1996-07-161. . Ca11 to Qrder
2, R;oll Call
3-, ' Agenda Adoption
'`
CITY OF MENDOTA HEIGHT5
DAKOTA COUNTY,IVIINNESOTA
CITY COUNCII, AGENDA
JULY 16, 1996 - 7:30 P.M.
4; ' Approval of 7uly 2, 1996 Minutes (Available Monda,y)
�;�
� 5� Co` . ent alen ar
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°� : a; ��.ckaowl,edgment of July 9 Parks and Recreation Commission Minutes
�, b. Acknowl+edgment of Ju1y 10 Airport R�lation Commission Minutes
�: c. Aclrnowledgment of June Treasurer's Report
�;; d. Acknowledgment of 7une Fire Report
�; - e. Acknowiedge US West Henry Sibley High School Antenna Agreement
f. Approval: of BIF Portable Toilet Payment from Mendota. Heights Athletic
'��' Association
r,;
; .;
�� g:. Approval of Mendakota Country Club Fence CUP Amendment -
�� _" � � � � RF„S+DLLTTIONNO. 96-43
: ' h. Freparatibn of Assessment Rolls For Curley's Valley View - RESOLUTION
�; . NO.96-44
� i. .��pmval of Fina1 Payment Mendota Meadows - RESOLUTION NO. 96-45
�. Approval for Appointment of Secretary (Available 1�esday)
k,. Approval of Parks Five Year (1997-2001) Capitai Improvement Plan
1. �ppmval of Mendota Heights Senior House Addition Final Plat -
�tFSOLUTION NO. 96-46
> m. ,Approval of Feasibility Report and order to prepare plans and specif'ication
`Y" YSouth Plaza Drive Extension - RESOLUTION NO. 96-47
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�: n, �val of List of Contractars
<<-" o: ` Agproval of List of Claims
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End af Consent Calendar
��-
��� d. Public Comments
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W�('r.� .. � .
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��; T, �id Award
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� �, , 1996 Slurry Sea1 Project (Available 'hiesda.y)
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a. Discuss MnDQT Loga Sign Pmgram
b, CASE NO. 46-18; NSP Canditional Use Permit and Variance-
RESOLUTION NO. 9�G-48
c. Consider Reqaest from League of Minnesota Cities to Fund Right-of-Way Plan
d. Discuss Trail. on Victoria Curve from City Hall to Hunter Lane
� � � ;�������,
10. Adjaurn
Awciliazy aids far disa.h2ed persans are available upon reqaest at least 120 hours in
advance. If a notice of less than 120 �aurs is received, the City of Mendota Heights
will make every attempt to provide the aids, however, tbis may not be possib2e an short
notice. Please contact City Administtaation at 452-185p with requests.
<_
CITY OF MII�TDOTA HIIGHTS
7u1y 16, 1996
TO: Mayor and City Council
FROM: Kevin Batchelder, City Administrator
SUBJECT: Add On Agenda for July 16, 1996 City Council Meeting
Information originally indicated as available T�esday is now submitted for your review.
Please see item Sj of the consent calender (*) and item 7- bid award (*).
3. �genda Ado�tion.
It is recommended that Council adopt the revised agenda printed on pink paper.
: � � i � i ; � � � i y i i • i i � . : ,►
Please see attached memo.
7. Bid Award.
Please see attached memo.
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CITY OF MENDOTA HEIGHTS
MEMO
July 12, 1996
TO: Mayor, City Council, City Administrator
�
FROM: James E. Danielson, Public Works Direc �
Kathleen M. Swanson, City Clerk�� S�
SUBJECT: Appointment of Secretaries
INFORMATION
On July 2, Council accepted Diane Ward's resignation and authorized staff to internally
post the position and begin the process or recruiting an individual to fill that position or one
vacated by internal transfer. The engineering secretary position was posted within the city's
departments and two individuals, Nancy Bauer and Linda Shipton, expressed interest. Interviews
were conducted this afternoon.
DISCUSSION
Nancy Bauer, who is the Utility/Administration, is interested in the lateral transfer
because the position would give her more secretarial responsibilities. The majority of the Utility
Secretary's time is spent on utility billing. Nancy has been in her current position for seven
years, and was our receptionist for three years prior to that promotion. Since the Utility Secretary
position and the Engineering Secretary position are on the same level in the city's pay matrix,
there would be no increased compensation for Nancy.
Linda Shipton, Clerk-Receptionist, applied for a promotion to the Engineering Secretary
position. Prior to her employment with the city, much of Linda's background was in engineering
secretazial work. Linda. has been our receptionist for four years. In addition to her interest in
engineering, Linda is interested in new challenges and more secretarial work than her�current job
provides.
The city is very fortunate to have on sta.ff two qualified and highly motivated individuals,
both of whom seek new challenges. Each of them has done a fine job in their respective
positions over the years. In this particular instance, it is possible to reward both for their
dedication and work ethic. Transferring Nancy to the Engineering Secretary position will open
the Utility/Administration Secretary position for Linda. While Linda. expressed a preference for
the engineering position, she also expressed a desire for promotion to Nancy's position should
Nancy be transferred.
As Council is aware, Nancy has been acting as Administrator's Secretary during Kim's `�-
leave. Although we will recommend that Nancy's appointment to the engineering secretary �
position be made immediately, she will continue as Kevin's secretary until September 11 and in
the interim will take on some of the engineering secretary's responsibilities. Linda's promotion ,
`
will also be recommended to be made immediately, leaving her posrtion open. Our temporary
secretary, Cathy Englund, will assume the receptionist's responsibilities until recruitment can be
�' completed for that position. Council has also authorized the use of temporary help for election
related activities over the summer. Because we will still have one position vacant, we will
recruit part-time or temporary assistance as needed over the summer.
RECOMMENDATION
We recommend that Nancy Bauer be transferred to the Engineering Secretary position,
effective on July 17, 1996 with no increase in compensation. We further recommend that Linda
Shipton be promoted to the Utility/Administration Secretary position, effective on July 17, 1996,
at Level IX, Step C of the pay matrix. Both appoinhnents would be subject to a one year
probationary period We also recommend that Council authorize sta.ff to advertise and recruit
candidates for the Receptionist position.
ACTION REQUIRED
If Council desires to implement the recommendation, it should pass a motion to transfer
Nancy Bauer to the Engineering Secretary position and Linda� Shipton to the
Utility/Administration Secretary position, effective July 17, 1996 in accordance with the
recommendation, and to authorize staff to recruit candidates for the Receptionist position.
r ._
CTI`I' OF MENDOTA HEIGHTS
MEMO
�
July 16, 1996
TO: Mayor, City Council, and City Ad ' or
FROM: Marc S. Mogan �''�M
Civil Engineer
SUBJECT: 1996 Slurry Seal Praject
Job No. 9609
DISCUSSION•
Etids were opened today, Tuesday, July 16, 1996, at 10:Q4 a.m. far the 1996. Slurcy Seal
Project. Qne bid was received from S�tnack,8� �iwin Paving, Inc. This firm 1�as done alt afthe
street slurry sealing for 1Viendota Heights the last seven years. The bid sabmitt+ed was $43,61.0.
The bid price inciudes any required crack se��ling, and the slurry se�3ting of the streets as
shoum on the enclosed map. The budget amount far this prc�ject is $50,000.
RECQI��.YJCENDATIUIY:
I recammend Councii award the 199b Siurry Seai Project to Struck & Irwin Paving, Inc,
If'Cauncil desires to implement the abave recommendation they shoutd pass a motion
awarding the 1996 Slurry Seal Project to Struck & Irvvin Paving, Inc., of 812 Williamson St.,
Madison, WI , 53703 for their bid amaunt o£$43,610.
MSM
� • �* • STREETS PR4POSED �OR SGURRY SEAL
NO SCALE
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,��,.,�,�,.i 1�i,,endo�a 1996 SLURRY SEAL PRQJECT
�1�1�h'�r�'i � OG/17/96
110i V(CTORIA CURVE • MENDOTA NEIGHTS, MN 55118 (612) �521850 �SM
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CITY UF MF..NDOTA BEIGHTS
DAKOTA COUrfTY, MIlVNESOTA
CITY COIJNCIL AGFNDA
JULY 16, 1996 - 7:3U P.M.
{:�. t4 {�1�8F
Roll Call
Agenda Adoptian
Appravai of 7uly 2, 1996 Minutes {Available Manday)
Con ent �ate ar
a. Ac1�owledgment af 7uly 9 Parks and Recreation Cammission Minutes
b. Acknowledgment oi 7uly 10 Airport Relation Commission Minutes
c. Acl�owledgment of June Treasurer's Report
d. Ackaowledgment of June Fire Report
e. Aclu�owledge US West Henry Sibley High Schaol Antenna Agreement
f. Approval of BIF Portable Toitet Payment from Mendota Heights Athletic
Associa�on .
g. Approval of Mendakata. Country Club Fence CUP Amendment -
RESOLUTION NO. 96-43
h. Preparatian of Assessment Rolls For Curley's Valley View - FCl�SOLL�'i`IUN
NO. 96-44
1.
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Approval of Fina1 Payment Mendota Meadows -�►IESOLLJrTI4N N4. 96-45
Approval for Appointment of Secretary (Available Tuesday)
�"`.���""� of Parks Five Year {1997-2001) Capitai Improvement Plan
Approval of Mendota Heights Senior House Addition Final Plat -
F;]�SOLI��TIQN N(�}. 96-4b
Approval of Feasibility Report and order to prepare plans and specification
Sauth Ptaza Drive F.�ctension - F:ESULIJrTION NO. 9b-4'7
Approval of List of Contractors
Appraval af List af Claims
. G.( c� v� ��� c a.�'- c o v� �� 5� fe l�(u�. �. a. �..�� t,-t. l o�e,. ✓` ' j i� 4-�e, cw—c.:.�.. J�'
�nd af Consent Caiendar {r ,
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P�sbjic Co�m_entc
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1996 Slurry Sea1 Praject (Available Tuesday)
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8. Un�nished and New Bu in
a. Discuss MnDOT Logo Sign Program
b. CASE NO. 96-18: NSP Conditional Use Permit and Variance-
RESOLUTION NO. 96-48
c. Consider Request from League of Minnesota Cities to Fund Right-of-Way Plan
d. Discuss Trail on Victoria Curve from City Hall to Hunter Lane
9. Council Comments
10. Adj ourn
Auxiliary aids for disabled persons are available upon request at least 120 hours in
advance. If a notice of less than 120 hours is received, the City of Mendota Heights
will make every attempt to pmvide the aids, however, this may not be possible on short
notice. Please contact City Administration at 452-1850 with requests.
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Page No. 1
July 2, 1996
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, July 2, 1996
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, was held at 7:30 o'clock P.M. at City Ha11, 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 Koch, Krebsbach and Smith. Councilmember Huber had
notified the Council that he would be late.
AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda
for the meeting.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
APPROVAL OF MINLTTES Councilmember Smith moved approval of the minutes of the
regular meeting held June 18, 1996 as amended.
Councilmember Koch seconded the motion.
