14=1$,22 �...�� ia,�,� �0 Foat To�r ll,li,l4�,1�� u,�4,�4,�s 14,14,18,18 11,14�1$�22 14,1$,18,22 14,18,22,22 , �. , a � �''"' � � �� '�.`�, z°"'' $ X�rt D�t 1 tT� nT�t /l � js� f1�i / 4.42 2.51 1.3T 9.29 6.k� �+.T2 21.08 15.22� 11.70 22. 85 15. g�3 1.�.. s5 1. �2 ...�__ --•-- 4.38 2.u8 1.33 T.Ol �:t38 2.32 9•29 6.k3 �•?2 u.9i 8.oi 5.66 15.21 10.06 6«9� pr��s�d ��;,�.t- i s � t8� f�,Z2 W�iic.l• 5��.�1� k�� y h�� c�,� G� r'e- �ec� -�2- � �uaut r+tt« 1?J 3/ �� !' ?a�' 'Y1T �'tT 0 4 'C iZ i< iri 'I� •r 3 6i f1 lO :� • —~�1 2 : 2 � N � � `� • — .. . kf ININES - --•---- -- Tr� n v t r SEG TADNS y' 1� N � � � �pN4�.. � � �. � � � m��goD ; � o �►0�t� �' �►OOtrM� ��aa^ .: ` • . . ,.h�y bp r�.vO v � � w � 0 v a ~ o � va � ��h°oyy� , `„ `� www1�+'� .� � O '� '�1 � 000�;?p ^�iN��= `�+~ yoo w h ��ti � :+�:�. $ p h� o� . N � g �p► `�'d} L • � •� F W V M N V1 2 �s►yEva�- �n�st�r 9 ao � : I�y Z —�— O � _' '_ . t— � a s a� �. • � s�� x-? • i �Z { _ I � I . �o�h i � F ` i +F � � ! ✓- �ivsFRT O/.t . F,� /N -BOLT M�tE O�S ,�,r = r - eoc r s/rE I . • ' ` Sheetl Yaesu G5400B alUaz rator pair 2" vertical mast {8 ft iong, 0.67 correction factor far tuDular members} Crossboom (1.5" solid fiberglass, 10 ft long, same correction) HyG�in 216SAT crossed yagi for 14� NIHz HyGain 70•30SAT crossed yagi far 432 MHz SB-32DStC slat-type dish for 2.4 GHz 3 mast-mounted preamps, each 4"x5"x3" Tower•maunted equipment box 14"x18"x6" Total windioad: m '.�- s •.• �.80 0.89 0.84 1.i4 0.75 3,00 0.42 1,75 9.55 j � 1 �Ci'ty O� pAUL BECKMAN - Planning Case 96-26 �Aug 1996 ��j/,1� 1Viendota 1882 South Lane Heights 1101 VIGTORIA CURVE • MENDOTA HEIGHTS, Mi� 55118 (612) 4521850 (�/� OWL E�GINEERI�G,INC TEL No.612-631-3502 �� ' �� r i. r! t!, e 1' August 5, 1996 Mcndota Hcights Plannmg Commisseon � Aug 5,96 17:40 No.041 P.01 �ub'sacr. Mr. Pau! Bcckman's Varianae Re�uest 13061t� G/�yw�tt�r i{oad F, SL ta�ty�l+ 1�N �1�2 W'� �'� w � W �� 6SIti� ��'�•�� As yoa already know, Mr. Pau! Beckman is proposing to canstruct an amat�ur radio antemna tower at his r+esidence at ]&82 Sau#h Lane in your C�ty. The project is to canstruct a setf-supparting tawer ta height of 33 feet abave t6e ground io thc rear of his residence. This towor is going to hold two (2) VHF Vagi anLcnnas r�.s wei2 as a smetl! dish antennm for mtcrowave frequcncies. Since the pcesent City zonin,g requices s variance far stncctur�s over 25 feet Mr. Beckman is reqnesting a variance ta construct his planaed ant�nns tower. Several itams need to eddt�es�+d so yoa can make an ir�formed decision in this matcer. 1) Mr. Beckman is a licensed smatu�r radia operator and he daes utiliize scver.sl af the higb fc+�quency radio bands ta conduct his communicatians. One band of inunest is the 20 mcter banci whiclt allows communications over lcmg dista�►ees. To obtain rcliabie cr�mmunicatians on th�s band the tawet hefgi►t shovId bc one wavelength, wbich an ihis band is approximately 72 feet. However, Mr. Eteclunan has decidul to lower this tower height in order to make Ihe tower blend into the sarmaadingarea. 2) Since Mr. Beckman's main abjective in construeting this tower is W maximize his VHF and microwttve cximm�snication hc mnst have a tawer heigist af at least 33 fcet, since this praposed haight will peninit his nntenna system to hav� an unobstructed view of the satellite horizon. Since _ his present house roof is approacimatcly 32 feei above grnund this proposcd height, in my opinioa, is the Iowtst he ca» ccxsshvct wiihout ciramaticaiiy iaterfering with his cammuaications qbjectivcs. 3) The question af tower sa�fety has been cvnsitiered. 'i l�e drop zone aftha lawer. evtn considecing a total kngth drap, wilt s611 remain within the coniines of Mr. Beckman's property. In addition, anti-c2imbing devices wiit bc installed ta prevent unauthoriz,ed peaple from gaining acc,ess ta ihe tower. 4) A RF Ratliation stndy sbaws thaT the pmpascd tower, inciading al1 antcnnas, will be wel3 tae2nw ihc published ANSI standard. 5) I i�ave rcviewed the proptssal snd find that it trecsets ail tbe wind-loading reqnisemeats of the County and will not pose a safety hazard for winds af up ta 80 mph with an ice lpading factor. If you havc any questions in this marter ptease coniaet me. Sincercly, � -�,� �� s —� : Garrett G, Lys"sak, P.B. � � City of Mendota Heights Variance Checklist Daie: �'- (,>- �`7 Applicant: �,y ,�1nt�t„r, Case No: �W - Z. '�, v�'�a. Fee ($50 Residential, $100 Commerciai) �' b. Letter of Intent c. .Abstract Litsting a£owners lpcated within 350 feet afproperty. The applicant shall submit orie signed copy of the application and the following supporting documents: � i%� 1. Sketch plan showing all pertineni ciimensions, and including the location af any easements, having an influence upon the variance request. 2. c� Written consent and waiver ofpublic hearing, in a form prescribed by the City, by the owners of property withiz� I QO feet af the boundaries of the property for which the variance is requested, accompanied by a map indicating the lacatian of the property in question and the Iocation of property owners who ha.ve given consent, or, lacking such consent, a list of narnes and addresses of the owners of praperty within 100 feet of the baundaries of #he properiy for which the variance is requested. . ^� 3. If topography or extreme grade is the basis on which the request is made, all 1� topographic cc�ntours shall be submitted. X 4. If the application invotves a cutting af a curb far a driveway or grading a driveway. �� the applicant shall have his plan approved by the City's Public Works Director. � � _ � 0 �u. �,. �� . v� rn.t ott �t:�� ts�4u M�NllU'1'A H�iGH`t'S "' " I�003 August 2S, 1996 Pla�uiing Carnrnission af Mendota. Heights 1101 vctoria Cwrve Mendota Heights, MN 5511$ Dear Commission: . - .� It has come to our attention that the properiy owner of 1882 South Lane has requested a hearing for an 8 ft variance for the consb�uc�ivn af a harn radio tower. We object to the construction of this tower. We live at 190 ]. Wazxior Drive - directly acrass the pond frorn the subject property and South Lane. The major reason w�purchased our propertp was the views. Enjoyiug aur praperty atzd the �views from our home is what we enjoy while we are in owr home and what we do with our ` leisure time. You might say it is one of our hobbies. ' We fee] that the construction af ihis tower would not only take away fram the vie�w we now enjoy but wili diminish the value of aurLLproperty because we will be seeing this tower from our tiving raom -great raom, kitchen-breakiast raom, li�irary, screexi parch and deck, amusemetrt-game raom, office and back yard. - •� . W�hile we have yet to determine the extent of the urterference with other ele�tronic devices which operate on a similac basis, we have been #ald that aa invisible f�nce v+rhicl� we have for our dag couid be affected &om time to time as it operates sirmilar to a radio antena, i'his Qne factor alone, whiie we have no concrete proa� makes us e�ctremely uneasy. If you ha.ve ever been inconvenienced by spending haurs laoking for a pet partiailarly one wha loves the neighborhoad garbage cans you can understa7nd that erven once is too much not only for us but for our neighbors. , . �� ' We also urtders�tand that the consttuction of this towec violates the.restrictians and cavenants that pertain to the Ponds ofMendota Heights apart from the zoning ordinances ofthe City ofMendota Heights. These.rules were made for the mud�al benefit of all sturounding property owners. Ta grant a var�ance from these rules violates ttus prinicple and we object to it. Personally, we feel that one neighbors' hobbies and enjaymeat shauld nat #ake away from our enjoymeat, our property and our investment or diu�ninish the quality af our ciaily living, j2�{} 13 FEI}ERAL REYOKTE[t, 3d �EitI�S che�ck:; would be e�clusively proces:;ed ac- carrlin�; to the identificatic}n numhc:t•. in- cleed, I3oatmen's expluinecl in iks "Detici•iption of Services" that "funds are w�re ti•ansferred acrorc3ing to instructians provided hy the customer." Under these circumstances, we are persuaded that the indernnification ciaus- es da not peatect Boatmen's from liability. Finally, I3oatmen's argues that evidence of negiigence by Cantinental and its agent, the Comnrand, present genuine issues of material fact precluding the entry of summary judg- ment. $aatmen's aiteges that Continental was negligent because: (1) its agent, the Gommand, piaced the incorrect LBIT? on the check; t2} Continental submitted an invoice which did not include any LBID; (3) Conti- nental failed ttr review and recancile statz- ments provided to it to discover that it had not received the check proceeds; 5 and (4) Gontinental waited five months befare dis- covering and reporting to Boatmen's that it had not received the check proceeds. I9,14) We reject these arguments. Fust, we are unpersuaded that the Com- mand qualified as ContinentaI's agent. An "essential element oi an agency relationshig is the principal's right to control the conduct af the agent with respect to matters entrust- ed to him:' Martin Coi�a Co. v. King, 665 S.W2d 939, 9A2 {Ma.1984) (en banc). The record contains na evidence that Continental had a right to control any aspect of the Camrnand. It is true that Continental autho- z-ized the Command to place Continentai's LBID on the government checks. Cantinen- tal asked the Command ta do so, hawever, at Boatmen's request, and Boatmen's never in- formed Continental what would happen if the Command glaced the wrong number an the check. Similarly, Continental's failure to place the LBID on its invoices to the Com- mand is not negligence. Boatmen'5 sent a copy af a letter from Continental dated April i, 19$6, to the Command reflecting the lock box number for Continental, and there is no evidence in the record that Continental had a 5. She Wire Transfer of Funds Agreement provicl- ed that Continental agreed to: review and reconcile its statements of account and to repart to Bank fn writing within sixty (60) days ai` • statement date any discrep- ancies or ol s of any other type or nawra dut,y iu include the identificution number in eaeh of it�5 invoices to the Gomn�and. As far ati Cantinent�il's alle�ed feiilure to review I3oatmeds statement��;, the titatement�ti did not shaw thut I3oatmen's hud receivecl the Comrnand check. Thus, the unl,y wu,y Cun6i- nenkal could huve discovered that it hacl not been paid the eheck piroceed5 is if the {;an�- mand notified Continental. Boatmen's does not argue, nor is there xny evidence, th�t Continent�zl knew that the Command made the August gayment. We affirm the judgment of the district court. FAGG, Circuit Judge, disseniing. Although I agree with much of Judge John R. Gibson's exceilent opinion for the caurt, I do nat agree that "[t]he language in the agreements before us lacks the requisite clarity needed to indemnify Baatmen's #'or its misdirection af the funds." A�cte ai 1259. Instead, I believe the agreements' provisions requirs "Continental to indemnify Baatmen's [when] Boatmen's erroneously relied on an incorrect L$ID provided by a Continental enstamer." Cd. Thus, unless Boatmen's has failed to exercise ordinary caxe, the indemni- fication clauses protect Boatmen's from lia- bility. Ses Mo.Ann.Stat. § 900.A-103(i} (Vernon 19G5) (bank may not disclaim re- sponsibility for failure ta exercise ordinary care). Contrary to the court's view, I do not believe the cases the court relies on support the conciusion that in the circumstances of this case "Baatmen's payment of check pro- ceeds to a lock box other than [Continental's] ... canstitutes lack of ordinary care as a matter of law," A�ate at 1259. In my view, the reasonableness of Boatmen's actions rais- es a factual dispute that precludes summary judgment. I would reverse the clistrict court's grant of summary judgment for Con- tinental and i•emand for ttial. w p SKFYNUMBfRSYStEM T between Castomer's recore3s ot such transac- tians and thc statement I'urnishcd by Bank. Customer expressly agrces that thc failure t�> do so shal) rclieve Bank af any liability with rasp�:ct tn such discrepancics or abjcctions. YENTEL v. GITY OF MENDOTA FIEIGHTS �.26j CSfcast3 t�.3d I261 (SthClr, i494} A. 'Loning and I'lanning a14 Sylvia YI:IVTEL, Appe!lant, Federai Cammunicatians Commissian �, (FCC) ruling related to amateur rudio facili- ties preempts zaning ordinance that city has CITY 4F MEND{3TA AEIGHTS, not applied in manner that reasonably ac- Appellee. commodakes amateur cammunications. 1Va. 93-1t!'L6. United Stutes Court of AppeaLs, Eighth Circuit. Submitted Oct. 13, 1993. Deeit3ec! Jan. 18, I994. Amateur radio aperator sued city, claim- ing that zoning nrdinance, pursuant to which she was denied permission to erect 68-foot radio antenna tower, was preempted by Fed- eral Communicatians Commissipn (FCC) rul- ing requiring reasonable accommodation of amateur eammunicatians. The United States District Court for the District of Minnesota, L?onatd I7. Aisop, J., ent,�red summary judg- ment for city, and amateur radio operator appealed. The Court of Appeals, Bowman, Circuit Judge, helcl that city did not reasan- ably accommodate amateur radio operator when it limited her to continuing use of ineffective 56.5-foot antenna, and therefore city's zoning ordinance was preempted. Revezsed and remanded. l. Federal Courts «?1& District court's grant of summary judg- ment is reviewed de novo. Fed.Rules Civ. Proc,Rute 56(c), 2$ U.S.C.A. "L. Federal Civil Procedure c�2470.1 Snmmary judgment is approprsate in fa- vor of party that is entitled as matter of law ta judgatent in its favor where parties agreed that na material facts are in daspute. Fed. Rules Civ.Proc.Rule 56(c), 2£3 U.S.C.A. 3. Zaning and Planning «14 Zoning ordinance that neither banned nor imposed unvarying height restrietion an amateur radio antennas was not preempted un its face by Federal Communic�tions Cam- missian (FCC} ruling relating to amateur radio facilities. 5. Zoning and Ylanning «l4, 65 City's decision denying amateur radio aperator's appiication %r zanin� variance ta erect fif3-foot radio antenna tower, and limit- ing operator to continuing use of ineff�ctive 56.�faat antenna, dici not represent reasan- able accommodation of amateur communica- tions, and thus city's zaning ordinance was preempied by Federal Communicatians Commission (FCC) rulin�; pertaining ta ama- teur radio facIlities; city had no reasan to fear that antenna would interfere with other residents' recept,ion, operator addressed any cancern for publie safety, any finding that operator already successfully engaged in am- ateur communications was unreasonab]e, and concerns over aesthetics were undereut by city's agreement to allow operator to main- tain present antenna. 6. Zoning and Planning c�24 Federal Communications Commission (�'CC} ruling relating to amateur communica- tions requires municipality seeking to enforce zoning ordinanee to accommodate reasonably amateur eammunicatians, and daes not per- mit municipality simply to balance its inter- ests against federal gavernment's interests in promoting amateur communications. 7. Zoning and Pianning «i4 Requirement in Federai Communica- tions Commission (FCC) ruling that city rea- sanably accommadate amateur cammunica- taons daes not require city to allow amateur to ereci any antenna she desires; instead, it requires oniy that city consider applieation, make factual findings, and attempt to negoti- ate satisfactory compromise with applicant. 8, Municipal Corporations �53 Zoning and Pianning �14 Lacal regulation that impairs amateur radio communications is preempted as ap- plieci by Feder�al Communications Cammis- sion (FCC) ruling relatinp mateur com- ` ;" � � , 1262 13 FEDERAL REPORTER, 3d SEItIES munications if city has not crafted it to make reasonable accommodation for amateur com- munications while using minimum practicable regulation necessary to accomplish city's le- gitimate purpose. John Bellows, St. Paul, MN, argued (Christopher D. Inlay, Washington, DC, on brie�, for amicus curiae. Eric J. Nystrom, St. Paul, MN, argued, for appellee. Before MeMILLIAN, BOWMAN, and MAGILL, Circuit Judges. BOWMAN, Circuit Judge. Pursuant to its zoning ordinance, the City of Mendota Heights, Minnesota, denied Syl- via Pentel, an amateur radio operator, per- mission to erect a 68-foot radio antenna tow- er in her yard. Pentel then sued the city, claiming that the zoning ordinance was preempted by a Federal Communications Commission ruling known as PRB-1, which requires the city reasonably to accommodate her amateur communications. The District Court granted summary judgment to the city, and Pentel appeals. Because we con- clude that the city did not reasonably accom- modate Pentel when it limited her to the continuing use of her ineffective 56.5-foot antenna, we reverse and grant summary judgment to Pentel. I. Pentel is an amateur radio operator who uses radio communications to serve the pub- lic interest. After she was licensed by the FCC in December 1988 to operate an ama- teur radio and a station from her home, she installed on her roof a vertical radio antenna 1. Pentel's proposed antenna would be more ef- fectivc than her cxisting set-up Cor two rcasons. First. Pentel's current vertical antenna dissipates signals in all directions, while her proposed di- rectiona� antenna would concentrate and collect signals, thus increasing hcr ability to transmit and receive in a specific direction. Second, an antenna's effectiveness increases with iG5 height. Pentel's existing antenna is blocked by trees. Her taller replacemcnt antenna, when cxtended, would be at r � the taps of nearby trces, thus improving h d transmission and reception. that reaches a height from the �round of 56.5 feet. Over the next two ycars, Pentel was unable to establish reliable radio communica- tions with other amateurs across the United States, and she was able to establish only one international contact. Pentel concluded that her existing antenna thus was not adequate for domestic, much less international, com- munications. Accordingly, Pentel began preparing to in- stall a more sophisticated antenna. The re- placement was to be a retractable steel tower that measured 30 feet when lowered and 68 feet when fully extended. This tower, which Pentel planned to have installed professional- ly in accordance with its manufacturer's specifications, was to have mounted on its top two directional aluminum antennas.' Pentel was unaware when she installed her original antenna that she was violating the city's zoning ordinance, which limits all struc- tures, including radio antennas, to a height of twenty-five feet? While preparing to install her new antenna, Pentel became aware of the city's restrictions, and in January 1991 she filed for a variance pursuant to Mendota Heights, Minn., Zoning Ordinance § 5.5 (1981). The city evaluated Pentel's application through a planning report prepared by a city staff inember, and at a planning commission meeting and two city council meetings. The city then sent Pentel a letter in February 1991 telling her that her application had been denied. The letter did not state any factual findings, reasons for the denial, or what Pen- tel could do to gain the city's approval. In an attempt to offer Pentel aLreasonable-ac; �commodation,:as-rYequired-bysln re Federal Preemptian of State and Local Regulatim�s Pertaining to Amateur Radio Facilities, 101 2. The parties failed to furnish this Court a copy of § 8B.4( t) of the Mendota Heights •r.oning ordi- nance, and the city was unablc w furnish a copy when contacted by this Court. We do not pursue the issuc, however, because thc pxnics agrce. and the District Court [ound, that this scction limits Pentel's radio antenna tower �o a maxi- mum height oC 25 feet. YENTEL v. CITY OF MENDOTA HEIGHTS 1263 Cl�c us 13 F.3d 1261 (Blh Cir. 1994) 1�'.C.C.'Ld 951, 50 Fed.Reg. 38,813 (1985) (co- successful amateur communications and in diticd at A7 C.I'.R. § 97.15(e) (1992)) [herein- sustaining a sta•ong network of radio ama- after PRB-1 J, the city council granted Pentel teurs. The federal government's interests a special-use permit that allowed her to con- are aligned with those of the amateurs, for tinue using her existing antenna, which she amateur radio volunteers afford reliable had erected in contravention of the city's emergency preparedness, national security, zoning ordinance. and disaster relief communications. Because Pentel then filed suit against the city in there is a direct correlation between an ama- the District Court, claiming that the city's ��'s antenna height and her ability success- oi•dinssnce was preempted by PRB-1 in that fully to transmit and receive radio signals, the city had not reasonably accommodated federal interests are furthered when local her. Agreeing that there were no disputed regulations do not unduly restrict the erec- issues of material fact, Pentel and the city �►on of amateur radio antennas. both moved for summary judgment. The Dist►ict Court �•anted summary judgment in favor of the city on all claims: � Pentel ap- peals. II. [l, 2] We review de novo the district court's grant of summary judgment. United States ex rel. Glass v. Medtronic, I�ac., 957 F2d 605, 607 (8th Cir.1992). Because the parties agree that no material facts are in dispute, summary judgment is appropriate in favor of the party that is entitled as a matter of law to a judgment in its favor. See Fed. R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 326, lOEi S.Ct. 2548, 2552- 53, 2554, 91 L.Ed2d 265 (1986). Cases centering on zoning regulations gov- erning amateur radio antenna towers present a uniyue tension among the various parties' interests. On the one hand, a local munici- nality, through the exercise of its traditional police powers, may regulate the height and placement of radio antenna towers erected in residential disti�cts. A municipality's moti- vations for such regulation include the possi- bilities that ssn antenna may block the line of sight of pedestrians or drivers; constitute a prominent eyesore that also may interfere with a scenic view; fall on nearby residences; or decrease property values. Amateur radio operators, on the other hand, plainly have an interest in maintaining 3. In addilion to hcr preemption challcngc. Pentel raised various other constitutional challenges that are not rcnewcd here. 4. Pentcl's argument that the ciry's ordinance is void Cor vagueness is without merit. See Kolai- The FCC was attempting to referee the tension between these interests when it is- sued PRB-1, in which it attempted "to strike a balance between the federal interest in promoting amateur operations and the legiti- mate interests of local governments in regu- lating local zoning matters." PRB-1 � 22. After weighing lceal, federal, and amateur interests, the FCC issued a ruling that has a limited preemptive effect on local regula- tions. See PRB-1 4 24. The federal courts that have addressed this ruling have upheld its preemptive effect. See, e.g., Evans v. Board of Cou�tt� Comm'rs, 994 F2d 755, 760-61 (lOth Cir.1993); Tlaernes v. City of Lakeside Parly Ky., 779 F2d 1187, 1188-89 (6th Cir.1986) (per curiam). [3] Courts applying PRB-1 have dis- cerned two means by which PRB-1 may preempt a local ordinance. First, the local regulation may be preempted on its face. The city's zoning ordinance does not conflict on its face with PRB-1 because it neither bans nor imposes an unvarying height re- striction on amateur radio antennas. See Eva�cs v. Board of C.ozc�zty Comm'rs, ?52 F.Supp. 973, 976-77 (D.Colo.1990); Bzcichis v. Cit� of Edmonds, 671 F.Supp. 1270, 1274 (W.D.Wash.1987)' [9, 5] Second, PRB-1 also preempts a zoning ordinance that a city has not applied in a�anner'thaC�`reas`_onably�accommodates ama eur .communicaGons. See Evans, 994 der v Lu�+son, 461 U.S. 352, 357-58, 103 S.Ct. I855, I858-59, 75 L.Ed.2d 903 (1983); Williunes v. City of Co(urriHiu, 906 F.2d 994, 998 (4th Cir. I990). Y^ 12fi� l3 FEDERAL REPO1tTEK, 3d SEitIES T�.LcI �tt 7tii; Ma<•Mitltrrr i�. f;it.rf �� Rorkr/ Rirt•�; ?9R F.�upp. IZ91, 1'L48 tN.I>.t)hio 194)0). The F'(�C refused to specify a heiKht belu�i� �vhich loea! gove��nmen�s could not reg- ulate, and in�tead decixred that "loc�i i•e�ila- tions which involve placement, screening, or height of antenna.c based on health,safety, ar :ietithetic considerations must be crafted to accommodate reasonably amateur communi- catians, and to represent the minimum prac- ticable regulatian to accomplish the local au- tharit,y's legitimate puipose." PRB-i � 25. [6] Initially, we must discuss the extent co which Lhis language requires municipali- ties to yield to amateur interests. Although some courts have evaluated whether the mu- nicigaiity properly balanced its interests against the federal gavernment's interests in promoting amateur communications, see Witttarus u. Cit� of Colurubia, 906 F.2d 994, 998 (4th Cir.1990); MacMilla�� 748 F.Supp. at 1248, we read PAB-1 as requiring munici- palities to do more—PRB-2 specifically re- quires the city to accommodate reasanably amateur communicatians.s See Evarts, 994 F2d at 762-Ca3. This distinetion is impor- tant, because a standard that requires a city to accommadate amateur communications in a reasonable fashion is certainly more rigor- ous than one that simply requires a city to balance iacal and federai inierests when de- ciding whether to permit a radio antenna. [7, 8� Application of this reasonable ac- commodation standard, however, does not re- quire the city to allow the amateur to erect any antenna she desires. Instead, it requires only that the city "consider[ ] the application, ma[k]e factual findings, and attempt[ ] to ne- gotiate a satisfactory compromise with the applicant " Ncnuard % City of Burlingame, 937 F.2d 1376, 13&0 {9th Cir.1991}; see, e.g., �va�ts, 994 F.2d at 762 (stating that the county was willing to permit a crank-up tow- 5. At various places in PRB-i, the FCC siates that, in considering thc issuc befom it, i4 weighed fedcrat und amateur aperator intcrests against tl�ose ol' Iacal gavernmenu. After balancing thesc inieresta, the standard that the FCC con- cluded was appropriata was lhat a local govern- ment nyust reusona6Iy accommodate amateur ra- dio cummuni �. Sre PRB-1 4922, 24. er, :� sh�rter towe2•, or a tower lucxted clse- tiv}eere); Witliairt�, fHHi F.'Ld xt !Nl7 (:;tating th�t the cit,y t;u�;getited a limitation on the hours the antenna cuttld l�e extende<i, an�l noting that the amateur coald appl,y for � shorter :�ntenna). iJnder thi:; approach, a local regulatian that impairs amateur raclio communications is preempted a.ti xppiied if the city has not crafted it "ta uccommodate reasonubl,y amateur communications" tivhile using "the minimum practicable regulation [necessary] to accomplish the locai authori- ty's legitimate pur�ose." PRB-1 9`L5. The city informed Pentel that her applica- tion haci been denied via a bare-banes IettEr that did not list any bases for the denial. Because the city council failed to make any factuai findings,� ses Wlazis Bear Rod & Gun Club v. Cit� uf Hugo, 388 N.W2d 739, 742 {Minn.19&B} {holding in a case reviewing a city cauncil's denial of a speeial-use permit that a cryptic listing af reasons for the denial did nat constitute factual findings); Vaaa- La�zdscJaooi v. City of Me�cdotcc Heiglats, 336 N.W.2d 503, 509 n. 7(Minn.1983) (stating thai variances and speciai-use permits are treated identicalIy on judicial review), we need not consider whether, if it had, such findings would be afforded preciusive effect here, see University of Ten��. v. Elliott, 478 U.S. 788, 797-99, 146 S.C� 3220, 3225-27, 92 L.Ed.2d 635 {i986). Although the city failed to make any factu- ai fmdings, the planning repart and hearings suggest four potential justificaiions for the city's denial of Pentel's variance application. We now turn to those justifications. First, the city had no reason to fear that the anten- na would interfere with other residents'tele- vision and radio receptian; the city's pian- ning report states that Pent,�l was prohibited by the FGC from eausing, and that she could lose her license if she failed ta correct, such a problem. 