1996-07-02CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
JULY 2, 1996
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of June 18th minutes (Available Monday)
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a. Acknowledgment of June 12 Airport Relations Commission Minutes
b. Acknowledgment of June 25 Planning Commission Minutes
c. Acknowledgment of Building Report for June
d. Accept Resignation and Approve Personnel Issues
e. Approval of Final Plat for South Business Center 2nd Addition -
RESOLUTION NO. 41
f. Acknowledge Friendly Hills Middle School Construction
g. Approval to Purchase Computer Engineering Computer Equipment
h. Approval of Prohibiting Parking on the South Side of Marie Avenue -
ORDINANCE NO. 310
i. Acknowledgment of Sprint Antenna Agreement
j. Approval of List of Contractors
k. Approval of List of Claims
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a. Dakota Bank/SuperAmerica Developer's Agreement, Tax Increment
Agreement and Final Plat Approvals - RESOLUTION NO. 96-42
b. Request to Change the Name of Rogers Road to Bourne Drive -
ORDINANCE NO. 311
c. Request for Outdoor Eating by Subway
d. Request by MHAA for Lights at Mendakota Park Ballfields
e. Case No. 96-18: NSP Conditional Use Permit and Variance -
RESOLUTION NO. 96-43
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f. Tour of Mendota Heights to Visit Air Noise lmpacted Areas
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Auxiliary aids for disabied persons are avaitab[e upon request at [east 12Q
hours in advance, If a notice of less fihan 120 hours is received, the City of
Mendota Heights wilE make every attempt to provide the aids, however, this
may not be passibMe on shart natice. Please cantact City Administration at
�52-1850 with requests. 1
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CITY OF MENDOTA HEIGHTS
July 2, 1996
� - TO: Mayor and City Council
FROM: Kevin Batchelder, City A'�
SUBJ'ECT: Add On Agenda for 7uly 2, 1996 City Council Meeting
` One new item has been added to the Consent Calendar - Sd(1) (*) aad Unfinished and
new Business 7a (**) will have more information provided by Tom Hart.
3. A�enda Ado�tion.
It is recommended that Council adopt the revised agenda printed on purple paper.
S.d(1) ���rova to Hire Contractual Fire Denartment Secretarv
� Please see attached memo.
7.a �akota Bank/SuuerAmerica De�elo�er's A�ment� Ta incremen� Agreement
and �nal Plat A��rovals - RESOLUTION NO. 96-42
Tom Hait will be providing more information at tonight's meeting.
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CITY OF MF.�NDOTA HEIGHTS
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July 1, 1996
TO: Mayor, City Councii, and City Administrator
FROM: John P. Maczko, Fire Chief
SUBJECT; Fire Department Secretary
On Tuesday evening you will be acknowledging the resi,gnation of Diane Ward
who is leaving to accept a pasition with the City of Stitiwater. As yau are aware,
Diane was not only Engineering and Public Warks Secretary and Deputy Clerk, but
also served as secretary ta the fire deparlment. T�rzs position is invaluable to me and to
the operation of the department. Daane is very knawledgeable in fire department
operai'rans. Her loss will have a significant impact on the department. This resignatzon
poses several problems:
1. No one has been designated fox the positian and no one has
been trained to take over the duties and responsibilitias.
2. It is very difficult for me to tra.in someone for thzs position since I work
full-time in another occupation and have other %urre commitments such as
Dakota Chiefs etc. Training wouid best be done by Diane as she has
organized all information and is current with the steps involved in
pracessing the fire departrment information such as fire calls, activity
infarmation, state reports, monthly reports far contract cities, paymll,
adapt a hycirant etc.
After discussing this matter with Diane, she has stated her willingness ta work
for the deparbment an a contract basis until such time someone is seiected and trained to
assume these respansibilities, This process may take some time due to the current
limited City sta.ff. Monies are appropriated in the deparlment budgei for the fire
department secretazy position, therefore, paying for this service should not be a
p.roblem.
RECOMII�NDATION:
I recammend that Diane be hired an a cantra.ctual basis at her existing hourly
salary for work nat to exceed 10 hours per week as allotted in the 1996 fire department
budget.
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If Council concars with the recommendation they should pass a matzon
authorizing the fire department to hire Diane Ward an a cantractual basis, at her
current hourly rate, as fire department secretary until such time that someone is
designated and adequately trained ta perfarm the responsibilities reguired for the
department.
Page No. 1
June 18, 1996
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regulaz Meeting
Held Tuesday, June 18, 1996
Pursuant to due call and notice thereof, the regulaz meeting of the City Council, City of Mendota
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were
present: Mayor Mertensotto, Councilmembers Huber, Koch and Smith. Councilmember Krebsbach had
notified the Council that she would be absent.
AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda. for the
meeting.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
APPROVAL OF MINUTES Councilmember Smith moved approval of the mi.nutes of the
regular meeting held June 4, 1996 as amended.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for
the meeting, along with authorization for execution of any necessary
documents contained therein.
a. Acknowledgment of the minutes of the June 1 l, 1996 Parks
and Recreation Commission meeting and direction to staff to
notify all commissions triat Council values their input and any
decisions which are contrary to a commission
recommendation aze not for lack of findings but rather because
Council is responsible as elected officials and must exercise
individual judgment.
b. Acknowledgment of the Fire Department monthly report for
May.
c. Acknowledgment of the Treasurer's monthly report for May.
d. Aclrnowledgment of a"Spring Clean-up Day" suminary
report.
Page No. 2
June 18, 1996
e. Adoption of Ordinance No. 308, "AN ORDINANCE
AMENDING ORDINANCE NO. 233 IN ITS ENTIRETY
AND ESTABLISHING SALARIES FOR THE MAYOR
AND CITY COLTNCIL," the salaries established at $375 per
month and $250 per month respectively.
f. Approval for the police department to purchase two Motorola
Spectra A-5 mobile radios from Bear Communications for a
total cost of $4,026.49 under the state purchasing contract.
g. Approval of the appoinhnent of Michael L. Thompson, John
A Larrive and Robert M. Lambert as probationary police
officers.
h. Acknowledgment of quotes received for the 1996 tree
planting program and award of a contract to Greenworks,
Inc., for its low bid of $17;000.
i. Authorization for staff to solicit bids for a GIS computer
system.
j. Adoption of Ordinance No. 309, "AN ORDINANCE
PROHIBITING PARKING ON THE NORTH SIDE OF
SOUTH PLAZA DRIVE, BEGINNING AT DODD ROAD
AND EXTENDING 100 FEET EAST, AND PROHIBITING
PARKING ON THE SOUTH SIDE OF SOUTH PLAZA
DRIVE, BEGINNING AT DODD ROAD AND
EXTENDING 20 FEET EAST."
k. Acknowledgment of a memo from Recreation Prograxnmer
Esser regarding reimbursements to 1995 softball teams for
unused umpire fees, and authorization for refund subject to
notice to the applicants that the refund is available upon
receipt of an application for refund from the each team.
1. Authorization for the execution of "The Contract for Private
Development" between the city and Tuthill Corporation (TIF).
m. Authorization for staff to solicit bids for 1996 seal coating.
n. Approval of the list of contractor licenses da.ted June 18, 1996
and attached hereto.
o. Approval of the List of Claims da.ted June 18, 1996 and
totaling $105,026.66.
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June 18, 1996
p. Authorization for the purchase of a Chevrolet Caprice cruiser
from Polar Chevrolet at the state contract bid price of $17,979
and a Ford Taurus unmarked squad for $16,500, with a cap of
$28,000 in total cost after trade or sale of the vehicles being
replaced.
p. Acknowledgment of a memo from Administrator Batchelder
regarding a request from the Mendota Heights Athletic
Association to reserve Mendakota Park for a regional AAU
baseball tournament on June 23 and 24, along with a request
from MHAA that the city fence off the entrance points to the
ballfield facility because they wish to chazge admission to the
tournament. Approval to allow the AAU to conduct the
tournament and that the city charge the AAU $75/per parks
employee for a two hour period for general cleanup and
referral of the fencing issue to the Parks and Recreation
Commission.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
COUNCIL COMMENTS Regazding the MHAA baseball tournament fencing request, Mayor
Mertensotto pointed out that the park is public property and as such
there are problems that would be associated with allowing groups to
charge admission. He felt that the Pazks and Recreation
Commission should review the fencing issue before any action is
ta.ken by Council. He further stated that he would not want to set a
policy on cordoning off the public fields to keep people out because
an organization wants to charge a fee to an event.
Mayor Mertensotto informed Council that he has received a call
from a home owner just north of the boundary line for the middle
school who had asked the school's construction contractor about tree
removal from the site and who was informed that all of them are to
be removed. He stated that removal of the trees would naturally
upset people who sat through the Council discussions over
development of the property. He informed Council that the home
owner has set up a meeting with school district representatives for
Wednesda.y evening and has invited Council to attend. He asked
Public Works Director Danielson to attend the meeting to review
what Council has approved.
CASE NO. 96-16, STOVERN Council acknowledged a memo from Administrative Intern Hollister
regarding continued discussion on an application from Mr. Timothy
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Page No. 4
June 18, 1996
Stovern for a wetlands pernut to allow installation of a fence for Mr.
& Mrs. Rosenblum, 2277 Copperfield Drive. Mr. Stovern was
present for the discussion.
Mayor Mertensotto stated that it appears that there is a fence in a
back yard along the pond that goes right up to the pond, but Mr.
Stovem is proposing to install the fence 25 feet from the pond,
which would allow passage along the pond. He asked whether the
25 foot setback should be the standard or how far Council should
allow fences to be set back from the scenic easement.
Public Works Director Danielson responded that in this case the
scenic easement area is open so passage would be possible, but in
other cases there could be heavy vegetation.
Mayor Mertensotto felt that the standard should be at least four feet
from the easement.
Councilmember Smith sta.ted that the last matter than came before
Council was a different request for a passage way but she did not
believe it is the city's obligation to require a passage way on private
property. She sta.ted tha.t Council is dealing with the wetlands
pernut application, which involves just a review of the proposal for
impact on the wetlands or on the habitat of the area around the
wetlands. She further stated that Council is also dealing with the
scenic easement issue and Council is charged with protecting that.
She felt that it is possible that there may also be some restrictive
covenants on fencing azound the pond and suggested that Mr.
Stovern review the property title.
Councilmember Koch moved adoption of Resolution No. 96-39, "A
RESOLUTION APPROVING A WETLANDS PERMIT FOR 2277
COPERFIELD DRIVE."
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
MENDAKOTA FENCE Council acknowledged a memo from Public Works Director
Danielson regazding a request from Mendakota. Country Club for
, approval to complete part of the Phase II fencing plan approved in a
conditional use permit amendment in 1989. Mr. Bill McKinnis and
Mr. Terry Fenlon were present to represent Mendakota.
Mayor Mertensotto stated that his only concerns is that when the
original application for fencing was present, galvanized fencing was
proposed along most of Dodd Road. At that time Council asked that
Page No. 5
June 18, 1996
fencing be kept uniform, and although colored vinyl fencing looks
nice new it becomes more visible as a fence as it ages than
galvanized does. He asked why Mendakota. is proposing black vinyl
clad fencing.
Mr. McKinnis responded that galvanized was installed in 1989 in
response to Council's request but Mendakota had asked for green
vinyl clad at that time. He stated that the current request is for brand
new fencing, as no fence existed along Dodd Road prior to 1989.
Mr. Fenlon sta.ted that Mendakota.'s Boazd expedited the request for
fencing for safety reasons and does not want it to look like a prison
yazd but rather wants something that would look more elegant for
the country club. He stated that the fire station breaks up the
existing fence and what is currently proposed.
Responding to a question from Mayor Mertensotto over the fence
height, Mr. McKinnis stated that the fence will be six foot tall, but
where it will be staked out it will be a net five foot high fence. He
explained that the fence will be fifteen feet from the Mendakota.
Drive curb. With respect to vinyl coated fencing, he stated that the
proposal is for 9 gauge black vinyl coated fencing, and that vinyl
coated fencing which has faded is typically the older powder-coated
fencing. He explained that the coating process has improved
considerably and that Mendakota. wants to install a fence with will
look goad for a long time.
Mayor Mertensotto stated that Mendakota. is asking for an
amendment to its PUD to use black vinyl coated fencing in lieu of
galvanized and for a pernut to install only a portion of the second
phase of fencing.
Mr. McKinnis stated that the fence is needed for safety and also to
keep children from coming onto the property and stealing balls. He
informed Council that Mendakota will have to pay over $6,000 for
this part of the fence.
Mayor Mertensotto asked about the small sign at the entrance to the
club, stating that authoriza.tion had been given for a larger sign and
people ha.ve difficulty finding the club. He further stated that he has
been told that someone at Mendakota. has told people that the city
would not allow a larger sign. He also asked that the downed trees,
etc. on the property be cleaned up.
Councilmember Smith stated that she likes the appearance of the
black vinyl fencing at St. Thomas Academy fencing and would be
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Page No. 6
June 18, 1996
willing to take the chance that the product has improved over the
years. She further stated that she likes the open look along Dodd
and would like to leave it open.
Councilmember Huber moved to approve an amendment to the
Mendakota Country Club conditional use permit to allow the
installation of black vinyl clad fencing along Mendakota Drive on
Mendakota Country Club property, on the property line fifteen feet
back from the curb.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
MANNA FREIGHT Council acknowledged a memo from Administrative Intern Hollister
regarding continued discussion on an application for building permit
from Manna Freight for construction of a warehouse on Enterprise
Drive immediately east of the BDS facility. Mr. Randy Geisen was
present on behalf of Manna Freight.
Mr. Geisen reviewed revised plans and described the cha.nges which
have been made since the June 4 meeting. The changes he reviewed
included: moving the parking lot and sidewalk back at the front of
the building to allow for more landscaping; the sign design has been
changed to a hoop sign to conform to the United Properties sign
plan, and the sign is proposed to be located 20 feet from the property
line consistent with United Properties' sign plan. Mr. Geisen stated
that the landscaping plan has been upgraded, but United Properties
has asked that something other than pin oak and maple be used
because they are high maintenance. He informed Council that what
is still unresolved with United Properties is the front entrance, and
United Properties has also taken exception to grass seed in the
railroad right-of-way and pipeline easement and has asked that the
areas be sodded. Responding to a question from Mayor
Mertensotto, Mr. Geisen stated that United Properties and the owner
of Manna. Freight have not agreed upon the changes in the design of
the front entrance.
Mayor Mertensotto asked what changes have been made to improve
- : " the building design.
Mr. Geisen responded that on June 4 Council asked for more
architectural detail on the front of the building and that the exterior
ladder be removed. He sta.ted that the city staff has determined that
the building code requires the ladder, but he questioned why a ladder
is required if there is no rooftop equipment. He further stated that he
Page No. 7
June 18, 1996
interprets the staff inemo to mean that there must be a ladder but that
it does not have to be on the outside of the building.
Public Works Director Danielson stated that it is the understanding
of the city's code enforcement officer that the heating system which
is proposed for the building will require valves and pipes on the roof
of the warehouse. He informed Council that if there are valves and
piping on the roof, access by means of a ladder is required by code.
Councilmember Smith stated that the matter is a code issue and
Council cannot make the determ.ination - the code enforcement staff
must make the deternunation on need - but that Council has
indicated that it would not approve a building permit if an exterior
ladder is in the design. She stated that Council is not requiring
anything above what the code requires, but, in terms of design, will
not approve a permit with an exterior ladder.
Mr. Geisen responded that two interior ladders would then be
required, one to each roof, at a cost of an additional $4,000.
Councilmember Smith stated that she would like to hear United
Properties' comments about the entrance and tha.t she would also
like to see the final plan for the entrance if what has been submitted
is not final.
Manna Freight's vice president, present for the discussion,
responded that United Properties' problem is the difference between
the width of the columns and the height of the roof. He explained
that United Properties wants Manna to increase the height of the
roof, and stated that he does not see that modification as a problem
since it would not add significant expense. He informed Council
that the window detail has been revised quite a bit.
Mr. Geisen sta.ted that the entire front of the building is being
redesigned but that design has not been agreed on yet.
It was the consensus of Council that Manna should get endorsement
from United Properties and then come back before Council for
review of the total package, including the landscape plan.
Councilmember Huber moved to accept a request from Manna
Freight to continue the matter for further consideration at such time
as the applicant is ready to proceed.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
Page No. 8
June 18, 1996
PUBLIC COMMENTS Mrs. Laurita. Weinzettel and Ms. Laurie Weinzettel were present
regarding the condition of the former fire station site. Mrs.
Weinzettel stated that the property is full of weeds that do not get cut
and the neighboring property looks like a slum. She showed
pictures of the properties and asked that the fire station site be.
sodded and maintained.
Mayor Mertensotto stated that Mrs. Weinzettel's complaint is
legitimate and that the property should be put on a regular
maintenance program.
Responding to a question from Councilmember Smith about
everything in the rear of the neighboring property, Mrs. Weinzettel
stated that Mr. Kirchner leases the lower level to a landscape
contractor. She stated that the curb has never been fi�ced and the
fence should be repaired because the landscape contractor keeps
knocking it down with lus trucks.
Mayor Mertensotto directed Public Works Director Danielson to
prepare a restoration and mai.ntenance plan for the city's lot.
DAKOTA BANK/ SUPER Council acknowledged a memo from Public Works Director
AMERICA Daruelson regazding proposed development agreements and TIF
developer's agreements for the Dakota. Bank/SuperAmerica projects
and numerous attachment memos. Mr. John Seidl and Mr. Jack
Boarman were present to represent Dakota Bank, and Mr. Mike
Cronin and Mr. Dave Childs were present on behalf of
SuperAmerica. Mr. Scott Williams, from Delta. Environmental,
SuperAmerica's environmental consultant was also present on
behalf of SA
Mayor Mertensotto stated that if the city were not putting any
money into the project, Council would just tell the developers to
meet city codes and whatever the Pollution Control Agency requires
for compliance for site clean-up. He stated that he has two concerns
- remediation of pollution and ownership of the bank. He pointed
out that the city is being asked to contribute one half million dollars
of tax increment financing for site work and building a roadway. He
stated that Council did not opt to have some kind of pumping
facility on the corner of a very prominent intersection for fifteen to
twenty years. He asked what SuperAmerica proposes to do, and
what a pumping facility is proposed to look like if SA is proposing a
pumping facility.
Mayor Mertensotto stated that his concem over bank ownership is
that Council has made only two exceptions to its policy of no
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Page No. 9
June 18, 1996
transfer of ownership in TIF projects - in one case United Properties
was the developer for an owner and the other was for estate
considerations. He stated that in this case if a transfer occurred in
the future, the TIF money would be used to enhance mazket value.
He stated that Council does not want to get into the situation where
the city would be enhancing the mazket value of property by pay as
you go TIF. He stated that while it may be common that there aze
bank transfers and mergers but he does not wish to deviate from the
no transfer policy. '
Mr. Seidl responded that he does not have a problem with the
transfer other than how it is going to be defined. He stated that the
only thing that makes sense to him is the land use, and if the land
use changes it would be a transfer. He stated that a bank acquisition
is much different from a real esta.te transaction, and transfer of
ownership needs to be defined.
Mayor Mertensotto stated that he has no problem defining what the
total development is - it is a bank facility on a certain square footage
of property. He fiuther sta.ted that Council knows that the transfer of
the SuperAmerica site from the bank to Super America will be done,
but that what he is concerned about is transfer of ownership of bank
during the time that the TIF notes are in affect.
Councilmember Smith stated that she would have no problem with a
transfer within the Dakota. Bank organization, but if the bank is sold
to another bank and the facility continues to be used as a bank, it is
still a transfer. She felt that only an internal transfer would be
acceptable.
Mr. Seidl responded that Dakota. Bank could own the land and sell
the facility - and that he feels that land use is the test.
Mayor Mertensotto responded that Council established the no
transfer rule because TIF increases the market value of the property
by public financing. He stated that once a building is constructed on
the land it becomes real estate.
Councilmember Smith stated that if Dakota Bank owns the land and
leases the building to another bank, there would not be a transfer of
real estate.
Mayor Mertensotto stated that the use of the facility is controlled by
the conditional use pemut. He felt that Council has to know what
transfer is contemplated. He stated that generally if there is a
Page No. 10
June 18, 1996
merger, there is a change of ownership, and if the ownership
changes the TIF would be forfeited.
Mr. Seid1 responded that he wants to lmow that if he buys out a
partner he does not lose the TIF. He stated that he can live with the
agreement regazding transfer but wants to be put on record that
internal shifting can occur.
Mayor Mertensotto stated that the rule that is that there be no
transfer of ownership.
Mr. Seidl informed Council that the tenant on the site has agreed to
move on July 15.
Mayor Mertensotto stated that the Tax Increment note has a starting
date and an ending date for the final yeaz of the TIF District.
Treasurer Shaughnessy stated that the district ends in 2006, and that
TIF for the project would begin when the certificate of completion is
issued by the city's code enforcement officer. He stated that the city
would pay the present value at 8% of the future increment only as
the increment is collected, and that the Revenue Note states that the
increment is paid as the taxes are paid on the building. He pointed
out that the note says 9% of market value but should say 8%.
Mr. Cronin stated that SuperAmerica proposes to put the
remediation facility to the rear of the trash enclosure. He explained
that it will be the same brick as the trash enclosure and the same
height and it will be buffered by the building and by the pine trees.
He informed Council that the structure will not be in the front yazd
and will not be seen because the trash enclosure will be in front of it.
Mr. Williams informed Council that the main problem with
remediation of the site is the depth the contaminates have reached.
He stated that the magnitude of the contamination in the worst area
has been determined but not the vertical area.
Mayor Mertensotto stated that Council does not know the depth or
extent of the conta�unation. He asked if remediation can be done
from one pumping sta.tion or if SuperAmerica will say in the future
that the contamination extended further north than anticipated and
another station is needed.
Mr. Williams responded that remediation is Minnesota is determined
by the risk to potential receptors. He drew a sketch to illustrate a
cross section view of the existing store and underground storage site.
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Page No. 11
June 18, 1996
He explained that a release travels straight down through pure sand
and as it hits clay it will change direction but still go down. He
stated that the water table at this site is at about 22 feet. He
explained that when petroleum products reach the water table they
tend to stop, but there is always a gradient where it flows to, and in
this case it is to the south. He stated that the water table fluctuates
with the seasons and contamination spreads. In this site, the
contamination is below the water table, and 95 gallons of petroleum
have been bailed out of the well since November. He informed
Council that contaminates have been found at a depth of 36 feet, and
to dig it out, over a 100 foot section, excavation would have to be
stepped down. He stated that at 15 feet down, the backhoe would be
underground to dig down to the next step, and that tens of thousands
of tons of soil would have to be moved to get to the smear zone. He
stated that excavation would be very close to T.H. 110.
Mayor Mertensotto stated that there is a smear zone at 36 feet and it
may be off the property. He asked Mr. Williazns how the
contaminate will be removed.
Mr. Williams stated that there is no way to excavate without tearing
out part of the highway. He explained that any action taken to
remediate would be weighed against the risk to receptors, which are
buried utilities, basements, any buried structure, surface waters that
the ground water directly goes to. He stated that if it is unlikely that
the receptors will be impacted, it is less like that the PCA will
require remediation, and there is the possibility that it could be
allowed to remain and be monitored. He stated tha.t SuperAmerica
will not install a pumping station if na.tural attenuation will take care
of the problem. He stated that it may be required that there be a
monitoring well between the site and the pond behind City Hall, in
which a device would be lowered to sample the water.
Councilmember Smith stated that the Dakota Bank is requesting
approval for residential lots. She asked if there would be a risk to
those lots if there is a southward migration.
Mr. Williams responded that the southern extent of the
contamination has been defined.
Councilmember Huber asked when Mr. Williams will be in a
position to make a recommendation.
Mr. Cronin responded that the reconunendation will come when
closing occurs on the property. He informed Council that Delta
Environmental will design and deter�une the clean-up program.
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Page No. 12
June 18, 1996
Mr. Williams informed Council that he will need to see the letter
from the PCA which stated why the PCA did not accept the
remediation plan of the prior owner. He stated that Super America
will contract with Delta to develop a remediation plan and SA will
submit the plan to the PCA.
Acting City Attorney Michael Duffy stated that the city would
accept that SA would be getting a site closure letter or no further
action letter from the PCA. He stated that if there is a petroleum
contamination, the safer action would be to get a site closure letter,
but the agreement only speaks to remedial action design. He
explained that the plan would have to be approved by the PCA, and
the PCA would review the results and if it is determined that the site
is clear would issue a closure letter. He pointed out that the
developer's agreement does not state that the city will be given that
information.
Mayor Mertensotto responded that a provision should be added to
the developer's agreement to require the city be given a copy of the
site closure letter from the PCA.
Responding to a question from Mayor Mertensotto on why the
SuperAmerica plan shows a remediation structure, Mr. Cronin sta.ted
that the plan needs to show where the facility would be and what it
would like in the event that it is required.
Mr. Williams informed Council that if a pumping and treahnent
system is needed, there would be a dischazge that would be
governed by an NPES permit and MCWS permit, and both require
minimum clean up standards that must be met on a monthly basis.
Mayor Mertensotto stated that he would like a provision added to
the agreement to stipulate that SuperAmerica provide the city with
any information it provides to the regulatory agencies.
Councilmember Smith stated that she realizes that it is the MPCA
that governs what the remedial action is and the city's involvement
might be limited to the enclosure and perhaps the placement of the
monitoring wells. She stated that Council would appreciate being
kept informed on progress but the clean up action plan and the actual
clean up on the site are out of Council's jurisdiction.
Mr. Cronin responded that the developer's agreement repeats all of
the conditions of the conditional use permit and references all of the
current plans, including those shown tonight.
Page No. 13
June 18, 1996
Mayor Mertensotto pointed out that the design of the sign is still
open.
Mr. Boarman stated that the final survey for the final plat has been
circulated to all parties and he would like a clarification. He stated
that the bank is requesting that the highway right of way pazcel be
turned over the bank and included in the final plat.
Public Works Director Danielson responded that it is actually a
piece of right of way that was platted by Mr. Curley, and is city right
of way - Mn/DOT has never owned it.
Mayor Mertensotto stated that the right of way should be left out, as
the city is looldng at extending the new roadway past the bicycle
show and to the homes to the east. He asked how soon the bank
proposes to get underway.
Mr. Seidl responded that his goal is to develop a grading plan for the
entire site, and hopefully the city will construct the road this year.
He stated that he may ask for a foundation this fall but at the latest
will begin construction next spring and occupy the facility in the
fa11.
It was the consensus to place a revised site plan and development
agreement and revised conlxact for private development for TIF
eazly on the July 2 agenda.. Direction was given to revise the
paragraph on permitted transfers, to add a provision on pollution and
monitoring information, to correct exhibit "c" to "e" on page four;
revision to the definition of developer; and to attach all exhibits.
RECESS Mayor Mertensotto called a recess at 10:15 p.m. The meeting was
reconvened at 10:22 p.m.
MSP MITIGATION Council acknowledged a memo from Administrator Batchelder
regarding MSP Mitigation Committee discussions along with the
proposed "Airport Noise Mitigation Position Statement."
After brief discussion, Councilmember Huber moved to accept the
recommendation of the Airport Relations Commission and approve
the Air Noise Mitigation Statement along with direction to staff to
forward the document to the members of the MSP Mitigation
Committee.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
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Page No. 14
June 18, 1996
Council directed that copies of the statement be made available at
City Hall for anyone who would like one and to submit copies of the
document to the press.
STREET REHABILITATION Council acknowledged a memo from Civil Engineer Mogan
regarding preparation of a feasibility report for 1997 street
reconstruction. Engineer Mogan recommended that the Bunker
Hills area be selected as the next azea to be considered for
reconstruction.
Councilmember Koch moved adoption of Resolution No. 96-40,
"RESOLUTION ORDERING PREPARATION OF FEASIBILITY
REPORT FOR STREET RECONSTRUCTION IN THE AEA
REFERRED TO AS BUNKER HILLS INCLUDING
PROPERTIES IN RIDGEWOOD PARK, SOMERSET HILLS,
SOMERSET HILLS #2, AND VALLEY CURVE ESTATES."
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0 Sta.ff was directed to send hearing notices well in advance if the
feasibility hearing is proposed to be held during the summer months.
BALLFIELDS Mayor Mertensotto stated that the ballfield lights task force was
initiated as the result of a request from the Mendakota. neighborhood
to be brought into the discussion over lights. He informed Council
that the matter will be on the July 2 Council agenda.
Administrator Batchelder informed Council that the subcommittee
of the Parks and Recreation Commission decided that it did not want
to have another task force meeting but rather that the findings be
sent to the members of the task force.
Mayor Mertensotto stated that it seems that he focus has come to the
highway right-of-way north of T.H. 110, and his concem is that he
feels that an athletic facility would be a misuse of that land.
Councilmember Smith agreed, stating that ballfields are not the
highest or best use for the property but she would be willing to look
at ballfields as an interim use without bringing them into the park
system. She sta.ted that she would like to make inquiry of Mn/DOT
about city use of the property. She pointed out that Council has also
talked about using the right-of-way for frontage road realigmment.
She felt that Council should start exploring potential use of the
property.
Mayor Mertensotto stated that he has reviewed a letter from
Resurrection and does not think the cemetery property is a viable
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Page No. 15
June 18, 1996
option for fields. He stated that the city has very limited options for
fields and that the only land that is available in the city would be the
Tousignant property on Mendota Heights Road. He stated that if
there is a problem with under usage of the e�cisting fields Council
needs to get a better handle on utilization. He sta.ted that someone
other than the athletic association must substantiate that the MHAA
has a shortage of field scheduling.
Councilmember Huber agreed. He also asked Administrator
Batchelder to generate a list of ball fields in the metro area that have
lights.
Mayor Mertensotto stated that the city needs to get specific
information from an independent source on whether the fields are
underutilized or not. He pointed out that when the new middle
school opens there may be some additional fields available.
Councilmember Huber suggested that the school district be
contacted to get there expectations on what the availability of the
fields will be.
COLTNCIL COMMENTS Councilmember Koch stated tha.t she agrees with Councilmember
Smith's earlier comments that she would not like Council to adopt a
requirement that fences be four feet from the scenic easement azea in
Copperfield. She stated that the azea up to the easement is private
properly, and she asked for clarification that Council did not, in the
Stovern discussion, agree to four feet as a standard. She stated that
she would not agree to establishing that standard. �
Mayor Mertensotto stated that he had said in the discussion that
there should be at least a minimum of four feet because that would
permit passage.
Councilmember Koch responded that she would not feel
comfortable telling people that Council wants a minimum of four
feet of clearance so that other people could pass across their private
property.
Councilmember Smith agreed, stating that she could not support
four feet as a requirement.
COUNCIL COMMENTS Councilmember Koch stated that she has received a call from a
resident who stated that there have been many near collisions when
people try to pull out on Dodd at First Avenue because of a large
hedge that blocks visibility. She asked that staff look into the matter.
Page No. 16
June 18, 1996
Councilmember Smith asked when the final lift of bihuninous will
be installed on the Friendly Hills streets. Public Works Director
Danielson responded that the general contractor is waiting for the
landscape contractor to complete his work.
Mayor Mertensotto stated that a child was recently hit by a vehicle
directly across from the ballfields on Marie. He sta.ted that many
children live in the area, and since the city put a blacktop ramp to
lead up to the curb, a pedestrian crossing should be painted on the
street and there should be no pazking within 100 feet of the crossing.
Mayor Mertensotto informed staff on potholes on Lake Drive neaz
St. Thomas.
Councilmember Huber gave Council an cable communications
commission update.
ADJOURN There being no further business to come before the Council,
Councilmember Huber moved that the meeting be adjourned.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 11:03 o'clock p.m.
Kathleen M. Swanson, City Clerk
Charles E. Mertensotto
Mayor
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LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
Juae 18,1996
As�h�lt Contractor License
Arden Griepp & Sons Black�opping Inc.
CementjMasonrv Coatraetor License -
A & B Cement Construction
Hicks Concrete Inc.
Dan Wille Construction
A1 Sandeen Ccancrete & Masonry
Rxcavatiag,Contraetor Licease
Don �nlayne Bxcava.ting
Gas P j,ping, Coatrseta,�
Gord Ai.r Hea�ing & A/C
SVAC Coa�ractor
Gord Air Heating & A/C
�„�.�neral Ca�,traetor Lieense
Rlodt Inc.
M.F. Fleischhacker, Inc.
D�y,��,,l,Z,jStucco Con�ractor Licease
Chris Brown Drywall
: - �;
DRAFT
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AIRPORT RELATIONS COMIVIISSION
J[JNE 12, 1996
The regular meeting of the Mendota Heights Airport Relations Commission was held on
Wednesday, June 12, 1996, in the City Hall Large Conference Room, 1101 Victoria Curve.
The meeting was called to order at 7:10 o'clock P.M. The following members were present:
Beaty, Leuman, Stein and Surrisi. The following members were excused: Gross, Fitzer and
Olsen. Also present were City Administrator Kevin Batchelder and Recording Secretary Cazla
wirtn.
Beaty and the Commissioners congratulated Batchelder on his recent appointment as City
Administrator.
Batchelder introduced Carla Wirth, the Recording Secretary for the next three months.
Beaty commented that the Friday News should include the Airport Relations Commission's
agenda.to alert Councilmembers their items of discussion.
APPROVAL OF NIINUTES
Commissioner Leuman moved approval of the May 8, 1996 minutes.
Commissioner Stein seconded the motion.
AYFS: 4
NAYS: 0
ACKNOWLEDGE RECEIPT OF
VARIOUS REPORTS/CORRESPONDENCE
Sa. The Commission acl�owledged receipt of the MASAC May 23, 1996, and April 23,
1996, Minutes.
Sb. The Commission acknowledged receipt of the MASAC Technical Advisor's Report for
Apri11996 (Incomplete). Beaty explained the report is incomplete due to an equipment
failure.
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Sc. The Commission acknowledged receipt of the May 21, 1996, minutes of the Northern
Dakota County Airport Relations Coalition. Beaty noted a major topic of discussion
was backsliding and NWA's fleet mix of Stage II and Stage III aircraft. Beaty stated
the percentage of Stage III use has declined since 5eptember of 1985. Batchelder stated
that prior to the next meeting of the Coalition, each city is to bring its list of mitigation
efforts so discussion can take place on what to support as a group. Dakota County will
then be approached to determine their support level. On 7une 26, 1996, Eagan, Inver
Grove Heights, St. Paul and Minneapolis will be making its presentation to the MSP
Mitigation Committee. Mendota Heights already made its presentation but reserved the
right to make an addition, if desired.
Stein indicated aa interest in flying the two deparlure profiles via the NWA test
simulator at NATCO. The Commission indicated an interest in participating and
requested Batchelder to schedule this event. Surrisi advised of Sun Country simulator
test hours.
Sd. The Commission acknowledged receipt of the Part 150 Buyout Update - Issues 28 and
29.
Se. The Commission acknowledged receipt of the MASAC Operations Minutes and Agenda.
for Ma.y 24, 1996. Batchelder explai.ned that Mendota Heights has submitted updated
household and population counts for MAC's consultant to work into the caiculation;
however, several meetings were canceled and City staff was not notified of the outcome
until just prior to the May meeting. At the meeting, Northwest Airlines and Bob
Johnson of MASAC presented new population counts and noise profiles. He reviewed
this data and noted Mendota Heights' statistics for distant departures show a population
count of 1,580 in the DNL60 contour and 1,180 in the DNL65; however, the close-in
departure statistics show population counts of 1,840 in the DNL60 and 900 in the
DNI.65 contours.
Beaty stated these statistics are impossible. Batchelder concurred and stated staff has
submitted current household and population counts to the MAC. Discussion ensued
regarding the distance procedure and DNL contours for the close-in deparlure
procedure versus the distance procedure. Batchelder raised the concern, at the MASAC
meeting, regarding the validity of the data used in their decision.
Batchelder explained Mendota Heights had indicated in the past they would like to try
the close-in departure procedure to see if it will reduce noise. He stated Mendota
Heights should consider an operational change if the close in depariure procedure will
reduce noise levels over Mendota Heights. ��
Beaty noted the indication that the benefit will be over Minneapolis but the MASAC
intends to rua the same take off procedures over Mendota. Heights. :
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Batchelder pointed aut that with DNL60, the distance departure procedure is hetter for
Mendota. Heights but with DNL65, it is worse. �ie stated he believes the popula.tion
counts used in tt�e DNI.65 calcalations are corre�ct, but the counts used in the DNL60
calculations are not, especially for the close in depariures. Batchelder noted the
MASAC Clperations Committee recommendation for the "Distant Community
Depa�ture Pro%le" utilization on runways l.lI./R and rtTnways 4/22 and the "Close-in
Community Departure Profile° uta.lization on n�nways 29L/R passed on a split 5-2 vote.
Batchelder informed the caxnmission that because Jill Srmith raised concern about the
catculatians and commented vn the ANOMS system (which generates the naise
contours) at the MASAC meeting, they tabled it to their 7une meeting. Smith has
sugg�sted the 14zASAC base their decision on accurate information and should use
ANOMS data. Batchelder notecl the locatian of the additional population counts as
shown by MAC for the close in departures wauld be in the Doc�ge Nature Center.
Tlie Commission questioned the need far a hasty decision an such an impartant issue
and indicated snpport to test this method to see if it will help. They concurred with
Smith's belief it waald be better to use ANOMS data rather than a househald count.
Batchelder painted out a discrepancy in the 1�IASAC meeting minutes (middle of page
3) which indicates "the number of dwellings do coincide with the popula.tion count"
when, in fact, they da not coincide, which was painted out at the meeting.
The Commission requested that this information be presented to Councilmember 7ill
Smith who can discuss the household and populatian data discrepancies at the next
MASAC meeting. She will also urge them to use ANQMS data instead.
Consensus was reached to request Batchelder to supply Councilmember Smith with this
information and submit a press release regarding the City's concern with this hasty
MASAC decision and with the data used in its cansideration.
GF.NF_R� DISCUSSION
Ken and Mary Weisenbuger, residents of Friendly Hills, asked if airport noise will
increase in their neighbarhaod aad whether their neighborhood is eligible for
soundproafing. Batchelder advised that the current Part 15p Sound Insulatioa Prog7am
is based on DN�.65 which does not extend to the Friendiy �[ills ama.
Ken Weisenburger commented an the naise of aircraft which results in Ioss of theirr
ability to enjoy the autdoors, especially during the sum7mer months. Beaty reviewed
the Cammissian's history and attempts to resolve these concerns as well as procedural
changes. -
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Batchelder advised that the Mayor presented the City's position that the Part 150 Sound
Insulation Program should be extended to the DNL65 area at the June 3, 1996 MSP
Mitigation Committee meeting.
ACKNOWLEDGMENTS COrTTINUED
5£ The Commission acknowledged the City of Ea.gan - ARC Agendas for May 14, May
23, and June 11, 1996. •
Sg. The Commission acknowledged receipt of the SMAAC Newsletter for May, 1996.
Beaty requested his name be placed on the mailing list for this Newsletter. Batchelder
explained issuance is irregular but staff will provide copies of the SMAAC Newsletter
whenever it is published.
Sh. The Commission acknowledged receipt of the StaiTribune Article of 7une 4, 1996, on
MSP Mitigation Committee.
Si. The Commission acknowledged receipt of the Zoning News Article, "The Trouble with
Airports. " Batchelder pmvided a brief synopsis of the articles contained within. Stein
requested a copy of the `Airport Noise Report"by Anne H. Kohut.
Weisenburger expressed concern regarding stability of pmperty values due to this
increasing levels of airport noise.
Weisenburger expressed lris interest in this issue and volunteered to help get
information out to residents. Surrisi suggested an informational handout be considered
to better inform residents. She also suggested consideration of signage in various
neighborhoods and possibly to support a"walk" at the airport which will result in
media coverage.
Beaty commented on the hesitancy to "raise red flags" due to concern with a drop in
overall housing valuations which is what happened in south Minneapolis.
Batchelder suggested the meeting agenda be rearranged so consideration is first given to
Unfinished and New Business to assure these action items receive proper time.
Consensus was reached to try this new format at the next meeti.ng with the various
reports and correspondence being considered as "Update Items".
DISCUSS MIIVDOTA HEIGHTS AIRPORT PLAN OF ACTION
Batchelder requested input from Commissioners regarding any change they would like
made to this dr�tft including prioritization of Topics of Interest, if desired. _
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Beaty suggested Mendota Heights representation on MAC and MASAC be added since
it in the Plan of Action. Consensus reached.
Stein requested that prevention of the north parallel third runway be placed back on the
Topics of Interest as item 16. Consensus reached.
Discussion was held with each Commissioner indicating their priority topics with the
following consensus reached: �
1. Non-Simultaneous Deparlure Procedures.
2. Global Positioning Satellite Technology (Implemented 1995-96).
4. Nighttime Restrictions on Aircrdit Operations.
9-10. Noise Measurement Issues - Usefulness of Lda 65 Contour and Equity of
Current Runway Use System; and Expansion of MAC Aircraft Noise
Operations Monitoring System (ANOMS).
13. Equity of Current Runway Use System.
The following topics will be added to the list:
15. MAC and MSAC Representation.
16. Prevention of Third Parallel Runway.
17. Noise Abatement Depariure Profiles.
Batchelder used a map to review the tower headings for the two runways during non-
simultaneous departures and change of degrees due to a shift in magnetic headings
which results in more airplane activity over Mendota Heights' residential areas versus
industrial areas. Mendota Fieights would li.ke to continue to pursue a centerline
heading which will keep the flight pattern over industrial areas.
Beaty noted this was discussed at the last meeting but the Commission determined not
to worry about the magnetic shift, at this time, and to focus on the crossing pattern.
Consensus was reached to direct staff to draft a letter to the FAA-Great Lakes Region
outlining the history of the enforcement issue since 1992 with copies to local staff,
Representative Bruce Vento, Senator Paul Wellstone, and Senator Rod Grams to update
them of these issues and for consideration by the Mayor and Council. Consensus was
also reached to add this action to the Plan of Action. _
5
The Commission then reviewed and discussed each of the issues, goals, and action
steps in the Air Noise Plan of Action, nanowing the corridor, and need to enforce
operational procedures. They suggested City staff scan radio tower communications to
monitor transmissions to assure they comply with operational procedures.
Consensus was reached to modify the Air Noise Plan of Action, Page 7, �#5, December
through February, to invite Senators and Representatives to meetings to hear concerns -
add date. ' .
Surrisi questioned the option of declaring the wetland as a protected area within the
proposed path of the third ruaway area. The Commission requested Batchelder
research consultants who have expertise in this area.
Beaty requested that Batchelder assign dates to the action steps. With regard to
backslidi.ng, Batchelder suggested a joint discussion between communities where the
facts can be laid out and then addressed at an upcomi.ng MASAC meeting.
The Commission directed Batchelder to fmalize the Mendota Heights Airport Plan of
Action for consideration at the July 16, 1996, meeting.
DISCUSS NOI5E NIITIGATION COMIVIITTEE AND
REVIEW NOISE MITIGATION PLAN
The Commission complimented Mayor Mertensotto on the Airport Noise Mitigation
Position Statement and letter he prepared. Batchelder noted they did reserve the right
to present additional information to the MSP Mitigation Committee.
Beaty inquired regarding the need to establish a corridor boundary so it can be
determined if Mendota Aeights supports a nanowing of the corridor. Sumsi raised the
option of flying the River in and out.
Beaty extended the Commission's appreciation to the Mayor for his active role in this
important issue.
Chairman Beaty moved to support the City of Mendota Heights Airport Noise
Mitigation Position 5tatement and encourage the Council to pursue it. Commissioner
Leuman seconded the motion.
AYES: 4
NAYS: 0
The Commission reviewed the MSP Runway Configuration Use and noted it indicates
Mendota Heights receives 44 °lo of the takeoff activity. Beaty requested Batchelder
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determine how the 2005 DNL cantour informatian was derived and how it will be
achieved.
The benefit af mare modern equipment was noted as well as spreatling out air t�:aff "tc
once the new nunway is campleted. The Cammission requested Batchelder fmd out the
heading for 11 L during canstruction of Runway 11 R.
DISCUSS NOISE ABATE�NIEN'r DEPARTURE PROFILES
Batchelder stated he will inf'orm Jill Smith regarding this issue, as discussed.
DISCUSS BACKSLIDING AND NWA FZEET CON '�'i�LSION PLAN
Batcheldar reviewed the history of NWA's Noise Agreements at MSP and sta.ted he
will infozm 7ill Smith anc� the Narthern Dakota County Auport Rela.tions Coalitiqn
about this topic. �
Suntisi commented it would be interesting to review the Noise Agreements which NWA
gresents to other communities. The Cammission next reviewed the NWA Stage III
Compliance Playa.
The Commission requested Batchelder draft a letter under the Mayor's signature ta the
NDCARC far review at the next meeting and encaurage all Dakota County
communities to send a similar letter at the same time.
REV�W NON SIM[7LTATIE4US DEPART`I7A3L PR4CIDL�Iti+S
Th� Commission reviewed the non simultaneaus depariure p��ciures.
� � • � � � i � � � :i : :i :r � �
The Commission reviewed the Community Air Noise Update in the Mendota Heights
Highlites. '
.� Y:1 �: �►� 1►� M►Y Y��K��'��:i��.�!
Stein eommented on the DC-9's which are equipped with a hush kit and stated there is
a defuute difference (reduction) in the noise generated. .
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Stein inquired when a fieldtrip tour of the City will be scheduled. The Commission
requested Batchelder schedule an evening tour and Stein ask whether a school bus can
be used.
Surrisi advised she will not be able to attend the next meeting and will check with her
office to see if they receive copies of the Airport Noise Report . If so, she will provide
the City with a copy.
Stein stated he may not be present at the 7uly meeting.
AnJou�lv�r
There being no further comments, the Airport Relations Commission moved to adjourn
its meeting at 9:50 p.m.
Respectfully s�abmitted,
Carla M. Wirth
Recording Secretary
TimeSaver OfF Site Secretarial
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
JUNE 25, 1996
The regular meeting of the Mendota He,ights Planning Commission was held on Tuesday,
June 25, 1996, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was
called to order at 7:33 o'clock p.m. The following members were present: Dwyer, Koll,
Friel, Lorberbaum, Duggan and Tilsen. The following members were excused: Betlej.
Also present were Public Works Director Jim Danielson, Planning Consultants Meg
McMonigal and Theresa Greenfield, Administrative Intern Patrick Hollister, and Recording
Secretary Carla Wirth.
INTRODUCTION OF NEW PLANNERS
MEG MCMONIGAL AND THERESA GREENFIELD
Chair Dwyer introduced City Planners Meg McMonigal and Theresa Greenfield,
reviewed their qualifications, and welcomed them to Mendota Heights.
Chair Dwyer congratulated Commissioners Betlej and Lorberbaum for their work in
this endeavor to hire a different consulting planner.
APPROVAL OF MINUTES
Commissioner Duggan moved approval of the May 28, 1996 minutes with
corrections.
Commissioner Lorberbaum seconded the motion.
AYES: 4
NAYS: 0
ABSTAIN: 2(Chair Dwyer and Commissioner Friel)
MOTION CARRIED.
Chair Dwyer explained that since Commissioner Friel works for a legal firm that
does some work for NSP he has a conflict of interest and, thus, will not be
participating in the discussion or decision of Case No. 96-18. Therefore, the
Planning Commission will first consider Agenda Item 7, Verbal Review, following
which Commissioner Friel will be excused from the meeting.
VERBAL REVIEW:
Public Works Director Danielson gave a brief review of recent Planning cases
discussed by the City Council.
Commissioner Friel was excused from the meeting at 7:42 p.m.
CASE NO. 96-18:
NORTHERN STATES POWER -
CUP FOR ESSENTIAL SERVICES,
CUP FOR MINING
Sheldon Silberman, NSP Engineer, was present along with NSP representatives
Joe Mansur and Dave Callahan, to discuss NSP's request for a Conditional Use
Permit for Essential Services and a Conditional Use Permit for Mining which would
allow alterations to the existing utility substation off Dodd Road near the Mendakota
Estates subdivision (2201 Dodd Road).
Chair Dwyer reviewed the NSP request to upgrade the substation.
Dave Callahan, NSP Senior Right-of-Way Agent, reviewed the specific details
regarding the two types of voltage currently being used and their plan to upgrade
to 115,000 volts, remove the 69kV transformer bank, and to add capacitor banks
for stabilization. Mr. Callahan noted the perimeter of the substation is very close
to property lines and explained their proposal to regrade and install a sheet piling
retaining wall which will level the bottom of the substation. He advised they are
trying to work from inside the substation but there may be some temporary work
space needed on the park property. Also in an attempt to provide additional
screening and due to the limited NSP property to the north, they propose some
landscaping/screening on park property.
Chair Dwyer questioned the status of the updated landscape plan. Mr. Callahan
reviewed their meeting before the Parks and Recreation Commission and their
recommendation to walk the site with Park Commissioner Stan Linnell to determine
how to improve the landscape plan. NSP also held a landowner meeting at which
two residents attended; one offered no input and just wanted more information and
the other live.s south of the substation and wants more landscaping done. Mr.
Callahan noted NSP is not doing any work on the south side of the substation and
it is currently screened with a 12 foot wall.
Mr. Callahan explained that based on input from staff, Mr. Linnell, and residents,
NSP reworked the landscape plan and made revisions to enclose gaps and give the
substation uniform screening around the perimeter. He explained that the revised
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landscape plan was just finished yesterday so he has no hard copies but could
display an overhead for the Planning Commission's review.