Ayes: 3
Nays: 0
Abstain: 1 Krebsbach
CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar
for the meeting, revised to move item f, Friendly Hills Middle
School, to the regular agenda, along with authorization for execution
of any necessary documents contained therein.
a. Aclmowledgment of the minutes of the June 12, 1996 Airport
Relations Commission meeting.
b. Acknowledgment of the minutes of the June 25, 1996
Planning Commission meeting.
c. Acknowledgment of the Code Enforcement monthly report
for June.
d. Acceptance of the resignation of Diane Ward with regret,
appointment of Nancy Bauer as Deputy Clerk, authorization
for staff to internally post the engineering secretary position,
and authorization for staff to begin the recruitment process for
Page No. 2
July 2, 1996
the vacancy or for a vacancy which occurs as the result of
internal posting.
e. Adoption of Resolution No. 96-41, "RESOLUTION
APPROVING FINAL PLAT FOR SOUTHRIDGE
BUSINESS CENTER 2''iD ADDITION."
f. Authorization to issue 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 delivery for
acquisition of a color output device.
g. Adoption of Ordinance No. 310, "AN ORDINANCE
PROHIBITING PARKIG ON THE SOUTH SIDE OF
MARIE AVENUE BEING 50 FEET WIDE CENTERED ON
THE PEDESTRIAN CROSSWALK LOCATED ACROSS
FROM RIDGEWOOD DRNE.
h. Acknowledgment of the Sprint antenna agreement
i. Approval of the list of contractor licenses dated June 4, 1996
and attached hereto.
j. Approval of the List of Claims dated June 4, 1996 and totaling
$468,562.58.
Cou.ncilmember Smith seconded the motion.
Ayes: 4
Nays: 0
MIDDLE SCHOOL Council acknowledged a memo from Public Works Director
Danielson regazding the Friendly Hills Middle School construction.
Ms. Lois Rockney, Assistant Superintendent for Business Affairs,
and Mr. Bob Gunderson, landscape architect for the project, were
present for the discussion.
Ms. Rockney confirmed that there has been a change in the grading
plan for the school property. She explained that the school district
began construction on the project on June 10 and residents on the
north property line were concerned about the grading on the site and
how close it would come to their properties. She explained that she
and others met with the neighbors and city officials, and after that
meeting directed the project architect to look at the site plan and
work with city engineeri.ng. She informed Council that the result
U
Page No. 3
July 2, 1996
was a revised plan which has been approved by the school board
subject to City Council approval. She explained that after board
approval she again met with the neighbors and feels that all of the
concerns have now been resolved.
Councilmember Huber arrived at 8:30 p.m.
Mr. Gunderson reviewed the revised grading and landscape plan.
He sta.ted that there were two major issues - a screen between the
residences and the athletic fields, and drainage. He explained that
the water from the site will drain in three directions - to the drainage
swale to the north, to Huber Drive and to the swale to the south. The
proposed drainage swales on each side of the fields will drain to the
city catch basins, and a twenty-foot "no disturb" zone will be
maintained between the fields and the neighbors. He informed
Council that this area will not be touched during construction.
Responding to a question from Mayor Mertensotto about grade
changes to the north on the field, Mr. Gunderson stated that there
will be a 2% slope from the middle to the edge of the field as
compares to the existing 4% slope. He explained that the field width
has been narrowed to 195 feet, and by doing that, he was able to get
more distance from the property line to where the field of play will
be in order to create the buffer zone.
Councilmember Krebsbach stated that she wants to be sure that the
field is still a safe area for the children.
Mr. Gunderson responded that the run off zone is the safety buffer,
and it is almost level. He explained that trees will start about 20 feet
back from the field.
Engineer Mogan informed Council that he has reviewed the grading
plan and found it to be acceptable. He explained that a little more
drainage has been added to the pond, but it will have no impact.
Mr. Gunderson informed Council that he has had daily contact with
the neighbors and the contractor has been working every day
transplanting txees, etc., in the no-disturb zone. He also informed
Council that the north field will accommodate adult play.
Mayor Mertensotto asked if any change has been made in the width
of the curb cuts.
Mr. Gunderson responded that he does not believe there has been
any change.
Page No. 4
July 2, 1996
Mayor Mertensotto pointed out that this is the only part of the
construction detail that says "by city code," and the implication is
that the school district would like larger curb cuts but the city did
not allow it. He stated that Council does not want the school district
to say that the city restricted the curb cuts to 30 feet wide, and
pointed out that Council actually granted up to 36 foot wide cuts.
Councilmember Smith sta.ted that Council gave the district leeway
for creating the additional width for access subject to review by the
school district's engineer for a decision on whether the width should
be increased.
Mayor Mertensotto pointed out that there is a real bottleneck on
Lake Drive, and one school bus must wait for another to come out in
order to make the turn.
Mr. Gunderson responded that he will look at it again. He stated
that he wants the accesses to be as safe and visually appealing and
will look at the plan and fax something to Mayor Mertensotto.
Mr. Gunderson reviewed the landscape plan. He explained that trees
will be planted along Huber Drive and along the fields. The trees
will be planted in groves to screen the view of the neighbors looking
up the hill from their back yards, and most of the trees that are
transplanted to the area will be aspen and boxelder. He informed
Council that the new trees along the entrance to the property will be
two and one-half inch caliper and about eighteen feet ta.11.
Mayor Mertensotto asked why Mr. Gunderson proposed to
transplant boxelder, which he felt would attract bugs that create real
nuisances. He also asked Mr. Gunderson not to save any
cottonwood trees.
Mr. Gunderson responded that some of the neighbors asked for
boxelders. He explained that the boxelders will be transplanted in
the far reaches, and they will only be transplanted if he ru.ns out of
aspen and sumac and other trees to transplant. He stated that the
boxelders will only be used to get the screen to adequate density.
Responding to a question from Councilmember Smith, he stated that
none of the transplants will leave the school site, however there
could be a mortality rate of 30% during transplanting, so at least at
least 30% of trees in addition to what are needed will be held in
reserve to reserve the ones that die.
DAKOTA BANK/SUPER Council acknowledged a memo from Public Works Director
Page No. 5
July 2, 1996
AMERICA Danielson regarding development and tax increment agreements and
final plat approval for Dakota Bank and SuperAmerica. Mr. Mike
Cronin and Mr. Sam Van Tassel were present on behalf of
SuperAmerica. Mr. John Seidel was present for Dakota. Bank.
City Attorney Hart informed Council that there are some changes in
the agreements which all parties are in agreement on. He explained
that there are no longer any disagreements over the TIF agreement.
He stated that the changes requested by SuperAmerica on the
agreement involve one inadvertent misunderstanding over transfer of
ownership. He stated that it is understood that Dakota. Bank will be
acquiring all the property and the transfer of the SuperAmerica site
to SuperAmerica will be a permitted transfer under the TIF
agreement.
Mayor Mertensotto agreed, stating that SuperAmerica will have its
own pay as you go note.
Attorney Hart stated that in Section 2.2i there is a representation that
the cost of the SuperAmerica site improvements shall be no less than
$800,000, and that it is his understanding that the projected cost of
the improvements has been changed to $600,000. He explained that
if that is the case, SuperAmerica may not qualify for 100% of the
benefits provided in the SA note. He stated that SuperAmerica is
limited to whatever tax revenue the city receives from the site. He
informed Council that Mr. Cronin and Mr. Van Tassel understand
that the SuperAmerica benefits will be reduced by the reduction in
tax revenue.
Mayor Mertensotto stated that he will ask Treasurer Shaughnessy to
write each of the applicants a letter regarding the transfer of property
to SuperAmerica and pay as you go note benefits. He explained that
if the properties do not generate enough tax in one year, the
difference will be forfeited and cannot be picked up in another year.
He stated that he is disturbed that SA promised a certain amount of
development and has decreased it: there was a representation of
$800,000 made many times and now SA is saying the value may
only be $600,000.
Mr. Cronin responded that the issue was a misunderstanding that the
real property and personal property could add up to $800,000. He
stated that SA assumed that the total cost included the cost to open
the store, things like the canopy, car wash equipment, coolers, etc.,
which are not considered real property. He stated that
SuperAmerica wants it to be clear that the bricks and mortar
construction cost is about $600,000.
Page No. 6
July 2, 1996
Attorney Hart stated that the agreement will be amended by an
aclrnowledgment from the borrower that they understand the issue.
He then informed Council that Section 3.6 of the agreement
references the fronta.ge road which has not yet been specifically
located. He sta.ted that the SuperAmerica representa.tives are
concerned that from a title perspective, for a short time the entire SA
lot will be burdened by a construction easement. He further stated
that this is not what was originally intended, and that SA should be
assured that the temporary construction easement will in no way
burden the properiy and that it will terminate at a certain point in
time. '
Mayor Mertensotto responded that SA would grant to the city such
right of way as is necessary to build a service road.
Attorney Hart stated that SA has agreed t� a temporary construction
easement as long as the city agrees that SA can build its building in
accordance with the site plan.
Mayor Mertensotto suggested that SA grant the city a temporary
construction easement which would terminate in two years.
Mr. Cronin responded that the specific problem is that as the
easement is written, it covers the entire site.
Mayor Mertensotto stated that if approval of a building permit is
granted, and the building is constructed according to the site plans
on file with the city, there should be no objection to the easement as
the road will not go through the building.
Attomey Hart informed Council that the only paragraph in the site
plan agreement that is controversial is Section 10, regarding
environmental clean up. He explained that the objections he has
received involved the insertion of deadlines for the approval of the
remediation inventory corrective action plan. He stated that SA is
concerned that sixty days is too aggressive for submitting and
getting approval of a plan.
Mayor Mertensotto responded that all Council said was that no
building pernut will be issued until SA does the demolition and
clean up of the site.
Attorney Hart sta.ted that a deadline is important, but the city will
not be giving any pay as you go benefit until SA gains occupancy.
He suggested 270 da.ys.
Page No. 7
July 2, 1996
Mr. Cronin responded that SA's consultant, Delta Environmental,
has not started its specific investigation of the site yet. He explained
that SA can control to some extent how quickly Delta gets its work
done, but it cannot control the PCA process which takes 90 to 120
da.ys.
It was the consensus that 270 days is appropriate.
Attorney Hart stated that the city has suggested that completion of
the remediation work pursuant to the approved correction design be
done in two years, and SA is afraid that it cannot meet the deadline.
Mr. Cronin responded that it is SA's position that it does not know
exactly what will be involved but it is comxnitted to completing the
work as quickly as possible. He stated that at this point SA does not
laiow what is going to be involved or what the remediation plan will
be, or how long remediation will take.
Mayor Mertensotto asked if completion can be subject to reasonable
extension. He stated that if the city were not putting money into the
project, SA would only need to meet the applicable PCA or state
codes, but Council is concerned about having some monitoring and
some input.
Mr. Cronin responded that SA is in complete agreement with the
final sentence of the section, but the problem is that SA cannot
commit to a process that is totally outside of SA's control.
Mayor Mertensotto stated that on the agreement could be revised to
state that on the two year anniversary, SA could request an extension
which will not be unreasonably withheld by the city.
Attorney Hart agreed, suggesting that as long as SA will diligently
pursue completion the city will not unreasonably withhold
extension. He then informed Council that the only other issue is the
requirement that the city actually approve the remediation action
design.
Mayor Mertensotto stated that Council would just like the plan to be
filed with the city so that Council has knowledge of the plan and the
ability to review and comment. He informed Mr. Cronin that the
city will not withhold its consent. He sta.ted that on the second
anniversary of the agreement, SA could come back and tell Council
what is going on and Council will not unreasonably withhold an
extension. He informed Mr. Cronin that Council also wants SA to
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Page No. 8
July 2, 1996
be obligated to file the same reports with the city as are filed with
the PCA or any governmental agency.