6. Mendota iieighis. Minn., Zoniog Ordinanci § 5.5(5) (1981) states that thc city cuunciPS JC- tion in denying a variancc applicaiion "shall canstitute a Gnding and detrrmination by the City Councii that the conditions required tor approval do not exist." Thix conclusory lan- guagc dces not providc a coun with any dcK:u- mrnted, �numerated factuat fiiaciings to rcview. The city may havc madc iactu:�l tindings ior its pur�wscs, but it has nol for uu��s. YENfiEL v. CITY t)F M�NUOTA HEIGHTS i'L65 CUc:� i3 R3d i261 f8th Cir. 1494) ��',econd, 6he city expressed concerns abt�ut success rel'erred k� domestic communicatiuns the; iowee's :;afeiy in light ot the strang winds only. LhxL frequont the Mississippi River valley. Penlcl presented tu the city the manufactur- et':; s�7tcificatsons, which rate the tc�wer se- cure in cighty-mile-�x:r-h�ur winds. Al- though the city generally relies on auch spec- iiications produced by manufacturers, it de- clined to da so in Lhis case. In addition, the towei• was retr:�etable, anci the city could require Pentel to retract ii whenever bad weather threatened. Moreover, the city in 7 allawed a nearby amateur raciio opera- tor to erect a similar tower, and that one was closer to the operator's property line than Pentei's was to be. The record before us thus does not estaUlish a factual basis for the city's safety concerns, Third, the city claims that it betieved it reasonably accommodated Pentel because she a}ready successfu]ly engages in amateur communications. Pentel submitted with her application a lett,�r oi' commendation for her public services. The city's planning report concluded that this letter demonstrated the adequacy of Pentet's currenG antznna. Pen- tel has pointed out, however, that the public services cited in the letter were not related to the amateur cammanieations in whieh she engaged from her home. In fact, the letter makes it clear that the amateur communica- tians fcir which Pentel was to be commended were conducted at the Air National Guard base in Minneapolis. in addition, the mayor and some members of the city council indicated in their depasi- tians that they concIuded from Pentel's state- menks at the hearings that she already was communicating effectively, albeit not to the exteni she desired. `Phe hearings' minutzs indicate that Pentel stated that she was able to reach only sporadically various places in the Unitzd States, and that her current an- tenna did not allow reliable long-range trans- missians. When prompted, her attarney re- luciantly attempted to quantify the communi- catians: he characterized Pentel's cuiment chances far making contact at 40 percent, and estimated thase chances at $0 to �JO percent with the improved tower. The con- text af these rernarks and Pentel's other statemenG4 indicute that these chances of This quant�cution of PentePs ability to cammunieate was tharoughly mischaracter- ized by the mayor at his deposition, where he stated that Pentel was able to communicate worldwide GO tu ?0 percent of the time, but that she wanted to h�ve reliable worldwide cammunicatians IQO ps:rcent of' the time. One city cauncilmember understaod Pentel's statements regarding her transmission suc- cess, but others demanstrated a fuzzy uncier- standing, at best, of Pentel's sitnation. Al- though what constitutes "successfuP' amateur commnnicatians is difficult to quantify, the evidence in the record dces nai justify a finding by the city that PentePs old antenna enabled her "successfully" to engage in ama- teur communications, and the city was unrea- sonabie if it so found. On the record before us, the city's first three concerns lack factual suppoit. The city's last reason far denying Pentel's applicatipn, that the antenna tower would be nnsightly, rests an suhjective eonsiderations and is difficult for a reviewing court to evalu- ate. This reason is undercut, however, by the city's willingness to allow Peniel to keep her present roof-mounted antenna, which reaehes a height aniy slightly below that af her proposed antenna tower, and by the eity's allowance of a sim9lar antenna tower neazby. We acknowledge ihe passible aesth- etic difference between an antenna tower and a roof-mauntzd antenna, but there is na indi- cation in the record that the city attempted tn find any compramise that would have ac- commadated Pentel's amateur communica- tions. The eity's decision to grant a vat�ance that allows Pentel to continue using a wholly inad- equate antenna does not canstitute an accam- madation in any practical sense. In addition, because the city did not reasonably accom- madate Pentel, it obviously did not use the least restrictive means available to meet its le�itimate zoning purposes. We therefore hold that the city's zoning ordinance as ap- plied in this case is preem�y PR13-1. 1266 13 FEDERAL REPORTER, 3d SEKIES III. We ea:hoi�t the p�u�ties to work together to arrive at a satisCactory solution to this con- troversy. PRB-1 requu•es the city reason- ably to accommodate Pentel's needs as an amateur radio operator; what is allowed is the "minimum practicable regulation (neces- su•y] to accomplish the local authority's legit- imate purpose:' PRB-1 925. The District Coui•t's grant of summury judgment to the city is reversed, and the case is remanded to the District Coui�t for the entry of summary judgment in favor of Pentel. Our decision does not mean that the city necessarily must grant Pentel's application as it now stands, buL it does mean that the city must make a i•easonable accommodation for her interests. w p 5[EYNUNBERSYSTEM T Brian KEENAN, an individual resident of the State of Minnesota, Appellee, v. COMPUTER ASSOCIATES INTER- NATIONAL, INC., a foreign corporation, Appellant. No. 92-3261. United States Court of Appeals, Eighth Circuit. Submitted June 18, 1993. Decided Jan. 21, 1994. Employee brought action against former employer for defamation and fraudulent mis- representation. The United States District Court for the District of Minnesota, J. Earl Cudd, United States Magistrate Judge, en- tered judgment on jury verdict for employee on defamation and fraudulent misrepresenta- tion claims, and former employer appealed. The Court of Appeals, Hansen, Circuit Judge, held that: (1) evidence supported finding that � ��er did not have qualified privilege aga. famation liability; (2) def- umation damages were not excessive or un- suppoi�ted by evidence; and (.3) evidence sup- ported finding of' fraudulent misrepresenta- tion based on misrepresent:►tions ►•ega►•cling job qualifications. Affirmed. 1. Federal Courts C=776 District court's denial of motion for judgment as matter of law is reviewed de novo using same standards as district court. Fed.Rules Civ.Prac.Rule 50 note, 28 U.S.C.A. 2. Federal Civil Procedure c^,�-2126.1, 2608.1 Judgment as matter of law is appropri- ate only when all of the evidence points one way and is susceptible of no reasonable infer- ence sustaining position of nonmoving party. Fed.Aules Civ.Prac.Rule 50 note, 28 U.S.C.A. 3. Federal Courts a763 Where basis of motion for new trial is that jury's verdict is against weight of evi- dence, district court's denial of motion is virtually unassailable on appeal; key ques- tion is whether new trial should have been granted to avoid miscarriage of justice. Fed. Rules Civ.Proc.Rule 59{a), 28 U.S.C.A. 4. Libel and Slander a101(4) Under Minnesota law, qualified privilege from liability for defamatory statements en- compasses two-step approach: defendant must establish existence of privilege, and then burden shifts to plaintiff to prove that defendant abused privilege by actual malice. 5. Libel and Slander a101(4), 123(8) Under Minnesota law, to establish exis- tence of qualified privilege from liability for defamatory statements, defendant bears bur- den of proving communication was made upon proper cecasion, made from proper pur- pose, and based upon reasonable and proba- ble grounds; proper purposeissue and prop- er occasion issue are always questions of law For court to decide, while reasonable and probable grounds issue is generally yuestion of law for court, unless evidence permits of 1 KEENAN v. COMPUTER ASSOCIATES INTERN., INC. 1267 Clteuvl3 F.3d 1266 (BlhCir. 1994) more than one conclusion, when question be- 11. Libel and Slander G�l'l9(8) comes one of fact for jury. 6. I.ibcl and Sl�nder a51(4) Under Minnesota law, question of whether employer had reasonable and proba- ble grounds to believe statement made about employee was element of determining wheth- ei• qual�ed privilege from liability for defa- mation eacisted, and was not part of analysis of whether employer abused privilege through actual malice. 7. Federal Courts a908 Erroneous instruction in employee's def- amation action against former employer, im- properly combining reasonable and probable grounds inquiry into actual malice inquiry, did not harm employer's substantial rights, considering that employer would not have been entitled to qualified privilege if jury found it did not have reasonable and proba- ble grounds for statement even had proper analysis been applied. Fed.Rules Civ.Proc. Rule 61, 28 U.S.C.A. 8. Libel and Slander a112(2) Under Minnesota law, evidence relating to employee's performance and supervisor's knowledge of such performance supported finding that employer did not have reason- able and probable grounds for stating that employee was fired for poor performance; therefore, employer was not entitled to quali- fied privilege from liability for defamation. 9. Federal Civil Procedure «2347 Damage award of $100,000 against em- ployer for its defamation of employee was not excessive, and did not warrant new trial on employee's claim against employer for stat- ing that employee was discharged for poor performance. 10. Libel and Slander c�9(1) Under Minnesota law, defamatory state- ments about person's business reputation constituted defamation per se and give rise to presumption of general damages. 1. The Honorable 7. Earl Cudd, United States Magistratc Judge for the District of Minnesola, Jury instructions given in defamation ac- tion provided fair and adequate presentation of how to calculate damages for def;unation, and trial court was not required to specifical- ly instruct jury, as requested by defendant, that award of defamation damages could not be based on speculation. 12. Fraud a58(4) Under Minnesota law, employee pre- sented sufficient evidence that employer in- duced him to leave his old job and accept sales position through false statements re- garding job qualifications to support finding that employer was liable to employee for fraudulent misrepresentation, in light of evi- dence presented by employee that he was told that part of reason he was fired was that he did not have data processing background. 13. Fraud «58(1) Under Minnesota law, there was suffi- cient evidence that misrepresentations made to employee regarding qualifications for posi- tion were proximate cause of damages em- ployee sustained when he was later dis- charged to support judgment against em- pioyer on employee's fraudulent misrepre- sentation claim, in light of evidence that em- ployee was told that part of reason he was fired was that he did not have data process- ing background. Thomas P. Kane, St. Paul, MN, argued (Paul W. Iversen, on the brie�, for appellant. Kyle E. Hart, St. Paul, MN, argued, for appellee. Before McMILLIAN, FAGG, and HANSEN, Circuit Judges. HANSEN, Circuit Judge. Computer Assceiates International (CAI) appeals the district court's � denial of CAI's motion for judgment as matter of law or for a new trial, filed after a jury found for Keenan on his defamation and fraudulent misrepre- sentation claims in this diversity case. CAI presiding by the consent oE the parties. Sept 3,1996 Mendota Heights City Council 1101 Victoria Curve M�ndota Heights, 14N ��- Dear Sirs; We the undersigned make it.lcnown that we are opposed to the approval of a variance to Paul Beckman of 1882 South Lane for the corlstruction of a ham rad�o support struc�Lure and associated antenna equipment. NAME ADDRESS ----------------------------------------------------------- _J � � `.IGLr� ��n'�.2�' �� S! �7�� ,�.�e�c�� 5�--�'�i�x��l-�i ��1� �o �S -�'�� :� r��:�.� �., ; '��;r � f�� %,� C�c�:�� :��.� ��c �-� �-r�,y ��G�.:� . � �� % `� � l,�J �l � �� r �� L� .f.�� i� / 8�� / ..�� r ��/E �,-} � � ( �Ue s L�y (.�►�z, �.� � , 1 ' c�` �e � �l ��v 1 v�'� 6"'�''�'�` � � c.,��, �5�� v,� �� , �71 �� i�,�-�'.� � �, -: 'ti ° UECLA1tATI0N �UF COVCNAN'T5 CUNUI'�IONS ANU RCSTRICTIONS '1'll� PONllS Or P1�NllU'1'A Ii�IGlI1S ARCLIITECTUML CUNTRUL. No buil.ding, fence, wall, patio or otl�er atructure el»11 be commenced, malntnined upvn tt�e lote, nor el�all any addition to or cluinge or niteration tlierein be macle until tlie pinue nnd specific�tiona eliowing tlie n�ture, kind, el�ape. color, 1►eiglit, materials and locnti.oc� of t(�e ec�me el�all l�ave Ueen suUmitted to �nd approved•in writing by tl�e Arcl�ltectural Committee. No builcl.lug permit sl�all be iaeued u�itil n member of tlie Arcl�itectural Committee l�as eigiiecl tlie plans and spec,i��icativna for • tl�e l�ouse to be built. . 1 t RCSillCNTIAL USE. No lot or liouea sl�all be uaed except for residential ��ur��oae. NU NUXIOUS ACI'IVITX. No iioxious or otteiieive nctivities el�nll Ue co�iclucL-ed ou nny 1oC or livii�g unit� nor sl�nll �nything be doue thereon wliich may Ue or Uecome an annoynnce or uuiennce . to otlier Uwiiere. • • ' � ' '� : GARBAG� ANll REP'USG RGPIUVAL. No lot shall be used or m�intaiued as A dumping • ground for rubbisl�. Trasli, gnrbage or ott�er waste sliall not be kept except in � eanitary containere. •� P�U ANI�iALS �XC�PT P�TS. No fowl. nnimala or ineecta shall Ue kept on z��y l.lvi��g uiiit or lot except dnge� c�ta and otl�er common I�ouseliold peta, provided tl�at tl�ey are not kept, bred or maintained for nny commercinl purposes. FItOIIiIIITGU S',CRUCTUIiGS. No structure oF n temporury ciilrncter, truiler, U�►semecit, te�it, alinck, gara�e or otl�er builcling� except a perm�nent residence, sl�al:l Ue u9ed on acty lot t�t any time. No uneigl�tly or tic�licensed vel�icles may be etored on ��iy s lot. No detnched Uack yard r�torage ehed muy Ue kept on �ny lot. No cnmper, mvtor- ,'' home, recreationnl veliicle, boat, erniler bu truck ma be sCored in tl� vnt of any house for lou�er tl�nn 2�i houre. No satelite T.V. dieks are allowed ln tlie Ponde of Mendota Ileiglits. . • r1UU�L ANU SAL�S USI;. All use herein notwitl�etnnding, any living unit may Ue used for a model family residet�ce building, or for a real est�te office witli customary developme�it s�gna during tl�e development period of tl�e Ueveloper, its succeseora or aeaigna. ' IiAZARllUUS ACTIVITI�S PRU1li11IT�U. No owner shall eng�ge in or permit nuy activitlea in hie liviug unit, or mnintuin or permit nny condltiona in his living unit, wl�lcli would be coneidered extra-l�azardoue by tire inaurunce comptinies or would adversely a�f�ct tlie icieurability •oI tlia livi��g unit. � . . k.�: � D�SCRIPTIQN OF' SC�NIC �AS�M�NT TIIE R�SxRZCTXUNS I1GR�13Y ZMPOS�1? UPUN TIlC LANI)� Glze acCs wliich Clie GranCar covenants to retrain from daing upon tlie land lacated in tttie 'City af PiendoC�t Ile3.glits, Minnesota, by tt�e Grantor, Tlie.,Preserve of West 5r. Paul, are as . f ol,lows : l.. Tlie 5cenic Easemen� sital� apply to an area 2Q feet from tiie designated water level determined by the City of PiendoCa lieiglits. 2. llte general purnose of tEtis Scenic E�een�ent is to retain tite Iar�d and water predamin�ttley in Clieir nAtur�l, acenic, apen nr wooded condition, +a� as a suitable iiabitat for fisti and wild life. �f . 9. 2he l�nd shall not be used �or public utility purposes, other than ,•is necesaary .£or dr�inage improvement which connect to the pond Chrougli tlae acenic easernent. • 4. Structure� permanent ancl temporary, txailers, fences, advertiai��g signs, roads, iiard surface improvements are profiibi�ed. , 5: I�umping or placing of soil or otl�er substa�ice or material as l�cid— fiil, or dum�ing ar plac�ng of tr�sEi, wasCe or unsigiitly or offensive material ia prohibiCed. 6. �"he topograpl►q af tl�e latid �txd water liue eha11. be retained 3n its natural canclition,r and no graciiiig alterat:ions, exc�vation or top-- ogr.aptlic CIIIIIlg�9 sl�all Ue made ut�less autt�orized in writing by tlie City Administrator,o.E Mendota lleigt�ts, Minnesota. 7. Vegetarion may be p].anted on the,land that is 3udigenou� to tlie land and appropri�.te to tlie natural poticl edge ectvironment. Veget�t3ort wl.thin the easemeut may be n►�tiut�ined to pxevent dieease, ma:Lnta�.n scenic views and maintain variety of txatural platit species. i3. Activities detrimental to drainage, �lood control, water.conservation, erasion control or soil conservation, or £i.sh and wild life habitat preaervatian are prol�ibiCed. Tl►is Scenic Ease�nent a��plies to Lots 1— 13, Block i, The Ponds of Aiendota Iteigiits . , re-r,.-�� `� — 3 - `� � � � � � �� .�,rCri. �c.��, ; .�� /��. ,,�(r .,,�!�'C. ��3"/',4� � �. � .,�2��!t3 ��Cr.C��tJ .�� , r j•-f t�.fl��,.�rl�L. C,7`�L%� .I (.L�C.�t�... G�.� C.t.t� 1��"t � --___. . idI-C.�. _�GGU. ��f�! (..� Ll t J�iL�j��.C.�-GL�� :ICU%� �,,,�/'�i��-�.J . /�� i' jj�� /f �'�i �iy�� j� . `,�� t�t��-L.. �� C. �G�J'.�IC��,C./l�c��.A ��:�C. ✓ f ��{,Ui��}- �� U ..,f�cl1� .,�`,�'�.�� • �2� Cl��. t��L ��1'J .7 , , l � � ,, � � .:.<<:. � �%u�--�.�.,t�� j �, T�/ �;� f � _ C� ��t. .��'c.1t�Q,�!��L: � �� L�r��l, n� �.�i� � �T�22/�I � � �s � � �w � �� . _ �� l..,.�. �i�� / �.,-,,�� <�S� I t1 c?�`..�LC.� s ( � f �� , l ; / ,� � f 1 �i " � � � �,� l � } f : , � 1 ,,� ..� / ,r / .� 1,: � . / iff.� rr , i � %� � .II .> 1 ! ij 1 i .f,��► . �' /!� i ir�� .� �`-�� 31 � y �� "1 � �%�.�, �� -f�. ��,� �� -�.+..,��:.:. ��-�„�-.�, : �l� ,,P��- „� �,�,�- .4�.' ��.�-�._.�.�_. ..�- ,.�,. � ,ip�`'u"t�,�y�� , r��'�R�"�.s.,: '�^'`��'ii�-✓ l t �"" �t`- �iG"7�i1,GcZ,;�.�' �'�'"`- 'L/ �;lf��c'Ltl�h. ��'" a '-`-"�- �'-^-^' ./i"'��f/L /,"`.p�(�'" ' "^' "c"P"�"„�. VC/...i2 c�o /,,.� � �Jt/ � ��r� , �'_Zi`rti.Y �,,,J�"'�- �!�'�t.,. �-^0'CX/L'"tJri'4•^L, ��rc�l�.'%''t� . ( 1� �1 /. -'��'t..c �-.,�=-��"c.c' ,%� s��!'"a" """�z,.�!'.,a—^.'�.'-�"(? C ��1�..,�0 i.�� C-�r/1L.v�. _�o..cs,.�.�- �.d..�- J ��,�„r�.��„ c�']•� ,�' 7 V.s � ,�..�-� ��.�-�,,�. �..�.� , ��.��- � ,�1�'-P�ti��-�.... ,�,�'--�.�-ti--�� -,��v-�-�..�� /�� ...11/�.... G,-�-.-� ,-�-,�..��l,�-a..a. ,�,�.....�. .1�� 2��-c�. .�.� �s ;:�� .l�w,�*�- 1'-�..-..v�.-r..� e..� �,c,.c..c./ -- ��`U`..�'JC�.:t �-,.....,� ..,—,-�.�z-�.-� .�—� . ,�r �.-�..�.-� �-,.-��.- . �!t-"t-�--�,��, �e-. .�`''"�-�c-w- ac� • �-cc�.-� . . .� /1L'.�..�, o�t��'C�C�u.�,��' vuo r�t.f�'-�L�� ,,.��-�t.""f�t.¢.�z. � y2-G�-Ch. �/ �' �t'`/C'i`." `�',�.� �' `j`¢,t/`-' /'�'�'¢.'�" `�/S%vC h'-t.��`" .. � • ( �,2. . ''"�_ a;,,.��..�e��.,,,� �,.<,r.�' c�.r�.��.�- c.w'u.� �6-.sz..- �►.�ti�...�►-�-��,��' a'^-� ��,6w�{.y /�-�--� ,st..�:�.. �--�-��-c..� d--�. � �� ..: ,� .,�-,�,t.�C..�.�..�-�.d � .�- ,.�-,�- �..�.�' � �.;�..,�. ' ,�..y.,� -�`..�- �--r-�.,�...�.��-`.�°-,�--�{ . .� � { — �� "� � V ��:+""".-"�""�+Ci t��"'� /l,�¢,�""x"r�,G t � �� ;�.4p �jIN ""L'''1� �a-rw. �L 4�"�-C/1.. Q-t,R_. .►-,.-,� .,,�-�� .��, ��-- �.��-�-,�.,��t.. �..� _ v'v�,�,. d-. � ,�� ,��t''�,,.� �� ,,,,�d-P�..,.�. . .,�g ,,,t� �... .�.�.,.;t::r.�.�:�. ,�.� �� ,�-; . _ A . � . . .. ., ,� , .�:��."� --�.��-�.�,'� � -�,�;- � �' � s 81 .�,°�. �-.�`' �.`.�" �'� , - �-�-�-��- -�� -�- -z-� -��,.-�� ° -� �.�..�,-, �� - � -�,�.�' �- -� -��,-,-�r -� � � �� 'v-c'"�'" _ " " �'' �"°' ��-'"`��'��'� � , � �"r�.'"t ��7r !/ —^.-�,,-,,�� .,-, c�'� � -�-�-�r� ..,,, ' ' ��,,�- c,.,� •�.x, . , • � „� - ,.. , Case 96-26 Beckmann -- Height Variance for Antenna Tower City Council Meeting, September 3rd, 1996 INTRODUCTION � • I am requesting a minor variance for an antenna support structure to effectively engage in amateur ra.dio activities. • The support as proposed would be as high as the upper ridge of our home. A variance is only necessary because of the difference between the technical definition of "height" of this support and the "height" of a home. • The antenna's primary purpose will be communication through satellites in space. For that reason, they point in compass bearing and elevation, similar to the anti-aircraft guns you may have seen in war movies. • Satellite communication can only be engaged. in when the satellites are above the horizon. This window of opporninity totals about 4-6 hours per day for all the amateur satellites currendy in orbit In addition, the line of sight between the satellite and the antenna must not be blocked by roofs, foliage, or other substantial obstructions. • An antenna at 25 feet behind my home would be blocked by my roof, the roofs of my neighbors, and Sibley high school and would yield 10% communications effectiveness. This is the practical difficulty mentioned in section 5.5(1) of the Mendota. Heights Zoning Ordinance (attachment) • The proposal represents a sacrifice on my part of 30-40% of my communications effectiveness out of concern for the visual impact a higher tower may have on the neighborhood. OBTRUSIVENESS • The tower as proposed. would be considera.bly less than the 72 feet recommended by my consulting engineer. It would also be less than the 55 feet that would provide a substantially unobstructed view of the horizon except to the East. (TV slide 1—View from Finn's, eye level, of a 55 foot tower and antennas) • The support as proposed would be positioned on the lot in such a way as to totally screen the tower itself from most views from the sbreet and from my neighbors on our side of the pond. (TV slide 2--View from Finn's, eye level, of the proposed antenna in it horizontal position) • The tower would be a matte gray in color that would blend well with the stucco color on the back of the house and the gray tones of the cedar shakes of our roof, ma.lflng it very unobtrusive to all neighbors across the pond. From their perspective, the tower would be as high as the upper ridge of our home. • A substantial part of the antennas would be screened. from eye level at the curb in front of our home. ('TV slide 3--View from eye height at the curb in front of our house, looking up toward the antennas.) • The antennas proposed are small. (While antennas change over time, none would be substantially larger or longer than the ones in the cuirent proposal.) All but the largest elements would be nearly mvisible, even from a curb-side view. (photos of proposed antennas from a distance of 78 fee�) The distance to Finn's is about twice this which would ma.ke the antennas half this size visually. The distance to the Schueppert's, who are also unhappy about the proposal, is about 10 times this distance which would make these antennas about one-tenth this size visually. Page 1 Case 96-26 Beckmann — Height Variance for Antenna Tower City Council Meeting, September 3rd, 1996 This proposal would result in much less visual impact from the front of the house than a roof-mounted system This sort of system is not prohibited. by the zoning ordinance, from what I've been told. From the number of antennas on two-story homes mounted well above their roof line that I was able to photograph in an hour around this City, that must be true. (photos of antennas on MH houses and drawing of our house with other antenna towers) HEALTH AND SAFETY The support as proposed, in the unlikely event that it would fail, would be short enough and would be positioned in such a way that it would fall entirely on our property. This would not be irue of towers in alternate locations on our properry that would not require a variance. While the report from City Staff indicates that the Planning Commission found that approval of the variance would adversely impact of the health, safety and welfare of the community, my review of the transcript of the meeting did not reveal such a finding. I am very concerned about the undue alarm these unfounded claims ma.y raise among my neighbors! Safety has never been compromised in my planning of this projec� The tower would capable of standing in 80 mph winds with radial ice loading, a very conservative engineering design, indeed. The drop zone would be within our property, again a very conservative approach. INTERFERENCE • The energy transmitted would be directed toward the satellite up in the sky and the amount of energy radiated toward others homes would be much less than it would be with an antenna that radiates in all directions. • The fiequencies and power levels used for satellite communications are much less likely to interfere with surrounding electronic equipment. • Communications through orbiting satellites requires state-of-the-art equipment that by design is very unlikely to generaxe any interference. • I could lose my license if interference was caused by poor operating pra.ctices at my station. � REASONABLE ACCONIMODATION ('TV Slide 4-- Return to an eye-height view from Finn's of proposed system) • The cuirent proposal represents the minimum height needed for effective but limited communications through amateur radio satellites given the safety and screening issues al�ove. To hold me to 25 feet in the proposed. location behind my house with maximum screening would limit my effectiveness to about 10% of optimum and would force me to place one or two antenna towers 25 feet in height in the side yards of our home and possibly on the roof of our garage in full view from the street to achieve comparable communications effectiveness. None of these installations would require a variance. Page 2 Case 96-26 Beckmann -- Height Varia.nce for Antenna Tower City Council Meeting, September 3rd,1996 I have been a licensed amateur radio operator for nearly 30 years. I currendy hold an Advanced Class license, the second highest level and have for over 12 yeazs. In that time I have participated in support activities for the military, through the Military Amaxeur Radio Service, and, since moving to Mendota Heights, I have pazticipated in emergency preparedness training and exercises in through the metropolitan area ARES/R.ACES organiza.tions. The value to the local community of this type of communications capability is well-recognized. US Congress has specifically recognized the amateur satellite communications enterprise as one that has yielded real results, for example, the development of search and rescue satellite technology and use of satellites in low-Earth orbit leading to commercializa.tion in this decade (attachment). FCC Memorandum and Order PRB-1 recognizes the amateur radio service as being in the national interest and preempts all state and local regulations that do not reasonably accommadate the communications desires of the amateur. CONCLUSION • I argue that this proposal before you represents a substantial compromise on my part to the community's interest in reducing visual impact and the best possible solution to achieve modest communications effectiveness through ama.teur radio satellites. I respectfully ask you to grant this variance to reasonably accommoda.te the requirements of my desired communications mode. Page 3 5.4(5} Certif cates of Q��an Shal� Be IZequired far Non- onforrai�ag Uses Applicatian for such certificate a£occupancy for all'la.wful non-conform.ing uses or buildings created by the adoption of this Ordinance shall be filed with the Zoning Administratar by the owner to issue a certificate of occupancy for a lawful. non- confornung use. Failure to apply for such certificate of occupancy, or refusal of the Zoning Administrator to issue the certificate of occupancy shall be prima facie evidence that such non-conforming use was either illegai or did not Iawfuliy exist at the effective date of this Ordinance. � : �1 5.5{1) �'�r g�g. The Cauncii may grant variances from the strict application ofthe pravisions � of this Ordinance and impose conditions and safeguards in the variances so granted in cases where there are practical dif�culties �due hardships in the way of carrying out the strict letter of the regulations of this Ordinance. "Undue hardship" as used in connection with the granting of a variance means the properEy in question cannot be put . to a reasonable use if used under cond%tions allowed by this Ordinance and the hardship is due #a circums•tances unique to the pragerty, uot created by the landawner, aztd the vaziance, if granted, will nat alter the essential character of the neigb.borhood. Economic cansideratians shali not constitute au undue hardshzp if reasonable use far the propertY exists under this Ordinance, 5.5(2) �.��licafions. An application for a variance shall be filed with the City Glerk and shall state the exceptional conditions and the peculiar and practical diffculties ciaimed as a basis for a variance. The applicant shall submit ane signed copy of the application and the follawing supparting documents: 5.5{2}a Sketch plan showing all pertinent +dimensions, and iaciuding the Iocatian of any easements, having an influence upon the variance ar�quest. 