Commissioner Duggan questioned the ability to reduce the number of 75 foot poles
from three to two. Mr. Callahan explained they propose three poles because they
do not want to run the power lines over the substation due to safety and liability
issues. He stated they consider�d a different type of pole structure to lower the
profile to a horizontal profile which would reduce the height by 20 feet but is
considered more "busy" in appearance because it has jumpers. Also, it is wider and
requires additional tree clearing. After review of the two alternatives, the Parks and
Recreation Commission believes the v.ertical poles are superior. In response to
Chair Dwyer,. Mr. Callahan advised that either type of pole will serve the needs of
NSP.
Commissioner Lorberbaum asked if NSP has considered the request for thinner
poles. Mr. Callahan explained the poles have great tension from the lines so to
eliminate the need for guide wires they could install steel pole which are bolted to
a foundation. However, the tradeoff is the steel poles need to be engineered with
some girth so they are dimensionally thicker at the base and taper as the height
increases.
Mr. Callahan displayed an overhead of the site plan and presented details
regarding the proposed landscaping. He noted the .additional landscaping
proposed along the soccer field, the northeast and western edges, the their plan to
remove approximately 760 cubic yards of fill from the northeast edge and relocate
it to the northwest edge. Due to concern that Black Hills spruce trees would tower
over the electrical lines, they suggest a row of arborvitaes be planted along the
soccer field which will provide year-round screening. On western edge, they
propose to extend the exisfing retaining wall and also plant trees to block the view
of the substation. Mr. Callahan reiterated that this proposal is based on feedback
received from the residents, staff, and Commission members.
Mr. Callahan then displayed pictures of the types of poles, the first using cross arms
in finro locations making it wider and lower but with jumpers which added to a look
of clutter. He advised Mr. Linnell indicated a preference for the original proposal
for a taller pole without cross arms: �
Chair Dwyer asked who will maintain the trees. Mr. Callahan stated NSP will plant
the trees and guarantee them for one year but after that, they will be maintained by
the City since they are located on City park property.
Commissioner Duggan inquired cegarding drainage on the north side of the
substation. Mr. Callahan reviewed the drainage alignment and location of the storm
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sewer system. He advised the proposed plans have been reviewed to assure there
will be no flooding concern.
Commissioner Duggan asked if trees will be planted on the western sicle of the
extended retaining wall or on the inside of the substation. Mr. Callahan explained
the trees will be planted between the pedestrian path and substation on NSP
property so NSP will maintain those trees.
The Planning Commission reviewed a landscape plan dated June 24, 1996.
Chair Dwyer read the questions raised by Mayor Mertensotto to lower the profile
and inquired whether the existing structure itself can be modified to also lower that
profile. Mr. Callahan explained it is an older-style substation in appearance but not
in function. He noted it has the character of a two-story house but the newer style
substation has the character of a rambler which is lower in profile but has a larger
footprint. Mr. Callahan estimated it would cost more than $1 million to change the
existing profile and it would also require a larger footprint.
Chair Dwyer noted the Mayor's request that NSP notify the City any time they intend
to modify the level of service provided by the substation. Mr. Callahan provided an
explanation of the voltage and EMF levels, and resulting daily and seasonal
fluctuation based on usage. He stated he has no objection to providing the City
with this data. Chair Dwyer clarified the City is not as interested in daily or
seasonal fluctuations as if the system is being upgraded to serve a newly
developed area.
Commissioner Tilsen commented on the noise level which should be reduced after
modification due to removal of the 115/69kV transformer bank and erecting buffer
walls. He inquired whether the noise will "bounce" off the buffer walls and create
some amplification. Commissioner Tilsen asked if NSP is able to provide
assurances this will not happen and inquired how a system of monitoring noise can
be put into place to assure the level of noise is not greater than the current level.
Mr. Callahan stated the City has adopted the MPCA guidelines for noise standards.
He advised that NSP has conducted a sound level survey, displayed an overheard
chart, and explained how the sound levels were monitored with the assistance of
the MPCA. Mr. Callahan clarified this data includes monitoring of all noise
(including noise from traffic, aircraft, etc.). He noted that at this time, the substation
is within MPCA guidelines and once landscaping and buffering is completed, NSP
anticipates it will remain within those guidelines.
�
Commissioner Koll asked where the monitor was located during testing. Mr.
Callahan informed monitoring was conduced at 12 sites including each residential
property.
Commissioner Duggan asked why monitoring on the east does not apply. Mr.
Callahan explained the park is located on the east side and currently there are no
noise standards for park property. If was noted that daytime testing was conducted
on June 4th and 5th, and the night time testing.was conducted on June 13th and
19th (all weekdays). Mr. Callahan stated NSP believes the noise levels will be
reduced after the transformer bank is removed and the retaining wall extended.
Commissioner Tilsen questioned the night time noise level on the west side when
no other noise is present except the substation. Mr. Callahan advised the average
reading for a one hour period was 50db.
Commissioner Tilsen asked if the low point on the graph identifies the noise level
emitting from the substation alone. Mr. Callahan stated the low point is probably
close to it but wind noise could be a factor as well.
Commissioner Lorberbaum requested clarification of notations on the map
indicating a star, closed circle, and open circle. Mr. Callahan provided an
explanation and noted the location of the readings.
Commissioner Tilsen stated he is trying to determine the noise level emitting from
the substation. He encouraged NSP to try to determine the direction of the wind
during the test periods so they are able to demonstrate the noise level has not
increased following modification. Commissioner Tilsen asked if NSP will guarantee
those low levels (actual sound level the substation is emitting) will not increase at
any of the same test locations following modification.
Mr. Callahan noted these readings were certified by the MPCA but there is no way
to determine the exact level emitting from the substation or to provide a guarantee
regarding the noise level. Mr. Callahan stated NSP will abide by the MPCA
standards.
Sheldon Silberman, NSP Engineer, explained that as part of the sound
measurements they also conducted frequency measurements and determined the
substation frequency is usually 120 megahertz. He advised 40.5db is the primary
sound put out by the transfer station and asserted this sound level will drop since
one of the transformer will be removed. Mr. Silberman assured the �Planning
Commission the sound level will not increase and any "bouncing" will be negligible
since it is such a low frequency sound.
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Commissioner Duggan asked if the metal retaining wall will "bounce" sounds. He
also questioned if extending the wooden wall will result in absorbing noise and,
therefiore, not increase the noise IeveL Mr. Silberman expEained how sound
diminishes over distance and asserted any "bounced" sound wil) be not
perceivable.
Chair Dwyer suggested fhat a condition be considered to require periodic sound
leve! surveys and inquired regarding what.a meaningfu! test interval would be. Mr.
Silberman suggested noi monitoring until the project is completed, in mid-'i 997.
Commissioner Duggan concurred wiih requesting readings once the project is
completed and questioned options should #he sound level be higher. Mr. Silberman
explained there are a number of options such as a noise barrier around the
transformer {which is quite cos#!y), mare extensive berming, ar landscaping. Mr.
Silberman sfated these wouid be apfior�s to consider if the noise level is found to
exceed 4rdinance and MPCA standards.
Cammissioner Koll reques#ed an explanation of "sheet piling". Mr. Ga!lahan
explained they are vertical sections af steel piling whici� are driven into the ground
and interlocked.
Gammissianer Koli ques#ianed whether the Planning Commission shouid consider
restricted hours during canstruction. Mr. Callahan stated they spoke with staff who
provided recammendatians and NSP will tailor their work schedule to abide by
those haurs. Mr. Silberman advised they estimate a total of three weeks to
compieie the excavatian and hauling for this project but anticipate the work may
expand that limit.
Stan Linnell, Parks and Recreation Commissioner, stated he reviewed the
landscape plan and be[ieves it is a significant impravement to ihe original plan but
only minimally what he would like to see. He stated his primary concern is to
require that any trees which are damage or remaved during canstructior� be
replaced. Mr. Linnell asked if the nt�ise wall will be extended to the location of the
existing trees. Mr. Callahan explained the 60 fooi wall screens out #he residential
area and is very expensive to build. He noted comments were received indicating
a pre€erence for trees as oppased #o a longer wa11 so NSP propases to piant
additional trees to provide screening, With regard to damage af existing trees, Mr.
Callahan noted the area where soil will be remaved and advised that same af the
smaller trees will be transplanted but if damaged, they will be replaced.
Commissioner Duggan asked if the propased arborvitaes on the east side shauld
be maved to fhe nor#h to enclose a gap in iandscaping. Mr. Callahan expiained ihat
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because of the hill and sumac, the substation is not visible from the path on the
northeast corner.
Commissioner Duggan inquired regarding the fence which is to be located on top
of the steel piling. Mr. Callahan explained the chain link fence will remain.
Mr. Linnell stated he would not .support any reduction in the proposed plantings and
raised the question of short-term buffering of the sound wall from the residence to
the west.
Frank Friedmann, 906 Mendakota Court, stated he lives to the west of the
substation and believes the work by NSP has been very satisfactory. He stated
NSP has attempted to look at the issues and address their concerns through the
development of the proposed plan. Mr. Friedman extended his appreciation to NSP
and stated he is satisfied with the plan as proposed by NSP and so are his
neighbors, the Blacks.
Commissioner Duggan moved to close the public hearing.
Commissioner Lorberbaum seconded the motion.
AYES: 5 '
NAYS: 0
MOTION CARRIED.
Commissioner Lorberbaum moved to recommend that the City Council grant
a Conditional Use Permit for essential services per section 7.3(2), a
Conditional� Use Permit for mining for the removal of 760 cubic yards of
material, and a Variance for a six faot high fence with barbed wire conditioned
upon the following: �
1. Submission of the landscape plan (dated June 24, 1996) for each
Councilmember which shows �extension of the west wall 60 feet,
planting trees between the path and substation, planting of arborvitaes
on the east side, planting trees on the north side.
2. Compliance with said landscape plan (dated June 24, 1996). �
3. Replacing any sod, landscaping, trees, or shrubs which are damaged
during construction.
4. Submittal of a hard copy of the slide identifying existing sound levels
prior to the July 2, 1996, Council meeting.
5. Monitoring noise levels 30 days after completion of this project and
presenting said monitoring results within 30 days of taking them.
7
6. Presentation of options to remedy noise levels if it is determined they
are higher after the project than currently exists today.
7. Entering into a working agreement with the City of Mendota Heights as
to landscape maintenance of the park property.
Commissioner Duggan seconded the motion.
AYES: 5
NAYS: 0
MOTION CARRIED.
Chair Dwyer thanked NSP for their cooperation in working with staff and residents
to address their concerns.
Commissioner Duggan thanked Mr. Friedmann for attending the meeting tonight to
extend his comments that he is satisfied with the revised plan.
Commissioner Tilsen extended his appreciation to Parks and Recreation
Commissioner Stan Linnell for his additional effort to address resident's concerns.
ADJOURNMENT
There being no further business, the Planning Commission moved to adjourn its
meeting at 8:55 p.m.
Respectfully submitted,
Carla Wirth
Recording Secretary
TimeSaver Off Site Secretarial
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T0:
fROM:
SUBJECT:
MEMO
Date: 6-27-96
Mayor, City Cauncil, and City Administrator
Paul R. Berg, Code Enforcement Officer (/ -(Q. �.
Building Activity Report for June 1996
CURRENT MONTH
BUILDING
PERMITS: No. Valuatian fee Collected
SFD 2 389,807.00 3,213.38
APT 0 0 0
TOVINNOUSE 2 248,352.00 2,399.11
CONDO 0 0 0
MISC. 32 256,554.00 4,464.24 li
C/I 6 3,455,850.00 19,728.62 �
-------------------------------------------�
Sub Total 42 54,350,563.00 529,205.35 �
TRADE
PERMITS•
Plunbing 6 1,476.00 I
Water 6 30.00 �
Sewer 6 105.00 �
Heat, AC, �
& Gas 11 715.00 �
-------------------------------------------i
Sub Total 29 52,266.00 �
YEAR TO DATE 96
� No. Valuation Fee Collected
�
� 4 785,351.00 6,455.64
� 0 0 0
� 6 716,?78.00 6,868.14
� 0 0 0
� 152 1,394,153.00 21,584.91
I 41 9,223,455.00 51,995.51
•------------------------------------
201 512,119,23T.00 S 86,904.20
47
17
18
2,749.00
85.00
315.00
93 12,130.00
-----------------------------------�
175 515,279.00 I
YEAR TO DATE 45
� No. Valuation Pee Collected
�
� 14 2,303,785.00 20,012.Q6
( 0 0 0
� 0 0 0
� 0 0 0
� 161 1,296,022.00 22,021.28
� 41 2,013,277.00 18,920.19
+------------------------------------
� 216 S 5,613,084.00 S 60,954.43
53
19
19
2,122.00
95.00
322.50
86 5,792.00
177 S 8,341.50
Licensina• ( I
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Contractor�s � I
licenses 19 475.00 � 286 57,150.00 � 293 57,325.00
-------------------------------------------+------------------------------------+------------------------------------
Total 90 54,350,563.00 531,946.35 � 622 512,119,237.00 5109,333.20 � 686 S 5,613,084.00 S 76,620.93
NOTE: All fee amounts exclude Sac, Llac, and State Surcharge. Amounts shown witl reflect only permit, plan check fee, and
valuation amounts.
CITY OF MENDOTA HEIGHTS
MEMO
June 25, 1996
� �G�
TO: Mayor, City Council, City Admini ��
FROM: Kathleen M. Swanson
City Clerk
SUBJECT: Employment Resignation/Personnel Issues
INFORMATION
Engineeri.ng Secretary Diane Ward has submitted a letter of resignation from her position
to take employment with the City of Stillwater. Diane's last day with the city will be Ju1y 3.
DISCUSSION
For the past fourteen years, Diane has not only provided secretarial support for the
engi.neering department, she has also been the primary clerical support person for public works
and the fire department. In addition, Diane voluntarily became involved in election processing
many yeazs ago and has been invaluable to me as my principal election assistant. In 1989, she
was given the title of Deputy Clerk, which authorized her to execute official documents in my
absence. Diane has been an asset to the city and all of the departments she has assisted over the
yeazs. She has been invaluable to me and the city organization in many ways. We will truly
miss her.
It is our desire to post the secretarial position internally to provide clerical sta.ff inembers
with the opportunity to apply for promotion or transfer. Council's authorization is needed for the
posting and for advertisement and recnutrnent of an individual to fill either the secretarial
position or a position which would vacated by promotion or transfer. It will also be necessary to
appoint a Deputy Clerk. This is not a position, but rather a title. There is no remuneration for
the title and no formal responsibility except for the execution of documents in my absence.
RECOMMENDATION
I recommend that Council accept Diane Wazd's resignation with regret. I further
recommend that Council authorize staff to internally post the engineering secretary position and
begin the process of advertising and recruiting a candidate to fill either the engineering secretary
position or the position that would be vacated as the result of intemal promotion or transfer. I
also recommend, without hesitation, that Council appoint Nancy Bauer as Deputy Clerk,
effective on July 3.
ACTION REOUIRED
' Should Council concur in the recommendation, it should move to:
1. Commend Diane Ward for her service to the city and accept her resignation with
regret.
2. Appoint Nancy Bauer as Deputy Clerk, effective on July 3.
3. Authorize internal posting of the engineering secretary position
4. Authorize sta.ff to advertise and begin the recruihnent process for either the
engineering secretary position or the position which would be vacated as the result of
internal promotion or transfer.
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7une 27, i996
TU: Ma.yor, City Cauncil and City Adm��tratar
FRQM: 7ames E. Danielso
Public W orks D' to
SUBJECT: Sauthridge Business Center 2nd Addition
DISCUSSIQN:
Attached is a capy of the imal plat for Southridge Business Center 2nd A�dition. Mr.
Dale Glowa changed the name of the plat fmm Enterprise Corporate Center so that it would
match names with the Pl�a.se i development on the block. Fina'lizing the plat was delayed by
United Properties to allow time far staff and United Properties to process approval for a
driveway access to be located along Pilot Knob Raad, The large Phase I building is currentty
under construction.
�t � ►�i►��a�►i� �v���
The attached Sonthridge basiness Center 2nd Addition plat has been prepared as
approved by Cauneil as a prelimuiary plat and I recommend that it be appraved.
ACTIUN F►EQITIR:ED:
If Cauncil desires to implement the recammenda�on they should pass a motion
adopting Resolution Na. 96-_, RESOLUITON APPROVING F.IrTAL PLAT FOR
SOUTHItIDGE BUSIl�TESS CEN`i'T.R 2ND ADLtITIC1N.
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City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 96-
RESOLUTION APPROVING FINAL PLAT FOR
SOUTHRIDGE BUSINF.5S CENTER 2ND ADDITION
WHEREAS, a final plat for Southridge Business Center 2nd Addition has been
submitted to the Council; and
WHEREAS, the City Council has reviewed said final plat.
NOW T�REEFURE IT IS HEREBY RESOLVED, by the City Council of the Ciry
of Mendota Heights, Minnesota, as follows:
1. That the final plat of 5outhridge Business Center 2nd Addition submitted at this
meeting is hereby approved.
2. That the appropriate City officials be and they are hereby authorized to execute
the fmal plat on behalf of the City of Mendota Heights.
Adopted by the City Council of the City of Mendota Heights this 2nd day of 7u1y, 1996.
CTTY COUNCII.
CITY OF MENDOTA HIIGHTS
:
ATTEST:
Kathleen M. Swanson, City Clerk
Charles E. Mertensotto, Mayor
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CITY OF MENDOTA HEIGHTS
���T�
June 27, 1996
TO: Mayor, City Council and City Admim'�tor
FROM: James E. Dani lso
Public Works D' t r
SUBJECT: Friendly Hills Middle School Construction
DISCUSSION:
Mayor Mertensotto, Councilmember Smith and I met with neighbors, the School
District, staff, Boardmembers, architect and contractor on 7une 19, 1996 to discuss the
proximity of the new school's's grading limits to the residential homes located on the north
side of the site. The Mayor's major concern, upon reviewing the plans at the meeti.ng, was
that all necessary steps be taken to protect the homes from the potential of storm water
damages (see attached letter).
Since that meeting the School District's architect has amended the drainage plaa to
move the drainage swale 25 feet from the north line, thus leaving a wider natural azea. They
have also widened, deepened and extended the swale (see attached plan). The architect's
engineer has been working with Marc Mogan to insure that these improvements to the swale
will accomplish the goal of pmtecting the homes. Marc is confident that, subject to the project
being constructed as now designed, that there will be no threat to the homes whatsaever from
runoff from the School District's site.
ACTION REOUIRED:
None. This memo is being placed on your agenda for information and comment only.
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C ity o�
.�.. . 1Viendota Heights
7une 21, 1996
Dr. Robert Monson, Superintendent
Independent School District #197
1897 Delaware Avenue
Mendota Heights, MN 55118
Subject: Friendly Hills �Vliddle School
Dear Dr. Monson:
Members of the School District, their architect, the City of Mendota Heights, and
neighbors living immediately north of the new Friendly Hills Middle School met Wednesday
evening, 7une 19, 1996, at the home of Richard Gabriel, 670 Apache Lane, to discuss
neighborhood concerns relative to the middle school construction. Construction activity had
recently begua and these neighbors were alarmed to find out that the play fields being
constructed adjacent to their properly were closer than what they had been told in meetings
with the School District. During the meeting, questions concerning surface water drainage
along the joint property line were also discussed. The Schaol District's Architect claimed to
have designed a grading plan that would provide adequate protection from flooding for the
homes.
It was pointed out by Mayor Mertensotto that storm water designs are not perfect;
and that, based on his many years of dealing with storm water problems within the Ciry, he
questioned the margin of safety of the plan presented. The water drainage plan along the
School District's north properiy line relies on a shallow diainage swale to pmtect the adjacent
homes from flooding. The Mayor pointed out that this swale could be blocked or overflow
with a large storm event, thus causing storm water to drain northerly to the homes.
The City requests that the District's storm water dtainage plan be redesigned to
increase the pmtection for the homes lacated north of the school. One excellent way of
preventing storm water from draining toward the homes would be to consttuct a protective
berm between the homes' south property line and the swale. Subject to the School District
taking further actions to protect the homeowners located north of the project from flooding,
the City places the School District on notice that it will not accept responsibility for any storm
water damage to the affected homes.
1101 Victoria Curve • 1Viendota Heights, 1VIN • 55118 452 • 1850 _.,
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Dr. Robert Monson
Independent School District #197
June 21, 1996
Page T�vo
The Mayor stated to me that he will place this matter on the City Council's agenda for
the meeting to be held on July 2, 1996 for officially confirming this notice to the School
District.
Please contact me at 452-1850 if you have any questions or comments relative to this
issue. Thank you for your anticipated cooperation.
Sincerely,
James E. Danielson, P. E.
Public Works Director
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CITY OF MENDOTA HEIGHTS
MEMO
June 25, 1996
TO: Mayor, City Council, Interim City A��trator
FROM: Kathleen M. Swanso ���
City Clerk
SUBJECT: Engineering Computer Equipment
INFORMATION
City Council, at the June 18 meeting, authorized the engineering department to take
quotes on a GIS compatible computer system. Quotes were requested from three major
computer manufacturers or their representatives.
DISCUSSION
A system needed to run GIS soflwaze must be significantly more powerfizl than a system
which would be used for standard desktop computer applications like word processing and
spread sheets. Additionally, monitor size and video controller capabilities aze very important.
For these reasons, we prepazed a specification for a Pentium Pro 200 (200 MHz) processor, 17
inch monitor, 32 megabytes of RAM (random access memory), 2.5 gigabyte hazd drive and
video controller with 2 megabytes of video RAM as a base system. Because memory a.nd screen
refreshes are so important to graphics and mapping operations, we asked for quotes on options
for an additiona132 megabytes of RAM and a faster video board with 4mb of RAM.
Quotes were requested from CompUSA for a major brand computer system, from Micron
Electronics (which holds the state contract) for a Micron Computer, and from Dell Computers for
a Dell Dimension system. CompUSA has failed to respond, even after a reminder from me. Dell
quoted $4,437.00 for a full featured system (including 64 mb of RAM and all options). Its quote
is nearly $700 under the $5,100 staff estimate for a 32 megabyte system. The quote for the
Micron system is $2801ess than Dell, however it has a smaller hard drive and some of the quoted
components are less expensive and of lesser quality than those included in the Dell. If the
components were the same in both systems, the Dell computer would be the least expensive of
the two. The Dell system has received rave reviews in major computer magazines, and Dell is a
highly regazded computer manufacturer (as is Micron). The only drawback is that Dell has no
local representatives and the system would have to be purchased direct from the manufacturer.
The flip side is that a 30 day money back guarantee, one-year on-site service warranty and two
year parts warranty axe provided by the manufacturer.
In addition to quotes for the computer system, we have requested informal quotes for a
color printer. The GIS consultant had recommended a minimum 11 by 17 inch page capability
and suggested Epson's Stylus 1500 Pro as an acceptable printer. Quotes we have received for the
Stylus are generally $1,700 plus tax and delivery. Because a plotter is considerably more
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desirable for GIS mapping applications, we have attempted to find a used plotter, expecting the
price range for new and probably even used plotters to be out of reach. During our search, we
were advised that Hewlett Packard has just introduced a color plotter which retails at about
$2,400, and that there may be also be new laser color printers now available in that price range.
Either of those devices would likely better meet our basic needs. Because all three products are
new on the market, we have not yet had the opportunity to view their output. We ask that
Council authorize staff to issue a purchase order up to $2,400 plus talc and delivery and acquire
the device which gives the best output for our needs.
Total cost for a complete GIS computer system consisting of a Dell Pentium Pro 200
computer, fully equipped, ArcView soflware and output device would be a maximum of $8400.
This figure is considerably under the $11,000 budgeted in 1996 for a GIS system.
RECOMMENDATION
I recommend that Council authorize the issuance of a purchase order to Dell Computers
for a Dell Dimension Pro 200 computer system and authorization for issuance of a purchase
order in an amount up to $2,400 plus tax and delivery for acquisition of a color output device.
ACTION REOUIRED
If Council concurs in the recommendation it should pass a motion to authorize issuance
of a purchase order for $4,437.00 plus tax and delivery to Dell Computers for a Dell Dimension
Pro 200 computer system in accordance with its quote dated June 25, 1996 and authorization for
the issuance of a purchase order in an amount up to $2,400 plus tax and deliver for acquisition of
a color output device.
CITY OF MENDOTA HEIGHTS
�� �
..� June 27, 1996
c�
TO: Mayor, City Council and City A"'strator
FROM: James E. Danie on
Public Works D' � t �
SUBJECT: Parking Restriction for Sibley Park Crosswalk
DISCUSSION•
At the June 18, 1996 meeting Mayor Mertensotto informed the Council of a car/bike
accident that had accurred at the pedestrian crosswalk located across from Ridgewovd Drive at
the north end of Sibley Park. It was determined at that meeting that, as a safety precaution, a
crosswalk should be striped with appmpriate warning signs added. Also, "No Parking" would
be designated for the area immediately bordering the crosswalk in order to improve the sight
distance for approaching vehicles.
The Street Department has been directed to paint the crosswalk and erect the
appropriate warning signs and they are taking the necessary steps to get that work completed.
In order to designate a"No Pazking" zone, Council needs to adopt an ordinance.
RECOMIVV�ENDATION:
I recommend that a fifty (50) foot "No Parking" area be designated around the cross
walk across from Ridgewood Drive in order to improve the sight distance for approaching
motorized vehicles.
ACTION REQUIRED:
If Council des'ires to implement the recommendation, they should pass a motion
adopting Ordinance No. , AN ORDINANCE PROHIBITING PARKING ON THE
SOUTH SIDE OF MARIE AVENUE, BEING 50 FEET WIDE CF�RFn ON THE
PEDESTRIAN CROSSWALK LOCATED ACROSS FROM RIDGEWOOD DRIVE.
City of Mendota. Heights
Dakota County, Minnesota
ORDINANCE NOa
AN ORDINANCE PROHIBITING PARHING ON THE ON THE SOUTH SIDE OF
MARIE AVENUE, BEING 50 FEET WIDE CF.NTF,RF.n ON THE PEDESTRIAN
CROSSWALK LOCATED ACRO5S FROM RIDGEWOOD DRIVE.
SECTION 1. No gerson shall park or leave standing any motor vehicle on the south
side of Marie Avenue, being 50 feet wide centered on the pedestrian
crosswalk located across from Ridgewood Drive.
SECTION 2. DEFINITIONS
2.1 "Motor vehicle" shall be deemed to mean any self-propelled vehicle.
2.2 "Person" shall be deemed to mean and include individuals, partnerships,
associations or corporations.
SECTION 3. Any person failing to comply with the provisions of this ordinance shall
be guilty of a misdemeanor.
SECTION 4. This ordinance shall be full force and effect from after publication
according to law.
Enacted and ordained into an ordinance this 2nd day of July, 1996.
CITY COUNCIL
CTTY OF MENDOTA HIIGHTS
:
ATTEST:
Kathleen M. Swanson, City Clerk
Charles E. Mertensotto, Mayor
CITY OF MENDOTA HEIGHTS
�I►�1� �[�7
June 28, 1996
TO: Mayor, City Council and City Ad�or
FROM: Patrick C. Hollister, Administrative Intern���
SUBJECT: Sprint Water Tower Agreement
Discussion
Attached is the final draft of the lease agreement between the City of Mendota Heights
and Sprint Spectrum (represented by Debra M'ichaels of SBA) for the use of the City's
water tower for cellular equipment. This final version has been signed by the appropriate
representatives of both the City and Sprint.
At the May 21, 1996 meeting of the City Council, the Council rejected Ms. Michael's
initial offer of $1,250 per month for water tower space, and instead authorized Mayor
Mertensotto to negotiate an agreement for $1,500 per month. The Mayor succeeded in
securing such an agreement. Other provisions of the attached agreement include:
1. five-year renewable terms for a total of twenty-five years
2. annual inflation adjustment in rent between five and eight percent
3. provisions to prevent interference with other communications or City maintenance and
use of the water tower facility
4. indemnification of the City by Sprint against liability
5. criteria for termination of the lease
Action Required
Acknowledge the signing of this Lease Agreement between the City of Mendota Heights
and Sprint Spectrum.
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AGREEMENT
THIS LEASE is made this 1 st day of June, 1996 between the CITY OF
MENDOTA HEIGHTS, a Minnesota municipal corporation ("Lessor") and Sprint
Spectrum L.P., a Delaware Limited Parinership ("Lessee").
For good and valuable consideration, the Lessor and Lessee agree as follows:
1. PROPERTY AND PREMISES. Subject to the following terms and
conditions, Lessor leases to Lessee certain space on Lessor's MENDOTA HEIGHTS
WATER TOWER (the "Tower"), and space inside the Tower on Lessor's Property
located at 2431 Lexington Avenue South, Mendota. Heights, Minnesota, (the "Properly")
on non-exclusive basis. The Property is legally described on Exhibit A, which is attached
hereto and the Premises are described on Exhibit B and Addendum to Exhibit B, which is
attached here to, both of wluch are made a part hereof.
2. USE. Subject to the terms of this Lease, the Premises may be used by
Lessee for the transmission and reception of PCS telephone communication signals
authorized for use by Lessee by the Federal Communications Commission ("FCC") and
for appurtenant uses necessary thereto. The primary purpose of the Property is for a water
tower to provide water service to residents of MENDOTA HEIGHTS. In the event tha.t
the use of the Tower for water service is jeopardized because of antenna usage on the
Tower, the City may require reasonable changes in terms and conditions of this
Agreement in order to prevent the jeopazdization of water service.
3. TERM. The term of this Lease shall be five (5) years, commencing on
June 1, 1996, (the "Commencement Date'� and ending on May 31, 2001. Lessee shall
have the right to extend tlus Lease for four (4) additional five-year terms (("Renewal
Term"), for a total of twenty-five (25) years. The Renewal Term shall be on the same
terms and conditions as set forth herein except for rental adjustments as provided in
Paragraph 4, Rent below. To renew this Lease for a renewal term, Lessee shall notify
Lessor of Lessee's intention to renew the Lease at least six (6) months prior to the
expiration of the term
4. RENT
a. Upon the Commencement Date, Lessee shall pay Lessor, as rent, the
following sums ("Rent"):
Based on Lessee's initial installation, which will not exceed twelve (12) antennae, the
monthly rental amount on the Commencement Date shall be Fifteen Hundred Dollars
($1,500.00). The installation shall consist of not more than three (3) banks of four (4)
antennae for a maximum of twelve (12) antennae, as described in Exhibit B-3.
Annually, the Rent sha11 be increased by an amount equal to the increase in the
Minneapolis/St. Paul Consumer Price Index ("CPP') as provided below, or 5% whichever
is greater. However, the Rent shall not be in any case increased more than 8% per year,
nor shall it ever be decreased. f . '
b. The CPI sha11 mean the "Consumer Price Index for All Urban Consumers,
Minneapolis and St. Paul, All Items (1967 =100)" as published by the United States
Department of Labor, Bureau of Labor Statistics or, if such index shal� be discontinued,
the successor index thereto or, if there shall be no successor index, such comparable
index as shall be mutually agreed upon by the parties hereto. To determine the annual
rental increase to be paid by Lessee, the�monthly rental for the previous year sha11 be
multiplied by a fraction, the numerator of which shall be the CPI for the quarter
immediately preceding the annual anniversaty date of the Lease and the denominator of
wluch shall be the CPI for the correspondi.ng quarter of one year earlier. Lessee shall be
responsible for communicating all rental increases to Lessor.
c. If this Lease is terminated at any time other than on the last day ofthe month,
Rent shall be prorated, based on a thirty day month, as of the date of ternunation, and in
the event of termination for any reason other than nonpayment of Rent, all prepaid Rents
shall be refunded to Lessee. �
5. FACILITIES
a Lessor agrees to maintain and operate the Properiy in accordance with
good engineering practices, with all applicable FCC rules and regulations, and in
compliance with the Site Standazds, which are atta.ched hereto and made a part hereof as
Exhibit C, and any reasonable amendments thereto that it shall decide to make, and to
cause all other lessees and users of the Properiy, where feasible, to do the same.
b. Lessee agrees to install equipment, (I.essee's "Antenna Facilities") as
described in Exlubit D attached hereto, in compliance with the Site Standards in Exhibit
C and any reasonable amendments thereto, a11 FCC rules and regulafions, and gaod
engi.neering practices. Lessee agrees that its Antenna Facilities will be of types and
frequencies which will not cause radio frequency interference to Lessor or to any other
lessees of the premises existing as of the Commencement Date, provided that Lessor, all
lessees and other users of the Properiy are in full compliance with Paragraph 5(a) above.
In the event such interference does occur, Lessee agrees that it shall be responsible for the
correction of said interference as provided in Paragraph 6 below. Prior to attaching to or
installing on the Tower its Antenna Facilities, Lessee shall obtain Lessor's approval of
the proposed manner of attachment or installation.
c. Lessee shall construct at its expense the monitoring equipment on the premises
in accordance with the plan, specifica.tions and site plan on file with Lessor and as
identified in Exhibits B and Addendum to Exhibit B(B-1, B-2, B-3) and in accordance
with all applicable codes, ordinances and statutes. The base flooring for the monitoring
2 ..�
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equipment sha11 be a minixnum of eight feet (8') above ground level. After construction,
Lessee shall repair and maintain its equipment structure and all antennae far reasons af
safety and aesthetics at its own expense, which repair and maintenance shail occur at Ieast
annually. , .
d. IJpon termination of the Lease, the ec�uipment stnicture must be removed from
the premises.
e. Lessee agrees to provide the Lessor (within the first sixty (60) days) with the
radio frequeney af each transmitter and receiver uutially u�stalled and vperationai on the
premises. Priar to adding additional transmitter ar receiver frequencies on the premises,
Lessee agrees tu notify fihe Lessor af the madified frequencies so ihat Lessor can perform
the necessary interference studies to ensure that the modified frequencies will not cause
hannfui radio interference ta other e�cisting premises radio lessees. For the purpose of the
Agreement, haxmful interference sha,ll be defined as transmitters that produce receiver
desensing because of inadequ�ate fiequeucy spacing between new transmitters and
e�tisting receivers, or transmitters that produce second, third, ar fifth order harmful
intermodulation products within twenty {20} I�:Hz of e�cisting receivers on the premises.
Lessee will nat utilize transmitters at the premises that cause harmful interference to
existing radio users on #he premises.
f. Lessor acknowledges that fram time #o time and at any time Lessee, in the
cowrse af its business, is required to change or to increase or decrease the number of
frequencies upon which it tran.smits and receives, the Lessor agrees #hat Lessee may da
so, provided that prior to any such changes ar in.ar+eases Lessee sha11 give Lessor 72 hours
written natice identifying such changes vr increases. The frequencies which are currently
in use by Lessee at any given point in: time shall be considered the frequencies that Lessee
is using for all purposes wnder this Lease (hereinafter referred to as "Lessee's
Frequencies"). Specifically, Lessee's Frequencies shall not include any freyuencies
formerly used by Lessee. SSLP may, at its option, add or madify nan-antennae
equipment at the site with the prior notification to Lessor.
Lessee shall provide a list of #he uutiai frequencies it intends to use on the
premises at least thirty (30) days prior to utilization of such frequencies.
6. Radio Frequency Interference
a. In the event Lessee's use of the Premises is reasonably believed by Lessor
to be causing radio frequency interference ("Interference"), Lessee will upon notice as
provided in Pazagraph 6(b} belaw by Lessor to Lessee, conduct investigations and testing
as necessazy to deterncune if Lessee's Antenna Facilities aze causing such interference
{hereinafter referred to as "Testing"}. Lessor may, in its notice to Lessee, include a
requirement that Lessor or its representative be present at all on-site testing and Lessee
shall conduct such Testing in accordance with sa'rd request, subject to para.graph b{d). If
3
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Interference cannot be eliminated within two business days of the receipt of said notice
from Lessor to Lessee, then Lessee, shall discontinue transmitting on those frequencies
which Lessor believes to be causing interference except: (1) if Lessee is able to
reasonably demonstrate to Lessor's satisfaction, whieh sarisfaction shall not be '
unreasonably withheld, that said frequencies are not causing or materially contributing to
Interference or; (2) for purposes of internuttent operation or testing after perfornung such
maintenance, repair, modification, replacement or other action for the purpose of
correcting Interference or; (3) as otherwise provided below. -
b. All other provisions of this lease to the contrary notwithstanding, any
notice by Lessor to Lessee of Interference tha.t Lessor reasonably believes to be caused by
Lessee shall conform to the following requirements: (1) such notice shall be sent by
facsimile transmission, hand delivered or delivered overnight mail where a signature is
required for the receipt thereof, (2) receipt of such notice will be considered tha.t time at
which Lessee is actually in possession of such notice, or has signed for its receipt, (3)
such notice shall contain the name and phone number of the user experiencing
Interference, the frequency on which Interference is occurring, the date that the frequency
was placed into operation, the date and nature of the last modification of any kind to that
user's equipment, a complete description of the type, location and power levels of that
user's equipment aad of the nature and times of the Interference, the frequency of Lessee
reasonably believed to be causing Interference, and a statement describing the basis of
said belief.
c. Except as provided herein, if Lessor notifies Lessee as provided in
Paragraph 6(b) above of radio frequency Interference which is not eliminated or shown
not to be caused by or materially contributed to by Lessee's frequency within tturty (30)
days of said notice, then Lessor may ternunate this Lease without further obligation by
either party.
d. In the event Testing requires access to and use of the equipment of other
users of the Properiy or the presence of Lessor as provided in Paragraph 6(a) above,
Lessor agrees to coordinate such cooperative efforts as are reasonably required for Lessee
to secure same. The time limits for Lessee's discontinuance of frequency use in
Paragraph 6(a) above and for termination of this Lease in Paragraph 6(c) above shall be
extended as necessary to secure said cooperative efforts and to the same extent as any
delay in securing same.
e. In the eyent Lessee clearly demonstrates the primary cause of Interference
to be the equipment or properiy of Lessor or of another user which is (1) malfunctioning,
(2) functioning outside of its manufacturer's specifications, (3) does not meet FCC rules,
regulations, or guidelines, or (4) does not comply with the Site Standards (said equipment
being hereinafter referred to as "Defective Equipment"), Lessee shall not be obligated in
any way to discontinue use or operation of its Antenna Facilities or frequencies. In such
event Lessee will not be held liable in any way to modify or alter the use of its Antenna
Facilities, nor be obligated in any way to participate in the cost of correcting or modifying
4
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Defective Equipment, nor to conduct further testing or investigations at its own expense,
nor be held further obligated under or in default of this Paragraph 6, whether or not
interference continues.
r
f. In the event Lessee clearly demonstrates that said Interference could be
eliminated by the modification of Lessor's or another user's equipment and/or
appurtenances thereto which do not fall under any of the categories in Paragraph 6(e)
above and which were placed into service before Lessee began hans�ritting on the
frequencies causing or materially contributing to said Interference (hereinafter referred to
as "Non-Defective Equipment") Lessee shall, at its option, either (1), permanenfly
discontinue use of its frequency so causing or contributing or (2), modify said Non-
Defective Equipment at Lessee's expense with the consent of the Lessor and/or other
user. Lessor's consent will not be unreasonably withheld and Lessor will use reasonable
efforts to obtain the consent of any other users.
g. In the event Lessee reasonably determines that Interference is caused or
materially contributed to by the condition or configuration of property or materials not
owned or operated by Lessee wluch are also not considered radio equipment or any
appurtenance thereto, Lessee shall not be obligated to modify or repair said properly or
materials or to discontinue use of Lessee's Frequencies. However, if Lessee's
Frequencies are also a materially contributing component of Interference and the
frequency and equipment experiencing interference was placed into service and modified
or altered prior, but not subsequent to Lessee's Frequencies being placed into service,
then Lessee shall be obligated to discontinue use of those of Lessee's Frequencies so
contributing, pmvided said discontinuance causes the substantial elimination of
Interference.
h. In the event Lessee reasonably determines Lessee's Frequencies are a
component of Interference, wluch Interference is also materially contributed to by another
user's equipment or frequency wluch has been installed, altered, repaired, or madified in
any way that is responsible for said material contribution and said installation, alteration,
repair or modification was done subsequent to the Commencement Date, Lessee sha11
have no obligation uader tlus paragraph 6, or for modification of its own Antenna
facilities or their use, or to modify the equipment of other users and sha11 not be
considered in default of this Lease even if Interference continues.
i. Any provision of tlus Lease to the contrary notwithstanding, Lessee sha11
not be obligated to modify, replace, repair or alter the equipment of another FCC licensed
provider of Cellular Telephone Service whether said equipment is Defective or Non-
Defective, provided that this paragraph 6(i) does not relieve Lessee of its responsibility to
eliminate Interference as otherwise provided herein.
j. Lessor agrees not to perform any installation, operation or modification of
equipment on the Property which will cause radio frequency interference to Lessee
subsequent to Lessee's Frequencies being placed into service, nor to allow any of
5
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Lessor's other lessees, agents, contractors or invitees to do so. Lessor further warrants
that it will exercise its hest efforts to insure that any future lessees providing FCC
licensed Cellulaz Telephone Service share equally with Lessee in the burden of
eliminafion of interference as provided herein. � , .
k. Except as provided in this Paragraph 6, Lessee shall have no obligation
nor be held in default of this Lease for reason of or relating to radio frequency
interference. -
7. Access.
a. Lessor shall, at all times, use reasonable efforts to provide Lessee ingress,
egress, and access from an open and improved public road, over and under the Property to
the Premises adequate to service the Antenna. Facilities at no additional charge to Lessee.
In the event Lessee desires access to the water tower structure for other than
emergency purposes, Lessee shall notify Lessor of same by contacting Lessor's Public
Works Director and indicating the time and duration of desired access, which shall be no
sooner than 24 hours after said notice unless mutually agreed. to by both parties. Upon
said notice, Lessor shall, at its option either (1) provide supervision for Lessee's access
within 24 hours of Lessee's request or (2) give Lessee permission to access Lessor's
facility without supervision at an agreed time and for an agreed duration.
In the event Lessee desires to gain access to the water tower stcucture for
emergency purposes, then Lessee shall contact Lessor's Police Department to arrange
such emergency access.
8. TERMINATION
a. Except as otherwise provided herein, this Lease may be terminated, without
any penalty or fiuther liability, on thirty (30) da.y notice as follows: (a) by either party
upon default of any covenant or term hereof by the other party which default is not cured
within thirty (30) days of receipt of written notice of default (without, however, limiting
any other rights available to the parties pursuant to any other provisions hereo fl; (b) by
Lessee if it is unable to obtain or maintain aay license, pernut or other Governmental
Approval necessary to the consiruction andlor operation of the Antenna. Facilities or
Lessee's business or (c) by Lessee of the Property is or becomes unacceptable under
Lessee's design or engineering specifications for its Antenna Facilities belong.
b. Upon termination of this Lease, Lessee shall, within ninety (90) days thereof,
remove all of its Antenna Facilities, including the monitoring equipment from the
Premises, and return the Premises to their original condition, reasonable weaz and teaz
expected.
0
9. COMPLIANCE WITH STATi1TES AND REGULATIONS. Lessee's
Antenna Facilities shall be erected, maintained and operated in accordance with City code
and State statutes, rules and regulations and in compliance with any regulations and in
compliance with any rules or orders now in effect or that hereafter may be issued by the '
FCC, and FAA and the Metropolitan Airports Commission and with the Site Standards.
10. MAINTENANCE AND OPERATION OF PROPERTY.
a Lessor shall have the right to operate its facilities at the Tower in such manner
as will best enable it to fulfill its own service requirements, but in accordance with the
provisions herein. Lessor shall not be l�able to Lessee for any interruption in the service
of Lessee or for interference with the operation of Lessee's Antenna Facilities arising in
any manner from use of the premises thereunder, unless due solely to the negligence or
willful misconduct of Lessor, its employees, agents or invitees.
b. Lessor agrees that any action on the part of Lessor without prior notice to
Lessee in making repairs alterations, additions or improvements in the operation of the
Properiy which might materially interfere with, suspend, cut-off or terminate access to or
use of the Premises and its facilities and equipment, including air-conditioning therein,
could cause inconvenience, expense and economic loss to Lessee. Therefore, Lessor
agrees to make reasonable efforts to give Lessee advance notice (except in the case of
emergency where advaace notice cannot reasonable be given) of any planned shut-downs
for scheduled mutine maintenance and of repairs, alterations, additions or improvements
to be made with respect to the maintenance of operation of the Property which Lessor
reasonably knows might materially affect the operation of Lessee's Antenna Facilities.
Lessor further agrees to make reasonable efforts to minim;�� such inconvenience or
possible loss or expense to Lessee by changing the times and methods for the
performance of such work upon the request of Lessee, provided that any increase in actual
costs thereby incurred by Lessor shall be paid by Lessee within thirty (30) da.ys after
Lessor renders a statement of reasonable and verifiable costs therefor.
1 l. INSURANCE
a. Lessee shall indemnify Lessor and hold Lessor harmless from and against any
and all claims and demands relating to the negligence or misconduct of Lessee, its agents
and employees, including the payment of reasonable attorneys' fees and costs for
damages to properiy.and injury or death to persons, including any payments made under
any worker's compensation law or any plan for employees' disability and death benefits,
which may arise out of or be caused by the installation maintenance, presence, use or
removal of Lessee's Antenna Facilities in the premises described hereunder, except as
said claim or demand may arise out of or in any way result from the negligence or willful
misconduct of Lessor, its employees, agents or invitees.
b. Lessee shall cazry insurance with a company acceptable to Lessor in the
amount of Three Million and No/100 ($3,000,000.00) Dollars per injury and per
7
occurrence to protect the parties hereto against any and all claims, demands, actions,
judgment, costs, and expenses and liabilities which may arise out of or result, directly or
indirectly, from Lessee's use of the Premises, and Lessor sha11 be an additional insured
thereon. Lessee shall also carry such insurance as w�ll protect it from all cla.i�s under �
any worker's compensation laws in effect that may be applicable to Lessee. All insurance
required hereunder shall remain in force for the entire life of tlus Lease and proof thereof
in the format of a certifica.te shall be provided to Lessor prior to the Commencement Date
and on each anniversary date thereafter. -
c. Neither party shall be liable to the other (or to the other's successors or assigns)
for any loss or damage caused by fire or any of the risks enumerated in a standard "All
Risk" insurance policy, and, in the event of such insured loss, neither parly's insurance
company shall have a subrogated claim against the other.
12. DESTRUCTION OF PROPERTY. ffthe Property or the Antenna.
Facilifies are destroyed or damaged so as, in Lessee's judgment, to hinder the effective
use of the Antenna Facilities, Lessee may elect t� terminate this lease as of the date of the
damage or destruction by so notifying the Landlord not more than 45 days following the
date of damage. In such event, all rights and obligations of the parties shall cease as of
the date of the damage or desiruction and Lessee shall be entitled to the reimbursement of
any Rent prepaid by Lessee.
13. NOTICES. Except as otherwise provided herein, all notices, requests,
demands and other communications hereunder shall be in writing and shall be deemed
given if personally delivered or mailed, certified mail, return receipt requested, to the
following address:
If to the Lessor, to:
City of Mendota Heights
Atln.: Director of Public Works
1101 Victoria Curve
Mendota Heights, MN 55118
(612) 452-1850 Fax: 452-8940
�
If to Lessee, to:
Sprint Spectrum, L.P.
Attn.: Karl Brusen, Director E& O-�Minneapolis
2900 Lone Oak Parkway, Suite 140
Eagan, MN 55121
Sprint .Spectivm L.P.
4717 Grand Avenue, Fifth Floor
Kansas City, MO 64112
Attention: Business Law Group
14. TITLE AND QIJIET ENJOYIV�NT. Lessor warrants that (a) it has full
right, power, and authority to execute this Lease; (b) it has good and unencumbered title
to the Properly free and clear of any liens or mortgages and (c) the Properiy constitutes a
legal lot that ma.y be leased. without the need for any subdivision or platting approval.
Lessor fiuther wamants that Lessee shall ha.ve the quiet enjoyment of the Properiy during
the term of this Lease or any renewal thereof, subject to the terms of this Lease.
15. ASSIGNMENT AND SUBLEASE
a Lessee shall not have the right without Lessor's written consent to assign this
Lease, or to sublet all or any part of its rights and obligations hereunder, except Lessee
may assiga this Lease to any parent subsidiary or affiliate of Lessee or to any person, firm
or corporation which shall be controlled by, any corporation into which Lessee may be
merged or consolidated or wluch purchases all or �substantially all of the assets of Lessee.
Lessor covenants and agrees that it will not unreasonably withhold or delay its consent to
any other assignment of this Lease, or the subletting of all or any part of the Lessee's'
rights and obligations hereunder, to any other person, firm or corpora.tion.
b. Nothing in this Lease sha11 preclude Lessor from leasing other space for
communications equipment to aay person or entity wluch may be in competition with
Lessee, subject to Paragraph 6(j) above. Lessor hereby agrees that any of its subsequent
lessees or licensees at the premises shall be in conformance with Paragraph (6) of this
Lease.
16. SUCCESSORS AND ASSIGNS. This Lease shall run with the Property
described on Exhibit A. This Lease shall be binding ugon and inure the benefit of the
parties, their respective successors, personal representatives and assigns.
17. FAILURE TO REMOVE PROPERTY. Any of Lessee's property
remaining on the Premises thiriy (30) days after the expiration of the termination of tlus
Lease, which Lessor does not require Lessee to remove, shall become properiy of Lessor
free of any claims by Lessee or any person claiming through Lessee.
�
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18. ENTIRE AGREEMENT, SEVERABILITY. This Lease constitutes the
entire agreement and understanding of the parties, and supersedes a11 offers, negotiations,
and other agreements. There are not representations or understandings of any kind not set
forth herein. Any amendments to said Lease must b� in writing and executed by both "
parties.