Mr. Cronin responded that all correspondence will flow to the city.
He further stated that SA still wants to come back for Council
approval of the technical documents which will be prepared for SA.
He asked if Council would state that it does not want to grant
approval but only wants document flow.
Mayor Mertensotto sta.ted that the agreement will read that approval
will not be withheld, and informed Mr. Cronin that the Council is
really not asking for more than a notice requirement.
Attorney Hart stated that he does not think SA would take issue with
the language that everything must come to the city, but what is
controversial is the requirement that the city approve the remediation
investigation/corrective action design (RUCAD). He suggested that
SA give the city the opporlunity to comment and if the city fails to
comment within a certain period of time, that would be deemed
approval and acceptance.
Councilmember Koch moved adoption of Resolution No. 96-42,
"RESOLUTION APPROVING FINAL PLAT FOR DAKOTA
VALLEY VIEW ADDITION," approval of the Site Plan and
Development Agreement between the city and SuperAmerica and
Dakota Bank as amended, and approval of the amended Contract for
Private Development for Tax Increment Financing to be filed jointly
by SA and Dakota Bank with the provision that the Treasurer write a
letter to both parties as directed earlier in the discussion.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
BOURN DRIVE Council acknowledged a memo a from Administrator Batchelder
regarding a request from Ms. Pat Fatrington for a change in the
name of Rogers Road to Bourn Drive. Council also acknowledged a
letter of request from Ms. Farrington along with a proposed
ordinance.
Ms. Farrington submitted a letter from Mr. and Mrs. Gauw, the only
other residents on the street, giving their consent to the street name
change.
Mayor Mertensotto suggested that "drive" envisions something
longer than 500 feet, and that perhaps Bourn Lane would be more
appropriate.
Page No. 9
July 2, 1996
Ms. Farrington agreed that Lane would be acceptable.
Councilmember Koch moved adoption of Ordinance No. 311, "AN
ORDINANCE PROVIDING FOR TI�E CHANGE OF THE NAME
OF ROGERS ROAD TO BOURN LANE."
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
BALLFIELD LIGHTS Council acknowledged a memo from City Administrator Batchelder
regarding consideration of a request for ballfield lights at Mendakota.
park and updating Council on task force and Pazks and Recreation
Commission discussions on the request. Council also aclrnowledged
receipt of the following information: "Findings of the Ballfield
Lights Task Force for Mendakota Park;" 1996 Mendakota Park
field schedule; other Mendota Heights park field use information;
MHAA field use information; a 1996 Mendota Heights softball team
status report; census and enrollment information for Independent
School District 197; a letter from Dr. John Norton on MHAA youth
programs and participation; information from Parks Project Manager
Kullander on ballfield development costs and possible site locations;
a memo from Dr. Norton and Adult Softball Representa.tive Jim
Kilburg; a petition from the Mendakota neighborhood in opposition
to lights; letters in opposition to lighting from Mr. & Mrs. Oliver
Courtemanche, Ms. Mary Lou Johnson, Mr. & Mrs. Don
Harrington, Mr. & Mrs. Fred Lambrecht, Mr. Donald McMillan, Mr.
& Mrs. Fred Erickson, Mr. Christopher Scotti, Mr. Richard Gabriel,
and Mr. Bernard Friel; and a letter from Mr. John Carl, Jr.
Regarding the fmdings of the Ballfield Task Force.
Dr. John Norton, baseball commissioner for MHAA, responded to
the points in the opposition petition. He stated that one of the
original issues was the light shining out too far, another was that the
softball players are loud or rowdy. In response to the light spillage
issue, he showed a video on lighted fields. He explained that the
lower the poles, the more light spills out, which is why
modifications are made, with internal baffles to bounce light down
and hoods to keep light from shining above. He stated that the video
also showed that lighting can be done without interfering with the
neighborhoods. Regarding the behavior of the softball players, he
stated that they do not have a big following and are not rowdy or
drink at the fields. He sta.ted that the police department has never
received a complaint to his knowledge. Regarding the comment in
the petition that enforcement is poor, he stated that he feels the
police department does a great job, as is evidenced by the baseball
Page No. 10
July 2, 1996
tournament held last weekend. He stated that there is a critical need
for ballfields in the community.
Mayor Mertensotto asked what the length of the base path is at St.
Thomas Academy. -
Dr. Norton responded that St. Thomas has two ninety foot fields that
MHAA rents, and there is one at the Sibley complex that MHAA
uses in addition to the city's athletic complex at Sibley.
Mayor Mertensotto informed the audience that Council appointed a
special task force to discuss ballfield lighting and although they
worked hard they could not come to a set of findings. He stated that
the issue then went to the Parks and Recreation Commission, which
split 3/3 on the issue, and it now has come back to Council with no
definitive information on the problem. He asked how many fields
MHAA needs and how many youth aze involved in the MHAA
program. He pointed out that the school district data. indicates that
the city is possibly at a peak now and there will not be an increase in
the school district out to the yeax 2000 or 2001. He asked what the
need is if there axe enough fields now for the program and the
student population is not going to increase.
Dr. Norton responded that the younger children have not reached the
top yet and each league will continue to get bigger. He stated that
each year more children are in the programs - two years ago they
year not full but now MHAA is nuuung out of field space. He stated
that MHAA had to turn down two traveling teams tlus year, and
many of the children who started in the programs are now coming
up and there is no place to go. He informed Council that there aze
300 children in tee ball and those children will be coming up
through the program. He explained that when the current 13 yeaz
olds were in tee ball there were about one-third as many as there are
in the tee ball program now. He sta.ted that MHAA will have to turn
down four traveling teams next year, and while things will
ultimately level out, right now the inflow is much greater than the
outflow.
Mayor Mertensotto asked Dr. Norton how many fields the
association needs per week to play a full schedule.
Dr. Norton responded that MHAA is playing 105 games a week now
inside the city, and Mendota Heights provides 46.2% of MHAA `s
fields - the school district's fields are also used and some fields are
rented. He stated that while there will be two new fields available at
Page No. 11
July 2, 1996
the middle school in 1998, they will have to be shared with the
soccer teams.
Councilmember Krebsbach asked how many more fields would
satisfy the need if lighting is not installed.
Dr. Norton responded that lighting at Mendakota would allow ten to
twelve more games per week. He explained that adding the middle
school fields will not resolve the problems because bigger fields are
needed as there are children in the fourteen year old group coming
up. He informed Council that the VFW and legion teams also use
the Sibley site. He stated that his feeling is why build new fields
when there are fields at Mendakota and a new shift could be added if
there were lights.
Mayor Mertensotto stated that the opposition to the lights is whether
all possibilities have bee explored. He stated that people have asked
about options and the land north of T.H. 110 has been suggested for
possible fields. He felt that the site is not appropriate and pointed
out that it has been held by Mn/DOT for road purposes and the city
would have to purchase the land. He did not think the site is a viable
option. The stated that it was suggested that the National Guard
could perhaps do the grading for the fields, as it would have done on
the Resurrection Cemetery site, but it would not be possible for them
to use their large equipment at the Freeway Road site. He informed
the audience that Council is also looking at possibly hying to
acquire land south of Mendota. Heights Road across from St.
Thomas but that is guided for office park. He stated that the
developer of the property wants to use the land for office warehouse
and Council does not want that use across from a school, but the
$4.00 per square foot asking price for the land would be a
tremendous cost. He did not think that timing is right for a bond
issue given that the school district just received bond issue approval
for two schools. He stated that another issue is whether the existing
fields aze being fully utilized. He informed the audience that
Council must also wrestle with the need for a full-time recreation
director. He sta.ted that Council wants to keep properiy taxes down
and does not want to increase the tax rate. Mayor Mertensotto stated
that Council needs to know what the MHAA demands aze and
whether they are factual - Council must know that the MHAA
numbers aze accurate and then must see what options are available.
He informed the audience that Council has talked to the
Resurrection Cemetery representatives and has received no response.
He felt that the excess cemetery property would be a good place for
a pinwheel design, there would be no concern over lights, and the
88`� Air Command would do the site preparation work for the city.
Page No. 12
July 2, 1996
He also stated that there has been strong demand for an ice arena
across from St. Thomas. He asked Dr. Norton if the MHAA
schedules any games before 5:30 p.m.
Dr. Norton responded that no games are scheduled before 5:30
because the coaches are volunteers and cannot be at the games that
early. �
Mayor Mertensotto stated that it has been brought up that the city
must be cognizant of the demands of youth, and the need to keep
them engaged in constructive activities. He felt that youth should be
given the priority for Mendakota Park over adults, and MHAA
cannot through scheduling meet its needs.
Dr. Norton stated that for a 10% investment on top of what the city
has invested in the Mendakota complex, the city would be getting a
200% increase in use if lights are installed. He informed Council
that it is the youth games that are noisy because there are specta.tors -
there are about 1,200 children in the program but that does not
include the VFW, girls softball, etc. He stated that MHAA also
trains and hires fourteen year olds for umpires. He also stated that
he does not feel that fields should be constructed at Friendly Hills
Marsh. Responding to a question from Mayor Mertensotto, he
stated that there are some children from Eagan in the MHAA
�programs because a portion of Eagan is in District 197, but MHAA
can no longer use Eagan fields this year because the Eagan program
has grown.
Mayor Mertensotto suggested that Eagan owes the MHAA
reciprocal use of fields and perhaps possibilities should be explored
with Eagan since there are Eagan youth playing in the MHAA
program. He agreed that Eagan children should be in the MHAA
programs to the extent that if the children are in the same school
district they would want to play with their friends, but that the city
should explore what is available and the school district and Eagan
should recognize that at least the Pilot Knob School fields should be
available for MHAA use.
Dr. Norton stated that he has talked with the school district and use
of the Pilot Knob fields may be a possibility. He informed Council
that he has also talked to West St. Paul and St. Croix Lutheran
Church representatives and everyone he spoke to has the same
problems as MHAA. He stated that there has been much growth in
baseball and soccer.
Page No. 13
July 2, 1996
Mayor Mertensotto stated that with the amount of attention directed
to the issue, it would behoove Council to ask MHAA to make every
effort possible to adjust its schedules or find all of the fields that aze
available. He further stated that if all avenues have been explored,
then he feels youth should have the priority for the Mendakota
fields. He asked that MHAA give Council sor�e breathing room to
look at options and fields. He stated that utilization of fields has to
be greater, both at Sibley and Mendakota, and that perhaps the city
must get more involved in discussions with the school district and
MHAA. He felt that the school district should give MHAA field
space since children in the district but outside of Mendota Heights
are included in the MHAA programs.
Responding to a question from Councilmember Krebsbach, Dr.
Norton stated that the baseball season runs from the second week in
May to July 20, but the traveling teams play into August.
Mr. John Eide, a resident on Swan Court, stated that he has spoken
to the South St. Paul police department a few weeks ago and went
on patrol with them. He stated that the police gave him detail on
McMonow field and the officers told him that the fields are out of
control and they cannot respond to all of the calls that come in about
the fields.
Councilmember Huber stated that he has spoken to Police Chief
Delmont today, and to the chiefls knowledge there has never been
any problem at the Mendakota. fields.
Mrs. Edgaz stated that she has called several times about teams
drinking at Mendakota and the police do not respond. She further
stated that when she drove by the field at 8:30 there were 60 people
drinking in the parking lot.