5.5(2)b Written consent and waiver of public hearing, ain a form prescribed by the City, by the . owners af property within 100 feet of the boundaries of the praperty for whicb the variance is requested, accompanied by a map indica.ting the location of the property in questian and the loca.tion of tlie properiy awners who have given consent, or, Iacking such consent, a list of names and addresses of the owners of praperty within 100 feet af the boundaries of #he property for which the variance is requested 5.5(2)c If tapagraphy or extreme grade is the basis an whieh the reqnest is made, all topographi.c confaurs shall be submitted. 5.5(2)d if the applicatian involves a cutting af a curb for a driveway or grading a driveway, the applicant shall have his plan approved by the City's Public Warks Director. t�o�}�g __... �..�� ru.tsL1C LA.W 103-40$-4CT. 22, �1994 �Y ' .. � r'ublic Law 103-408 . 103d Cong�ress � � Joint�Resolution ` �� C1c�.22, 199d To recognize the achlevamenta of i►�dia emak�ura, and to entabliah ES.J. Rea. 9U) auch aaiatsi� aa national poliry. � �'�4 PUBLIC LAW 103-408—OCT. 22, 1994 10$ STF radio which increasingly is bein�g put to extensive use }n, for instance, the land mobile aervice: Now, therefore, be.it Resolved by the Senate and House o� Represeniatiues of the auPgort tor ilnited States af America itx Cangress assem led, � Whereas Congreea has expressed ita determinatian in eection 1 of the Gommunications Act af 1934 (4? U.S.C. I6I) to promote aafety of lif'e and properLy through the use of zadia cammunica- of new tecnnotog� ' 'Whereas Gongreas, - defin.ed radio at ��persona %ntereat� Whereas the, Fede� effective re at� aervice has seni Whereas these re� Code af Federa of the amatee�r r, (1) valuntar, larly with reanec {2} contribt communicat#ans ,�(' t3) aervice s technical aati op � techniiciane and 7 k(6} service e in section �7 of the Communicationa Act of 1934 established� a policy ta encaurage �the provieion es and servicea; in section 3:of the• Communicatione Act af 1934, �tions ta inelade amateur atations operated by d in radia technique without �ecuniary interest; �al Cammunications Commiasian has created an �r�► framework through which the amateur radio �ble ta acbieve the goals af the service; vlatione, set forth in part 97 of title 47 of the Regulations clarify and extend the purposes �dio service ae a— ' � noncommercial communication service, particu- t ta grovicling emergeaoy communicationa• tin¢ servica ta the advancement of i�e tele- encourages improvemant of an individual'a g ekille; . ng a nationa2 reservoir of trained operators,, �nics experts; and " �ii� �Iit8ri1A�,8ri8i g00C� Wl�i Whereas Congress finds that membexs oF the amateur radio service cammunity has pravided invaluable emerpency communicaiions aezvices followlx�gauch dieaeters as Humcanea Hugo, Andrew, and Iniki, tha Mt� SE. Helesis eruption, the Loma Frieta earth- quake, tornadoes flaode, wild fires and industria2 accidents • in �eat number anc� variety across the �Tation; and ' areas Con�ress finds that the amateur radio service has made �'s cantribut�an to Ot1T I`T8t1Qri'8 C0�'12Y1`tCAt10219 by its crafting :,� tr'jn 1961, of the firat Earth satellite licensed bp tha Federa� ,� �,Si'QII22�1LiriICA�OT18 COIril1�88�Ori� by its proof-of-concept far aearch �nd reecue satellites, by iis cantinued explaration of tha law � Earih orbit in particular poiniing the way to commercial use ° i.tDhereof in the X990s, by iis gioneering of communications using "t�fleations from meteor trails, a technique now used for certain � ��overnment and commerciel.cammunications, and by its teatling �ale in development of low-cost, practical data transmissiar� by -� m = ' � . •�� r SECTIdN I. FINDING3 AND AECLAR�1TIaI�IS UF COI�IGRESS. Con ess finda and deciares ihat-- �1} radio amateurs are hereby cammended for their con- tributions to technical progress in electranica, and for their emergency zadio communicatxona in times of disaster; (2) the Federat Communications Comnnission is urged to cantinue and enhancs the develapment af the amateur radia eervice as a public benefit by adopting rulea �and regulaiions which eacoura�e the uee of new technologies within the ama- teur radio sarvice; and • t3) zeaeonable accom.madation should be made £or the effec- tive operation of amateur radio £rozn residences, private vehicles and public areae, and that regulation at all levels of government ehouid facilitate snd encaurage amateur radio aperation as a public benefit. Approved Octaber 22, 1994. LEGISLATIVE HISTORY--S.J. Res. 90: SENATE REPOB'TS: No. 103-368 (Comm. on Commerce, Science, and Transporta- tion?. CONGRESSIONAL RECORD, Vo1.140 t1994): lfct. 6, considereti and pasaed Senate snd House. CITY OF MENDOTA HEIGHTS MEMO August 28, 1996 TO: Mayor, City Council, and City A� tor FROM: Patrick C. Hollister, Administrative Intern �� SUBJECT: Planning Case No. 96-24: Marc Olson, 832 Wagon Wheel Trail Discussion The Planning Commission held a public hearing on August 27, 1996 to discuss Mr. Olson's plans for a 24' x 28' detached garage located 10' from his house and set 10' back from his properry line. The garage would be made from a kit purchased at Knox. Mr. �� Olson told Staff that since he plans to replace the siding on his house soon, he would like the siding on his garage to match the future siding of his house, rather than the current siding. Mr. Olson currently has no garage, and thus building this garage would bring him into conformance with the City's Zoning Ordinance. There were no neighbors present at the public hearing to discuss Mr. Olson's garage. Recommendation The Planning Commission recommended 6-0 (with Tilsen absent) that the Council grant a Conditional Use Permit for a detached garage to Mr. Olson under the condition that Mr. Olson submit to the Council an accurate scale drawing depicting both his existing driveway and his rear-yard pool. Council Action Required Discuss Mr. Olson's proposed driveway with him and then if the Council concurs with the Planning Commission's recommendation, it should pass the attached RESOLIJTION NO. 96-_: A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE AT 832 WAGON Wt�EL TRAIL. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 96- A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A DETACHED GARAGE AT 832 WAGON WHEEL TRAIL WHEREAS, Mr. Olson of has requested a Conditional Use Pernut for a 24' x 28' detached garage located 10' from his house and set 10' back from his property line as proposed on plans on file in Planning Case No. 96-24; and .. WHEREAS, The Planning Commission of the City of Mendota Heights held a public hearing on this application at their August 27 meeting; and WHEREAS, The Planning Commission voted 6-0 (with one member absent) on August 27, 1996 to recommend that the City Council approve this request, ��- NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit for a detached garage is hereby granted, as proposed on site plans on file in Planning Case No. 96-24 under the condition that Mr. Olson submit to the Council an accurate scale drawing depicting both his existing driveway and his rear-yazd pool. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the proposed Conditional Use Pernut for a detached garage as proposed on plans on file in Planning Case No. 96-24 under the condition stated above will have no adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding land and that said proposed detached garage is not adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1996. ' ATTEST: : Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS : Charles E. Mertensotto, Mayor McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 ME M O R A ND UM TO: FROM: DATE: SUBJECT: APPLICANT: LOCATION: ZO1�IING: Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors Planning Commissioners of Mendota Heights Meg J. McMonigal, City Plannerti�`� August 27, 1996 Conditional Use Permit for Detached Garage Mark A. Olson 832 Wagon Wheel Trail R-1 aDescr�ption O��uest Mark Olson is requesting a Conditional Use Permit (CUP) for a detached garage at his home located at 832 Wagon Wheel Trail .�xisting Site Conditions Olson's home had a one-car detached garage that was recently torn down. He would like to replace it with a 2 and 1/2 caz garage, and is unable to attached it to the home. As proposed, Mr. Olson would build this gazage with a 10-foot setback from the side property line. There is a driveway leading to the reaz of the home, on the east side of the lot. This driveway is paved up to the property line; a 5-foot setback for driveways is required. With a new garage in the reaz of the home, this driveway may have to be extended. Any new pavement must meet the 5-foot setback requirement. Mr. Olson intends to use gray siding with white trim on the garage, and intends to re-side the house next year to match the gray and white. Action Reyuested: The Planning Commission can recommend: (1) approval (2) approval with conditions (3) denial An Equal Opportunity Employer Mendota Heights Planning Commission Olson Detached Garage Conditional Use Permit August 27,1996 Page 2 STAFF RECOMMENDATION: The City Planner recommends approval of the Conditional Use Permit for a detached garage, with the following conditions: 1. The new garage meet all zoning and setback requirements. 2. Any new driveway area be set back 5-feet from the property line. 1��'j'/��.�.�� ' .'.i► �-',.`� 'R"•>;� ►, ;�,�T .4= :� � �: � � i r� � . � i_ � e+N�� ii�i ��r � — . ►� �. 1 . . . .. . '►' , � t ; ....ltit� � � � � E � ; �. �i;� IIIIIIiI��I��f�i; t, ,� _ ; , ,� ��1,1� I � . ��,�f ��;�,,�� ; . �� , �� ;� �� ► I i � �;!!�it�llllfil ii��i f � � � . � � ity o� 1��iendota. Heights APPLICATICiN Ft3O CONSIDERATION PLANNING REQUEST Case No. �� ' � ,,,,,,, Date of Applicaiion a•�- q 6 Fce Paid �3 � D, o a APP2icant Name: d 1 S d vz. �4tt,� �{ � PH: � 8 b�" � 5S b tz,ast) tF'�) tM� Address: (Numbex &'Street) tC�tY) ��? C�P) C)wncr Name. _��v. l✓- at w► p a s � b� v p tLast� tF'�) � (M� .. Address: S n m� �t s t� �3 c� cr � {Numbec & Stx+eet) {t'�ty) tState) {Zip) Street Loca6on of Prope�ty in Question: �' 3 2 �� a a a►, W h�. e. �[ r'a �� ..�« � e t � s • •_`i�R t il ♦ � i, a • • � Type of Rtquest: _ ' Rezoning , ��'� C�an.ditionat Use Pe:m�it Cbntiitianal tTse Pernzit far P.0 D. Plan A,�pnt�val � Comprehcnsivo Plan Ameudment Variance Subdivision Approva�. � Wettands Peanit Qther (attach explanation} Applicable City Oxdinancx Number �� l Section �% . 2 � 7 ,�,! S Present zoa�ng of�P�emr R-- � Pr�senc Use _ �� r�I � ��'� C�A-�v� ��---� / (�,�„�.� T� Progosed Zoning of Fropertyy �� Ptoposed Use �' � ' r � I hereby dec�anc ihat s� stat�emeats madc ia this request aad on the sdditional materiat a�e true ' ,.i�i�d� ,� � ...��x✓ (Signature of Applic�nt) _ � �- � � t��) T . ��; (Rex�ived by - Tittel .. 1101 Victoria Curve • 1Viendota Heights,lViN � 55118 452 • 1850 � August 1, 96 Planning Commission Ciry of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Planning Commission: My name is Mark Olson and I recently purchased a home at 832 Wagon Wheel Trail. There was a one car unattached gazage at this address, but it was tore down before I closed on the house. What I would like to do is to build a 2 1/2 car garage in the same location where the one car garage was located. In� applying for the building permit I have learned I need to first go through the procedures of applying for an conditional use permi� I have met with members of the planning commission on several occasions. In doing this, ordinance 4.18 has been brought to my attention, which states that all homes are required to have at least a 2 car garage. So by building a 2 1/2 car gazage I will be bringing my property up to code. In building my garage I plan on complying with all of the city's set back and building codes and I do not request any variances.( see attached plat drawing) The garage I plan to build will be 24' x 28', the roof will have a 4-12 pitch with gables to match the house. I plan on using gray siding with wlute trim. (Currendy the house is yellow with white trim, but next year I plan on residing the house to match the g�ge•) I plari using the existing grade of the previous garage for the new garage. In addition, I do not plan on changing any of the existing landscaping in constructing the new garage. As you can see on the attached plat drawing, I do not have room on either side of my house to attach a garage. My only choice is to go with an unattached garage. Which in turn, forces me to apply for a conditional use pemut. Sincerely, � Mark A. Olson � CITY OF MENDOTA HIIGHTS NOTdCE OF HEARING August 8, 1996 TO WHOM IT MAY CONCPRN: NOTICE is hereby given that the Planning Commission of Mendota Heights will meet at 8:00 o'clock P.M., or as soon as possible thereafter, on 'Iiiesda.y, August 27, 1996, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to consider an application from Mark Olson for a Conditional Use Permit which would allow the construction of a detached garage on the following described property: Lot 5, Linden Addition More particularly, this property is located at 832 Wagon Wheel Tr�il. This notice is pursuant to City of Mendota Heights Zoning Ordinance No. 401. Such persons as desire to be heard with reference to the request for the Conditional Use Permit will be heard at this meeting Kathleen 1VI. Swanson City Clerk Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administration at 452-1850. � �.� -� � � �� .:a'i ' " k } .'�.� � r +'. � t � r f � r +��` i � �S . �' + � � s t ,��? : . � { � »%*�� r � ; 5 , 1 ��':s#t F!'. F �a: � •3� l # � }..J � ' �` � . y t �.t. � .- .� � �j �2 �� + � � � : : € {, : ��i+i � � � t z - t i � ; s : ! �' � � 1 i � �f .j, t "� � ' . �� . , ,, i. �- `r ,� '�� a , .. :, �1{}"_. .��' ...- �#t. � '�� " �� ; � �' � t � F'LAT DRAV�I�NG � s�; ;:�; �, �� _L::�:� �� . :;�.�;:�. '�� ''' � Ins Date: il15/S6 Ins S PCT in:''S�:�;755 P• P• Y� .�.,,3� ., . � E';:+� Address: 832 WAGON WHEEL TRAIL, MENDOTA HEIGHTS ;:�: ,.._ OI.SON r: LCT 5, LI�dDEN A�DITlON Th�s Piat D� awlr6 !s not lniendsd to be usec+ as a survey and should not be relled upon as such. The tot dimensions are taken trom the recorded piat or the county records and are assumed to be accurate. 7he IocaUon ol Ihe improvements shown on lhis drawirg are approximate and are based upon a visuai inspectlon of the premisea. A licen�ed surveyor should be contacted It an accurate aurvey Ss daslred. This plat drawinp does, nol constltuta a liabllily of lhe company end !s intended 1or use by lhe company oniy. �A�QN WHE�L TRAIL �nn n�• u��n nn• 7 �.,�;e,�" u 1" � 30' �1Q �e�-b��k � � Drilnnpe and U�illly IEasements � �_ __ - � Design Works (R), Knox Lumber, # 234 Eag:►n, MN Mon Jul 29 14:38:19199G ❑ � Drawing: Plan View 24' 2s' � )�y�) . -- --- '-- __ �,l,.� � _"'"7' ___ .3�� ..____ ___� _�_ _ oo/ oo/ ad ooi � ooi ,,. aai� oT�(` � oo, o�i ooi aa. i I ' �� F� •� 2� i,�' o� riz 8Z 1 z 9 a sz p?� � F�,-� . a i., y • . f . � � 1� _ .... �--_..,__�.. _.. ._��._: _._ _.. ._... � __ _'_"_" Y s ? , , �A �J��"'ey .,�� . iJ+ �„� ? � � � � � Y� � � � � 'G' � 9 � B � 6 � d/ � it �, �' '" F/ ,,r j O . - , ODI DO/ • 4P/ pp/ � _ f 1{ t�� Z� OP'/ __._._L 00/ �_ � Po/ _t_ �/ _.,,1 . 00/ � OOr r —_____.___._ �� Y�� l r i . �,, �. - �- ..�ha�r.��a� ��J ��r�rn�� ' %'�l� � / d ' . .., . . ,� �.;: 4` � N � �C.+. •• t � + . � � 1 r ,� � . �- City of Mendata Heights Canditional Use Permit Checklist Date: �/��—�"� Applicant: �1 a r k!? � S� v� Case No: � Fee: ($350 Normal, $5U0 far Planned Unit Development) ✓b. Letter of Intent V c. Abstract Listing of owners lacated within 350 feet afproperty. All applications for a canditional use perznit which are initiated by the petition of the awner or owners of the property in questzon shall be filled with the City Clerk no later than twenty-pne (21} days preceding the ne� regularly scheduled Planning Co�rEmission building. . AII applicatians for a canditianai use pernut shall be accompanied by twenty (20) copies of a set of plans and graphics containing the following informatian and falded, where necessary, ta the si.ze of eight and ane-half by eleven (8 ll2 x 11) inches. The Site Deveiopment Pian sha1l include: ,% _ 1. Location of all buildings on the property in question including both existing and proposed structures. �`" 2. Lacation of all adjacent buiidings located within three hundred fifty (350) feet of � L� the exteriar boundaries of the praperty in question. � �3. Floor area ratio. - �4. Location and number of existing and proposed parking spaces. �' ~5. � "Vehicular ciruulation. s E� L E,,—r�,�. D r-r ,� 7�:+ T` � � 6. �.Arclutectural elevations (�ype arid materials,.used af all e�ernal surface}. : �. _.. - �''��, Sewer ��nQ^Vvaier a�igunent, ��isting and proposed. , _ r i u. ..,v , �� ' � 8, Locatzo� and �a:nd�e power of all illuminaries. �t_ �. ,. . _ �� {�. �o�aiioii oi a11 exi�tin�; e�:semen�s. � - .a ' �� .� � , '�' �. .... ,,' .. � ...„ .J _ «, f' - , ,�" ..�- '+ J .; `�' •''j """ • "=� - � . t _ �� ;:,�. , _ t.:+ •.:r , ' � `�' <... , _;� ,.. _: ' . . . M .. . ,�: • �-„� 's'. . . _ ,r�2 ,�� r ` The Dimension Plan shall include: � Lot dimensions and area. V 2. Dimensions of proposed and existing structures. � 3. "Typical" floor plan and "typical" room plan. 4 Setbacks on all buildings located on property in question. �5. Proposed setbacks. The Grading Plan shall include: 1. Existing contour. _ 2. Proposed grading elevations. 3. Drainage configuration. _ 4. S#t�rmsewerea.tch-basins and.invert elevations..__ 5. Spot elevations. 6. P-r��esed-r-aad-pr-ofile:-- The Landscape Plan shall include: �E ��--�� 1. Location of all existing trees, type, diameter and which trees will be removed. ``� ��'� �� 2. Location, type and diameter of all proposed plantings. �3. Location and material used of a11 screening devices. a�a CITY OF MENDOTA HEIGHTS u_i��_ �T�i7 August 28, 1996 TQ: Mayor, City Council, and City Ad ' tr r FROM: Patrick C. Hollister, Administrative Intern �'�� SUBJECT: Planrning Case No. 96-25: Robley Evans, 716 Evergreen Knolls Discussion Mr. and Mrs. Evans attended the August 27, 1996 meeting of the Plan.ning Commission to discuss their application far a 3-foot variance to the side yard requirements for a driveway ta park their camper within 2 feet of the east praperty line. Sectian 21.4 of the zoning � code allaws ouiside storage of recreatianal equipment on one side oniy or the rear yard; all driveways are required to be 5 feet from the property line. The Evans already have a three-car gazage, and thus the Planning Comtnission did not feel that they had demanstrated a hardship sufficient to justify the variance. The Evans will be in attendance at the Septembar 3 meeting of the City Councii. Recammendatian The Pianning Cammission vated b-0 (with Tilsen absent) to recommend that the Council deny the application for a 3' variance to side yard requirements. The Carnmission further found that the proposed 3' side yard �setback variance for a parking area for a recreational vehicle as praposed on plans on file in Planning Case �]'o. 96-25 is not necessary to alleviate an undue hardship ar practical dif�cuity as specified in the Zoning 4rdinance, would have an adverse impact on the health, safety and general welfare of the citizens of the communit� and the surrounding Iand, and would be adverse to the general purpase and intent of the Zonin,g Ordinance. Cauncil Action Required Discuss the application with Mr, and Mrs. Evans and then if the Council concurs vvith the Ptanning Commission's recommendation, it should pass the attached RESOLUTION NO. 96- : A RESOLUTION DENYIl�TCr A SIDE YARD VARIANCE AT 716 EVERGREEN KN4LLS. � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 96- A RESOLUTION DENYING A SIDE YARD VARIANCE AT 716 EVERGREEN KNOLLS. WHEREAS, Mr. and Mrs. Evans of 716 Evergreen Knolls had requested a 3' side yard setback variance for a parking area for a recreational vehicle as proposed on plans on file in Planning Case No. 96-25; and WHEREAS, The Planning Commission of the City of Mendota Heights held a public hearing on this application at their August 27, 1996, meeting; and WHEREAS, The Planning Commission voted 6-0 (with one member absent) on June 25, 1996 to recommend that the City Council deny this application, �� NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a 3' side yard setback variance for a parking area for a recreational vehicle is hereby denied. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the proposed 3' side yard setback variance for a parking area for a recreational vehicle as proposed on plans on file in Planning Case No. 96-25 is not necessary to alleviate an undue hardship or practical difficulty as specified in the Zoning Ordinance, would have an adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding land, and would be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1996. ATTEST: : CITY COUNCIL CITY OF MENDOTA HEIGHTS : Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor c. McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 ME MO R A ND UM TO: FROM: DATE: SUBJECT: APPLICANT: LOCATION: ZONING: Telephone Engineers 612/476-6010 Pianners 612/476-8532 FAX Surveyors Planning Commissioners of Mendota Heights Meg J. McMonigal, City Planne�� August 27, 1996 Setback Variance for Driveway Robley D. and Joan M. Evans 716 Evergreen Knolls R-1 .�escr�tion Of Request The Evans are requesting a 3-foot vaziance to the side yard requirements for a driveway to pazk their camper within 2 feet of the east property line. Section 21.4 of the zoning code allows outside storage of recreational equipment in one side only or the rear yard; all driveways are required to be five (5) feet from the property line. Existing Site Conditions The Evans' lot is narrow and drops off steeply to the rear from the front of the house, making it di�cult to store the camper in the back yazd or on the west side of the lot. To the east of this property (the side where the variance is requested) is a lazge lot that could be subdivided in the future. Variance Criteria Attached is the variance criteria. The variance request meets some of the criteria; there does not appear to be any special conditions that apply to the proposed structure or land, and a variance is not necessary for the preservation and enjoyment of property. There may be a practical hardship as there is a topographical reason the camper cannot be stored in the rear yard, however there is a 3-car gazage attached to the home., and the camper could also be stored off-site. There are alternatives for storage of the camper. An Equal Opportunity Employer Mendota Heights Planning Commission Evans Setback Variance August 27,1996 Page 2 STAFF RECOMMENDATION: There is a topographical reason that the Evans cannot store their camper in the rear yard, however there are also alternatives to store the camper in the garage or off-site. The City Planner recommends the variance be denied; alternatively it may be determined that there is a sufficient hardship, because of the topography of the lot, to allow a variance for the driveway to be paved to within two (2) feet of the property line. EXHIBIT A: VARIANCE CRITERIA - Beckmann Height Variance Variance Criteria Criteria Met? Special conditions apply to the structure or land in No question are peculiar to the property and do not apply generally to other land or structures in the district. Variance is necessary for the preservation and No enjoyment of property. Adequate supply of light and air will be available to Yes adj acent property. The congestion of public street will not be reasonable Yes increased. The danger of fire or public safety will not be Yes increased. Property values will not be impaired in the surrounding Yes area. Health, safety, comfort and morals will not be Yes impaired. � Variance will not merely serve as a convenience, but is ? necessary to alleviate undue hardship or practical difficulty. 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L � � C ity o�r .��iendata Heigh�s APPLICATT4N FOR CONSIDERATION OF FLANNIlVG R:EQUEST ApplicantName. �Y�;S tLast) Address: '� I(,o ��t Y'�'+e�2 r�o1 L (Numbe.�' tr�t) b OwnarNamo; ��lQnS �l (�) Address: �71�' :.s�n ,� (Numbe�` & ) Str�ect Locatiaa af Pmperty in Qacslion: Case Na �f� • .�.5" Date of Application 5� - lo -�� Fix Faid � - +� - g i� � i�� t'�P) � C�P� . ��."N itit • � i►M l / ■ • ��d. ��/ � ♦ � �X`Yi of R�qu�t: � Re�oning Ocmd'itional Use Pcnmit Conditional Use Peimit for P.0 D, P1an ,Appm�ral Comps�eheasive Plan Amendmtat �_ Vaziance Subdivisioa A.pprova�. � Wct�mds Petmit Oth�er (attach c�Ianation} Applicable C;Yty Ordiaancx Number �'`��% 1 Saxioa 21 .�-- ;�•��( 5� Pres�can� Zoning of Pmpert� �i _� Pr�scnt Usc �! t�.i�. C.� �f}-� � c.� {• � rN 1""� �� tt �' Pir�pOscd Zon�ng Of Prapt.sty ��- I PmpoSs,+cl LTS�e I he,neby dec,lanc that �t s't�Cemeats mad� ia this. roqucst and on tiie additionat materia� are tru� . . . ts' �APP �►t� . �► „� - - ,i• I + . � (�;�ea�y-��e3 �. ...,.� rr r• _�._ __-__ !+__�___ _-_,�...,y,,.s... Y.I,.:,et.s-� lIX N. Q�11Q d��.1Q�(1 City of Mendota Heights Variance Checktist Date: � �2 �r L Applicant: �v�.�.�` . Case No: �Z't� • �`'" � Fee {$50 Residential, $100 Commerciai) � b. Letter af Intent �c. Abstract Listing of oumers iocated within 100 feet of property. The appticant shall submit one signed copy af the appiicatian and the fallawing supporting dacuments: r� �� : � ��f�� 1. Sketch plan showing all pertinent dimensions, and including the location of any easemen#s, having an influence upon the variance request. ✓ 2. Written cansent and waiver of public hearing, in a form prescribed by the City, by the owners af property within 100 feet af the boundaries of the properiy far which the variance is requested, accampanied by a map indicating the Iocation of the properiy in question and the location of property owners who have given cansent, or, tacking such cansent, a list af names and addresses of the owners of praperty within 100 feet ofthe boundaries af the property for which the vaziance is requested. � 3. If topagraphy or extreme grade is the basis on which the request is made, a11 tapographic contours shall be submitted. � �� 4. If the application involves a cutting of a curb for a driveway ar grading a driveway. the applicant shall have his plan approved by the Ciry's Public Works Director. fi �._.._ EVERGREEN KNQL,[.� 2�lD ADDlTION � . Gour�_�r pt.if trtN W.Ii N � � •... � saw r—n+ i J � � i i iJ ��► �.�. � 1 t� N ~ �}iW asw • �r"'1 �. «a H eq•2r'�o•e oae.ao � �� 1 �C? 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(i �" � f1 � �� f �/� ,n i /� 1 ` ! ` f t'` � `� r � ' 1 A i� i'y i i 'j � /1 � A 1 ,�� , ' y 'Z � !\ tV ll t� `l� ��% f`.� 1 l�'1 t/ t/ t i t �J iV , , y � r_ � L..._ .___ �. �.�/ c_ _. _. _ _ �._.� �J L�1 i ,�. �' ' 4 ��`�r'�� . "" ,�t.. .� .�. " , N �9'2i'3�'t 103l.43 '" � ,�..,� �� , _/� ,� . vi� G �v ' i� �i � J w 1`'��i-ni . . � � ; � .c,� .� �� % "/ :-� � , �� ;� '�� I � � Y �� s .� I � ♦ �' J � � , �' ' . ' . , . .fAME� R. N1L4. t C CITY OF MENDOTA HEIGHTS �_�� : August 28, 1996 --�. TO: Mayor, City Council, and City Ad s r r FROM: Patrick C. Hollister, Administrative Intern f� SUB7ECT: Planning Case No. 96-28: 7ames R. Pirkl, 610 Callahan Place Discussion Mr. Pirkl appeared before the Planning Commission to discuss his plans to divide his lot into two lots at 610 Callahan Place. The current lot is approximately one acre in size. The proposed new lot would have 104 feet of street frontage on Callahan Place, leaving 138 feet of frontage for the existing home. Lots within Willow Springs Addition were platted a long time ago as large lots. Since that time many residents of that area have received permission to subdivide these lots. Mr. Pirkl had received all the appropriate signatures from the neighbors. � Much discussion ensued among the Plaruung Commissioners over what the setbacks would be for the new lot if the lot division were pernutted. Mr. Pirkl informed the Planning Commission that he was considering constructing his new home in the southern portion of the new "L-shaped" lot with his driveway access extending to Warrior Drive. The Planning Commission was concerned about how setbacks would be established with a home in this location. Mr. Friel stated, however, that since Mr. Pirkl's request was for a simple "lot split" rather than a"subdivision", such matters were beyond the concern and authority of the Planning Commission. Please see the attached materials with Mr. Pirkl's application. , Mr. Pirkl will attend the September 3 meeting of the Planning Commission to discuss his application with the Council. Recommendation The Planning Commission recommended 5-1 (with Betlej opposed and Tilsen absent) that the City Council grant the lot division to Mr. Pirkl. (Mr. Betlej explained his opposition by saying that he was still unsure as to which side would constitute the "rear" of the new "L-shaped" lot, and thus he was unsure whether a house could be built on the new lot without needing significant variances.) 