19. MEMORANDiJM OF AGREEMENT After preparation of the legal
descriptions of the Premises, each party, at the request of the other, vv�l sign a recordable
Memorandum of Lease in a form satisfactory to Lessee.
DATED as of the da.te first set forth above.
LESSOR: CITY OF MENDOTA HEIGHTS
By: �-�� { �L�-.-�-�-
Charles E. Mertensotto, Mayor
By: az�� ,a.�_ � ,,�_
thleen M. Swanson, City Clerk
LESSEE: Sprint Spectrum L.P., a Delawaze limited partnership
(��Z� �i (p
By:
Karl R. Brusen, Director E& O- apolis
10
EXHIBIT A
Legal Description
Lot 1 Block 1 Medallion Industrial Park, City of Mendota Heights, Dakota County,
Minnesota.
11
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Version 2A
EXHIBIT B-1
site Name Mendoia HePghts YVater Tower Site Description
'f 2-2 $-95
Site 1. D. MS03XG184V1
Site situated in the City of Mendota Heights, County of Dakota State of Minnesota commoniy described as follows:
, ,
Legat Descriptian: + .
i.ot '!, 81ack 1� Medallion tndustriat Park . .,
Sketct� of Site:
9
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Owner tnitiats _�,r��� NOT TO SCALE �
SSL,P Initiats
Note: Uwner and SSlP may. ai SSt,P's option. Eeplace this Exhibit wiih an exhibit setting tath the tegat desafption of Ehe praperty an which the Site is
tacated andJar an as-buiit drawing depicting the Site.
`jiJse this Exidbit A for PfiS Sife Agreement, Mecsiloraadum af FCS 8ite Agreement, Opti�non Agreernent and Memorandum af Option Agreement,�
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' Version 2.0
'te Name Mendota Heights Water Tower
EXHIBIT B-2
Site Description
12-1 &95
Site I, D. MS03XC184V1
Site situated in the City of Mendota Heights, County of Dakota State of Minnesota cammonly descnbed as foilows: ,
.
Legal Descrip6on: '
lot !, 8tack 1, Medaition Indusf�ial Park .
Sketch of Site:
9
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Site ta induda up to faur antenn�s per secto , sectors oriented at 4Q0'.120', and 244' 7rue North.
Owner initials i�`��'"'
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SSLP Initiats NOT 20 SCALE
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M ^� and/ar an as-built dr�wing depicting khe Site. _
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T 0 W E R E L E V A T I 0 N L 0 0 K I N G N Q R T N
TRUf HOR�ti (ay�p.` tPa Tsosy/a�r
ORICHT �ON � �BpiECitONAL N1iEHHAi uOUNIFD
W/�S' NECHANiCAI DOWNIR t
(4)� ANtEI" LPD 1905 8 92'
D�tECT10NAl ANIENN YOUNi
0 t� f�lGNi * 80'-6� AGL
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,���d+ao 't��.�'. R� (Cp PASS RFADINC =3337)
����
"� ORIENTA710N PLAN
E•XISTING INSIA�LAiION
� • N�T TQ SCALE
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t
7 r�a
(s} •�ht' Lpp 7?GS(8 92' OtREC130N,t1
(5} �A+�NTEt` tpp lYt5j8 42' OIR£CitOHAI
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(s) u,m �a tr�/e er o�cnor+a
If/ S' 1KGtAMCAI W'tMT0.i
to Rurt pOxt� cADDER
E TOtfCR 1NEN !iHDER
U 5 NCST 1{EriYECTOR'
PufNl SPACC
T C����i �,,�,C' r e�,�,) c�cwr+v atv� i� = y� r—o n.tn.S.G
T 0 W E R E L E V A T I 0 N L 0 0 K I N G N p R T H
TitUE NORT}{ {5}'1fN1Et' tP0 T9o55/E 92'
ORIEMAiION � � p��1pNAl AN AS WpU1I7Ep
� �� 0 TM' F�NiIT �� 0' A,C.L
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O�s�cct�roriu ��r+tg+�5 uaiNrz�
o t#� t#�3i � 110�-4' AC.�.--
MAGt�lE11C OEGLINAi?ON
FOR itli5 SiSE tS
5
FROM TRUE
NORtii
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,�s ��R �it�c o 't. f
91-AGL-2059-pf
a��a 4�� e
PROPOSAL DRAWING
NOT FOR CQNSTRUCTlON
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OIkECM1NAt NtiEN2iAS itWtitED
4 i1P ifflCNT � E8'-6' 1.G.L
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'�fl'�',�,��cr �: � GRt6 ORiEHiAT18N = 3.t4' '
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4�,i3'•'•�� ------~�� .
0 R I E N T A T I 0 N P L A N
F R 0 P 0 S E D i N S T A L L A T 1� N
NOi i0 SCALE
`
� IIC
Pursuant to the Lease Agreement dated June 1, 1996, between the City of
Mendota Heights, a M'innesota Municipal Corporation ("Lessor') and Sprint Spectrum
L.P., a Delaware Limited Partnership ("Lessee").
CITY OF MENDOTA HEIGHTS �
WATER TOWER COMMIJNICATIONS STTE STANDARDS
The following specifications shall apply:
Proposed Radio Band: 1.8-2.3 GHz
Proposed Radio Frequency: TX 1930-1945 MHz
Proposed Base Staxion: Manufactured by Nortel
Power Output: 25 Watts
Antenna Types: Sectored System, 120 Degrees/Sector
Manufacturer & Model of Isolator Not Applicable
Duplexers + Filters Not Available
The following will also apply if applicable:
1. Unless housed in a separate solid, walled, closed room dedicated to a s'ingle user,
all equipment must be housed in a RF tight, metal enclosure. Desk top base stations and
open racks cannot be used unless separate RF tight enclosures are provided around
individual transmitters and receivers. Additional shielding kits may be required.
2. All receivers must be adequately protected with a band limiting device, such as
cavities, duplexers or other filters. Unprotected preamplifier devises or receivers will not
be guaranteed freedom from radio frequency interference.
3. Manufactures may provide receiver options for maintaining nanow receive
bandwidth. These devices, typically crystal filters, will be used whenever necessary to
eliminate interference problems caused by overload.
4. At least 60 dB of isolation for �440-470 IVff3z and 800-920 MHz transmitters and
25 dB of isolation for 140-170 MHz and 30-50 MHz transmitters must be provided. A
band pass cavity must be provided on the transmitters between the antenna and any ferrite
device used. Additional filtering and isolation may be required and will be considered on a
case by case basis.
EXCEPTION: Frequency bands not covered above will be reviewed and subject
to proper installation and operation. :
12
1
5. Maximum transmitter power altowed into the antenna feed Iine witl be I 10 watts
per transmitter pravided that ma.�cimum effective radiated power (ERP) will be 500 watts.
EXCEPTION: Higher power levels will be cansidered on a case hy case basis.
Additianal protective devices may be required.
6, Oniy jacketed capper HeliaxC�3 cable or equivalent wi11 be permitted far
transmission line at the site. All on-site intercabling must use RG/9, RGl142, RG/214, 1/2
inch superIlex ar equivalent. RG8 or any other single shielded cabie will not be altowed.
All outside conne�tions must be kept weather tight at al� times. .All connectors will be N-
type or EiA whenever possible.
7. Ail transmitters must have band-pass ca.vities that w%lI pravide at least the
fallowing attenuation of side bank noise:
30-Sp MHz band:
14�0-17Q 1Lgiz band:
440-470 MHz band:
800-92Q l�gIz band:
15 dB at 1 MHz
15 dB at 1..5 I��Hz
15 dB at 2.5 MHz
2Q dB at 10 l�gIz
EXCEPTIt)N: Requirements for transmztters outside af these bands will be
considered on a case-by-case basis.
8. Each cabinet must be identified by the owner's name, address and FCC station
license. It must also have the name and telephone number of the responsible service
agency.
9. Each user will inf'arm the City of all receive and transmit frequencies in use at all
tirnes. Any changes in frequency use ar madification of any kind of equipment v+�itl be
reported to and approved by the City at least 10 days prior to the change. Where it can be
demonstrated that there is a strong likelihood such frequency use v�rili resuit in an
interference problem, testing af that frequency use prior to its actual operation may be
required by the City.
13
��-���_
`
• w
�
0
F
i�i
1.
2.
3.
4.
5.
6.
7.
8.
\
EXF-iIBIT D
List of Equipment and Antennas
4 BTS with (3) RFFE's Per BTS
+24v Battery Bank if required
Dehydrator if required
Transfer Switch if required
Disconnect Panel
A/C Units (two, or more if needed)
(12) Model # Antennas or equivalent
(12) runs of coax to antennas from Ra.dio Equipment/Cable Entry Plate
14
LIST OF CONTRACTORS TQ BE APPROVED BY CITY C�UNCIL
JuLY 2.1996
�,'Ycavata n.g Contrac�qr �ice*+s�
Ga1l.ati Excavating Inc.
Turner Excavating Co.
t'�� Pi�.�g Contraetar
Parsons Hardware, Plumbing & Heating
HVP�G Contractor
C.O. Carlsan Air Candi�.ioning Co.
Kumar Machanical, Inc.
Parsons Hardware, Plumbing & Heating
Generai Con,�rae�or Lice*+�e
Amerect Inc.
Sheridan Sheet Meta1 Co.
TO: Mayor and City Council
' lu 1►�i►� � :
TOta1 C1aimS
Significant Clai.ms
First Impressions
Health Plans
MCWS
NSP
Unusual Claims
Rober Const
Polar Chev
Viva Link
So Branch Y
Newsletter
Insurance
Sewer
Ut. Sv.
Ivy Falls So
Sq Car
Heartstarts
Basketball
161,849.12
2,066.10
13,198.82
68,814.00
5,662.52
17,861.89
17,979.00
5,618.48
2,OU0.(}0
unN� �wnu�u
?8 Jun 1986 ���� b Ciaims List 16-Engt'
Fri 11:17 AM �ity af Kendota lisioht� GO-I'oliCe
,•-� 3q-Fi re
Seroo Check :�:umtter 1 40-GEO
2 � Temp... —_.._._ _ ._ ._ _ __ . ._.. . .
� Check
umber+- Vandor•-Narne pccount Cade Cornments
' i Earl � Arrderson b Rssoc 01-4420^�50-5Q oosts
d
�"`_e_ ._"«.' "" � " "" . _ . _ ... _ � . ._ . .__"' . ...
� 1 - -
b 7c�tals 7em� Check Nurnber 1
a
�� Temo Check Number � . .
iz
�y- 2-AT&T��• - 01-4210-070-7Q 3rd qtr
,. 2 AT&T 02-4Z20-II15@-50 iuri svc
�� 2 AT&T 01-42IQ-07@-7fd �un svc
e -A�&�"-----._.._..---- .. ._ . 15-4210-060-60 ,7un svc '
�T 2 AF&? . 01-4224^05A-50 �un svc
,� � A?&T 01-42f0-03@-30 iun svc
�o --4''AT�+�• 01-42i0^110-1@ id calls
. 0 2 AT&T 01-42i0-@20-2Q ld ca12s
x'�- '- -_.... _ . ,
� Tat�ls Ternn Check hurnber 2
` ��a-�heck-Numher..� _. 3
� 3 Ed Adrian 01-4400^030-3@ exo reimb
�I 3—_—___--_ _. __ .. . . . .. . � ... _ ..
.�.��,,,.;�• � Tatals Temo Check :�urnoer 3
's Temp Checlt l�:umber --� y . _... . __. . ,
'A -N-Amer•i-can-Nat3ona2-Bank - 12-4226-00@-80 svc fee
4
'y —7'atala 7emo Check fvumber 4
- �o Temp Check Num�er � S .
�" 5 Jim &aker V 01-4435-2@0-7Q 95 umo reimb
�' Tatals Temo CheckVNumber SN
M
,a �mo-Chec�c-t�!urou�r—. .- - 6 - •-- -- --.---- -.-
.a — ••
" 6 Best Euy 01-43@1-110-1@ saftware
49
40 6-$esx_Buy._....__.. ... . . .01-4300-110-10 splys
'0 12
'� tals-?emn-Gheck-Nurnber ...__.._.___..._g_.___._ ._._.. __. _. .- ---
as . , ' • ---•
5� Temo Check �umber 7
---..._......_.. _... ._,.__... ... ._....._._�_.�_ _._.-- - -- --. . ._ .___ .. .. ._ ..
sb 7 Kevin Ratchelder 01-4425-110-10 3u1 allaw
, ' .
�
r
ue�+� �u-nvaua
b0-Utilities paoe 1
70-Parks
80-Ptanning
85-Recyc3ing
90-Animal Control
Arnount
267.32
.� 267. 32
14. 68
1I.27
11,26
11.26
5. 3@
S. 30
2S. Q6
29.49
113.62
43.39
43.39
210. 55
21 @. 55
59.50
53. 50
�
129. 99 �
29.c�2 .
159.2i •
iP0.00 -- -- - - �. . _ -
J
;,+�Y;��,
28 3un 1996 Clairnr �
Fri 1.1:17 pM City of �ier�c ieichts
Teraa Check ltarnber 7
Temn. ---- . .
Check
um8er_Vetacor Narne Account Code
7
._.�'atals iema Check iVumber ?
�Temo Check Number 8
') 8•Boarc af Water Comm3ssioners 15-4425-3:0-&0
'I B baard of kater Commissioners 01-4425-335-a0
° _.8 Board of Water Commissioners 08-4425-000-00
' 8 Baard af kater Commissioners 01-44^c5-070-?0
`� 8 Haard of Water Commassioners Q�1-4425-070-70
>I
' 40 _���
� Totals Teraa ChecSc Nurni�er 8
�
' Temp Chec}t NurnSer 9
:
'�- 9--Carauest. @1-43ID5-05ID-50
`I 9 Carnuest 01-4305-070-7@
'I 9 Carcuest 18-4305--060-60
i 9..�arguezt 0f-43i85^050-50
�9 Carques�ty� 15-4305-06@-6Q
' 9 Carquest 01,-4330-440-20
r
� 54
' Tata2s Terna G:�eck Nurnber 9
` Temp Check Number 10
' 0-.Ci#y Mabor •Suoply 01-4330-490-50
`� i@ City i5ator 8upa2y 01-4330-490-70
') 10 City :".o:or Supply 15-4330-49fl-60
._ 10 City Motar Suap�y • 02-4330-430-5Q
3� 10 Ci�y :".otor Supply @1-4330-440-2@
'�20 City M.atar fiupply 03,-4330-46@-30
.18-City_r.otar Supply 01-4330-490-50
�� 10 City Motar Supoly 01-4330-460-30
10 City Yator Supply 01-4330-46A-30
_ .10_City Motar_Sup}aly 01-4330-440-20
�i�10 City rotor Supply 01-4330-445-40
�
10 City Motor SuQply 01-4330^490-50
° 120----�- --• - - -
nTatals 7ema Cneck Nurnber 10
°� Temp Checit Klumber k 2
D--Camm-Gen�er - - -- - • 01-4330-45@-30
�
' —�'c�tals-Sema. Gheck.. Nura6er 11
yi 3emp Eheck Nureaer f2
� ------- -- - - -. _-._. -- -
Cornrnent s
may svc
may svc
may svc
may svc
may svc
so]y�
splys
splys
splys
solys
parts
parts
aarts
parts
parts
parts
parts
parts
parts
parts
parts
parts
parts
rprs
Paoe 2
Amount
2 20. 0Q�
i8,76
19. 63
102.51
256.97
123» 80
52 f . 67
15. 35
I5.15
I:r. i9
3. 4fs
9. 20
43`ii
i0i.26
1 @4. 62
iO4.62
104. 62
31.82
295. 8@
219.94
125. 29
83.42
66. 50
77« 80
8P1. 50
__116�8@
1,311.82
234. 30
234. 3@
28 3un 199& Claim� List � Page 3
� Fri 11:17 AM City of �endata Heiohts
• Temp Check Number iZ
x Temp,.�._-----------... .
Ct,eck
' um6er Ve��ar Name qecaunt Code Camments Rmount
' 12 Marcus Cannol2y 01-4400-Q30-30 exp reirnb 293.53
e •
. a 12 �_.._._ _ _.. : . . 293. S9 . _ . __ _.. - .,
a
Tcta;s 7emo Cneck Number 12
�� Temp Check NumSer 13 ----
���—•--�3 Connect Inc @3-4210-030-30 may svc 16.@5
`� ia 16.05
�� t�tais-a`�mo Check Nurnber 13 -
+a
ie Temp Check Nam�er 14
19 ik Copy Dua:icatin Pro�'ucts 01-�43@5^030-30
2O g �un svc 7.79
� �+ --- - 7. 78
Totals Temo Check Number 14
� emp-C.heek S+lumber 15
• 6 15 Coverall 01-4335-31@-50 �un svc 60.00
' �-Cover,all- -_. . - 0i-4335-310-70 �urt sve 50.$0
� 15 Covera32 15-4335-3i0-b0 �un svc 59.99
P
. . • • t _1}g_.___..,_..__.. _.. _._ 179.99
3x Tota3s iema Check Number IS _
a' ma-�Check-Nu�nber..._..._ . lg .. . . .
' i6 Dakota Caunty Tech Inst 01^440@-020-20 sog trng 300.00 S
16 ----_ ._.----.. .. 300. @0 ' ,
� Tatals Temo Gtseck lVum'�er 16 .
( Temo Check h:urn�er 1� J
z -.Ta�ne�-Ban3eison•- . 05-4415-105-15 • Jul allow• •- • 120.410 `
,a �
� `� 17 120.00 �
+a
ta3��emo-Gheck �IumGer ---- --....-.....;7.._ ._ _.___ . ._ .. _ . . _ , . �
� Temp Check Nurnber 18 �
40 28 Da»ko �mgcy Ec# II1-4305-030-30 solys 15.50
' 1$ Danko Emgay Eo 01-4305-030-30 splys �6.96
3I
._..�_.. _.««._. _.... «... ....._.�,. ""' "_'.._"_.._..._._-. _.. _ . . _ .. ._"' ����� ,.. _ _ '
D2 �� �2� fis .
" Tota3s Temo Checsc Num6er 18 ••
s,
-- .___.._... _, ... .__ ._ �.. _ �-- - -- - ---. ... . ._.. _ . ._. . - - -._ - - -• ,..
5e Temp Gheck Number 19
' nn�-s-De� fnont -..._----.___.-,---..___. -01-4435-020-2Q. . ,. _ . , . . �ul al low . _ � __._... _ _.. _ 120.00 - .__ . �_._.- - -. -----.,
@
28 Jun 199b Ciaims paoe 4
Fri 11:i7 AM City of Menc leights ,,,,`
Temp Check Number 19
Temp. ._. __.___.. . . _ . ._
Check
Number Veru:or.�!ame_. � .. Account Code Camrnent� 4lrnount
- ------
�4-_._.�---.._--•..__..._._.. . . . ._ _ . 120.00
Totals Temo Check Number 19 ,
J�mp_Check_Alurnber___ . 20 . . ,
20 Electro Watchman 15-4330^490-6q rors 75.00
._�.2� _ .._ _ __ .. - . 75. IIt0
7otals Temp Check hturnber 20
Temp Check Numt�r 21
�21._F_ir_st _Trust . . 35-4226-000-00 svc fee 342. 08
2I 342. Q+8
—?otals.Ssmp-.C.heck..Number _ 21 •-- -�•.- -
Temn Chec4c Number 22
22 First Imoresaions 01-4268-650-iQ? newsletter 1,307.85
22 Fir�t Impressions 01-4268^650-85 newsletter 105.40
aa c;���Ar.asaioras_ ...-----.... .... 15-4268--65Q1-6Qt news}etter . 392.55
22 Firrst Zmpressions 21-4268-65Q-00 newsletter . 26Q.30
—H8 � r.---_._... _. _ 2t@66.10 . .
Totals Tema Cheek Numher 22 .
Sewp._Check_ntumb�r-_....».�--- �23 _ .. _ .._ . . �
23 Fortis Benefits ins Co Qi-4132-031-30 �ul prem 163.40 .�
23 Y- -..... ._. ib3. A0 .
Totai� Temo Gheek Number 23
Temp Check :�umoer � ^ 24 `
-�.24�2oba.�r.inbirg ..& .Supplies 01-4300-ID20-80 _ aolys 33.90 . . . �
24 Globe�Printing & Supolies 01-4300-020-20 . splys 0.93 �,
24 C,3obe Printing h Supplies @:-43@Q-020-20 splys 30.c�2
- � _ _ _ .. .._ __._ ..___ _.�_. !____...__�. ___ _..... __ , ----_
72 - � - - -.. .. 65.05 '.. . .
Tptals Tema Check Number 24
�__.-----.._ _._ . .... ..___ . __._ _.__ .. . _.
Temp Checic Number . 25 ;,
—...."s-Gop.her-State-Or�a-Lall_....------- --.15^4210-060-60 - • -- .• .. -- -..... . may.svc. . _ ._.. __ 19.25 �
25 19. 25
--�'cfka-lt-Temo--Check-Number.-- •--�--......-.25___._ __._.__.._.. _ _ . _ _. __. �,_._... ._..---.... ._._._�._...._.._ _ _ _ _...--- '
Temp Ct�eck ttiturataer c�6 .�
---.....------ - -- ..
-- ----._. _.._.._,,. - - �-- - �-- -- -....... .__. _...... _ .. _.�. ..w-- -- - - - - - .. .. _.._. ._..
•--- •-----• �
�8 3u» 2995 Ciairns �ist
Fri 11:17 AM �,, City of Mendata hieiohts
• Temp Check :�!umber 26
� � Temp. _ .. _. .
� Check
� -Num6er ��Ven�c+r Name Accc�unt Cade
<i
ej _ 26 Group lieaith Inc 05-4131-105-25
P'�� 2Fs
Totals Tem� Check Number 26
4°� Temp Check IVumber 27
"�.•-- 27 Green:eaf Tree Svc @1-4500-A80-50
f3-
�ai 2� 6reenleaf Tree Svc 01-4500-050-50
:�! _.-54 - •-
`� Tota:s Tem� C.heck Number 2'7
,:�
te! emq Check iVumber 28
,o
SO 28 Health partners @1-2074
" ---29 Heslth partners 01-4231-i20-10
"� 28 Hea2th Partners 02-4132-020-80
.-j 28 liea3th Partners 01-4i31-Qt40-40
_._.._28 Hea:th A'artners 01-4131-050-50
28 F�aFth Dartners 01-4i31-D70-70
S6� 28 Health Partners 05-k131-105-25
.'�-._._.28-F3eaith Fartriers 08-4131-@@0-fl0
?' E9 Hea2th Partners 15-4i33-A60-B0
^M
JOI «-_
_ ` . ,,.. _.__ 252--. __.� .
���� Totals Temo Check Number 28
is-i
�"-a'emp-•Check Number 29
`i
;''! 29 S-loffers Inc 01-4305-0?0-70
ff�
_��_.___. E9� .._........ .
° Tot�ls Temo Check Number 29
�F�
�`I Temp Check lvum5er 30
_-.. _30 I -A � C 01-k4ID4-030-30
<;�- --
••j 30
"� - Tatals-�gmn Check Number 30
"� Temo Check Nurnber 31
.�}.�--- -.._._..,__.
` 31 Identi Kit co 01-420@-b10-20
ea�
+ --
ar -31 . .__,._ . _ . - -
" Totals Tema Cneck �urnber 31
aa
'" a'�erap-C.*�eck -l�umb�r- - s2 • .
,s•
i
"i 32 Irrterstate Diesel 01-4330-460-30
�
Camments
tu2 o�^ern kullander
tree remavai
tree removal
aul prem
3ui arem
,7u1 prem
1u1 arem
,}ul prern
�ul prem
,}ul prem
�ul prem
�u2 prem
so2ys
dues
ctrly rent
parts
Paae 5
Rrnount
f65_35
165.35
538. 50
331. 86
1 � A64. 30
3.410.76
F�462.4$
3, 155. 18
552.74
1. 623. 7k
782.96
2 z 623. 7Q
195.7k
392. 48
13�198.82
fi15. 04
615.04
105. 00
105. 0¢+
i QiG^. Q�Q�
itd2. A0
��. ms
�
� 28 Jun 199b Ciaimg ". Paqe 6
�ri 11:17 AM City of Menc ieights
- Temp Gheck Number 3E
Temp. __..._ __..
' Check •
' utnber—Yer�ar Name _._ Acceunt Code Camments Rmount
° 32 Interstate Di�sel 01-4330-A40-20 parts 22.�9 •
a "2�nterstate.Diese2 fl1-4330-460-3Q _part$_ .. ._ _ 42.90 . .. --_- - -�
' 32 Interstate Diesel 01-4330-460-30 parts 64.57 �
° 32 :ntersta.e Diesel 01-4330-460-30 rtn 27.13cr
P _��......�
,0 160.._..._ � . ..._ i24.52
'� Totals 7ema Check Number 3Z
is
j` Temp Check tium�er 33
" 3.�au! Kaiser 01-4268-150-30 �un �vc 1,15$.87
in � r_—_�...�_
': 33 2,158.87
'B otals,.?emp Check Number 33 , •.
IP '
° Semp Check :�umber 34
z,
" 34 Kap3an Hros 01-4305-050-50 glovee 164.00
` r�s�.,_._ _. _. . , . 164.09
' Totals Temp Check IVurnber 34
a
a' m{s-Cherk_Rlumber---.-- - 35 � - -
2° 35 Jie� :(ilburg 7J3-4400-�30-3fd exp reimb 64.91
. ° _Jia_Kilburg.._._ 02-4435-030-30 exa reimb 57.00
a, __ --__— •
'� 70 . 121.81
" tals�'eraa CS�eck Number 35 . • • _. -. - ' �- - - - :
" Temo Check iVumSer sfs
3a
' 36 Thaaaa .Knuth 27-4415-T10-0Q1 exp reimb 24.30 "
J° 36 St�anas N»uth 27-4415-709-00 exp reimb �7.90
'P �haa�ac linuth..•.. .• 27-4415-717-00 exq reimb 24.90
�" 36 Thnmas Knuth 05-4415-105-15 �ul allow 10.00 .
� _____ ..
�44--._—__._.-•--- - - . . _. 81.20 '
43 rotal� 7ema Check Number 36 �
M ' �
" mp-L'hack-3+lumber----. --. 37 - __._.._ .. _ _ � _ _ _. .__ _ _ , . . ._ . . _
+o
' 37 Kaber Exc 27-4460-717-00 pymt 3 ivy faAls sa 17,861,89 �
.�n _-------
4fl 37 -'---__..___.---••- � - - --��-- � •--- .. . ._ . 17,861.89 � _ .-- :.
5O iotals Teme Check Num6er 37 •
a� •
_..___ . __•-- - - -____.-----...__ __ _ .. . . .._ _ ... __ . .. .. ..._ .
' Semp Check S�umber 38 -.
Si -
"' 8 ��' ..5.. _ .. 01-2075_._._... __ �ul .dues.. _ ..330.0@-.---.. . "�
--- --- --- - -__ .� __.• - - . ._. .._.__._ .�. _. __ _ _._ . _.__ _...._-- -•
an �-- . _. .. .
�+ 3$ 330. A0 �
� ' t>tad-s--7�mp-C.t+eck-Number ---- -39--------��- �
�
F
P8 Jun 1996 Clairns List
Fri 11:17 AM City af Mendota Heinhts
� Ternp Check N�nber 3$
__��._�... .. _,..__ __.. _ .. .. . .. _ ,.
� 7emp.
z Cheek
' mber-Uemior--Name------,=-__ ._. _ _. . Account .Cade
4 .
a
� �mp�-CheCk-Number--.__�._.__... 3g _._.._..»..------•---------_"--- - -•
p 39 Lak�land Ford 01-4330-490-50
�a �� ._.. ---. ._ _ ._.. . _. _ .
'� Totais Temp Check Number 39
is .
i4 Temp ChecSt A4umber 40
" 0-Leef-Br-oc_._ ..._.._. _...__._ .._._....._. 01-4335-310-50
16 40 Leef Sros 01-4335-310-70
" H0 LeBF Bros 15^4335-3i@-6Q
,e
-,�,�—..�__ _-- --_ . . --- . _ ._ . . . ..
�0 120
Q 7otalc Temn Csaeck Number 40
s
� Temp Check hum5er ` 41
l-Lir�co2x�-Beriefit � 01-4131-020-20
a 41 Linco2n Benefit @1-4131-130-10
' �g ._.—___ _ _ , .. _ �_ _ , _
7otals Temo Cheek Num6er 42
ao
-emp..Clieck-Numher -- _... __... 4� .--- -
32 G2 George Lowe 01-4400-@30-3@
'a ---&earsge--i:owe----- •---_,_�. ._._._...__�1^4415-@:s0-30
3 �'•
` �ctals�-7emo Check Number 42 -
r
Temp Check Rumber 43
�' 43 Mac Queen � M � .01-4330-490-50
�
`� 3---_ _. .__.._ ._ .. �_ _ ......_ .. .. . .. . _ . _ ..
�' Tata2s Temo Ch�ek �umber 43
4,
�a �mp-Gheck-idumber-----. _ � _ 44 --- - ._._ »,_.___. __ � - -
a
/7
Comments
aarts
�un svc
�un svc y
�u» svc
3u1 prem
�ul prem
exp t^eimb
exp reimb
nors
�B k4 Mid flmerfcan Power Dr @i^As30-490-50 parts
s9 + �K._ _"_.__ _ .._"'_' _ "_.. . .' ' _... �_. ... .._ __' .'
'4 Tptals Temo Check :�umber 44
n,
na Temp CMeck 1!urnber � 4S ��....-----....__.___.._ __,._. . _.
" 5-Metr-a,-Courrcdl--Wastewater Svc--••-15-^A449-06@-60.-._ . -•. ._ .. �uisvc •- - -. .. _ .
aa
sa •
7 ..�_�.'�'_,..""_....�._.��... ._._..._..'_'_. . ... .. ... ... .. .._ «... .._ . . .. ._... ,.
m
paoe 7
Rmount
93. 51
93. 51
16. 12
i6.i2
16.12
48. 36 �
�s.�'�
272. 64
138. 10
410. 74
163. 65
54.00
21lw65
�4. 57
54. $7
55,37
rJ�:l� a�. %
71 y 610, 00 .
2$ Sun i996 Ciain at
Fri 11:27 A.M City of Mer Heights
Terap Check P2umber 45
T�mp. _. ---.
Check
Number�len�ax_Name, . Account Code
45 Metra Councii Wastewater Svc 1?-3575
90 __. . �-_ _.. ._ ._ _ _.__.�. . ._ ._
Totals Tem� Check Number k5
Temp Check :�umber. _. - 4fi _._. _ __ . _
_....�6�.Minn DRRc Officers Assn 01-440A^ID20-�0
46
--�'ok�1.e-xemo C.heck Number - � 4&
Tema Ch�ck �umber 47
47 Minn �:utual Life In� 01-207k
47 Min» Matua3 �£fe Ins 0i-4131-130-E0
---A�-Minn.;lutu�2. Li,fe Inss_-_- -_._. _ .. �1-4131-020-20
47 Minr� Mutual iife Iris 01-4131-050-50
k7 Minn �:utuai Life I»� 0f-4131-070-T@
�-..jt7_..Minn1*lutua2-�ifa Ztts • 08-4131-000-0�II
282
--�'.atais-a'ama-C.heck Atumbar ------ -- -47 ..._. _._.__
Temp Check Number 48
. 48 Minnesota Benefit Rssn 01-2074
4B Mirniesotm Benefit A�sn 01-4I31^020-�0
—._.AB�in»eseta-Benefit Assn 01-413a-050-50
48 Mirznesota Eenefit R�sn 01-4I3i-070-70
48 Minnezata Benefit Assn 01-4131-if0-1�
--lfB_Mi.rsnesota� Benefit Aa�n 05-4131-105-i5
�48 Mir�ttesata HeneFit pssn 15-4131^06@-60
336 ._. .._. _ _.. .._. ._ . _. ___.. _ .. ,
Totals Temp C.heck Num6er 4$
�'amp-ChacS�,�!umber_ _.. ,. 49 .. ... .. _
49 M F A P C tbi-4404^030-30
49 �"__. . _._.. _ .- - - --___ __...,_ ., .
Totals Temp Check Number 4`3
3emp Cheak ;�umber _ _ _�g .... ._ _. ._- -- -- .. .. _
—_.50J�li.nn-Wanner---Ca.-.---�. ----- •-----01-4305-07ID-�0 ..
50
�ata].�.�emp..-C.yeck-Num6en..--_____._ 5fD_.—.__-._---.,_._._ . _.
Temp Check i�um'�er 51
Comments
,)ul svc
dues
�ul prem
�ai arem
�u] prem
�ul orem
�ul prem
tul prem
�u2 prem
�ul orem
�ul prem
tiul prem
�ul prem
�ul prem
�ul prem
Paoe 8
prnount
�� 796. OQzcr
68,814.00
25. 00
25. 00
197. 87
?. fi0
24. 05
3.80
S. 7Qf
1.90
24QI. 92
355.97
350.96
55. 81
351. 91
29.08
94.i8
2@2.84
1,340.75
dues 35. 00 • �
�r_ =`;r •
35. @0 ,.
snlys _. .. .. 173. 60 . . _ . . •
173,60
f;.
28 Sun i99b Clairas. �ist
Fri 11:1� AM City af MeMdata Heights
�
Temp Check NumSer S1
zTemp,..._.. _..._ _ . ._ . ...
i Check
' umben• Versdar--kame Accaunt Cade Camrnent�
< .
' S1 �:otar Parts Service 01-4330-490-50 ` parts
' --�1-Mato»-Part� Service � 01-k330-490-50. partc
T
° 102
0 otais-Temp Check--IVumber 51
�s� Temp Check \urnber 52
"� 52 North Star Intl 01-k330-490-50 parts 303
„
,a N'
$.._—".'—'.."' _' '
" Totals Temo Cneck Nureber 52
,�
�a emp�Check 1!um5er 53 -
�>
'° 53 Northern State Power 01-4212-315-30 �un svc
_` --53-Narther� fitate Pawer - 0f-42i2-3f0-5tb 3un svc
� 53 NorLhern State Pawer W1-4212-3i0-�0 �un svc
' S3 korthern State Power 25-4212-310-60 iun svc
` --53-Norxherr, State Aawer 0f-4�22-32Q-7m �an �vc
53 karthern State Pawer i5-42i�-400-60 iun svc
26 53 Norther» State Pawer 01-42ii-325-30 3un sve
' S3-Narthern 6tate Pawer @1-k211-310-50 aun svc
a3 53 �art:rern 8tate Pawer 02-4211-3iQi-7@ ,7un svc
° Ss �arthern State Power i5-4211-310-60 iun svc
-�.�53--AIar#her» State Pawer - �8-4221-Pi00-SD0 �un svc
" 53 Nort:rern State Pawer 01-4211-300-80 �un svc
:
» �� ---_. _._. . --
i Totals 3ema Check lVumber 53
e�
� ?�emp��heck N:umber 54 •
3e 54 Narthern State Pawer QI1-4211-420-50 �u» svc
'°�---ST'.-t�ortharn State Power 08-4211-0QF0-00 iun gvc
�O� 54 Northern State ?awer 01-4211-320-70 ,}an svc
'j 54 Narthern State Pawer 15-4211-400-60 �un svc
�
•'i 816 �--.___... _ _. _ .
�� Totals Tema Gheck Number 54
�`i Temp Check Rumber_.._... . _ �5 • -. - - ,
'! 55.-IIff.ircz M.ax •- •. 01-4300-07ID-�0 cplys
"° 'S5 Office Max 01-4490-109-09 splys
3D� 55 dffice Max 01-43@0-310-10 splys
" -O�-f-ir_evptax-...._ ..- ---._ �..� ----- � -- -� -• 05-43td0-105-15 ... .. _ _ __ Spiys
32 �_�
S] ���
'� otad�s-��mo-�heck--Number �--• - - 55
.. ._._ .__ ._._ . . .. . ... _ . __ . _ _ . _ _
95
'° 7emp Check lVumber 56
' __.____._...—.�...�._--------._.._._.-- �---_ _ . _. ._ . _ ,.. _ --
Rage 9
Rmaunt
33. 93
- 15.8$
49. 8f
� 19. 75
18. 7S
81. 5&
344.23
34k. 23
344. 22
37.18
24.91
390. 40
263. 53
2b3. 53
263. S�C
448,96
433.33
3s 229. fi2
395. 43
1,367.01
20k. 94
465.5^�
2y432.90
25. 4S
sk. 95
9S. 5�
85. 20
2J8��7
►
0
28 Jun 1996 Clairi �t
Fri 11.17 AM City of Mer. Heinhts
Temp Check Number 56
Temp. _"--_..__. �. .. _- - - - -• -
Check
.Number�Jencor_Name pccount Code
56 P� b H t3hse 01-4305-050-50
�56��3_f3_idhse__._�_.,_. _ _.._ ._. .., .. �1-1►305-ID70^70 _...
56 P& H Whse I5-4305-060-60
—..1fi8� ._ __.»__.._ . � . ..__ .- - -. . _.
Total� Femo Check Nurnber 56
SempJrheck_Natnber _ 57
57 Performance Como 011-430F1-020-2@
57 -� ".__..._.__ _ .. . . _ _ _._. _
Totais Ternp Check iVumber 57
..._.__-__.. _....._. ._. . ... • --.- --_
Temp Check :�um5er 58
�58._P:ala�C.hev_._.... .. .. . R11-461Rr-020-20
58
�`atals�emp _C!seck !L'umber 5$ ... ._ .
Temp Check Number 59
59 Pete Poapler &^Sons 01-4500-050-50
_... 59�._ __...�._ _ .... . ... .- -- -
7otalx iema Check A:urnber 59
Jarap.�t+eak-.:�umber - _... .-----. ..60 _. _ . .
�fi0 Aawer Hrake Entrn IDI-4330-460^30
�aJ�.oiver Br�ke Entrp 01-4330-460^30
6Q Pawer Brake Entra 02-433Q-460-30
� arn __ _---•........ _ _ . , ....�. _ .. .
Totals Temo C.heck Number 60
�@mp�heck_,�um�er . 62 .. _
61 Prfnciaal Mutual Q1-2071 �
—6i-R�inripal -�tutual -_ _. . ..01-4E32-Qt20-20
61 Principal Mutual 01-413E-050-50
61 Principal Mutual 01-4132-070--70
�bl--PxiMci�ai_#�utual .. . . _ 25-4232-06II-60 .
305
�_..o•,*a�s 7emP-Check-lVumber.._ _...... .....6x--�---..._._ A .. .
Ternp Check �um5er 62
62 Proiesaional Turf & ftenovation 0:-4330-ziS-?0
�' ----�...- --..�..--•--._.-_._.._.._._.... .._---- .._..--- __...
Gomment�
�plys
salys
gplys
�plys
squad
tree rernaval
parts
parts
parts 2882
Page 10
Arnount
203.2f
i 03. 22
103.21
309. 63
8�. 72
82. 72
. .._ 17, 979. 00
17� 97'9. @0
50. 20
50. 00
72. 16
41 B. 78
40.94
531.88
,}ul prem 130.69
3u1 arem 99.9i
aul prem 21.97
�ul prem 43.63
,�ul prem 20.28
3i6.48
fertilizer .. w __�. ---� - � � P,372.28
.- --. _. _. __.._..---.._ _. __ _. .. _.__ .,.E, 3�8, 28 .
�
�
28 Jun f94b Claims List
Fri 11:17 A� ,� City of Mendata Heights
� � Temp Check Num�er 62
� Temp. '----...._ ..._ ... _ _ .
� Check ,
umben-Vendor-Name-•-- -- - Accaunt Cade
° Tutals Teroo Ghecic Number 62
a
eTerop Check 4+3umbe�^_.__.___ .. .. _63 . -
° 3-Brad-Raoan Inc fAi-A330-490^7@
�� 6a Brad Ragan Inc 01-4330-490-70
�:
63 Brad Racan inc 02-4330-490-70
r3 189._.---._ -
" Tatals Temo G'iecFc RSumber 63
,n �
�� Temp Check \um�er 64
Se -Ruf-F-. Cut — . _._ _. , . @1-4490-040-A0
iu
64
zt ta2s Tema,..Gheck-.Number -�-- - 64 -..
3emp Cheak iL'umSer b5
4
b5 Seal Master 01-4422-05ID-50
6 .
' _w_...�_._ . . ' ._ ._ _. _ _ .
2B Totais Tema Check �:ucnber 65
�rap�heck-!t'umber--__._. 65 � - -
a,
'Z 6b"8chumachers Inc 0#-4305-080-50
" -Schumacher$--Inc -�•- - s1-4305-070-70
66 Schumechers Inc 01-k305-050-50
" 56 Schumachers Inc 02-4305-05Pt-S0
6-Schumachers Inc GJ1-43@5-050-50
� . .
ae „'�30 -
'a ota�s-�emo•�Check Number 66 -• �
�ITernp Check \urn5er 67
�
" 67 Shamrack C:eaers 01-441@-0c^0-20
M .
,z ^ _�_..,__,._..... .. _. _. _ . . . .
� Tbta2s Temo CtsecFc Rumber 6?
48)
,o
P-•�t+eck =Nurn�er._... _ . . _ �8 .. _.. ._..._ _, .. .
' 68 L E Shauahnessy Jr 01-422fd-132-10
" 8-:n�-�taauQhnessy - Jr - . ,_ . . ._ .. , ._.--Id5-4220-332-15 ..
s2 68 L E SEiaughnessy Jr 1S-A22@-132-60 '
" 68 L E fihaug�nessy Jr 23-422(it-132-00
°• :+auohnessy._Jr ..... ..,. _ � . _..2a-k2^c@-132-00 -...---
»
se
1
_ Comments
rpr�
rprs
rors
weed cut
�_ �
tack
splys
sclya
solys
sp2ys
soly�
may aing
�un svc
� ur� svc
�un svc
�un svc
� un svo--
Oaae fi
R:rtount
70. 25
s4.32
26.28
13@. 84
160. 00
16Q. 00
305.97
30�. 97
113. 3$
287.12
48. 78
i 19. 68
9�. 31 -
661. zi
63. 26 •
61.26
1, 61k. 10 �
� 373.30
24'7. 55
8k.i5
. ..._ . 188.35 - . . _ _.
r
28 Jun 2'996
! Fri 11:17 p�t
Temp Check Num�er 80
' Temp. �--_, _. _ . _
= Check
' umber�teru3or._lVame.
° Totals Tema Gheck Number
e
—'..»._.�.—"__.. _. ...
�
a
e ���
�0 6rand Tota2.—_ . _ .._... _
. .._ , :x �
Clairr st
,, City of Mer Heights
Account Code
8Q!
Carnment �
Paqe 14 �
�/
, Arnount .
•162,843.I2
!.._..--- - • MANUAt GtiEGiCS
------_-.-�-- -.". 15877 •� 590.85 U S Post Affice newsletter
2, ' 15878 m z,5QQ.Q0 " refill �ter
" 15879 323.50 Cunninghams racr sptys
----------� - -• 15888 16:W Shawn 8lsbee umpire
. . 15883 157.80 Tom Knuth exp reimb
• 15&84 136,050.92 Vailey Paving Curleys impr
---•--�-� -• - _ - , �-15885--- • 250.08 • Greg Randolph • Best Buddies 8and
` • 15886 35,753.67 Payroll a/c fire & ho7iday pay
15887 4,538.57 Dakota gank ' "
. •---._.._. _._ .-,- - 15888 • - 1,973.67 PERA ' "
� ' 15889 ' qU.00 Minn Dept �Crnmerce notary fee
_ '_ 15890 64.22 pennis Oe]mont - exp rei�b
_ __...---, - - • 1584i : _. .- 346.15 laser Quipt mtcn
� 15892 33,135.Q0 Orvil Johnscn annuity
. 15893 3,811.91 State Cepitol C U 6/'ll payrol7
-•-- �-�-------- • • 15894 15.00 Minn Post Boatd certiticatian Lamhert
25895 i,538.72 Cam�erciat Asphelt wear mix
15896 i8.84 P�RA 6/21 payro1l
------ .. - .- . . • - � 15897 • • 8,94I:35 " . "
- 1589£3 I,I55.1+� ICl�A °
,' _ " 15$99 1,030.80 Minn Mutual "
•---- - -• - -• 15900 - 250.00 6reat West L & A "
� . 15901 245.OU Minrt S'tate Retirment "
' � 15902 266.�10 Oakata County "
-- �-•-- � 15903 308.98 Minn Dept Revenue "
15904 4d5.00 Dakota Bank "
., ' 25405 5:822.40 Co�missianer oF Revenue "
__...----.--- • • : I5906 17.81i3.0E3 Oakota Bank "
15907 49,370.69 Payroll a/c . '•
" � . . 306,713.46 '
—._. .- . . G.T. 468,562.58 •
r•^ ,.�_ , . : ' .. . , . � _ .. '
` „,. �.h�'� . . • �
: ^�" .
...
CITY OF MENDOTA HEIGHTS
1� M
a:
TO. Mayar, City Council and City A strator
FRC1M: 7ames E. Dana.els
.��. -
Public Works'Direc r
SUBJECT: Dakota. Bank/SuperAmerica. I7eveloper's Agreement,
Ta� Increment Agreement and Final Plat Appravals
DISCUSSION:
.� .
�
Council reviewed the propased Developer's Agreement and the Tax Increment
Financing (T�} Agreement for redevelopment of the Curley site at their June 18th meeting.
At that meeting Council delayed apgroval of the agreements for two weeks to allow time for
the City Attorney and staff to fine tune the agreements by making any final changes and filling
in all of the bl�wks. Attached are black lined cc}pies af thase two agreements highlighting all
the final changes that have been made. Included in the Mayar's signature file are clean copies
for signatures.
�na1 Plat
Alsa attached is a copy of the final plat which has been fiinalized according to the
preliminary plat which was reviewed and approveci by Council at an earlier meeting. Dakota
B�ank needs the �i�nal plat approved as saan as passible in arder ta facilitate transfer of Lat l,
Block 1, ta SuperAmerica. Accarding to the terms of the Developer's Agreement the
Developer will need to pay a$3,'750 pazk dedicatian fee hefare the City returns an executed
copy of the plat to them.
ACTION REQUIItED:
Review the attached Developer's and Tax Increment Financing Agreements and the
final p1at. If they are acceptable, pass a motion authorizing the Mayar and Clerk ta execute
the agreements and pass a motion adopting Resolution No. 96- , RFSOLUTION
APPROVING FINAL PLAT FOR DAKOTA VALLEY VlEW ADDITION
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 96-
.,
RESOLUTION APPROVING FINAL PLAT FOR
DAKOTA VALLEY VIEW ADDITION
WHEREAS, a final plat for Dakota Valley View Addition has been submitted to the
Council; and
WHEREAS, the City Council has reviewed said final plat.
NOW THEREFORE IT IS HEREBY RESOLVED, by the City Council of the City
of Mendota Heights, Minnesota, as follows:
1. That the final plat of Dakota Valley View Addition submitted at this meeting is
hereby approved.
2. That the appropriate City officials be and they are hereby authorized to execute
the fmal plat on behalf of the City of Mendota Heights.
Adopted by the City Council of the City of Mendota Heights this 2nd day of July, 1996.
CITY COUNCII.
CTTY OF MENDOTA HIIGHTS
:
ATTPST:
Kathleen M. Swanson, City Clerk
Charles E. Mertensotto, Mayor
G Z
,
�
SHERAtAN WIMHROP
�BEHI'R WEQiS1IIiE
�tiARD A. HOEL
RDGEFL D. GORDON
srev�t+c.xov�ux
STEPHENJ.SNYDER
MARVIN C INGBER
tIAIU'KUII.ER
DAVID P. PHARSON
7fiOMAS M. EiAla'N
DARRON G KNU150N
JOHNA.KNAPP
ERIC O. AtADSON
K CRAIG WQDPANG
MICHEIBD. VAIIIANCOURf
DAVm E. MORAN, JR.
DONALDJ.BROWN
JONJ.HOGANSON
SANDRA J. MAfVIN
GAIN W. SCHOKMII.LER
70DD B. URNE55
ru.io�nrr+. snnrr�r
SCOTIJ.DONGOSKH
PfiIERJ.GLECKEL
EDWARD J. DRENC1iL
JHFFRBY R ANSEL
LIURIHA.IINOCICB
LLOYD W. GF�OMS
MARK'LJOE�ISON
BItOOKS A POLEY
7HOMA5 H. BOYD
DANIEL C. BECK
PRIC 1 NYSfROM
JOANNE L MAIZEN
Dired Dial
(612) 290-8541
Mr. James Danielson
City Engineer
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
WINTHROP �Fr WEINSTINE
A PROPESSIONAL ASSOCIATION
Attorneys and Counselon at Law
3200 Minnesota Worid'hade Center
30 East Seventh Street
Saint Paul, Minnesota 55101
Telephone (612) 290-84d0
Fax(612)292-9347
3000 Dain Bosworth Plaza
60 South Sixth Street
Minneapolis, Minnesota 55402
'I�lephone (612) 347-0700
Pax (612) 347-0600
June 26, 1996
Re: Dakota Bank/SuperAmerica Development
Dear Jim:
PAUL W. MARKWARDT
NLIE W[DLEY SCHNELL
JEFFREY L SHIASBERG
KRLSiINPECER50NLeHRE
PAIRIQC W. WEBER
17MO7i1YJ. BCT[ENGA
CRAIG A. BRANDT
MICHAHL A. DOFFY
JAMOS W. DIERKING
CKhiERINH A DOMINGUEZ
li�:RESE M. MARSO
MHISSA A. ARND'f
SUZANNH M SPEi.l.ACY
CHRISPOPHER W. MADHL
TREVORV.GUNDERSON
su��. RoserrranL
MICHAELP. NOHRi
�P�Y �
St. Paul
KAREN L YASHAR
MATTHEW I BOOS
T[FPANYA BLOFIELD
7ROYA.CHAPMAN
NANCY L MOERSCH
BER{ GERSTEM 77MM
AUDREY L SMIISIA
BENJAMIN R. MULCAHY
IAl7RAA.PFEIFFER
CRAIG S. KRUMMEN
CELESfEJ.7AYIAR
JOSEPH S. FRIEDBERG
ojrountd
DANIEL W. HARDY
ofCoumt!