Mayor Mertensotto responded that if the police are not responding,
Council can control that. He directed Administrator Batchelder to
notify the police chief of the accusation that the police are not
responding.
Mrs. Edgar stated that MHAA says there is so much pressure on the
fields, yet when she was at a Sibley field on the nights of May 20
and 23 and June 3, there were four fields open.
Dr. Norton responded that there is softball at Sibley four nights a
week.
Page No. 14
July 2, 1996
Mrs. Edgar sta.ted that the point is that the information MHAA has
provided states that the fields are being used when in actuality there
is no one there. She also asked why one field needs to be empty at
Mendakota one day of every week.
Mayor Mertensotto asked Administrator Batchelder to check on
scheduling. He stated that Council wants to know whether the fields
are being used, since the information Council has received is that the
Sibley fields are always full.
Mr. Mike Black, 904 Mendakota Court, stated that he was on the
task force and agrees on many of the facts given by Dr. Norton. He
stated that there are some things in the task force report which he
would like to point out. He noted that there has been an increase in
the number of children in the MHAA from 1990 to 1995, but there
has also been a decrease in 1996, and the1996 enrollment was able
to be acco�modated in 1996. 1l�fr. Black stated that the trend is that
there will not be growth in the population, and while it is true that
there are two traveling teams that were not formed this year, the
traveling teams are the skilled players but the regular programs are
available for a.nyone who wants to play. He stated that the children
could still sta.y in the MHAA program but chose not to play, and the
point is that everyone is being told the numbers are going up every
year but in fact they went down in 1996 from 1995. He stated that
Dr. Norton mentioned that there are 105 games each week scheduled
by MHAA, and, not counting the fields at Mendakota there are 24
fields available for those 104 games, or an average of four games per
field.
Councilmember Huber stated that what Council needs is information
on matching up the fields with the age ranges. He sta.ted that the
statistics are 105 games on 24 fields, but on any given night there
could be tee ball fields empty but other fields that the older children
need are over crowded.
Dr. Norton pointed out that three or four fields on the list are just
grassy areas.
Mr. Black asked if Dr. Norton is saying that he listed fields as lost
even though they were never used. He stated that if the MHAA is
coming to Council to ask the city to spend public funds to do an
improvement that is controversial and would have a big impact on
the neighborhood, the burden is on MHAA to come forward with
some good, concrete information on the issues where there is some
question. He further stated that he needs additional information in
order to determine if his criticisms aze valid. He pointed out that
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Page No. 15
July 2, 1996
there is solid information on the number of children participating in
the program and information from the school district and some
information on scheduling, but there is no information on what
games are actually being played. He stated that it is not up to the
Council to answer those questions, but rather, the burden of proof is
on the MHAA.
Mayor Mertensotto responded that Council has to rely on the people
who aze doing the scheduling. He explained that the issue has
become emotional, and a good decision cannot be made - Council
will ask the MHAA to do everything that Mr. Black has asked
including jockeying the scheduling and getting better utility of all
the fields including the school district fields.
Mr. Black stated that MHAA really does not want lights, it wants
fields. He noted that MHAA has six games a week at Mendakota
now and under the proposal expects to get 16 games a week at
Mendakota. He felt that if MHAA is only talking about ten games a
week, Council should take a hard look at that when considering
spending so much money.
Responding to a question from Mrs. Edgar, Adminisixator
Batchelder reviewed city regulations on the use of beer in the parks
as well as the 1995 softball league rules on beer at games.
Mr. Dave Dreelan, 785 Creek, stated that he has played softball at
Mendakota ever since the fields were built and has never been at the
fields past 9:30. He fizrther stated that all of the players are
responsible and do not sit in the parking lot drinking beer after
games. He stated that the team sponsors ask the teams to come to
their esta.blishments after the games. He informed Council that if a
squad car came through the area at 10:00 and told people that the
pazk is closed, everyone would leave. He explained that players are
not even allowed to drink beer during the games, and beer drinking
just does not happen. He asked Council to make its decision based
on what is best for the community as a whole. He stated that he
lives near the fields and even though lights would affect him he
would like to see lights so that the fields can be used.
Mr. rank Freedman, 906 Mendakota. Court, a member of the task
force, stated that the solution to the problem for MHAA is not more
fields like Mendakota but more 90 foot base paths. He stated
Mendakota is not a 90 foot base path field complex and lights will
not add capacity where the association needs it. He explained that
Dr. Norton stated that the need is for 90 foot base paths many times
at the task force meetings. He also pointed out that Mendakota is not
Page No. 16
July 2, 1996
used by either MHAA or softball on Friday nights, and if the issue is
capacity and utility, the city should look at that.
Mr. Bernard Friel stated that he does not live near the park, and
whatever happens will not affect him, but his concern is the
precedent that lighting the fields would set for lighting throughout
the community. He stated that the school district may want lighting
on its property and once the city has lights in its parks, a precedent
would be set. He further stated that people who play tennis might
then want lights. He observed that the two fact finding bodies that
reported to the Council on the issue failed to reach consensus on the
need for lighting the fields and it does not take much imagination to
see that the traffic and noise that goes along with the extended use of
the lighted fields in the evening does have an impact on the
enjoyment and peace of the people who live nearby. He further
stated that the community does not have a lighting policy now, and
to adopt lighting for this facility there should first be alighting policy
in place.
Councilmember Smith responded that she does not tlunk what
Council is talking about tonight is who is in favor of baseball and
who is not and that everyone would agree that the MHAA is a
valuable asset. She sta.ted that what is being discussed is one
solution to the problem of not enough field time.
Ms. Jann Blesener, 848 Mendakota Court, sta.ted that the analysis
that must go into Council's decision must first be the question of
whether Council agrees that there is indeed a demand for fields. She
felt that the point is debatable, but that if in fact Council agrees there
is a demand, the second question is how far must the city go to meet
the demand. She stated that if Council decides it must add more
field capacity, it must decide the best way to add capacity and
lighting is only one way. She stated that it is Council's
responsibility to enhance and protect the character of the community
and not make a decision that would be a detriment to the
community. She felt that there aze other ways to add capacity by
adding green space, which would enhance the community, whether
that be Friendly Marsh, Resurrection Cemetery, Freeway Road or
wherever. She sta.ted that if Council decided that lights are the only
way to solve the problem, then the lights should be installed instead
at Sibley, since school fields aze the first places that are lit in most
communities and it could be used year round.
Councilmember Huber stated that Council does need to think about
the precedent that lighting would set. He noted that comments have
been made tonight regarding preference of youth over adult play, but
Page No. 17
July 2, 1996
sta.ted that he does not support hat position and does not want to be
put in the position of having to choose. He stated that he would
have a very hard time throwing the adult teams out of Mendakota. to
let the youth use the fields. He felt that Council needs to solve the
problem, not by favoring one group over another but by trying to
accommodate both groups. He stated that Council needs more
information and have the MHAA information stratified by age to see
where the program is going, and to get statistics on the 10 to 14 year
olds in order to match up the youths to the fields. He informed
Council and the audience that he visited Lonaine Park in South St.
Paul, which was just lit. He explained that the lights are turned off
at about 10:20 and there was definitely some overlap of light to the
homes in the area. He reviewed the impact of the lights on nearby
homes and stated that he would like to go to a complex where all
four fields are lit. He encouraged everyone who has an interest in
the issue to go out and look at light fields. Councilmember Huber
pointed out that Council needs to get the facts from the police
department on calls it has received and it must also get the facts on
need. He stated that Mendakota Park is a community park and he
does not think it is financially viable to acquire land and build more
fields. He felt that future demand will have to be absorbed at
Mendakota. Park, which may mean lights or which may mean
putting on city staff to coach teams so that they can start earlier. He
was not in favor of saying no to adult teams or to the youth who
have outgrown other fields.
Councilmember Smith stated that she was disappointed to find
through all of the discussions that the data. and the conclusions from
the da.ta are inconclusive. She further stated that there are no
definite conclusions or even any agreement on the data, which leads
her to conclude that she could not support lights at this time. She
pointed out that once a decision is made for lighting it cannot be
taken back and before Council even gets to that point it must
consider the land use issue. She felt that whatever standards are
developed must be applicable across the community, to the school
district or any other facilities. She pointed out that once people see
lights one place Council would have a very difficult time justifying a
negative decision for others - Council must define the parameters
and find something that would be accepta.ble to the community. She
felt that a decision on lights at this time would lunit Council's
options. She stated that it is her understanding that a new complex
would be somewhat similar to Mendakota and that is not what
Council is after - what Council is after is a place to play that is
adequate but not the quality of Mendakota. She felt that there is a
big difference between what was shown on the lighting video and
actuality - in the video people had a bad situation that was made
�
Page No. 18
July 2, 1996
better, but in Mendota Heights' case there are no lights and people
would be going from not having lights to lighted fields and the
neighborhood would be giving something up. She felt that Council
must continue to look for a solution, which perhaps would not come
as soon as people would like.
Mayor Mertensotto stated that the problem is not going to go away
and while he understands the concerns of the neighboring residents,
Council must determine what the city's obligation is. He stated that
MHAA claims that 70 coaches volunteer twelve hours each week, '
which calculates to $8400 in cost to the city if it took over the
program. He sta.ted that Council does not want the MHAA program
to fall apart and must be cazeful how the problem is solved. He
asked MHAA to explore all options and stated that he will contact
the school district, West St. Paul and Eagan about field use. He
pointed out that the school district is obligated to share the fields
within the district. He stated that Council is looking �t how it can
increase field capacity without spending a great deal of money or
going to a bond issue and must realistically look at what the options
are. He informed the audience that Council will not make a decision
tonight, and as far as he is concerned will continue in 1996 and into
1997 exploring the use of the fields that currently exist.
Councilmember Koch asked how many Mendota Heights children
play in programs offered by other communities. .
Dr. Norton responded that he can get the statistics for Council. He
stated that MHAA has joint efforts with West St. Paul, that Sibley
area fast pitch is done through West St. Paul but is mostly Mendota
Heights Girls, but that West St. Paul is unwilling to share its boys
hockey program. He informed Council that he is currently working
with Eagan and West St. Paul for a 90 foot field for the children over
age 13. He stated that all MHAA wants is more fields to play and
does not care where they come from.
Councilmember Krebsbach stated that she would be interested in
having Parks Project Manager Kullander doing a study on how
feasible some of the possible fields are.
Councilmember Huber asked how Council will continue. He stated
that Mr. Black made some good comments and has placed the onus
on MHAA and adult softball representatives to make a case. He
stated that Council has asked Dr. Norton for additional information
and some of that may spill over to adult softball. He volunteered to
work with Dr. Norton and the softball representatives to try to take
the information they have and try to help them put it into a
`
Page No. 19
July 2, 1996
presentation that would be more informative on how teams match up
with field sizes and how many children are at each age. He stated
that the loudest message heard this evening is that there has been no
case made for need.
Councilmember Krebsbach pointed out the importance of keeping
the MHAA a viable organization.
Councilmember Koch stated that it almost sounds as if Council is
disregarding the task force information but that is not the case. She
stated that Council is asking for factual information but must be
specific on what it is asking for. She informed the audience that just
because she would not vote for lights tonight does not mean she will
never vote for them. She stated that Council must get answers to the
very specific questions and must continue the dialogue.