1 Council Action Required Discuss Mr. Pirkl's proposal with him and then if the Council concurs with the Pianning Commissian's recammendatian, it should pass the attached RESOLUTIQN 96- : A RESOLUTIt�N ALLOWING A LOT DIViSION AT 610 CALLAHA�t PLACE. CITY C1F NiEND(JTA HEIGHTS DAKOTA COUNTY, M[1VNESOTA RESOLUTION NO. 96- A RESOLUTION ALLOWING A LQT DIVISION AT 61p CALLAHAN PLACE. WSEREAS, Mr. Pirkl has requested permissian to subdivide his lot at 610 Callahan Piace as propased on pians an fiIe in Planning Case No. 96-28; and WHEREAS, The Planning Commission of the City of Mendota Heights discussed this applicatian at their August 27 meeting; and WHEREAS, The Pla�uling Cammission voted 5-1 (with one member absent) on August 27, 1996 to recornmend that the City Council approve this request, NOW, THEREFORE, TT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a lat division is hereby granted to Mr. Pirkl for 610 Caliahan Place. BE IT FURTHGR RESOLVED by the City Council of the City of Mendata Heights that the proposed Lot Division as proposed on pians on fiIe in Planning Case No. 96-28 will have no adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding Iand and that sa.id proposed Lot Division is not adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council af the City af Mendota Heights this 3rd day of September, 199b. �� I: CITY COUNCIL CITY OF MENDOTA HEIGHTS I' , Kathieen M. Swanson, Crty Cierk Charies E. Mertensotto, Mayar � L McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 MEMORAND UM TO: FROM: DATE: SUBJECT: APPLICANT: LOCATION: ZOI�TING: Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors Planning Commissioners of Mendota Heights Meg J. McMonigal, City Planne��y August 27, 1996 Lot Division James R. Pirkl 610 Callahan Place R-1 Descr�ption Of Request James Pirkl is requesting approval to divide his lot into two (2) lots. at 610 Callahan Place. The lot as it exists now is approximately one acre in size. Parcel A would have 23,235.9 square feet and parcel B would have 30,052.5 square feet in an "L" configuration. The proposed new lot would have 104 feet of street frontage on Callahan Place, leaving 138 feet of frontage for the existing home. Existing Site Conditions The lot is large enough to divide into two lots. To the east is a platted but unbuilt street; on the other side of the street are Sibley High School fields. Parcel B would become a corner lot, and would have to meet all of the required setbacks for corner lots. As shown the existing driveway crosses the property line; a five (5) foot setback is required for driveways. A driveway plan for Parcel B has not been submitted. There are some significant trees in the front yard; the driveway should be located to not damage these trees or their root systems. STAFF �ECOMMENDATION: The lot division as proposed meets the ordinance requirements. The City Planner recommends the lot division for 610 Callahan Place be approved, with the following conditions: 1. The existing driveway be removed to be 5' from the property line. 2. The new driveway be reviewed by City Staff in order to assure that the existing significant trees are not removed or harmed by the new driveway from Callahan Place. An Equal Opportuniry Employer m m - � � - 141- 0 � 140-0 �,p--� 5 � � !� . � _ 1 `� � I � J� �' r�--.-rr- � �------------- ----- � � 5 i I I �\ t s2-oo ° ( � �) � �� il � �) -�i� i ` �\ � I� /' .^• � \\ . t-oo � i �� '— --� i t, \I -oo � � , I I � 1 � I 1 �� - � � � 1 � � i � i� � I ��, - l i � � i � � ��—��f ' �� i � - ` ' � ••;; ::�: :;:��;:� :�: :�::: � � — ::?s�� :::::.:::::::•::•.; � � ; ;:�;:�:s;�:; :::: :::: � - I ::�•:::;•: •: •:.;:•• � �� ' :v�.:'.; ;�.;:. M I 1 I • �':' ;�;' ; ( � � 1 3�0-00 t' �� ' �j� � 1 ::'::. �� N � r---• / � ::� Ct10 (/'3►�1n�D �I IS��f �10 �9 T J �•� • `Y I V�V L ' � �� I • ��I��L �(\\\ � ' • � + I� ` � i (� �� I m • • • ` _ ' � — — \ `\ � -- � -------i — '' �i ----- Ii=-- ' � I � � � 3 � �� i� � � �i � � �i � �F�� ; � �-J;== -_- i ;�� i ��--_ , , ..,---., ,- � i ;j--- /� �'��►�� ,. , s. - � ;��!. � . _ .=__-= �. 2� �N� � Clty O� JAMES PIRKL - Planning Case 96-28 ug 1996 ��1/,,�j 1Viendota 610 Callahan Place Heights 1101 VICTORIA CURVE � MENDOTA HEIGHTS, MN 55118 (612) 452-1850 �� :�: -.� _ � 1t3T O� .�., j• .��ie�dota Hei��itS APPLICATION FO� CONSIDERATIQN PLANNING ItEQUEST Case No. `�l�'" z-� Date af Application �-�l ;� / �'r' C� Fec Faid '� -� -� r AFPlicant Namc: �'"� � 1CL ../rAf'k� 5 �.. PH: �» � � � % � `1� �) (F'�) (MI? Aaa�: �l� G�,R� ��,c.� �'� f�'�"�.�' r� h��' S s� t�� (Number dt Stroet) ((�tY� i�) C�P) Owncr Nauie• Q-� tF'�) ' {� Address: tNumbrr & SueGt) <CStY) ts�) f�P) Strerat Location uf'Prop�rty in Qucstiian: (� I� G'.�1 GLA rhi'f�,�.> �G.� � �.e�at �aan+c�f'F►ropercy: Lo7'" �'.�' �v�c.t.�r.,c�.� �,�2./.v � �1 �� Typc of R�qu�i.: , � R�ztming Cond'itiana�i Use Pcmnit C�mciitionat Use P�amit for P.0 D. Plan Appnavat � Comprehansive PIan Amendment Vaziaaoe Subdivisiaa Approva�. � w�� „C_ 4ther (auach explanation) Gvr" �P� t �' Applic�b�c CC:�tty 4rdiaan�c Numi�er Sectian Pm.seni Zo�ingaf Pr�pei�E3r _,�''=� Prescni Use ��'il?c�"�?'1 �9 t-- Pro��oscd Zoning of Property : Ptvposad Use I here�►y de�lanc ihat at2 sta�eme�ts madc ia this req�cst and an the additional materia� are tnae • (Si of Ap}�'iicant} � �� , . {Received by - Title) -- 11,41 Victoria Curve • 1�iendota Heights, 1ViN • 55118 452 • 1850 C ity o� ..., . � . ,�iiendc�ta. Heights LoT ��UtS�� . SIGNATIIRES t3F CONSENT FOR-i�%l32��iGS-REOttEST . TO: The Planning Commission, City oi Mendota Heights FR4M: RE: Property Owners of �..OT 3� C�ILt,.oc.J Sp,�1.J� ,cS,pDl�/ i l ' � 1.�,�T T�71 li �'S � o �.1 i� E.c�,:� S�' We the undersigned have reviewed the plans for • « and�understand the terms and canditions of the requested �a�'�ance-�f'or �1 b G.� �c-A��4-nJ l��-- t„ or aUJSo We have no ob�e� written ccinsent sincerely, 'NAME (Please Printj and consent to waiver of public !'"� 0 � � ,��1Qd � � �"A-r� � D 1 /�rJ��.- �o;� C.�1-1 , �uRTt�2 L A-�t fl � ��Y_,�� r � ,t�h'1 � �..��} �- � � �`�t'��ati. p�sT t� ? L��° �s ��r��y'� � T SIGNATUi2F ,V8 OUx' Q. •rM� : � r .�.... � � , , , . . . • � � �� .,, � �, 1202 Vietoria Curve • 1V�eridota Heights, 1ViI'd • 55118 452 • 1850 City of Mendota Heights Preliminary PIat Checkiist Date: �,� g (� Applicant: "F�' �z k..L Case No: �1. Fee: $335 2. Letter of Intent. �r�N,�T�Gt-s c�,= c: x�so„-, r 3. Abstract Listing of owners lacated wi�thin 35Q feet of progerty. Contents, The Pre�iminary Plat�shall cantain the fallowixig information: ��4 a. Proposed name of subdivisian; names shall not duplicate or tao closely resemble names of existing subdivisions. �b. Location af boundary lines in relation to a known sectian, quarter section or quarter-quarter sectian lines comprising a lega2 description ofthe property. �'' c. Names and addresses af the developer and the designer making the plat: t/d. Scale of plat, rtot less than one {2} inch to one hundred {100} feet. � e. Date and northpoint. Existing Conditions: Z-✓ a. Boundary iine of proposed subdivision, clearly indicatec� and to a close degree af accuracy. � b. Existing zoning classif catians for land within and abutting the subdivision. l,.�c. A general statement on the approximate acreage and dimensions of the lots. %�d, Location, right-of-way width, and names of existing or platted streets, or ather public ways, garks, and o#her public iands, permanent buildings and structures, easements and section and corporate lines within the plan and to a distance on hundred fifly {i50} feet beyond sha1l aiso be indicated. �r � ' 1 � e. Baundary lines of adjoining unsubdivided or subdivided land, within one hundred fifty (150) feet, identified by name and awnership, including all contiguous land aumed or contralled by the subdivider. �./f. Tapographic data, including contaurs at verticat intervats of nat more than two (2) feet. Water courses, marshes, rock outcrops, power transmission lines, and other significant features shall alsa be shown. U.S.G.S. data shall be used for a11 topographic mapping where feasible. (-{/�,J �- ?..,t � �.;rr;. `!.,� ( r�' � �.� Lv; �%}4 � ' s An accurate soil survey of the subdivisian prepared by a qualified person, j�.� i7 G�� +� � �-T '�-{-lS 7"i rvy� ✓g. A plan for soil erosian and sediment control both during conshuctian and after developrrtent. The ptan sha1l include gradients of waterways, design afvelociiy and erosian control ,measures, and landscaping ofthe erosion and sediment controi system. ` � vC. �'ln::.rC Iv"�'P�, / S imfr'I �� t `�!i �,j, / �'�%^.� � 1,! h. A vegetatian preservation and protectian plan that shaws thase trees propased to be removed, those to remain, the types and lacations oftrees and other vegetation that are ta ba planted. � i. Such other information as may be requested by the Engineer, Surveyor, ar Planning Commissian. � �'•i`i M � ' ' i . ••. r ♦ r y Thaf part of Lot 35, WiLLOW SPRING, Dakota Caunty, Minnesata which {ies narth of the South 60.00 feet #hereof and which lies west of the following described line. Commencing at the northwest corner of said Lot 35; thence Norih 73 degrees 26 minutes 38 seconds East, bearing assumed, a{ong the nor#h line thereof a distance of 138.00 feet to #he pan# of beginning of #he line to be described; thence South tJ8 degrees 30 minutes 54 secands West 113 feet; thence South 02 degrees 07 minutes 33 seconds East fo a point an the north line of the sauth 6a.00 feet of said Lot 35, and there terminating. •• i' i i � '' i . ••. s � w � That part of the sauth 60.�0 feet of Lat 35, WILLOW SPRfNG, Dakota Gounty, Minnesota which lies west of the easf 40,C?Q feet thereof and that part of said Lot 35 which lies north of said soufh 60.00 feet, and which iies west of the east 40.00 feet of said Lot 3.5, and which lies east of the fo!lowing described line. Commencing at the northwest corner of said Lot 35; thence North 73 degrees 26 minutes 38 seconds East, bearing assumed, along the north line thereof a distance af 138.00 feet to the point of beginning of the line to be described; thence South 08 degrees 30 minutes 54 seconds West 113 feet; thence Soufh 02 degrees O7 minutes 33 seconds East to a point on the north line of the south 60.00 fee# of said Lot 35, and there #erminating. ` CITY OF MENDOTA HEIGHTS MEMO August 30, 1996 "�'��. TO: Ma or Ci Council, and City Ad�i�i�tfator Y � tY FROM: Patrick C. Hollister, Administrative Intern�� SUBJECT: Bob Janecek, 1665 South Lexington Avenue Critical Area Site Plan Review Discussion Staff had noticed about two weeks ago that Mr. Bob 7anecek of 1665 South Lexington Avenue had cut down some trees and deposited some fill on his property. Mr. 7anecek lives within the Mississippi River Critical River Area, and thus fill and tree removal on his property requires a Critical Area Site Plan Review. Mr. 7anecek was served a violation notice by one of our Code Enforcement Officers on August 8, 1996. Mr. Janecek was then instructed to schedule an appointment with our City Planner on August 19. At that meeting, (with Tim Danielson and Pat Hollister also present), Mr. Janecek explained that he had only cut down one significant tree, and that the rest was scrub, small trees and volunteer trees. Mr. 7anecek also informed Staffthat he had contacted City Hall to inquire if he needed a permit for landscape work and was told that he did not. Whomever he talked to apparently was unawaze of the amount of fill involved and that the work would be within the Critical Area. Mr. 7anecek had cooperated with the City of Lilydale Colony Apartment storm water project to clear the southwest corner of the intersection of Lexington and Highway 13. Mr. 7anecek had also hired an engineer to attempt to address a"spring problem", causing water to run across his driveway, and the engineer had told him to cut trees near his home to install well points to dewater. Mr. Janecek intends to replace the trees with Blue Spruce. Mr. Janecek removed the one significant tree for safety reasons because the roots were exposed and it was on the verge of falling onto the road. The clearing of all of these trees has had the positive impact of improving corner visibility and safety for the traffic, but has had the negative impact of increasing noise and visibility for Mr. Janecek in his home. Mr. 7anecek bought the property in 1986. The house on the property was built in 1981. Mr. 7anecek says that the house had no ground water problems at the time the house was built, but that water problems began in 1989 or 1990. � T7uring the recent joint project between the City of Lilydale and the City of Mendota Heights, Mr. Janecek was very cooperative. He granted the City of Mendota Heights an easement across his praperty for a storm pipe. (Please see the plan ofwork attached.) Staff has allawed Mr. 7anecek to go directly ta Council for a Critical Area Review rather than to the Planning Cammission for the following reasans: 1. Mr. Janeeek does not intend to cut down any more trees, and now only has ta spread the fill, place tapsoil and replace trees. 2. Mr. 7anecek has purchased many evergreens which he is storing at his home and has not planted yet and these trees may die soan if not planted. Mr. Janecek also discussed that he eventually intends to build a second garage. Staff informed Mr. 7anecek that bui.lding a second garage would require several Variances, a Conditional Use Permit, and a Critical Area Szte Plan Review, Mr. Janecek says that he does not plan to build this garage for several years and the garage is nat intended to be part of this appiication. At the Pla.nrung Consultant meeting, Staff directed Mr. 7anecek ta prepare a Landscape Plan and a Letter of Intent explaining his project and submit it by August 28 in order far it to be placed on the September 3 Council Agenda. Piease see the attached documents submitted by Mr. Janecek. Mrr. Janecek will be in attendance at the September 3 Council meeting. Staffgave Mr. Janecek a Critical Area Site Plan Review checklist anci told him not to bring any mare fill in. Recommendation Sta.ffrecommends that the Cauncil grant Critical Area Site Plan Appraval to Mr. Janecek tc� finish his work {adding topsoii, seedingJsadding, and planfiing replacement trees.} Councii Action Required Discuss Mr. J'anecek's praject wifih him and then if the Cauncil concurs with Staff's recommendation, it should pass a motion granting Critical Area Site Plan Approval to Mr. 7anecek. a=--,e �' i �� Q� � .� C ity o� 1��ie�,data Heigl�ts APPLTCATION FtJR C4NSIDERATION OF PLANNING R�QUEST Case Na. Date of Application � Fee Paid ' 612-688-�157 - Res APPlicantName: �anecek, Rabert L. PH.'612-�52-56�2 - Of� {i.ast) tF'�) tM� AdclieSS: 1665 5. Lexinqton Ave. `!enc�ota I3eights, Pdn 55118-3607 (Ntmnber $ Street) (C"itY) is�) C�Fi OwnerName' Janecek, Robert L. & Baar, Brenda Marie " tL,�st) tF'�i . t�m .., Address' ��5 S. Z,exinqton Ave. Mendata Heights, Mn 55118-3607 • (Number & Shreei) {C'�tyj {Staie) iZiP} Sireet Location of Property in. Question: 1665 S. Lexington Ave . LCg81 DC�tigtiOII Of Pt+OpClty: See Exhibit A Attached Type of R�quest: . Rezonin$ C.onaidonat vsc Pcimit Conditionai Use Ferntit far P.U.D» Plau A.pp�roval Comprehcnsive Plan Amendnient Vaziance Subdivision Approvai. � Wctlauds Permit C?ther {attach eaplana€ion} Applicablc C�ty (7rdinance Number Sectian Present Za�ing af•Pmpertyr Pnesent Use - it! i! �1 t' •� 4t+.+ !!/ i� I herehy decla� that ali sta�ements madc in this rEquesc and adciitio materia� arc true _ • _ � r y� 4 (Si�,III+C Of i t) . .� �� • {Received by - Tide) ' 1101 Victaria Curve * 1Viendota Heights, 1VIN • 55118 452 � 1850 sos jarrEcBc 1GG5 SOUTH LEXINGTON AVENUE MENDOTA HEIGHTS, MINNFSOTA 55118-3607 August 29, 1996 T0: City of Mendota Heights RE: Letter oP Intent Attached is my Application for Consideration regarding my property at 1665 South Lexington Ave. In the previous two years a Storm Sewer Project was completed on two sides of my property. This Project left a large unfinished area. I am in process of finishing the area with fill, tapering, and planting of twenty five Spruce Trees per the attached plan. The fill is already in place and consists of sand and clay. I purchased this fill from the Liquor Store construction project on Hwy 13 in Lilydaie. Apgroximately 35 loads of fill have been hauled in to this location. I will be adding top soil after the fill is spread and tapered. Since this Storm Sewer Project took out many trees and ground cover I have had a considerable increase in road noise on my property as well as erosion of the soil. My project will help prevent this erosion, hopefully reduce the noise levels, as well as make the corner much �:y::.��,.�,--.,:7;.}--.--�•, more pleasing to the eye. Also� for the Iast seven years, I have had a ground water problem on ihe South side of my drfveway. The engineers thought the Storm Sewer Project would help this problem, however, the problem still exists. Therefore, I am in the process of finding the source of this water problem to determine if it is coming from the Storm Sewer or elsewhere. I am aiso enclosing for your reference as Exhibit B some long-range �plans I have for the addition of a garage, existing garage addition, and four season porch on this property. � Thank you for your consideration. Sincerely, � �'.(.� � Bob Janecek � � ;�-.r - .�c ,�'� ,a r� � `8 �� ` �,.. �'�. � " � r r r � � 1 � � f � ,�/� / � � � . �,. / �`n / � � ' r :- . �. % �,,,�. � ,'1 � _ , � � 7' `� "�t► • v,- / ' s�.�� y'' '�'i' "�� ' Tp � f � . ,;, ' ' 0� '. r� ��40 ' r ` O� �' .- ,, ."'"�,;, � ' 1 �,� • ..-'� 1 � , , 1 � • � � � ` S ` � 7JP,•� r� ,r ��rry � 6 l � i' � � °� a� � � � �, . �' � �� , . � 8 �, � � �' � �r��l �� ti � �. - � � 401+ % `� � � � . � � 1,��,L . � 4 ' 9 �.��.�. a�, - � � . o j" t,. � o� os s �1 � �C �c� � � .� �.�!'.....'t .� ,� . � � PROPERTI PROPOSED-COLORADO BLUE SPRUCE EXISTING TREES 1 " = 40' �' i ' � � ��_�h � .,, • ,� •y��,�� . 1 `til �' , � yl� '� \t D � ' 1 � �- � ` �` � ``'� . . ��. .'� ,, i. o�` -� �r;,. L� \`�`,� �� `f j'� � ^ ,i `r�;; ••`� . •�`' " �.. '� .. � f ..a . ` �: :, =, - ` ,,: ., , ♦ +l.•i. `�y' i ..+ S`yt 1`,t ,� `,4 4,� �; ' J 'i . ��7� ' �\' t r ji„ ^ { ; . . �,� �' ' � ''��\ � z tii, � G .a � = ' � �� , r �`'N� ' ,r.� � ,y� • • f � J • J ' j . � , i �:�- R , + .�, . . `'�♦ t� 1 � •S. . , �Y ��;; � . �1 j �t ` � -R . : J=Y .. ; f � . � `, �t . l� . �.�';. t .� � ,/� � ` � �� , , . .-' � • , , �� _ - .. ��-z,.,°f , , � , �l��.:, f.�,,C �� ; '• t./ �� i, • � ��". ` � ; f -�'' , . ��I �',`:' � . T v.; � ` .�� ;Vt� _ f � �b � � .,, • �� •, t,�'. .. `� . � � � , p _ .. . .(` . ♦ /F%i •,. � �- { � ' j f• � ��I i �� e '�1.��+ � �`, \ �\�,� � •,r.S: � 1 `�� -'..�+i" � p � ' � �`� -.): i . ti . . � . � � Y � • / ;"�� u a� .. • . j ,� . t;. . � > ' .,�"�. p �rt:r 't f. 't 1 h, r f fj %t': �i • �I!Y \\},,'f' �`J1t.'\ •\' ♦• 1 i.�C:,.;rf "�.,,�' 0 � \ - , �1�.. �✓� Qf _ _ 1 : ..'^"�^-"'='" i . % •. s . • " �� - '`� �, �. ' �� f� ' �+ � ,5+,' \ . r rr � 1� 4 � \ : �. � �f f!, - � l ��''� :.` � J .3 �� F • ' �• •� ,1. ',\ � i '_ •,...� . : � (. , (��\;;��k. \ . , . .,,,.,i� � � �.��: � �,� �.�,, �,< � � :� � .�.� jj�� I 1� L � • �� C (r-�� . i� } - � � � . . �t-- ; s � - � d � �. _� �''., '� �i r 1 , �. � � ; ...% ; � C; � .y. .� G,� ;: , . . . ,. : {�- . � i � City of Mendota Heights Critical Area ChecWist Date: S �� Applicant: Case No: a. Fee: $ V b. Letter of Intent lv�� c. Abstract Listing of owners located within 350 feet of properiy. A site plan shall be prepared to a scale appropriate to the size of the project and suitable for review to be performed. The following information shall be provided in the site plan: ✓1. Location of the property, including such information as the names and numbers of adjoining roads, railroads, existing subdivisions, or other landmarks. V 2. The name and address of the owner(s) or developer(s), the section, township, range, north point, date, and scale of dra.wings, and number of sheets. Gl�' ?�'ovlD� _ 3. Existing topography as indicated on a contour map having a contour interval no greater than two (2) feet per contour; the contour map shall also clearly delineate any bluff line, all strea.ms, including intermittent streams and swales, rivers, water bodies, and wetlands located on the site. G �TY �%�2ov IT��D _ 4. A plan delineating the existing drainage of the water setting forth in which direction the volume, and at what rate the storm water is conveyed from the site in setting forth those azeas on the site where storm water collects and is gradually percolated into the ground or slowly released to stream or lake. _ 5. A description of the soils on the site including a map indicating soil types by areas to be disturbed as well as a soil report containing information on the suitability of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable. All areas proposed for grading shall be identified by soil type, both as to soil type of e�sting top soil and soil type of the new contour. The location and extent of any erosion areas sha11 be included in the soils description. _ 6. A description of the flora and fauna, which occupy the site or are occasionally found thereon, setting forth with detail those areas where unique plant or animal species may be found on the site. ��/� 7. A description of any features, buildings, or areas which are of historic significance. 1 � _ 8. A map indicating proposed finished grading shown at contours at the same intervals proposed above or as required to clearly indica,te the relationship of proposed changes to existing topography and remaining features. �. � � .� � .. x 9. A landscape plan drawn to an appropriate scale including dimensions, distance, lacation, type, size, and description of a11 existing vegetation, clea.rly locating and describing any vegetaxion proposed for removal and all proposed landscape materials which will be added to this site as part of the development. , � � �e:, � � % 1��'�10. A prop`ose� drainage plan of the developed site delinea.ting in which direction, volume, and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect and gradually percolate into the soil, or be slowly released to stream or lake. The plan shall also set forth hydraulic capacity of all structures to be constructed or existing structures to be utilized, including volume or holding ponds and design storms. _l l. An erosion and sedimentation control plan indicating the type, location, and necessary technical information on control measures to be taken both during and after construction including a statement expressing the calculated anticipated gross soil loss expressed in tonslacres/year both during and after construction. 12. The proposed size, aligmment, height, and intended use of any structures to be erected or located on the site. ✓13. A clear delineation of all areas which shall be paved or surfaced including a description of the surfacing material to be used. �4. A description of the method to be provided for vehicular and pedestrian access to the proposed development and public access to the river and/or public review view opportunities both before and after development; a description of the development's impact on existing views of and along the river. �5. A description of all parldng facilities to be provided as part of the development of the site including an analysis of paxldng needs generated by the proposed development. �6. A delineation of the area or areas to be dedicated for public use. r" _17. A delineation of the location and amounts of excavated soils to be stored on the site during construction �/1'8. Any other information pertinent to tha.t particular project which in the opinion of the inspector or applicant is necessary or helpful for the review of the project. Note: Twenty copies of all of the above materials must be submitted by noon on the first Tuesday of the month. All materials larger thau 8'/z" x 11" must be folded to that size. �. � ` CTTY OF MENDOTA HEIGHTS MEMO August 28, 1996 � TO: Mayor, City Council, and City Ad '' ator FROM: Patrick C. Hollister, Administrative Internp� SUBJECT: Phil Bifulk, 1936 Glen Hill Critical Area Site Plan Review Discussion Mr. Jim Corrigan, builder representing Mr. Phil Bifulk, met with Staffthis week to discuss plans for a new single-family home on a vacant lot on the corner of Culligan and Glen Hill: Staff informed Mr. Corrigan that he needed Critical Area Site Plan Approval to build this house, and provided him with the appropriate checklist of all materials he would need to submit. Mr. Cradit, architect, submitted a complete application in time for the September 3, 1996 meeting of the City Council. Please see the following materials accompanying Mr. Bifulk's application: 1. Letter of Intent 2. Elevations 3. Landscape Plan 4. Site Plan Apart from needing a Critical Area Review, this house conforms to our Zoning Ordinance in all other regards. Thus the applicant was allowed to go directly to Council per Ordinance No. 175. (Please see the attached Ordinance.) Recommendation Staff recommends that the Council grant Critical Area Site Plan Approval to Mr. Bifulk. Council Action Required Discuss the proposed new home with Mr. Cradit and then if the Council concurs with Sta.�s recommendation, it should pass a motion granting Critical Area Site Plan Approval to Mr. Bifulk. _. � • - 379-4947 FN( 379-8875 CRADIT & ASSOCIATES, INC. 67 EIGHTH AVE. N.E. MPLS., MN 55413 "PROFESSIONAL DESIGNERS OF OUTSTANDING HOMES SINCE 1968" August 28th, 1996 THE HONORABLE MAYOR AND COUNCIL MEMBERS OF MENDOTA HEIGHTS This letter will certify that Phil Bifulk at 1805 Eagle Ridge, Unit 4, Mendota Heights. MN 55118 will construct a single family, 2 story house on lot 2, block 2, Valley View Oaks, Mendota Heights. This property is quite flat and has no trees located where the house is proposed. The rear of the property is 5' to 6' higher with the existing trees to be incorporated in the landscape design. Since this Jo# was filled with highway soil and is needing to be corrected, some soil may need to be removed in direct amounts to the good soils brought in. Please refer to landscape plan and soil reports submitted with this letter. Every effort has been and will continue to be made to make this house conform and be of the highest quality to the neighborhood and city of Mendota Heights. Respectfully Yours, c � �+.�a �� James B. Cradit Designer City of Mendota Heights Critical Area Checklist Date: � Applicant: Case No: Va. Fee: $ �i' b. Letter of Intent Mi�o2 N�� c. Abstract Listing of owners located within 350 feet of property. A site plan sha11 be prepared to a scale appropriate to the size of the project and suitable for review to be performed. The following information shall be provided in the site plan: � 1. Location of the property, including such information as the names and numbers of adjoining roads, railroads, existing subdivisions, or other landmarks. -. �2. The name and address of the owner(s) or developer(s), the section, township, range, north point, date, and scale of drawings, and number of sheets. �3. Existing topography as indicated on a contour map having a contour interval no greater than two (2) feet per contour; the contour map shall also clearly delineate any bluff line, all streams, including interxnittent streams and swales, rivers, water bodies, and wetlands lacated on the site. ✓�4. A plan delineating the existing drainage of the water setting forth in which direction the volume, and at what rate the storm water is conveyed from the site in setting forth those azeas on the site where storm water collects and is gradually percolated into the ground or slowly released to stream or lake. Lj,e o�= IN%�li A description of the soils on the site including a map indicating soil types by azeas to be disturbed as well as a soil report containing information on the suitabilifiy of the soils for the type of development proposed and for the type of sewage disposal proposed and describing any remedial steps to be taken by the developer to render the soils suitable. All areas proposed for grading shall be identified by soil type, both as to soil type of existing top soil and soil type of the new contour. The location and extent of any erosion areas shall be included in the soils description. ✓6. A description of the flora and fauna, which occupy the site or axe occasionally found thereon, setting forth with detail those areas where unique plant or animal species may be found on the site. }�� 7. A description of any features, buildings, or azeas which are of historic significance. �I/ 8. A map indica.ting proposed finished grading shown at contours at the same intervals proposed above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining feaiures. �9. A landscape plan drawn to an appropriate scale including dimensions, distance, location, type, size, and description of all existing vegetation, clearly locating and describing any vegetation proposed for removal and all proposed landscape materials which will be added to this site as part of the development. �%10. A proposed drainage plan of the developed site delineating in which direction, volume, and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect and gradually percolate into the soil, or be slowly released to stream or lake. The plan shall also set forth hydraulic capacity of all struciures to be constructed or existing structures to be utilized, including volume or holding ponds and design storms. Srr.)