I have enclosed a clean and black-lined copy, respectively, for the Site Plan and Development
Agreement and Contract for Private Development for the above-referenced matter. With respect to the
Site Plan and Development Agreement, please note that E�chibit B, related to the variances granted with
respect to such development, must be attached to the Site Plan and Development Agreement. With
respect to the Contract for Private Development, please note the following: (a) on page 4, the
resolution number with respect to the plat must be inserted; and (b) E�chibits D and E regarding the
description of the Bank site improvements and the SuperAmerica site improvements, respectively, must
be attached to the Agreement. After you have had an opportuniry to review the latest draft, please call
me with any questions or comments you may have.
Very truly yours,
WINTHROP & WEINSTINE, P.A.
,
�z /
By-
Michael A. Duffy
M�����NEW:1184-1
Enclosures
cc: Thomas M. Hart, Esq.
`
NEW:1181: Comparison of 206126 Ver4Ner5: 6/26/96
SIT'E PLAN AND DEVELOPMENT AGREEMENT
This Agreement is made and entered into effective as of this -���- < 2nd > day of -4A4a3�
<Jul,�, 1996, by and between the CITY OF MENDOTA HEIGHTS, a Minnesota municipal
corporation (the "Ciry"), DAKOTA BANK, a Minnesota banking corporation (the "Bank"), and
SUPERAMERICA GROUP, a division of ASHLAND INC., a Kentucky corporation
("SuperAmerica").
RECITALS:
WHEREAS, the City approved on Apri12, 1996, the preliminary plat for Dakota Valley View
Addition (the "Subdivision"), comprised of certain real property located within the City and
legally described on Exhibit A attached hereto and made a part hereof (the "Property"); and
WHEREAS, the Subdivision consists of two lots for commercial use (the "Commercial Lots")
and five lots for detached single family dwellings (the "Residential Lots"); and
WHEREAS, on April 2, 1996, the City Council of the City granted conditional approval to
Dakota Bank to construct a commercial banking facility on Lot 1, Block 2 of the Subdivision
(the "Bank Facility") and conditional approval to SuperAmerica to construct a gasoline service
station/convenience store facility on Lot 1, Block 1 of the Subdivision (the "SuperAmerica
Facility"), subject to the terms and conditions set forth herein; and
WHEREAS, the Bank intends to acquire the Properry from the current fee owner thereof and
to sell Lot 1, Block 1 of the Subdivision to SuperAmerica thereafter;
NOW, THEREFORE, in consideration of the mutual covenants, promises and obligations of
the parties hereto set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, it is hereby agreed as follows:
1. City A� rp ovals. Subject to the terms and conditions of this Agreement, the City hereby:
A. Grants final plat approval for the Subdivision;
B. Grants to the Bank a conditional use permit for the development, maintenance and
use of a commercial banking facility including a drive-through facility on Lot l,
Block 2 of the Subdivision, to be constructed in accordance with the "Approved
Plans," as that term is defined in Paragraph 2 hereof;
C. Grants to SuperAmerica a conditional use permit for the development of the
SuperAmerica Facility on Lot 1, Block 1 of the Subdivision, including an
automatic car wash facility, all in accordance with the Approved Plans; and
D. Grants to the Bank and SugerAmerica, respectively, certain variances as set forth
in that certain Resolution 96��� < 20 >, passed by the City Council of the
City on April 16, 1996, a copy of which is attached hereto and incorporated
herein as E�chibit B(collectively, the "Variances").
2. Anproved Plans. The Bank and SuperAmerica (collectively, the "Developers") jointly
and severally agree that the Bank Facility and the SuperAmerica Facility (collectively, the
"Project") shall be developed, constructed, used and maintained in accordance with the following
drawings, plans and documents, which drawings, plans and documents are hereby approved by
the City (collectively, the "Approved Plans"): .
A. Site development drawings dated ���-�- < March 28 >, 1996, prepared
by �-�� < Boarman Kroos Pfister Ruding & Associates >, copies of which have
been delivered to the City and are contained in City Planning File No. -r� < 96-
05>;
B. SuperAmerica development drawings <. site plans prepared bv Insites > dated
7anuary 23, 1996 and revised , , ,
> > > >
, , < bv Insites on site plan (C21 drawings
dated March S. March 27. and May 21.1996. and on Landscape (Ll) drawing dated
February 6: and elevations prepared bv KKE dated Januarv 22. and revised bv
KKE on elevation (A3) drawin�s dated March 19. and Mav 22. 1996. copies of
which have been delivered to the City and> are contained in City Planning File No.
f � < 96-06 > ; and
C. Bank elevation drawings <dated March 15. 1996, presented 6v Boarman
Kroos Pfister Ruding & Associates > as presented at the meeting of the City Council
of the City on March 16, 1996, copies of which < have been delivered to the Citv
and > are contained in City Planning File No. f �< 96-05 >.
There shall be no material changes in the Approved Plans without the prior written consent of
the City. Upon completion of the Bank Facility, the Bank shall certify in writing to the City that
the Bank Facility has been developed and constructed strictly in accordance with the Approved
Plans. Upon completion of the construction of the SuperAmerica Facility, SuperAmerica shall
certify in writing to the City that the SuperAmerica Facility has been constructed and developed
strictly in accordance with the Approved Plans.
The Bank agrees to construct the Bank Faciliry, and SuperAmerica agrees to construct the
SugerAmerica Facility, in each case subject to the terms and conditions set forth herein, strictly
in accordance with the Approved Plans and jointly grant to the City right-of-way and easement
dedications as set forth hereinbelow and as reflected on the final plat of the Subdivision.
3. Restrictions on SuperAmerica Facilitv. SuperAmerica hereby agrees that the
SuperAmerica Facility will be constructed, used and maintained in accordance with the following
restrictions:
A. The SuperAmerica Facility shall he open to the public only during the hours of
S:UO a.m. through 11:00 p.m., Sunday through Thursday, and 5:00 a.m. through 12:00
-2-
(midnight), Friday and Saturday, subject to the right of the City to require more
restrictive hours as hereinafter set forth.
B. The numher of gasoline pumps located on the SuperAmerica Facility shall be
limited to 8 fueling stations at 2 islands.
C. There shall be no sales of diesel fuel from the SuperAmerica Facility.
D. SuperAmerica shall not store any merchandise outside of the buildings located on
Lot 1, Block 1 of the Subdivision.
E. T'he trash enclosure reflected on J��'��'��� T� <the Approved Plans> shall
be constructed set back 10 feet from the front of the principal structure of the
convenience store located on Lot 1, Block 1 of the Subdivision.
F. Parallel parking stalls shall he added on Lot 1, Block 1, along the north boundary
thereof, in number and location shall be subject to the further approval of the City.
G. All aluminum panels located below the front windows of the SuperAmerica
Facility as reflected on the Approved Plans shall he replaced with a brick veneer to
match the exterior building materials of the principal structure of the SuperAmerica
Facility.
H. The size of the canopy over the gas fueling stations shall not exceed 47 feet by
56 feet in size and shall not be higher than the roof of the principal structure of the
SuperAmerica Facility.
I. The car wash located in the SuperAmerica Facility shall not be operated at any
time without all doors thereto being closed, in order to minimize the noise levels
emanating therefrom during operation.
J. The provision of this Paragraph 3 are subject to final review and approval of the
design by the City of a proposal from SuperAmerica for a free standing monument sign.
K. The landscape plans shall be subject to further review and approval of the City.
SuperAmerica understands and agrees that the SuperAmerica Facility is to be developed,
operated, maintained and used, in accordance with the Approved Plans, as a neighborhood-scaled
gas station/convenience store and shall take all reasonable steps, and shall cooperate with the
City in goad faith, to insure that the SuperAmerica Facility continues to orient its operations to
serve the neighborhood in which it is located and to avoid any unnecessary or unreasonable
noise, odor or other interference with the peaceful enjoyment of such neighborhood by its
residents.
4. Changes in Operation of SuperAmerica Facility. SuperAmerica hereby ackriowledges
that the City may, at any time hereafter, amend the Conditional Use Permit with respect to the
SuperAmerica Facility, including, without limitation, reduction of hours of operation and/or
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�
limitation on use of the car wash contained therein, at any time that the City determines, in its
discretion, after conducting a public hearing and after giving to SuperAmerica not less than
thirty (30) days prior written notice of any hearing with respect thereto, and after allowing
SuperAmerica an opportunity to be heard at such hearing, that a rational basis exists for a
fmding that the existing use of the SuperAmerica Facility is having an adverse impact on the
neighborhootl in which the SuperAmerica Facility is lacated. SuperAmerica hereby agrees to
cooperate in good faith in all respects with the City with respect thereto, and acknowledges that
such changes in the operation of the SuperAmerica Facility shall he mandatory in the event of
the unilateral determination of the City Council of the City, as set forth above, of an adverse
impact on the neighborhood in which the SuperAmerica Facility is located. SuperAmerica
understands that the City shall not be obligated to expand the service hours for any reason.
5. Aonroval of Dakota Bank Plans. As of the date of this Agreement, the Bank has not
submitted to the City final development plans for the Bank Facility. The Bank agrees and
understands that the execution of this Agreement by the City, the approval of the Variances and
the issuance of the conditional use permit set forth herein are expressly made subject to the
subsequent review and approval, at the discretion of the City (which shall be exercised in a
manner consistent�with all applicable laws and ordinances) of all development plans, drawings
and specifications relating to the Banking Facility and any automated teller machines relating
thereto, and that the Bank shall not under any circumstances whatsoever be entitled to a building
permit with respect thereto until such plans, drawings and documents have been approved by the
City.
6. Construction of Landscape Buffer. The Bank shall construct or cause to be constructed
the landscape buffer separating the Commercial Lots from the Residential Lots, as reflected on
the Approved Plans. No Residential Lots shall be developed or sold, nor shall any of the
existing landscape buffer and wall be removed until construction of the Bank Facility and the
SuperAmerica Facility have been completed; provided, however, that the existing wall and/or
buffer, or portions thereof, may be removed contemporaneously with the construction of a
substitute wall and/or buffer.
7. Residential Lots.
A. The Developers agree to pay to the City a park dedication fee of $3,750 (5
Residential Lots x$750 each) will be paid to the City prior to execution of the final plat
of the Subdivision. '
B. Special assessments for the construction of sanitary sewer main for the Residential
Lots in the amount of -r Q �<$2.730.60 > per Residential Lot, and for the
construction of a water main line serving the Residential Lots, in the amount of
f Q �<$4,773.60 > per Residential Lot -�r�e�e�-�- < have been >
deferred in accordance with applicable Minnesota Statutes and < such special
assessments. plus accrued interest. > shall be payable to the City upon sale of each of
the Residential Lots, whether by deed, contract for deed or otherwise.
C. The Developers hereby consent to the imposition of additional special assessments
for street rehabilitation for each of the Residential Lots located on Mary Adele in the
C�
amount of T Q �<$3.SQ0 > per lot. The Developers hereby waive all
requirements of notice of, and hearing with respect to, the imposition and levying of such
special assessments and inevocably consent thereto.
D. The Developers hereby consent to the levying and imposition of special
assessments for the provision of certain utility services (sewer and water) against each
Residential Lot in the approximate amount of $2,100 per Residential Lot, and hereby
waive all requirements of notice of, and hearing with respect to, the imposition and
levying of such special assessments. The City acknowledges that the final amount of
such assessments shall be based on the actual cost of such unprovements, including
without limitation, an allocation of City engineering and overhead in accordance with
usual City practices.
8. Right of Way Easements. The Developers agree to dedicate all right-of-way easements
for the construction of the frontage road reflected on the final plat of the Subdivision at no
charge to the City, and agree to execute any and all such documents and instruments as the City
shall reasonably request in order to conf'um or effectuate such dedication. In addition, the
Developers hereby agree to dedicate a�ifteen foot (15') wide utility easement along the westerly
line of Lot 2, Block 2, as reflected on the final plat of the Subdivision.
9. Demolition of Existing Structures. SuperAmerica agrees to cause all existing structures
currently located on the Property to be demolished, and all demolition debris and rubble
removed, from the Property. The Developers both agree that such demolition shall be complete
prior to the commencement of any construction on either Lot 1, Black 1 or Lot 1, Block 2 of
the Subdivision.
Environmental Cleanun.
, , < Within sixt 60 .da s from
the date hereof. SuperAmerica shall obtain from> the Minnesota Pollution trol Agency
(the "MPCA") and � �"�" �'�*��^ � �M +'�� "��" . -��'�� � <the Ci , , > approval of a fmal
remedial investigation/conective action design ("RI/CAD") with respect to -r�����a
, < all hazardous substances, petroleum or
pEtroleum 6yproducts. �ollution or contamination on. under. from or to the Property (the
"Contamination"). SuperAmerica agrees to complete all removal and/or remediation
activities set forth in the approved RI/CAD and all other directives. orders,
communications or other requirements of the MPCA related to the Propert�
SuperAmerica agrees to obtain a"Site Closure Letter" and/or "Certificate of Completion"
regarding the Contamination. as ma�be applicable. from the MPCA or other appropriate
governmental agency no later than the two vear anniversarv of this Agreement.
SuperAmerica agrees to provide the City with all reports. correspondence. and any other
documentation re�arding the Contamination ation_beEe�es-aQailable�o_
S�e�e 'rP�c . > `� 2v�'
11. Events of Default; Remedies. In the event of (i) the failure of either of the Developers
to observe or perform any covenant, condition, obligation or agreement on its part to be
-5-
observed or performed under this Agreement, and the continuance of such failure for thirty (30)
days after written notice thereof from the City, or (ii) the failure by the Bank to observe or
perform any covenant, condition, obligation or agreement on its part to be observed or
performed under that certain Contract for Private Development of even date herewith entered
into by and between the City and the Bank relating to, among other things, certain tax increment
financing to be provided by the City in connection with the development of the Property and the
Project (any of the foregoing being hereinafter referred to as an "Event of Default"), in addition
to all other remedies available to the City at law or in equiry or elsewhere in this Agreement (a)
the City may suspend its performance under the Agreement as to the defaulting Developer until
it receives assurances from either or both of the Developers, as the case may be, deemed
adequate by the City in its discretion, that such party has cured its default and will continue its
performance under the Agreement; (b) the City may withhold any Certificate of Occupancy for
either the Bank Facility (if the Bank is in default) or the SuperAmerica Facility (if SuperAmerica
is in default); (c) the City may terminate the Conditional Use Permit granted to the defaulting
Developer hereunder and may otherwise terminate this Agreement as to the defaulting
Develoger; or (d) the City may initiate an action seeking damages, specific performance of this
Agreement or any other relief available at law or in equity. In the event that the City is forced
to incur out-of-pocket costs or expenses, including, without limitation, reasonable attomeys'
fees, after an Event of Default hereunder, the defaulting Developer shall immediately reimburse
the City for all such costs or expenses upon demand.
12. No Waiver. No remedy being confened upon or reserved to the City or either the
Developers hereunder is intended to be exclusive of any other available remedy or remedies, but
each and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Agreement or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impair any such
right or power or shall be construed to be a waiver thereof, but any such right and power may
be exercised from time to time in writing and as often as may be deemed expedient.
13. Non-Discrimination. The Developers shall not discriminate upon the basis of race,
color, creed, sex or national origin in the sale, lease or rental or in the use or occupancy of any
portion of the Property or any improvements erected or to be erected thereon, or any part
thereof.
14. Notices. Except as otherwise expressly provided in this Agreement, a notice, demand
or other communication under this Agreement by any party to any other party hereunder shall
be sufficiently given or delivered if it is dispatched by registered or certified mail, postage
prepaid, retum receipt requested, or delivered personally, or sent by facsimile, as follows, or
to such other address as such party shall advise the others in writing as hereinafter set forth from
time to time:
�
(1) If to the Bank, to:
Dakota Bank
750 South Plaza Drive
Mendota Heights, MN 55118
Attn: President
FAX No.: 612-452-4651
(2) If to SuperAmerica Group, a division of Ashland Inc., to:
SuperAmerica Group, a division of Ashland Inc.
P.O. Box 140{}0
Lexington, Kentucky 40512
Attn: Corporate Real Estate
FAX No.: 606-357-7869
(3) If to the City, to:
City of Mendota Heights
1101 Victoria C�rve
Mendota Heights, MN 55118
Attn: City Administrator
FAX No.: 612-452-8940
15. Indemnification. The Developers jointly agree, that anything to the contrary herein
notwithstanding, the City and its agents, officers, council members, employees and legal counsel
shall not be liable or responsible in any manner �o either of the Developers, their respective
contractors, material suppliers, laborers, or to any other person or persons whatsoever, for any
claim, demand, damages, acdons or cause of action, of any kind or ch�racter arising out of or
by reason of the execution of this Agreement, the transaction contemplated hereby, the
acquisition, construction, installation, ownership and operation of the Project, or any public
improvements relating thereto. The Developers will jointly and severally indemnify and save
the City harmless from any and all clauns, demands, damages, actions or causes of action, or
the cost of disbursements and the exgenses of defending the same, specifically including, without
intending to limit the categories of such costs, costs and expenses for City administrative time
and labor, costs of engineering and planning services, and costs of all legal services rendered,
and other direct out-of-pocket expenses incurred, in connection with defending such claims as
may be brought against the City for acts, allegedly directly or indirectly relating to, occurring
at or about, or resulting or arising from the Project in any way whatsoever, unless such clauns
or damages are caused solely by the negligence or willful acts of the City, its agents, officers
or employees.
16. Governing Law. The City and Developer agree that this Agreement shall be governed
by and construed in accordance with the laws of the State of Minnesota.
��
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�
17. Successors and Assigns. The covenants, duties and obligations of the parties hereto shall
run with the land and shall be binding upon the respective heirs, successors and assigns of the
respective parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective duly authorized representatives effective as of the date and year first above
written.
STP:206126-l4> <5>
CITY OF MENDOTA HEIGHTS
By:
Its Mayor
ATTEST:
Its City Clerk
SUPERAMERICA GROUP, a division of Ashland
Inc.
� By:
Its:
I� '
: � � : '4- �-
I�
:
Its President
NEW:1183. Comparison of 207012 Ver4Ner5: 6�26�96
CONTRACT FOR
PRIVATE DEVELOPMENT
THIS AGREEMENT, made on or as of the f�- < 2nd > day of -��1�y�- < Julv> ,
1996, by and among The City of Mendota Heights (the "City"), a statutory city of the State
of Minnesota 55118, having its principal offices at 1101 Victoria Curve, Mendota Heights,
Minnesota, and Dakota Bank, a Minnesota banking corporation (the "Bank"), with its principal
office at 750 South Plaza Drive, Mendota Heights, Minnesota 55118, and SuperAmerica
Group, a division of Ashland Inc., a Kentucky corporation, with its principal o�ce at
Lexington, Kentucky <("SuperAmerica") (the Bank and SuperAmerica are collectively
referred to herein as the "Developers") >.
WITNESETH:
WHEREAS, the City is a statutory city of the fourth class organized and existing pursuant to
the Constitution and laws of the State of Minnesota and is govemed by the City Council (the �
"Council") of the City; and
WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Sections
469.124 through 469.134, as amended (the "Act"), the Council is authorized to establish
development districts in order to provide for the development and redevelopment of the City;
and
WHEREAS, pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174 (the "Tax Increment Act"), as aBiended, the Council is authorized to finance
the capital and administration costs of a development district with tax increment revenues derived
from a tax increment financing district established within such development district; and
WHEREAS, the Council has adopted the Development Program (the "Development Plan") on
May 5, 1981 creating Development District Number 1(the "Development District") pursuant
to the Act; and
WHEREAS, in connection with the Development Plan the Council of the City has established
a tax increment financing district pursuant to the Tax Increment Act (the "Tax Increment
District"); and
WHEREAS, the City believes that the development of the Development District pursuant to this
Agreement, and fulfillment generally of the terms of this Agreement, are in the best interests
of the City and the health, safety, morals and welfare of its residents, and in accord with the
public purposes and provisions of applicable federal, state and local laws under which the
Development Plan is being undertaken and assisted;
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties
hereto, each of them does hereby covenant and agree with the other as follows:
ARTICLE I.
Definitions
Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from
the context:
"Act" means the Municipal Development Districts Act, Minnesota Statutes, Sections
469.124-469.134, as amended.
"Actual Knowledge" means, with respect to any representation made herein, the
awareness of facts or information, or the absence of facts or information, by a natural
person, or, in the case of a legal entity, any officer of such entity. For purposes of this
Agreement, Actual Knowledge shall include any facts discoverable by any person in the
exercise of reasonable diligence.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended, or supplemented.
"Bank Facility" means an approximately 12,000 square foot, two story commercial
banking facility to be constructed on Lot 1, Block 2 of the Subdivision as more
particularly set forth in the Site Plan Agreement.
"Bank Note" means the Limited Revenue Tax Increment Note in the original principal
amount of � � < �vo Hundred Thi �-Five >
Thousand and 00/100 Dollars <($235.000.00) > or such lesser
amount determined pursuant to Section 3.7 hereof, and providing for the payment of
interest as set forth therein, substantially in the form of Exhibit B attached to and
incorporated in this Agreement, and to be made by the City payable to the order of the
Bank and delivered by the City to the Bank in accordance with Section 3.7 hereof.
"Bank Property" means Lot 1, Block 2 of the Subdivision.
"Bank Site Improvements" means, collectively, the Bank Facility and all those certain
improvements to Lot 1, Black 2 and Lots 2 through 6, Block 2 of the Subdivision
described on E�ibit D attached hereto and incorporated herein.
"Certificate of Completion" means the written certification by the City that the Site
Improvements have been completed in accordance with the terms of the Agreement.
"City" means the City of Mendota Heights, Minnesota.
"Completion Date" means the date the Certificate of Completion is issued by the City.
"Construction Plans" means the plans, specifcations, drawings and documents related
to the Development Property and the construction work to be performed by the
-2-
Developers on the Development Property including, but not limited to, the following:
(1) as-built survey of Development Property, (2) site plan; (3) foundation plan; (4) floor
plan for each floor; (5) cross sections of each (length and width); (6) elevations (all
sides); (7) facade and landscape plan; and (8) such other plans or supplements to the
foregoing plans as the City may reasonably request.
"Council" means the city council of the City.
"County" means the County of Dakota, State of Minnesota.
"Demolition Payment" means the payment to be made to SuperAmerica by the City
pursuant to Section -E3-4�� < 3.5 > hereof.
"Demolition Work" means the demolition and removal of all improvements located on
the Development Property as of the date hereof, and all debris and rubble relating
thereto. _
"Development District" means the Development District Number 1 created by the City
pursuant to the Development Plan.
"Development Plan" means the Development Program for Development District
Number 1 adopted by the Council on May 5, 1981, as the same may be amended.
"Development Property" means the real property legally described on Exhibit A
attached hereto and incorporated herein, which has been subdivided pursuant to the
subdivision.
"Environmental Report" means that certain Environmental Assessment - Phase I dated
May 7, 1996 prepared by Delta Environmental Consultants, Inc. with respect to the
Development Property and addressed to Developer.
"Event of Default" means an action or event described in Section 7.1 of this Agreement.
"�Yontage Road" means that certain public roadway identified as
$� < frontage road on the elat of Dakota Valley View Addition set forth on
Exhi6it F> attached hereto. -
"Notes" means, collectively, the Bank Note and the SuperAmerica Note.
"Permitted Transfer" means (i) the transfer of the Residential Lots after completion of
the Bank Facility and the SuperAmerica Facility, (ii) the leasing in the ordinary course
of business of portions of the Bank Facility which are not occupied by the Bank, < or >
(iii) ,
, any
conveyance or disposition of the Development Property or an ownership interest in
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either of the Developers which is excepted from the definition of Transfer set forth
below.
"Preliminary Development Plan" shall mean, collectively, the Construction Plans and
all other writings, drawings or other artistic renderings, applications, agreements or other
documents submitted to and approved by the City in connection with this Agreement
and/or the Project.
"Project" means the acquisition of the Development Property, the completion of the
Demolition Work and the construction of the Site Improvements thereon.
"Purchase Agreement" means a written agreement between the Banlc and the current
owner of the Development Property which provides for the purchase and acquisition of
the Development Property by the Bank.
"Site Development Drawings" means those drawings, plans and specifications identi�ed
in the Site Plan Agreement as the "Approved Plans."
"Site Improvements" means, collectively, the Bank Site Improvements and the
SuperAmerica Site Improvements.
"Site Plan Agreement" means that certain Site Plan and Development Agreement dated
-� �< Julv 2>, 1996 by and among the Bank, the City and
SuperAmerica.
"State" means the State of Minnesota.
"Subdivision" means the fmal plat of Dakota Valley View Addition, as approved by the
City Council pursuant to Resolution No. �e� �< 96- on
Julv 2 > , 1996.
"SuperAmerica" means SuperAmerica Group, a division of Ashland Inc., a Kentucky
corporation.
"SuperAmerica Facility" means the gasoline station/convenience store facility to be
owned and operated by SuperAmerica and to be constructed on Lot 1, Block 1 of the
Subdivision, as more particularly set forth in the Site Plan Agreement.
"SuperAmerica Note" means the Limited Revenue Tax Increment Note in the original
principal amount of � �< One Hundred Fortv >
Thousand and 00/100 Dollars �'Q ^^` �<($140.040.00) > or such lesser
amount determined pursuant to Section 3.7 hereof, and providing for payment of interest
as set forth therein, substantially in the form of Exhibit C attached hereto and
incorporated in this Agreement, and to be made by the City payable to the order of
SuperAmerica and delivered by the City to SuperAmerica in accordance with Section 3.7
hereof.
-4-
"SuperAmerica Property" means Lot 1, Black 1 of the Subdivision.
"SuperAmerica Site Improvements" means, collectively, the SuperAmerica Facility and
all those certain improvements to Lot 1, Block 1 of the Subdivision described on
Exhibit E attached hereto and incorporated herein.
"Tax Increment" means that portion of the real estate taxes paid with respect to the
Development Properry which is remitted to the City as tax increment pursuant to the Tax
Increment Act.
"Tax Increment Act" means the Tax Increment Financing Act, Minnesota Statutes,
Sections 469.174-469.179, as amended.
"Tax Increment District" means the Tax Increment Financing District Number 1 created
and amended by the City pursuant to the Tax Increment Plan adopted in connection with
the Development Plan. '
"�'ax Increment Plan" means the Tax Increment Financing Plan adopted by the City on
May 5, 1981, in connection with the creation of the Tax Increment District.
"Tax Official" means any City or county assessor; County auditor; City, County or State
board of equalization, the commissioner of revenue of the State, or any State or federal
district court, the tax court of the State, or the State Supreme Court.
"Transfer" means the sale, assignment, conveyance, lease, transfer, foreclosure, or other
disposition of (i) the Development Property or any part thereof or interest therein or (ii)
the Site Improvements, or any portion thereof or (iii) the sale, exchange or transfer of
greater than a fifty percent (50%) interest in the ownership, profits, or capital of either
of the Developers, determined with reference to all such exchanges occurring after the
date hereof, provided, however, that any determination under clauses (i), (ii) or (iii)
above shall not include (A) any transfer or disposition to a corporation, partnership,
limited liability company or trust more than 50 % of the beneficial interest of which is
owned or controlled by either of the Developers, or (B) any transfer to a natural person
who holds an ownership interest in either of the Developers as of the date hereof or such
person's spouse, children, grandchildren, grandparents, or parents, or an entity more
than fifty percent (50%) of the beneficial interest of which is owned by one or more such
persons or (C) any transfer or disposition of unrestricted stock of a publicly traded
company.
"Unavoidable Delays" means delays which are the direct result of strikes, shortages of
materials, war or civil commotion, delays which are the direct result of unforeseeable
and unavoidable casualties to the Site Improvements, the Development Property or the
equipment used to construct the Site Improvements, delays which are the direct result of
govemmental action or inaction beyond the control of either of the Developers, delays
which are the direct result of judicial action commenced by third parties, citizen
opposition or action affecting the Project or adverse weather conditions, or to any other
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cause or action beyond the reasonable control of the party seeking to � be excused as a
result of its occurrence.
ARTICLE II.
Representations and Warranties
Section 2.1. ReQresentations bv the City. The City makes the following representations as
the basis for the undertaking on its part herein contained:
a. Status of Citv. The City is a statutory city of the State with all the powers of
a statutory city of the fourth class duly organized and existing under the laws of the
State. Under the provisions of the Act and any other applicable laws, the City has the
power to enter into this Agreement and carry out its obligations hereunder.
b. Compliance with Laws. The City has created, adopted and approved the
Development District and Tax Increment District in accordance with the respective terms
of the Act and the Tax Increment Act.
c. Issuance of Note. To fmance a portion of the obligations of the City hereunder,
the City proposes to make the Notes payable to the respective Developers in accordance
with the provisions hereof and to pledge tax increment generated by the Tax Increment
District to the payment of the principal and interest on the Notes according to its terms.
d. No Warrantv as to Development PropertY. The City makes no representations,
guaranty or warranty, either express or implied, as to the Development Property, or any
portion thereof, its condition, or its suitability for the Developers' purposes or needs or
the economic feasibility of the Project.
Section 2.2. Representations. Covenants and Warranties by the Developer. The Bank
hereby represents and warrants, as to the Bank, and Superamerica hereby represents and
warrants, as to SuperAmerica, that:
a. Status. The Bank is a Minnesota banking corporation, which is duly qualified
to do business in the State of Minnesota and which has duly authorized the execution and
implementation of this Agreement through all necessary corporate action. SuperAmerica
is a Kentucky corporation which is duly qualified to do business in the State of
Minnesota and which has duly authorized the execution and implementation of this
Agreement through all necessary corporate action.
b. Authori . This Agreement has been duly and validly executed and delivered by
each of the Developers and constitutes the valid and binding obligation of each of the
Developers according to its terms, enforceable against < each > Developer except as
the enforcement thereof may be limited by bankruptcy and other laws of general
application relating to creditors' rights or general principles of equity. The execution of
this Agreement by each of the Developers has been duly authorized by the appropriate
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officers of the respective Developers, and no further action is required for the
performance by either of the Developers of its obligations hereunder. `
c. Consents. Except as disclosed in this Agreement, no consent, approval, order,
authorization, registration, declaration, filing, waiver or notice to any government entity
or third party is required or necessary to be obtained by either of the Developers in
connection with the execution, delivery and performance of this Agreement.
d. No Violation. Neither the execution and delivery of this Agreement, the
consummation of the transactions contemplated hereby, the acquisition, construction and
development of the Development Property, nor the fulfillment of or compliance with the
terms and conditions of this Agreement is prevented, limited by or conflict with or result
in a breach of, the terms, conditions or provisions or any corporate restriction or any
evidences of indebtedness, agreement or instrument of whatever nature to which either
of the Developers is now a party or by which it is bound, or constitutes a default under
any of the foregoing. �
e. Title. Subject to the provisions of Section 6.2 (Consequences of Transfer) (i) the
Bank is and shall be the owner of Lot 1, Black 2 and Lots 2 through 6, Block 2 of the
Subdivision; and (ii) SuperAmerica is and shall be the owner of Lot 1, Block 1 of the
Subdivision. Except for matters disclosed in this Agreement, there are no pending or
threatened claims, lawsuits, or disputes with respect to the Development Property or
Developer's ownership thereof.
f. Compliance with Laws. The Developers shall operate and maintain the Site
Improvements in all material aspects in accordance with the terms of this Agreement, the
Development Plan and all applicable local, state and federal laws and regulations
(including, but not limited to, environmental, zoning, building code and public health
laws and regulations).
g. Energy Conservation. The Developers shall construct the respective Site
Improvements in accordance with all applicable local, state or federal
energy-conservation laws or regulations.
h. Permits and Licenses. Subject to Unavoidable Delays, the Developers shall
obtain, in a timely manner, all required permits, reviews, clearances, licenses and
approvals, and will meet, in a timely manner, the requirements of all applicable local,
state and federal laws and regulations which must be obtained or met before the Site
Improvements may be lawfully constructed.
i. Cost of Site Improvements. The Bank covenants that the cost of the Bank Site
Improvements shall be not less than � Q �<$1.850.000.00 >.
SuperAmerica covenants that the cost of the SuperAmerica Site Improvements shall be
not less than � Q � < $800.000.00 > .
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j. Necessitv of Assistance. The Developers acknowledge, represent and agree that,
but for the assistance provided by the City under the Agreement, they would not be able
to undertake the Project within the foreseeable future.
k. Hazardous Waste. Except as otherwise set forth in the Environmental Report,
no asbestos, urea formaldehyde, polychlorinated biphenyls, nuclear fuel or materials,
chemical waste, radioactive materials, explosives, known carcinogens, petroleum
products or other pollutants, contaminants, chemicals, materials or substances defined as
"hazardous waste, " "hazardous substance, " "hazardous constituent, " "solid waste, " or
"toxic substance" (all of the foregoing are referred to collectively hereinafter as
"Hazardous Materials") the release or disposal of wluch is regulated by any federal, state
or lacal statute, regulation, order, treaty, code, publication or ordinance (or any
amendment thereto) related to human health or the environment including, without
lunitation, any law, regulation or ordinance concerning the protection and preservation
of natural resources, air, water, noise or soil pollution or contamination, or Hazardous
Materials use, generation, storage or disposal, ("Environmental Law") aze, to the best
of either Developer's Actual Knowledge, located on, in, about or under the Development
Property, and, to the best of either Developer's Actual Knowledge, except as otherwise
set forth in the Environmental Report, none of Development Property has ever been
utilized for the storage, manufacture, disposal, handling, transportation or use of any
Hazardous Materials.
I. Materials Permits. All permits, licenses and similar authorizations and approvals
necessary or required under all Environmental Laws, including those for any Hazardous
Materials stored, used or manufactured within or on the Development Properiy have, to
the best of each Developer's Actual Knowledge, been obtained, are being complied with
and are in full force and effect, and �ke� < each > Developer has complied with all
other reporting, filing and other requirements under the Environmental Laws.
m. No Environmental Proceedings. Except as otherwise set forth in the
Environmental Report, to the best of either Develoger's Actual Knowledge, there are no
existing, proposed, threatened, or pending investigations, admuiistrative proceedings,
litigation, regulatory hearings or other actions conceming any the Development Property
and alleging noncompliance with or violation of any Environmental Law or relating to
any required environmental permits or licenses.
n. No Environmental Listin�. Other than inclusion of the Development Property
on the "LUST Site" list (i.e. list of leaking underground storage tank sites) maintained
by the Minnesota Pollution Control Agency, to the best of either Developer's Actual
Knowledge no portion of the Development Property is listed in the United States
Environmental Protection Agency's National Priorities List of Hazardous Waste Sites nor
any other list, schedule, log, inventory or record of hazardous waste sites maintained by
any federal, state or local agency.
o. No Required Testing. Except as otherwise set forth in the Environmental
Report, neither Developer has received any written notification from any city, county,
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state or federal governmental authority, agency or instrumentality requiring any work or
testing to be done on or about the Development Properiy.
p. Disclosure. No representation or warranty of either Developer in this Agreement
and no statement contained in this Agreement or in any document delivered or to be
delivered pursuant hereto contains or will contain an untrue statement of material fact or
omits or will omit to state any material fact necessary to make the statements herein or
therein contained, in light of the circumstances under which made, not misleading; it
being understoad that as used in this subparagraph "material" means material to any
individual statement or omission and in the aggregate as to all statements and omissions.
All reports and investigations commissioned or otherwise received by the Developers
conceming the Development Property and relating to Hazardous Materials have been
disclosed to the City.
q. Damage; Destruction or Condemnation of the Site Improvements. In the event
that the Bank Site Improvements or the SuperAmerica -Site Improvements, after
completion thereof and issuance by the City of the Notes, are damaged or destroyed by
rue or other casualty, or a portion thereof is taken by a condemning authority, the Bank
(as to the Bank Site Improvements) or SuperAmerica (as to the SuperAmerica Site
Improvements) shall cause the damaged, destroyed or condemned Site Improvements to
be repaired and restored to their condition prior to such casualty or, in the case of a
partial taking, restored to an architecturally complete whole, in good faith and with all
due diligence.
r. Reliance. The foregoing representations, warranties and covenants are made by
each Developer with the knowledge and expectation that the City is relying thereon.
s. Survival. The foregoing representations, warranties and covenants, together with
any and all other representations, warranties and covenants contained in this Agreement,
shall survive consummation of the transactions contemplated by this Agreement.
ARTICLE III.
UNDERTAKINGS OF CITY AND <DEVELOPERS>
Section 3.1. Place of Document Execution. Deliver`y and Recording. Unless otherwise
mutually agreed by the City and the Developers, the execution and delivery of all documents and
payment of any amounts due hereunder shall be made at the offices of the City.
Section 3.2. Public Costs. The City and the Developers hereby stipulate and agree that the
assistance provided pursuant to this Agreement, including without limitation the Demolition
Payment and the Notes, is intended to reimburse the Developers for "'�� D�;-�'�,.���'�,� ^����
< a portion of the Demolition Costs.
the costs of the Bank Site Improvements and the costs of the SuperAmerica _Site
Improvements >, and that such assistance is in furtherance of the purposes of the Development
Plan, the Act, the Tax Increment Act, and/or necessitated by the unique characteristics of the
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Development Property, its proximity to the Minneapolis/St. Paul International Airport, and/or
the topography of the Development Property site.
Section 3.3. Construction of the Bank Facilitv. The Bank shall construct the Bank Facility
on Lot 1, Block 2 of the Subdivision, subject to approval of the plans and specifications therefor
by the City, in its discretion and issuance by the City of a building permit therefor.
Section 3.4. Construction of the SuperAmerica Facilitv. SuperAmerica shall construct the
SuperAmerica Facility on Lot 1, Block 1 of the Subdivision, subject to approval of the plans and
specifications therefor by the City, in its discretion and issuance by the City of a building permit
therefor.
Section 3.5. City Reunbursement for Demolition Work. Superamerica agrees to perform
all Demolition Work in a good and workmanlike manner. Upon approval by the City of the
completion of all Demolition Work, SuperAmerica shall provide to the City a sworn construction
statement signed by SuperAmerica and its general contractor certifying to the City the total
construction cost incurred in completing the Demolidon Work. So long as no Event of Default
shall have occurred, the City shall as soon as reasonably practicable thereafter reimburse to
SuperAmerica the sum of up to $50,000.00 for application by SuperAmerica against costs
actually incurred by SuperAmerica in completing the Demolition Work.
Section 3.6. Frontage Road. So long as no Event of Default shall have occurred, the City
agrees to cause the Frontage Road, along with storm sewer and water lines, to be constructed
to serve the Development Property, without assessment of the cost thereof to the Development
Property. -l-�oper-� < The Developers > hereby ��- < grant > to the City a
temporary construction easement over and across �e�ie�re€-�- the Development Property
����-�- described on Exhi6it �� < A> attached hereto and incorporated herein to allow
the City to perform its obligations under this Section 3.6 <. The > Developers agree to execute
any and all easement documents reasonably requested by the City to effectuate such easement.
Such temporary construction easement shall terminate, unless otherwise extended by written
agreement between the City and the —4Be�elepe� < Developers >, not later than
! ,'"° �<December 31. 1997> . Developers acknowledge and agree that the
City shall not in any way initiate construction of the Frontage Road, or incur any expenditures
in connection therewith, until such time as the Demolition Work has been completed and the
City has approved the completion thereof, unless the City otherwise determines in its sole and
absolute discretion, to proceed with such construction prior thereto.
Section 3.7. Limited Revenue Tax Increment Notes.
a. So long as no Event of Default shall have occurred, upon issuance by the City of
the Certificates of Completion for the Site Improvements and certificates of occupancy
for both the SuperAmerica Facility and the Bank Facility, the City shall make and deliver
the Notes to the respective Developers. If the Certificates of Completion are issued not
later than December 31, 1997, the aggregate principal amounts of the Notes shall be
$375,(}00.00. If the Certificates of Completion are issued after such date, the aggregate
principal amounts of the Notes shall be reduced pro rata in an amount equal to the
principal portion of any "Scheduled Payments" (as defined in the respective Notes) which
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would otherwise have been paid during the period prior to the date of issuance of the
Certificates of Completion and for the balance of the then current calendar year.
b. The City's obligation to make Scheduled Payments on the �'`-�a� < Notes >
shall be limited to the aggregate amount of Tax Increment which the City has received
from the County, less all prior Scheduled Payments ("Available Tax Increment").
c. In the event that either Developer shall fail to pay the real property taxes assessed
and payable against any portion of the Development Property on or before the due date
for such taxes prescribed in Minnesota Statutes, Section 277.01 ("Delinquent Tax"), the
City shall be forever relieved of its obligation to make the next Scheduled Payment under
and pursuant to the Note issued to the defaulting Develoger ("Forfeited Payment"). The
amount of Tax Increment attributable to the Forfeited Payment shall be includable in the
determination of Available Tax Increment with respect to Scheduled Payments other than
the Forfeited Payment only in the event that (i) the Delinquent Tax is remitted to the
County, together with any applicable penalty or interest charges, and (ii) all other
Delinquent Tax payments are brought current. Thereafter, all Scheduled Payments (other
than the Forfeited Payment) shall be paid in accordance with the terms and conditions
of the Notes and of this Agreement. The City shall not be obligated to make Scheduled
Payments unless and until all taxes are paid in full and current, together with any interest
or penalties attributable thereto.
d. The City shall forever be relieved of its obligation to make Scheduled Payments
under (i) the Bank Note, in the event that the Bank shall cause or suffer a Transfer of
the property on which the Bank Facility is to be located at any time after the date hereof
or (ii) the SuperAmerica Note, in the event that SuperAmerica shall cause or suffer a
Transfer of the SuperAmerica Property at any time after the date hereof.
Section 3.8. Conditions to Citv's Reimbursement Obligation. In connection with
performance by the City with respect to its other obligations pursuant to this Agreement, and
as a condition precedent thereto, the City shall require each of the Developers to (i) provide an
opinion of counsel acceptable to the City that the financial assistance provided hereunder is a
permissible expenditure of funds pursuant to the Act and the Tax Increment Act, and (ii) pay
the City's expenses of counsel in connection with the preparation, execution, and filing of this
Agreement. In addition, the City may at any time as a condition to performance by the City
hereunder, require the Developers to submit evidence of compliance by the Developers with the
terms and conditions of this Agreement.
ARTICLE IV.
CONSTRUCTION OF DEMOLITION WORK AND SITE IMPROVEMENTS
Section 4.1. Completion of Demolition Work. SuperAmerica agrees that it will complete the
Demolition Work on the Development Property in accordance with the approved Preliminary
Development Plan on or before December 31, 1996, subject to Unavoidable Delays. The
SuperAmerica shall take all steps necessary to secure the Development Property to prevent
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public access thereto during and after the Demolition Work until such time as the Development
Property has been graded in full and all debris and rubble removed therefrom.
Prior to completion of the Demolition Work, �< each > Developer shall make reports,
in such detail and at such times as may reasonably be requested by the City, as to the actual
progress of �`��e�e�-� < SuperAmerica > with respect to such Demolition Work.
Section 4.2. Preliminary Development Plan. Prior to commencement of construction of the
Site Improvements, each of the Developers shall jointly submit the Preliminary Development
Plan to the City for approval. The Preliminary Development Plan shall be consistent in all
respects with any description of the Project provided to the Council by the Developers in
connection with the Developers' request for assistance provided pursuant to this Agreement.
The City may reject the Preliminary Development Plan, or request changes thereto, in its
discretion based on applicable ordinances and other laws.
a. Approval of Preliminary Development Plan. The City's performance hereunder
is conditioned upon and subject in its entirety to its review and approval of the
Preliminary Development Plan, and upon compliance by the Developers with all
applicable laws and satisfaction of all City requirements (including planning and zoning,
building codes, etc.) for projects of this nature.
b. Changes in Plans. If either of the Developers desires to make any material
change in the Preluninary Development Plan, such Developer shall submit the proposed
change to the City for its approval. The Developers acknowledge that upon entering this
Agreement, the City in no way waives its right of final approval of materials and
submissions required herein, including, but not limited to, final Construction Plans, and
the City expressly reserves its right to deny approval of any plans and permits should
either of the Developers fail to proceed in accordance with this Agreement and/or fail
to perform in total compliance with the obligations herein and the requirements of the
City's Zoning Ordinance and City's Subdivision Ordinance and other applicable City
codes and ordinances affecting the Construction Plans and/or the Development Property.
c. Effect of Citp Approval. Except as specifically provided in writing by the City
or any department or official thereof for the specific, limited purpose of such writing,
the approval of the Preliminary Development Plan (or any amendments thereto) by the
City or the Council shall not constitute a representation or warranty that such plans, the
Site Lnprovements, or the Development Property comply with any applicable building
code, health or safety regulation, environmental law, or other law or regulation, or that
the Site Improvements will meet the gualifications for issuance of a certificate of
occupancy. Approval of the Developer's plans by the City or any department or official
thereof shall not constitute a waiver by the City of any Event of Default occurring
hereunder.
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Section 4.3. Completion of Demolition Work and Site Improvements.
a. Notification of Citv. The Developers will notify the City when (i) the
Demolition Work has been completed and (ii) when the Site Improvements have been
completed. The City shall have the right, but not the obligation, to inspect the
Development Property upon notice of completion of the Demolition Work and/or the Site
Improvements from the Developers. Inspection of the Development Property by the City
shall not constitute a representation or warranty by the City that the Development
Property, the Demolition Work or the Site Improvements comply with any applicable
building code, health or safery regulation, zoning regulation, environmental law.
b. Notice of Defects. If the City shall find the state of the Demolition Work, the
Site Improvements or either Developer's documentary evidence thereof unacceptable, the
City shall, within twenty (20) days after written request by the Developers, provide the
Developers with a written statement, indicating in adequate detail in what respects either
of the Developers has failed to complete the Demolition Work or the Site Improvements,
as the case may be, in accordance with the provisions of the Agreement, or is otherwise
in default, and what measures or acts will be necessary, in the opinion of the City, for
the Developers to take or perform in order to remedy any such condition.
Section 4.4. Additional Responsibilities of Developer.
a. Maintenance of Public Easements. Neither Developer will construct or allow
to be constructed any building, structure, or improvement on, over, or within the
boundary lines of any public utility easement unless such construction is provided for in
such easement or has been approved by the utility involved.
b. Utilitp Installation. The Bank shall be responsible for the full and prompt
payment of all utility access charges with respect to the Bank Site Improvements
(including SAC and WAC). SuperAmerica shall be responsible for the full and prompt
payment of all utility access charges with respect to the SuperAmerica Site Improvements
(including SAC and WAC). Developers shall further bear the cost of the relocation of
any existing public or private utilities which may be caused or necessitated by the
construction of the Site Improvements.
c. Repair of Public Facilities. < The > Developers shall, at their sole cost and
expense, replace any public facilities or public utilities damaged in connection with the
Demolition Work or the construction of the Site Improvements, the Bank Facility or the
SuperAmerica Facility, as the case may be, in accordance with the technical
specifications, standards and practices of the owner thereof.
Section 4.5. Certificate of Completion.
a. Promptly after final completion of the Bank Site Improvements (assuming
completion by SuperAmerica of the Demolition Work) in accordance with the terms
hereof, and approval thereof by the City, the City will furnish the Bank with a Certificate
of Completion. Such certification by the City shall be (and it shall be so provided in the
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certification itsel fl, absent latent enor or defect, a determination of satisfaction of the
agreements and covenants in the Agreement with respect to the obligations of the Bank
to construct the Bank Site Improvements.
b. Promptly after final completion of the SuperAmerica Site Improvements (assuming
completion by SuperAmerica of the Demolition Work) in accordance with the terms
hereof, and approval thereof by the City, the City will furnish SuperAmerica with a
Certificate of Completion. Such certification by the City shall, be (and it shall be so
provided in the certification itsel�, absent latent error or defect, a determination of
satisfaction of the agreements and covenants in the Agreement with resgect to the
obligations of SuperAmerica to complete the Demolition Work and construct the
SuperAmerica Site Improvements. Issuance of a Certificate of Occupancy by the City
with respect to the SuperAmerica Facility shall be prima facie evidence of completion
of construction of the SuperAmerica Site Improvements.
c. If the City shall refuse or otherwise be unable to provide to either Developer a
Certificate of Completion in accordance with the provisions of this Section 4.5 of this
Agreement, the City shall, within ten (10) days after written request by e:ther Developer,
provide such Developer with a written statement, indicating in adequate detail in what
respects such Developer has failed to complete the Demolition Work and/or the Site
Improvements, as the case may be, in accordance with the provisions of the Agreement,
or is otherwise in default, and what measures or acts will be necessary, in the opinion
of the City, for such Developer to take or perform in order to obtain such certification.
ARTICLE V.