Councilmember Smith stated that her disappointment is not with the
task force but that the process did not give Council a resolution to
the problem.
RECESS Mayor Mertensotto called a recess at 11:03 p.m. The meeting was
reconvened at 11:17 p.m.
Councilmember Koch was excused from the meeting.
SUBWAY OUTDOOR EATING Council aclrnowledged a memo from Administrative Intern Hollister
in regard to a request from Mr. Curt Heller, owner of the Mendota.
Plaza Subway, for authorization to place six tables with four chairs
each immediately outside of the Subway for his customers. Mr.
Heller was present for the discussion.
Mayor Mertensotto stated that when Ziggy's made the same request,
the issue was whether Council should consider amending the
shopping center's conditional use permit. He informed Mr. Heller
that Council instead granted Ziggy's a temporary, experimental
permit to a1Tow outdoor seating until October 15`�. He explained that
Council told Ziggy's owner that if there were any complaints or
there is any debris resulting from the outdoor seating, or if people
are not able to walk in front of the stores, Council would terminate
the permit. He asked how Mr. Heller's request would work out
physically and whether seating would be under the canopy.
Mr. Heller responded that the tables would be under the canopy,
about two feet from the edge of the sidewalk. He stated that people
will be able to walk on the sidewalk, as it is very wide. He informed
Council that the demand for outdoor seating is tremendous and that
Page No. 20
July 2, 1996
he did not want to provide outdoor seating because of the associated
problems, the pressure has been too great since Ziggy's has had
tables on the sidewalk.
Councilmember Huber stated that he has been at the Plaza several
times in the evening, and there are often a number of ta.bles open
outside of Ziggy's. �
Mr. Heller stated that there is a period of the day on Saturday when
there are many families with children who would use the outside
tables and also they would be used at lunch time. He explained that
the tables would be taken inside in the evening. He informed
Council that there are only 30 seats inside the store and they are
taken up over lunch time and additional seating is needed.
Councilmember Krebsbach asked Mr. Heller how he plans to
manage refuse, such as wrappings dropped outside. She stated that
refuse is a big concern.
Mr. Heller responded that he shares the concern and that he will
have to have people monitoring the area and picking up wrappings
that are dropped.
Mayor Mertensotto stated that if Council chose to grant the request,
Mr. Heller would have to agree to the same conditions that were
imposed on Ziggy's. He stated that Council would reserve the right
to revoke the permit, independent of the Ziggy's permit, if the city
receives any complaints. He explained that revocation of either
permit, Ziggy's or Subway's, would be independent from the permit
for the other. He suggested that Council could grant an
experimental, temporary permit to Subway with the same conditions
as Ziggy's and sunseting on October 15. He informed Mr. Heller
that he would have to understand that Council reserves the right to
terminate the permit upon complaint independent of whether the
Ziggy's outdoor eating remains.
Mr. Heller responded that he will do everything possible to keep
refuse to a minimum and will provide a trash container outside.
Councilmember Huber asked what the representation is on how
much walking space there will be between the tables and the
building.
Mr. Heller responded that the walking space would be between the
pillars and the tables, and the tables will be up against the building
as close as possible.
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Page No. 2I
July 2, 1996
Mayor Mertensotta pointed out that the ietter of agreement between
Subway and Faster Enterprises pernuts outdoor seating from May 1
#Iuaugh October 31 each year, but Council does not care what
agreement there is with Paster Enterprises. He stressed that the
permit would be granted on an experimental basis only and not an a
year-to-year basis.
Councilmember Krebsbach maved to grant a temporary
experimen#al pernut to Subway to allaw six tables outside of ihe
stare with the same conditions imposed on Ziggy's and witlz the
understanding thai Counczi can deal with the Subway permii
independent of the Ziggy's permit and that the permit can be
terminated separately on any vioiation af the canditions imposed,
Cauncilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 96-1. $, NSP Cauncil acknawledged an application from NSP for conditional use
permits for essential services and mining to allaw #he removal of one
ofthree existing transformers from the NSP substation near
Mendakota Park and ta add three capacitar banks and a confirol
house at the site, and to excavate and replace part of an e�sting
fence. Council alsa acknowledged an assaciated repart from
Adrninistrative Intern Hollister. The following individuals were
present an behalf ofNSP: Dave Caliahan, Pat Cline, Sheldon
Silberman and Joe Mansur.
Mayor Mertensotto stated that Council is mainly concerned about
the noise that is generated by the substation, and afurther that there is
na current restriction an haw many kilawatts NSP can aperate on
that Iine. He asked what the current capacity is.
Mr. Callahan responded that there are two voltages now, 69 kV to
the east, west and south, and 12 5 kV to the north. He informed
Cauncil that no line in the substation exceeds 115kV.
Mayor Mertensotto sta.ted that he has mentianed many times that the
city should adopt an ardinance to stipulaie thai NSP must notify the
city and the city must hold a public hearing if NSP intends ta
increase the kV. He stated that the school dist�ict is going to raise
its power poles twenty feet because of EMF and right now there is
no resiriction or reguirement for notification if NSP increases the
pawer.
Page No. 22
July 2, 1996
Mr. Callahan responded that to go from 115 to a higher volta.ge,
NSP would have to modify the lines because the existing lines will
not carry a higher voltage. He explained that the next step is 230
kV, and that NSP uses 115kV for all of its substa.tions in the metro
azea. He stated that lines that carry a higher voltage are region-to-
region lines.
Mayor Mertensotto asked what plan NSP has to replace the existing
towers.
Mr. Callahan responded that there are currently wood poles on the
site and one line is a"y" shaped structure that was an experiment.
He stated that the cost to rebuild lines is so expensive that NSP
would not replace them unless they are seriously deteriorated, and
unless the structures reach a point where it is felt that they are not
adequate they would not be replaced.
Mayor Mertensotto stated that there are some old poles coming in
from the west and there are two new ones that go across the
Mendakota. Park area, and the ones parallel to Wagon Wheel going
through Friendly Hills are very old. He asked how much more noise
will be generated at the substation.
Mr. Callahan reviewed overhead transparencies showing the location
plan for the substation. He stated that there are currently two 115kV
transformers and one 69 kV transformer at the substation and NSP
plans to convert the complete substation to 115 kV so that the 69kV
will be removed. He explained that there would then only be two
transformers, and that the 69 kV unit is the noisiest. He anticipated
that there would be a two dB reduction in sound. He stated that
three capacitor bank units will be added for stabiliza.tion and they do
not generate noise. He informed Council that the grade of the site is
not flat, so it is proposed that a sheet pile reta.ining wall be installed
and that the area be excavated flat to the fence. He sta.ted that the
115 kV line from the east terminates in one location and it must be
rerouted and terminated in from the north so three steel poles aze
needed. He explained that the three towers that will be installed are
directly related to rerouting the line.
Mayor Mertensotto asked where the power comes from. He also
asked if the proposed project will improve reliability of power for
Mendota Heights.
Mr. Silberman responded that the substation brings together several
lines and each is a source. He stated that NSP believes the service
Page No. 23
July 2, 1996
will be improved, as the proposed work is part of a project to
increase power transmission to a broad area.
Mayor Mertensotto asked what the decibel reading on site from the
transformers is now. He also asked what distance the 2 dB reduction
was from the source.
Mr. Silberman responded that readings have not been taken in the
substation, but they decrease with distance. With respect to distance
from the source, Mr. Silberman responded that NSP has submitted
readings from 12 sites as well as the high and low readings, and the
2 dB reduction is hypothesized from those points.
Mayor Mertensotto asked if the steel sheeting will be coated so noise
will not bounce of the wall.
Mr. Callahan responded that NSP is looking at just driving steel
pilings in a zigzag configuration and the sheet piling will not be
coated He stated that NSP does not feel that the wall will be a
contributing factor, but if the noise readings after installation show
that it does contribute to the noise level, NSP will resolve it. He
stated that NSP does not feel that the wall is significant in sound
reflection, but it will take after readings and will take remedial
action if the wall makes any contribution to the sound.
Mayor Mertensotto asked if it would not be better to treat the wall
before hand and whether NSP has any data. which would indicate
that there will not be noise bouncing off the wall. He pointed out
that there is no wall now and that steel is a hard surface that will not
absorb noise.
Mr. Silberman responded that the wall does not have any
opportunity to reflect the sound, as it is only 12 feet high and about
200 square feet of surface area. He stated that if it is found that the
wall amplifies the noise, NSP could put an acoustical deadening
material on the wall or install an acoustically treated wall in the
neighborhood of the transformer.
Mayor Mertensotto stated that there is a certain amount of sound that
comes from the substation now and pointed out that Mn/DOT puts
up sound walls to deaden the noise from concrete highways. He
asked what NSP's cost estimate if for remediation.
Mr. Silberman responded that he did not look into the estimate
because NSP does not feel it is necessary.
Page No. 24
July 2, 1996
Mr. Callahan stated that the noise readings were supervised by the
MPCA and there will be after readings. He further stated that NSP
must meet the MPCA criteria for thresholds and if NSP meets the
MPCA sound standards, that is all it can go by. He explained that
the MPCA has a procedure for measuring the sound, and that is what
NSP has used to make its projections. He stated that in addition, the
Planning Commission asked that NSP take readings within thirty
days after construction to insure that there is no problem, and if a
problem is detected NSP will take remedial action.
Councilmember Smith stated that it is one thing to have a level of
reading for an event and another to have a constant noise at a certain
level. She asked if there is a distinction in the PCA guidelines.
Mr. Silberman responded that there are two parts to the guidelines -
there is an L10 reading and an L50 reading. He stated that those are
da.y time and night time standards, that means that sound exceeds a
level 10% of the time. He stated that NSP has not provided the L50
readings because inore than 50% of the time the sound is level.
Responding to a question from Councilmember Smith, Mr. Callahan
stated that the readings were taken from twelve sites, and L50
readings were taken at each site.
Mr. Silberman stated that as you move north, the readings get lower,
and that it is heazd to get readings at the site because of all the other
factors, including all of the planes flying overhead. He explained
that the information provided to the city gives the highest reading
found and the lowest reading found at any of the sites.
Councilmember Smith pointed out that there are internuttent periods
where readings could be taken without noise from planes, etc.
Mr. Silberman stated that the PCA sets the guidelines on how
measurements are taken and NSP has no options.
Councilmember Smith stated that if the readings were taken over a
period of time there would be a greater disparity between the low
and the high readings. She also pointed out that at one point the day
time readings were 42 for a low and 53 for a high whereas they were
50 and 52 at night when fewer planes would be present.
Mr. Silberman responded that the night readi.ngs were taken at sites
3, 8 and 11 and the night time data was taken all night long at sites
that were deemed to be the most noisy. He informed Council that
the data. was presented to the city in summary form because that was
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Page No. 25
July 2, 1996
what was asked for, but it can be presented in a different fashion if
Council desires.
Councilmember Huber pointed out that there is one reading in the
west that appears to be out of compliance. He asked what NSP will
do if it is still out of compliance after construction.
Mr. Silberman responded that he feels that the screen wall on the
west side will give a 3 to 5 dB drop in addition to removing the
sound source from the transformer that will be removed.
Councilmember Huber stated that the readings are at the limit of the
PCA standard.
Mr. Silberman responded that the 52dB reading was taken one hour
out of the night.
Mrs. Jann Blesener asked how atmospheric conditions affect the
noise. She stated that sometimes the noise is more intense than
other times.