�L� �� G-h�r�� /� 1 l. An erosion and sedimentation control plan indicating the type, location, and necessary technical information on control measures to be taken both during and after construction including a statement expressing the calculated anticipated gross soil loss expressed in tons/acres/year both during and after construction. C/I2. The proposed size, alignment, height, and intended use of any structures to be erected or located on the site. �3. A clear delineation of a11 areas which shall be paved or surfaced including a description of the surfa.cing material to be used. ��14. A description of the method to be provided for vehicular and pedestrian access to the proposed development and public access to the river and/or public review view opportunities both before and after development; a description of the development's impact on existing views of and along the river. V 15. A description of all parking facilities to be provided as part of the development of the site including an analysis of pazlcing needs generated by the proposed development. ��16. A delineation of the azea or azeas to be dedicated for public use. ✓ 17. A delineation of the location and amounts of excavated soils to be stored on the site during construction , �8. Any other information pertinent to that particulaz project which in the opinion of the inspector or applicant is necessary or helpful for the review of the project. Note: Twenty copies of all of the above materials must be submitted by noon on the first Tuesday of the month. All materials larger than 8'/s" x 11" must be folded to that size. .. .. �.. � CITY OF MENDOT,�, HEIGIiTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 175 AN ORDINANCE AMENDING ORDINANCE NO. 403 The City Council of the City of Mendota Heights, Minnesota,. ordains as follows: . , ' Section l. Ordinance No. 174, codified as Ordinance No. 403 entitled "Critical Area Overlay District Ordinance" is hereby•amended i.n the following respects: � t • A. Paragraph 2.3.0 of Secti.on II thereof is hereby amended in its entirety so that as so amended said paragraph 2.3.0 shall read as follows: C. Modifications. In the case of a�minor development� and or change i.nvolving a siagle family dwelli.ng, a.nd � if the site plans confonu to the standards of the Critical Area Overlay District �rdi.nance, the City ��-. � � Administrator shall bring the request to the attention "': of the City Council at its next regular meeting fol- �� lowing receipt of an application for Critical Area � �Ordi.nance comsideration. The City•Council shall review • �such, request and may, if it so determines; exempt the .. . applicant .•from vomplyi.ng with � any �inappropriate require- . ments of �#his Ordinance.' • � �. • - ' � � � - • . ' . B. Paragraph �2.4(1) of Section II thereof is hereby amended in its entirety so that as so amended said paragraph 2.4(1) shall read as follows: � � .2.4 (1) Referral to Planni.nq Commission. Except as otherwise provided i.n "paragraph 2.3.0 above,� the Zoni.ng A�*+�strator shall refer all site.plans to the Planni.ng Commission.' . • Section 2. This Ordinance shall be in.full force and effect from and after its publication accordi.ng to� law. . E�racted and ordained into an ordi.nance this 2nd day of Sep�ember , �� 1980.� . .. � `� _ CITY OF MENDOTA HEIGHTS BY /�� .�olc v�C�:�.trc4~r•N Robert G. I,ockwood ATTEST: Mayor athleen M. �anson � �ty Clerk , CITY OF MENDOTA HIIGHTS - August 27, 1996 TO: Ma or Ci Council and Ci A �� to Y � tY tY a�� FROM: Lawrence E. Shaughnessy, 7r., Treasurer SUBJECT: Preliminary Budget and Tax Levy for 1997 � �� Each year the City must adopt a preliminary budget and tax levy for the following year prior to September 15th, and certify the levy to the County Auditor. Once the preliminary levy is adopted, it can be reduced but not increased. The County Auditor then prepares parcel specific tax notices and mails them prior to our Truth-in-Taxation hearing. Attached are these resolutions: 1. Preliminary Budget Resolution 2. Preliminary Tax Levy resolution which includes the General Fund Levy plus the special purpose levies. 3. A Final Tax Levy Resolution for the Commercial Street Light District which is not subject to the Truth-in-Taxation Hearing. At the present time, we are basing our tax projections on the preliminary figures from the County Assessor's office. There was a considerable range of valuation adjustments for next year from reductions to over ten percent increases. Overall, there appears to be about a seven percent increase in (tax capacity) with about 40 percent from new consiruction. The Preliminary Budget, which shows a 2.5 percent increase in overall tax dollars, is ready for approval. A resident with no increase in valuation will see a decrease in City taxes (of 2 to 3 percent). A tax payer whose house has a five percent increase in value will see about a 3.5 to 4 percent increase for 1997. The typical $150, 000 home paid a 1996 City tax of $446.49 a decrease from 1995 of 5 percent. The budget as presented does allow for any of the add levels of service for 1997. The budget as presented allows for one add level of service. The level is for a full-time Recreational Director instead of part-time. The programs which are offered are self a � supporting, and the City cammitment is far salary. It we incarpcfrate this service level far 1997, the budgeted levy would increase abaut .7 percent. Before the proposed budget document is finalized the Pazk and Recreatian budgets will be consolidated as in priar years. According to the dates pmvided by the Caunty Auditar, we can hold our Txuth-in- Taxa.tion Hearing at our regt�lar meeting on December 3, 1996. , The final Resolution must be adopted at a subsequent hearing prior to Decemher 2Qth. It will be necessaiy for us to hold a special meeting to adopt the resolutions. I suggest that a brief special meeting be held on I?ecember 11th at 4.30 p.m. or 5:00 p.m. If work an the budget is not finalized on December 3rd, we could have our continuation hearing an December llth with a subsequent hearing on December 12th. The time and dates of the continuatian and/or subsequent hearing must be announced at the December 3rd heari.ng. We are unable ta use December lOth, or our regular December 17th meeting as this dates has been preempted by the County. * M � � C �� .��: _1 If Council so desires, a mation should be passed adopting: 1. Resolutian Na. 96-�, RPSOLUTZON ADOPT'Il�iG PROPOSED BUDGET, 2. Resalution Na. 96- , RPSOLU'T'ION APPROVING TENTATIVE 1996 LEVY C4LLEC1'IBLE IN 1997 and 3. Resolution No, 9b- , RESQLITTIlJN APPR4VIl�TG FINAL 1996 TAX LEVY FOR SPECIA,L TAXTNG DISTRICT NO. 1 COLLEC'T�LE IN 199'7. . y FUND GENERALFUND REVENUES REVENUE SOURCE 1994 1995 1996 TO ACTUAL I ACTUAL 6/30/96 TAXES Current Tax Levy Total Taxes Cigarette Licenses Rubbish Licenses Dog Licenses Contractor Licenses Club Liquor Licenses Off-Sale License On-Sale License Building Permits Heating Permits Piumbing Permits Water Permits �otal Licenses & Permits Court Fines False Alarm Fines Dog Impounding Total Fines & Forfeits CHARGES FOR SERVICES Accident Reports Recreation Programs Park Use Fees Maps & Ordinances Surcharges Planning Fees Fire Contracts Fire Calls Lilydale Policing Mendota Policing Assessment Searches & Splits Street charges iling Fees *Represents 2.4% increase. 2,249,780 2,249,780 110 1,100 640 9,780 400 30 3,350 234,690 19,580 9,860 460 280,000 21,660 1,460 4,140 1,200 14,700 570 520 0 8,840 52,490 0 84,700 39,340 240 830 30 2,369,030 2,369,030 100 1,280 520 9,640 400 730 7,450 163,270 11,450 4,120 220 199,180 36,000 1,270 1,400 38,670 760 23,860 1,410 590 2,040 6,900 43,790 0 109,660 30,290 140 250 0 74,410 74,410 80 1,210 230 7,300 400 170 6,950 87,760 12,060 2,700 100 11 22,140 100 520 22,760 430 15,490 1,380 360 5,430 6,290 28,440 0 27,400 8,000 40 230 0 FUND NO. 01 � 1996 BUDGET 2,385,000 2,385,000 100 1,200 500 7,500 400 170 3,350 125,000 10,000 4,000 600 30,000 1,500 700 32,200 1,000 18,000 500 500 0 6,000 45,000 200 109,000 32,000 200 120 30 1997 BUDGET 2,431,410 * 2,431,410 100 1,200 500 7,500 400 170 6,600 125,000 10,000 • 4,000 600 35,000 1,500 1,500 38,000 1,000 35,000 500 500 0 4,000 40,500 200 87,000 30,000 200 150 0 FUND GENERAL FUND REVENUES FUND NO. 01 REVENUE SOURCE 1994 1995 1996 TO 1996 1997 ACTUAL ACTUAL 6/30/96 BUDGET PROPOSED CHGS. FOR SVCS. (Cont'd� Data Processing Chgs. Operating Funds 7,000 7,000 0 7,000 7,000 Debt Funds 7,000 7,000 0 7,000 7,000 Admin. Transfers Utility Fund 9,190 18,380 0 18,380 18,380 TIF 50,000 60,000 0 60,000 70,000 Other Funds 5,000 5,000 0 5,000 5,000 Consolidated Debt 15,000 15,000 0 15,000 15,000 Engineering Fund 7,000 7,000 0 7,000 7,200 Total Charges for Services 303,650 339,070 93,490 331,930 �� 328,630 INTERFUND TRANSFERS Project Interest Transfer 13,920 9,840 0 12,000 12,000 Project Reimbursement 20,720 7,500 0 10,000 10,000 Total Intertund Transfers 34,640 17,340 0 22,000 22,000 INTERGOVERNMENTAL MSA Maintenance 43,000 57,000 65,440 57,000 57,000 Police State Aid 81,790 80,130 0 85,000 85,000 Fed.Police Aid/Fed. & State Gran 0 23,890 0 25,000 25,000 Local Performance Aid 0 0 0 0 12,130 Total intergovernmental 124,790 161,020 65,440 167,000 179,130 MISCELLANEOUS REVENUE Insurance Claims 0 0 0 300 300 Sundry Revenue 18,230 13,970 7,910 5,000 5,000 Gravel Tax 0 0 0 5,000 5,000 Interest 75,720 174,850 0 80,000 80,000 Total Miscellaneous 93,950 188,820 7,910 90,300 90,300 .; Dakota Countv Waste Management 8,390 10,840 5,760 11,300 11,300 Waste Management 8,390 10,840 5,760 11,300 11,300 TOTAL GENERAL FUND REVENUES 3,122,460 3,323,970 388,730 3,192,550 3,256,840 � � 'D FUND NO. i GENERAL FUND 01 • TOTAL EXPENDITURES DEPARTMENT 1994 1995 1996 1996 1996 1997 % ACTUAL ACTUAL BUDGET to 6/1/96 ESTIMATE PROPOSED Increase City Council 17,750 16,890 19,990 6,730 19,950 23,590 18.0% Administration 488,070 503,810 532,540 191,700 520,080 536,000 0.6% Elections 27,600 16,760 37,000 1,830 37,000 40,430 9.3% Police 1,205,030 1,254,800 1,307,650 466,250 1,285,500 1,346,640 3.0% Fire 232,970 229,570 216,130 57,460 216,850 231,080 6.9% Code Enforcement 137,630 128,540 133,060 51,690 133,030 �136,110 2.3% Public Works Road & Bridge 386,690 407,130 472,490 183,510 472,490 448,270 -5.1% Parks 324,880 394,350 382,660 297,110 382,660 401,830 5.0% �ning Recycling Animal Control Total General Fund Expenditures General Fund Contingency 55,920 55,920 67,360 11,390 66,170 17,060 12,340 16,070 3,050 15,400 8,020 7,260 7,600 1,900 7,600 2,901,620 3�027,370 0 72,000 3,192,550 60,000 1,272,620 � 3,156,730 69,390 3.0% 15,900 -1.1% 7,600 0.0% 3,256,840 � 2.0% 0 I 60,000 I 60,000 ( 0.0% ADDITIONAL SERVICE LEVELS: Recreation Department - Full-time Recreation Programmer 18,260 CITY CiF MENDOTA HEIGNTS DAKOTA COUNTY, MINNESOTA � RESOLUTtON NO. 96- RESO�UTt4N ADQPTING PROPQSED BUDGET y WHEREAS, State Statute requires City Council adoption af a propased Budget for 1996 on or before September 20, 1996; and WHEREAS, the City Gouncil has received and reviewed the City Administrator's Proposed 1997 Budget; and WHEREA�, Council recognized that the Budget document was prepared on the basis of a PreEiminary Levy which wi[E be considered at pubiic hearing on December 3, 1996. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that the City -Administrator's Proposeci 'f 996 Budget appropriates expenditures in a manner consistent with service level needs and Preliminary Levy funding; and BE IT fURTHER RESOI.VED #hat Councit hereby adopts the Administrator's Proposed 1997 Budget dated as the Preliminary Budget for 1997 subject to amendment fotlowing budget and levy hearings and adoption of a final levy. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1996. ATTEST: Kathleen M. Swansan City Cterk C1TY COUNCt� CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto Mayar � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINN�SOTA RE50LUTION NO. 96- RESOLUTION APPROVING TENTATIVE 1996 LEVY COLLECTIBLE IN 1997 WHEREAS, the 1996 5tate Tax Law requires the City of Mendota Heights to certify a tentative Tax Levy for the 1997 prior to September 20, 1996; and WHEREAS, the Levy may be adjusted prior to December 20, 1996 to an amount not to exceed the adopted tentative Levy. NOW THEREFORE BE IT RFSOLVED that the City Council adopt the following tentative Levy for tax against all taxable property in the City of Mendota Heights for collection in the year 1997: General Fund Emergency Preparedness Fire Relief Infra Structure Reserve Legal & Contingency Levy Total General Levy Special Debt Levies MWCC Sewer Debt Equipment Certificates Park Bonds Improvement Bonds Fr. Hills St. Bonds Total Total Tentat�ve Levy Anticipated HACA Aid Net Tentative Levy Certified 1996 Final 2,497,985 30,040 106,000 320,000 17,400 30,000 503,400 3,001,385 448,052 2,553,329 1997 Proposed 2,432,541 2.0 � 1,000 -0- 24,000 9.1 °b 40,000 33.1 % 60,000 -0- 2,557,541 2.4 � -0- -0- -0- -0- 50 � 3.0 � 3,075,941 2.48 � 457,407 2.1 � 2,618,534 2.55 � 2,636,794 Additional Service Level 18,260 3.27°l0 BE IF FLTRTHER RESOLVED that the Levy shall be amended following budget hearings to reflect the adopted City Budget. BE IT FIJRTHER RESOLVED that the City Council hold a public hearing on liiesda.y December 3, 1996 at 7:30 o'clock P.m. for the purpose of considering the proposed budget and levy with a second hearing to be held at 5:00 o'clock P.M. on , December , 1996. Adopted by the City Council of the City of Mendota Heights this 3rd day of September, 1996. �� ATTEST: Kathleen M. Swanson City Clerk CITY COUNCII. CITY OF MENDOTA �ffiGHTS Charles E. Mertensotto Mayor � e CITY OF MENDOTA HEIGHTS DAKQTA COI;JNTY, lYIIl�TTIESQTA F.ESOLUTION NU. 96- F:ESQLITTION APPR4VING FTNAL 1996 T.4X LEVY FUR SPECIAL TA�hIG DISTRICT NC1. 1 COLLECTIBLE IN iS►97 WHlE3[t�AS, the City af Mendota I-�eights has, by Resolution No. 87-91, authariized the levy of taxes within Special Tax District No. 1 for the purpose of paying ogerating casts of the street lighting system established within said District; and �Vi�]�:REAS, ihe City of Mendota �ieights has determined that the sum of $15,000 will be required in 1997 for the puipose of paying such operating costs. NOW TSEREFORE BE IT R.ESOLVED that the City Council of the City af Mendota. Heights adopt the following levy against all taxable praperty within said Special Taxing District No, 1. Operation and Maintenance costs $15,4Q0 BE IT FURT]�ER 1�►.ES4LVED that any ta� exempt property with said District b� billed. for services at a comparable rate computed on the Assessor's Market Value of such ProP��Y� BE TT FURTSER �.FSOL�'ED that the City Clerk is hereby instiucted to transmit a certified capy of this Resolu�on ta the Dakota County Auditar. Adopted by the City Gouncil of the City of Mendota Heights this 3rd da.y of September, 1996, CITY CO�:TNCIL CITY OF M�ENDOTA HIIGHTS By � � Charles E. Mertensotto Mayor ATTF.ST: Kathleen M. Swanson City Clerk • �- � • � r:� �_�_�+�_ � August 16, 1996 TO: Mayor, City Gouncil and City A tor FROM: Guy Kullander, Parks Pmject Manager �,��'� SUBJP.CT: Victoria. Curve Pedestrian and Bicycle Safety Improvements The Council re�eived a preliminary cance�t pian to construct an off-road trail on Victoria Curve from City Hall westerly to Hunter Lane and requested Staff to present this plan �o the Parks and Re�reation Commission for commen�s. The Commission agm,ed wiih Council that this segment of roadway does not present conflicts between vehicular and pedestrian/bicycle traffic. The roadway %s 12 feet in width and requires cars to emss over the centerline whan a pedestrian or cyclist is encountered. The Commission was against the use af Speciai Pazk Funds to construct an off-street path at this lacation, but felt that widened shaulders an bath sides of the road would increase the safety of this roadway and that the widened shoulders shoutd be funded from the Road and Bridge Maintenance Deparlment. It ! 11��li��l! � Y ! � The P�rks and Recreatian Commission recommends that widened shaulders be installe� on Victaria Curve from Lexington to Hunter Lane and that the Road and Bridge Department - fund this improvement. : M i� : .! 11: �! If Council so desires to make impravements on Victaria. Curve to eliminate canilicts between vehicles and pedestrians/bicycles they should select an appmpriate design and direct staff to prepare plans and specificatians for the improvement. Council should designate a funding source for the proposed improvement. Attachment: Parks and Recreation Commi�ssian memo �, CITY OF NIENDOTA HEIGHTS ��i�►T�i7 Park and Recreation Commission Guy Kullander, Parks Project Manager Pedestrian/Bicycle Path on Victoria Curve m, August 9, 1996 Council directed staff to desiga a path along Victoria Curve from City Hall to Hunter Lane. This section has no shoulders and with the increase ia ttaffic volumes the roadway can be dangerous for pedestrians and cyclists. Council has previously banned parking on the north (ballfield) side of the road. West of Hunter Lane the roadway was constructed with paved 5' or 7' shoulders as part of the MnDOT reconstruction of the Mendota Intercha.nge (�iighway 55, 110 and 13 meet). T�us road is now used to access Mendota and the Highway 110, 55 and 13 interchange. � , � 1� II�C; Y�► A separated path (minimum 4 feet away from pavement edge) that is a minimum of 8 feet wide will accommodate two way pedestrian and bicycle traffic. If widened shoulders are added they must be on both sides of the roadway. � 1� I 1 1� . M �� The report submitted to Council for review described a separated path on the north (ballfield) side of the road wluch would touch the driving lane at a`�inch point" where the wetland is close to the roadway. A separation here may mean fill material in the wet]and which will require DNR permits. Council asked staff to work up a second cost estimate of installing the path on the south side of the road aad to present the two plans to the Park Commission for review and comment. t_ � � �� I�,l l �l�11 ;. Y � � Adding a seven foot wide bi{uminous shoulder on both sides of the mad from Lexington to west of Hunter Lane where it would "blend ia" with the existing roadway would t '",,,. meet the "Minnesota Bicycle Transportation Planning and Design Gaidelines" for a niral {no curb and gutter} roadway section. Cost for this impmvement would be in the $25-30,Ot}0 range. Installing a sepaxated tra� on one side or the other would cost framt $24-25,OQU. For this t,ype of design, the costs are higher dae to increase in grading, restora�ion, and culvert �conflicts. A third option would be constiuctian of widened shoulders along bath sides of this madway section except near the City Ha�ll and by the ball field where the trail would be off- raad to match the existing tcail in front of City H[all. This option is illus6rated in the attached drawing. Y � � : ,,� J I; �l.1 Make a recommendatian to Council regarding which solation the Commission desims� and �ate the Commission's position or recommendation on the use of #he Special Park Fund to pay for this improvement. Minnesota Bicycie Transpartation Planning and Qesign Guidetines ��\ C'E�� tuttnnesot� oe#�artmes�c o� trarispa�tation ". �w�e �v9s 3.6 m� �.0 m TYPICAL p��g� RURA� SECTIt�N 3.6 m > L2 m T1tPICAC DESIRllBLE Typicat Roadways with Shoutders 4Z.OD � � a .�•�':''��" ioO W!'+'1LANL ?�:1:•:': •>';<::�:�:;;�:�::.;,•... ;*.h�n.., � � � � �. T � � � � ... �� ' ��1 .: ,:.�r ��{•r'':.}iii>'�"�^"xp: �`{w!�.'"'.,y'...'. �.�.�-.��—..�.. �� j��.., � •VIC•....;••;•; .,. ;; •:>:;:;:ti;iA�;�T.'�^!7�•••^'•.:.^r,er.•.r.'•. �.r::;::r: s� ' - — -� �e�- — ^ • - — - • - -• � �. �� I�� TOg2 ''�;�:�::;`•i:;`::,, � � � 4 � 4 � ' �9��1 y 1A .CU. `�s:':,::,:��'� d O� ,�.� �, ' ` - _ � s ti •.'_` � "'r _-- ' ..... O _ _ � � s � � „ . -- ,. ' .-`- ` , —�.. � � " — — ,?i — , ~` _�� _�.��__ . _------�-_---------------__�------- �,� STATE TRUNK HWY. 110 ��` i---_.__.� ------�,.� .�._-------•-t-- u / a a � � �rC�STt+.Ya_ E �71ST/nt4 . 12'F31 i .._ i2' _ ` � L V�tzlES � ' . srtt'� � r(Eu� ( : t+k` n�GSPt�?� " -nzhlt. G r+�u. � ��5� � „a `�� , nsv ��e�►�. � Gri7�HAL�. -rEi15 y[oe pA2KJNC� Lo-j OF 12oAp � �,r ,_, _ �l��ll'- - - - - -'�;— _ _..:�_,, ,,,_ _ � ..- ' '""' '� �Xi SThit +I��_ .. - .. � �F141 Ei'(, '�Ni4H "r f z-4 � I t, a� ��►► N��My �..a-r . . � �,,sr�ra', �XKTtr}Cz � �2'� 8�i' ( _12' �11' � 6� �,ru � R s' N�cv � 8'8it' �« '�'12A4t,.. 1 �hd PAQINb h/'}�I�C� 't'�i5 S+pE M.ON6 3 ftP _ � .._ _. .r��. _.. �. �.t_ pF ROAO _ .� ��e�S� �.�13� � L�'ttt. ``� ` ~ � � ��r�. � ii�T4�h¢ 1 •- � � �3� pG�p .N6GEESiAt�` 2. a��rr� �. � �.D � l�Cit,y'of OPTSON 3 — CL}MBINED �i .N�.P�.CZO�,. WIDENED SHOUZ�DER AND � H@:l�;i� OFF RQAD TRAIL DRG. .�tot vtc�aA tx�v� *�taam ts�tr�, � sstts' (�t�} u�ts�o 2—A � f � „ � �� .z` t� } N�w e�c�sr�rlU 1 EXfSj t Nf� l�l�W SucDZ '�� ps� � � (o� 8tT � � � !z� ��' � (D`",�u, � 5HlUQ 1� � . � }V . . . � , �,::,%'Y _ � � = � � _ ._�.� ,! �� 1 �, � , "".'` . .,_ �'ICG ' A�eeP, � � �c�sii NE� � ~ �. W �TGA Ni 'R�NU 3, A't' tbr�ty► "'Q`INCH PYit�e�'1`" �, 5t,.�o��. Tao � 5�-�� t�nh�t��MN~: ._._ �. Uj� �`J� U � � � EkiSTM[a �XiSTtN Fx `� tiew 2� � . 12. 81T. H�. sHcb4,. (o' g �T j.' iir� NiN � ��tC � � '�Ht�. .. . P�--' . � � .. r�-_.,_ � � _..-._ ��..,,,,�.i � _ — -- — — — � _�,�__ ' � �crcH 1,... �ciST�NC�i GR..Ou� � Of�MN,4L.� :4-. T(ZAIt. A't �€T'w �"A�GoB � �"�"�� {�ai OPTION 3 — COMBINED r:��i NS.�Il{�Oi�. WSDENED S�IQULDER AND • HQ�� QFF RQAD TRAIL . ti0i YtCti�ttA qJEiYE • i�@i00i7i N�tC�#it&„ Idt�i 65tt8' �6i2j jt52-1890 ... • 1�1 � � � i�l U.I�aIU � July 1.1, TO: Mayor, City Council. and City A .� F�`fil:. l'.� ` 1.�� 1996 Guy Kullander, Partcs Praject Manager Trai.l on Victoria Curve from CiLy Hall to Hunter Lane City Council din�cted staff to determine the cast and feasibility to p�rovide safer pedestri�en and bicyele i�:aff�c on i�c�oria Curve. Tr�fic volumes have inereased since the comple�4ioa of the MnDOT Mendota interchange Prraject which exteuded Vaictoria Curve tai the west connec�ing to �ghways, I10, 13 and 55. West of �Iunter Lane the NtnDOT pmject canstnzeted a roadway sec�ion that consists of a twelve fooi wide driving lane in both dixectians with a six foat wide biiuminous shaulder with curb and gutter. This six faot shaulder pmvides an adequate "saf'e" area for pedestrians and cyclists fmm the traffic l,anes. To impmve safety conditions east of Hunter to City Hall along this rQadway I reaommend that a separated 1rail be constructed firom the entrance to the City Hall �ng lot and coniinue westerly 6S4 fe�t and then "bend° towards the road be,�oming a widenerl shoulder for 6(}0 feet wbere the trail wauld meet and ead at Hunter Lane. Tbis design was arri.ved at so that the ex�sting ditch draimage could be m.tained. To significantiy alter the ditches would require the installa�:ion of storm sewer pipe which wauld increase the project costs. Anather factor is the steeg slope adjacent io the pandlwe�land, A separat�cl trail would " �_ � impa.ct the wetland which wauld require spe�cial pemuts firom the DNR and Corp af Fngu�eers, Estimated costs for this 125fl foot tiail segment i� $20 ta $25,Ci00 which is $17 to $20 per lineal foot of trail consaucted. The at#,ached drawings indicate the propc�sed trail mute and typicai cross r�ctions illustcate how the trail would "fit" with the conditions aiong tha raadway. : �f�.�.�J�;�� If' Cc�uacil desires to provide safer canditions for cyclists aad pedestcians on Victoria Cwrve from City Ha�ll westerly to H.�ner Lane they should direct staff to prepare con�txuction plans and specifica�ons and to advertise foar bids. Councii may wish to desiguate a funding source for this improvement at this time. CITY OF MENDOTA HEIGHTS MEMO August 28, 1996 . TO: Mayor, City Council, and City Adrr��"s�tor FROM: Patrick C. Hollister, Administrative Intern SUBJECT: Tennis Courts at Hagstrom-King Discussion At the August 20, 1996 meeting of the City Council, the Council asked Staff to research the history of the proposal for tennis courts at Ha.gstrom-King park. Background At their regulax meeting on 7anuary 18, 1994, Council acknowledged a memo from then Assistant Kevin Batchelder regarding a Park Commission recommendation for approval of a concept plan for North Kensington Park that included tennis courts at Hagstrom-King Park. . On February 24, 1994 the Parks and Recreation Commission hosted a neighborhood meeting with about 40 residents in attendance to provide input and suggestions about the development of North Kensington Park. At that meeting, it became apparent that a significant number of residents desired tennis courts at Hagstrom-King Park. In response to this demand from citizens, at the March 8, 1994 meeting of the Parks and Recreation Commission, the Commission voted unanimously with all members in attendance to recommend that the City Council approve the construction of tennis courts at Hagstrom-King Park because of neighborhood support and the fact that the City had alrea.dy pre-planned for it with grading in the area. The Commission further agreed that this was a high-priority program and should be placed early on the Capital Improvements Plan. Hagstrom-King tennis courts were thus placed in the Capital Improvements Plan. � Then Assistant Kevin Batchelder related the Parks Commission's thoughts on the tennis courts to the City Council on March 15, 1994, saying that the intent of the Parks Commission was to construct the tennis courts out of the capital improvement plan rather than from referendum funds. At the May 9, 1995 Parks and Recreation Commission meeting, the Commission reviewed �- °�' the 1996 improvements in the Capital Improvement Plan. The Commission was of the consensus that the Hagstrom-King tennis court should wait until the Friendly Hills school site was designed as it might have included tennis courts and it would have been unwise to �, duplicate this service in the same neighborhood. Tennis courts were thus removed from the Capital Improvements Plan. Subsequently, it has become evident that tennis courts will not be included at the new Friendly Hills Middle School and the Council inquired as to whether or not they should be placed once again in the Capital Improvements Plan. At the August 13, 1996 meeting of the Parks and Recreation Commission, Mr. Kullander explained that the Council had inquired about the absence of a new tennis court at Hagstrom-King Park in the five-year Capital Improvement Plan recommended by the Parks and Recreation Commission. The Commissioners agreed that the tennis courts the City cunently has are rather lightly used, that they are quite expensive to construct, and that the City had received no written correspondence from residents asking for a new tennis court. At the August 13, 1996 meeting, Chairman Spicer asked that Staff relay the following sentiments to the Council: 1. that the City already has more tennis courts than it needs 2. that the City had received no written requests for additional tennis courts 3. that a new tennis court constitutes a"big-ticket" item which is not customarily put in the Parks 5-year CIP 4. and that the Parks Commission was mainly in the business of responding to need (Although all Commissioners present appeared to concur with the above, no formal motion was made to that effect.) Council Action Required Discuss the absence of tennis courts at Hagstrom-King from the CIP and advise Staff on how to proceed. e� � h 7 �y TO: FROM: 5IJBJECT: CITY OF MENDOTA HIIGHTS IU 1 �!