INSURANCE
Section 5.1. During Development. The Bank (as to the Bank Site Improvements) and
SuperAmerica (as to the Demolition Work and the SugerAmerica Site Improvements) shall
provide and maintain at all times during the process of constructing the Demolition Work and
the Site Improvements for the benefit of the resgective Developers and the City and, from time
to time at the request of the City, furnish the City with proof of payment of premiums on:
a. Builder's Risk. Builder's risk insurance, written on the so-called "Builder's Risk
-- Completed Value Basis," in amounts equal to one hundred percent (100%) of the
replacement value of the Site Improvements as of the date of completion, and with
coverage available in nonreporting form on the so-called "all risk" form of policy.
b. General Liability. Comprehensive general liability insurance (including liability
arising from operations, contingent liability, operations of subcontractors, completed
operations and contractual liabiliry insurance) together with an Owner's Contractor's
Policy with limits against bodily injury and properry damage of not less than $3,OOU,000
for each occurrence (to accomplish the above-required limits, an umbrella excess liability
policy may be used). �
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c. Worker's Compensation.
coverage.
Worker's compensation insurance, with statutory
Section 5.2. Public Liabilitv. Each of the Developers shall provide and maintain during the
term of the Notes, for the benefit of -4�ke� < each > Developer and the City, at -� -�
<their> sole cost and expense, comprehensive general public liability insurance, including
personal injury liability, against liability for injuries to persons and/or property, in the minimum
amount for each occurrence and for each year of Three Million. and 00/100 Dollars
($3,000,000.00), and each such policy shall he endorsed to show the City as an additional
insured. .
Section 5.3. Casual . Each of the Developers shall provide and maintain for the term of the
Notes, for the benefit of the respective Developers and the City, and, from time to time at the
request of the City, furnish the Ciry with proof of payment on, fire and casualty insurance in
an amount equal to one hundred percent (100%) of the replacement value of the Bank Facility
(as to the Bank) and the SuperAmerica Facility (as to SugerAmerica) against loss or�damage by
fire, windstorms, hail, explosion, vandalism, malicious mischief, civil commotion, water leakage
and damage of any kind and of any nature whatsoever and such other risk or risks of a similar
or dissimilar nature and such other coverages as are now, or may in the future be, customarily
covered with respect to buildings and improvements similar in construction, general location,
use, occupancy and design to the Bank Facility or the SuperAmerica Facility, as the case may
be. Such insurance policies shall be issued by insurance companies reasonably acceptable to the
City and shall not be subject to modification or termination without sixty (60) days prior written
notice to the City and shall name the City as a loss payee, subject to the prior rights as with
respect to such proceeds of any holder of any mortgage encumbering all or any part of the
Development Property.
Section 5.4. Other Terms. All insurance required pursuant to this Article V shall be taken out
and maintained with insurance companies reasonably acceptable to the City and authorized under
the laws of the State to assume the risks covered thereby. The -E-Be�e�eger� < Developers >
will deliver annually to the City policies evidencing all such insurance, or a certificate or
certificates or binders of the respective insurers stating that such insurance is in full force and
effect.
Section 5.5. Condemnation. In the event that Lot 1, Block 1 of the Subdivision or Lot 1,
Block 2 of the Subdivisions or any material portion there6f shall suffer a transfer pursuant to any
condemnation or eminent domain proceeding by any governmental hody or other person, the
Bank (as to Lot 1, Block 2) or SuperAmerica (as to Lot 1, Block 1) shall, within thirty (30) days
after receiving notice of such proceeding, notify, the City in writing. Any net praceeds of such
condemnation shall be applied to reconstruct the Bank Facility or the SuperAmerica Facility (as
the case may be) within the Tax Increment District.
Section 5.6. Subordination. The rights of the City with respect to the receipt and application
of proceeds of insurance or condemnation pursuant to this Article V shall be subject to and
subordinate to the rights of any holder of any mortgage with respect to any portion of the
Development Property or of the Site Improvements in the event, and only to the extent, that such
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praceeds are applied to rebuild, reconstruct, or construct the Bank Facility or the SuperAmerica
Facility, as the case may be, within the Tax Increment District.
ARTICLE VI.
PRQHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
Section 6.1. Identity of Developers. The Developers recognize that, in view of (a) the
importance of the development of the Development Property to the general welfare of the City
and (b) the substantial financing and other public aids that have been made available by the City
for the purpose of making such development possible, the qualifications and identity of the
Developers are of particular concern to the community and the City. The Developers further
recognizes that it is because of such qualifications and identity that the City is entering into the
Agreement with the Developers, and, in so doing, is further willing to accept and rely on the
obligations of the respective Developers for the faithful performance of all undertakings and
covenants hereby by the Developers to be performed. �
Section 6.2. Consequences of Transfer. For the reasons stated ir Section 6.1 (Identity of
Developers) hereof, the Developers represents and agrees that:
a. No Transfers. Except for Pemutted Transfers, or by way of security for, and
only for, the purpose of obtaining financing to assist or enable the �Be�e�e�er•�-
<Developers> to perform its obligations with respect to constructing the Site
Improvements under the Agreement, and any other purpose authorized by the Agreement,
neither of the Developers -4�es-� < have > made or created, �-�- < nor do > the
Developers �< have > any Actual Knowledge of, any Transfer with respect to
the Development Property, or any part thereof or any interest therein, or the Developer,
or any contract or agreement to do any of the same. The respective Developers will not
make or create or suffer to be made or created any Transfer with respect to the
Development Property (other than a Permitted Transfer) or the -4�Be�+e�epe •r�-
< Developers > . �
h. Consequences of Transfer. No Transfer shall operate, legally or practically, to
deprive or limit the City of or with respect to any rights or remedies or controls provided
in or resulting from the Agreement with respect to the Development Property and the
construction of the Site Improvements that the City would have had, had there been no
such Transfer or change. No Transfer shall be deemed to relieve either of the
Developers, or any other party bound in any way by the Agreement or otherwise with
respect to the completion of the Demolition Work or the construction of the Site
Improvements, from any of its obligations with resgect thereto or from any of its other
obligations under this Agreement.
c. Cessation of City Obligations. Any Transfer with respect to the Bank Property
or the Bank, other than a Permitted Transfer, shall relieve the City of any and all
obligations under this Agreement as to the Bank and the Bank Note. Any Transfer with
respect to the SuperAmerica Property, other than a Permitted Transfer, shall relieve the
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City of any and all obligations under this Agreement as to SuperAmerica and the
SuperAmerica Note.
d. No Restriction on Sale. Nothing in this Section shall constitute a restraint on
alienation or prohibition with respect to the conveyance of the Development Property.
Section 6.3. Permitted �nancing. Nothing herein shall prohibit or prevent the
�eve}ege� < Developers >�from encumbering any portion of the Development Property in
order to obtain suitable, bona fide financing in connection with the development, construction,
ownership, expansion or restoration of the Development Property or the Site Improvements.
Section 6.4. No Assignment. Except as provided in this Article, this Agreement and the
rights, duties and obligations of the respective Developers hereunder shall not be assigned,
conveyed, or transferred, and any purported transfer in violation of this provision shall be null,
void, and of no effect.
ARTICLE VII.
EVENTS OF DEFAUL�; REMEDIES
Section 7.1. Event of Default. The term "Event of Default" shall mean, whenever it is used
in this Agreement (unless the context otherwise provides):
a. Failure of Timelv Completion. Failure by the Bank to complete the Bank Site
Improvements on or before –r ,� ��_ �< December 31. 1997 >,
in conformance with the terms, conditions, and lunitations of this Agreements or failure
of SuperAmerica to complete the Demolifion Work < on or before December 31,
1996 > and the SuperAmerica Site Improvements on or before -� ,
' ^m—�• < September 30, 1997; >
b. Breach of Developer Obligations. Failure by either Developer to observe or
gerform, in any manner deemed by the City to be material, any covenant, condition,
obligation, or agreement on its part to be observed or performed under this Agreement
and the continuance of such failure for ten (10) days after written notice thereof from the
City;
c. Bankruptcy of Developer. A petition of, or claim for relief in, bankruptcy or
insolvency is filed pursuant to any current or future bankruptcy or insolvency laws
naming either of the Developers as debtor, and such petition is not dismissed within
ninety (90) days of the date of filing thereof; or
d. Default Under Site Plan Agreement. Failure by either of the Developers to
observe or perform any covenant, condition, obligation or agreement on its part to be
observed or performed under the Site Plan Agreement and the continuance of such failure
for ten (10) days after written notice thereof from the City. �
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Section 7.2. Remedies on Default. Whenever any Event of Default occurs, in addition to all
other remedies available to the City at law or in equity or elsewhere in this Agreement, the City
may take any one or more of the following actions:
a. Suspension of Performance. The City may suspend its performance under this
Agreement as to the defaulting Developer, including without lunitation a withholding of
a Certificate of Completion for the Site Improvements or a certificate of occupancy for
either the SuperAmerica Facility or the Bank Facility, as the. case may be, until it
receives adequate assurances from Alternative Developer that such Developer will cure
the Event of Default and thereafter remain in compliance with its obligations under this
Agreement and all related or collateral agreements with the City.
b. Termination of Agreement. The City may terminate this Agreement as to the
defaulting Developer, cease any and all performance under this Agreement as to the
defaulting Developer, and pursue all available remedies.
c. Suit for Damages. The City may initiate an action seeking damages, specific
performance, or any other relief available at law or in equity, other than and except for
the remedy of specific performance. The parties hereby agree that all costs, direct or
indirect, paid or incurred by the City in connection with this Agreement or the Project,
including without limitation all sums advanced to or for the benefit of the defaulting
Developer hereunder and the costs of pursuing the City's remedies hereunder, shall
constitute damages of the City for purposes hereof.
Section 7.3. No Remedv Exclusive. No remedy herein conferred upon or reserved to the
parties is intended to be exclusive of any other available remedy or remedies, but each and every
such remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement, whether now or hereafter existing at law or in equity or by statute. No delay or
omission to exercise any right or power accruing upon any default shall impair any such right
or power or shall be construed to be a waiver thereof, but any such right and power may be
exercised from time to time and as often as may be deemed exgedient. In order to entitle the
parties to exercise any remedy reserved to them, it shall not be necessary to give notice, other
than such notice as may be required by this Article VII.
Section 7.4. No Additional Waiver Implied by One Waiver. In the event any agreement
contained in this Agreement should be breached by any party and thereafter waived by the other
parties, such waiver shall be limited to the particular breach so waived and shall not be deemed
to waive any other concurrent, previous or subsequent breach hereunder.
Section 7.5. City Default. The failure of the City to pay any sum due to either of the
Developers hereunder within fifteen (15) days after written notice of such failure shall have been
given to the City or the failure of the City to perform any other duties, covenant or obligation
of the City hereunder within thirty (30) days after written notice of such failure shall have been
given to the City shall constitute a default by the City hereunder.
6�:�
m
ARTICLE VIII.
ADDITIONAL PROVISIONS
Section 8.1. Conflict of Interests: City Representatives Not Individuallv Liable. No
member, official, or employee of the City shall have any personal interest, direct or indirect,
in the Agreement, nor shall any such member, official, or employee participate in any decision
relating to the Agreement which affects his personal interests or the interests of any corporation,
partnership, association or other entity in which he is, directly or indirectly, interested. No
member, o�cial, agent, or employee of the Ciry shall be personally liable to either of the
Developers, or any successor in interest, in the event of any default or breach by the City or for
any amount which may become due to either of the Developers or successor or on any
obligations under the terms of the Agreement.
Section 8.2. Non-Discrimination. During the term of this Agreement, neither Developer shall
discriminate upon the basis of race, color, creed, sex, affectional preference, age, religion or
national origin in the sale, lease, or rental or in the use or occupancy of the Development
Property or the Site Improvements erected or to be erected thereon, or any part thereof. The
provisions of Minnesota Statutes Section 181.59, which relate to civil rights and non-
discrnnination, are hereby adopted and incorporated as part of this Agreement as if fully set
forth herein.
Section 8.3. Equal Employment Opportunity. Each of the Developers agrees, for itself and
its assigns, that during construction of the Site Improvements:
a. Emplo,�. Neither Developer will discriminate against any employee or
applicant for employment because of race, color, creed, religion, ancestry, gender,
affectional preference, disability, age, marital status, status with regard to public
assistance, or national origin (each such status is referred to hereinafter as a"Protected
Class"). �--���� <Each of the Developers> will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment,
without regard to membership in any Protected Class. Each of the Developers shall
further abide by all other applicable federal, state and local laws regarding equal
employment opportunity.
b. Advertisin�. Each of the Developers witl, in all solicitations or advertisements
for employees placed by or on behalf of such Developer, state that all qualified applicants
will receive consideration for employment without regard to membership in any Protected
Class.
c. Contracts. Each of the Developers will include the provisions of this Section 8.3
in every contract, subcontract and purchase order, so that such provisions will be binding
upon each such contractor, subcontractor, or vendor, as the case may be. Each of the
Developers will take such action with respect to any contract, subcontract or purchase
order as the City may direct or advise as a means of enforcing such provisions, �including
sanctions for non-compliance.
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`
Section 8.4. Provisions Not Merged With Deed. None of the provisions of this Agreement
are intended to or shall be merged by reason of any deed transferring any interest in the
Development Property and any such deed shall not be deemed to affect or impair the provisions
and covenants of this Agreement.
Section 8.5. Titles of Articles and Sections. Any titles, headings, or captions of the several
parts, articles, and sections of the Agreement are inserted for convenience of reference only and
shall be disregarded in construing or interpreting any of its provisions. .
Section 8.6. Notices and Demands. Except as otherwise expressly provided in this
Agreement, a notice, demand, or other communication under the Agreement by any party to any
other party shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, retum receipt requested, or delivered personally or sent by facsunile to:
a. Bank. In the case of the Bank:
Dakota Bank
750 South Plaza Drive
Mendota Heights, Minnesota 55118
Attention: President
Facsimile No.: (612) 452-4651
b. SuperAmerica. In the case of the SuperAmerica:
SuperAmerica Group, a division of Ashland Inc.
P.O. Box 14000
Lexington, Kentucky 40512 -
Attention: Corporate Real Estate
Facsimile No.: (606) 357-7869
c. Citv. In the case of the City:
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Attn: City Administrator
Facsimile No.: (612) 452-8940
or at such other address as the Ciry may, from time to time designate in writing and forward to
the Developers.
Section 8.7. Indemnification.
a. The Develogers shall cooperate with the City with respect to any litigation
commenced with respect to the Development Plan or the Project. Except for any grossly
negligent act or omission or any willful or wanton misconduct of the City, its employees,
Council members, of�cers or employees, (i) the Bank shall save, hold harmless, and
6►�i�
indemnify the City from and against any and all costs, including reasonable costs of
defense incurred by the City through an attomey of its choosing, with respect to any
litigation in connection with the Bank Property, Bank Site Improvements, the Bank
Facility or any other matter relating to any representation by a covenant or duty of the
Bank set forth in or arising under and (ii) SuperAmerica shall save, hold harmless and
indemnify the City from and against any and all costs, including reasonable costs of
defense incurred by the City through an attomey of its choosing, with respect to any
litigation in connection with the Demolition Work, the SuperAmerica Property, the
SuperAmerica Site Improvements, the SuperAmerica Facility or any other matter relating
to any representation by or covenant or duty of SuperAmerica as set forth in or arising
under this Agreement.
b. <The> Developers jointly agree, that anything to the contrary herein
notwithstanding, the Ciry and its agents, officers, Council members, and employees shall
not be liable or responsible in any manner to either of the Developers, the Developers'
respective contractors, suppliers, vendors, material men, laborers, lienors, mortgagees,
or to any other person or persons whomsaever, for any claim, demand, damage, cost,
or loss of any kind or character arising out of or by reason of the execution of this
Agreement, the transactions contemplated hereby, the acquisition, construction,
installation, ownership or operation of the Project, the Site Improvements, the Bank
Facility, the SuperAmerica Facility and/or the Development Property.
c. If either Developer is in default hereunder, the defaulting Developers shall
reimburse the City for any and all costs and expenses, including without limitation,
attomeys' fees, paid or incurred by the City in connection with or relating to enforcing
performance of (or seeking damages for the defaulting Developer's failure to perform)
any covenant or obligation of the defaulting Developer under this Agreement.
d. The indemnification obligation of �Be�e�ege� < each the Developers > shall
include, without limitation, any liability, damages, claims or costs incurred or asserted
against the City relating to the alleged presence or release of hazardous or toxic
substances on, under or about the Development Property.
e. < The > Developers shall further jointly save, indemnify and hold hamiless the
City from and against any and all costs, damages, liabilities or expenditures incurred by
the City pursuant to Minnesota Statutes Section 469.1771, subd. 3, as a result of the
assistance provided to the �-�a�� < Developers > pursuant to this Agreement.
f. <The> Developers shall further jointly save, indemnify and hold harmless the
City from and against all costs, damages, liabilities or expenditures incurred by the City
in the event that local government aid, homestead and agricultural credit aid or other aids
or payments to the City from the State of Minnesota are reduced under Minnesota
Statutes, Section 273.1399 or other law.
Section 8.8. Covenants of Principal. All covenants, stipulations, promises, agreements and
obligations of the City contained herein shall be deemed to be the covenants, stipulations,
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promises, agreements and obligations of the City and not of any Council member, offcer, agent,
servant, employee, independent contractor, consultant and/or legal counsel of the City.
Section 8.9. Governing Law. The parties agree that this Agreement shall be governed and
construed in accordance with the laws of the State of Minnesota and acknowledge that this
Agreement is the type of agreement described in Minnesota Statutes, Section 469.176, subd. 5.
Section 8.10. Time is of the Essence. Time shall be of the essence of. this Agreement.
Section 8.11. Counterparts. This Agreement is executed in any number of counterparts, each
of which shall be an original, but all of which shall constitute one and the same instrument.
Section 8.12. Interpretation and Severability. If any one or more of the provisions, sentences,
phrases or words of ttus Agreement or any application thereof shall be held or determined to be
invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the
remaining provisions, sentences, phrases or words of this Agreement and any other application
thereof shall in no way be affected or impaired and shall remain in full force and effect.
Section 8.13. Successors and Assigns. This Agreement is binding on and inures to the benefit
of the heirs, successors and assigns of the parties hereto, provided, however, that this Agreement
may not be assigned by any of the parties hereto except as specifically provided herein. Any
successor shall absolutely and unconditionally assume all of the rights, duties and obligations of
their assignee hereunder.
Section 8.14. Modification/Entire Agreement. This Agreement may not be altered, modified
or amended except by an instrument in writing signed by all of the parties hereto. No person,
whether or not an officer, agent, employee or representative of any party, has made or has any
authoriry to make for or on behalf of that party any agreement, representation, warranty,
statement, promise, arrangement or understanding not expressly set forth in this Agreement or
in any other document executed by the parties concurrently herewith ("Parol Agreements"). This
Agreement and all other documents executed by the parties concurrently herewith constitute the
entire agreement between the parties and supersede all express or implied, prior or concurrent,
Parol Agreements and prior written agreements with respect to the subject matter hereof. The
parties acknowledge that in entering into this Agreement, they have not relied and will not in
any way rely upon any Parol Agreements.
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name
and behalf and its seal to be hereunto duly affixed and the respective Developers have caused
this Agreement to be duly executed on or as of the day and year first above written.
THE CITY OF MENDOTA HEIGHTS
By:
Charles E. Mertensotto
Its Mayor �
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Attest:
Kathleen M. Swanson
Its City Clerk
DAKOTA BANK
By:
Its President .
ASHLAND INC.
:
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Its
0
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of �� < June >,
1996, by Charles E. Mertensotto, Mayor of The City of Mendota Heights, a statutory city of
the State of Minnesota, for and on behalf of said City.
Notary Public
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ��- <June> ,
1996, by , the President of Dakota Bank, Minnesota
banking corporation, for and on behalf of said banking corporation.
�
STATE OF MINNESOTA )
) ss
COUNTY OF )
Notary Public
The foregoing instrument was acknowledged before me this _
1996, by , the
Kentucky corporation, for and on behalf of said corporation.
STP207012-44-.� <5
-24-
Notary Public
day of �� <June > ,
of Ashland Inc. , a
>
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
SCHEDULE OF EXHIBITS
Legal Description of Development Property
Form of Bank Note
Form of SuperAmerica Note
Description of Bank Site Improvements
Description of SuperAmerica Site
Improvements
<EXHIBIT F Plat of Development Property>
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EXHIBIT A
(Legal Description of the Development Property)
< Lot 1, Block 1, Dakota Valley View Addition and Lots 2-6, inclusive, Block 2, Dakota
Valley View Addition, according to the plat recorded thereof, Dakota County, Minnesota. >
�
, 199
EXHIBIT B
-�: �3�3;888-8A-�- < $235,000.00 >
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
THE CITY OF MENDOTA HEIGHTS ,
LIMITED REVENUE TAX INCREMENT NOTE
The City of Mendota Heights, Minnesota (the "City"), hereby acknowledges itself to be indebted
and, for value received, promises to pay to the order of DAKOTA BANK, a Minnesota banking
corporation (the "Owner"), solely from the source, to the extent and in the manner hereinafter
provided, the principal amount of this Note, %T <�vo > Hundred -4Se�e�t�
< Thirtv >-Five Thousand and 00/ 100 Dollars -�r(-�3�5; A9A-AA� <($235.000.00) >(the
"Principal Amount"), together with interest thereon accrued from , 199 , at the
rate of �9-�b-� < 8% > per annum (the "Stated Rate"), on the dates (the "Scheduled Payment")
set forth on Schedule 1 attached hereto and incorporated herein by reference. This note shall
be payable in semiannual installments commencing on 1, 199 , and on the lst
day of each and thereafter until and including
1, 2006.
Upon 30 days prior written notice from the City to the Owner, the Principal Amount is subject
to prepayment at the option of the City in whole or in part on 1, 199_, and
on each 1 and 1 thereafter.
Any payments on this Note shall be applied first to accrued interest and then to the Principal
Amount in respect of which such payment is made.
Each payment on this Note is payable in any coin or currency of the United States of America
which on the date of such payment is legal tender for public and private debts and shall be made
by check or draft made payable to the Owner and mailed to the Owner at its postal address
within the United States which shall be designated from time to time by the Owner.
Capitalized terms used and not defined herein shall have the meaning ascribed to them in that
certain Contract for Private Development between the City and the Owner dated of even date
herewith (the "Agreement").
The Note is a special and limited obligation and not a general obligation of the City, which has
been issued by the City pursuant to and in full conformity with the Constitution and laws of the
State of Minnesota, including Minnesota Statutes, Section 469.178, Subdivision 4, to aid in
financing a"project", as therein defined, of the City consisting generally of defraying certain
public redevelopment costs incurred and to be incurred by the City within and for the benefit
of its Development District No. 1(the "Program"). '
-1-
�
THE NOTE IS NOT A GENERAL OBLIGATION OF THE CITY OR OF THE STATE OF
MINNESOTA (THE "STATE"), AND NEITHER THE CITY, THE STATE NOR ANY
OTHER INSTRUMENTALITY OR POLITICAL SUBDIVISION THEREOF SHALL BE
LIABLE ON THE NOTE, NOR SHALL THE NOTE BE PAYABLE OUT OF ANY FUNDS
OR PROPERTIES OTHER THAN "AVAILABLE TAX INCREMENT, " AS DEFINED
BELOW.
The Scheduled Payment of this Note due on any Scheduled Payment Date. is payable solely from
and only to the extent that the City shall have received as of such Scheduled Payment Date
su�cient "Available Tax Increment" as defined in the Agreement and further defined as tax
increment received as of a Scheduled Payment Date with respect to certain real property
described in Exhibit A to the Agreement (hereinafter referred to as the "Development Property")
which real properry is lacated with in the City's Tax Increment Financing District No. 1(the
"District")
The City shall pay on each Scheduled Payment Date to the Owner the lesser of the Available
Tax Increment and the Scheduled Payment due hereon on that date. To the extent that on any
Scheduled Payment Date the City is unable to make the total Scheduled payment due on such
date as a result of its having received as of such date insufficient Available Tax Increment, such
failure shall not constitute a default under this Note.
In the event that the City pays less than the amount of any Scheduled Payment due to the lack
of Available Tax Increment to pay the same, and in the further event that, as of a subsequent
Scheduled Payment Date the City has Available Tax Increment from the property in an amount
exceeding the amount of the Scheduled Payment, the City shall pay such excess Available Tax
Increment to the Owner to the extent that prior payments hereunder have been less than the
aggregate Scheduled Payments theretofore due. �
The City's obligation to make Scheduled Payments under and pursuant to this Note is expressly
contingent upon payment of the real property taxes assessed and payable against the
Development Property pursuant to Minnesota Statutes, Section 277.01. Upon any failure of the
Owner to make such payment within sixty (60) days of the due date thereof, the City shall
forever be relieved of its obligation to make the next Scheduled Payment immediately following
such delinquency. In the event that such payment is made by the Owner after the due date for
such payment, the amount of Tax Increment attributable to such late payment shall nevertheless
be includable in the determination of Available Tax Increment, except with respect to the
forfeited Scheduled Payment as set forth in this paragraph.
The City's obligation to make Scheduled Payments under and pursuant to this Note is expressly
contingent upon ownership of the Development Property by the Owner or by a corporation,
partnership, limited liability company or trust more than fifry percent (50 %) of the beneficial
interest which is owned or controlled by the developer or any natural person who is an owner
of the Owner as of the date hereof or such person's spouse, children, grandchildren,
grandparents or parents. Any Transfer of the Development Property (other than a Permitted
Transfer) shall relieve the City of its obligations to make Scheduled Payments under and
pursuant to this Note.
-2-
This Note shall not be payable from or constitute a charge upon any funds of the City, and the
City shall not be subject to any liability hereon or be deemed to have obligated itself to pay
hereon from any funds except the Available Tax Increment, and then only to the extent and in
the manner herein specified. �
The Owner shall never have or be deemed to have the right to comgel any exercise of any taxing
power of the City or of any other public body, and neither the City nor any director,
commissioner, council member, board member, officer, employee or agent of the City, nor any
person executing or registering this Note shall be liable personally hereon by reason of the
issuance or registration hereof or otherwise.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by
the Constitution and laws of the State of Minnesota to be done, to have happened, and to be
performed precedent to and in the issuance of this Note have been done, have happened, and
have been performed in regular and due form, time, and manner as required by law; and that
this Note, together with all other indebtedness of the City outstanding on the date hereof and on
the date of its actual issuance and delivery, is not subject to any constitutional or statutory
limitation thereon.
IN WITNESS WHEREOF, the City has caused this Note to he executed by the manual
signatures of its Mayor and City Clerk and has caused this Note to be dated ,
1996.
This instrument was drafted by:
CITY OF MENDOTA HEIGHTS
By:
Its Mayor
Attest:
City Clerk
WINTHROP & WEINSTINE, P.A.��-(�A�H�
�
3200 Minnesota World Trade Center
30 East Seventh Street
St. Paul, Minnesota 55101
-3-
1
,l QTT� TAdDD/1�7�AdL•RTTQ � < . 199 $140����.0�
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF DAKOTA
THE CITY OF MENDOTA HEIGHTS .
LIMITED REVENLJE TAX INCREMENT N4TE
The Citv of Mendota Heights. Minnesota (the "City"). hereby acknowledges itself to be
indebted and. for value received. promises to pav to the order of SUPERAMERICA
GROUP. a division of Ashland Inc.. a Kentucky corporation (the "Owner"). solely from
the source. to the extent and in the manner hereinafter provided. the principal amount of
this Note. One Hundred Foriv Thousand and 00/100 Dollars ($140.000.001 (the �"Principal
Amount"1. together with interest thereon accrued from . 199_. at the rate of
8% per annum (the "Stated Rate"). on the dates (the "Scheduled Payment") set forth on
Schedule 1 attached hereto and incorporated herein by reference. This note shall be
pavable in semiannual installments commencing on 1. 199 . and on the lst
dav of each and thereafter until and including
� 1 2006.
Unon 30 daYs prior written notice from the Citv to the Owner. the Principal Amount is
subject to prepavment at the option of the City in whole or in part on 1.
199 . and on each 1 and 1 thereafter.
Anv pavments on this Note shall be applied first to accrued interest and then to the
Principal Amount in respect of which such payment is made.
Each pavment on this Note is payable in anv coin or currencv of the United States of
America which on the date of such navment is legal tender for public and private debts and
shall be made bv check or draft made payable to the Owner and mailed to the Ovmer at
its postal address within the United States which shall be designated from time to time by
the Owner.
Canitalized terms used and not defined herein shall have the meaning ascribed to them in
that certain Contract for Private Development between the City and the Owner dated of
even date herewith (the "Agreement"1.
The Note is a special and limited obligation and not a general obligation of the Citv. which
has been issued bv the Cit�nursuant to and in full conformitv with the Constitution and
laws of the State of Minnesota. including Minnesota Statutes. Section 469.178. Subdivision
4. to aid in financing a"project". as therein deiined. of the Citv consisting generally of
defraving certain public redevelopment costs incurred and to be incurred by the Ci'tv within
and for the benefit of its Development District No. 1(the "Program"). �
-1-
THE NOTE IS NOT A GENERAL OBLIGATION OF THE CITY OR OF THE STATE
OF MINNESOTA (THE "STATE"1. AND NEITHER THE CITY. THE STATE NOR ANY
OTHER INSTRUMENTALITY OR POLITICAL SUBDIVISION THEREOF SHALL BE
LIABLE ON THE NOTE. NOR SHALL THE NOTE BE PAYABLE OUT OF ANY
FUNDS OR PROPERTIES OTHER THAN "AVAILABLE TAX INCREMENT." AS
DEFINED BELOW.
The Scheduled Pavment of this Note due on any Scheduled Payment.Date is pavable solelv
from and only to the extent that the Citv shall have received as of such Scheduled Payment
Date sufficient "Available Tax Increment" as defined in the Agreement and further defined
as tax increment received as of a Scheduled Payment Date with respect to certain real
property described in Exhibit A to the Agreement (hereinafter referred to as the
"Development Propertv"1 which real propertv is located with in the Citv's Tax Increment
Financing District No. 1 (the "District")
The Cit s� hall_paX on each Scheduled Pavment Date to the Owner the lesser of the
Available Tax Increment and the Scheduled Payment due hereon on that date. To the
extent that on anv Scheduled Payinent Date the City is unable to make the total Scheduled
pavment due on such date as a result of its having received as of such date insufficient
Available T� Increment. such failure shall not constitute a default under this Note.
In the event that the Cit�navs less than the amount of anv Scheduled Pavment due to the
lack of Available Tax Increment to pay the same. and in the further event that. as of a
subseguent Scheduled Pavment Date the Citv has Available Tax Increment from the
property in an amount exceeding the amount of the Scheduled Pavment. the City shall pav
such excess Available Tax Increment to the Owner to the extent that prior pavments
hereunder have been less than the aggre�ate Scheduled Payments theretofore due.
The City's obli�ation to make Scheduled Pavments under and pursuant to this Note is
expresslv contin�ent upon pavment of the real propertv taxes assessed and pavable against
the Development Propert�pursuant to Minnesota Statutes. Section 277.01. Upon any
failure of the Owner to make such payment within sixty (601 days of the due date thereof.
the Citv shall forever be relieved of its obligation to make the next Scheduled Payment
immediatelv following such delinquencv. In the eve�t that such payment is made by the
Owner after the due date for such payment. the amount of Tax Increment attributable to
such late payment shall nevertheless be includable in the determination of Available Tax
Increment. except with respect to the forfeited Scheduled Pavment as set forth in this
paragraph.
The Cit '�s obligation to make Scheduled Pavments under and pursuant to this Note is
expresslv contingent upon ownership of the Development Propert�v the Owner or b�
corporation. partnership. limited GaBilitv companv or trust more than fift�oercent (50°l0)
of the beneficial interest which is ovmed or controlled bv the developer or anv natural
person who is an owner of the Owner as of the date hereof or such person's spouse.
children, grandchildren. grandparents or parents. Any �ansfer of the Development
Property (other than a Permitted Transfer) shall relieve the Citv of its obligations to make
Scheduled Payments under and pursuant to this Note.
-2-
This Note shall not be pavable from or constitute a charge upon any funds of the Citv. and
the Citv shall not be subject to any liabilitv hereon or be deemed to have obligated itself
to pay hereon from any funds except the Available Talc Increment, and then onlv to the
extent and in the manner herein specified.
The Owner shall never have or be deemed to have the right to compel any exercise of any
taxin�nower of the City or of any other public bodv, and neither the Citp nor any director.
commissioner. council member. board member. officer. employee or agent of the Cit,� nor
an�uerson executing or re�istering this Note shall be liable personallv hereon by reason of
the issuance or registration hereof or otherwise.
IT IS HEREBY CERTI�+'IED AND RECITED that all acts. conditions. and things required
� the Constitution and laws of the State of Minnesota to be done, to have happened, and
to be performed precedent to and in the issuance of this Note have been done. have
happened. and have been performed in regular and due form. time. and manner as
required by law; and that this Note. together with all other indebtedness of the Citv
outstanding on the date hereof and on the date of its actual issuance and delivery. is not
subject to anv constitutional or statutorv limitation thereon.
IN WITNESS WHEREOF. the Citv has caused this Note to be executed bv the manual
signatures of its Mayor and Citv Clerk and has caused this Note to be dated
1996. •
This instrument was drafted bv:
WINTHROP & WEINSTINE. P.A.
3200 Minnesota World Trade Center
30 East Seventh Street ,
St. Paul, Minnesota 55101
-3-
CITY OF MENDOTA HEIGHTS
Bv:
Its Mavor
Attest•
City Clerk
� ;
�
CITY OF MENDOTA HEIGHTS
�� �
7une 27, 1996
To: Ma.yor and City Council
From: Kevin Batchelder, Ci Ad�trator
�
Subject: Request to Change the Name of Rogers Road to Bourn��Drive
DISCUSSION
Ms. Pat Farrington, of Rosemount, has made a request to change the name of Rogers
Road to Bourne Drive in honor of her parents, Art and Mary Bourne, who have lived on
Rogers Road since 1954. Art and Mary Boume recently celebrated their 57th wedding
anniversary and the family desires to honor their parents with a name change to their street.
(Please see attached letter of request. )
5treet name changes are accomplished by the adoption of an Ordinance by the City
Council. A street name change does not become official until the Ordinance is published in
our official newspaper, the SouthWest Review. Emergency crews (fire and police) have to be
notified of the name changes, as does the Post Office.
Because a name change to a street affects all the addresses on that street, City Council
typically requests that those property owners along the street agree, in writing, to the name
change, as they will have to undertake a significant change-of-address notification pracess.
Ms. Farrington has informed me that the other residents on Rogers Road, the Gauws, have
agreed to the change, however, we have not yet received written confumation.
The Police Chief and the Public Works Director have reviewed this request and have
no concerns with the proposed name change, if proper notification is provided to all
emergency crews. In fact, there is a Rogers Avenue in Mendota Heights, as well, and the
City's practice is not to have roads with similar sounding names.
ACTION REOUIRED
If the City Council desires to grant this request, they should pass a motion adopting
Ordinance No. , AN ORDINANCE PROVIDING FOR THE CHANGE OF NAME OF
ROGERS ROAD TO BOITRI�DRNE. If Council chooses to change the name of the street,
the publishing of this Ordinance should be contingent on receiving written consent from the
other neighbors with street addresses on Rogers Road. .
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE CHANGE OF NAME
OF ROGERS ROAD TO BOURNE DRIV�
The City Council of the City of Mendota Heights, Mmnesota does hereby ordain:
SECTION 1 The name of the street situated in the City of Mendota Heights, Dakota
County, M'innesota heretofore known and designated as "Rogers Road"
shall be and is hereby renamed to `Bourne Drive" for the entirety of its
length within the City of Mendota Heights, and shall hereafter be known as
"Bourne Drive".
SECTION 2 This Ordinance shall be in full force and effect from and after its
publication according to law.
Enacted and ordained into an Ordinance this Second day of 7uly, 1996.
ATTEST:
:
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
I' ,
Kathleen M. Swanson, Crty Clerk Charles E. Mertensotto, Mayor
�
�
1
�
Mendota Heights City Council
11Q1 Victoria Curve
Mendota Heights, MN 55118
Dear City Council,
re'� �� G ` �2 � �'j 6
I dan't even kr�ow where ta begin ta build a case that wiii grab your attention and one
where you will be able to £eel my hopes for this becoming a rreality but I wi11 give it my
best shot
My parents, Ast and Mar�ian Bourn, currently live on Rogers Road in Mendata Heights.
They brought their family of six children to this area in 1954 from a small riuwal town in
Wisconsin to work in the cities and make a better Iife far themselves and us. They raised
six children and many cats and dogs, and now grandchildren on this short dead-end street
and have years of inemories from Ragers Road. I don't think a cammunity could ask for
a nicer community member than my folks. Being strong Christian folk, they have
wander.ful standards and values and have faund this Road and community their home for
over 43 years and have reached out and helped many during this time. They are atso
celebrating their 57th wedding anniversary this June 20th.
With these thoughts in mind, my question to you is that I wauld like to request that you
rename Rogers Raad ta j�onrn Drive__ar Bourn Lane? I dan't have any idea wha.i this
involves or if it is something remotely important enough in your eyes to consider, but I
would love to see this done in their memory and while they are still here to enjoy it.
Please zespond ta my 2etter. I've seen things lik.e this happen before hu�, af course, a
Pulitzer Frize has nat been won, or anything that big to warrant it, but a sma11 short block
of road has led ta many many years of life far two wondec�ful people that would be
hanored. Isn't this a little about what makes America great7
S' erely,
�rin.gton
1 1Q Comstock Avenue East
Rosemount, MN 55Q68
(612) 4$9�#'8� .
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CITY OF MENDOTA HEIGHTS
MEMO
June 26, 1996 �
n
7
TO: Mayor, City Council, and City Ad ' or
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Subway Outdoor Eating
Discussion
Mr. Curt Heller, owner and operator of Mendota Plaza Subway would like to place six
tables, each with four chairs, immediately outside of Subway for his customers. .Mr.
Heller said that if given pernussion to do this by the City, he would take the tables and
chairs in every night at about 8 p.m. and store them inside Subway. Mr. Heller has
provided Staffwith a copy of a revised lease with Paster Enterprises (almost identical to
that between Paster Enterprises and Ziggy's), which would allow outdoor eating. Mr.
Heller also gave Staff a cover letter and proof of insurance for the outdoor eating area.
(See attached materials.)
Staff explained to Mr. Heller the conditions under which the temporary experimental
license for outdoor eating was granted to Ziggy's, and that if the Council chooses to grant
similar permission to Subway it would probably be under the same restraints. Mr. Heller
indicated that such conditions were acceptable.
Although restaurants are a permitted use in the B-4 zone where the mall is located, the
City's Zoning Ordinance makes no mention of outdoor eating areas attached to
restaurants. The Mendota Plaza. was approved under a Conditional Use Pernut for a
Planned Unit Development and this request could be granted by an amendment to the
existing PUD.
The City Council has pernutted Mr. Mack of Ziggy's to set up an outdoor eating area,
through the granting of a temporary experimental license, the provisions of which are
attached.
Council Action Required
Discuss Mr. Heller's request and advise Staff on a course of action.
Mendc�#a �Ieighfs Sub��ay
750 Hig�tway I la �
Me�rz�3c�t� �ie�his, i��i 5522ft
plu�e # 4�2-4512 £a�c # 4S2-0257
To the city of I�rlendat�a Height.�,
T wauld lik.e to �tuake a f�armal request fpr perniissian to place nutdoor seatixig at ihe
Subway, Iczcaied �t 75U �[ighway 11(} in the Mendota plaza mall_ Encic�ed 3jou v�rill find
m�r revised lease and pe�nussion linom Fasi�r �nfe�rPzi�es, Psnc>f �f insura.nce am'1 a de#�ai2ed
plan,. Zbank y4u fc�r ycxur tiu� �n #�is ma€t�r. .
SincerlY,
C�ui Heller
�
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��PLAI9TED/EPAN3/QERRY
1 4' � 1'
.�
a �
���F�"iJ� ��NT AN��jj+�pNA�CEM�I'i' OF SHOI'PII�TG C%TV'�i3RS
7�?3 U,ai,rasicy�Avc. • st. raut. MN SSiY�!-�srr � Gu-646-TJtsi * r�u�f: 6i2-644-i3s9
CF.I�i fRAL �i.p►7.p► ' ..
$F�euma2Avc, N.E.
Minnesaca �y � y996
�.��€ ,aGa�En��vr
c�xsr,a�, SHOPI�ING � �;� Letter reement b�nd between Mettdofa Mal1 Assoc es,
�r.a� RQ�a $wac�way � Y �
c�.�i�o�a . �l.P, "Landtard", and Curt Heiier, operator of Mendota Subw�y��d-
. �%�Ci11��Jr ~Q�Qi�l�rw.
DpQIri't{AY SHOi'PiNG G'�iTf12
S�mith & Dodd Roaat
Vff�i St P�ul, Minaesota
��cnvcmaN �A s�3orPEs
Lr�gtcm & L�acpenteur
R,oseville.lV[innaa�ta
1
WHEREA�� Curt Heller is t#�e operator af the Rltendota Subway
Restaurar�t renting suite 7 in the Mendota Ma11 and "
tNHERF.A►S, Curt Helier now desires ta se� up six �fi� t�htes a�d
twenty four t241 ch�irs on the outside mali are� edjacent to their
prre�nises and
Vi/HEREAS, Curt Hstier mus# have #�t�dtord's written permtssion
to use this outside mal! seating acea.
NOW THEREFORE, in consideratian of the suur� af One Doitar
���,�p�, {�9.Ot3) and other goad and valuabfe cpnsides��, the receipt and
sraoe xwy: � io � noaa �t�a sufficiency of which is hereby acknawledged by the parties hereto, �t
Yvr���x��zs.M�e�o� �s agreed as fatlows:
Movrmsv�w sQuA�:
Hwy.10 cg. i.or�g Latae Raat3
11�c�unds Yew, Mirutesata
NOI�T�WAY SIiOPPllYG C��
Staic xwy_ z3 & wooalsnd
�ircle Pines, Minaesota
��� r�
wcsc'�t�t S�cd. 8c narern
S�. t'aal, Mirnusota
SOU'X'1{V1EilV'S�IOi'PINa Cf :NZ�
Souihview �tvd. c� I3#h Ave. S
South St� Paul, Minnesc�ta
i. 1.andtocd daes hereby consent to th� outside s�ating ar� � the
terms and condition� as hereinafter set forth.
a, Ter�ant may put a rnaximum of s�x (fi� �ables and twenty
four {24I ch��on the outside maii area oufilined in green
on the attached �achibit "A 9 ".
ta. Prior to setting up the avt#side tables and chairs, C?perator
mu�t � pravide additionat Iiabiliiy i�ts�nce to cover the
auiside mall area outtined in gre� vn the attacfted Exhibit
"A-1" ar�d tist Landiord as an added insured.
c.
d.
., :
Op�rator's iicense to use this outdovr s�ati�g area shaii
extend fram May '! thraugh Qctober 31 of each year.
After October 31 it witt be Qp�rator's r�sponsibilttyto fnd
winter storage space for their tabtes, chalrs �nd a�y othec
equipment. � �_
�
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�
e. Operator wiil remove all tables and chairs fram the outside
malt area no later than 8:OQ PM nightly.
f. Operatar wiU be required to maintain the outside mall area
daily by picking up all refuse, sweeping down and/or
washing down the outside sidewalk area.
g. Landtord accepts no liability for. ivss or damage to any of
the Operator's property white on the outside sidewalk
area.
h. This license is revocable on a one (1) � week notice at
Landlord's sole discretion.
If the foregoing is the acceptable to Operator, Operator may indicate so
by signing on the line indicated.
MENOOTA MALL ASSOCIATES, LLP
By:
�ts: �
CURT HELLER
�PERATOR �F MENDQTA SUBWAY RESTAURANT
By:
Curt Heller
�
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Tttis t�riifies ihaT �STATE FARM F1RE AttiD CAStJALTY CAMPANY, Btoortti�egton, tltitxais
❑ STATE FARM �Ei�fHiA� ltstStlRAAICE CONii'AhtY. �bortsirx)ton, tiiirwis
irks�s the tdiowincJ Folicyteolder fo§ the oova�ages ku�a;ect below:
Nama M FaGc.yhfl(de�
llddrsss a�f �sottcyholder
1.003ti01'1 O� �df3tIfN1S
�IOti Of tl�8t"BfIdf1S
��n�s..• ......�.
�c�u o GEacnut�viQ
�425 CUON AAPlDS B4VD.
rEY►A! pA�tD6. MN 55433
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The pp�cias IiSted bekxw hdvA been issu&d'Co Ute �er fot the policy periCds ShoLvn. The k�urance described in ihese pWiCfe,S is subjeCt to att ihe istms.
e�cctusans, and caid'itians a# #twse pc�i`�des. The 1'mmts of �iabiGty shawn may have bcen reduced bY enY Paid c4aims.
P01.1GY AiUNlBER �'E'YPE t!F it�&URArtt� � POLICY PERiap
Effedive Oate �E�iration Date
� ���i ,� 03� tI �
sitis at�rarlce tr,auae�
��� i�t� J.S j1? �d
--- �--�,�,.��y ............ .trn�rnur��t,cs ���
.__`«'.��.� .��.�'."'__._�_�4..
� �a�,ces - co�ted o�r� -. . . . .
� Cantractusi tiafxTdy .
O t�g�d tta� cover�e .
0 �� ���
(� �a� �i�r
❑ Explosion Hazard Coverage
❑ Co�apse Ha�rd Cave�e
Q(�pterai Aggnepate L�t ap�ties to each project
a �
;� ��
❑ UmbreNa -
D otr►�
Wakers' Ca�sensaY�
8!'Md EcT�layet� L.ie,tnlity
UMITS QF UASlLCfY
beginnLeg ot palicy peri+wdj
... � .-
CsBSi£[9i ��
Prociuucts - C�ompleted
Operat�ons Rggregate
BODfLY lNJURY AND
PROPERTY DAMAGE
� 1.11C,�0laGk�
. A_ � .i �.:1
gauc�r ���taa �v �r+�uaY ewo pao�anr nanna�t
Etca�a,re �sis ; F�pt�eticr► oate cc,orra�ned singte �.imit�
Each Occ�ur��e $
AqQregate S
F'art 1 SiAMQRY
PaK 2 BOUI�Y INJURY
F�ach Acc�ent
�'�ase �n 6r�ioyee
L7t�ase - Po4Gy l.imit .
$
�u ....._._ ' _._
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FOt.lCY NWU18Eq _� TYP� O� IHSURANC'E � EH�cii pace �Expiration f�ate � tet iseg N� isai� �
Q������wt�c.tc, t�i.� �'{� �t�t�� .�'e a���11�c � ~�-�r
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�itR- k�1��"tYi'�t(�. Clt�lGt�rt.s�4''.)^�' �
�+►.�u,�'R �tt-�i�'✓t, �,o Q,�d� ��d pn f�'t7�c� 17`#,�n�trr,�d ��� -�'�'
i�iatr�e and Address af Cettif'icaie Hoider 1i,t1 +d.C��'�in�:i.. �. .
.
���.t?.r�tda#� f`}'ia.Gt ��.1 � '. f. .
,� a�`� U. k��,u-� rs��� ��
� i �iu� � f�i �`} � � i t �-l— i c�� �"'�
,0, �2 Kd,,. 12.., PlitHtd h V.�wA.
If any of the c�ssccriaed pati� a�e ca�u�iea tseror�e its
expuation dace, srate Farm w�i try to cr�u a,nrr;tten r�oilce co
tite cerdKcate frDtder days betote cancellati�ar�. If,
hawevef, we faH m ma�1 s�ch natice. no o�tigaBan ar 6abllity
w� be innpo�e� on 5tate �2ass� or 'sts ageczts ar ceptese.nta-
Gves. _
:� ���f�c ��r� -f� "7�- l�'
� i�y ai
.... j 1�i�enda�a Heigh�s
May 22, 1996
L.arry Mack
Ziggy's De1i
75Q Mendota Plaza
Mendota Heights, MN 55 i 20
Mr. Mack:
On May 21, 2996 ihe Mendata Heights City Councii voted to grant a temparary
e�cpenmentat license to Ziggy's at Mendota Plaza for the placement af 6 tables autdoors
for eating under the fotic�wing canditions:
l. The license�commences as of Ma.y 22, I99b and ends October I5, 1996.
2. The license may be revoked by the Councii ai any time if the Council receives a vaiid
written comptaint abaut the tabtes. In such case the Council will ,give a I4-day notice,
during which time yau must remove the tabtes from the front af the stare.
3. The autdoar area must provide sufficient access to all the stores in the mall for
pedestrians, and shalt be maintained at all times in a clean, attractive, and safe
condition.
4. No food or beverage sales, storage, or preparation may accur outdoors.
5. No outdoar live music or other outdoor live entertainment wi11 be permitted.
The granting o£this license far the summer of 1996 in no way indicates that a similar
license will be granted for the summer o£ 1997 or beyond. The license has been granted
on a purely experimental trial basis for this summer.
Thank You,
;, ��
� � � f/
Patrick C. Hollister
Administraiive Intern
`
11Q1 i�'ictoria Curve -,t�iendota Heights, 1V�N • 55118 452•I850 � r�
1
CITY OF MENDOTA HEIGHTS
June 28, 1996
To: Mayor and City Council
3
From: Kevin Batchelder, City Ad tor
Subject: Consider Request for Ballfield Lights at Mendakota Park
BACKGROUND
In May of 1995, Mendota Heights Athletic Association (IvIIiAA) met with the City
Council to "relax" the softball only policy at Mendakota Park. City Council directed staff to
work with MHAA and adult softball representat�ves to determine if both groups could be
accommodated at Mendakota Park.
Meetings throughout the Summer and Fall of 1995 resulted in an agreement over the
use of the fields for 1996 through the use of flexible scheduling by both MHAA and adult
softball. However, both groups felt flexible scheduling was only a short term solution and
they desired to discuss long term solutions with the City Council. Installing lights at
Mendakota Park had been identified as a long term solution to meet the needs for additional
field space, as had construction of a new youth complex and the recognirion that Friendly Hills
Middle School will have two new fields for use by 1998.