Mr. Silberman responded that the density of the air would have a
minimal impact on sound transmission, but wind is a factor.
Councilmember Huber stated that an L10 reading would be higher
but the neighbors are dealing with the noise level all of the time. He
further stated that the readings are barely in compliance with the
standards, and if readings were taken all of the time they would
probably not comply.
Mr. Silberman responded that the transformer produces a low
frequency sound which is very tonal, and at that frequency, for
instance at 848 Mendakota Court, the day time readings at 120 hertz
show the maximum reading of 40.5 dB.
Mayor Mertensotto stated that it does not make a difference if NSP
met the standard if it is obtrusive. He pointed out that NSP is going
to spend $4 million for the station, and it is being cavalier about the
noise. He informed the NSP representatives that Council hears
complaints about low grade sound level coming off of the substation
all of the time. He stated that there must be ways of diffusing the
noise, and that coating the steel wall would be the very minimum.
He stated that a positive attitude would be that NSP is going to do
everything possible to reduce the noise both in landscaping and
sound attenuation.
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Page No. 26
July 2, 1996
Councilmember Krebsbach stated that it would have been helpful to
have the readings by site.
Responding to a question from Councilmember Smith, Mr. Callahan
showed overheads on the location of the new poles. He explained
that NSP proposes to raise the berm where the transformers and had
talked about raising the other berm as well but fill would need to be
imported. He stated that it was felt that if NSP could trade the
berming for more trees and landscaping around the perimeter of the
substation, it would pursue entirely landscaping the wall on the west
side with plantings and arborvitae on the east side to equalize the
screening axound the substation. He further sta.ted that on the west
side, the landscaping gap will be closed to provide sound reduction,
and on the south side the berm will be extended. On the east,
arborvitae will be planted to close the landscaping gap and the 12
foot wall and screening on the south will give continuous screening
all around.
Mrs. Blesener sta.ted that there already is a wall, and she did not
think the new wa11 will be seen from the Eide Addition. She
informed Council that the wall can't be seen from that area now.
She stated that part of the reason the noise goes to the north and
northwest now is because it bounces off the existing wood wall.
Mr. Silberman stated that the highest point of the wall, at the
northeast corner, will be about 12 feet tall and will not be any higher
than the bottom of the existing fence. He explained that a chain link
fence will remain above the wall and the only place the sheet pile
wall will be visible, from the west, will be addressed with
landscaping.
Mayor Mertensotto stated that he is not satisfied that everything
possible has been done to attenuate noise.
Ms. Blesener stated that NSP has done a very good job with the
landscaping and berm, and the screen on the west will help reduce
noise to the west, but she was concerned that the residences to the
north and northwest will get noise over the wall. She further stated
that she did not know there would be such a noise impact when her
home was built. She did not think that NSP has done everything
possible to mitigate noise but that it is good to hear that perhaps
NSP can do something closer to the source if the steel wall does not
help.
Mayor Mertensotto asked if NSP used any outside acoustical
consultants.
Page No. 27
July 2, 1996
Mr. Silberman responded that NSP had an acoustical engineer, Dave
Braslau, speak to Ms. Blesener a number of yeazs ago, and Mr.
Braslau looked at a berming solution at that time between the north
and the substation. He informed Council that NSP also looked at
changing out the equipment but that was not economically feasible.
He sta.ted that NSP first made its proposal, it proposed to do more
than is required and has tried to be positive, and landscaping has
been improved at the request of the city.
Mayor Mertensotto responded that he feels Council should retain an
independent review to see what can be done about the sound. He
asked Administrator Batchelder to explore acoustical expertise.
Mr. Callahan responded that one thing NSP is up against is that it is
hying to convert the 15 kV so it can get meet the electrical demand
for the 1997 summer load. He stated that in order to do that, NSP
must get going on the revamp of the substation. He stated that it is
difficult for NSP, when its representatives feel they have met the
city's own standards and have added other things to improve the
sound emissions and still has to face a delay.
Mayor Mertensotto informed Mr. Callahan that Council is very
sensitive to noise. He explained the air noise impact and the impact
of freeway noise, and stated that perhaps the city's standaxds axe not
appropriate. He asked the NSP representatives to give Council the
opportunity to discuss all possibilities that might be economically
feasible to reduce the noise impact.
Councilmember Huber pointed out that NSP is currently failing the
standard at one location at night and close to failing the standards
overall.
Mr. Callahan responded that this is why NSP had MPCA assist them
so that there would be an independent review.
Councilmember Smith pointed out that on a collective basis,
Council must determine whatever noise impacts are realized and
Council's position must be in the best interest of the community.
Administrator Batchelder informed Council that the 60 day
application review ends on July 13, and if Council tables the matter,
the application must be extended to 120 da.ys based on additional
information requirements.
Ayes: 4
Nays: 0
Page No. 28
July 2, 1996
Councilmember Huber moved to extend the application to 120 days,
with direction to staff to determine the availability of an acoustical
engineer to review the plans.
Councilmember Smith seconded the motion.
Mr. Silberman asked for clarification on what additional information
Council wishes.
Mayor Mertensotto stated that Council is desirous of independent
review of the project, including other options for sound attenuation.
Councilmember Krebsbach stated that she would like a chart of the
readings comparing day and evening readings.
PERSONNEL Council acknowledged a memo from Fire Chief Maczko requesting
authorization to retain Diane Ward as Fire Department secretary to
train a successor and continue secretarial work until as replacement
is found.
Administrator Batchelder stated that Ms. Ward would like to be able
to assist Chief Maczko, but the city has a problem of keeping
someone as an employee after resignation. He stated that Diane
would like to stay on as an independent contractor.
Mayor Mertensotto stated that the city cannot accept a resignation
and then keep an employee on. He was concerned about continued
benefits and workers' compensation and other issues.
Administrator Batchelder suggested that since Ms. Ward's
resignation has been accepted, the city could hire her as a temporary
part-time employee without benefits.
Councilmember Huber moved to authorize staff to hire Diane Ward
as a temporary employee for up to ten hours per week for a period of
time not to exceed six weeks. "
Ayes: 4 Councilmember Krebsbach seconded the motion.
Nays: 0
NOISE TOUR Council acknowledged a memo from Administrator Batchelder
regarding a proposed joint CounciUAirport Relations Commission
bus tour of noise impacted areas.
Councilmember Krebsbach moved to conduct a special meeting at
7:00 p.m. on July 10 for Council to meet with the Airport Relations
Commission for the purpose of a city tour of noise impacted areas.
Councilmember Huber seconded the motion.
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Ayes: 4
Nays: 0
Page No. 29
July 2, 1996
EXCESS RIGHT-OF-WAY Mayor Mertensotto informed Council that he has spoken to Keith
Slater, Mn/DOT Right-of-Way Engineer, about the excess right-of-
way turn back for T.H. 55 and also the AT&T lease. He stated that
Mr. Slater indicated that he has received no official request.
Councilmember Huber moved to direct Administrator Batchelder to
notify Mn/DOT in writing that Council by motion has requested that
Mn/DOT commence action to turn back to the city the excess T.H.
55 right-of-way from Northland Drive to I-35E.
Councilmember Krebsbach seconded the motion.
Ayes: 4
Nays: 0
COITNCIL COMMENTS Councilmember Krebsbach stated that motorists are using Victoria
Curve as a shortcut and it has become very dangerous. She stated
that she recently saw a near-miss of a motorist who nearly hit two
children who were walking along the road. She felt that a trail along
Victoria Curve would alleviate the problems and avoid the potential
for someone getting injured.
Councilmember Smith responded that the problem is that the
frontage road is a through street now rather than just a road servicing
the neighborhood.
Engineer Mogan was directed to prepare a report on the cost and
feasibility of a pedway.
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: 12:45 o'clock A.M.
ATTEST:
Charles E. Mertensotto
Mayor
Kathleen M. Swanson, City Clerk
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CITY OF MENDOTA HEIGHTS
DAKOTA CUiTNTY, MIl�1NESt}TA
PA►I2I{S ANI} RECREATIQN C'OMMISSION 14IINC7TE5
JULY 9, 1996
The regular meeting of the Mendota Heights Parks and Recreation Commission was held
on Tuesday, Juty 9, I996, in ihe Large Conference Room at City HaII, 1101 Victaria
Curve. The meet'vng was called to arder at 6:3 5 PM.
The following members were present: Narton, Kleinglass, Spicer, Damberg, Liberacki,
and Linneli. Libra was excused from the meatin�g. A2st� present were Engineering
Technician Cxuy Kullander, Recreatian Programmer Chris Esser, and Administrativ� Intern
Patrick C. �Iollister,
APPROVAL OF It1IIlYLT'TES
Commissioner Kleinglass moved to approve the 7une 1 i, 1996 l��'inutes with corrections.
Commissioner Damberg seconded the mation.
AYES: 6
NAYS: 0
MHAA "BIE+'" Payment Proposai
Mr, Esser presented a ietter from Narm Gellerman, Execurive Director of the Mendota
Heights Athletic Association proposing arrangements far tlie rental payrnent af portable
toiiets an public and private fields within the City.
Mr. Kullander elaborated that this issue first came up four or five years ago, when the
MI�AA. requested that the City install portable toilets in nan-City-awned faciiities and
send M.�IAA `an invaice for #he casts. Mr. Kuitander continued that last year a bill for
1995 BIFs was sent io M�.iAA., to which they objected, and thus this issue is now up for
discussian again.
Mr. Kullander said that the cost of a single portable toilet was abaut $45/month. Mr.
Kullander added that since the City is currently paying for 16 portable toilets {11 in City
parks and one each at Sibley, St. Thamas, vsitation, Sommerset, and Mendota
Elementary) the cost far a single seasan for all 16 totaled about $30Q4/ye�ar.
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Commissioner Narton moved that the Parks and Recreation Committee recarnmend that
the Council authorize the following:
1. that MFiAA azad the City share the eosts of the BIFs on the three private sites of St.
Thomas, Ysitation, and St. Peter's Ghurch, and
2. that the City pay the full cost far BIFs at ISD 197 sites and City Parks, and
3. tha.t the MHAA should be required to pay the full cost of any additional BIFs the
M.�iAA requests €or special events such as tournaments. �
Commissioner Linnell seconded the motian
AYES: 6
NAYS: 0
VALLEY V.�W CROSS-CUUNTRY SKI TRAIL FEASIBIGTTY REPORT
Mr. Kullander presented two possible scenarios for cross-cauntry ski trails, ane at Saint
Thomas and ane in ilalley Park.
Mr. Kullander explained that St. Tltamas has the following views about a future trail on its
grounds:
1. St. Thomas wauld like the City to help fund the grooming of the trail.
2. Any City resident would be able to use the trail.
3. St. Thomas wauld be fully insured and would indemnify the City against liability for
that portion of the traii on school graunds.
4. The City vs�auld be welcame to advertise the tra.ii as a Ciiy trait.
Mr. Kuliander then discussed the second scenario, a cross country ski traii in Valiey Park
narth ofMarie Avenue. Mr. I�ullander explained that the Par 3 golf course was amenable
to the idea of a ski traii on their property, pravided that it did nai damage their tur� and
that this trail. would connect to trails in Valley Paz�k.
Cornmissioner Norton said that she would prefer a trail in Valley Park to a traal at St.
Thamas.