�/ � August 16, 1996 Mayor, City Council and City A�strator Guy Kullander, Parks Project Manager �� Cross Country Ski Trail in Valley Park a�'`� ✓�„T � C�'�,(9� ■� INTRODUCTION• � �� {�► �y,�r" 5� The Parks and Recreation Commission has discussed the need for cross country�ski trails in the City for several years. After investigating several opporiunities to develop a ski trail the Commission has concluded that Valley Park presents the best opporiunity for this development. :�. 1 � In late 1995 the Commission directed City staff to prepare a mini-feasibility study for development of cross country ski trail laops in Valley Park and to make inquires with the Par 3 golf course to see if they would allow use of the course for cross country skiing. At the 7uly Commission meeting a 4 kilometer course was presented costing an estimated $45,000. The Parks and Recreation Commission desires to begin the construction of a ski. trail but on an incremental basis. Removal of signif'icant trees would be avoided. A first segment, connecting the Par 31oop, was discussed as the first phase and the Commission wanted work to begin this fall for use this winter. Trail grooming would be provided by Dakota County and charged at aa hourly rate. The Parks and Recreation Commission recommends that City Council authorize the use of up to $10,000 from the Special Pazk Fund in 1996 for the first phase construction of cross country ski trails in Valley Park. Furthermore, the Commission has included $10,000 from the Special Park Fund in the Parks 5 Year CIP, which will be reviewed during the 1997 Budget Workshop, for the second phase work. A three year schedule is anticipated with yearly review by the Commission incorporating resident feedback, user comments, and expansion plans. � e • � � � . 1 ��.;_. � If Ciry Council so desires to construct cross country ski trails in Valley Park they should direct staff to prepare plans and specifications for the Phase One construction linking the park parldng lot with the Par 3 golf course. Council should authorize staff to contact the owners of Par 3 Golf to develop a Use Agreement for the cross country sld trail on their P�P�rtY- Attachment: Parks and Recreation Commission memo, concept plan and cost estimates. ,v � � �� ' • SUBJECT: CITY QF MENDOTA HEIGF.ETS �ll��J_ 1 August 9, 1996 Parks and Recreation Commission Guy Kullander, Parks Project Manager �r, Cross Cauntry Ski Trail in Valley Park I presentecl a mini-feasibility report to the Commission last month. Commissioa asked me to further investigate the cast of ciearing tlie proposed trait alignment. I have made severat cantacts and have concluded that the best method for conshuct:"rng the trail would be a combination of City crew, hired contractors, and the use of County Court orderecl community service "volunteers". � ► y � Y � � :� _ r J -- Lay out mutes in late fall. Remove significant trees late fall and winter. Remove stumps and perform minor grading early spring. Install eulverts where necessary. In late - spring begin fmal bnish out af trail to 16' to 20' clear ama using Cammunity Service "volunteers" coordinated with City crews who would assist wi�h equipment reniais {chipper}, supplies and supervision. Restore turf where necessaty and begin mowing on regular sehedu2e. City cz�ws would inst:all signs duriug summer. Trai1 ready for use in winter of 1997. � , MI�t_, M I feel that my original estimate of $40 to $45,000 would still be valid far the entire praject as pmposed (dratwing #2 dated 7u1y 9, i996). ; i�/ 1►/ 13��) i. �t i� If the Commissian wishes to praceed with this project they should recommend to Council that Plans and Specifiications be prepared so that bids may ba received iar the fall work. .. Commissian may also want to cansider if a public hearing or open house on this project is necessary. Commission should cansider including this pra�ect in. tha Five Year Capi#a1. Improvement P1an. � � July 9, 1996 MEMO TO: FROM: SUBJECT: � Park and Recreation Commission Guy Kullander, Parks Project Manager Cross country ski trail in Valley Park v The Commission r�quest an estimate to. construct a cross county ski trail in Valley Park that would connect to the Par Three Golf Course and that would utilize the existing eight (8') foot wide bituminous trail in the park. Staff has looked at potential routes through the park that would be �:east� �,� disruptive and provide alternate "loops". Attached is a topographic map of Valley Park north of Marie Avenue and a graphic showing the�trail route and "Loop" recommended�. Trail,,facts: Par 3 trail length = 4,000 ft � Bit trail in park = 3,500 ft (Shonw on map) New turf trail req.= 5,500 ft (brush out, build) Total trail = 13,000 ft (2.5 miles) (4 Km) Estimated construction cost = $ 30,000 Contingency 5,000 Eng,Survey, etc 10,000 Budget Est = $ 45,000 Annual Costs - _ ,.,_ Sign removal, install, maintenance =$ 500 Mow turf area 1�} times per year 500 � Trail grooming $ $90 per hr ($150 per x-20 times, max) _$ 3,000 � Estimated annual costs= $ 4,000 ACTION REQUIRED . If the commission wishes to proceed with the development of a cross county ski trail in Valley Park they should recommend to City Council to order Plans and Specifications based on the above estimated project costs. Council should also be made aware of the annual costs of maintaing the ski trail�and increase the Parks maintenance budget so that these anticipated expenses are provided for. � 0 Q ] i ��.� ' `' '""►—... �� a r��r i�,�{ �` �` �� t�'' �`''`--- , � � �� ^� � � � �\` }��t� � �� ''"`� '---.... \� � ~ k -- -. > > t � � � � �� - �' �,r'ij � ,�!\� � �� .� � �1 ` ' f r � �1(4 � � ,� ; �� r ii� � \ l (�((�1��,. � t \\\� � , J / i � � � rr i! ��\�.��, 1\1\'��1Z y c 1 i�� /� 1( �l �� 11}11 //r �1��'t `�\ t � �1� 1 `-._.. � i,1e°..� / I'�� 1 i ' __ _ , , ,� } �, t" , i Y � . �i � t � a � ,✓r� � � ' t _ ' ' �� , `� 1t�� `.. \ �� ..1+. � �\ 1> > `>>Wa � � �� ,E� � ..::. ��,� ,- � _ ,. ,� Z , �., r- .- � � •\ �� ' ,� \ � �\ � , ( ( ..: s' ...� � `��,�, � � f \ i � � � v 1 t , � ��' 1 t �� i/,rf �' � _r � ,� , . !`�`� + , `��' 1t! ` ( �� or � �� f i�// ///��, � � '1 �a� .,- � � \��``,,`� � �� Jr ...-- ' z � �' � �'�� ->.. f.� -. `-�. 8 0 • �. 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Ga,vr �'� sx� "`� � ?` R4gN ou'� (6' Hl4N j mN � R�7N T��A1(,. !{LONG . A� MOtST 5oit.. Ci�„�� TRE E L Iti1E SN � '"'"" 4�, `rs, � PouEa P�� y � C1.4-�k �T.� N b �. .ti � Q �d C �"� s R�N 7a�i� �tr � ro O� 1 poNP � �:` c�:e rv 3 a w r � 9' '.� rr��c,.,e Rr y�3 � cr t� . � r� �� P�srrv� � � � a ro � � n�'ss TR�'� `r .,J �• • � � x � � � • R�r r�� v�v � � � • W�EP LtNE � � . Us^21uG- on+ �ObE oF � � 1$`� t«.iDE �$�'+` $�FT$l1E.4 F14C0 Fl660 H ��S � r tavRjj � F,�P �n 'i*' �i �h'br6 . o . • _ _ �,._� ;,.; MP►R1�� 1�►Y� �. . t Ccw�r�c r 7R�s r c r� �x{ s r� �r � � J pRy (ZUv.uFF `ri1�NEt. uNOER. � I3RID4� /SNO • ErIT TI�a41G. � A D�tcH Nwr�� A�v� ` `�� ' • i:� i ! • t:�! 11,! �I� !_ August 1.5, 1996 Mayor, City Council and City A Guy Kullander, Parks Praject Manager MnDOT Cooperative Agreement Project - Dodd Road {STH 149} at Highway 1I0 I,Y M: 1 1 Y�� T'his pmject began in August, 1995 after the City received a letter from a concerne�l resident asking for safer pede;��trian and bicycle conditions at this intersection. PR07ECT SCOPE AND IN'C`ENT . Safety impmvements for pedest�rriara aad bicyclist on Dodd Road at intersection of S.T. �iighway I10 I" : • 1'.MI IutYk.`� Final concept appnaved by City Council presented to l��tD4T was for trail impmvements from Wagon Wheel Trail to Marie Avenue. PROJECT FUNDING MnD4T Metro Division Coaperative Agreement funds and City Tax Increment Financing, City- Use of T.i.F. funds discussed at the September and October, 1995 Council meeiings. S��lit: MnDOT pays for all raadway, traffic signal, and earth work, and shu�s in cost of storm sewers. City pays for share of storm sewers aad all tarrail related costs. Any work done outside the MnDt)T area would need to be fully funded by the City. This projec� has procceded as foliaws: L 9/19I�5 2. 10/S/95 3. 10JIUI95 4. 1Q/24/95 5. 1112$/95 Conc�pt piaa pm.sented to Council Feasibility r�port casts and fundiug reviewed by Council Plan review and comments by Park Commission P1an review and comments by Planuing Commission Council adopted Resolntion No. 95-64 "Autharizing MnI70T Coogerative Agreemeni for 7oint Funding .� 6. 2/23/96 City inforrned that only $10U,000 impmvement approved by MnDOT for area bet�ween entrance ta Mendota Plaza ShoPP�.� Center and entrance ta FinalOasis service station. 7. 7196 Preliminary plans pmsented ta MnDQT for review. 8. 8/14/96 Staff informed that MnDOT Traffic Divisian will require - • dedicated Left Thrn Lanes baYh north and sauth of Highway 11Q on Dodd Road. This change wil1 incm.�se MnDOT cost participati.on and delay prajeci into summer of 1997. City may need to hire a cansultant to design signal madifications which wautd be paid for by hInDt3T). To accomplish the original intent of this pmject trail unprovements outside the MnDOT approved work arr�eaa (entra.nce to Mendata. Plaza to entrance to FinaJOasis) should be seriously considered. Such addifronat work woutd ne�d to be fully funderi by ihe Gity. <. . The attached plan (drawing 3) illustrates traui improvements firom the Mendota Plaza. entrance south along the east side of Dodd Raad to South Plaza Drive. Here the trail crosses Dodd Road to the wesi and proceuis past the Fire Hall and connects with the existing trail at Mendakota Drive. North, from the entrance to FinalOasis the ditches woutd be filled and storm sewer with curbing installed and the trail installed to Freeway Road. North and South of these two recommended extensions of the trail, bituminous shouiders fmm 4 to 7 feet in width eacist on boih sides of Dodd Road. BeLween Freeway mad and Mendakata Drive the original bitunainous shoulders have been �striped and are used by t�:�.ffic as through laues requiring walkers or bikers to "share" the outside driving land. The antomabile speed liunit in this area is 40 MPH requires pedestrian and cyclists ta travel this s�xfiian with great care. CK� '. M�� li�M' 1'he City share of the canstncctions casts far the trail segmeni appmved by MnDOT for caoperative funding in.cluding conshuction costs, overhead, engiaeerirng, and eaisement or right-o� way acquisition costs is estimated to be approximately $30,U00. Costs for the improvements recommended to be added north and sauth of this area are estimated to be $23,000 for segment #1 north af FinalOasis and $25,000 for segment #3 soath of Mendota Plaza to Mendakota. Dri.ve. Tota1. estimated City costs far all three segments the City fuaded work would total $78,4UQ. i t ,?1��7! � �!�'_ �i s��_i �lJ �__=._,_. To widen Dodd Road and add a rigbt tum lane onto Highway 110 it is necessaxy to place fill material and extend a'72" diametear storm pipe in the southeast corner af the Dadd and Highway 110 interseciion. � � T�is ditch is a City designa#ed water course and thas requires a City Wetland Permit. The side slopes are very steep and we a� nat sure if the ditch is designated as a pmtected wetiand. The ama is Iocated narth af Amoco and northwest af McDanalds. Sta.ff is currentely contacting other governmental. agencies to determine if permits will be reqaired. During the fill operation at this Iocation the existing vegetation consisting of turf, brush, and volunteer trees will be �maved. Appmximately '7 or 8 boxelder trees in the 4" to 8" range wi11 be removed. No significant tree species were observed during �eld survey work. Since anly boxelder trees are present no Tree Remaval Permit is required. : . � ►�i��r��1i � y � � 1. According ta sEcti�on 8.c of the Wetland Qrdireance "in the case of a minar develapment," the CounCil may waive the review and public hearing requirements." This pmject does not impact a wetland nor any surround'utg land uses. I recommend the City waive the review and hearing requirements. 2. I re�ommend Council autharize staff to include trail. improvements on Dodd Road north and south of Highway 11U {segments 1 and 3) in the iu�al plans rel�;�sed for bids. I furtber recommend the use of T.I.F. funds far the orginai segment and %r the two additianai segments. ;. �i ! � �. ,i 1�� .�t) l, If Cauncil agrees that this pmject is a"minor development" they should waive the review and public hearing requirements of the Wetlands Ordinance as per Sectioa S.c and grant the City a permit to complete this work. 2. If Council desires to const�uct trail segments outside the MnDOT project area (segment 2} they should designate a funding source for all City costs on thi.s project and direct st�ff to include trail segments 1 an.d 3 in the final plans. � � • � � 1 B+! ! � � : : August 16, 1996 To: . Mayor and City Caunci� .�C� Fram: Kevin Batchelder, City Ad stra Subject: Appraval of NDC4 1997 Draft Budget DISCUSSIC?N The Northern Dakata County Cab2e Cammunications Commission (NUC4} has sabmitted their proposed 1997 Draft Budget for City CounGil review and approval. As �sfated in their cover memo, the process for budget approval requires that they sabmit their budget to each member city for appmval. (Please see atta.ched cover memo and pmposed budget.� According to the 7oint Powers Agreement, each member city then has foriy-five {45) days after its submissian to appmve the budget, or submit objections, A municipality having an obje�tion to the Commissian's proposed budget shall submit any objections in writi�ng within the foriy-five (4S) day period, and failure to do so shall be deemed a positive vote for the pmposed budget. NDC4 has also included the rtDCTV Non profit Corporation's 1997 Dr�ft BUdget, as well as, theirr Annual R,eport which includes the annual audit. I have not asked 7odie Miller, NDC4 F�cecutive Director, ta be at our August 20, 199b meeting, as her letter indicates that she will be aut of town on that date. � � 1 �� 1� Review and discass the NDC41997 Draft Budget and provide direction to staff oa responding tu NDC4 regardi�ag their pmposed budget. NORTHERN DAKOTla COUNTY CABLE �-�. '' �� " ��`� ' ' ��'' COMMUNICATIONS COMMISSION ' ' �'- �� •��'� �:• �� i 5845 Blaine Avenue ' ` , �InverGrove Heights, Minnesota 55076-1401 �iA�4+^�"- �: �� :: 612/450-9891 FAX 612/450-9429 TDD 612/552-9675 ,` � ., ;; � ��"� I e�r��—��-L�f�'� A�(i � � �� ... - - �j.:l"'c,i � .: . . _ _�._ .:4i To: NDC4 Member Cities Administrators/Clerks � " ' - � �� = � - - - From: Jodie Miller, NDC4 Executive Directo -- Date: August 1, 1996 Subject: Draft 1997 Budget and Annual�Report Please copy and distribute the enclosed items to your Mayor and Councilpersons. Enclosed is the NDC4 i997 Draft Budget, which was approved by the Cable Commission at its July 24 full Commission meeting. The process for budget approval is outlined in the revised Joint Powers Agreement of the Northern Dakota County Cable Communications Commission, page 11, Article 10, Section 2: The proposed budget must be approved by each member city council within forty-five (45) days after its submission to the member municipalities. A municipality having an objection to the Commission's proposed budget shall submit any such objection in writing to the Commission within the forty-five (45) day period, and failure to do so shall be deemed a positive vote for the proposed budget. Also enclosed is a copy of the NDCTV Non-profit Corporation's Draft 1997 Budget for your information. Finally, enclosed is an Annual Report containing a summary of the results of the annual audit, a summary of the past year's activities, and a discussion of the Commission's plans for the coming year. A copy of the full Audit Report for fiscal year 1995 is attached. Please feel free to contact me at 450-9891 if you or your Council have any questions or comments about these materials. I would be happy to attend a Council Meeting to answer questions on the proposed Draft Budget or any other matters. If you would like me to attend, please let me know when this item is scheduled on your Council's agenda. (NOTE: I will be out of town from August 20 - 29 and from September 9- 11.) cc: NDC4 Cable Corrimission Members John Kemp, NDCTV President NDC4 1997 DRAFT BUDGET July 1, 1996 REYENUES 4000 Franchise Fees A-4210 Irtterest 4-4600 Miscellaneous SUBTOTAL _ OPEHATING BUOGEf ---Personnel 0-5050 Wages (4.5 FTE) 0-5110 FlCA & PERA 2-5120 Personnel Expenses 5125 Workers Comp. Insurance 5127 Pay�oll Service SUBTOTAL ---Operating Expenses 6000 Accour�ing 6010 8ank Charges 7005 Cable Service 7006 �ity Payments 6020 Conferences & Trainirtg 6021 Consultants Services 6080 Contributians/Donatio� 7010 Courier Service 6110 Depreciation )-" insurance )- Legal 7n,v Memberships 5130 Mileage & Parking 6230 Miscellaneous 7040 NOCN Grant 7210 Newsletter 6300 Office Rent 6249 Office Equfp/Fum. - non-cap 6250 Office supplies )-6271 Postage I-7232 Promotion 7240 Publicdtions . -7300 Repairs/Maint: Video EquipmeM 6280 Repairs/Meirtt.: Office Equipment ?-6323 Speaa! Ever�,Service Awards )-6332 Telephone )-7317 Ytdeo Services - Cities 7330 Video SuppGea 7350 V'idootepe - Govemmant 7070 Y�deo Production - News Show on SUBTOTAL TOTAL OPERATING EXPENSES iRATING REV'S OVER(UNDEF� EXP'S --- Cnpital Outlay OKce Equipmerrt Video Equipment +deo Equipment Cities (ftom Nanowcastlng) JBTOTAL ADD BACK NON CASH ITEMS: NARHOWCASTING RE1/6VUES DEPRECIATION 'S OVER (UNDERj D(P'S ! 1995 BUDGET 1995 ACTUAL 1996 BUDGET 1996 ESTIMATE 1997 BUDGET 5303,000 $322,736 5321,945 $350,000 $350.000 2,800 6.085 6,023 3,351 3,351 250 5,942 850 20,812 0 306,050 ' 334,763 328.818 873,663 353.351 116,488 111,967 14.130 13,582 0 2,308 1,000 991 150 185 124, 953 125, 713 136, 098 15,157 15,249 16,509 0 0 0 1,011 1.131 1.266 200 210 240 131,768 129,033 141,321 142,304 154.112 5,150 4,835 50 0 396 0 45,450 41,287 5.000 2.905 2.000 2�430 400 386 15.512 _ 11.280 4.104 4.150 6,000 10,047 750 1,650 2,061 1.755 0 130.8 55.800 55.800 640 426 35,640 35.640 540 668 2,380 1,815 1,400 896 765 750 567 571 3,500 2,871 2.000 1.304 0 242 3,983 3,945 6,498 4,489 1.000 12 2,060 2,116 0 1,512 5,305 50 0 48.292 3,090 2,500 2,000 416 10,141 4,341 6,180 900 1,909 0 50.220 800 36,709 500 2,451 1,442 913 484 5,100 2,060 0 3,950 2,296 1.030 2,085 0 4,700 50 0 52,500 5,266 0 1.000 403 0 4,014 6,180 1.723 1,964 0 50,220 940 36,709 500 2,000 1,000 733 271 4,770 2,060 463 3,408 2,557 1,030 2,085 30,248 5,000 . ". " 52 0 52,500 5,500 3,000 1,000 434 0 4,194 17,200' 1,000 2,023 0 45,198 968 38,545 500 2,525 1,514 974 300 5,100 2.122 470 4,084 2,688 1,061 2,148 0 201,606 193,912 195,163 216.795 200.038 333,374 322,945 336,484 359,099 354,151 (b27,324) 511,818 (57,6661 514.565 (5800) 0 2,500 0 4,000 0 17.109 5,200 15,189 264 2,010 10,090 5,000 * 15,189 264 4,510 27,199 14,200 27,000 27,000 0 0 0 15.512 11,280 10.141 0 0 �� 49.834 � � (15,0001* • Source oi Funds: Designaoed Reserve Funds from P�ior Years. 510,000 speckU Frarxhlae Projects. 55�000 Ne�rrow�casting Equipmerrt )C+t ts97 SUOGET HCiTES VENUES nclsise Fses iuONNEL. �es (4.5 FfEj Fvst twa guartars of 1996 i�ve been 590,000. Cacrti�erttai contratler in Chicago saes no reasan to e�ect major fluc,�tuatians. _ Overeti irx;rease in wages 8.996 irom 1996. Acbua! adjustr�errts wiit vary irom 2.496 to 996. depending upon resuMs af plarx�ed compeurisons af similar industry posidor�s in the Twin C"rGes. :RA7iNG EXPEAtSES (Generali}L�96 in�xxe�sse fw k�tattort.) wnting ArwKxal Audi# plus mirarae�ng servicx�s. t t�evg� td0 R[G�UtAR FEES, S50 F'OR PQSSIBLE STt?P PMT. QR OTHEF.t SPECtA� �E �e Sarvic.�e This item was ei'uninabed dtxing �afiation with Ccrdine�l ovet Citivislon settlemern. PayrneMs 1596 OF FRANCNISE FEES REVENUE fer�ces ik Tr�sining k�ctuctes bcdl. state. e�rad �at3onai canfe.rec�es and staff frairtir�9 �PA��es. st�rris Services Y�ewerlsul�ibers' suvey. c�st t� i�e sp�k v✓ith (VDCiV Corporation. •ier Service DeC�vety of videot�spes #al�'csm Catttityetttai f+or piaylxtck. st�ated wifl'� AtDCN Corport�iort. •eciafiort E�qsense Efim'u�nted by change in A�ou�drig Standards from FASB to GASB, ance 396 �NCREA�E OVER ES'I: ACTUAL FOR'96 d �?.200'k�ama!" ieged wak. Si O,OG10 �`sPacial iXolBcLs` (,�A or fxep. fa �er��va} (c�nsuttarst, assess�'�es�. bech. reporf} . iberships NAT4A and MACTA: iridusiry assoaiations sge � Pruking 3961NCREASE OVEA ESTiMATED ACTUAL FOR '96 _ N Cxard sletter e R� e Equip/Fun. — non—cap e supplies �ge tofion cations id%RED[14f10N Fi�OM 1996 G�uart�arly publication produced Fn—house and printed outside. cost split with NDCN At3ocated ais per advice #rom Tau6ges. Redpath: 29�0 sq. ft. @ 512.98 pet sq. !L �b'a/ARatr�.: Office EquipmeMAAINTENANCE CXaNTRACTS. COPIER OEVHAPEi�, MISC. REPAIRS xal Everti� �t�ona #�1225 MAtM: CONTRACT, 3% thtCFi. PFiONE AATES. MtSC. REPA{R5 � Sarvicas — Citi4e 596 INCREASE �0 ALWW �Fi �VGREASED ACTNIIY M1D POSSIBLE INCR CABLECAST'ER PAY � Supp!'Has � — Gove�rxner� ��afuction — Newa Sttr�10,611 COULECi"E�1 fN 1995, SPEJVT tN 1996 � EqutpmeM VOICE MAII. SYSTEM > Equifst�ertt S—VHS RECOt� t7ECK1�? AWOW SUFER—VHS Q)(iTNG t3FGOV@�t+tMEM PROGRAMS � 6Quipmwnt Cities (irom N�ORTABLE BWff(�IER FOR MU'Lll—CAMERA PRODIJC I1QNS BY ONE CA6LEC/#STER OUTSIDE CI7Y HALL I.rOC".ATIONS Revenue 198s-1992 Actual NDC4 Franchise Fees Percentage incr. fram priar yr. Budgeted NDC4 Franchise Fees Continental Gross Revenues Continental Bad Debt Continental Net Revenues Percentage incr. from prior yr. Bad Debt °1Q ofi Gross Revenues 5°l4 of Cant's Reported Rev's 1993--199? Actual NDC4 Franchise Fees Percentage incr. from prior t Budgeted NDC4 Franchise F� Continental Gro�s Revenues Continental Bad Deb# Corrtinental Ne# Revenues Percentage Incr. from prior � Bad Debt °/a of Gross Revenu� 5% of Con#'s Reported Rev's •.. - : ::: 198� 153,568 214.12% i988 175, 687 14.4t3°!o 1989 209,896 19.47°l0 1990 233,705 11.34% 199i 268,626 14.94°!0 i992 2$8,323 7.33°/4 �2�,000 2sa,000 2a�,aao 987, 087 3, 098, 528 3, 536, 623 4, 215, 458 4, 710, 418 5, 413, 748 � 5, 814, 066 34 081 3fi,3tJ7 41,233 47,6C?7 4,181, 377 4, 674,111 5, 372, 515 5, 766, 459 23 3.91 % 14.14°la 19.19% 11.7$°la 14.94°l0 � 7.33% Q.81 °lo �Q.7?°!o O.7fi°lo Q.82°l0 49,354 154,92fi 17fi,831 2t?9,Ofi9 233,746 2fi8,fi2f 2$8,323 1993 1994 302, 895 304, 719 5.Q5°Io O,fiC}°% �• !!� �. f . i995 199fi 1997 .... . .:.- :,... 322,?36 :,�::�:'�� 50,OOC1' :.::..:.:::::�50,OpQ * 5.91 °l4 ;:��:.':;:;;;<::8::�€5��0::::�:�::;:.`'::<�<�;;E}D°lo:: 303,000 321,945 350,C100 fi,09�,885 fi,144,525 fi,488,fi18 38, 99f 50,149 33, 908 F}��J%yg�� {��t�%��} F3�4��%�� 5.05°/a 0. 6p% 5.91 % 0.64°/a 0.82% 0.52% 302,894 304,719 322,736 * First two quarters of 1996 =$90,000; 1996 and 1997 estimates based on six—man#h performance. t _-. Growth of NDC System in 1994 and 1995 City Inver Grove Heights Lilydale Mendata � Atlendota Neights Sou#h St. Paul Sunf�sh �ake West St. Paul Tatal Dec.1993 Dec.1994 Subscribers Subscribers 4,493 4,834 55 58 32 36 2,274 2,443 4,234 4,420 - 7? 8Q 4, 00? 4, 265 15,172 16,136 i994 Increase 341 3 4 1 fi9 186 3 258 964 Percentage lncrease e�% 5°l0 13% 7°!0 4% 4°%a 6°IO 6°IO Dec. 1993 1994 Dec, 1994 1994 Gity �ubscribers % of Total Subscribers % af Tatal Inver Grove He4ghts 4,493 29.61 °la 4,834 29.9G°lo Lilydale 55 0.36% 58 0.36% Mendota 32 Q.21 °I� 3fi 0.22°la Mendota Heights 2,274 14.99% 2,443 15.14% South S#, Paul 4,234 27.9i °Ifl 4,420 27.39°l� Sunfish Lake � 77 0.51 % 80 0.50% 1NeSt St. Pat,11 4,00i 2fi.41 °l0 4,265 2fi.43°l0 Tota1 i 5,172 100.{�0°la 16,138 i C)0.00°10 � Dec. 1995 Subscribers 5, 267 26fi 40 2,3f>7 4, 648 81 4,497 17,166 Dec. i 995 Subscribers s,2s7 266 �fl 2,367 4,fi48 81 4,497 17,36fi 1995 lrtcrease 433 248 4 --7fi � 228 i 232 1,430 __ _ 1995 % of Tatal 30.68°Is 1.55% �. `,��°�a 13.?9% 27.48°l4 0.47% 2s.2o°I� 100.(}0°l0 Percentage Increase 9% 359°Io 11% —3°Io 5% � °fa 5% 6% � t � NOCN 199T DRAFi BUUGET .ha�s t. t99a 18958lR7CiET 1895/k'2'filA4 199aHlJDQET TFilAIV� 199dESi�PdAlE 18978ttI.'fQET �041 Iacaes Grant - Cad't. S77`,800 t7O.Q25 te2,220 i41.110 i82.72� S8#.686 4000 �araC�att-C10G SS.!!90 65.�0 54.224 25.1t0 50.220 �S.i98 , 4005 Eqilptrnrrt Cirmrt - Cordi 60.000 • M44-48�0 R�vrrweC�atlnpActivltles� 9d.401 29,756 39.682 3�713 S7.q22 tSt,200 420d-42f0 Mtlw�st 777 6.07G 1.038 2.139 a,G63 4.093 .. 4024 CfswF+M 1.646 62& b00 360 �80 t�00d �O�W M�mi� Duras 9�87b 9.848 b�Q00 7E5 �.000 A.600 .. �103Q tluG ktcattk 1.654 I.7S2 �.tlQd 4t5 i 000 2.Q00 - • 4125-�515 porolforN/Ropre+m Urdermftlnp - 0 . 2,9W 6,000 Q a,U00 10.000 �to s�d t,�«n. - taoc4 ss.e{a as.a�taf �.7os ta.s� �.�a ss,saa �: r:��:,�� 208.951 2t4.192 223,979 92,0�6 2S8,St4. _ 301,221 - • kidudn:MaO^Ati CommEsaions.45fl0-�48flq-MEsc.�ane.t50S-i509-Firod.8vds.N�c.�ABtO-�Bf 4-Rura„,4700-NN Tmc OPEFtllilt+i{i Bt10CET' �`�.�..,.�.�.'� b020-5WS WeQea 74.4t3 �4.58I 7722i 51.79Q 88.966 99,553 Wep� - Additlornt 8teiflrq Oa Ptod. 8r 12.000 �.855 18,000 4.850 4.lS5Q Q fi112-5t2D �'mrsamet E�ettaes 5,6�8 5.750 5,60d 9,405 6,525 7,030 6127 PkyroNSerNcy 175 95 175 4 1T5 t75 s�za �r�toy.rt�.:,,.�tt�c.�) s,e�i s.s4T s.�sa �,s�e s.oei �,�so 5100 Entpkry�t FlCA {T.699h) 8.9Q7 d.05T 5,9t?7 1,903 5,847 7,61fi 5125 Wakar'sCc�rt�p.Msuremca Q45 N8 li92 • 0 apt e25 $U'6iOTAi. _�_� �� :. b200 Tmt - MN &dn 80�U Aoco�t�tnp 7a0d A�twrYrk�p 8010 9x�k Ctsp�s 6020 CoM�cssendTn+Nikig . � � 7Q10 CottiKBer�Ac� • ataa o.R.�or, • Tsoo-Titz M,Krano. . 71'SO kMwtwt�tw�s G140 kM�restt�rw-bu�in6 8220 Lwpel li Plof�ssbrol 3vice. 724f0 M�tnnb�a 6190 �ANeeQ� ?2i8-T2lS M�t�ftsMntipBen�EtsQ.�.N�rva4ttser) 6260 OIric�Ey�ppea • 8247 Otlic� EqutprnenVF�rNtve (ran-Cep} 8270-a272 Pr�afnQe . - i22i -7228 Ftoductlon 8ervices E�enses . T230-7297 Romaitlat► 72�0 PubRcMlor�e 7320 Serts 6 Ptopa . 6320 Spectei Board Ertt� �22 /4ppndallon 0lrt�et �328-�0932 TiNptr� E280-d29Q Repeks�Alekdettir� , 6225 Lk:�M 6 Parmib a�so--s�x t��ns��- e�to. �. �s�o van � is27-7sss vkfiw8uE�pttaalFgmp•F.�erues , 7�5 � (n°" �1 101.937 95.398 109.295 49,92d 112,19d 119,f�8 0 1.058 1000 12.02 40.28 100 S.E37 6.476 S.U00 • 9�900 4.i0D +I22.9 0 0 0 0 0 0 50 S • SO 4 60 52 3�000 2.802 850 970 650 4�000 1.044 0 0 T8 l8 0 0 0 0 0 1,000 1,000 +I80 S83 418 tS0 S03 �tb 2�.sao 2e.�ea 2s.'rn o 0 0 5,04� 6,772 6,Oti 4,Si6 5,4{7 6,611 60 7'20 910 720 1600 72.78D 22,781 72,124 11.SQ ?2,t2f 21,375 1.663 �.465 2,1q0 1,41lf 2,1W 5,4�0 65�f 1.777 T85 4d0 795 8t8 894 581 412 455 909 1,000 t,'i98 g57 2,136 240 1,650 2,900 1,60Q 1.454 1,GQ0 aD04 ' 1,bQQ f,50Q G00 Qi9 b00 i27 bU0 500 1,002 1,128 1,340 448 1,340 f.�SOT 9,950 �4,521 5,5Q0 268 9,900 9,b00 2,468 1.745 i,933 1.930 2,378 5.420 �WO 251 400 259 �QO �WO GOQ 282 3Q0 68 3t10 1,4Q0' 150 0 iS0 0 1S0 150 4 188 tIX} 0 240 2�8 1,�0 1.524 1.N4 759 1.7Q7 1,872 9,601 l,98d 3.748 a58 S,IpB 3,E20 72 22S 35 25 25 95 �7.n.� �4.s�s t�.o�s � 7,� ».ose n.ari ats sa� �so sss asn �,uoo 2.060 3i8 2.00d E81 2.950 9.661 1.030 174 1,000 2T8 1.0f10 1.000 2.754 2.685 2.SOd 323 2.{00 2rt00 • 8tf8i�DTAI tdS,Offi 104,65d 111.782 56,2T2 79.28D 93,710 � T�DTJU.OPEf;ATittti BC1fiGET 208,962 199,E8a 221.027 7D,69D 191;H0 219,368 _ Oi'EiiKRtiQ i�11`8 OV(l.MJO) i-7fP"S (xi) . t14,244 i2,352 i12,440 i27.903 587,663 --- Cepiid OutlaY Puctne� otcapiint ks�prawrt�etks 1900 OnsR» �ri+4M�«* (� tsoo� rQ�o v�aeo�.ne-r.««d�tc�c 1912 VkMo Equl�tNnt - OtFwr Red�x6on dlonp Tacm Osbt 2sop �rM,c�d a,yn� (�+a1 2oto E�r�ntt,aen{Ms�a�oo}{a+9 8l�BT�DTAI. u�enato�v,t�+ot�t a�rrs crv��ur,to� oca�s s,ass t,t� ��'.,o�ie . 0 2,ors to,t��oo 15.000 1�279 17.7�10 • 29,1Bt 25,192 tt,H00 g,r�s �,r,� �o.sro a.�st �o.s�s �i.»s t o2e e,�a� �z,s�s �,� �� -�2� ��71 41.710 �I7,BS� �: `�r "ii:�si'" -.