A Joint W orkshop between the City Council and the Parks and Recreation Commission
took place at the regulazly scheduled Parks and Recreation Commission meeting on 7anuary 9,
1996. At that meeting, the City Council directed staff to complete a feasibility study for lights
at Mendakota Park. This study was presented to the Parks Commission on February 13, 1996
and the City Council considered their recommendation on February 20, 1996.
Residents of the surrounding area had been notified of the Parks and Recreation
Commission's hearing on the feasibility study and appeared at both the Commission and
Council meeting in opposition to the installation of lights at Mendakota Park. They expressed
concerns about light spillage onto their properties, the cost of the lights, increased tra.ff'ic and
increased use of the park, parking hazards, and the perception that the fields are currently
under-utilized.
On February 20, 1996, the City Council directed that a citizen's task force be formed
including the residents of the area, MHAA, adult softball representatives and city staff to
examine the demand for field space, other alternatives, and costs of lighting and to regort to
the Parks and Recreation Commission.
�
DISCUSSION
The Task Force was unable to arrive at a consensus and make a recommendation to the
Parks and Recreation Commission for their meeting on 7une 11, 1996. However, the Task
Force did issue a report entitled "Findings of the Ballfield Lights Task Force For Mendakota
Park." This report was an attempt to distill facts of the issue so that the Parks and Recreation
Commission and City Council could consider the policy issues related to the request for lights
at these ballfields. (Please see attached report entitled "Findings of the Ballfield Lights Task
Force For Mendakota Park. ")
In attempting to define the need for additional field space, the Task Force looked at the
growth in adult softball and youth baseball/softball, the demographics of the community and
the levels of participation that are occurring in Mendota Heights. The Task Force also
examined the inventory of available fields and how the various programs are scheduling the
use of these fields. (Please refer to the Findings of the Ballfield Lights Task Force for a
detailed discussion of these factors.)
The Task Force also examined other alternatives such as acquisition of additional park
land and construction of new fields. (Please see March 14, 1996 memorandum from Guy
Kullander on Ballfield I3evelopment, 7une 27, 1996 memorandum from Guy Kullander on the
Freeway Road site, and 7une 28, 1996 memorandum from Guy Kullander on the Friendly
Marsh site.)
The Parks and Recreation Commission was also unable to arrive at a recommendation
for the Ciry Council on this issue due to a split between members in favor of lights and
members opposed to lights. The Commission was unanimous that additional field capacity was
needed to address growing youth and adult programs in Mendota Heights, but they could not
agree as to the best alternative.
MHAA feels that the installation of lights at Mendakota Park is the best solution to
address their long term needs for iield space. They state that with the addition of two fields at
Friendly Hills Middle School and the installation of lights at Mendakota Park, they will have
all the field capacity they require, with the exception of the need for one baseball field for age
14 to adult (90 faot basepath). MHAA feels that lights are the most cost effective option for
the City to add field capacity that will address their needs. MHAA has submitted a letter with
exhibits maki.ng their case for lights. (Please see attached June 28, 1996 memorandum from
Dr. 7ohn Norton, with exhibits.)
Dr. John Norton will be prepared to present the request by MFiAA on Tuesday evening
and to discuss their need for fields based upon their numbers for games, practices and teams.
Those opposed to lights at Mendakota Park are not limited to the immediate neighbors
of the park. The City has received numerous letters and conespondence in opposition to
lights, their cost and this use of the park. Resident members of the Task Force have a
different interpretation of the Findings than MHAA and feel that the need for additional
capacity can he met in other fashions than installing lights in Mendakota Park. (Please see
attached letters.)
In Febniary, Guy Kullander had prepared a Feasibility Study for Lights at Mendakota
Park and his presentation was never delivered to City Council. The presentation includes
many illuminating points about current technology and how a light system is designed. Guy
will be prepared to make this presentation, if City Council so desires. In addition, there is a
four mi.nute video developed by MUSCO Lighting that demonstrates how lights can be
designed to be compatible with residentiai land uses. A large screen TV will be available, if
Council desires to see this video.
RECOlVIlVIENDATION
The Commission was unanimous (6-0) that additional field capacity was needed to
address growing youth and adult programs in Mendota Heights, but they could not agree on a
recommendation as to the best alternative to address the needed capacity.
ACTION REQUIRED
The City Council should acknowledge the presentation by Mendota Heights Athletic
Association for the installation of lights at Mendakota Park. City Council should consider the
findings of the Task Force and take comments from the public. If City Council desires to
grant the MHAA request, they should direct staff to prepare the appropriate requests for
proposals to design and install a lighting system at Mendakota Park for appmval by City
Council at a future meeting.
FINDINGS OF THE BALLFIELD
LIGHTS TASK FORCE
FOR MENDAKOTA PARK
7une 11, 1996
CURRENT FACILITIES
Mendakota Park was built in 1992 with funds fram a band issue after approval in a city-
wid� referendum. The four fields were specifically designed for use by adult softball pla.yers, and
meet the specifcations of the Armerican Saftball Associatian. This assures that the softball
pragram is sanctianed for #ournament play and quaEifies for liability insurauce coverage avazlable
through the assaciation.
The fields are set up in pinwheel type design. There was some cons%deration that the fields
might be lighted at some point in the future. Faur square areas were Ieft unpaved in the central
concourse area., which are now used as planters. One af those is dedicated as a memorial to a
Korean War veteran. If lights were ta be installed, the planter areas couid be used as sites for the
light poles without brea"king up the exi�sting concrete. Conduits for wiring lights were not installed
because it was determined ta be cost effective to "gopher" the electricat wiring as needed.
PROGRAM HISTQRY 8� NEEDS
Adult Softball
The adult softball pmgram has had significant growth since the construction of Mendakot�a
Fark. Fmm 2985 to 1992, there was one men's softball 2eague with 8 teams and 120 piayers.
In 1993, this went to 4leagues with 28 teams and 420 players. In 1995, ther� were S leagues,
38 teams and 565 players.
In 1996, one of the 5 Ieagnes, Co-Rec "D", was maved to Friday night because of
scheduling shifts made to accommodate youth games on other nights. This league had 6 teams
in 1995. However, only two teams signed up in 199b and the league was drapped. On Friday
evenings, 3 fields were given to a league fmm the Bethel Bapt:ist Church, with a canditian that
they would accvmmodaie field reservation requests from residents. Sibley Are�a. Girls Fast Pitch
uses ane field on Friday evening,
Ia 1996, there are 4leagues with 32 teams and 496 players. These leagues play a11 thei.r
games at Mendakata Fark, with the exception af "Mens aver 30", wluch also plays two games at
the Civic Center field an Thursdays. Two adult games are played each evening at 6:15 and 7:15
p.m. Adu1t saftball ha.c exclusive use of Mendakota Park fields on week nights in i996, as listed
below:
Monday 2 fields 4 games
'liiesday 4 fields 8 games
Wednesday none
Thursday 4 fields 8 games
The teams in the "Mens over 30" league all play doubleheaders. In the "Women's D"
league there are only six teams, so that one of the four fields is available. (See attached schedule.)
This extra field is being used for rain makeups. The regular season lasts from the third week in
April through the third week in July. Playoffs continue until the second week in August.
Youth softball and baseball
Since 1990, MHAA Youth Baseball and Softball has gmwn at a rate of approximately 10 °lo
per year. MHAA Soccer has grown at a rate of approximately 18 � per year. The Sibley Area
Girls Fast Pitch (SAGFP) softball program has grown 66 � since 1993 alone. West St. Paul
Soccer has grown by approximately 15 °b per year. This year's numbers for MHAA are:
Program Participants
Softball 342
T-Ball 339
Baseball 5�6
Total MHAA 1,187
MHAA Players in 1996 SAGFP 32
Also Traveling and VFW teams
Until 1995, no youth baseball games were played at Mendakota Park on weekday
evenings. In 1995, the backstops at Mendakota were extended to provide safety from foul balls
and to accommodate youth baseball for the 1996 season. In 1995, the MHAA got to use all four
fields on Sunday nights and two fields on Mondays and Wednesdays. In 1996 this was expanded
to 4 fields Sundays, two on Monda.ys and 4 on Wednesdays. The City, MHAA and adult softball
worked cooperatively to create a schedule for 1996 that accommodated each user group, through
the use of flexible scheduling and weekend tournaments by MHAA.
The MHAA has lost several fields that it had been able to reserve in 1995. From 1995 to
1996, MHAA has lost an estimated 6-10 games per week due to field loss. Thirly two (32)
Mendota Heights girls shifted into SAGFP from MHAA in 1996. SAGFP teams are travelling
teams that play outside Mendota Heights, or on Monday, Wednesday, and Friday nights at
Mendakota Park, on one field each night.
2
`
Several new fields will be caming on line soon with the consiruction of the Friendty �:[ills
Middle School. There will be ane youth softball field and one cambined use field at the new
middle schoal which will be available in 1998. These new fields will be scheduled by the
Independent School District 197.
II �I 1 ' • ':I 1 1' /
Demographic information and enrollment projections provided by Independent School
District 197 indic�ates that the present population of K 12 school aged clu2dren will remain stable
for the next five yeazs. During the years from 1985 to 1990, there was a 2-3 9b annual growth rate
in the number of school age children. From 1990 ta the present, the rate of grawth has been 1�
per year. Demographic information snggests the rate will remain stable.
Residential growth in Mendota Heigbts has slowed significantly in recent years and the
adult population is expectec� to remain stabie. Generally, it is �rue that the demand for adult
saftball fields will exceed the amount of facilities available, if non resident t�ams are given aecess
to the program. Adu1t softball is one of the fastest gmwing participatory sports in the natian and
city staff expects that there will be further expansion of leagues from within Mendota Heights..
Adult softi�all�is, scheduled Monday thr�igh�Thursday evening. On Th�sday evening, adult -�
sofib�l is_ also scheduled at Civic Center park. Two fields at Sibiey.�ark are capable of hosting
adult softball, but have been scheduled to accammodate youth play.
� � ! • � � � i � = t.
The demand for additianal youth athletic fields is based an tl�z�ee factors. First, some of
the fields formerly relied on by the MHAA are no langer available. Second, there is a wedge of
players in the 1�-14 age range that are straining the current resources. T'hird, there appears ta be
an increase in the numbex of yauth participants, which is attributable to greater levels of
participation, if nat increasing FaPulation.
MFiAA figures shaw that in 1995, there were 28-29 youth softball teams with i.1-13
membexs on each ttea�am. The numb�r of softball teams in 1996 is 26. 1'hme softball teams were
canverted to SAGFP. Tn 1995, there were 4i-42 youth baseball teams with 12-14 members per
team, For 1996, there are 39 baseball teams representing a loss of two traveling teams, There
were 28 T Ball teams in both 1995 and 1996. 'I�vo traveling teams were not created in 1996 due
ta a lack oi �elds.
The idea for putting lights in Mendakota Park is seen as a solution for adding capacity
which will allow yauth games to be played in the early evening hours and assuring that 16 youth
games per week may be played at Mendakota Park without affecting current adnit use on a
Monday-Thuxsciay schedule. There are many altemative scheduling scenarios that could be used
3
at this complex. The curnent assumption is that youth would play early in the evening beginning
at 6 p.m. and that adult softball would be scheduled at 8 p.m and 9 p.m. with lights out at 10
p.m. Scheduling of these fields will have to be done annually with the involvement of all user
groups.
MHAA feels that the installation of lights at Mendakota Park is a long term solution.
MHAA feels that with the installation of lights at Mendakota Park and the addition of one baseball
field at Friendly Hills Middle Schaol there will be enough youth sized fields for their program.
The exception is the need for one more baseball field for ages 14 and over, which requires a
ninety (90) foot basepath.
C�ST & FINANCING OF THE LIGHTING PROPOSAL
City E�gineering staff has estimated a range of cost between $150,000.00 to $225,000.00.
The monthly cost of power and maintenance is approximately $1, 350 during the ball season. The
actual design would be done by a professional consultant on a coinpetitive bid basis.
Outside of raising taxes, the only source of funds for construction is the Park Reserve
Fund, which has a balance of $463,000.00. Other financing options include the use of user fees,
concession stand pmfits, private donations, fundraising, increased general fund taxes and
N�"\
.r,S: �� � . • ... . - . -. . . . . ..
referendums.
OTHER OPTIONS FOR ADDITIONAL BALL FIELD CAPACITY
Constiucting additional ballfields is an aption to address the need for field space and some
potential sites do exist in Mendota Heights. Alternative sites have been explored and the best sites
for new ballfields are:
Resurrection Cemetery -
Long term lease.
Room for a 4 field pinwheel complex.
Ma.y not be available.
Gaod location for athletic fields, far from residentiai areas.
Cost savings with excavation work provided by the 88th Army Command
(This cost saving option might be available for other sites, as well)
Friendly Marsh Park -
No cost for land acquisition.
Room for 2 fields.
Cost of construction is lower than that for lights at Mendakota.
Changes �passive park to active park.
Possible neighborhood impact.
_r,�
City Owned Property - T.H. ll0 R.O.W. at Freeway Road
Would accommodate 2 yauth baseball fields or one baseball field with 90" basepaths
No cost far land acquistion
Signnificant grading costs (may be offset if $$th A1my Command will work this site)
Purchase Property and Construct New Fields
Fxpensive to purchase land
Availability af suitable sites is limited
Altemative Scheduling at Existing Fields
Other time periods available besides Mon-Thurs prime time
May cause participation ta drop due to incovenience
Attachments:
1996 Mendakota Schedule
1996 MHAA fields
1996 Softball Breakdown
ISD-1.97 Schaal Dis�nc�t Demo
MHAA Growth and Participation
M:�SHARED\FINDINC�2.BLT
5
MENDAKUTA PARB FIELD USE (415-96 through 7-20-9G) 03/04/96
b'ieid Nwnber S�nday Manday 1`�tesday Wednesday Tbursday �riday Saturday
$:00 - 4:00 3-5:30 P.M. 3-5:30 P.M. 3-5:34 P.M. 3-5:30 P.M. 3-5:30 P.M. 8:00 - 4:00
F'ietd 1 14iHAA Visitatiaa Visitation Visitation Visitation Visitatian MHAA
F`ield Z I�IETAA Visitation Visitatian Visitatian V'�sitation Visita.tion M�IAA
Field 3 I��HAA St. Joe'sl S�. Jae'sl St. Joe'sl St. Joe'sl St. Jae's1 MHAA
St. Thomas* St. Thomas St. Thamas St. Thomas St. Thom�as
Field 4 MHAA St. Joe's/ 5t. Joe'sl St. Joe'sl St. Joe'sl St. Joe'sl 14�AA
St. Thomas* 5t. Thomas St. Thomas St. Thomas 5t. Thomas �
Visi.tafion, St. Joe's & St. Thomas Season Ends 6/1/96
Sunday Monday 1t�esday Wednesday Thursday Friday Saturday
5.30-9 PM 5.30-9 PM 5:34-9 PM 5:30-9 PM 5:30-9 PM 5:3U-9 PM 4:00 - 9;00
Fieid 1 Ni��AA Trans N�IAA Softball* Mens D I�gIAA Softball Mens Over 30 Ca-Rec**
Fieid 2 M�iAA Trans Sibleyl]U1HAA* Womens D Sibley Giris Mens Over 30 Co-Rec**
Fieid 3 ME�AA Trans Mens C Mens D M�AA. Softball Mens {}ver 30
Field 4 MHAA Trans Mens C Womens D I��7[�AA Softball Mens t}ver 30
April2p & May 11- Sibley Schaai Tournament
June 29 - Super Saturday MHAA T-Ball
Juiy 13-14 - Super Safurday MSAA BasebaIl
July 20-21- Qver 30 Men's Taurnameut
Juiy 27-28 - Monday Men's "G" PlayofP
August 45 - Men & Women "D" Playoifs
Aogust 3- Celebrate Mendota 8eights Parks - Tenative
'�MEN'S "C" 1�(EED ALL FOUR FIELDS QN NLY 15, I99b
*�Co-Rec NEED ALL FOUR FIELDS ON JUNE 14, JULY L2, JULY 19
! '
V�I ll��7V
OTSER MENDUTA SEIGHTS PARK FIELD USE (415-96 throngh 7 20-96}
Name of Park Sunda Monda. Tuesda Wednesda Thursda k�id.a. Saturda
Marie 5-9 MHAA S-9 MHAA 5-9 MHAA 5-9 MHAA. 5-9 MHAA 5-9 MFiAA 8-5 MHAA
Wentworth 5-9 NiHAA 4-5:30 St. 7oe's 4-5:30 St. Joe's 4-5:30 St. Jae's 4-5:30 St. Joe's 4-5:30 St. Joe's $-5 MHAA
Untii dIi196 Unti1 b11I96 Unti1611/96 Until b/1/96 Unti16/1/96
5:30-9 MHAA 5:30-9 MHAA $:30-9 MHAA. 5:30-9 MHAA S:3Q-9 NIHAA
Valley Park 5-9 MHAA 5-9 MHAA 5 9 NgiAA 5-9 MHAA. 5-9 h!IHAA SA MHAA ,., 8-5 MHAA
Ivy Falls S-9 MF�l'AA 4-5:30 St. Joe's 45:30 St. Jae's 4-5:34 St. Joe's 4-5:30 St. Joe's 45:30 St. 7oe's 8-5 MH[AA
Until 6!1l96 Until 6!1/96 Unti16i1/46 Untii 6il/96 Until 6ili9b
5.30-9 MHAA S.3U-9 MHAA 5:3Q-4 MHAA 5;30-9 MHAA 5:30-9 M13AA
Hagstrom-King S-9 MHAA. 3-5:34 �sitation 3-5:34 Visitation 3•5;34 Visitation 3-5:30 Visitadon 3 5:3Q Visitation $-5 MHAA
Until d/1/96 LTnti16l1/96 Unti16/1/96 Unti116/1/96 Unti16l1l96
5:30-9 MHAA 5.30-9 MHAA 5:30-9 MH.AA 5:30-9 MHAA 5:30-9 MHAA
�iendiy Hills 5-9 MHAA 3-5.30 Visitation 3-5:30 Visitation 3-5:30 Visitation 3-5:3Q Visitatian 3-5:30 Visitation 8-5 MHAA
Unti16/1/36 Unti16/1/96 Unti16/1/96 Unti16/1/96 Unti16/1/96
5:30-9 MHAA 5:30-9 MHAA 5:30.9 MHAA 5:30-9 MHAA 5:30-9 MHAA
Victoria HighLands 5-9 NIFF�AA 5-9 MHAA 5-9 MI�AA 5-9 NiHAA 5-9 MHAA 5-9 MHAA 8-5 MHAA
Givic Center S-9 � 4-5:30 St. Joe`s 45:30 St. Joe's 4-5:30 St. Joe's 4-5:30 St. Joe's 4-5:30 St. 7oe's 8-b .
MHAA Until 611i9b Until 6i1i96 Untit 61I/96 Untii 6/1/9b Until 6/1/9b MHAA
Traveling BB 5.30 - 9 MHAA 5:34 - 91tt�EiAA 5;30- 9 5:30 - 91VgIAA 5:30 - 9 MHAA. Traveling BB
Travelin� BB Travelin$ BB Travelin� BB Over 30 Mens Travelin� BB
1
i
2
3
4
5
6
�
9
10
11
12
13
`t4
(7995 INFORMATION}
DMSTRICT 197 20.Feb-96
F��� USEQ BY # GAMES PRACTICE
� GAMES PER WEEK: � y gg
WEEK NIGHT PRACi10E5 FOR ANYONE OVER 8 YRS: . NONE
(NOTE: SIBLEY i,3 & 4 ARE PAR7 OF SIBLEY PARKj.
CIT'Y C1F EAGAN
� ��E� USED BY # GAMES PRAC7ICE
�� 3 N HQUSE 88 M.y�
r]� 2 P C16 IN HOUSE BB r -rn
GAMES PER WEEK: g
PRACTICES {01fER 8); 1
RRIVATE SCHOULS
��E� USED BY # GAMES PRAC7iCE
��j�'1 S'i' CRQIX St}UT�f TRAVEL j � .�
2 ST PETER'S IN HOUSE BB M T-W-Th Sn
3 ST THOMAS V TRAVEL Shared wJ VFW & PEGASiJS W-F Sa-Sn
4 ST THOMAS JV TRAVEL T-Th M-W-F-SaSn
5 VISITA710lV SB IN HOUSE SB M T-W "1'h
6 VlStTATtON PFE T BALL M-T-W-Th
7 VISITATION PFE T-BALL M-T-W-Th
GAMES PER WEEK: 20
FRACTiCES (OVER 8}: �
TRAVEL PRACTICE: 4 .
1996 MF,1VnnTA AF,T(iATS �nFi`RAT T, TF,AM STATiTS
MFN'� BeSi.dents Nnn-Recidentc
Mendota Saloon 1 , 15
Jordan Insurance Agency 9 1
Maosehead Beer 2 10
Leedon Trucking 3 12
Pondo Sinatra 1 19
5and Hogs 7 4
J. McDonald Companies 0 20
Harve's 10 6
TOTAL= 33 87
MEN'S� B�sidentS Nnn-Recidpntc
General Pump 20 0
GNB Champions 18 0
Bulldogs 4 10
Pace Landscape 14 0
Northland Blue 17 0
The Buttery 6 4
Northland Black 16 0
Moose Country 2 10
TOTAL= 97 24
WnMF,N'S n $�� Nnn-Recidentc
Dandy's 0 20
Kicking Assets 20 0
Gallaghers 2 11
Triviski's Bar 0 14
O'Neills 0 18
Northland Insurance 15 0
TOTAL= 37 63
MF.N'S nVF,R 30 Recidentc LYnn-Recidentc
Roger's Lake 7 6
Somerset 7 6
Ivy Falls 6 10
Dandy's 3 17
T�tal
16
10
12
15
20
11
20
16
120
Tntal
20
18
14
14
17
10
16
12
121
Tn al
20
20
13
14
18
15
100
Tn al
13
13
16
20
..
MFN�S t3V� 30 tC".nN'1`-1
Dandy's P&F
Condors
Eagan A
Copperf'ielders
Friendl.y Dandy's
No Names
Besu3ents
7
5
11
14
6
1Q
TQTAL= 7'6
L1jnn-R#�cident�
$
10
9
3
'10
0
79
T.otal
15
l.5
20
17
16
l.0
155
TnTAr S: 4Q61"1.,AYF,BS.
SOFTBALL TEAMS = 32 *RPSIDENTS = 243 (49 �) *NON-RES]DENTS =253 (51 �)
�
May—.03-96 11-01A IND SCH DIST #197 612 681 9102 P_O1
lNDEPENDENT DISTRICT 19T
Ageor CENSUS AND ENROILMENT ENROLLMENT PR�JECTIONS
Grade ' 91-92 92-93 93-94 94-95 95-96 ' 96-97 97-98 98-99 99-00 00-01
---------------------------------------------------------------•----------------------------------
AgeO ' 232 191 312 198 342 '
Age 1 ` 340 403 289 360 335 '
Age2 ' 410 366 416 385 385 '
Age 3 ' S55 426 380 472 411 '
Age 4 ' 495 485 439 470 494 '
Age 0-4 ' 2032 1871 1836 1885 1967 :
----------------•--------------•-----------•-------------------•---------•-------------
PreK ' 76 76 68 80 80 ' 80 80 80 80 80
Kind ' 376 407 400 402 372 ' 391 391 391 391 391
Grade 1 "' 421 371 409 399 397 ' 370 391 391 391 391
Grade2 ' 411 413 372 415 402 ' 399 372 391 391 391
Grade 3 ' 360 410 410 370 40? ' 398 395 368 391 391
..._._------•--------------------------------•--------•--------......------...-----------•----•--
Gr1-3 ' 1192 1194 1191 1f84 1206 ' 1167 1158 1150 1173 1173
-------------------_--------•-------•------------------....---------------------------------------
Kfnd-Gr3 ' 1568 1601 1591 1586 1578 ' 1558 1549 1541 1564 1564
.....____..-•----------------------------•------------...------...-------...----------...--------
Grads4 ' 382 360 388 410 363 ' 40� 391 388 361 391
Grade 5 ' 385 371 357 392 415 ' 364 401 392 389 362
G�ade 6 ` 361 378 357 339 387 ` 403 353 389 380 377
-------•-------•--------------------------------------------------._-----.._..-----._.....---------
Gr4-6 ` 1�28 1109 1102 1141 1165 ' 1167 1145 1169 1130 1130
-------------•------------------------------------------------------------------------.....--------
Gr1-6 ' 2320 2303 2293 2325 2371 ' 2334 2303 2319 2303 2303
--------------�...---------------------------•---------------------------------------------._._...
Kitid-G�6 ' 2696 2710 2693 2727 2743 ' 2725 2694 2710 2694 2694
-----------------------_.-------------------------•----------------------------------•-------------
Grade 7 ' 355 333 370 330 317 ' 364 379 332 365 357
Grade 8 ' 296 355 330 345 327 ' 309 355 369 323 356
-----------------•---------....------------------•------------------...-----------•---------._...__.
G�7-8 ' 651 688 700 675 644 ' 673 734 701 688 713
-----------------------••----------------------------------------------------....--------_..--------
Grade 9 ' 317 347 388 412 419 ' 391 370 425 441 386
Grade 10 ' 323 335 304 377 389 ' 398 371 352 404 419
Grade 11 ' 317 333 305 292 336 ' 362 370 345 327 376
Grade 12 ' 283 312 312 298 274 • 321 345 353 329 312
---•------------------------------------------------------------------------------------------------
Gr9-12 ' 1240. 1327 1309 1379 1418 ' 1472 f456 1475 1501 1493
-------------------------------•---•-------------------•----------------------------------------
Gr7-12 ' 1891 2015 2009 2054 2062 ' 2145 2190 2176 2189 2206
------------•-------------------------------------------------------------------------•---------__..
Kind-Gr 12 ' 4587 4725 4702 4781 4805 ' 4870 4884 4886 4883 4900
---_....-------------------------------------------------------------------------------------------
PreK-12 ' 4663 4801 4770 4861 4885 ' 4950 4964 4966 4963 4980
•--------------------------------------------------------------------------- ------------------------
# # - ..__. _ -
Post-It`" brand fax transmittal memo 7671 ��" oi payes ►
r y
I'�u.1 . ' (ir�r.. !' ' " _
Prepared October 1995. (weighiing 1,2,3,4)
-�-�----=-�_--�-"r_
June �.I., 19'�b
�
Since �,99� MAHA youth baseball g�:owinq at a zate of 3.t�.7� par
yPar, based an CI�a figuroa sugp3.ied hy the athl�etic directar.
The tota3 in 1990 was �07 and the total a.ti 1995 was 1,240. Th3�
oalculates aat to s 53.66� growth ovor a periad of five years,
That divided b,� five oqual� 10.7.
HAHA aoccex has gxoWn �t approximately 18�i ger year arid in
siblay, fa�E pitch softbali ha� grown at a r�tL� of 66i� si�ca
1993.
west St P�ul ating �oeaer, whieh c�ampetes with some� of the
baseball fieldn durinc� Qummer baseball prugram, has grown by 15�
per ypar. This irear t�ic� numbers arer relativ�►Iy th� same as l�st
year, w� have 342 giris saftball playera, we have� 339 t�-batl
playera, 506 bas�ball plaxer�s, a�xd 3iblay aroa �oftbAll has 91
player4, 32 oE whic:h at'a riew plr�yera thi� y�ar that shifr�sd
direc�Ely from thc HAHA program to the tast pita� siblay �txea
pragram, R'his means that Che �i�lds rerR►ai�sed the same and did
not dxap but �.nstead �hifted.
It ahould also he� noted that we c:ump�te Kith two V�'W teams and 8
Lpgion team i� tiY� older age qroup bQcaus� �f tY8�v811n�T. The�
tUCaI rzurnber of teams� thi,� year l:� relativc�ly the aame a� 199�
witb 39 bas¢hall teams, 28 !:-ball teama, and 26 �oft�all teams.
'1`here wa� an error o�n the an� sh�?9t where it st�;ted 39 when it
ahould hr�ve s�id 29, the change i,ai aoftball is a direGt
r�latianship t0 thr+ s�ritch to Sibley araa fastpitch, }aecause o�
Lhe crealion of th+�ir program.
The 39 team� ar� down in ba�eball, because. we we�e unable t;o
creat� two travcling taams due ta tha t$et th�t thete ua� not
#i�lds for th�m. MAHA feels verx Llrmiy that the i3ghta uot�id he
a,�.��g term solutioi� to thc 13 and undor team4 and that �.he real
nesd wauld be for oane morp £i.�!td large enouqh tv is�:cammodate the
14 and old�r t�ams. Tbey also te�l tha� an ideal sight miqht be
the siqht down by highway 110 �nd bodd raar�, since this slght has
qaod accas� sad th� taams, pla�'inc3 there, would be o�.thar from
M�andata Hei�hts oz' tr�velitig to Mendata Heights.
l� C'. �t�v� � �+o r'�? r~r
�--��-�t�
z d I•id 6t�:r 466T'%'G'I�ilf bTgL 6Sb 2Tg :i�l SQq ual.toN t u4o • --'
.0 : t•(QJ�
MENDOTA HTS ATHLETiC ASSOCtAT14N
20-Feb-96
# OF PLAYERS
1990 1995 5 YR CHG AVt`a 1996 est i YR CHG
BASEBAE.t. 377 518 37.40°10 7.5 .�'s3 t�UCa -�-f''}O -' Z. pb
� eA�� 22s �s so,00°� �o. -� 33g �a� 6�
SOFTBALl. 2Q4 383 87.75% 17.5 �'3`�i2 17.5°� — t i`j�
70TAL 8Q7 1 t240 53.&6°6 14.7 �389 � t{"iST �-f :�94Ss -� K(�
# �S PLAYERS EST TEAMS
PER TEAM 1996
BASEBAi1 42 12 �Efr' 3 `{
T-BA�L 28 12 .3�fi^� 2 $' '
SOF7BALL � 1 Q -�k8 2 �
TOTAL 109 11 .�2Y"' �'(, 4,•
GROWTH IN PARTtClPATION
MENDt�TA HTS ATHLET(C ASSN
\��. . . � . . \\\� . .. -
.
,
r
GROWTH IN PARTICtPATION
MENDC�TA HTS ATHLETtC A�SN
�
March 14, 1996
Memo ta: Kevin Batchelder �
Fram: Guy Ru3lander, Parks Project Manager
Subject: Ballfield development costs and possible site.slocations
I have compiled an estima�ed cost to develop a four fie•ld
pinwheel complex similar �a the Mendakota Park p2ay fields.
Also ineluded are the land requirements for a ane field and
a two �ield deveiopment cancepts.
Also I have included site maps af six areas in the City that
have been mentioned as possible ballfield sites. A rough
esti�ate af land and development casts are included with
each site drawing.
1. George's Golf-west of Hwy 55 in industrial park
2. Centre Painte-south af xwy 11Q & west of Lexington
3. Acacia Blvd.-T.I.F« purchased land. Zoned Industrial
4. Tousignant Property-soth oi Mendota Heights Road
5. Freeway Raad%City dump site-east af Dadd Rd.
6. Friendly Marsh Park & Unused STH 149 Right-of-Way
�
1
0
February 20, 1996
Memo to: Kevin Batchelder
From: Guy Kullander, Parks Project Manager
Subject: Cost to build pin-wheel youth ballfield complex
LAND REQUIREMENTS
Ballfield area... ... ... ........................ 14.7 acres
-275 ft. home to outfield
-150 ft. be�ween fields
- 50 ft. buffer outside 275'outfield to border
-300 ft. centerfield
-Above requires an 800'x800'=14�.7 acres
Parking and access driveways........... ..........
-160 stalls required x 400 sq. ft = 1.5 acres
Picnic shelter and play ground area .................
1.5 acres
1.3 acres
17.5 acres
Ideal site would be approximately 800 ft. by 950 ft.
Estimated land costs:$25;OOO.per acre x 17.5 =$ 437,500.00
$35,000 per acre x 17.5 =$ 612,500.00
$50,000 per acre x 17.5 =$ 875,000.00
Estimated cost to develop a four field pinwheel youth complex.
ESTIMATED COST TO DEVELOP A FOUR FIELD PINWHEEL YOUTH COMPI�EX.
e - . .
Site grading (17 acre site) ............... $ 60,000 to $ 200,000
Ag lime infields ..........:............... 10,000 10,000
Storm sewers .....................:........ 15,000 to 30,000
Turf, sod, fertilizer, etc ................ � 30,000 30,000
Landscaping of site ................ ...... 20,000 to 50,000
Parking and access roads-Gravel or�ly...... 32,000 32,000
Backstops and player protective fence..... 30,000 30,000
Gravel trails within complex .............. 6,000 6,000
Signage, bases, etc ........:.............. 3,000 3,000
Players benches ........................... 6,000 6,000
;
$ 212,000 $ 397,000
Contingency 10� • 21,000 40,000
Design, survey, inspection, overhead 20� 42,000 80,000
BASIC-MINIMUM development cost= $ 275,000 $ 517,000
ADD ON EXTRAS ON PAGE TWO
e
2 ,
�
;
�
�
�
� I
3
BALLFIELD PINWHEEL CQMPLEX
ADD ON EXTRA.S
1. Additona]. signage and info ................
2. Sub �soil�'drainage system-if necessary......
3. Topsoil Eor four fields. . . . . .... .. . . . . . . . . . . .
4. Faved parking lat ...................�......
5. Paved pedestrian trails ...................
��
6. Irrigatian system far fields ...............
7. Water service to si�e .....................
8. Sanitary sewer ta site ....................
9» Concrete �curb around backstops .............
10. Outfield fencing ..........................
�'1. Ag lime�warning track...... .................
12. Parking and internal security lights.......
73. Picnic shelter .............................
'!4. Playground area similar to Meadakota...,..
15. Concessian/storage/tailet building.........
16. Paved "Hub area" ...........................
37. Bleachers {70 peop3ejorte per field}..,.....
$ 2,000
40�000
44,Q00
24,000
't2,000
30,000
20,000
20�000
5,000
35,000
$,000
95,OOQ
25,000
100,400
80,004
35,000
12,000
$503,000
Low estimate:'$2�5,000 + �503,000 = $ 778,00'0 '• �
Plus contingency and •
design fees £or add-ons 'lQ6jQ00
$ 8$�4, 000
High estimate: $517,000 + $5U3,000 = $ 1,020,000
Plus contingency and ,
. clesxgn fees for add-ans 10�, OOQ
. •$ 1,i26,000
j .
These estimates assum� that ALL of the add-on items listed
above were requir�d for the devel.opment of the complex.
N4TE: Land costs �i�ist be added to dev��.onment �.mounts.
� .
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a
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/
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• PROPERTY LINE
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f �� C � 23 atalls S
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yj 1 a _�^ 43 stal s Q��
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2.75'
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FcuR F���D Ga�tPLEk
t� • � AcR�S
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�� LAND AREA REQUIRED FOR G/� .
t.. 1 1VIeI1C�0�, g�,LFIELD DEVELOPMENT
� Heightis MA�
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LAND AREA REQUIRED FOR �K.
BALLFIELD DEVELQPMENT �AR�N
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D30-28 ;
STATE '
(,t 4 A�2�s < I
LOT
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SITE = 10 Acres � • `� � : � • � •
EST. COST =$ 750,000 � I� Of0-T4 '
, crarc �•-
CONSTRUCTION COSTS .
$ 275 to $ 400,000 ' Cityof pOSSIBLE BALLFIELD SITE Cf(
..� . 1Vien�dot~a,
HQ�� GEORGE' S GOLF MA�CK
. tto� �rtcc�o�a atav� • rnezoom tt�ttrsy �aca �tss '(siz� �ysso l99'!v
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SITE,: 8 Acres
LAND COST = $269,OOQ
ASSESSMENTS = $ 212,Q00
DEVELOPMENT COST =
$ 275 to $ 325,QOQ
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�'O£ POSSiBLE BALLFIELD SITE ,�al{
�.. � .1V�.eudai;a
• H�;��Sy[� GENTRE POINT DEVEL4PMENT MA�'F/'
7
� ..
SITE= 7.6 Acres plus 1.25 Acres north of Acacia Blvd.
Acquired with TIF Funds-City would need to
repurchase if land�not used for development.
VALUE: $ 65,000 per acre x 7.6 acres =$+�94,000.00
' CONS'�RUCTION COSTS: $140 tp $ 200,000.00
S
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���°F POSSIBLE BALLFIELD SITE (��
�.. � 1V�.en�d�ota.
• He ACACIA BLVD . �(,1��Cy
. ttm wc�u► cxtave • �aFx,tootx tt�xc�tts, taN wns � csta� � ta5o I�9'b
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SITE= 11.65 Acre
COST = $1,000,000
CONSTRUCTION:
$ 275 to 325,000
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���°� POSSIBLE BALLFIELD SITE C�I� .
t,. ,► �.e21C�0�,
• �4;x�� TOUSIGNANT PRC}FERTY !�"�1��
. ittat ycc�tu► at�vE •�a�toa•rn t�tqtis, tact ssns' csta� �taso (q`��
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SITE: 6 Acrt�s `, 2 1 � � �, � � � � � �-.
-City owned = 2 ac. � � � � �
-Purchase 4 ac, — --�� ��__ _�- _ -- ` -�---�- _
-Est. land cost= 20Q OOQ �= �i� .�`r� �-��' .. =-=
FIELD DEVELClPMENT =�$16Q,4Q0 - -�'���"'���_ ~ -=�i � ! i �
7�1R:_F�� 7i�Z.''-` - -�-.-' �'' �-�..`".: -- V. _ ._ �
High grading costs. ,
No extension of South Plaza �
Drive over Hwy 100 possilale t
if fi.leds built. .
���°f PO�SIBLE BALLFIELD SITE �K
t,a t �;.P�1.G�,0�,
• �e1;�S FREEWAY ROAD I CITY DUMP �t�„<12Cf,
.�sm vtcz�ra c� • aa�a�nrn� �c�, ra�t ssKs ' ts� �z �aw (q� 6
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� � EXTSTING PARK LAND = 11 acres
t 2
UNUSED MnDOT R.O.W. = 12.9 acres
°,� � Need 7.75 ac. for ballfa.elds
x i5 Baiance 5.15 acres cauld be
�� � used for park or single
� �, ___�..,� fami].y homes and street
� �I
� � EST. COST OF R.O.W @$ 30,000
� � per acre _
i�, DEVELOFMENT CO�T OF BALLFIELDS
AND PARKING EST. $4 to 500,OOQ.00�'
,
�''� POSSIBLE BALLFIELD SITE �.�K
x.a A 1VLex�do�a. FR�ENDLY MARSii PARIf
Hei�;b�s ���
.�tor vtcrot3u► at�v� • e�ctoom��c�tns. �ut sstts' cs� �cs�tsso � 991v
„
r rv 'ir 'r � r q . M h� / I %t / / / / / / � � �. �/
� ' ' ' ; ; ; : ," t + ' + ' + ' + � + �+ � +'" + + +q T�'�%, T—BALL thru 9 YR 4LD f
°��'.�.t.,� ` +�+++ ++�++
na , , �+�: �; + + + + + � + + �D 52 Base line f/
•�, ,; ;'r <; � j++++ : �+++ �i'j + � + �t � � /
� � � 4 �""
rr ;.;;;;. �. + +�+ �� + + .+x.� • � A Lime inEielal
// ',,;;;,..�•%5{?.R �.•++�..+++ /S . g /
n ;,;,;;:�.;• + + + + + + +�* %� Grass outfie].d requires
� . _; ,; �,, �; � + + � + + + + + . * �`"`�a /�C leve3 field, good grass f
;�..r�.'tt:t � + + + + �r + +
� ,�;�,���; ; + + + + + � � + 1
� i i + +' i i i r t : i ! � + '�' '� t ^� "1t ' '1� �h �
;,�•��,��;• �• ; + + + + + � � � + �iQ Tap soil wauld have /
�n; +; � i � :. � � � ; ; + + + + + + +.;� + + � �,�` to be brought in �
`, '!.,'�'.'`" ' ' " ''. t + ' * +•'� ' � ��` � Back stop with hocd must //
, � n . � :; � w: : � t � �^ t ; � . • + � �...+ �t* •��4 � . � � be minimun of 9 Q' L'
� '' �•��'. , � � �' �'�.• ±II., t +
i�,��;���� � ' i
� ii � � � � ' r e � �'� � � � • + �F � * a �e� +•.s + + � �, 12 would be best �
�`% � � : _ = i r r�s: � tXSr � i l •' , t i '!' t����`i� 'F�+.i' 4 . � �► 1 ►
1i /J i' � i"�� r j�i i i�� i i � � �F t 4�;''•�f�.:eM �F 4 '
,.. n � ��r����+�i�f� ; � �f . �� � + t + + 4 t �
� , , ; � + + * + + + + 4 Players bench with
; ,�,,�� „����
��', ,;t�,s#::;;•�; ; r ,� , + + + + + + + + + protec�ive fencinh
/"1 „ � i' ��ii•��r,�t�� � � . �F ♦ �' 4 + + 4 t t 4 7
=� n � ,������;�.�rt; f : .� + + + + + + + + * + Out field at base line is
`�e�,� ��1,�"r � f �2.w�1Qi �♦ 4 4� t�M tft t t R
�..�+ �� . �i i'zi����i�:�ii' i i � 'F+�+++�!*t+4+M+�l+�+F+++ � rJ' � � � %� at G'Eiit�i'
�:1 n ; :,�lt;��;�;;'��; .; ; 1==895.20: 3(Y
} n • � + + t + � + + + �
� �Ih����+������t � �� T���.�d .Z'�^' + t t 4 t t 4 t t
.. /(� . i ±a�'.t i t,. � � i tti+� i � :S : i� . • + t �F �F 4 �F 4 �! t
fl '',�����•.• ' � � t + 4 t t t � t
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� �`' � t 4 + �i + + � t M + t
II ��.�;�� ir��i�'� � �
�� ii � � � . � t + t t + + + # +
�� t�"'i� '� i��t � t, � t
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�• �e �� t � � �
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ii��y�tt t�kt t � � � � h �h t �! � �
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•
June 28, 1996
i
Memo to: Kevin Batchelder
From: Guy'Kullander
Subject: Revist cost estimate
I have reviewed my earlier cos
a development'cost for two ful
those at Mendakota Park) would
$'! 60, 000. !
My original memo is below.
May 8, 1996 II
for Friendly Marsh Park
estimate and feel confident that
size softball fields (siminal to
cost approximately $ 130,000 to
� � Q
Memo to : Kevin Batchelder
From•: Guy Kullander . �
Subject : Ballfield Optians for •Friendly Marsh Park
A field observation and rough measuring indicates that one or
pvssibly two full size softball fields would fit in the old
archery rarige.
PRO: 1. City owned land
2. Isolated location, only neighbors at end of Apache
3. Adds five games per week during "prime playing time".
per new field constructed. .
4. If ok`d for 1996 construction fields could be ready
for play in 1997 (assumes good grass weather this
late summer and fall)
�
CON: 1. Loss of 50 to 100 boxelder and cottonwood trees and
some other scrub vegatation. No desirable tree species
were noted in my brief site recon.
2. If right of way for STH 149 was obtained from MnDot in
the future the fie3d configurations might not not be
asthetically pleasing when additional fields added.
3. Blending parking and the trail to shopping center
would be touchy but not a detriment to the plan.
4. Neighbors on Apache and Decorah would probably not
like an additional 150 trips per day that the ball
fields would attract. (Vehicle traffic)
, ' .
Cost. estimate:
Cost per �ield to construct to same quality as Mendakota .
... Park would be $65,000 tv $80,000 per field.
,
This would include outfield fencing and aglime warning
track.'Sanitation would be provided by 2 or 3 port-a-poties.
Fields'woul.d be "sheet drained" towards marsh, only parking
area would require storm sewer. Fountain could be provided
when water brought in for irrigation sys�em.
SE�tuR�
� `���1
� �.,� ��1� �
�
, � 1� _� - _,
� ��4� �e
�� �
� �.
� C1'� O� FRIENDLY MARSH PARK - DEVELOPMENT
���,�,llj 1Viendota OF TWO FULL SIZE SOFTBALL FIELDS
Heights
1101 VICTORIA CURVE • MENDOTA HEIGHTS, MI� 55118 (612) 452-1850
0
ti
t
Date: June 27, 1996
Memo to: Kevin Batchelder
From: Guy Kullander, Parks Project Manager
Subject: Freeway Road Site - Ballfield options
FREEWAY ROAD�DEVELOPMENT OF MnDOT UNUSED RIGHT-OF-WAY
1. Two overlaying softball field option is now deemed not
a feasible development due to the topography and storm
water considerations.
2. A one field option on the land south of Freeway Road which
would be large enough for baseball (90' baseline) use and
if the infield area is limerock instead of turf the field
could accodomidate 65' baseline play for adult softball use.
i
3. Purchase of the MnDOT land and three parcels in private
ownership north of Freeway Road would add 5.5 acres which
could be developed into a full size adult softball field
(same size�as at Mendakota) pius other areas which could
develope iito a picnic and playground area.
Attached are graphics representing the various options for
this site.
Figure # 1. Original two overlaping field option.
Figure # 2. Ownership of land parcels involved in development
options.
i
Figure # 3. Baseball field developed south of Freeway Road
,
Figure # 4. Baseball field south of Freeway Road and softball
and other amenities norht of Freeway Road
1
Rough cost estimates of the various options are indicated on
the individual graphics.
i
,
m
-- � _.��--- -
— — — — —" !j �—�_—•^ ; I• �
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.
SITE: 6 Acres `� � 3 � 2�� 1 ( �, 3 ( I2 , 11 ( 10 I �� I,�
I � � � � �
-City owned = 2 ac. �_` � (
-Purchase 4 ac. � �k_`-�---�--,�--` _�___L__
-Est. land cost= $200, 000 �= i� S. ��
FIELD DEVELOPMENT = $160, 000 --' -`-����'���� —� �� ^
��� �—� � -------=---_..�
High grading costs. •
No extension of South Plaza
Drive over Hwy 100 possible �
if fileds built.
� City O� FREEWAY ROAD - Two Ballfield Option 6�2��96 I
���l,�lj 1Viendota (Overlapping fields) Prepared 3/96
Heights FIG .
# 1 <
1101 VICTORIA CURVE • MENDOTA HEIGHTS, MN 55118 (612) 452-1850
` �.
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l�_i_"� �__.___ •------=--�' �
�` /,,•r__ *-t-�-i -;------- --------�_�__,..
J�U� /, j� ti,,,.v� . .
. �
� � ! ��
�� _ i � r/� ; _ .� ..._ _... _ _ __._ ._ — — ---� — — —' — � — � �`�;
o`o,y �, � 6 ( � � � �
� /, /� . � . . . , I I i
._�r� �r� ', 1 `� � 4 �l 3 � 2 `� � � � � , t.2 � I1 � tt
/.�! �� �----------- � ------! ---' ---t--��_- _I _' ___' I
� r i � - =�= k= �____�- -- —..:
�.-- -- � -� _
�" FREEWAY ROAD SITE - LP,ND ACQUISITION i' �_ � `-�"'� ��'-
� �' �_`- --
•--- #1 MnDOT �3 Acre @ $ 105, 000 ���71�.. -!� -�,"� _.
� i #2 Hohenstein .65 Ac. @ $ 23,OOQ '
#3 " .89 Ac. @ � 31,000 �
j�� #� '`' 1.0 Ac. @$ 76, 000
't includes Camm. Storage Building �
. � but not hamestead. New driveway
y, access needed to house ;
�� #5 City Owned 1.75 acres I
� ` #6 MnDOT 5.0 Ac. @ $ 'f75,000 ,
,,^"' TOTAL LAND CQSTS = $ 390r040 � ' _
��C1� t3�
... �,,.,, ,�,endota►.
�eigh�s
1101 VtCiORiA CURVE •
FREEWAY ROAD - Land Ownership
HEiGHTS, Mt� 55i1$ {612) 4521850
�1271g�
FIG.
# 2
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�`�`is� .n//i -
„ �_..._-t..,. �..�_��_� _--- —�'---^----�-- �
— - -�
't I ' 2 p��zK�al� ,
`�, � �,n � /
..,, ; ` � �
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�,,/ -� Ql�a'? i .
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j` �! ' ° 5iu��c s
♦
i�r-------- i �N�� "�90 330 `l
� � � � . ��
.
-` • . � • .� 1 I I � ! f
I 5 � 4�I 3 I 2 �! � I � 3 ( 12 � 11 ( 10 ���.. t
.
�------.--- �_______� __ � _ � �_, �_ ! E 1 1 1 ! �
-------_ �� =�� - =�----H ��=�=�-=--�---_� �
, - - - —,, - + - - ;.— f- - - - + - � -�.�- - � �,... _,j,� _ � ..... � �- ��'=�`�_
;.� � " — - y� - _' - � _ � — - ��;'�`kl�`�TX ��1��`� 7it�— = =-�" = = � � ti — _ - -- - ~
__,=� --��
Es�. Development Costs $340,Q00.00 � ~ �
-Land $ 175,4QQ
-Field 165,000
��rii�����i i�������i�i�irirr�rr���� i���
����� C1 O�
==e� FREEWAY R(?AD - Baseball Field ��2��96
��.�.�l�l 1Vlr. �O'�ci.
Heights �Adul� so�'tball) Development FIG,
1101 VtCiC}R1A CURVE * MENDOTA HEIGHTS, MN 55118 (612� 452-1$50 #�
�
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- ,/ - � � - � pqeK�a� .
.�j� �� � 6� } i
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.