NIr. Kullander said that the Valley Park tra3l would cast about $45,000 for initial creation,
and abaut $3,000 ta $4,000 per year for maintenance. Mr. Kullander reminded the
: ._
Cammissian that although these figures may seem high, this is roughiy the same initial and `'-
yearly costs incurred by the City's tennis courts, which probably serve about the sarne
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number of peaple as would the ski trail. Mr. Kullander said that the cast of any ski trail
would be charged to the Sgecial Park Fund.
Cttauman Spicer directeti Staff to consuit with Comnussioner Nortan to further develop
the Valley Park Ski Trail concept and repart to the Pazks Commission in August.
FULL-T1ME RECREATION PROGRAMMER POSITION
Commissioner Norton requested that this item be added to the Agenda this evening.
Commissioner Narton e�lained that she felt the City needed a full-time recrea�ion
programmer in order to adequately serve the needs of our residents. Commissioner
Narton further stated that she £eIt this had been the consensus on the Parks and Recreation
Commission for quite some time.
Cammissioner Norton made a motion that the Parks and Recreaxion Carnmission request
that the Council appoint a fiu�l-time Recreation Programmer and allacate funds for that
position.
Gammissioner Damberg seconded the motion.
AYES: 6
NAYS: 0
[�1�7�I��
Siaffprovided updates on the foliawing items for the Parks and Recreatian Cammission:
* MI�[AA Tournament
• Basketball Pragram Funding
• Wentwarth Park Shelter(sj
• Valley View Park Half-Court Basketball
* St, Thomas Ski Course
• Ivy Falls Park
• Kensington Bid
• �ctaria Curve Trail
* Mendakota Lights Task Force
� NSP Substation
• Umpire Absence Reimbursement from 1995 Season
• Park Reservatian Policy
• New Middle School Soccer Field
+ Parks Report
• Police Report
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Commissioner Linnell asked Mr. Kullander to deternune if an additional ballfield could be
created at Mendota Elementary School, as well as one 90' field with parlcing at Friendly
Marsh Park.
Chairman Spicer asked Mr. Kullander to examine the possibility of creating ballfields in
Ramsey County Park in Lillydale, adding that it may be worth it even if they were
occasionally flooded.
Commissioner Linnell expressed regret that the New Middle School Soccer Field had been
reduced in size from the original plans to save more trees at the request of the neighbors
to the school. Mr. Linnell stated he felt this change was a"trade-offto benefit the
neighbors at the expense of the kids."
5-YEAR CAPITAL IlVIPROVEMENT PLAN
Mr. Kullander presented a 5-Year Parks Capital Improvement Plan for Commission
review.
Commissioner Kleinglass moved that the Parks and Recreation Commission recommend
that the Council adopt the 5-Year Capital Improvement Plan as proposed, with the
understanding that the Parks Commission may wish to recommend the additional
allacation of funds for a future ski trail at a later date.
Commissioner Damberg seconded the motion.
AYES: 6
NAYS: 0
ADJOURNMENT
Motion to adjoum made by Linnell and seconded by Kleinglass.
AYES: 6
NAYS: 0
The meeting adjourned at 9:00 PM.
Respectf�ully Submittec�
Patrick C. Hollister ���
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
AIRPORT RELATIONS COMMISSION
JULY 10, 1996
The regular meeting of the Mendota Heights Airport Relations Commission was
held on Wednesday, July 10,1996 in the City Hall Large Conference Room,1101
Victoria Curve. The meeting followed a special 7:00 o'clock P.M. City Council
Airport Relations Commission meeting tour of air noise impacted areas of
Mendota Heights and was called to order at 9:27 o'clock P.M. The following
members were present: Beaty, Fitzer, Gross, Leuman, Olsen, and Stein. The
following member was excused: Surrisi. The following members were absent:
None. Also present were City Administrator Kevin 6atchelder and Recording
Secretary Carla Wirth.
APPROVAL OF MINUTES
Commissioner Leuman moved approval of the May 8,1996 minutes.
Commissioner Olsen seconded the motion.
AYES: 6
NAYS: 0
DISCUSS NOISE ABATEMENT
DEPARTURE PROFILES
Batchelder reviewed that at the June 25,1996, MASAC Meeting, they again
considered the recommendation from the MASAC Operations Committee that
"Close-In" departure procedures be used only for departures off 29L and 29R
over Minneapolis. All other runways would continue to use the "Distant"
departure procedure. However, MASAC did not act on this recommendation at
their May or June meetings and carried it forward for further consideration
since there is concern over the data used for population and household counts,
as well as other concerns by surrounding communities.
Batchelder reviewed that at the June meeting, the Airport Relations
Commission had directed staff to assist Councilmember Jill Smith in her
meetings with MASAC. Tomorrow they will meet with MAC representatives to
look, in detail, at population and household counts. It is hoped this will enable �__
the determination of the accuracy of the data and result in being more precise -
about the affect of the proposed departure profiles.
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Beaty commented on the different departure procedures and benefit received
when planes get to a higher altitude more quickly. He inquired regarding why
this has not been seriously discussed. Olsen stated it may be an issue where
the airlines are concerned with cost. Fitzer stated he does not know how much
additional fuet it would take, but maybe it has not been considered because the
population towards Minneapolis is higher than over Mendota Heights.
Beaty asked that this question be posed to MASAC. 6atchelder stated he would
do so and advised that Eagan considered a�resolution in support of Close-In
Departures.
DISCUSS MENDOTA HEIGHTS
AIRPORT PLAN OF ACTION
Batchelder reviewed the prioritized Topics of Interest list and the two changes
made since the last meeting to the Air Noise Plan of Action. He adv`sed the
follow up letter to the FAA was addec� and is almost ready but the FAA said they
would not be able to address this issue for two months. This letter will also be
copied to Mendota Heights' congressmen and legislators. Batchelder noted the
second revision on page 7, a date was added to invite legislatures to attend a
meeting in December/January.
Batchelder advised that due to scheduling co�flicts, the Airport Plan of Action
will not be presented to the City Council until August 20,1996. Therefore, the
Airport Relations Commission will have the opportunity to review it at their
August meeting, prior to Council presentation.
The Commission complemented staff on their preparation of this presentation.
DISCUSS NOISE MITIGATION
COMMITTEE AND CITY EFFORTS
Batchelder reported the MSP Mitigation Committee met again on June 26,1996,
at which time Inver Grove Heights, Eagan, Minneapolis, and St. Paul gave their
presentations on Noise Mitigation. He noted their agenda, discussion outline,
and chart detailing different city's positions expressed before the MSP
Mitigation Committee. He pointed out under the operational column, that four to
five cities have brought forward the issue of equitable distribution of air noise.
He suggested that the Runway Use System is outdated and needs to be
updated.
Beaty urged members to read the Mendota Heights Position Statement which .__
was presented in June to the MSP Mitigation Committee. He noted it does
include the suggestion to modify runways but he supports adding, as Eagan did,
to require four miles for landing to avoid "cut ins" during non-busy time
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periods. Beaty stated Mendota Heights may want to determine their position
regarding that issue.
Batchelder advised he met with Eagan staff to estabiish issues which ati cities
agree on. Hopefuliy at August meeting, a coalition list will be ready to discuss
with [?akota County to seek their support.
Gross inquired regarding the future impact of the global positioning satellite
systern (GPS). Batcheider expfained that GPS is capable of pinpointing and
getting airplanes ta track. Currentiy, the airport utilizes a straight lineup for
arrivals and Mendota Heights wants to avoid the need for a turning movement
for arrivais. Gross questioned whetl�er, if this is the way of ihe #uture, Mendota
Heights should fight it or, perhaps, it would be better to campromise on that
position to gain something etse.
Fi#zer expressed concern with an air pattern sa close that it resuEts in a sharp
arrival. He agreed #hat the GPS technology would allow this but he e�uestions
how the airline intends to utilize it� Fi#zer painted out the airlines will be able to
have a tighter area of impact which may save them money.
Gross questioned the s#rength of #he cammunity's position. Batchelder agreed
this is why communities need ta reach a coalition statement and gain assistance
from Dakota County. He noted that Mendota Heights has not had this
opportunity before, to submit information before the MSP Nlitiga#ion Committee
and cautioned there may not be another such opportunity for some #ime. He
emphasized the data on the chart and stated he is encouraged about the
indication from MAC that operational changes can be beneficial.
Since technology is available through GPS to have a five mile turn-in, Fitzer
suggested it may be to Mendo#a Height`s advantage to start discussions now so
there will be no planes allowed to turn in within ten miles, or five mile fittal.
Leuman questioned #he issue of using north/south runway and suggested it be
brought up.
8atchelder naied Eagan's Noise Nli#igation Program indicates there would be
100°/a federal PART 150 participation for noise abatement the within 60 ONL,
then the next area woutd receive a 50150 split, etc. He hoted this plan
incorporates a phased level of benefit, not such a severe cutoff line between
areas. Beaty agreed it is more of a phase-out pian.
UPDATES
5a. REVIEW NON SIMULTANEOUS DEPARTURE PROCEDURES
No comment.
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5b. REVIEW BACKSLIDING AND NWA FLEET CONVERSION PLAN
Batchelder explained that he was in the process of preparing a letter to
MAC regarding backsliding butthe Stage 111 Report, recently given to the
MSP Committee, indicates the percentages are not as bad as thought.
Batchelder advised that the agreement NWA has with MAC is for no
backsliding on a earl basis, not month-to-month, and that their use of
Stage I II at this airport will be no less than their fleet mix nation-wide.
However, this is difficult to calculate because of how their airplanes are
used (long haul).
Batchelder suggested sending a letter to Jennifer Sayers (who works
with public information for NWA) requesting that this percentage data be
prepared separately for NWA since they are the only airlines which has
agreed not to backslide. Also, this will put NWA on notice that Mendota
Heights is watching their fleet mix. Once this information is known, the
City can decide if a letter should be sentto MAC regarding backstiding.
Consensus was reached to concur with 6atchelder's suggestions.
ACKNOWLEDGE RECEIPT OF
VARIOUS REPORTS/CORRESPONDENCE
6a. The Commission acknowledged receipt of the MASAC Agenda for June
25,1996 and May 28,1996 Minutes.
6b. The Commission acknowledged receipt of the MASAC Technical Advisor's
report for May,1996.
6c. The Commission acknowledged receipt of the MASAC Complaint
Summary for May,1996.
6d. The Commission acknowledged receipt of the MASAC Corridor Gate
Penetration Analysis for May,1996.
6e. The Commission acknowledged receipt of the Ai�port Noise Reportfor
May 27,1996.
Olsen commented on page 78 which shows the dollar amount that
different cities spend for various noise mitigation features such as blast
fencing, noise berms, vegetation and plantings, and questioned whether
the Minneapolis Airport is "up to speed" on noise attenuation or if more f--
could be done in that regard. Batchelder stated he will follow up on what
has been done to abate ground noise.
4
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6f. The Commission acknowledged receipt of the Part 150 Buyout Update -
Issue 30.
6g. The Commission acknowledged receipt of the Gity of Eagan - ARG Agenda
for July 9, 'i 996.
6h. The Commission acknowledged receipt of the SunCurrent Article of June
19;199f, on Sound Insulation.
6�. The Gommission acknowledged receipt of #he Eagan Corridor Resolution.
fij, The Commission acknowtedged receipt of the Airpo�t Fact Sheet 1 Q6 -
Overview of MASAC.
6k. The Commission acknawledged receipt of the National Helicopter Noise
Goalition Newsfetter.