� � ��s eo� �a o � * ** NDCTV passed a motton at its 7l15/96 meeting to reserve #40,000 of the 1997 � Equipment Grant fram Continental (�50�000} far future equfpment replacement. Northern Dakota County Cable Communications Commission (NDC4) Annual Report to Member Cities, August 1, 1996 : � �� : ��: Attached to this report is a copy of the full Audit Report as of December 31, 1995, as reported by independent CPA firm Tautges, Redpath & Co., Ltd. In Summary, the audit report for NDC4 fiscal year 1995 shows the following: Cash-- increased $51,383 during 1995. Franchise Fees increased by 6% over 1994, rebounding from an almost flat year in 1994. Interest earnings increased from $3,326 to $5,883 (76% over 1994) due to better investing and higher interest rates. $7,123 was collected from Member Cities and $S,OUO from Continental in News Show contributions, most of which carried over to 1996. $15,000 was budgeted for upgrading the videotext Bulletin Board system and carried over to 1996. The annual operating grant to NDCTV was decreased from $62,000 to $55,800 (10%) in 1995 and is budgeted for another 10% decrease in i996, to $50,220. The auditors recommend that funding levels between the Commission and the Corporation be estimated on a multi-year basis to ensure effective long-term planning. Fixed Assets -- The auditors recommend that we continue to monitor the equipment reserve to adequately fund capital ouday equipment needs. Citivision -- In January 1995 the cable company and NDC4 agreed to terms of the Citivision settlement, increasing the $77,500 annual access grant from the cable company by 3% accrued annually. The grant payment increased to 579,825 in 1995, and will increase to $82,220 for 1996. Budgeting/Financial Reporting -- The Auditors commend the Commission for upgrading computer software and continuing to improve its financial reporting capabilities and ability to efficiently produce financial data using a computerized system. Statements -- Balance Sheet (Statement 1) 1995 Assets General Fund 296,728 Security Fund 50,000 Fixed Assets 475,974 Total 822,702 Liabilities and Fund Balance Liabilities Fund Balance Total 120,264 Z42,4�. 822,702 Page - 1 of 8 1944 235,656 50,000 473�889 759,545 103,849 655�696 759,545 ` Northern Dakota County Cable Communications Commission (NDC4) Annual Report to Member Cities, August 1, 1996 Statement of Revenue, Expenditures, and Changes in Fund Balance - Budget and Actual (Statement 2) 1995 B�u get Revenue 306,050 Expenses 333�373 Net inc.(dec.) (27,323) Fund Balance - Jan. 1 Fund Balance - Dec. 31 1995 A�1 334,561 31¢�640 17,921 lgj„$07 226,464 1995 Ove nderl .28,511 j16_7331 45,244 1994 A�ua1 310,130 304•612 5,518 161,050 181,807 FOOTNOTES -- "Reclassification." In the past, the Corporation and the Commission have reported under the "FASB" accounting standards. This year, because of changes in the reporting rules, our accountants have changed both NDCTV and NDC4 to reporting under the "GASB-"-� - govemmental accounting standards. You will notice on Statement 2 that we are no longer showing Depieciation as an expenditwe. Instead we show a line item for "Capital Outlay," (in our case, equipment purchases). This has been a cause of confusion every year because municipal governments do not show Depreciation on their operating statements (they have always reported under GASB standards.) This change should make our statement more understandable. We will no longer depreciate capital purchases over five years -- instead they will be expensed in the year of purchase, when the actual cash outlay occurs. Page - 2 of 8 � Northern Dakota County Cabte Cammunications Commission (NDC4} Annual Report to Member Cities, August 1, 1996 S 1 M RY p PAS YF R'S AC~TIVI'TIF.� Haw NDC4 cammunicates with Member Cities: - Each City has twa representatives on the Cabte Commission, one Counci�persan and one citizen representative. _ - Monthiy meeting minutes and agendas are distributed ta Mayars and City Administrator/Clerks. � - Fult Commission meetings are televised LiVE an Channel 28 and repiayed twice. The Commission accepts LIVE telephone calls from the public during its meetings. - Monthly meeting calendars and pragram scheduies for Gavernment Channels 2 8 and 19 are made available at City Halls for public pick-up. ' � - NDC4 and NDCTV jointiy publish a quarteriy newstetter, �ine()ut, which is sent to Cities and made available at City Halls for public pick-up. (Look for the Summer Issue in your maiibox in the next IO days!) - Legislative and public policy alerts concerning telecommunications issues are faxed Qr maited to City Administrators and Mayors far riistr"ibution to Councils as appropriate. �--� - Annual Audit regorts aze distributed to Member Cities in the sgring of each year, upon completian by the independent auditor. - Draft Budgets are submitted for appraval, along with an annuai report, in Augvst of each year. - NDC4 Executive Director attends Gouncil meetings or workshaps as needed �to acidress Commission topics ar make reports. .Produclion /services activities: In September of 1995 we successfizily kicked oiiour first professional series grogram, If�sight 7, a local community magazine prograrn designed to bring viewers 30 minutes of truiy lc�cal news and information., with a new episode gremiering every other Tuesday at 7:00 p.m, on Channel 33. The program has been an ambitious undertalcing for NDC4 and NDCTV staff, and has been very well-received in the community. In the spring af 199b five Member Cities again contributed franchise fee funds to support the program, and after a six-week hia#us to update the took of the show and tcain on a brand new state-of-the-art digital editing system, the 1996 season will roll out on Tuesday, August 6, at 7:00 p.m on Channel 33. If�srght 7 has aiiowed us to package same of the s�ame gavernment access tapics that we have always covered, such as graund-brealdng ceremonies, grand openings, city events and ceiebrations, retirements, speciat awards, new services and facilities, and community projects, in a more polished and view�r-friendly format, while still running the full-length coverage ofthese events as separate prog�rams for those who wish to see the longer version. This has turned out to be a very efficient way for government access staff to integrate coverage aad improve the look of the channels. Piease review the attached Iist of the many people, places, and events in our cities that we covered in the first six months of production. � Page - 3 c�f 8 Northern Dako#a County Cab[e Communications Commission (NDC4} Annual Report to Member Cities, August l, 1.996 Continuin,g traditiona! gavernment access services: -NDC4 provides complete caordinatiort of scheduies, cablecasters, maintenartce and repair of equipment, tape prepazation and delivery for televising live and replayed coverage of city meetings. We aze currentiy carrying ai�out 15 gavernment meeiings per moz�th. -We cantinue to provide crew and equipment tg cover city events and programs. West St. Paul fire afficer Dan Bernardy received the N�innesata Fire Fighter Community Service Award this year and credited his bi-weekiy Channel 28 pre-Cauncil-meeting pragram Safety a Way of Life, for his selection among 10 finalists. In the past year we have also warked with South St. Paul's community policing efforts, Inver Grove Heights' many development projects, including the Cahill improvement plan, and continued to provide technical support for Mendota Heights' Mayor Mertensotta's City Hall Update, one of our most lang-playing govemment series shaws. -City celebrations -- Celebrate WSP Parade and Cinca de Mayo, Kaposia Days Parade, Mendota Heights Celebrates Pazks, Star City Days, and severai special events and topics in Lilydale, Sunfish Lake, and Mendota have been cavered on I»sight T and with full- Iength program coverage. This yeaz's addition of a"Float Cam" to shaot the parade viewers enjoying the parades in addition to the traditional taping of the parade itself has been very popular. -Government access sta�and city meeting cablecasters are currently being trained on the new ci2aracter generators tltat have been purchased and installed at the four City Hal� locations that have video equipment. These keyboards will allow titles to be added to praductions, inctud"mg names of ineeting participants, agenda tapics, and ather pertinent information for viewers. The equipment was purchased with special funds froin the 1991 "narrowcasting settiement" that was negotiated with the cabie operator. The narrowcasting fund still hdds about �15,04� for equipment purchases for cities and �38,000 that has been designated for future city hatil equipment replacement needs. The use af narrowcasting funds has been decided by the Commission with input and recommendations from a Cammittee made up of City staff members and the NDC4 Goverment Coordinatar. Consumer issues: -The�NDC4 staffhandles customar complaints and questions by talsing phone calls, researching customers inquiries, and resoiving conflicts with the cable operator, Consumer issues are reported at monthly Commission meetings an@ addressed by, the Commission as needed. -The Commission reviews r.able rate adjustments by the cable aperatar when required according to fecieral rate regulation rules. In Jan�ary af 1996 Continental implemented a rate adjustment, and currently they have filed their intentions to make an adjustment effective September l, i996, which c��ill equa�aze the rates cl�arged for #hree different types Page - 4 af 8 Northern Dakota County Cable Communications Commission (NDC4) Annual Report to Member Cities, August 1, 1996 of converter boxes and two different remote controls. The Commission will review and act accordingly on these and any other proposed rate adjustments. -The Federal Communications Commission (FCC) has been assigned with many different rulemakings in the wake of the changes to the federal telecommunications act in February of 1996. NDC4 filed comments in FCC rulemakings regarding Open �deo Systems, and will continue to monitor the rulemakings, take action as appropriate, and keep the Member Cities informed of relevant activities. -NDC4 has been monitoring and participating in state legislative and regulatory proceedings that impact municipalities and cable subscribers. The current US West / PUC proceedings are very important in setting the stage for this year's legislative session. The NDC4 Executive Director is on the Board of Directors of MACTA, the state cable administrators' association that will woik closely with the League of M'innesota Cities' efforts to protect city authority over rights of way. MACTA's focus is on protecting current Franchise authority over cable operators and the provision of community television services as the telecommunications industries cor.verge. Non-Profit Access Corporation (NDCTi�: , The NDCTV Board of Directors and staff face some very challenging financial goals. The ' Board remains focused on implementing plans to become increasingly self-sufficient by generating non-franchise-fee related revenues. The Corporation exceeded its goals for fiscal year 1995, but needs to reach increasing levels of self-generated revenues both in 1996 and 1997. The intent is to develop a combination of sources of revenues, including pursuit of program sponsors (series programs like Insight 7 and NDC Game of the Week are now established to provide such sponsorship opportunities for local businesses), charging fees for new and traditional services, and exploring the provision of Internet services for cities or other non-profit corporations. (NDCTV now has a Web site on the Intemet, loca.ted at http://www.mtn.org/ ndctv. The site includes NDCTV membership information, class schedules, program and channel descriptions, and articles from the newsletter.) Markd Research In 1995 NDC4 and NDCTV jointly conducted a viewer/subscriber survey to get feedback from channel viewers and from subscribers about programming and cable operator issues. �ewership and demographics information is being used in developing the sponsorship program. Cable subscriber information was used in assessing the ne,ed for a system rebuild and other operator-related issues. A follow-up survey is planned for early 1997. NDCTV also conducted a survey of its Members and Users in its review of services being provided and plans for future activities. Some results of this survey included changing policies to allow access producers to solicit sponsors for their programs, changing operating hours to be open every Saturday, and creating a new volunteer appreciation system. After three months of tracking volunteer time, NDCTV volunteers participating in this system have posted 867 hours of donated time! Extending that average over 12 Page - 5 of 8 1 Northern Dakota County Cable Communications Commission (NDC4) Annual Report to Member Cities, August 1, 1996 months shows that NDC4 and its Member Cities are benefitting from the volunteer network that has been crea.ted with well over 3,400 hours of volunteer time annuallyi Use of traditional NDCTV community access facilities and services have continued to grow since moving into the Inver Grove Heights facility in 1993. In 1995 the total number of new programs produced and played on Public Access Channe133 and Multi-Faith Access Channe134 increased by 40% from 516 programs in 1994 to 721 programs in 1995. � . In June NDCTV added a full-time staff-gerson in order to allow the Studio Manager and Access Coordinator to work on the development of the ponsorship plan and more fee-. based client services. NDCTV has also purchased new state-of-the-art digital edidng equipment to expand its production capabilities and increase its revenue-generating capacity. Franchise enforcement, administration, and renewal issues: � In June of 1995 Continental Cablevision initiated discussions of an early renewal of the Franchise. Continental proposed that they would rebuild the cable system and upgrade its capacity from 450 Mhz to 750 Mhz in exchange for an additional five to seven years on the current 15 year Franchise, which is set to expire in March of 2000. NDC4 discussed , and negotiated the issue with Continental over a period of months, finally making a presentation to its Member Cities on February 15, 1996. Besides the original items to be exchanged (system rebuild for early Franchise renewal) the final proposal included about $1 million dollars in future financial commitments to fund community television, including $300,000 in capital funds and $700,000 in operating funds. _ � Member Cities were to consider and vote on the proposal, which would have required a Franchise Amendment. However, on February 27, the announcement of Continental's intention to merge with US West caused Continental to withdraw the proposal. Currently NDC4 is reviewing Continental and US West's request to transfer the Franchise from the control of Continental to US West, with the assumption that US West will not be allowed to permanently operate the cable system but will be required by federal law to divest of its Nfinnesota cable properties within a defined period of time. NDC4 is also reviewing Continental and US West's petidon to the FCC for a temporary Waiver to allow them to complete the merger, and will file comments with the FCC regarding the petition within the next couple of weeks. NDC4 must vote to approve or deny. the transfer to US West by September 4, 1996. NDC41ega1 counsel and financial consultants are conducting a formal review and will report their recommendations to NDC4 before its September 4 meeting. Meanwhile, Continental has requested the extension of three Franchise Variances which had been granted by the Commission and expired recently for three Franchise requirements: 1) Institutional Network, 2) Interconnection with adjacent cable systems, and 3) I�'igh Speed Daxa Transmission. An ad hoc committee and the NDC4 Executive Committee have voted not to extend the Variances at this time, and Continental has Page - 6 of 8 Northern Dakota County Cable Communications Commission (NDC4) Annual Report to Member Cities, August 1, 1996 appealed the Executive Committee's vote to the Full Commission for reconsideration. At its July 24 meeting the Commission authorized a small negotiating committee to discuss possib(e solutions to the Variance issues with Continental and report back at the September 4 Full Commission meeting. At the very end of the July 24 meeting, after the above action had been taken, Continental representatives announced that they intend to complete the rebuild of the cable system and the upgrade to 750 Mhz by the-end of 1997, with some customers actually receiving the upgraded service eariy in 1997. It had been indicated by Continental representatives at past meetings that the system rebuild would allow Continental to fulfill the three requirements addressed by the Variances, albeit using different technology than what was dictated in the early 1980's to achieve the same end results. The official Franchise Renewal period opens in March of 1997 (three years prior to the expiration of the Franchise.) Normally this would be the beginning of discussions with the cable operator to negotiate conditions for the renewal of the Franchise. However, if the US West transfer is successfully compteted and the Franchise faces another transfer to a "long-term" operator other than US West, the NDC4 may choose to hold off on any renewal discussions until it can identify the appropriate party with whom to negotiate. NDC4 Commissioners have expressed their desire to discuss the Joint Powers Cooperative with all Member Cities and establish its future status before beginning any renewal activities. Telecommunications Planning NDC4 staff and Commissioners have attended training seminars and meetings and participated in legislative and regulatory praceedings related to telecommunications planning, city authority over rights of way, and use of city infrastructure by private for- profit telecommunications providers. Although not a defined role of the Cable Commission, it is definitely a related topic and a very important issue. The League of Minnesota. Cities is focusing on protecting city authority over rights of way as the future of this issue will largely be determined in this year's state legislative session. It is clear that cities shouid make telecommunications planning an integral part of overall infrastructure planning, as the telecommunications networks and services available in a city have a growing impact on economic development, housing value, and quality of life issues. The Cable Commission will continue to provide information and services as it is able in � this related area, and may want to discuss with the Member Cities the expansion of its role to assist Cities with these areas as the industries converge. Many other Cable Commissions have expanded their roles and missions to fomially include telecommunications and rights of ways issues related to cable. Page-7of 8 Northern Dakota County Cable Communications Commission (NDC4) Annual Report to Member Cities, August 1, 1996 � �. � � :. �: r:� �►�u � :; NDCTV Corporation NDCTV will host a planning retreat this fall for both the Non-profit Board and the Commission to establish specific goals and plans for the next twelve months and beyond. The non-profit board's challenge is to set policies that work toward continuing the non- profit's mis§ion to provide access to local community technologies and services in a very fast-changing technical industry and threatened economic environment. Programming /Services issues: NDC4 recently approved the purchase of a new computerized interactive bulletin board system called A1phaChannel. Cities may utilize this system to televise municipal information with state-of-the-art graphics. �ewers can call up desired information using their telephones, and NDC4 can produce regular reports on viewing statistics, such as the number of calls, most-viewed and least-viewed pages, or most-requested information. NDC4 and Nl�CTV will be heavily involved with election coveraae from now through November. Informative programs such as voters forums and individual "Meet the Candidates" segments are being planned jointly with local League of Women Voters and Chamber of Commerce chapters, and of course multi-site LIVE election results will be orchestrated for the night of November 5. Franchise issues in the coming year: - NDC4 must vote to approve or deny the US West transfer by September 4, 1996. - NDC4 will file comments with the FCC regarding the ContinentaWS West merger in the next couple of weeks (deadline lias not been announced.) - NDC4 will conduct on-going rate regulation and monitor the Social Contract with the FCC as appropriate. - As Continental proceeds with its rebuild and upgrade of the cable system as announced at the July 24 Commission meeting, NDC4 will need to monitor the plans and the technical rebuild of cable system to ensure that provisions to meet Franchise requirements are completed . - If the US West transfer is successfully closed, NDC4 may receive a second transfer request within next twelve months. - NDC4 plans to begin discussions with Member Cities this fall regarding the Joint Powers Agreement. - During the next twelve months NDC4 may begin preliminary preparation for the Franchise Renewal process, including the possible beginning steps of a community needs assessment to establish what goals should be pursued in the Renewal of the Franchise. Page - 8 of 8 lnstght 7 Community Coverage, September 9995-February 1996 •�� • r. • ►�• � � • . � I]"�i�l �• ,• 9/5/951GH Community Genter SSPIW�P Safety Camp Back to School SSP Splash Poo,i � SSP Chili Caak-Off Summer Video Montage 9l19l95 MN Fiee Dept. of the Year tGH Sammer Basketball Confederate Alr Farce 1GH Star City Days Dakota's Chitdren Sporks Day � SSP Fi�e Rescue of Giris � 1013J95 Wakata Bridge Caalition iSD #197 Mentoring Program Simley improv Group NDGN Producer Night SSP Atiist 1Ql17l95 Regtonal Bike Trait 5ystem SSP Booya NDC Pulse Praject Highway 52 Opening SSP Peace Bridge 10/31J951SD 197 8 199 Referendum's IGH Grocery Grand Opening Dakota Cty. Domestic Abuse WSP Fire Prevention Men's rehab. program SSP Physfics Competitian Safe exchenge program 1 il94195 Harold Stassen (of S. �.ake} (GH Opticlan for Hoflywood SSP Reap MH Farewell to T. Lawell 58P Stock Exchange WSP Neighborhood Groups 11/28i95 Ann Bancroft (of S. Lake) WSP Photas Wi�demess Inquiry SSP Drovers changes hands SSP Graduation Requfiremts 12/12/95 WSP Signai Nilis Maff Tour af Halid�y Home Lights Swedish Troll Story Te(ler V1lSP Ecumenica3 AdvenE Svc Local Sewing Gfoup Hanukkah Tradltions Emanuel L.utheran Teacher �� Sibley FQotbal� SSP Soccer' IGH Socc�r , Slmley Football play-off teams STA, Sibley, SSP SSP Gir�s Hockey STA Basketba!! NocEcey 1/9/96 Airport Issues WSP One-stop Job Shop Simley Perfect SAT score Simley Danceline WSP Wes# Side Madet SSP Community United 2/8J98 Gang Awareness Simley Diversity SpeciaEist Dakota Cty. Juveni(e Genter St. Croix Giris Basketbal Historical 5ociety an Crime . SSP Hatl of Exceilence . 2120/96 Sun-Current Sold Presidents Day Gelebratlans IGH Past Office � Simley Swimming m r • 11 • ! . • f 1 : i � • � � i • : � • � t � J MH Police Retirement IGH Community Center Tour 3/5/96 Peace House for AIDS Caucus Politics Senior Housing State Toumaments ' Cable Franchise Propasal GanglYouth Seminar 3/1 �/96 Dako#a County Yauth Summit Today's Yauth Interviews Community Groups on Youth SSPJIGH Nackey St. James YouEh Talent Show SSP School Intemet Session wfth Harald Stassen 4/3/96 Visitation Wamen's Canferenc Tax Time Women and Media Sibley Baseball Wakota: Toli Bridge ' WSP Sfate-of-the-City Addres � TAUTGES, REDPATH & CO., LTD. Cc;=rTIFlED F!.iBL;i. .�C�,^.."�;T.aNTS AUDITOR'S COMMENTS ON COMPLIANCE To the Honorable. Members of the Northern Dakota County Cable Communications Commission We have audited the financial statements of the Northern Dakota County Cable Communications Commission, as of and for the year ended December 31, 1995, and have issued our report thereon dated March 22, 1996. The financial statements are the responsbility of the Northern Dakota County Cable Communications Commission's management. Our responsibility is to express an opinion on the financial statements based on our audit Our audit was made in accordance with generally accepted auditing standards; the provisions of the Minriesota Legal Compliance Audit Guide for Local Government promuigated by the Legal Compliance Task Force pursiiant to 11Tinnesota Statutes Sectioa 6.65. Accordingly, the audit included such tests ofthe accounting records and such other auditing procedures as we considered necessary in the circucnstances. The Minnesota Legal Compliance Audit Guide for Local Government covers five main categories of compliance to be tested: contracting and bidding, deposits and iavestments; conflicts of interest; public indebtedness; and, claims and disbursements. Our study included all of the above listed categories. The results of our tests indicate that for the items tested, the Northern Dakota County Cable Coaununications Commission, complied with the material terms and conditions of applicable legal provisions. Further, for the items not tested, based on our audit and the procedures referred to above, nothing came to our attention to indicate that the Northern Dakota County Cable Communications Commission had not complied with such legal provisions. This report is intended solely for the use of Northern Dakota Couaty Cable Communications Commission and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which is a matter of public record. Resp�lly submitted, �C'.�M� j f Gm 1 �. TAUTGES, RIDPATH & CO., LTD. Certified Public Accountants March 22, 1996 a TA UTGE�, RFDPATH & Ct).. LTD. �",-:�:=� ��__.� - : �. �r�!;.-�;�::., INDEPENDENT AUDITOR'S REPORT To the Honorable Members of the Northem Dakota Counry Cable Communications Commission We have audited the accompanying balance sheet of the Northern Dakota County Cable Communications Commission, as ofDecember 31, 1995, and the related statements of revenue, expenses and changes in fund balance, and cash flows for the year then ended. These �finaacial statemems are the responsibility of the Commission's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasoaable assurance about whether the finaacial statements aze free of material misstatement An aud.it includes e.xamining on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and signiSicant e,stimates made by management, as well as evaluating the overall financial statement presentarion. We believe that our audit provides a reasonable basis for our opinioa In our opinion, the financial statements referred to above present fairly, in all material respectS, the financial position of the Northern Dakota County Cable Communications Commission, as of December 31, 1995, and the results of its operations and its cash flows for the year then ended in conformity with generally accepted accounting principles. March 22, 1996 � �,,r�,.�.C.� � �a �C %l. TAUTGES, REDPATH & CO., LTD. Certified Public Accountants ` NORT�RN DAKOTA COIINTY CABLE CpNIIHIIMCATTON3 COMMISSION BAL.ANCE SF�ET AT •T • FUND TYPES AND ACCOUNT GROUPS Doxmber 31, 1995 Assets �nt Assets: Cash aad invastmenLs � Acmunts reaivable Aeaaed int,erast n�eivable Fraa,chise fas rxcivable Total aureut assets Fi�oed Asseis: Office furnitairla�aipment V'uieo productioa oqaipment Tota151ced assets Other Assets: Saut'ity fund deposit Stitemeat 1 Gov�ernmental Accaunt . Fnnd'I�+pe Gcnup Totals � Geaeral �General Me�oiandum Only Fnnd Fixed �►ssets 1995 1994 Total assds I.iabilities, a�ity and other ci+edits Liabilities: Acoounts payable Dne W oihet governmeats Security de�cuit payable Total curreai liabilities F.qaity and other cnodit� Iavrst�od ia g�al5x�od assets Fu�ci Balana: Reservrd: Unnsemd: Derignatod (Not,e 9) Undesigaated Tatal oqaitq and ottrer crodits ' 5209,077 S - 5209,077 S157,694 966 - 966 , 1,007 2,845 - ' 2,845 S10 83,840 - 83,840 76,445 296.728 0 296,728 235,656 - 34,003 34,003 31,918 441,971 441.971 441,9� 1 0 475,974 475.974 473,889 • 50,000 50,000 50,000 5346.728 5475,974 5822.702 5759,545 53,117 S - 53,117 S37,673 67,147 - 6�,147 16,176 50,000 - 50.000 50,000 120,Z64 0 120,Z64 103.849 - 475.974 475,974 473,889 222,801 - 222,801 166,273 3.663 3.663 15,534 2Z6,464 475,974 702,438 655.696 Tatal liabilities , oqnitq and otl�er crcdits 5346.728 5475,974 5822,702 S7S9.545 Zhe a000m�anying aotes are aa intcgcal part of t6ese 5nancial stat,e�eats. NORTHERN DAKOTA COIINTY �'-ABLE COMMIIrIICATIONS COMhIISSION St�ttemeat 2 TEIvt�TdT OF REVENUE, EXPENDTTiJRES AND ��ANGES IN FUND BALANCE - BUDC�T AI�ID ACIVAL GENERAL FiJND For The Year Endod Deoember 31, 1995 � Re�r�eaue: . Fraachise fas InLe�st Ivfscellaaeous Total revenue E�didit+es: Salaries Payroll taxas A�mnng/auditing Bank cbarge Cable service - offix �tY P� ConfereaoGs and schools Consulraats savi�e,s Graat to non�infit corporation lnsuran,x Legal and professional savices Miscellaaeaus Maiateaance and i�epairs IvfileageJemPlvyoe p�s�s Newsicaer Offix reatal Offioe supplies aad a�ripmeat Postage Promotion Subs�riptions/membersirips Tele.phon� vdoo savias vaeo a�gplies Total pcpenditanes Reveaue av�err (under) a�adit�ua a Otii«� finaacing sonnoes (u9es): Graat to NDCI'V - faca�ity Narrowrasting seulemant City cab1C retatod equipment - narm�v�asting settlement Total oti�er £iaaacing sout�es (uses) Z. _�ease (dxrease) ia fund balanoe Fand balance - January 1 Fund balancx - Deoemi�er 31 1995 � Ovrr iunder) Budget A�ctual Budget 5303,000 5322,736 519,736 Z,800 5.883 3,083 250 5,942 5,692 306,050 334,561 28,511 116,488 15,280 5,150 SO 396 45,450 3,000 �� 55.800 4,104 6=000 5,500 �� 35,640 18,392 1,800 765 1,317 3,983 6,498 3,060 333,373 (Z7,3?3) 27,000 114,275 15,140 4,835 41,287 �� Z,430 55,800 5,141 11,468 389 4,226 �� 655 35,640 4,568 1,352 750 1,421 3,953 4,702 3,640 316,640 17,921 27,000 CZ,2�) (140) i� (�) �� (4,163) i� 430 1,037 5,468 389 (1,274) 15 (13,824) ��) (1� 104 (30) i�,� S80 (16,733) 45,244 1994 A�ual (Memoraaduin �Y) 5304,719 3,326 �� 310,130 107,944 14,381 s,oio 62 Z74 30,472 �� 62,000 4,250 8.661 245 4,040 1,895 455 30,163 18,767 1,628 874 838 �3.609 5,207 1,388 304,612 ... 