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-- --- � � . �,Q� � � �
— =� �� ., `� � a� 1, �
.. �� / , 3 �, • � ' +
� .� � � 1
/ � �
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' i :, 5?a�M 1 �
;� /. — — — — — — , PoNn � � j 390 33� '`
� 6 ( ` `^. • ``
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� II S � 4 JI 3 ( 2 �, � ' I 3' 12 I 11 I 10 (��
� I 1 I I I
Est. Development Costs $700,000.00 �__ __ __
-Land $ 390,000 � ��=��_�_ -.�--`-�^
-Field South $ 165,000 ;.�.__� �„_��_� _ S = �-_
-Field Norht $ 100,000 Fj��rp = - _ _ —"' -- --
-Park Ammen�ities $ 35 to $ 50,000
�
� C1� O� FREEWAY ROAD - Baseball and Softball 6/27/96
�,►�1,►1j 1Viendota Field Developments including Park
Heights Ammenities. North and South Sides FIG.
# 4
1101 VICTORIA CURVE � MENDOTA HEIGHTS, MI� 55118 (612) 452-1850
i
I
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' •. � , - . .
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• • . , �.. . • � . . � . � • ,
.� � . �' -� . ' � "'�. '. ' , ;. . .,-. . ' . .: ..
. . .. . � . T ' ; . . " , ; � � .� _' . ` ; � �., . .� . : � . ' .-_ .� � . .�. ;,���rie "L g_i:1 R;R � . .
. .. . . : � .' ` .�.. , �f . : . _ � � . .: , � � � �• .� : .�, � ,� : .� � .
� _ � � . .. . '. . , �. . . � . .. -:M�o : � � . � . � � � �- � . . . � � . .. � : -
' � .'.To: , � ��May.or.�Mert�nsotto', �Couri�c�i.�l,.meinbers ��ill'.���mith�,. ��ohn.':Huber, �. � �
. � - � . . - . - Cl�ristine �Kock; � �Sariel�a •.�resb.a�2i; , . • , � � -: . . . � . . .. � . . . .
. .� . � , . „ , • , . • . � •
-- : From: . � Jc�hn�:.Nortan . - -i�lendota �FieigH�.s �Athl�e�ic Assoczat�ion: .`. '. �•. .- '- • , �
, - • : . ; : Baseba1:I: 'G.ommissiorie.r. : . .. � ` ' � '..•. • - . • . . .., ,.
j .. . � � . J'im Kilburg - �Aduit. �Softbal l Repr.esenta�tiee, " . . � : :
�.� .' . ' - � � . � . . ..,• '. ' ,' • • . . , - . . . . � � .. ' -
' ., We �= have'.been: invalued.in��a,coimmittee over:.•t�ie• past��year with �t�he �
. .�' �C;ity .staff.• w%th the�:purpose� o�f fi�nding�.a f�asibl.e. way. to �increase .--
� �- the....City`s -bal�l` �•..��eli�;- capacity,' �Th+a. need for a�� �greater� -bai�l �. °
. • � ' � `:��f.ie�.d�� . c�apacity is ;�•. •the ��di`r�ect •result .of•� rapid . growt'h �in . .MHAA ,
• � • • . � participatiai�� : iPa.'rticularl;y �:.-the� �girl�s program�}' ai�d ;an =increa�se :� .
� • • : � -ne.ed �'for'� 'adult•'softbal l', :as�� w�ell� ::- . This :need became. riiioire critical " - .
� - ' �.�� �this . - spr�in;gA.� .wYieii.' MIiAA �lost; .bal_1: fields= beca�se�.of.. other� •cit:ies
� �• iieec�irig�'� :t°hem��for their owr�� growt.h' or� the '�ields were��.ri�eeded. �f6r�
� . �' soccer,,. �•because - af �their r�apid growth �(soccer is" .the �fastest
• . _ �gxowing ., team -yout�i. sport� in` tlie- Couritry) .. ' Adu�lt�.,so-ftba].l' is �tiie" .`
.' " ��fast�st " growing •� : "kioomer" .����te�am sp:ort' in; � �this � �Cotiintry •-. �. see. �
' � -��ncl osed.�.�a'r-ti.cl e , �. � �' : - - . .. . . ' . � . • • . .
• • �'� �. • ' � ... �. . . . ` • ' • ', ', . , . . . :. .- . '
�� '. �?ri� 'the�pas�t:',four months 'a task force •was���ormed to �rep.resent th'e . � •
. • .� ' •Athletic� ;� Assoaiati'on, .. th�e Ci�y,'. and t,he neighbors of Mendakota � � �
• . � .' , ::Coinmunit�'' Pa:rk .who� �a.ppase��•the. instal l.�a�.ian�'o� .l��ights �.on the -kial�l
,- °_.,.f�ields of� �i�ienda�ota� Cammunit,y��Rark: � � . � � � . � - ` - � . � � � .: :� �.
, - .. . . � . .. . . . . _ , . . .
. . � . • The 'intenti on � cif th'e 'iask f�o'rce ; was � �to take :an� cspen �tnincled . , I ook "�- . .
' ` - . . _ '•at • al l .''of ���.,t�he options and ,�heri� to det�er.min•e. �:�the : � most� :. cost'�.:- •
. - , - �effecii�ve'- -and �long-��term: solution af.� increasi:ng. our� �bal.l "' field � _- .
� . -capaci ty.. � • • ! . � •' • •. . � • � . ".. � . .� '.. . � • , .. . . -
, � �. , . , . � . • - . . " . . . . . •' .
. .. -�'-We '.�have,' .1 aaked :' at� every�: avai`l abl e. partia_1 � of I and: in �� Mendota•�: `.
� . . =Heights., ' �r:e ; have � '.loo�ed �. 'at � ' the instal lat�ion .� of• � ligh�ts at. � .
•. ' � .;Niendakota •�Goirm�r►unity •P'ark and -the _cost . assc►ciated• with'.�them. - �We ° '
' � . : �. have compa-r�d '. the . ,.number .of :games._��and t�e. pl•aying :.times - (.see. �
. - - -exh�.bit-one�}�:.that �could ,be.gain�d�-fram�'bath,, ;arid. it �iaas�mor.e. �:h�an �. _.-
, . � obviaus, that. 'the installat�ion' of � lights� wouTd be :the'�`.most. �.,cast • �
..��..ef.f�ecti�ve ;.:- arid.-a•lsa.�:.sa�:is�fy-,the. �need�.•of t'he �youth •as -we13' as `,�u�..:.
� . ;•..:�,��duits � sQftbal l� : prograins � lonq �:term�. �In ,fact., i't�..•wouY�d�. �� satisfy�". .
.. ', '. ' . the � 'needs- o,f -; Atiie ..youth. programs• up. �to age =th�ir.t�eri-. fram•.�� this• • _
� , , - •' . :,.paint���` fo,rward with;�'absalute3.y': rio ,need� to �build ariy� •a�iier �~ youth'
�' • . : size ,.�fields,, � parta.c�ularly�'.with t�io; y.outh� size:; �ield� � coming, on.'•• • ' •
. �_ . �� line � in 1998 -w�t•h� the-:new ��Middl,e��S.choo.i . � �-, . � . , . ` . . . _ .,. , .' '.
• - ',: . . . _ -
_� . .::'`It : ��hoixlcl�; �al•so; .be noted �t�a.'at•: we have.�, aitemp�ed.�,to , inc:rease.� �the '' � ' .
, . , �aalTfiel'd�"c�aga�ci.ty-:.b�cause of .tihe ti'ncr�a"se�,numlae•r'.•af��,.pa�r�tici�p�nt's� - � ,
.. - - ', and� lack �o,f.-�f'ield`s�� i�n� 18�9b',`�_by'•sh�.f�.iiigF-and .reschedui:irig��some of ' . .
. - . �our adul t.:.softba�l�l � ;.t'eams to � ' - , . . _ -. ✓� ' � ._ � � . ; - , - -� � �-
a� � I v. ' . ' . •��f • xl ti ♦. ' .. � . .,.k ' I . . � � '-
:: r ' ..4:- , , • a : . .A . . , R . , . ' ' . . i , .. .: . . � , ' + . ; . ' _ �..`. , .
� '•.d.ifferent times and nights. Unfortunately _as; a resul,t we. have �
.• lost., our co=rec.reation .league�because they��are unable to field '
." �r�the.ir.� �t.eains� for the�.Friday nigh.t- slot. (.It:.is;not��our des.i're� or' . •
�. �'. ' our_� � �i�n�erition� to. di'srupt �any� more adult� sof�tbal l � •league��, •' t.he �:��
. •�, adult softbal l players un:derstand .the'. iinportance of our �yout�h �and •
� � ". �the •need . for� . finding -t�hem fiel.d� to play ori." As� inany� �of ��the � � �
', .�softbal l players.� have kids .in: the the youth' pr;o.grams, :'but �.the ' '
;. � ,adults' desire, to play and they ne.ecl to have a.plac�e to play as�, '
' . .wel l:). .� ' ' '. : - . � . .. � . . .• .. . • ,_. . .
. • � , ' �Before� ".the format�ion �of�-the task �f.or.ce; .we met'with tYie' May�o�," :; �
..', . .� the. Cit.y� Council .Members and :the park.�board -in ,a � �oZnt work shop :; ,. �� � �
•�. •�� where.� we discussed" our 'f�indings� and �o�ffered a solu�ion. It was� �
. " apparent at .�the �time the-best solution �o• the prob�l,em was the �'•
.• .-• �.installatYon of .lights . The . instal l�ation of: � lights was � approved
. . by .the•� Park Comrriission � and the Counci 1 . � �• , . � � � " �
�.. Af�.er public.�'�notice ` was , given t'lie neighbors ' of Mendakota' - �
, Community. Park� �voiced-st.rong .opposition� t�o the solution•. Basecl ��
�� ori.•.a number of items,'written and their..petit'ibn {please see .� .
. exhibit .t�"ao). The. Mayor -and- Council recommencled�..tlie' •formation•. of � •
. - ., task. for,ce � that ' would include the� �oncerned neighbors . • • .
' • . P,t � . this . point, •.w.e. �as "representatives of sof.Eb.al l .� arid the �
� � - � . assticiati�on, � went in wit� ' a �pen� mind� hoping � that�. �after � sharing
' '• al l`.. of � our �f indings , iahi ch:':incl izdes both youth:, � adu.l t; ��mal e a�nd ��
: � �fema�e'. "pragra� participati.on; and t.he number •of .cur��ent � fields. .
.� avai.labl.e,� schedul�es;��games pla�ed.and demdgraphic 3nformati�on of �
- ' � future � • growth,- that �-tlie •concerned. nei�ghbcsrs wou-ld �unders�tand o�zr .
� �needs �.are �real and: that af ter l�ooking , at the other �avai 1 abl e 1 and �
.. •..' and" it.'s asso.c.iated deve'lopmental cost, �.they .would understand
` 'that- .the installation •of� lights is not� on�ly the ��most cost=
; effective plan�but�also provides �he'best. return :on� .investments
� � • (see attaahed . exhibit number three) . This •.woul.d � benefit' � the - .
• ' � � •as�ocia�ion', •the :yout�., the .softball, program;: and: the eommun�ity
..- - at. `, large.. W.e als� rev.iewed a video_,tape and�.p.resentation .by the , .
� city". sta`�f that .describes in.detail, t�he�:,different .styles of- - -
. • .:1 i.ghts •' . �and �� pol es = used'= :�for bal l parks :. � � TYie -.,� video ' tape
..� dramatically.�demonstrated the design.and placement�•of the light , .
'� .' poles': and ,th'e instal lation of sliie�lds and � energy .efficient� lamps
. � •, that�� ,.w'il�l • pr�ovide� �a �bal l, fi�eld that .is wel l , lit, aestheticaily � �
pleasing,.: �and yet�-control.led. �to the point �of virtuaTly..no: light' •
• . ..SP�.1•lage �or glare.� : � . � ' • . , • . . ..
�. �., The city staff a�lso�pointed out',the:.l�ine �f sight. from- Mendakota ..
.. �; park � based . om •.el e.v_�ati.on pr�ovided. by .the cit,y, ind.ic�atecl tha`t only
•. the �t'op � five �•feet � of tlie light poles would�•be .visi.�le to -the
� Mendakota� �Par.k� residents.' -This c�uld easily be• overcome� by �s�ome .
�� .� simple - landscap.i�.g , as. described - by the .original�.• park board ��
' - proposal �(see .highl�i.ghted�niinutes from the park'board meeting,,: .
, � � � exhibit �4•).. � . • . . � . . , - ' . � . - �. . � ' . . . .
� ,... . . .. •k ' ,. • ,'' . I , � •' " , •' . , ' � � . . . ."
y � �_ � .. • i ..• = ' � : ' . �.. `; � . . - '• , t' •
' '• . ' . � • • • , ' � ' , , , � � f ' - .. � • ` .' ' . • . •
It became obvious to the members of MHAA and the softball
representatives shortly ,int.o �the. negotiations •with,' tYie ant'i.-�li�g.ht
petitioners • that their intentions wer�e persaizall•y based arid• �t•hat
they refu�sed to recogni�zed the :concerns :of � our .you�h. �ancl � adul�t
recreational needs. �The.neighbors•disputed the numbers of• the
Mendota. Heights Athletic Association a�d disagreed� with� the
projected growth based on the numbers provided by�District 197.
and the private schools. .� � • � .
In� doing;. hours� of re�earch fo�r MHAA, and softb�l l;�we��have become
very frustrated bp' the neighborhood groups .attemp.t to� di'spute the
numbers, even�.though they have absolutely.�no pe�-sonal�ex�erience
or �involvement with our prob'lem. We. fe11 : their� fail�r�e to
recognize or`understand the facts that we have presented to them
was obviously �a forgone conclusian on their 'part.-making the
entire process an exercise in futility. While we were doing our•
research, we reali.zed even� more so what a. problem .we have. •We
stand by thes�e numbers and a�re more convinced than�ever that our
ne.eds are real and�has quickl.y become a crisis situation as the
field capacity �has diminished relati�ve to our� coinmunity ne�eds.
Mendota Heights athletic Association provides an irivaluabl�e
resource.'for our youth to this�City....The Associat.ion feels •the
participation in• sports.is more t�har� just g.et•ting�our youth in
shape or, teaching them ihe skil•ls• the.y need.' to .compete, it � is
about �learning. to work as �a team,'. c�ompeting �liard but fair, it's
about respect for your opponent�as well as• your team mate, it's
about learning :how to win and�learning how��to lose. These are
values we; al.l c.arry on throughoizt .life and�val'ues that' make our
families stronger and our community better. We all know we need
more of �these values instilled in our youth; tY�at is why we fe•el
so� strongly about having the .resou�rces to be able to�continue to
�encourage_ participa�ion and development of the skill�s t.he next
g�eneration will� need. We fortunately, have had�many dedicated
volunteers wYio provided� thous.ands of .hours of their time to teach
our ,youth the values of good sportsmanship and respect for each
other as well as teaching the skills they need to piay the'sport
and� the skills they will need throughout their life (please see
exhibit �number. 5 detaiTing the value in dollars of "the hours
contributed by�our associati'on). � • ' " �
We feel that our city.has built a first class complex that is
second to none in�our area.. It is not a neiqhborhood�'park it is
a communitv park that benefits all of us. �It's usage has grocan
every � year �since it was built. and� now�. the time has -come ' to
maximize it's.potentia.l'by installing lights and�extending piay
time to allow'our youth more,opportunity to participate and yet
allow our softball players the'time to play. .'
G
i , y ` I , . • •
I
It, would seem that a 10� new capital ihvestment of a 5150,000.00
'' based on a million and a half dollars for the original p�oject is
'a very•minor investment �for t�he,�amount of payback� it would.gain.
' It, can inc'rease. the � capacity: of� the fie.lds by as much as 100�.
There.'are not many investments like that available to the City.
(See exhibit number 6). �•� • �
, The .install.ation of lights would not oril�y benefit our youth �and
�, � adult�, play.ers themselves., but 'also the�ir families enjoy watching ,
. .• and suppor•t them: ,We� urge you :to �support this inyestment in our
' comrriunity. � � . � .
. �. Respe.ctfully . �
� 'John"Norton., Baseball Commission�er for the Mendota Heights `
Athl.eti�c Association �
. �Jim Ki.lburg, Adult Softball Representative" '
0
EXHIBIT 1
Legion and VFW
Baseball - Softball -1'NT - T-Ball - Travel
Mon Tues Wed Thurs Fri Sat Sun
Mendota I � AL BCP AL BCP
Mendota II � AL BCP AL BCP
Vic. Hi � AL BCP AL BCP
I Falls � AL BCP AL BCP
Friendl Hills � AL NL AL NL
Wentworth AL SCP AL SCP
Marie TNT SCP JV SCP
Va11e TNT SCP TNT SCP �
Ha -Kin ' BYc'�IN SCP JV SCP
Civil Cgaide , 17l13 Travel 12/13 Travel 12/13 Travel Mens i?/13 Travel
Softball Makeu
Mendakota 1� AL Adult VAR Adult Adult Tourne JV
Mendakota.2 Sibley Adult Sibley Adult Adult Tourney JV
' Girls Girls
Mendakota.3 ' Adult Adult Vaz Adult Adult Tourne JV
Mendakota 4' Adult Adult AL Adult Adult Tourne JV
Sible 1 � VAR NL VAR NL Tourne VAR
Sible 4 ' VAR NL VAR NL Tourne VAR
Sibley 3 �, ls-i6 vFw, is-i6 vFw, is-i6 vFw, 15-16 Travel
' Le 'on Le ion Le 'on Le 'on Makeu
Sible 9B Soccer Stin Stin JV Stin Tourne
Sibley 9C Sting Sting Sting JV Sting Tourney
Soccer
Sibley 7 ls-i6 vFw IS-16 15-16 L 15-16 LN- Travel
Travel Legion Travel Travel Makeup
Travel
Sibley 8 '��on IS- Legion 15- Legion 15- Legion 15- Travel
16 Travei 16 Travel 16 Travel 16 Travel Makeu
Mendota.III T T T
Sible 5 , T T T
Sommerset 1� T T T T
Sommerset 2 T. T T T
Visitation TNT BCP TNT BCP
St. Thomas JV ' 15 Trav NL 15 Trav NL
St. Thomas V' VFW 14 Trav VFW 14 Trav
St. Peter ; TNT BCP TNT BCP
�
No Longer Available
Total Youth Games per Day:
Monday 23 Youth Games
Tuesday 23 Youth Games
Wednesday 28 Youth Games
Thursday 25 Youth Games
Sunday 6 Youth Games
Tota1 Games Per Week: 105
Games Played on Mendota Heights Fields 44
Games Played on ISD 197 or Rented Fields 61
Field Capacity now Supplied by MH 46.2%
If Lights are added: 20 Games/Week played at Mendota Heights minimum.
This is a 100% increase Youth Games at Mendakota. �
With more flexible schedule it could be 200%.
� .
i
{
EXlllbl't 2
PBTITION
1
TO: N�TDOTA HEIGATS PARR & RECRSATION BOARD
N!ffi�]DOTA� HF�IGHTS CITY COUNCIL '
RE: PROPOSAL FOR THL INSTALLATION OF FIELD LIGHTS FOR THE
SOFTBAI,L DIAMOND,S AT NIgNDAKOTA PARR
We, the undersigned homeowners of Mendota Heights who live
near Mendakota Park, hereby register our objection to the
proposal for field lights to be installed at Mendakota Park for
nighttime play at the softball fields.
We have the following concerns -
- Lights shining into our windows until late in the evening;
- Noise from softball players and fans until late in the
evening;
- Increased car and pedestrian traffic congestion on •
Mendakota Drive;
- Rowdy behavior and drinking by adult softball players and
fans until late in the evening;
- Insufficient enforcement of park hours which permits
players and fans to stay in the park too late, making
noise and causing trouble;
- Use of city resources to improve ball fields solely for
the benefit of adult softball players;
- Use of city resources to benefit adult softball players
from other cities.
We demand that our concerns be taken into account in any
proposal for;installing lights at the par}�.
:11:
Current Scheduling Without Lights: 6 Nights Per Week
10 Youth Games/Week
28 Adult Games/Week
Scenario With Lights: 6 Nights/Week
20 Youth Per week;
Youths Begin at 6 pm - with 1:50 Time Limit
48 Adult Games/Week
With Double Headers
�
1. That the lights must be constructed in an aesthetically pleasing rnanner (nice poles, few
lamps, etc,}
2. That the lights never be on after 10 PM.
3. That the 1`rghts only be used from May 15 to August 1 of each year.
4. That the Special Park Fund contribute no mare than 25% of the total cost of the lights.
Kleinglass stated that he is not in favar of canstructing the lights, and that it is unfair to
say that 1200 people are in favt�r of the iights. �
Norton stated that the N�AA has agreed ta schedule between two and four weekends af
play in order to meet dennand and wark cooperatively with adult softball schedules.
Libra stated that the lights constitute a reasonable expansion of the use af the fields. Libra
added that the City has investigated alternate means af ineeting demand, such as spending
$40,000 to $60;000 for temporary fields at Mendota Plaza £or 5 years. Libra stated that
there is a tremendous amount af information available about the M73AA's need for
additional fields. Libra stated that the lights would benefit and serve the youth of the
cornmunity. �
Spicer stated that he wished to add another amendment to Liberacki's motion; that there
be no additional softball leagues created. Commissioner Libra disagreed that tlus
restrictian shoutd be placed on City recreational programs.
Ms. Biesener stated that the Iights represent too much tax money spent to simply extend
play for one more haur.
Linnell stated that the athletic community must work with their scheduling to a greater
extent ta accommodate demand. Linnell added that he would be less willing to build more
fields if lights went in at Mendakota Park.
Linnell stated that he wisl�ed to add an amendment to Liberacki's motian that no more
lighting be constructed in the area for the parking lots, the play area, and the soccer field.
Ms. Blesener stated tliat additional landscaping should be included that would shield the
NSP plant. ;
Carr�nissioner Spicer called for a vote on Liberacki's mation as amended:
Molrotz to r-eeorrrnietrd to tl�e Cit,�r Council ihat ihey dstertnine a funditrg method for
ball.fr.eld Zrghts at Mendakata Par k�vith the followrng co�7ditrons:
1. That they also p�•ovzde fo�• $10, OOQ ivo��th of Zaf�dscapir�g to alle��iate the potentrczl
;�isual inrpact o. f'the Zi�;hts
2. That tlie lights nnist be cor�str�ucted ifa arz aesthetically pleasing ma»fier (nice perles,
,fe�st-Itrrnps, etc.)
3. That the Zights never be on after 10 PM.
4. That the lights only be used from May IS to August 1.
S. That the Special Park Fiit�d cotitribute no more than 25% of the total cost of the
lights.
6. That no �iore lighfirig be cor7structed in Mendakota Park for the parking Zots, the
play area, or the soccer fzeld
AYES: 4
NAYS: 1 (Kleinglass
REV�W OF SPRING RECREATION ACTIVITIES
Mr. Batchelder provided a review of Spring Recreation Activities including golf leagues,
adult softball, sand volleyball, in-line skating and "Build-a-Bird House."
UPDATES
Mr. Batchelder provided updates of the following items:
• Police and Parks Department Reports for Januar,�
• Friends of the Parks Tree Program - February Newsletter The Friends of the Parks
will once again be having their tree sale this yea.r. This will be announces in the
February issue of Heights Highlites.
• Par 3 Golf Course - Ski Trail Discussion Staff met with Mike Cashill of the Par 3
Golf Course to discuss the possibility of allowing cross-country skiing at the course.
• Friendly Marsh Park Trail - Senior Housin�
• Harriett Island Interpretative Center - Invitation bv MNRAA
• West Saint Paul Parks and Recreation Information Staffprovided information
regarding golf at Thompson Oaks and other West Saint Paul programs.
ADJOURNMENT
Motion to adjourn made by Kleinglass and Seconded by Linnell
AYES: 4
NAYS: 0
The meeting adjourned at 8:55 PM.
Respec�lly Submitted,
Pat�-ick C. Hollister
�
E��IT FIVE
Volunteer Assistance for Mendota Heights Athletic Association
Mendota Heights Athletic Association presently has 70 coaches volunteering approximately 12
hours per week and one voluntary baseball commissioner at 45 hours per week. If the City
were to rua this program and pay for the quality and experience of these coaches it would cost
the City $8,400 per week, assuming a pay rate of $10 per hour. This does not include the
Commissioner's salary or any assistant coaches, equipment managers, the cost of equipment
and the umpire's fees of $25 per game.
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Now and then a curious but, I• have been told, by no
means unique tlxing happens to me. Call it the seeing-
for-the-firsL-time-sametbing that has-aften-been-seen-
before phenomenon. Driving an a frequently traveled
road, you "discover" a barn that has obviausly been
there for many years. Ur, walking aiong a familiar path,
you nodce a hard-to-miss knot on an oak tree yau've
passed a thousand times. Last summer I had an experi-
enc� of this sort involving the game af softball.
My wife, Ann, and I iive in cenual Pennsytvania near
Fairfield, a village of 500-plus people located on the
�,
east side of a spur of the Blue Ridge Mauntains. Our
son, Ky, and his daughter, Amanda, live with us. Arnanda
has a number of athletic cnthusiasrns, but her favarite
garne is so£tball. When Amanda was 12, she was a decenc
first basegirl for the Apaches, one o£ eight teams in a
ieague sponsored by the Fairfzetd Rccreation Assacia-
tion, a volunteer community group. The Apache g�ames
were played early in che evening on ane af several $elds
ma%ntained within the village limits.
Ta do what grandparents are supposed to do, be sup-
pordve, Ann and I had dinner carly. on game days, took
aur lawn chairs and coffce to the ballgark and sat along
the right-fieId line. So did a tot of other FairheId peo-
ple. Some spread out picnics on the grass; others had
playpens and sUrollers to restrain toddters: In effect, it
was a comrnunity timc-out during which peoplc set
aside what�.wer eTsa was gaing an in their Iives t�a watrh
tho �*ame and socialize.
The moment af epiphany occnrred onc evcning in
July after a midday thunderstorm had cteared and
ooaltd the air. By 6 o'clock the hills to thc west were
�nS P�'Ptisb and had begun ta caat saft shadaws on
die field. Ann said: "You know, sitdag here, doing this, is
onc of the best times we've had." In cantext, she was
talic%ng about 45 years durin� which we think we have
had our share of gaod times. �Vhile I was ncflecting an
thc truth o£ this, Amanda started a nifty doublc pIay.
Thai starttd me thinking about the game itself, which
was why wc werc there. Iike miltions of ot�ers, I have
played and watc]icd aoftball for abont as long as I c�n re-
metttbe�: But prior w� that �niug, or so it aeemcd to
me then, I had'ticver rrcally nadced what an attractive,
uitertstuig and--by sevcral definitions—big thing it is.
Baseball may bc the national pasfim� for literary jour-
natists, arty filmmakers and nastalgics. City slickers,
ceIcbrides and Haosiers have basketball. The militac�
industrial macho establishment turns w faotball. But
. when it oomes to what we Americans actualiy play» soft
baU is indisputably the great nafional game at►d passion.
My friend Tom, a policy wonk in Washington, D.C.. is
the shortstop on his office softball tcam. One day after
wark he and his team sct aff ta ptay a team from the
Trcasury DcpartmeaG When they arrived at the field
they had a pernut to use, they faund a squad of Congres�
sional stat�' people pracdcing ihere. The argument that
ensucd was settled Washington-style. The manager of
the Trtasury team went of� and returned with a patice-
man and a lawyer� who dislodged the Congressionals.
$etty is a scientist who works in Laramie, Wyoming.
For several years,I called tier frequendy for information
Runner on first breaks for second as visiting-team
pitcher delivers in game at Fairfield Flames' home field.
Photographs by David Harp
71
about a research project. After we got to knaw each
ather, she cvarned that it was pointless trying ta talk ta
her after 4 P.�z. on Tuesdays and Thursdays during the
spring and summer. That was when her coed softball
team played. I asked her how they ��+ere daing. She said
that their pitcher had a mashed finger and was tem-
porarily out o£action. "$utwe're stitl in third place and
when we get the pitcher back we should have a shot at
winnitig Ehe league this year."
Some 50 ��ears ago Pete and I played on a high school
footbali team in 1rlichiga:�. Falloti•ie�g military service
and college, Pe.te got married and ���ent into the oil busi-
ness in Grea[ Beiid, Kansas. He started playing serious
softbati in tI�e Army, and for abot�t 30 }�ears in Great
Bend, he 1,�as a better-than-£air first baseman for the
Co«�bo}rs' Oilfield Specialties. After his ki�ees gat=e aut,
Fete managed the Cawbo}'s and orcasionally pinch-hi�.
�+VIzen we gat tagetlier reccnti}r at a i•estati�'ant, ctte sat f<»-
three ho�u�s talking about old a��d present times, bu�
mostly abatzc softbail. At c�t�e point 1'ete decla►-eci: "Tl�is
7��
is the absolute truth, Bil. Except for my family and
clit�i•ch, pla}�ing saftbail and the people F'�re pfayed with
ace wl�at I'��e loved most."
according to d�e Amateur Softball Association {ASA)
bxsed in Oklahoma City, around 40 mitlion Americans
are no�r playing softball. In addition to picnic and other
picl:up-trpe games, there is more-or-iess-arganized soft-
ball for �romen, men and cornbinations d�ereof; £or peo-
ple under 7 and over 70; far those of simiiar ethnic
backgrn�uids, and religio�is, political and ideological
cc�nrictic�i�s. There are saftbail tea�ns f�r a�ztoworkers,
l�ankei•s, cops, doctars, filmmakers, prisoners—��nu
n<�me it. But rnosc softball is played b}� people �vho sim-
pt�� enjar the ganie and don't care mtith �cl�o tl�eie team-
►uates or opponents are or rvhat tliey do Uff the field.
Ti�e a�-igii�s of basebait have become obscured l�y
7�hrr rrrrtlrcar- i.a2lPrr•zr�itetl Jtis cotrflti�zg l�rsl _yYrr.r• to
x<�rit� abuz�l �lt�� ��l�nr of 1 b'12 (fn�riun.�'), s�cl leaclr.��
faurrs 41r�trz� {�iugtcst.) �rrzd arart�rdi!!os {O<tuGPrJ.
apocrypha and controversy, but sparts historians are
generally in agreement about �+�here, when and by
whom softball �vas first �played. It �cas in Chicago at the
Farragut Boat Club on Thanksgiving Day 1887 by a frol-
ic of Harvard and Yale football fans. Those sportsmen
gathered there to receive telegrapl� updates about the
big football gauie being played b}' their respective insti-
tutions back East. When it was o�•er (Yale won, 17-8)
a Yalie threw a wadded=up boxing glo��e at a Harvard,
who inexplicably was holding a broomstick with which
he smartly whacked the glove.
In �he cro��•d was a sober �•outh. George Hancock,
who worked for the Chicago Board of Trade. After see-
ing the horsepla}' with the broomscirk and the glove,
Hancock told his rowdy companio�i•. "I belie��e this af-
fair can be worked into a regulac game ..., if ��ou will all
come down Saturda}' �iight I'll make up some rules ...
which �+�ill suit the purpose of the spurt."
On Saturda�• Hancock sho�r�d up at lhe clubhousc
wi�h a sqi�ish�• l�all, a bxt and, as promised, a sc� of rulcs.
Angie Graeff operates the scoreboard while her dad
plays fast pitch on.a 103-degree afternoon in eastern
.. Pennsyli�ania. The'bucolic diamond°(left), located
near the �°illage of Willow Street, was once part of the
pasture of the farm visible behind trees in left field.
The assembled group began playing in gyms and clubs
around Cliicago. The next spring the softballers took
the game autdoors, and within ten years various forms
of it had spread throughout the country.
A turn-of-the-centur}' sporting scribe observed that
softball �ras "a great game played by good fellows." Also,
a bit oddl�•, given the social climate of the time, it was al-
ways regarded as a great game for girls and women in
Chicago and, even more surprisingly, for coed teams.
The mixed-gender game soon caught on elsewhere, as I
can persanall}� testify.
In the 1�30s, �vhen I first knew my grandmothc r,
Annie Sparks, she �+�as a retired schoolteacher, hobbled
bp a game k�iee. We were both big baseball fans but aii-
tagonistic <�nes since she was a ferocious Chicago CuUs
rootcr and I�r.is for the Detroit Tigers. �1'hen i visited
her in souchern 1�•tichigan during summers, ���e religious-
ly listened to bal! games—usually the Cubs, sincc she
o�e�ncd thc radio. Abo�•� it was a photograpli of a sciftball
leam on �rhich .-�nnie had pla��ed when she ���as a stu-
7:�
< .tegQmP ��al 6rtngs us `��et/aer
e�> a terrific pjtcher
>$Os, disp]a S for a cliam
Y winclmiq-Sey�e �eli�� nship
Y
��" `O a batting Iesson in jg�'fi
�ent, circa 189?
�rersity �� Y , at what is
mates, ��e oFe ch Sen now Eastern
blue bl X, who Iciure she pos�d�h'gan Uni-
azers, �nd b�oo were wearin with tearn_
grandmatlier 'ners or a,h�te gsolemn looks
ceorna
pow n�nd a de � e was a gQod 8eldiannel pants. M,
er. She P ndable co ng second b Y
beiizg forCep/ayed oFten an� h ntact hitter but ase_
bicy�lin ��o ret�re becaus �rd f��• thi- �acked
In � a�cident. e she tore li ee Years before
193;� a worlc!' A her knee in a
tion� i,as helci �n S fair, the
CJt1fQg'p T1'lG �'hicago, � enturyofprogress
u��P or an assaciaced �xPasi-
game foj• pro fessio a�n�2ed the h,,t� ��S festivft ,
\'ationa! ►ea players fi•o ehall Star
gu�s. This m Che All-
natur�E! Americail and
truen am�r�a[ cha �n �t recall Y excited 1»
also A nship �o£tbn�xjng chat h first
heie�g lield m io
� Despite t/ie at theFair. ali tournam�nt Was
� I�ircl�hiki��g— oreat De 55
Pression,
$�it the�, ��•�•iti�ed Chicaga for the softba(IS C�me.,.._s�me
game was �� be with disparate
pla , �totians �b� urnai��enc.
i2orth, h�� } ed. q F(
��•hich had ortda s9ua�, ut ho�,� thN
pdrffe .a�ainst ten cvhile travelin�
ba�t. Offiriats • ent �O�a! opPQnen��
For tl�e at rlie Centi��f r�rles and a clifferentch °f
�ames there, .� 3' nf� A�•o r•,, stze
ir� cii•cumfrr Chica fiicss decreed
!i; tcatns li•c��enCe th�t is, �°� j��tics a�td t]�at
o�ts ' th.�t woulcl be use �, �,� 4'u�ch balls,
�n Isath the ���r�it�en c�a��, C��oi��ncd n��r,'.,.,Sur�risi��g_
A 1950s book on softball noted that the game had
not detracted from female players' "feminine charm."
The softball games had to compete «<ith such attrac-
tions as the Sky Ride, the Streets of Paris and Sally Rand,
the famous fan dancer. Nevertheless, the three-day tour-
nament was a gaudy promotional success, drawing
350,000 spectators. Lat'er in the year, the ASA was
formed to regulate the game on a nationwide basis. In
1935, with everyone using the same rules and equip-
ment, the national championships were again held in
Chicago, but this time the winners were nvo Ohio teams:
the Bloomer Girls of Cleveland and the Crimson Coach-
es of Toledo.
The ASA's records indicate that the number of soft-
ball players has increased each year since 1936, when
there were about a million of them. Membership in the
association is presently growing at an annual rate of 10
percent—more rapidly, according to AS� historian Bill
Plummer, than in any other major team sport.
Crucial to its popularity is tliat softball is not a game
but rather a cluster of related ones. Like prospective
dog owners, would-be players can look arotind until
they find a softball variant that particularly suits them.
Regionally there are some rather bizarre ones. In the
Chicago area, the game is played, passionatel}�, with a
16-inch bali called a mushball, cabbageball or clincher.
On beaches in California and else��•here, a version
called "O��er the Line" is played �vith du-ee people to a
team. In certain Northern locales, the game is some-
times pla}•ed on skates or snowshoes.
Above, small-town upstarts from Michigan who won
world title in 1906 pose with primitive-looking bats.
Such oddicies aside, the standard breeds, so to speak,
are slow, fast and modified pitch. In each, an 11- or 12-
inch ball must be delivered underhanded to the batter
but, as the names indicate, at much different speeds.
Slow pitchers cannot wind up and must throw the ball in
a lazy arc, so that it drops down into the strike zone.
Using windmill and slingshot windups, fast pitchers
wing the ball across the plate at speeds that are often in
excess of the best-ever efforts of, say, a Bob Feller or a
Nolan Ryan. Modified is just that; the rules require the
ball to be pitched at an in-between speed. Each of these
games has di�•isions for female, male and coed teams,
and in formal competitions these are further separated
into categories determined by age and skill. In all, the
ASA now annually stage's 64 different national champi-
onship tournaments, which is why there are so many
commemorati��e jackets and blazers of the "1982 Nation-
al Champions Class C, Coed, Slow Pitch" variety.
With 30 million players, slow pitch is the most popii-
lar brand. It is a hitter's game in which nearl}� anyone
can occasioiially ���hack the ball smartly. In upper-level
competition the whacking is frequen[ and flashy. The
ASA's men's super-slow-pitch division championship
was won a fe�v years ago by Steel's Sil��er Bullets of
Grafton, Ohio, who exploded for 75 runs and 5G hom-
ers in a singl�game.
Li great contrast, no single player so dominates a
team sport as does a good softball fast pitcher. \�1�ith a
75
. 'I
Brian McCallum of the Cap Pubs waits to make the White House. "We're not competitive," he says. "We
play at first base during a game on a field behind the just hace fun hanging out with the people from work."
104mi1e-per-hour fastball, one of the best ever was Ty
Stofflet, who played for industrial-league teams in cen-
tral Pennsylvania, long a softball hotbed. Probably his
best performance—perhaps anybody's—came during a
tournament played in New Zealand in 1976. There, in a
game with the host team, Stofflet was matched against
Kevin Herlihy, a near peer. To make a very long story
short, neither pitcher allowed a run through 19 innings.
In the top of the 20th, a walk, an error and a single by
Stofflet brought home an American runner. Then Stof-
flet retired the New Zealanders in order in their last at
baG During the marathon 1-0 contest, he did not give up
a hit or a walk, and struck out 33 batters.
In fast-pitch softball, tight, low-scoring games are the
rule and no-hitters are not uncommon. This is particu-
larly true in women's games, where formidable pitchers
throw at better than 70 mph but from 40 feet rather
than 46 feet, which is the distance for men. A current
standout is Michele Smith. For the past three years, she
has led her Redding, California, team to a national title,
and in 1994 she led the American team to the world
championships heid in St. John's, I�ewfoundland. The
Americans won this tournament, �+•hich is held every
four years, for the third consecutive ume by shutting out
China 6-0 in se��en innings. During the national and in-
ternational championships, Smich had a 7-0 record and
an earned run average of 0.00.
7f
A decade earlier a dominant pitcher was Kathy Arend-
sen, who played for a perennial championship team
from Connecticut. In 1981 she had a 36-2 record and,
with a 78-mph fastball, averaged 14 strikeouts per game.
That year in a celebrity game, Arendsen three times
faced Reggie Jackson, then the "Mr. October" of the
New York Yankees and no��� a member of the Baseball
Hall of Fame. She struck him out in each of his at bats.
This �•ear, for the first time, women's fast pitch will be
an of6cial Olympic sport, and the American team will
be the gold medal favorite. The men remain on a wait-
ing list for entry into die games.
There ha��e been two notable and somewhat contrary
u•ends in the fast-pitch game. Among men, the strong in-
dustrial leagues, where the best players were once devel-
oped, ha�•e been declining for several decades, basically
because of changing economic conditions. In that same
period tlie number of players and the quality of compe-
dtion ha�•e increased dramatically among women, main-
It� because of federal regulations enac�ed in the 1970s
that require gender equit}• in sports that are publiciy
funded. The most obvious consequences have been in
schools ichere 25 �{ears ago the only ��arsity bat-and-ball
game �ras usuall�• baseball for boys and men. Now more
than 1 i:i.00U girls are plaring competitive softball—
generalh• fast pitch—in high schools. Another 28,OQ0
n•omen are pla�•iiig on college and uni��ersity teams. In-
creasing numbers of them have full or partial athledc
schaIarships, and a#'ter graduating, many go on ia play
far national and intcrnadonal teams. Such develop-
ments have understandabiy created mare softbali inter-
est among younger girls.
AIl of which brings us back to Pennsylvania. The Fair-
fieId Recreation Associatian started a girls' softbaYl
league 15 years ago, but it is for players 12 years old or
yaunger and the game has aiways been siow pitch. When
Amanda and her contemporaries became 1�, it oc-
curred to them that (I} theywere notgaing to have at�y
softball until theywere eligible for high school fast pitch
and {2} they had not piayed this versian of the game. Sa
they be,gan to agitate for samebodq to find them a fast
pitch team. The high school mach, ambidous of devel-
aping a farm system, emphatically agrGed with them.
More casually, sc� did I, among others, and as a-result I
ahortiy becamc the managcr of thc Fairfieid Fiames, a
15-girl tcam of 13- and 14-ye�olds. Fmding opponents
was not a pmblem, since Penns;�ivania has more sofibati
tca,ms (1�,770 in 1995) than any other stato. Thc Flamcs
joir�cd an age-gronp league of ten teams from small
wwns ut our generat vicinity.
Before the games I Wld thc Flames th�y should try to
pay attention to �ach piaq, t�ot broad ahoat mistakcs or
the scor�, and have fun. Mosdy they followed this ad-
vic�. FIowever, the fact that they finished the seasan with
a 18-1 ret�ord made it much easier for them to be ooal
aboui the joys of victory anct ihe agonies of defeat� �n
thc ev�ening after thcq had avrnged their only lass and
won the league championshi�, some af them came
through Fairfield yelling `We're Number Onel" But
when wo grot ta the icc crtam plaae thcy begau talking
about thcir usua2 off-the-fitid topic, boys. .
There are earnest critics who cantend that compet%
tion is bad for yauths, and of c7ourse iz can get out af
hand. But in my experienca (and in one period of my
life I spcnt most of mp apare time t�aaching} winning
and losing seems w providc a benign form of stumula-
tion and tends w make iroung' Players more cooperative,
Iess seffish. If there is a problem, it is apt to be with the
parrents� nat their children. I have a friend who coached
yaung peapies' saftball and baseball teams far ten
years. Hc swears he is not going to da it again unless he
�mes by a team of orphans. ;
Athledc merits aside, softball has a number of what
might be ca2leci social virtues thai are easy to ovcrloak
or forget because they are so obvious and homely.
It is the most eg�alitarian of aur major sports. Without
much instrucdan ar practice, most of us are agile
Amanda Gzlbert {teftj and Flames teammates discuss
game strategy (or, possibly, boys) in the dugout»
'78
enough and suEficiendy coordinated ta have fun play-
ing some kind of so£tball. Also, antike nearty aIi other
games, it has never been closely or exclusively associat
ed with ane of the sexes, a particular race, ar an eco-
nomic or social class. Long before the term "cultural di-
versity" was invented, softbaii had naturally evolved as a
game far everybody and anybody,
It is perhaps the least commercialized of our major
sports. Rich men play on softball teams but do not in-
vest in and squabble over them. Softball has na unions,
agents, ftacks ar—except, as noted, accasionaity in
Washington—lawyers. Softball plaqers spend $�OO.mil-
�
lion a year on their equipment, but none of them are
trying to sell the rest of us shoes, beer or junk food.
Finally, it is the most social of our major sports. Again,
take the Fairfield Flames, for example. In addition to 15
players, five coaches were at all the practices and games.
Ttvent�eight parents—two of the Flames were sisters—
attended nearly all .of the games (home and away),
chauffeured the players, raised and spent money for
equipment, washed and mended uniforms, and so
forth. Three members of the Fairfield Recreation Assa
ciation mowed, raked and lined the fields on which the
Flames played. During the Flames' season, ten different
umpires—adults who, according to league rules, could
not be connected with either of the teams—officiated
their games. Then there were the opposing teams, to-
gether with all of their supporters.
If every softball game is thought of as a cooperative
production, then there are probably at least as many
nonplayers who contribute to it as there are players.
Since there are some 40 million of the latter, this game
may bring more of us more closely together than any
other one of our common activides. It is therefore not
only a good pastime but one of the Very Good Things we
have going for us.
.-}
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zzls v��.�
M�rulota xeigft�s, ` ` 55120
Jill Smith , Councitman
Mendota Heights City Council
1101 Victoria Curve
Mendota. Heights , Ml� 55120
Dear Councilman Smith ,
JllN � 7 �996
��a � ws 1wpb �w.s c a� w w+e�:.n w«..�w,.�
3une 25, 1996
I am writing in regards #a the "lighted ballfieids" issue at Mendakota Park. I am oppased
#o it for the fallowing reasons:
�` The need has not been estahlished. The Mendota. Heights Athletic Associataon (Iv.�iAA)
sports enrollment level has dropped in the past year. Alsa the projected school disbrict
enroltment remazns ievei. The M�-]fAA is concerned about the players ages 13+. They aze
assuming that at age 19 , the players wili remain in Mendota Heights and want to play on
longer fields. Neither af these assumptions is necessarily valid.
* Fields are already available ta meet current and future needs. Flexible scheduling and
twa additional fields becaming avaiiable by 1997 will meet these needs. The Mendakota.
fietds aze not being used by MHAA an Friday nights because in their own wards "No one
wants to play that night , they`d rather go ta the lake ." If there is such a need and
commitment to the game , perhaps it should be demonstrated by chaosing to play.
I seriously question why the entire community should gay for the lights so that l��-IA.A
can ptay when it is convenient to do so.
* Men�data Heights Outdoor Lights Policy
If the council is feeling a need to have more lights in the community, do it by street lights
and ensure the safety and gratitude of the entire commnnifiy.
* Outdoor lights wi11 be an eyesore. qwr groperiy barders the park to the south. I feel the
lighted fields would adversely impact on our property with lights, noise, and activity far
into the nigh� Also, in selling our proPerty , the plus of being next ta a park quickly
diminishes into a minus with the increase in late night camaraderie and drinking #hat
seems to follow adult sporting events.
I would alsa like to paint out , that when the ball sights were b�ing proposed , concerned
residents whose property was adjacent ar neaz this area were assured that the f elds
would not be lighted. I can only trust that the city does noi want to force anything an the
residents wha will be most impacted anc� nvt agreeable with this proposai.
* Cost
This is an expensive proposition for a non-demonstrated need. If the cifiy is invested in
spending rnoney on park needs, continued expansion of walking and biking traiis would
service young and old alike. With an aging populatian this would be much appreciated
and utilized �
Perhaps the council should seriously consider acquiring land at the "old dump site" for
futwre gark needs. There is very little open space available in Mendota Heights , and this
1Cquisitio� would �eSt�lve ihe " eye So�'e " problem o£ this area as well as spread out the
noise , lights and tr�c problems that are already resulting in Mendakota Fark.
Thankyou very much for ytrur consideration in this matter,
Very truly yaurs, �
�1� �,`�, '�- ��-��' e..� {��-��
� ~
Mary Lou 3ahnson
June 28, 1996
2147 Aztec Lane
St. Paul, Minnesota 55120-1607
Att: Mayor Charles Mertensotto
Mendota Heights City Council
1101 Victoria Curve
Mendota Heights, Minnesota 55120
JU� � �. �9�
�
- v�
O r ` ' ' �
Ref_ Installation of lights at the softball fields at
Mendakota Park.
Dear Mr. Mertensotto,
This letter is to advise of our opposition to the proposed
installation of lights at the Mendakota Park softball fields.
We feel that this would be poor use of City Park Reserve
Funds, to the benefit of a small but vocal minority, the
adult softball players. Apparently, by some re-schedulin�,
the adult leagues could be accommodated without the use of
lights. This would require some weekend games, which as we
understand, is not acceptable to the players. Let the players
use the fields when they are available, no matter what the
day is. �
We are not a�ainst organized sports in general, particularly
we believe the youth programs must be allowed to flourish.
But is it necessary to spend up to $250,000 to allow adults
to play softba7.l for a couple of hours, four nights a week ?
This does not make any sense at all, and common good
judgement would indicate that we should not allocate funds
for this purpose_
Please vote NO on this matter!
Sincerely,
C�� �v��N-x-r� `�
�
� '�'/%�LL li`:� ���j/-!ic/C/�i(i i2L c:� /�.
� Y
Don and Glenyce Harrington
June 24, 1996
Dear Mayor;Mertensotto and Council members John�Huber,
Christine Koch, Jill S��th and Sandra Kresbach:
i
We are writing to inform you we will be unable to atter� the
city council meeting on July 2, 1996 when the issue of
lighting at Mendakota Park will be discussed and decided.
We are opposed to lighting the softball fi�lds in Mendakota
P�rk. ,
We have always appreciated the city's policy of lim�ted
lighting. ,This proposal is antithetical to that policy.
We also object to the high cost of the project which will
benefit only a select few rather than the communit� as
a whole.
t
We live a block away from Mendakota Park and the noise from
the softball games carries to our home which is alright
with us for the early evening hours but not until lOPM.
�
�
We prefer the city council consid�r the construction of
additional:sites which are available such as Friendly
Marsh Park�'city owned property or possibly a parcel at
Resurrection Cemetary.
Thank you for your attention and consideration in
this matter.
�
!
Sincerely,
i
i �
, i.�.� .Y��C%f�
Fred Lambrecht and Lambrecht
2182 Aztec �Lane
Mendota Hei�hts, MN 55120
(612) 454-5418
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June 26, 1996
TO:
FROM:
RE:
DONALD G. MCMILLAN
898 MENDAROTA COURT
MENDOTA HEIGHTS, I� 55120-1338
612-452-3748
Mendota Heights City Council
Donald G. McMillan
Mendakota Park
I am opposed to the lighting project for Mendakota Park. I have
two reasons for my opposition. First, I believe that the
expenditure'is not a wise use of our funds. There is a relatively
small nuc�ber of individuals who will benefit from this project and
we wi.11 be addinc-�..very little time to the availability of the park
wfien you consider the lo:�g days of summer and the total number of
months that the park is used for activity that may require
lighting. I also-assume that we are dealing with a 10 PM closing.
My secondary concern is that t}:is time could very well b� extended
in the ruture, given new council members and a different philosophy
in future years. You, as a council can promise me that the park
will no� be open past 10 PM at this time but, you can't .foresee the
future. If;we really do have a need to pr�vide more park space
along with associated activity such as softball, I believe that it
would be a better allocation of our funds to develog anothPr sitP,
even �.� a higher cost. I wou�d not be opposed to paying mo�e to
provide the parks that we really need for the citizens af Mendota
Heic�ri�Cs . �
Now, my second reason for opposing the lighting project.• At the
present_time this Mendakota Park area becomes very congested at
vaxi�us times during the summer. At many times Lhe congestion
reaches and exceeds the holding limit of the park for both vehicles
and.people.; Traffic reaches the point of danger for children in
the area and parking spills out into the residential areas. Then
there is the'nuisance factor, late night and noisy parties;events
that may well go beyond 10 PM.
I would also be interested to know the make up of residents of
Mendota Heights versus those people from other communities who
would make use of the lights, if they were installed. I realize
that we don't require Mendota Heights citizenship as a prerequisite
for using ou'r parks and, I don't advocate that. However, I would
like to know'who would benefit from this rather large expenditure
of our funds.
Thank you for your time and consideration.
�
`
JUN 2 7 �q�
FRED & PATT ER/CKSON `� •-��d� r"' � L7L1
y J ... _
Ci�rlrt n,�
891 Mendakota Cou�t
Mendota Heights, MN 55120
June 27, 1996
Honorable Charies Mertensotto
1101 Victoria Cunre
Mendota Heights, MN 55120
Dear Mayor:
Just a quick note to let you and the Council members know that we feel betrayed by the
city for even considering lighting Mendakota Park. Patt & I clearly remember being told
lights will NEVER be installed.
In addition there are other sound reasons for not installing lights at Mendakota Park,
they include:
� LACK OF NEED - MHAA'enrollment in softball, T-Ball and baseball has declined in
recent years according school district and MHAA data.
� ADEQUATE FlELDS ALREADY EXIST - Currently there are 18 fields to choose
from and none are being used to capacity. Two fields planned for the new Middle
School and the Mendakota Park fields are mostly unused on weekends. We
believe softbal! players want li_ahts because thev prefer fo spend their
weekends somewhere other than on a softball field and thev want Mendota
Heiqhts residents to provide them more playinp hours durin_q ihe week. They
. only way to do that is with lights. As long as fields set idol during daylight hours the
council should not even consider spending $280.000.00 tax dollars on lights.
� TRADITION - Mendota Heights is void of street lights. Traditionally the City has
frowned on other requests to install them. A precedence to allow lighting is not good
for the city.
� ESTHETICS - Twenty-eight poles standing seventy feet high with 126 fixtures will
no doubt be an eye sore. This eye sore will be there not only when the lights are on
but 24 hours a day as they tower above the tree line.
� BAD INVESTMENT - Lets invest park money acquiring park land not buying lights
that will benefit only a few adults and no children.
We hope you will carefully consider the above points and elect to NOT light Mendakota
Park. Please copy this to your council. Thank you!
erely '
.�
�
� �
Fred Erickson
Patt Erickson
s� a�-� ��
� Christ+apher M 5cntti
� SF 1 MF,�ndaisota Court
; Mendota Heights, MN 55I20
Mendata Heights City Co�mcil
110 i victoria Curve
Mendota Hei�hzs, I�2At �S 120
,
Re: �i�ndota Park Light Propc�sal
L�.d�es aad Gent�emeu:
�
This �ett�r is ta regRster a�u s�rang protest ta the proposal to u�stail lights an th� softball fi�lds at
Mendota Park. ;
We live in Menclakota Estates �ad t�erefore have a mare direct aud personal s�ke in th.e proposal
than mig�n be the r�se for other resici�ats of Meadota Hei�Ls. There ax'e numeraus r�aso�s wh�
the proposal is ill-ad�rised, some of which aze pear�aps uwre iaiporrant to u.� �e �hey will
affect us pe�anally, and ot� whi,ch shcuid be as impvr��t to a�l residents �f l�headot� Heig��s,
as Yo us. 37�Te would l�ke to highlight sever�l of these iss�s for yau:
1. Espenditure of Meadota H�ight� Fnnds #'or 8eaefit of Mendoi�t Heightq Resident�.
C3ur ��tanding is t2aat the ,�raups that would benefit from. tbis groposal are a.dult
so�ball teanas which are cnmprised as much af resid.e�s of otl�r municipal.ities as of
residents af 11+Iea,dot�, Heigh#s. if this proposai is approv�ci, whate�vet benefit mig�t b� dErived
from thi.s subsiaatiai ��penditure of City flmds would inure to resideIIts of otb�c
mwaicipalities at ieast as much as to resideats of Iviendota T�i�its, while such ot�ier resislents
wauld bear noae of the co�sts nor �ay af the ather disadvan#a�es of the groposal. �ursly there a�re
more appropriate ways to spend these scarce City resoutces which do no# cany wit�a. them
these di�advaatages, .
2. �apositiaa on Resident� Prmtimate to Meudota Parl� Implememtation of this
gxpposa� would cr'r'eate substantial impositian �n Msnd�ta H�i�hts` resideats living ciose to
N�ead4ta Pagk various ways, inclu�ag (a) a pe;nnaa�nt yeaur•fotmd eyesore in the fvrm of 28
uaasight�y light poles, up to 70 feet higi�, (b) Pu�stt-�+e activities, v�rhich a�C'eady incluc� atc�ahol,
will �anu�iy c�cur Iate�' and ther�y �onstrt� more of aa ir�ritatiori to lt� residsa�'s, evea if
it d.oes na� as seexas likely also, increase in boisterousn�ss, and �c) the sub�tantiat bcaf�ie
coages'tioa a�sndaut to aa� c�rg�niz�d use o�f�te Patk would t�cc� after day�ght hoe�rs and
create tbat much higher level of �c safe�ty iisk.
Z d�98ZL�095� 'ON/�� � Z['ZS/9b � Z I 96 ,ZZ '90 (l1HZ1 iSZdNiI H��I1 �HN���o wnua
�
There aze ottter i�rtporta�o� reaso�ts why #his prapasal s1u�uld nat be apptove�d, but we ate confu�
that ih�y w�l be expressed by crrhers aad �ve m�st tbat you w�l consider theza also in canclwdiug
tFzat this proposat sh��uld not be a,�prc�rred. T�aak yau fa�t your consid�ratio�.
. .�
.
�
I / �.•��
t� ♦ • :. s �
� a �ssL�so��� �o�/�� � z � �ss/�� � z [ �� :t� ��o cnHz�
is'IdY�1 ��1YI�HN�ddo NiaB,�
�
June 26, 1996
The Honorable Mayor
and Members of the
1101 Victoria Curve
Mendota Heights, MN
Ladies/Gentlemen:
RICHARD J. GABRIEL
ATTORNEY AT LAW
SUITE 240
175 WEST LAFAYETTE FRONTAGE ROAD
SAINT PAUL, MINNESOTA 55107-1487
TELEPHONE (612) 222-2731
FACSIMILE (612) 223-5114
�
�-�.� % f � � /+t 1 i � ,"�
^idk�..,iS,tL�' ,
�u� � 7 :'j:; ;
�_ �96 =1��
.,�.,�m��`�� �p�
L4G�6`a`�_ �
Charles Mertensotto
Mendota Heights City Council
55120
LEGAL ASSISTANTS
GERALDINE A. BERGQUIS'C
LYNNE M. MASANZ
On July 2, 1996 you will be asked to decide the issue of whether or
not lights should be installed at Mendakota Park's athletic fields.
I am a resident of 670 Apache.Lane, Mendota Heights, Minnesota.
'I
I would request that you vote against the installation of light
fixtures at the Mendakota Park athletic facilities. I feel that
the proposed outdoor lighting would be an eyesore and intrusive to
the neighboring community. I also feel that the cost would be a
wasteful expenditure of valuable park reserve funds.
My family has actively participated in athletics and has utilized
the park facilities in the past. Even so, 2 cannot remotely
justify the' expenditure of these funds for a project that is
certainly to be intrusive to the neighboring residents.
I would respectfully request that you deny the approval of the
installation of light fixtures at Mendakota Park.
Very truly urs,
i.
� - � �
/ y.
Richard J. Gabriel
RJG : gb \�,��s9s.1 a
�
�
June 26, 1.996
Dear Neiqhbor:
R�C�IA�.RU .T- GABIZIEL
A'MORNEYAT LAW
SUITB 2Q0
195 W�ST LAFAYETiE FR4NTAGE ROAD
S,�,INT PAUL. M[NNESOTa 55107-laS1
TQL,EPF[ON& (617) ]22•I731
FACS[MILE (6[2) 219-5( l�
LEOAL ASSISTANTS
flERALDiNE A. $ERGQUtST
LTNNE M.MASAN2
Enclosed herein please fihd a packet of informatian �rom Mike Black
who lives in �he Mendakota Park neighborhaod, There is presentiy
a proposal before the Mendata Heights City Caunca,i �o a.nstall
iights at Mendakota Park. These liqhts would �e 6fl to 70 feet high
and ho].d �.26 light fixtures. The clasest lig`ht standards would be
only sixty feet �away from homes which bc�rder on the park.
2�aedless to
upset with �
Council to
lights.
sayr the Mendakot� Park area resid�nts a�e e�remely
;his proposal. They have asked t�s to contact the City
support their opposi�ion to th� installation af the
As you are aware, Mendata iieights has a long histo=y of keeping
external lighting to a minimum. We do not even have street lights
in the city. The �uture implications of this issue for our
neighborhood are obvious ! I urqe you ta support the Mendakota Park
ne�,ghbors in opposing the instaliation o�'lights at Mendakota Park.
You can present gour own rea�ons, x, however, believe that some
of the s�rongest are: �a) autdoor lights a=e an eyesare and
in�rusive to the neighboring community, and (b) the cost ai
installing lights Will be $I.8o,000 to $230,00o which Wi.11 be paid
out af the park raserve fund or taxed ta the city as a wha2e. This
is a�ast�ful expenditure at park funds.
Or.ce again, this is a palitical i.ssue and bodies and numbers count.
Do the following:
( �- )
{2�
Writa the Mayor and City Council: Mendota Heigh�s City
Counci2, 13.03 Vzctaria Curve, Mendota iieights, I►II�i 5�120.
Call the Mayor and City Counci3 at these numbers:
Charles Mertensat�.a
John Huber
Christine Koch
Sandra Krebsbach
Jill �mith
�3) Attend the City �Council
?.30 p.m.
very t=u3 yours,
<���� ��� �
Ra.chard . Gabriel
�!°"�.r : C� J�ab13893.R70
454-3394
aso—a���
457--9508 .
� 454-5696
688-7444.
Meet�ing on July 2, 199b at
�0� S68 'ON 0b68 zSb zi9 � 90-�18-�b 9Q�tE lJ� ?i :�� 9F,/J.r''/qGi
� XO LIOH S Z�lS$H�OT� HEIQHTfi! ,
M� iCEED TOV1t II�LP T4 DEl�E�T LItiST8 tOlt 2m: iOti.'8�lt�. 1rZE'LDS �T �?tDA1CCT�'
p�R]C! Si3L' CIZY 00'�i2iCIL NILL DECSD6 TBIa 01i Jt�LY ZNLtt ltaliCE ZCiUR Yi1TCS 3t�71RD �
rszs xssvas r .
Thie memo is goir�q to all tho�a vhc �igaed tAR pQtition aqai�►at liqhting
tb� soitb�rll fiQlde at Kendakota Pazk ia !`ebruaty, �ttd other�r �+ho Aavs sn
ir�tsreat in tnia isaue.
t�thgn this propasal e�ae up beior� th� City Cou�ncil iri !'abruary 1996, 209
r�sidant� of the area �.=ound NQ»d;kot�► Fark siyrs�d s patitiaa apposin� the
liqht�. Ths City Councl.l vw�r unab2� to nak� a decirtion �lund �rppoint�d a Lask
farce eonsi�ting of neighDorhood, adult toftDall and yauth ba�raba3l
repr��Qntntive�. =he taek iorc� u+et iivQ tia+er� irotn liarcr to Kay, aollacted
�acts snd discuaeed tha iseues. Tt►e t�sk �orce vas vnabie to srrire at
conaenaua hut adapted a set of •findinga', a capy of vhf.ch is attacAed t� tbis
lett�s. Thi• �rQport vaa �ubmitted ta the Mendota B�ighte Park and Racareat%n
Coamissian on Juae li, x2�ich xts aioo nnablQ to decide on a=ecomemendation to
t�hQ Cfty Councii. 2he City +C�uncii w322 taks ap the is�nQ at it� July 2 �
a►aetinq. � . . .
Briet�iy� � thQ itendots Reight• :�tAletia l�aaaci�tioa (X�i�1,y p�eoposas to -- ,. .
havv the CitY inatall liqhts on the •aftDall fi�lds, at a coa� of 5280,000 to
g�ao,aoa, iiith liQhts in p1acE, l�iA11 Yi21 as: the !'i�2da traa 6:00 ta �:00 oa
Honday thzouqh Thursday, a2lvwiaq one youth soi'tball or bassb+rll qame an ssch
o� th� G liel8r �ach night. Th� adult sottball players Nl.11 tak� ov�r at 8c00
and play u�ti2 10s08 undar ttte liqhtl.
Sgsa �a why liqhts are a be�d id�a-
*'sh��r� is �o de�oa�t��d a�ed for 1iQbts. 2be dat� supp�ied by ths
I�SEIAA ar►d tAQ local �chaol di�trict sho�� tbat the aumber o! chlldr+�n cc�minq up
in tbe next 5 years vi11 r�nain lev�2. Sha nwmber oi ehildraa tnrol2ed in '
�1.� softball, ,=-ball ar�d baaeball ha� actually ��,Q �rom 1995 to 2996.
. * �her�► � ax� �=ds �.#fl�,bls+�iah ri I„�aeet cnrr�a�G wnd fatnre,,,,�wd*.
Shrauqh tl+�xibla schQdulinq at ?ieadakota Perk, tne ldttlU� ►ra� abl� �o schedulo
ai2 th4ir qamee in 299b. and tt�ey wtll be shle ta do sa �tgai� 1t� 1997. Shest
art sti13 18 fiQlde svai2abl�r ot?�er than thoae �t Ma�ndakoxa Park which are �do�
b�:ing usgd an !'ridey niqhts or veekQnda. 'Tl�gre wf12 bf two additioaat �il2d�
acxning an Iin�e in 199� at th+�'lrSondly Hiils lstddlo Schoal. 21du2t aaftbal2
piaye=s •�r� only a�fnq th� M�ndakota �'iQlds tor 20 Qaace� per rresk now. zAe
Ztendakota �i:2da ar+e nct Dein� uared at �11 Dy lS�iPl� or sdult softbail on �riday
aiqhts, becauee no one vaaL� !o play that niqht. '
* �tenQot: ,�',+��qhts ��►s � Ioa�:t�a�sx�a Qa�ser lqA��st .autaoer is.an�s.
TherQ sre no stteet Iight� ta lieadotn Neiqhts aov. 8arely doea the City
Council apgrave a requsat for any kiad of lightiaQ it� city. Mhy •hould ve ret
a new prac�dar�t an tt�is i��ue far the sake of a percaived short term bet�efit
�rhen thQ n�aed ia nat demcnotsated?
� Qut�oor 1iaDt vii,� b• aa �v�ao��. N�ndakota Park is a DQantiful
�aci2ity and a qre�►t amenity for tAe commur�ity. The pzopoaQd pls:n• ca11 tor
tra�tir►g 28 light. pa2��, 60 -?0 leet Aiqh, ho2ding 128 lf.qh� fixtutes. =he
cloaaet liqht standard� vill be anly 60 feet axay iran Roa�ea �rAich Dordas the
park. �
* �'his i: �ot a M�e• iArestnebt of eit�• iunds. She only �dutc+�
avai2abZe to pay for Lhis 3.e the Patk As�erve Fund, which ia dedionted tar th�
aequisition af park Itnd. �he P+ark a�d Recreation Commis�iori Aas rtrictly
cantrolled Ao�a thie money �►sa bee� used in the paat. If the t'ull coet is sua'�••
paid frcm Lhia fuhd, then the �ity ++ili have to impa�e additional tauea ar ..-
find another aource, 8o fax, aeither ?�►I� nor the softDall players hav�r •-
• �\
offered any money for thia project.
* 'lhe cit� aow ovns la�Q tb�� can b����d for aaM Dall fields. If .
more field capacity ie aeQded, the eity haa Iand available ia Ftiondly Na�rah
Park could DQ uoQd to build tWo Dali lialde nt a lower coet than liqhta at
Neadakota Park. There iQ aloo a potential !ar two timlda on land at t�e old
city dump sit� at HiqAway 110 �nd DoCd Road. It i• stiii po�aibl� that
RQaurrection Cemetery will mak� •urplue land wnich it owna near thQ aity Wator •
to�rer avaiiaDle for bali fie2de.
* �p�rt Miil b• �n iacreas� !.p traf�ic aad noise on 1[sndakala Dr3.�e .
Even with the curreat level of ueQ at the park, Kendakota DrivQ is heavily
congQQtQd Qvery svening u�d on �reekdnda. Theae problQa►a will oaly qet `+orse
if morQ gamQ� are iddQd to the park on weeknighta and play in extended to
30:00 p.m. �
Il� ZOU OPPOSE LIOSTS iT l�ttD7l1COT71 PllR1C, IiOM I8 THE TIME TO 7►CT
iiere are three optiona -
1y ilrite the Mayor and City Council and �xpres: your coacertu. 7�y
lett�rs written to the Couneil and receivQd at City Sall Dy �riday, Jurie 28,
wil]. qc dirQctly to tnQ Counci2 in tR•ir xeQkiy pecket Detor� the awatinq on �
July 2. lirite to: ,�
liQndota Seiq?�ts City Council
1101 Victoria G1�rve
?Sendota Heiqhte, Mn 55220
2} Call t�Q council membere at theae aumbere, which are publiehec4 3.ti LhQ
city's aawal�ttQrs
Charlea Kertenaotto 454-3394
Jobn Huber �50-0729
Chriatine �Coch �57-9508
8andra 1CrQbobach �54-5696
Jill Smith b88-914�
3) Como to city councii meetinq on July 2, 1996, at 7:30 p.m. Even if
you da aot �peak, your prQaence will De lelt Dy the council, and xill De takea
into aeeouat in making their daai�ion.
; _. 1� _� ,�: � . . � t• :3:�����TiZ-3`��[�����ii1_�
.�
S0a S68'ON 0b68 zSb zT9 F 90-�18-zb �JQ�H 4K' �T:zT 96iLzi90
BERNARD P. FRIEL
750 Mohican Lane
Mendota Heights, MN 55120
June 26, 1996
Charles E. Mertensotto, Mayor
Mendota Heights City Council Members
P.O. Box 688 �
Mendota Heights, NiN. 55150-0688
Ladies and Gentlemen:
The purpose � of this letter is to urge the Council not to install lighting at Mendakota Park.
I have had the opportunity to review the "Findings of the Ballfield Lights Task Force for
Mendakota Park" and the demographic information provided there indicates that any perceived
problem which exists at this time will not persist into the future because the numbers participating
in the MHAA programs will diminish and City population is expected to be stable. I say "perceived
problem" because the scheduling information which is provided with the report indicates that there
is adequate field time available on Friday evenings, late aftemoons during the week and on
Saturdays and Sundays. In addition, the fields are used by private and non-resident groups at times
when they might instead accommodate the MHAA program or adult softball.
i
While I agree that it may not be convenient for the MHAA (and parents of team members)
and the adult softball teams to play on Friday evenings, weekends, and late in the afternoon during
the week, I find it difficult to understand why that convenience should be accommodated to the
detriment of those who live adjacent to the park. The traffic, lighting and noise into the evening
hours will clearly interfere with the quiet use and enjoyment of their homes by those who live
nearby. The convenience of the MHAA ought not to take priority over the quiet enjoyment of ones
own home. �
324724.1
�
Charles E. Mertensotto, Mayor
Mendota Heights City Council Members
June 26, 1996
Page 2
We should all be concerned too at the precedent that authorizing such lighting will set in the
City. It won't take much imagination to argue effectively that if lighting is okay at Mendakota to
accommodate the convenience of those who use those fields, lighting ought to be provided for the
same reasons at other park ballfields throughout the City and perhaps at tennis courts and golf
courses as well. It is because these valid arguments may be made that I am disappointed that the
Task Force didn't include residents who live near other recreational facilities in the City which have
a potential for lighting.
Lighting the ballfields at Mendakota has much wider implications than satisfying the
convenience of the MHAA and teams which play there, and I urge the Council to consider the
broader question of lighting in the City before it takes action which will set a course which neither
the Council nor the citizens of this community may intend.
BPF/mc
324724.1
Very truly yours,
.
r.
Bernard P. riel
MH.TXT
Page 1
i
June 17, 1996 �
To: Mr. Kevin Batchelder, City Administrator
�
From: John W.�Carl, Jr. - Ballfield Lights Task Force
Re: Memo dated 6/14/96 - Findings of the Ballfield Task Force
i
Dear Kevin,
I have reviewed the memo dated 6/14/96 pertaining to the
subcommittee's report and the subsequent meeting of the City's
Parks and Recreation Commission.
I would like to make the following observations:
A.) The demographics provided by School District 197 do
not include the enrollment for the private schools
within�the Mendota Heights area. A large portion
of the residents of Mendota Heights have their
children enrolled in these private schools. If the
demographics of that portion of the population were
added to District 197 information you would see a
growth pattern that is not stabilized but is in fact
growing. It will continue to grow for another 4- 8
years and then stabilize for a while before it begins
to slightly decline for another 4- 6 years.
,
f
B.) The City of Mendota Heights offers excellent facilities
for the use of its residents. We have open space parks,
trails, playground equipment in many of the parks, and
several outdoor hockey rinks that are lighted. We have
8 youth baseball fields and 4 adult softball fields
which �are city owned. If these fields were used fulltime
for youth baseball and softball on week nights (mon - fri)
they would accomodate 60 games per week. There are 68
youth baseball and softball teams representing
approximately 1000 plus children. There are T ball
and transitional league teams which represent an
additional 400 children. This is a total of 1400 +/-
children in the program.
Based+on this information we would, currently,have 8
teams or about 120 children each week that would be
unable to play at all, due to a lack of fields. Baseball -
and softball, like any sport, takes time to learn. To
MH.TXT
Page 2
learn the game, players must be able to practice. We
do not have enough fields for games, let alone practices.
Each team should be able to play at least 1 game per week
and have 2 practices per week at a minimum. This would
require that we have 204 available times to practice or
play a game each week. Practices can be scheduled so that
2 teams could practice on one field each night and the
weekends could be used for the other practice day. That
reduces the the number of fields required from 204 per
week to 102 per week. Dividing this number by 5 days
equals 20.4 fields that would be needed to provide for
for the current needs for our children.
As the number of players increase, over the next few
years, the number of fields that will be required will
increase accordingly.
The Mendota Heights Athletic Association has been able
to arrange the use of other fields which are owned by
other entities (i.e. School District 197, St. Thomas
Academy, Visitation and St. Peters in Mendota. We do
not have fuil use of these fields but we are able to
use them several nights per week. Our arrangements
with these entities is on a year to year basis. We
could lose the use of these fields at any time.
In order to accomodate the number of children in our
program thru the next 8 years we will have to add lights
to the Mendakota complex for next year to accomodate the
the current needs and plan to construct several new fields
The new fields should include (3) 60 - 75 foot basepath
fields and (1) 90 foot basepath field. This new complex
needs to be ready for the 1998 summer. Once this new
complex is completed the lights at the Mendakota complex
could be moved to the new complex.
C.) The Task Force itself was set up to attempt to find a way
for the 4 participant groups to work out a plan to put
lights onto one of the finest Ba1T areas around. The
participants are all at odds with each other. The
Softball participants want to keep what they have. They
would accept lights only because they have no choice and
it would preserve their use of the fields. The MHAA
participants are looking for a way to provide ball fields
to the children of the citizens of Mendota Heights. The
local residents of Mendakota Estates do not want the
lights and would prefer that the whole field issue went
to another area of the city. The Parks Commission is not
sure if it wants to get involved in a dispute with the
local residents and it does not want to spend its funds
for baseball fields. The commission does feel that
there is a need for more fields but is unable to
recommend a suitable solution.
�I
D.) What is truly needed for youth athletics in our community
for the next 2- 20 years is not limited to baseball and
softball fields. We will have increased usage of soccer
fields as that sport is growing rapidly also.
The following facilities are what will be needed in our
community over the next 2- 20 years:
1
1
3
1
2
1
FENCED COMPLEX WITH LIGHTED FIELDS AND CONCESSION STAND
INCLUDING THE FOLLOWING:
BASEBALL FIELD WITH 90 FOOT BASEPATHS
BASEBALL FIELDS WITH 60-75 FOOR BASEPATHS
CHILDRENS PLAY AREA
SOCCER FIELDS
INDOOR ICE HOCKEY ARENA WITH SEATING AND CONCESSIONS
It is apparent from the meetings, that a more extensive study
will have to be done on how to accomplish the above. Land will
have to be located and purchased (or acquired thru other means)
and the above facilities will have to be built. The only way to
do this will be through a city financed project. The City may
wish to find several partners to accomplish this project, such as;
School District 197, the Mendota Heights Athletic Association,
St. Thomas Academy, Visitation or a combination of all four.
They all would;benefit from this type of complex in our community.
The biggest benefit would be to residents of the City of Mendota
Heights whose children would be able to play these sports in an
orderly and reasonable manner. The youth programs within Mendota
Heights would continue to improve and would allow our children to
be on a par with those in our surrounding communities.
If this type of project is to be of any benefit it must be
started immediately. The time line is critical. It will take a
minimum of 18-24 months to plan and build this project.
;
In the interim, install the lights at the Mendakota Complex
and then move them to the new facility once it has been completed.
Sincerely, ;
.� �
. i
� `.�`"� �
MH.TXT `
Page 4
John W. Carl, Jr.
Vice President
Mendota Heights Athletic Association
cc: Mr Charles Mertensoto - Mayor
City Council Members
Planning Committee Members
Mr. Tim Manahan - President MHAA
Mr. John Norton - Baseball Commissioner MHAA
MHAA Board of Directors
July 2, 1996
To: Mayor Charles Mertensotto and Members of
the Mendota Heights City Council
Re: Lighting of Ballfields at Mendakota Park
Dear Mr. Mertensotto, et al.:
We are writing to express our opposition to the proposal to install light standards around the
ballfields at Mendakota Park, and to extend softball playing past 9:00 p.m.
We live with our two year old daughter across Dodd Road from the fire station, next to Alma
Fischer's home on the corner of Dodd and Creek Avenue. From our backyard (and our
daughter's bedroom window) we can see the line of parked cars from Mendakota Park extending
down to Dodd Road. We can also hear the screams, yelling, and other noises from the ballfields
whenever games are being played at Mendakota. We fear that the installation of the light
standards that have been proposed would result in the glaring illumination of our backyard and
south side of our home well into the evening. There is no question that later games will result in
the noise from the ballfields filtering into our home at later hours as well.
We have lived in Mendota Heights for nearly three years and, as active softball players
ourselves, have never had trouble finding leagues in nearby cities (St. Paul, Maplewood,
Richfield). We do not understand why the City of Mendota Heights has to subject the
homeowners in the Mendakota area to late evening light and noise pollution for the benefit of a
small number of adults who could easily play softball in nearby cities that already have facilities
and leagues available. If the city wants to invest in softball facilities, we would support
construction of fields on available commercially zoned property to minimize the negative impact
on homeowners.
Another concern of ours is the effect that the lighting will have on the value of our property. We
recall very clearly that one of Mr. Mertensotto's arguments in favor of the Friendly Hills curb
and gutter project was a property value increase that the curbs and gutters would create. If you,
as the city's administrators, are concerned about property values, please consider honestly
whether you would be willing to live so close to towering light fixtures shining into your yard
well into most summer evenings. Ask yourselves, too, whether you would want to listen to loud
yelling and cheering from softball players and spectators while you're trying to get small
children to sleep. This is the price we will have to pay for the convenience of a few adults, most
of whom, we understand, are not even Mendota Heights residents!
Please know that a previous commitment prevents us from attending tonight's council meeting.
We will be taping the meeting and would appreciate your careful consideration of this issue.
Sincerely,
' / ' L ��/n
��t,t
CHARLES AND L U NBERGER
790 Creek Avenue ,
Mendota Heights, MN 55120
July 2, 1996
To: Mayor Charles Mertensotto and Members of
the Mendota Heights City Council
Re: Lighting of Ballfields at Mendakota Park
Dear Mr. Mertensotto, et al.:
We are writing to espress our opposition to the proposal to install light standards around the
ballfields at Mendal:ota Park, and to extend softball playing past 9:00 p.m.
We live with our two year old daughter across Dodd Road from the fire station, next to Alma
Fischer's home on the corner of Dodd and Creek Avenue. From our backyard (and our
daughter's bedroom window) we can see the line of parked cars from Mendakota Park extending
down to Dodd Road. We can also hear the screams, yelling, and other noises from the ballfields
whenever games are being played at Mendakota. We fear that the installation of the light
standards that have been proposed would result in the glaring illumination of our backyard and
south side of our home well into the evening. There is no question that later games will result in
the noise from the ballfelds filtering into our home at later hours as well.
We have lived in Mendota Heights for nearly three years and, as active softball players
ourselves, have never had trouble finding leagues in nearby cities (St. Paul, Maplewood,
Richfield). We do not understand why the City of Mendota Heights has to subject the
homeowners in the Mendakota area to late evening light and noise pollution for the benefit of a
small number of adults who could easily play softball in nearby cities that already have facilities
and leagues available. If the city wants to invest in softball facilities, we would support
construction of fields on available commercially zoned property to minimize the negative impact
on homeowners.
Another concern of ours is the effect that the lighting will have on the value of our property. We
recall very cleazly that one of Mr. Mertensotto's arguments in favor of the Friendly Hills curb
and gutter project was a property value increase that the curbs and gutters would create. If you,
as the city's administrators, are concerned about property values, please consider honestly
whether you would be willing to live so close to towering light fixtures shining into your yard
well into most summer evenings. Ask yourselves, too, whether you would want to listen to loud
yelling and cheering from softball players and spectators while you're trying to get small
children to sleep. This is the price we will have to pay for the convenience of a few adults, most
of whom, we understand, are not even Mendota Heights residents!
Please know that a previous commitment prevents us from attending tonight's council meeting.
We will be taping the meeting and would appreciate your careful consideration of this issue.
Sincerely,
� / ' � O�
CHARLES AND L U NBERGER
790 Creek Avenue
Mendota Heights, MN 55120
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CITY OF MENDOTA HEIGHTS
MEMO
7une 27, 1996 ��,
TO: Mayor, City Council, and City A��tor
FROM: Patrick C. Hollister, Administrative Intern 1��
SUBJECT: Planning Case No. 96-18: NSP
Discussion
The Planning Commission conducted a public hearing on May 28, 1996, regarding NSP's
application for Conditional Use Permits for both Essential Services and Mining. Pat Cline,
Joe Mansur, Dave Callahan and Sheldon Silberman representing NSP appeared before the
Planning Commission to present their plan to remove one of the three existing
transformers from the NSP substation near Mendakota Park. In addition, their plans
include adding three capacitor banks and a control house and excavating and replacing
part of the fence around the property. Mr. Callahan said that the project may involve
parldng trucks and other machinery on City park properry, and that NSP will repair any
damage to sod or other landscaping incurred during construction.
The Planning Commission, at their May 28, 1996 meeting, tabled discussion of the
application to allow NSP time to present their proposal to the Parks and Recreation
Commission on June 11, hold a neighborhood meeting, and present a revised landscape
plan to the Planning Commission on 7une 25.
The Parks and Recreation Commission reviewed the landscape plans which NSP had
submitted in conjunction with its application and passed a motion recommending that
Commissioner Linnell, because of his landscaping background, and Mr. Kullander, as
Parks Project Coordinator, work with NSP on landscaping issues. (Ms. Blesener, a
neighbor, also volunteered to work with NSP.) NSP met with Commissioner Linnell, Ms.
Blesener, Mr. Kullander, and Mr. Hollister on 7une 17 to tour the NSP site and discuss the
landscaping plan.
NSP also held a neighborhood meeting at City Hall on Thursday, June 20, as requested by
the Planning Commission. NSP notified a11 residents within 350 feet of the substation
property, which does not include a11 residents of Mendakota Estates located across the
City park to the north. City Staff requested that NSP also notify Mendakota Estates
residents, and faxed NSP these addresses, but NSP declined to do so. NSP reports that
only two neighboring homes were present at the neighborhood meeting, and that one
expressed no opinion and the other felt that NSP's landscaping proposal was insufficient.
�
NSP revised its landscape plan in light of comments made at the meeting with
Commissioner Linnell, as well as the June 20 neighborhood meeting.
Also, the Mayor expressed the following concerns about the Substation at the June 18,
1996 City Council meeting, which Staff relayed to the Planning Commission at their June
25 meeting:
1. that as a matter of regular policy, NSP should be required to provide the City with
voltage and EMF information each time they intend to modify the level of service
provided by the Substation, and
2. that the City should ask NSP to shorten or eliminate some of the taller structures
within the Substation itself, thus making it less visually imposing, rather than merely
screen out through landscaping the apparatus as it exists.
At the Planning Commission meeting on June 25, Mr. Friedman of 906 Mendakota Court
e�ressed his satisfaction with NSP's revised landscape plan.
Recommendation
The Planning Commission, at their June 25 meeting, passed 5-0, (with Betlej and Friel
absent) a recommendation that the Council approve NSP's application for Conditional
Use Permits for Essential Services and N!'ining and a Variance allowing a fence higher than
6 feet with barbed wire under the following conditions:
1. that NSP provide copies to the City Council, of their revised landscape plan showing
the extension of the west wall 60 feet, the planting of trees between the wa.lkway and
the substation, the planting of Arborvitae on the east side, and the planting of trees on
the north side,
2. that NSP comply with the above landscape plan,
3. that if any damage be done to the existing landscaping it be replaced,
4. that NSP provide hard copies of the slide presented to the Planning Commission
featuring all sound levels recorded to the Council,
S. that NSP take the same noise measurements again 30 days after the project is
completed, and present these new levels to the Council within 30 days after they are
taken,
6. that if the above measurements indicate that noise in any direction has worsened in
either quality or volume, NSP present a remediation plan to the City,
7. and that NSP work out a satisfactory arrangement for maintenance of landscaping
NSP provides on park property.
Note: Mr. Callahan of NSP suggested that NSP guarantee the health of any trees planted
by NSP on park property for one year after they are planted, and that after this time period
expires maintenance of all such trees sha11 be the sole responsibility of the City.
Please see the attached materials relating to NSP's application, including:
1. A full-size copy of the revised landscape plan, featuring the addition of trees on the
north, east and west sides of the substation and an extension of a berm north of the
substation.
2. An 11" x 17" copy of the above landscape plan.
3. A list of sound measurements taken by NSP and a map indicating testing locations.
4. A composite of three photographs showing the cunent view of the substa"tion from the
north.
5. A computer-enhanced photograph of the same view showing the three new poles
which NSP plans to add as part of the project. (Note that the landscaping
improvements shown on this photograph are no longer current because NSP has since
revised its landscaping proposal.)
6. A photograph of a"horizontal stacking" pole.
Action Required
Review NSP's application with their representatives, add any desired conditions, and then
if the Council wishes to enact the Planning Commission's recommendation, pass a motion
adopting the attached Resolution 96- : A RESOLIJTION APPROVIlVG
CONDITIONAL USE PERMITS FOR AN ESSENTIAL SERVICE AND MINING,
AND A VARIANCE FOR A FENCE HIGHER THAN SIX FEET WITH BARBED
WIRE FOR NORTHERN STATES POWER AT THE ROGERS LAKE SUBSTATION.
CITY UF MENDCITA SEIGHTS
DAKOTA C4UNTY, MINNESOTA
RESOLUTION NO. 96-
A RES4LUTION APPROVING CONDITION.AL USE PERMTTS
FOR AN ESSENTIAL SERVICE AND NIINIlYG, AND A VARTANCE
FOI2 A FENCE ffiGHER. THAN SIX FEET WTTH BARBED WIl2E
FOR NORTHERN STATES Pt)WER AT THE ROGERS LA,KE SUBSTATION
WHEREAS, NSP has requested Conditiona� Use Pernuts far M'ining, Essential
Services, and a fence higher than six feet as proposed on plans in Case File No. 96-15; and
WHEREAS, The Planning Commission of the City of Mendota Heights held a
public hearing on this application at their May 2$ and June 25, 1996, meetings; and
WHEREAS, The Planning Commission voted 5-0 (with two members absent} on
7une 25, 1996 to recornmend that the City Council approve this request,
NOW,1'HEREFQI2E, IT IS HEREBY RESOLVED by the City Council of the
City ofMendota Heights that Conditional Use Permits for M�ining and Essential Se�rvices,
and a Variance for a fence higlzer than 6' with barbed wire are hereby granted conditioned
upon the following:
I. that NSP comply with their submitted landscape plan,
2. that if any damage be done to the existing landscaping it be replaced,
3. that NSP take the same naise measurernents prior to and 30 days after the project is
completed, and present bath results to the Council within 34 days after the latter are
taken,
4. that if the above measurements indicate that noise in any direction has worsened in
either quality or volume, NSP present a remediation plan to the City,
5, and that NSP work out a satisfactory arrangement for maintenance af landscaping on
park property.
Adopted by the City Council af the City af Mendota Heights this 2nd day of J'uly, 1996.
ATTEST:
By
Kathleen M. Swansan, City Clerk
CITY GOUNCII,
CITY C1F MENDUTA HEIGHTS
By
Charles E. Mertensotto, Mayor
�
C lty O�
1Viendota Heights
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No. �D- � �
Date of A lication �Y 7,1996
Fee Paid ��.C� . P� �( nl C{ `l
ApplicantName: Northern States Power Company pg. 330-5951
(�t� �r�� �� t tn : ave a a an
Address: 414- Nicollet Mall Minneapolis Z�d 55401
(Number & Street) (CitY) (State) (ZiP)
OwnerName: Northern States Power Company
(I-ast) (F'ust) (r'I�
Address: Same as above .
(Number & Street) (City) (State) (Zip)
Street Location of Property in Question: 2201 Higfiway 49
Mendota Heights, MN
LegalDescriptionofPtoperiy: Part of the S1/2 0� the S31�4 of Sec 26, �tap 28, Rge 23
Type of Request:
Rezoning
X Conditional Use Permit
Conditional Use Permit for P.U.D.
' Plan Approval
Comprehensive Plan Amendment
Applicable City Ordinance Number
Variance
Subdivision Approva�.
Wetlands Permit
Other (attach explanation)
Section
PresentZoaingp�.prpperty Rl presentUse El.ectrical Utility Substation
Proposed Zoning of Properiy Rl p�+pposed Use Electrical Utility Substation
I hereby dedan that ali statements made in this request on e addition
materia� a�e true. ., � NOR RN STA �
(Signa of Appli t) Y� Davi Calla an
Senior Right of Way Agent
'?�ia.y� 7 , 1�96
(Date) -
(Received by - �tte) ' •
1101 Victoria Curve • 1Viendota Heights, 1VIN • 55118 452 • 1850 ---
� r
► T
May 6, 1996
Northern States Power Company
414 Nicollet Mall
Minneapalis, MN 55401
Te{ephone (612) 330-5500
Letter of Intent To City of Mendota Heights: Rogers Lake Substation Project
This letter is to formally apply for a conditional-use permit to the City of Mendota
Heights for Northem States Power Company's Rogers Lake Substation Project.
Due to a growing demand for electricity in the southern suburbs of the St. Paul
Metropolitan Area, there is a need to increase the capacity of NSP's transmission &
substation system. This capacity expansion includes a project to add additional
equipment at NSP's Rogers Lake Substation located at 2201 HWY 49 (Dodd Road)
in Mendota Heights.
The scope of work in the proposed Rogers Lake Substation project includes:
- excavation of the northeast corner of the substation and installation of a retaining
wall to make room for additional electrical equipment
'- installation of a new 115kV steel bay with associated bus-work, insulators,
breakers and switches �
- installation of three 80 MVAR, 115kV Capacitor Banks with associated breakers
and switches
- expansion of the existing control house to add the protection & controls for the
new electrical equipment being added
- removal of a 115kV/69kV, 47 MVA Transformer Bank and associated 69kV
bus work and line termination
The new 115kV steel bay will provide load-relief to NSP's 69kV transmission system
in Dakota County. Its addition will also result in a more reliable transmission service
to Rogers Lake Substation and its customers (Mendota Heights).
The 115kV capacitor bank additions will provide much needed voltage support for
the metro-east 115kV transmission system under normal as well as contingency
operating conditions.
The excavation of a sloped area at the northeast corner of the substation will
require hauling the excavated soil off the property. The duration of this excavation
and hauling period is expected to be 4 weeks.
A sheet pile type retaining wall is planned to support the excavated slope at the
northeast corner. The retaining wall will be at the existing fenceline in this area.
Presently, we feel that the wall can be constructed from within the NSP substation
property. However, NSP would like permission from the city to utilize a narrow strip
of bordering city park property along this northeast corner for construction activity if
building the retaining wall totally from within NSP property proves difficult. Of
coarse, if NSP utilizes the park property, we will be responsible for restoring any
damaged grass, trees, and/or vegetation to its original condition.
The removal of the 115/69kV Transformer Bank will also eliminate the strongest
source of electrical noise from the Rogers Lake Substation site. None of the new
equipment being added under this project will introduce noticeable electrical noise.
The desired schedule for this project is as follows:
- excavation & retaining wall 1 month
- foundations 1 month
- control house expansion 1 month
- electrical construction 8 months
The excavation for the substation addition requires leveling of the site and the
removal of earth from the site. This "mining" is classified as a conditional use under
your ordinance. We are also installing substation equipment and transmission fine
structures as an addition to the substation. The ordinance identifies essential
services over 150% of the maximum height of the zoning district as a conditional
use permit. Any parking for NSP maintenance vehicles will be within the
substation compound fence.
Northern States Power Company, by submitting this application, does not waive its
authority to proceed with the construction under its eminent domain powers. At the
same time, this application will allow you to determine as to whether our plans are in
conformity with any applicable criteria or standards in your zoning ordinance.
Sincerely,
`�F �(,�-� ' 1. ,
�2 �j
�
David G Callahan
Senior Right-Of-Way Agent
Northern States Power Company
Hearing Date:
Case No:
Applicant:
Owner:
Address:
Location:
Request:
BACKGROUND
City of Mendota Heights Planning Report
Case No:96-18
Prepared by: Lynn M. Rabuse, AICP
Date Prepared: May 20, 1996
May 28, 1996
96-18
Northern States Power Company, 411 Nicollet Mail, Mpls
Same
2201 Highway 49
Part of the S% of the SE 1/4 of Sec 26, Twp 28, Range 23
1. Conditional Use Permit for essential service [per section 7.2(3)}
2. Conditional Use permit for Mining (per section 4.13)
NSP intends to make some alterations to the existing utility substation
off of Dodd road near the Mendakota Estates subdivision. The
property is located in an R-1 district where power substations require a
conditional use permit. In order to make the proposed changes, NSP
would also need to level part of the site and remove over 400 cubic
yards of earth requiring a mining permit.
In general, the plans include `removal of one of the three existing
transformers, adding three capacitor banks, adding a control house,
excavating, installing a retaining wall, and replacing part of the fence
around the property.
The applicant has stated that the improvements will provide load relief
to the transmission system in Dakota County as well as provide much
needed voltage support for the `metro-east' system. A residual effect
of the changes is an expected decrease in the noise emitted from the
site.
Although the substation was in place since the 1920's, long before
most (if not all residences adjacent to it), some neighbors near the
transformer have complained about the noise emitted from the
substation and have asked for a noise wall. NSP has been working
with neighbors and the City regarding an alternative berm banier in the
park to help attenuate the noise, but no formal plans have been
received to date. The applicant will likely want to address this at the
hearing. �
CONDITIONAL USE PERMIT
MINING PERMIT
2
The City code states that a mining permit is required far alteration of
over 40Q cubic yards oi' earth. However it also states that no mining
permit is needed when mining is to be "done in connection with an
approved development ar building plan far which permits have been
issued by the Ci#y Council°. To be certain that all issues are
adequately address, this application is being review as needing a
mining permit and the applicant was advised as such.
Grading on the nartheast camer af the site is necessary to flatten the
site in order to add ptanned equipment. Approximately 76Q cubic
yards of earth will be removed in #his process. Once flattened, a sheet
pile retaining wall wili be installed to suppart the excavated slope. The
retaining wall be in the same place as #he existing fence line.
Grading etevations were suppiied with the cequest, however it is not
indicated how much earth is #o be excavated or how it would be
removed from the site. This inforrnation has been requested but not
received as of the preparation date of this report. The eleva#ions do
inclicate that the walt witf be appraximately 16.5 feet tall at i#s highest
point, #hen #aper down to existing grade.
In order to canstruct the retaining wall, NSP has indica#ed that it might
be necessary to use City park property for access, but that they will be
responsible for restoring and damages (grass, tress, or other
vegetation) to its original conditian.
Since the original applica#ion, ! was informed that NSP met with City
s#aff and discussed utilizing the excavated earth to construct a berm
within ihe Gity Park #o act as a noise Barrier for surrounding residents.
I am not aware of the details of this latest praposal except for NSP's
ceasons to install a berm versus a noise wati (these are discussed
below). The City will need to review any berming within the park in
detail.
ESSENTfAL. SERYICE PERMIT
NSP disagrees wi#h the need for condi#ional use permit based on #he
fact tha# this is an essentia! service and NSP has eminent damain
pawer . However� the City Qrdinance clearly states that in the R-1
district electrical power sub-stations require a conditiona! use permit
(Section 7.2). .
NOISE: NSP representatives have indicated that the transformer being
removed is #he noisies# of the #hree and that initial calculations show
the replacement af the transformer will result in a reduction of the
noise leve! at the nor#h fence line from 49db #a approxima#ley 47db
(including all noise in the area - nat just that of the substation).- As
decibels are measured on a fogarithmic scale, this represents a
significant drop in noise.
NSP is proposing to canstruct a noise `berm' on the park property ta
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help reduce noise from the site. Although no formal plans for such a
berm have been received or reviewed to date (as mentioned above),
NSP has cited the following reasons a ain the construction of a
noise wall:
1. The wall would need to be at least 15' tall.
2. Noise walls run the risk of deflecting noise in the opposite
direction creating an undetermined effect to other neighbors.
3. Aesthetics of a long and tall wall would be undesirable.
They also cited the following reasons in favor of a noise berm.
1. Aesthetically more pleasing than a wall.
2. Better sound absorption qualities than a wall.
3. Better sound reflection qualities than a wall.
CONTROL HOUSE EXPANSION: The existing 20' by 30` control
house on the site is proposed to have a 24' x 37' expansion to house
the new equipment being added to the site. The control house will be
surrounded by a 7 ft high galvanized fence topped with barbed wire
(which is standard fence for NSP).
OTHER CONCERNS
- The control house expansion appears to go over a storm water
drainage pipe on the property. This pipe should be accommodated
elsewhere on site if it is disturbed.
- The retaining wall is fairly tnassive and should be screened with
landscaping to soften the appearance to neighbors and park users.
No landscaping plan was submitted.
- NSP.indicated in a phone conversation on 5/22/96 that three new
poles will be installed as part of this work as well. Details of the pole
locations and height of poles should be addressed.
PLANNER RECOMMENDATION
Recommend: Approval of the CUP if the concerns listed above are
addressed with conditions. A condition should also address the repair
of park property by NSP if damage is incurred as a result of
construction activities. Reasons: The improvements are necessary
and beneficial to the general public to this existing non-conforming
essential service .
ACTION: Hold a public hearing and make a recommendation the City Council to
(approve/deny) a conditional use permit for an essential service (with
necessary conditions) per section 7.3(2) and (approve/deny) a mining
permit for the removal of 760 cubic yards of material.
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CITY OF MENDOTA HEIGHTS
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June 28, 1996
To: Mayor and City Council
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From: Kevin Batchelder, City Ad 's tor
Subject: Tour of Mendota Heights to Visit Air Noise Impacted Areas
DISCUSSION
The Auport Relations Commission desires to schedule an evening bus tour of Mendota.
Heights to visit areas of the City that are impacted by air traffic from MSP. They have
requested that I schedule this tour and invite the City Council to join them on this tour.
Mr. P.11sworth Stein, of the Airports Relation Commission, has stated that the 5chool
District will allow the use of a school bus to conduct this tour, given sufficient notice of a date
and time for the tour.
If more than three City Councilmembers agree to participate, it would be considered a
public meeting under the Minnesota Open Meeting Statutes and Council will have to select a
date and time in order to properly announce the meeting.
ACTION REQUIRED
Consider if Council desires to participate in the proposed bus tour of Mendota Heights,
and if so, select a date to arrange the tour.
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