5,518 - 27,000 - (264) (264) (11,761) 27,000 26.736 (264) 15,239 (5323) 44,657 544,980 181,807 5226.464 The a000mpaaying notes are an iategtai part of these fiaaacial statements. 20,757 161,050 5181�80? ! � � NOR'T�ERN DAKOTA CUUNFY CABLE COMMIIrtICATIONS COMI�IISSIONS NOTES TO FINANCIAL STATEMENTS I3ecember 3I, 1995 Notc 1 SUMMARY OF STGNIFICANT ACCOIINTING PULICIES Ps�ge 1 af 8 Tl�e Northe�ra Dakota Caunty Cable Communications Commission was formai by thc Cities of Liv+rar Gmv�e Heights, Z.itydale, Meac3c�ta, Memdotat Heigtets, Swuh St Panl, Sunf'ish Lake and West St� FanL Thc Cam�ni�ion was chargod with inforniing itsclf about cablG communica�ions, Preparing a noais a�ant �pc►rt, awarding a .- cable communications fran�hisc and administering Wat fra�chisc. The Gommission was officiallq focmad in April,1982 with the signing of the Joint Pawers A�noemant with the individuai municiipaii#ies. F`maY�ial ac�ivity €ar thc Commissioa begau in Aprii, i982 Iimited ta the initiai colloc�ion of City asse�meuts for the preliminary funding uf the Commissioa Member citites appoiat h�ro rep�tivrs, one of which is roqainod w b�e a public officiaL F.�ach is appoin#ed to a two-y�ar tetut. �ffiic�rs and other m,embeas of the a�ive connrnittee at�� elocted aan��liy. Ia Navember of 1987, t�c Northern Dakota Counly Community Tdevisian Coxpwration (the Corporation) was formeci. The Cor�aratian was formed ta pmmote thc cana�t of peiblic avc�.ss ta cabte couimuaicatzoas aud to devoelop and implc�nent ways aud means af maldng cable oommunic�tions rr,adily acr�siblc for public nsc. The Corporation is Pa�ti�llY fun�od bY �uaU�g gr�� frara the Commi.ssion Grants to thc Corporation ac�e ia the form of c�.sh con�tions and �pansa paid bY the Cammissioa an the Co�►aration's bc�� Total gr.�nts to the Carporatiaa for the yaais enckd Deambcr 31,1995 and I994 totatai 562,000 aad S62,OQ0 respoctivc.iy. The tinanc� stat�snents a�f tht Gommissioa ha�re bcca prqaac�ed in oonfarmitY �► 8�Y �A� �g P�PIes as a�lied ta governinent uni#s bp tiu Gov�ernmantal A:c�unting Standards Board {GASB}. Thc Comxnission's aoa�unting policics are descn'beci below: A» FINANCIAL REPORTII�G ENTITY Ia s�ccarda,r�ce with Gav�crnmc.utai Accountiag Standacds Beaid (CASBj pmn�ouaaaftnts aad 8ratrally soacptod �aoomo�aiyug Ptiticiplr,s„ the fu►an�ial �ts af the n�orting entity iadade those of th� Northem Dal�ata Cauntq Cable Caa�municaticns Commissiaa {the pnu�ry g+ovaeramcnt} a�ui its componeat nnitx. T!� North�rn Dakota Coanty Cable Cammunications Comr��issioa does aot ha�vre a� campones�t tmits. GASB Sta�,ameat No 14 d�fines a camponeut oait as *lq;�lty separate organizations far which thc et� a�ic�iads o�'ti�e PrimaiY gawerament are finaattciallq aooamtabta The Gammi.*�sioa oonsiders the Corporation a n;Iatod organizadoa and not a eompaneat unit�" , � NORTFRERN DAKUTA CQtRYTY CABLE CQMMUrtICATIONS COMMISSIONS N{?TES TO FINANCIAL STA��MENTS December 31, 1995 B. FOND ACCOUNTING Pagc 2 of 8 Tbe acxauntiug s�sEem af tha Cammissian is argraniud and, aperat�d aa the basis af fct�ds and a�aunt g�ps. A f�nd is d� as a fiscai aad aooauz�ting eatity with a self-batanang set af aa�uuts x�a�rding cash a�ad ot�r fi�ancial raonaroes, together �vith all rclated liabilities and nsidnal aquities or bataacas, and changes therein, wtuch ac�e scg�gaiod far thc pucposG of r,atrying aa s�i"xc a�tivities or atiaining verlain objecdivrs in aaaordance a+iW spacial regulations, r�tridians or limitations. A�oavat gmups are a reparting device to aocount for oertain assets and liabilities of govoramental fuads not x+a:a�od dirc�tty in thesc funds. � The foltowing types af funds aad accaunt graups arc emptoyod iry the Commission; 1� �• i � Genaral Fund - to aoaount for all 5nancial � c�coept thos� raquired io be a000aatcd for in another fund ai j.r ' • ' The gav+crnnxn#ai fut�d typas aze d�sigaed ta �xount €ar the f aaa,a,at flow af a garticc:Iar fimd; ��, �Y �Y �iadtsdc onlp carnnt assets and t�urnmt liab�ities oa their �x sf�ects. T�ue Cortwussioa nnaintai�ns onc aac�ouat group w acoount for noacurnnt a.s�s as fulloars: Ceneral Fix A�S • The Comimission maintains a scpaxate aa�onnt group �vhich cont�ins th+c fixod assets usai in tt�e g�varamemtal fund type operations. Theq are as�,�ets of th,c Cammission as a wha% and nat of individual funds. G BASLS OF ACCOUNTING The accounting aad reporting �t agplied to a fiwRi is det,cxminai hy its n�eas�u+ea�eat fca�us. The Gencral Fund is aooamiUod far oa a crurcnt Snanaal rt�uras mea.�urcn�aat focxis. ZLis m�eaas that oniy curnat asuts and c�urnc�nt liab�itias are g�ily i�dndod on its balaax :s�CL OQaating �eats of this fun�d prescni iacreasas (rtv�eut�es and other finaaang sont+as) and dxx�asa (ex��eaditcros and otb�er f'.nancing ases) ia net attrcnt a�ts. T!u modifitd a�uat l�Sis of sooauutia� is nsod bq ti� Gcararat Fuad. Uu�kx this metlwd af 2wooauating, rav�eswres are racogai�od whca ttxp booame �btc ta a��c�al - that is, wie�n titiey beoome hoth m�tble and ava�abla ta financ]e expendibu�.s of tirc fiscal periad "l��easvrabk" �means ti�e am+aaat of the transaatioa can bc dcternained and'avai7,ablc" meauas cariatible wit'Min 'thc curnent period or soost eno� t�fter to be nsed to paq liabilities cf thc cnrrent paiad. Major rcv�ewnue sauraes msoe�blc W scccuat au� f rau�hise %Gs. E�a�peadidu�s an� geaeratiy ra�gniud in the a�voo�ng period wbGn the fuad Iiability is incurred NORTHERN DAKOTA COIINTY CABLE COMMIINICATIIONS COMIVIISSIONS NOTES TO FINANCIAL STATEMENTS December 31, 1995 Page 3 of 8 Deferred revenues ariso when a potential nev�enue does not meet both the "measurable" and "available" criteria foff reoognition in the aurent period. Defernod revenu�es aLso arise when resouroes are revoived by the govrrnment befor� it has a legal claim w them, as whea grant monies ane reoeiv�od prior to tt� incurnnce of qaalifY�g ��- ��I� P��. w}tea both revenna r000gnifioa criteria are met, or when the gov�ernment has a kgal daim to the nsou�+oe.s, the liability for deferncl i+�venue is removed fs+om the oombinod balana shat and nevenne is �oognized. D. BIIDGETS Budgds are adopted on a basis cansisteat with �enerally aooepted acoonnting Prindples. During the �S� Y�, �Plemental appropriatioas and deletions are or may be authorizod bq tl� Cummission. The amounts showa in the 5naacial �ts as 'Bndget" represeat the ariginal badgeted amannts plus all r�visions made during tfle qear and/ar for the year. Individual amendments were not maberial in n,lation to the original agpropriations which w�ere adjusted. E. CASH AND INVESTMENTS Cash and inves�meat halanoes an invested to th� �xteai available in auihorized inv�nts. Iav�ts are stated at oost (plas interest sddad, if siry) which apprmdmates marlcet valae. Iniet+est earnings are aaxuod at the balaaoe shat date. Th� Commission oonsiders all lughty liquid inv�s with an original maturity of thne mo�hs or less to be cash oquivaleats. F INVENTORIES The original oost of matecials and sa�plies have bcen reoorded as ex�eaditures at the time of pnrchase (pnrchases metho�. G F'IXED ASSETS GEI�IERAL FI7�D ASSE'TS Geaeral fixed a� are reoorded as ex�idurs of the Governmental Fands at the time of pnc�ci�ase. Snch assels are r,apitaliud at i�istozical oost � at es�imat,od historical oost in th� Creneral F'uood Asset A�ocouni Ga�up. Gifts or oontn'butians �re r000tdod in geaeralSJoed assets at fair market valae at th� tim� rooeived. No dzp�oa has baa grovidai � geauat fuaod assets. ' $. "MEMORANDIIM ONLY" PRESENTATIONS Preseuted in the 5nancial statem�nts are prior y�ear amaunts labdod "memorandum only". Thcse amounts are inoompflet� presentatioas in that prior y�ar bndget amounts ane not induded in ooaforn�aaa arith generallY ac�o�ted accaunting PrinciPles. NORTSERN DAKOTA COUN7.'Y CABLE COMMUNICATIONS COMMiSSIONS NOTES TO FINANCIAL STATEMENTS December 3I, 1995 L RECLASSIFICATION Note 2 . � Psxge 4 af 8 � In prior � the Commissioa has reported uiidu F'xaa�cial A�acounting Standards Board (FASB) Statement of Positiaa (SOP 78-I4-Aooa�unting Priaaipies anci R,aportiag Praqivcs for Cer�aia Nan-Profit Orgaai�a#ons). In I995, the Commission elcdad to repo�t an thc gov�crauientai m��svrezneat focus un,der Governmentai AaxHmtiag SG�adanis Board (�ASB} Seaian 2100 in accor�ianc� with thz provisi�ons af GASB Statement No. 29. .. C,�rtain reclassiiic�tians have beca snado Lo thc December 31,1994 amouuts to canforar ta the December 31,1995 �inanci.�l staicment p�utation. , A. DEFOSITS In ac�rdaaa with Mixu�csata StatuLes, ihc Commis�ion maiatains depos�its at thosc depository banks airthoriud by the Cammission, all of which anG members of tibc Faderal Reserv�c Syste�m. Miaaesata Stad�tes roqui� that aII Gommissioa deposits ix Prot�Ged bY inauance. su�' bond, or oouatezal. Th,e macket value af colta�eral ptedged must oqnai I IO'% of thc degosits not cov�nod by insuraace or iantls (2�t4% ia tltt t�sc of martgage not�ss ptaigod}. � Authoriud cailaterat indadzs iha legat "�xve�arts tic�cn'bed b�elcw, as w+eil as ae:taia first mortga�e nates, and certain othar staLe or k�cal gov+ernmcat s�hligations. I+�innesata � s�equire that sa;urities glcdged as collaic�,ral bc 2�eld in safekaPing �Y the Commission �rer or in a Snancial insiihttioa other than that fiunisliing tt� collatet�l. ±�- At yrar e�d, tt�e prrying amaunt of the Commissien's �its was SZ49,OT7 aaki the banlc balan,oe was 5228,287. Tiae cntire banic balan�e was oov�ci by fa�erai de�sitary insuraeta or eoltatts�i hdd by the Commissian's a$ent in thc Cammissaiaa's aain�. � 8. Il+IYESTMENIS 1Kina�a s� authoriu the Cornmissian to inv�est 'vn t� followu� �. a Diract obli ons or obti ;' S�ati gati�ts guarant�eod by ttt� Uaitad StatGs or its ag�cies, its i��nm�entatities, or organi�ations � bq aa act afoangc� e�odudiu� �nortgage�� securitics t�� as high risk � b. Shares oa inves�nent com�raaies regi.� � t6� Fcci�ra! I�mrestment Company A,ct of 1940 and whose oaly iuv�stments are in sa;urities d�,cn'bed ia (a) above, general obligatioas tax ercempt securities, or repunc6ase or�rcvr.rse ropurchase a�enxs. c. General obligations of the State of Ivfinnesota ur any of its municipaiities. L�ii � � � � .� �� [ �J � � � � � � � NORT�RN DAICOTA COIINTY CABLE COMMUI�IICATIONS COMI�IISSIONS NOTES TO FINANCIAL STATEMENTS December 31, 1995 � Pxge 5 oi 8 d Bankers aooeptana of United Statcs banks eligi'ble for purchase by the Fcderal Reseive 3ystem; a Commercial paper issued by United States oorporations or their Canadiaa subsidiaries, of the highest qnality, and maturing in 270 days or less. E R�epurchase or reverse repurchase agre�ents with banks tvat are members of the Federal Reserve System with capitalir,�tion txceeding 510.000,000, a Primary reporting deaier in U.S. government secnrities W the F�al R,e�ve Bank of New Yoric, oertain ivfinnesota socurities broker-dealers, or a hank qualified as a depository. The Conunission did nat iavest in azry of ttve abov�e invaGmenfs during 1995. Note 3 FII�ED ASSETS A summaiy of changes in general5x�d assets is as follrnvs: Offioe furniture%qaipment vdoo produc�ion equipmeni Total Note 4 FRANCHISE FEES Net Fixed Assets Deamber 31, Dxembe�r 31, 1994 Additians Deletions 1995 531,918 52,085 S - 534,003 441,971 - - 441,971 _� 5473,889 52,085 SO 5475,974 The Commission nceives franchise fees aqaal to fiv�e penoeat of the c�ble oompaaq's annual gross r�venue. These rave�s are to be oonsidared oompensation for the use af tibe member municipalities' public propeity. Tl�e cable oompany indicatod thai it had gross reveaues � 56,454,710 in 1995. In a000rdanoe with the Franchise Agroe�at and � StaLe S�s„ S32Z,736 (59�0 �56,454,710) was roo�gni�od as eaiaod 5anchise fas for tire Commissioa Franchise fas earacd Mrt not rooavrd at Dooember 31,1995 wr,re 583,840. In 1991, the cable oompauy and the Commissiaa reac�od aa agroemart oa tlre � settlemwt ia whi�h tlre cable oampany fargave unearnod branchi9e fas a�S64,71 L Additionaity, the cable company agn�ed to paq the Commissioa 527,000 per yrar for 8ve yrazs beginning ia 1991 to oomplete the settlemeat NORTSERN DAKOTA COUNTY CAiiLE COMMUP�IICATIONS C4MMISSIONS NQTES T4 FINANCIAL STATEM�;fiTFS December 31, 1995 Notc 5 SECIIRTTY FQN'll � � Pagc 6 af 8 � Thc Cammissioa rrociwd a SS0,400 dega�it in Fcbruary: of 1985 fram the cable companp. This deposit is far additionat pmta�ion far the faithful perforn►aax af thc franchise agroemwt aad any othcr orders aad dina�ions of the Commission. Any halana remaining at the end of the franciiise agroen�ant rev�tts badc to thc cable oompany. This security fund is in a�parat� baunk aabunt with all interest earned W bc paid quarterly to the cable compaay. Atate 5 DEFllYED BENEFIT PENSIt?N PLANS i STATEWIUE , A P]an Description All full-time and cextain partfimc cmployeas o� the Narthenn Dakota Count.y Cable Conumuni�c�tions Cammission ara cavrx�od by de�ned.beae#it glaas admiaistercd by tb:e Public Fmpiay�ees Reti�uxent Association of M'ina�ota {PIItA). PERA adminisGers the Ppblic Employecs Re�inem�it Fund (PERF) whzch is a cast-:rhariag, maitiple-cmptaycr niircment plan. liacst glans arc �tabtisheti and atluunistered in a000x�dance with �mresata Statute, Chapters 353 and 356. PERF � beivng to ciither the Coorsiinatod Plaa or the Basic PLan. Caordinatod Pian manbecs ac� cav�ertd bp Social Sa;iuity and Basic PL�a membtrs ar� n�. All ntw m�nnbers must particigatt ia the Coardinated Plau. - � �- P�� prt�vidcs �tincn�ent bcaefits as wcll as disabilitp ben�ts ta membe=s, and bcne5�ts to auvivors upon d:eath of cligtblc mt.m�s. Benefits are establisi�od by State Stahrte, and vest after thra� y�ears of credit,aci se�rice. PERA issu�es a pnblidy available 5naaaal report ihat iacludes finaacial statements aad required supp2emcntar�► infarinatian far the PERF. A copq af this report can be obtaiaed by sending a x+aquest to: Pnblic Employ�es Rctiremtart Association of Min�, 514 SL Pd�cr Stroet, St Paul, MN 55102-1094. NORT�RN DAKOTA COIINTY CABLE COMMIINICATIONS COMII�IISSIONS NOTES T�O FlNANCIAL STATEII�NTS December 31, 1995 B. Funding Policy Page7af8 M`innesota Statutes � 353 se,tss the rates far employer aad emplayee oontn'butions. The govr,rnmenLs mak�e annual contnbufions to the pension plans oqual to the amami noquir� by state �es. As pazt of the annual achiarial valnatioq PERA's ac�uary dderminas the sm�icien�y af the statatory cont�dbution rates towards meding the required full funding da�dline. The acxuary compams the acxual oontnbuiion rate to a`�+equirad" contn'bwioa rate. C�urent combined stad�tory oontnbution rat,es and aduariallq required oontn'budion rates for the plans are as folloars: ,• .' PERF (A bleaded rate for both the Basic and Coondinated Plans) Statutoty Rates Required Fm�loyees Employer Rates'` 4.31% 4.60'/0 9.76% *The reoomm�ended rates scibeduled ai�ave ng�ent t}be r�quinod iaf,es for fiscal qear 1995 oontnbutions as reportsd in th� Juty 1, 1994 actuarial valuation reports. Tha Commissioa's emplayer contn'bntioa to PERF for the last thrx years. which w�ere eqaal to the requir�d oontnix�ions for each year, are as follow� 1995 55,102 1994 4,790 1993 5,443 Nate 7 CONTII�IGENCIF'.S The Commissioa's attornsq has indicatod that there are n,o peading lawsuits or other adions in wluch the Commission is a defendaat. ' Nate 8 COMPENSATED ABSENCES The Comanission raviews all �+equests for vacation and sidc leav�e oa aa individuai basis. lhere a�+e � material aoammiatians for aocr�od vacation and sick kave. T7x Commissiaa tLa�effore has aot raoordod a liabilitq for oompeasatsd absenoes ia the financc�aal statentents. � IYURT�ERI�I DAKOTA COUNTY CABLE COM2KU2IICATIONS COMIVIISSIONS NOTES T'O FINANCIAL STATEMENTS December 31, 1995 Note 9 F�TND BAI.�ANCE DESIGNATIONS P�tgc 8 of 8 The Cammis.sion �tas designat,ed partioas af its fund balanca tiimugh afficial Cammis�ian matians. A sumazazy of designations at Dec7embtr 31,1995 aud 1994 is as follows: Fund balance: Designated for aity equipm�ent rePla'c�ent inarnnR+�a.sting s�tle�nent) Designatcd fior heazing in�raired Desiga�atc�d far NDC4 praject fund Design�ated for cash Ilaw Des,ignate� for personat ieave Desiguat,ed for cns�ring y+eafs badgd deficit Tatat designations Notc 10 RELATED PARTY TRANSACTIQNS I?e�ember 31, 1995 1994 SSO,U00 540,000 5,'750 5,750 ?3,()00 23,000 I7S,9I0 62,280 8,000 8�000 i0,14I 27,3?3 5222,8t}i SI66,273 :---- The City of Me�dota Hcigh#s paid salazy and bene�it �!c�nses to thEC Commission emplay�s and were subsequentiy reimburseci by the C`iimnnission. In acvordanoe wi#h the agreement bdw�eea the Commissioa and thc Cotporation, the Comniissiou pravides campensation far t�c Exscutiv+e Dix�ector an,d A+�min%sErative �A�sisfant, with thtir sec�rices pravidsd to th� Caiporation an an "ia�cind" basis. �„Iote 11 RYSK MANAGEIVI�NT The Conw�issioa is cx�sad W vaziaus ri►1cs of loss relaLod w tort� tt�eft a� da�mage to a�d destxudion of a� enrors aad omissians and na4uat disa,steis for wlucii the Gommissiaa cac:ies commcmcial in� polic�ies. Tl�e Cammissiaa rctauts risic for tI� doduc�ble porrt�iions of ti�c iastua�ea policics. Zhc am,o�cnt af thesc �'bles ane c�nsid�rad imina�ocial t�a the financia2 statemen�s. T�een wci�e m sigaificaut radu�tions ia insvrazu�e from thc previa�s year or sr�ttana� ia �ccas of iasarao�ce �ga for any of ihc past three f�cal y+car�. . CITY OF MENDOTA HEIGHTS August 30, 1996 To: Mayor and City Council . From: Kevin Batchelder, City Ad ' r Subject: Contract Discussions on Third Parallel Runway Council will recall that they established a negotiating team to discuss contract language with the Metropolitan Airports Commission (MAC) regarding the prohibition of a third, parallel runway. The team that Council appointed is Mayor Mertensotto, Councilmember Jill Smith, Scott Beaty, Chair - Airports Relations Commission and myself. (Please see attached August 23, 19961etter to 7effrey Hamiel.) Mr. Tad Selzer, attorney with the Oppenheimer law firm, is representing MAC on this issue and has contacted me to establish a date in September when our fust meeti.ng may be held. ACTION REQUIItED If Mayor Mertensotto and Councilmember Smith so desire, they should decide upon some mutually convenient dates for the first meeting and direct staff to arrange the schedule. � �� (�,� ,i,i,.t.J' � �o �� c � i�y o� .,,,,,, �, 1��ic�ndata Heights August 23, 1996 Mr. Jeffery �ia�:niel Executive Directar, Metropolitan Airparts Cammission 604U 2$th Ave. S. Ivtinneapolis, MN 55450-2'799 Dear Mr. Hamiel: This letter is in response to your request of Ju1y 23, 1996 to appoint a negatiating team on bebalf of the City af Mendota Iieights to discuss third parallel n�away contracts. The City . Council considered yaur request at their August 20, 1996 meeting and have appainted the foliowing team to represent Mendota Heights: � Ma.yar Charles B. Mertensotto 2371 Rogexs Avenue Mendota Heights, MN 55120 Kevin Batchelder, City Administrator 11Q1 Victaria Curve Mendota Heights, MN 55118 CounciLnember Jill Smith 625 Hampshire Drive Mendota Heights, MN 55120 Scott F�eaty, Chair Airports Commission $00 Havenview Court Mendota. �ieights, MN 55120 The City of Mendota Heights laoks farwa;rd to woarking cooperatively with the Metropoiitan Auports Commission to draft the contract regarding the third pa�:al.lel runway at Minneapalis/St. Paut International Auport. Please contact us at the earliest passible date to anange an appropriate meeting time to begin discussions. Thank yau far your efforts. Sincerely, ��"...L��--- ��Ct��.�i.N�� Kevin Batcheider Ciiy Administra�or cc: Thomas W. Andexson, MAC General Counsel 1101 Victoria Curoe - Mendata Heigh#s, MN • 55118 (612� 452-1850 - FAX 452•8940 � CITY OF MENDQTA HEIGSTS August 30, 1996 To: Mayor and Czty Counc�. From: Kevin Batchelder, City Ad ' or Subject: Closed Council Session to Discuss Labor Negatiatians DISCUSSIqN Contract propasals from Law Enforcement Labor Services, Inc. (LEIS) have been received by the City to begin discussions about a future Ia.bor contract for our Palice bargaining unit. The current, twa year contract e�cpires on December 31, 1996. A stra"tegy sessian with the Council is requested following our September 3, i996 meefsng to discuss the contract pmposals with Council. `� RECQMI��NDATI4N Minnesota� 5tatutes 471.705 allaws Cauncil to, by majority vote af the Council, hald a closed meeting to consider strategy for labar negotiatians, including discussions of labar negotiation proposals. I recammend that Council pass snch a motion announcing that the Cauncii will meet in closed session immediately after we conclude ovr regular meeting business on September 3, 1996. ACTION REOU.CR�D Council should adopt a motian to conduct a closed Council session, for gurposes of discassing labor negotiation develapments, immediately following the Council's regular September 3, 1996 meeting, �� / W Z W WQ Lt- CT) L_ W -J 0 0 z-: 0 0 to u-) 0 i� 1 z O U LAJ Q 1"-- Z Z o a c o O m� E 00 o v '- c 0▪ o ▪ 0 h e to a O 0 ° o N' o U N c c o a ✓? $"c oa v O 0 U E Z o 2 CONCRETE 1.0 0 0in Cco in Q' O N cI� C 1 VJ C CN v N cN o� •.6 p o� o E w x . I 0 (no• z QQ cuo •10WN C W • v Q Z c, LcNi Wo0 O N -� u- (1) 0 eh 0 0 COCO J L� z 0 rn N ro rn d - N o 0 0 4) OL G ao. m y C v o,o 3 m cLQ) a c a. '3%E • rno t w o 0 4 o C 0 -ID L,C_ L N z a y E O f 0 N d a a>oN 0 0 L N L N E E O O Registration No MENDAKOTA GOLF COURSE U W2 2 3 JNL2 as N SOUTH PLAZA DR. 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Date: 1/15/93 Insp. By: PC. Address: 832 WAGON WHEEL TRAIL, MENDOTA HEIGHTS OLSON LOT 5, LINDEN ADDITION This Plat Drawing is not intended to be used as a survey and should not be relied upon as such. The lot dimensions are taken from the recorded plat or the county records and are assumed to be accurate. The location of the improvements shown on this drawing are approximate and are based upon a visual Inspection of the premises. A licensed surveyor should be contacted if an accurate survey is desired. This plat drawing does not constitute a liability of the company and is Intended for use by the company only. 0 cD WA. SON WHEEL TRAIL 100.00 4' ) STORY FRAME 10 S` b ci k inn r,,r av'C\fne nfi' N 1" = 30' Drainage and Uhilty Easements APrAIRIVAPIVIr snia�h�..1 r MT.110� •illlllh. 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W Z 0 U 1 V1 17 L4 F U < O W—(S--W--F-(n z W aX w Z .a4 > - U Z- N-•Wn[F 4444 - a0 z a < 0 CaCo - 3w n f< w d .4 cn 1 I LI w 91,91,* n&Oi 9C%I ONI NOSN/Bry N r/ '1•11. W 11 N O N m r 0 -n ON JNIMVHc z O c -v 3AINC 3SITJd�31N3 N9IG NO11V9IdLLN3G \\ \*\ \\\? \,‘ N\ • ��.\ `V A\\A�\�\�V N 140' 300.12 hT / I r' it III 40. n 4 • ni z O A / z / .... rn r T T N A N T Wor ing Drawings For: Manna Freight Systems Inc. Mendota Heights Minnesota 334.11 30' 10' 4 U) DRAWN 74 CHECKED r - 1S DATE : .i 1 1.r! COMM REVISION These drawings, specifications. design and concepts are and shall remain the property of Starr Design Group- Architects and shall not be copied. disclosed to others or used in conjunction with any other work or project in whole or in part without the written per- mission of the Architect Visual contact with this notation shall constitute evidence of these restrictions. REGISTERED ARCHITECTS COMPUTERIZED CONCEPTS CORPORATION 610 PROFESSIONAL DRIVE P.O. BOX 515 NORTHFIELD, MN 55057 TELEPHONE: (507)663-0818 TELECOPIER: (507) 663-7949 61'611'99(2W Zu,d003731 9190-C99 (LOS) ,3NOHd3131 LOS NW '01313HfHON S 1 S XO9 Cid 3AI80 IVNOI$S3dQNd 0t9 NOLVtiOdk00 S1d30NO0 03ZId31ndWOo S1O31IHOHd a3b31SIDal SUI' I]Ultal )S34110 3.14 apt. 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Mendota Heights Minnesota H 11 0 m m 1< 0 z 3 1> z z 1> T1 m A m 7 O i> t m _ I _I ■ b * 19 G. GMU 8" = 12'_8x rn-i rp • 0 <0rn ei0O 1 2 3 T V3 z Cl 0 a Ib G. CMU 8x = ioi-e" tn • O -'71 u0 r 1 ROCK FACE BLOCK • /TUGGo BAND ROCK FACE CMU f COLOR *2 i r __ _ _ --- _=--- I. J 116 vA 0 z 'H'O ,bl X ,LI Working Drawings For: Manna Freight Systems Inc. Mendota Heights Minnesota H 11 0 m m 1< 0 z 3 1> z z 1> T1 m A m 7 O i> t m _ I _I ■ b * 19 G. GMU 8" = 12'_8x rn-i rp • 0 <0rn ei0O 1 2 3 T V3 z Cl 0 a Ib G. CMU 8x = ioi-e" tn • O -'71 u0 r 0 O 71 %D 0 rn 0 A DRAWN TN CHECKED r'5 DATE C( -rt COMM REVISION Thesedrawings. specifications, design and concepts are and shag remain the property of Starr Design Group -Architects and she not be copied, disclosed to others or used in conjunction with any other work or project in whole or in part without the written per- mission of the Architect. Visual contact with this notation shall constitute evidence of these restrictions. REGISTERED -ARCHITECTS COMPUTERIZED CONCEPTS CORPORATION 610 PROFESSIONAL DRIVE P.O. BOX 515 NORTHFIELD, MN 55057 TELEPHONE' (507)663-0818 TELECOPIER: (507) 663-7949 ROCK FACE BLOCK • /TUGGo BAND ROCK FACE CMU f COLOR *2 i r __ _ _ --- _=--- J L— r-- L J 1' 1 r,/�_ _� — i 0 O 71 %D 0 rn 0 A DRAWN TN CHECKED r'5 DATE C( -rt COMM REVISION Thesedrawings. specifications, design and concepts are and shag remain the property of Starr Design Group -Architects and she not be copied, disclosed to others or used in conjunction with any other work or project in whole or in part without the written per- mission of the Architect. Visual contact with this notation shall constitute evidence of these restrictions. REGISTERED -ARCHITECTS COMPUTERIZED CONCEPTS CORPORATION 610 PROFESSIONAL DRIVE P.O. BOX 515 NORTHFIELD, MN 55057 TELEPHONE' (507)663-0818 TELECOPIER: (507) 663-7949 i 4 r 7 L 114 16 G. CMU Working Drawings For: Manna Freight Systems Inc. Mendota Heights Minnesota ■ 6 r a rn!-1 r •0 rt -O :t<•0 00 0�• 19 G. Gs/Li 8" = 12_8" 3AIb4 3SI21dd31N3 app...11.1111.111111111111.o ro rn -U ia w 0 O tt 0 ro ro n> rn rn 0 06 1 A DRAWN rN CHECKED DRS DATE q. rib COMM REVISION T hese drawings, specifications, design and concepts are and shall remain the property of Starr Design Group . Architects and shall not be copied, disclosed to others or used in conjunction with any other work or pro)ert In whole or in part without the written per- mission or the Architect, Visual contact with this notation shall constitute evidence of these restrictions REGISTERED ARCHITECTS COMPUTERIZED CONCEPTS CORPORATION 610 PROFESSIONAL DRIVE P.C. BOX 515 NORTHFIELD, MN 55057 TELEPHONE. (507) 663-0618 TELECOPIER; (507) 663-7949 646L'f99 (LOS) 4131dO03131 9190-099 (LOS) '3N01 -1d3131 LSOSS NW'013UH1ijON SLS XOB -O d BAWD 1VNOISS3d0bd 019 NO11V80d80O S1d3ONOO 03ZI213111dWOO S1O31IHOdtf 032131SIO32! suopw-0sai asayl to aouaprAa apiplsuoo Heys uopelou skip glint laeluw IefS4 pallyoty au) p uorssµu -lad ualuM ayl lnoypM ped ue to alogM u1 palwd to )ItoM roup Aue one uogauMuoo u1 pasn to stoup 01 pasopstp'patdoo aq lou Ileus pue spallgoty - dnot0 u6isa0 tteIS to Apadotd ayj wewat pays pue ate sjdaouoo pue u&sap'suoileo,Lloads's6uiMetp asayl Y5 ) YC W. NOISIA32i WWOO a -& 31d4 a3)O3HO -� NMt�iO EDPM & BALLAST PER FOOT) INSUL (1/4' a' CONT. METAL FLASHING 0- .1:2 M 47 Q K 2 O 1- J 3 0 U l7 2 W Z F Q 1- a rW f- tsi Q z U 0 q N U ' W J a c i- x1 - y Rl A Id v O a - J .Zz . _A l7 0J r - N 'X4' 816' 0. r ...1 amass 2'X4' 816' O.C. i -,9 m J 2 0 M tG 2 eloseuum 448H elopuayg •auI smaJsAS 3gfiai j ruuRK :ioj S6uiMela bUI JOM 0it- f, 0 0� u0 0U 40 X0 0(A ✓ • 0 tOLL z 0 1- 4 v# 40 00 • n• 0 O -1 n3 W 4 0_I 000 L r 0 v 40( FA z T 0o Y it Ill 42 4 2 O d iu w to m U 2 d 1-- Z 6— V CT z 0 0 0 J PROJECT PROJECT LOCATION 0 • 0 ca 0 0 O T 0 0 ti C) Cao V• 0 O M N 0 0 0 0 O N 03 O M 0 0 N a) (0 0 0 0. a).: a 0• c:: 0 0 *DOES NOT INCLUDE TRAFFIC SIGNAL MODIFICATIONS WHICH WILL BE FUNDED BY F O z Q Z �d LU W }� Z W :f go aW c< ci) oa 2 '014 48 WOk:tA'&4 g5 Il s lr,"1 6174 'AMAH )INf12:11 31ViS 11- 2/3130 ONIddONS 'ZYld V1003W 0133NV2/1N3 SEGMENT # 2 rn co 2 g 8 S s