4THER COMMENTS OR CONCERNS
Batchelder displayed a colored copy of the cornmunity survey which was
prepared by a consultant for the M8P Committee. He reviewed ihe quesiians
posed to residents and the responses given. It was noted that the most
common response was the need for a free #ime period during #he day when
residents are not annoyed by airplanes. The second most common response
was the desire for fewer planes,
The Commissioners thanked Stein for obiaining the school bus which was used
for the tour of air noise impacted areas. Batchelder indicated he wili draft a
letter of apprecia#ion for the Mayor's signature whiah wit! be sent to Stein`s
supervisor.
ADJOURNMENT
There being no further aomments, the Airport Relations Commission
moved to adjourn its meeting at 10:07 p.m.
Respectfully submitted,
Carla M. Wirth
Recording Secretary
TimeSavar Off Site Secretarial
5
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CITY OF MENDQT�1 HEIGHTS
TREASURER`S REPORT� JUNE 1996'��
DAKOTA. I N C.
Checking Accaunt 1,05%
Savings Rccaunt 2.'! 5°l4
C.D, Rep. 3.00%
Collatera! - Bonds
Gov't. Guar.
CHEROKEE STATE BANK
Saving Gert. 8/22196 @ 3.fi3°lff
Collateral - Bonds
Gov't. Guar.
LaSalle Bank CD 511217°l0
FHLMC 7.23% 12/97 FBS 6.40°/a
FNMA fi.18°l0 12199-96
FHL Mtg. Pool 8% (PRU)
FM�.0 7°lo Mtg. Pool {PRU}'PAC
FMLG 6 1/4% Mtg. POoI.(I�RU)
FNMA 6°lo Pool {PRU}
FHLMC 6% Po01 @ 101.4375 (PRU)
FNMA {1994 Pooi) 6 i12°I4 {PRU}
U.S, Treasury Money Mkt. (FBS)
Gav't. Securities Fund
Zero Cpn T.Bds 7.9% - 2011 (J&M)
PRU Gav't Sec Fd
TOTA� FUNDS AVAI�AB�E
Funds Available 12/31195
Funds Available 6/30/95
Rates Money Market
Apr 3U Bank 2.85°l0
�ay 30 FBS 5.18%
LES:kkb
BALANCE
$20, 248.70
$593.61
o.oa
$2Q,$42.31
�t �f �i� f�
�. �� ��� ��
$13,�52.59
$13,952.59
�, r� ��� ��
�� ff �f� �f
$95,000.�0
$500,Op8.00
$500,0t}8.00
$223,277.04
$484,204.�5
$396,442.29
$503,'180.34
$240,936.57
$263,522.3{}
$1,437,045.81
��,oa2,�7o.oa
$197,530.00
$420.00
$5, 874, 839.70
$7,895,846.39
$5,1 Q7,218.65
COLLATERAL
��,�� ff+� �r
$6QO,OQQ.00
Value 5-30-96 _ est}
FIRE CALLS NO.
MENDOTA HEIGHTS FIRE DEPARTMENT
JUNE 1996 MONTHLY REPORT
961 19 - 96148 NUMBER OF CALLS:
'IRE ALARMS DISPATCHED:
ACTUAL FIRES
Structure - MH Commercial
Structure - MH Residential
Structure - Contract Areas
Vehicle - MH
Vehicle - Contract Areas
Grass/Brush/No Value MH
Grass/Brush/No Value Contract
MEDICAL
Assist
Extrication
HAZARDOUS SITUATION
Spills/Leaks
Arcing/Shorting
Chemical
Power Llne Down
FALSE ALARM
Residential Malfunction
Commercial Malfunction
Unintentional - Commercial
Unintentional - Residential
Criminal
GOOD INTENT
Smoke Scare
Steam Mistaken for Smoke
Other
MUTUAL AID
TOTAL CALLS
LOCATION OF FIRE ALARMS:
MENDOTA HEIGHTS 27
MENDOTA 0
SUNFISH LAKE 3
LILYDALE 0
OTHER
TOTAL 30
WORK PERFORMED HOURS
FIRE CALLS 489.5
MEETINGS 58
DRILLS 124
WEEKLY CLEAN-UP 31
SPECIAL ACTIVITY 6
ADMINISTATIVE 0
''RE MARSHAL 63.5
TOTALS 772
NUMBER
5
1
2
1
4
2
STRUCTURE CONTENTS
30
MISC. TOTALS TO DATE
$0
$72,000
$0
$2,500 $25,300
$0
TOTAL MONTHLY FIRE LOSSES
$0 $0 $2,500
FIRE LOSS TOTALS MENDOTA HEIGHTS
ALL FIRES, ALL AREAS (MONTH) $2,500 $97,300
MEND. HTS. ONLY STRUCT/CONTENTS $71,500
MEND. HTS. ONLY MISCELLANEOUS $25,80�
MEND. HTS. TOTAL LOSS TO DATE $97,300
BILLING FOR SERVICES
AGENCY THIS MONTH TO DATE
5 MWDOT $0
MILW. RR $0
CNR RR $0
30 OTHERS:
$0
TO DATE LAST YEAR
TOTALS: $0 $0
132 104
1 4 FIRE MARSHAL'S TIME FOR MONTH
9 6
6 5 INSPECTIONS
0 4
INVESTIGATIONS
148 123
RE-INSPECTION
TO DATE • LAST YEAR
MEETINGS
2619 2522
387.5 401.5 ADMINISTRATION
916 1145
203 214 SPECIAL PROJECTS
635.5 542
0 0 TOTAL
450.5 483.5
5211.5 5308 REMARKS: SEE OTHER SIDE FOR SYNOPSIS
�
e
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2.5
25
7
63.5
SYNOPSIS
The department responded to 30 calls during the month of June. The most
significant call involved a lightning strike at 2305 Apache Street. Upon arrival, smoke was
visible from ihe roof vents and eves. Fire was in the attic area. and also affected the
electrical wiring throughout the home.
TRAINING
CleanuplSquad Drill
The squad drill involved the operation of drafting water from porta.ble water
supplies. Crews set up the drop tank, and then improved their efficiency of engineering the
trucks.
Monthly Drill
The monthly drill involved single engine operation. This involves the use of just
one fire truck on a fire scene. This may occur duruig a natural disaster or under other
conditions.
�
Ft�?� DEPARTMENT MCINTHLY W4RK PERFCRMANCE FOR JUNE 1996
CALLS FOR MONTH FIRE FIRE FlRE PERCENT CLEAN MONTHLY GEN OFFICER SQUAD SPECIAL
30 CALLS CALi. CALLS ATfENDED UP DRtLL MTG MTG DR�LI ACL
YEAR TO DATE ATT'D HOURS Al?'D THIS 1 2 2 2 2 1 ADM
148 MONTH MONTH YEAR YEAR HOURS NOURS HR3. HOURS HOURS HOURB HOURS NRS
Addan, Ed 9 i0.5 69 4796 1 2 2 2
Blaeser, Bret 15 15 108 73% 2 2
Brennan, Mike 12 12.5 50 34% 1 2 2
Caates, Aaron 17 11.5 56 38% 1 2
Connall , i�lareus 18 20 ?2 4996 1 2 2 2
Caonan, Mike 10 11.5 45 30% 2 2
Dreetan, David i0 i1.5 ?0 479b 1 2 2 2 i
Dreetan, Paut 7 8 79 5396 1 2 2 2 1
Fi�nning, ScxitE 13 15 67 A5% 1 2 2 2
Husnik, Ted 12 13.5 46 31% 1 2 2 2
Kafzenmaier. Ron 19 27 85 5796 1 2 2 2
Kaufmann, Mark 1 1 A4 3096 1 2
K'siburg, Jim 17 18.5 ?5 51% 1 2 2 2 1
Kin sle , Ro 19 21 102 6996 1 4 2 2
Kiarkowski, Walt 5 5.5 32 2296 # 2 2 2 1
Lapakko, John 16 17 88 5996 1 2 2 2 1
Letbs, Jamie 24 22 84 57% 1 2 2 2
Lowe, George 26 28 90 61% 1 2 2 2
Maczko,John i6 37 8T 4596 1 2 2
Maczko, Mike 15 16 7i 5296 1 2 2 2
Namara, R 1U tU.S 42 28% 2 2
�aetson, Geratd, Jr. i8 19 iQ3 7096 1 2 2 2
Neska, John 2 3 42 28% 1 2 2
Otund, Tom 4 5 46 31% i 2 2
Oster, Tim i 1 i 2 64 A3% 1 2 2 2
Paton, Dave 16 i7.5 76 5i% 1 2 2 2
Perron Jim 13 14 67 45% 1 2 2 2
Percon, Kevin 5 5.5 A8 32°h 1 2 2 2
Shields, Tom 12 13.5 68 46% 1 2 2 2
Skjetven, Gosdy 21 22 78 53% 1 2 2 2
Ste1n, Ke'itlt 14 i6 82 5596 1 2 2 2
Stenhatsg, Jefi 10 11.5 64 43% 1 2 2 2
Weinzettel, 7om 17 17.5 53 36% 1 2
Weisenbur er, Ken i3 #4 S6 4596 ! 2 2 2 1
Zwim, D'ick 11 12.5 68 4496 2
TOTAL FOR MONTH 489.5 TOTAL ATTENDED 31 31 29 0 31 #DIV/0! 6
T07AL FOR YEAFi 2&19 TOTAG MAE�f Fi0UR5 3i fi2 58 4 62 0 & 0
THtS MONTN l.AST MONTH �AS'i YEAR
AVE. RUNS/MAN 14.00 XXXXXXXXXX XXXXXXXXX
RVE. MENtFillN 14.93 17.13 37.37
A� % FOR YEAR a''0.04 50.90 54.76
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CITY OF MENDOTA HEIGHTS
MEMO
7uly 10, 1996
�
TO: Mayor, City Council and City � ator
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: US West Henry Sibley High 5chool Antenna Agreement
Discussion
Attached is the signed copy of the Development Agreement between the City of Mendota.
Heights and US West for the use of Sibley H'igh School for cellular equipment. Please see
also the cover letter provided by 7aymes D. Littlejohn ofHessian, McKasy & Soderberg,
representing US West. The bulk of this agreement addresses the prevention of
interference with other communications.
Action Required
� Acknowledge the signing of this Development Agreement between the City of Mendota
Heights and US West.
. ,.
LAW OFFICES
HESSIAN, MCKASY 8L SODERBERG
PROFESSIONAL ASSOCUTION
Minneapolis • SaintPaul • Washington, D.C.
4700 IDS Center
80 South Eighth Street
Minneapolis, Minnesota 55402-2228
(612) 330-3000 Facsimile 371-0653
July 9, 1996
Mr. Patrick Hollister
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Jaymes D. Littlejohn
(612) 330-3003
Re: MINSUNFISH - Site Plan and Development Agreement
Dear Mr. Hollisfer:
Enclosed with this letter is the fully executed original Site Plan and Development
Agreement regarding the above site. As I understand the conditional use permit, a building
permit can now be issued, as long as plans which are consistent with our application are
approved by the inspections department.
If you would like to discuss this further, please contact me at your convenience.
Sincerely,
HESSIAN, McKASY & SODERBERG, P.A.
aym� . ittlejohn
JDL/jma
Enclosure
cc: Kent Sticha (w/o enclosure)
Bob Davis (w/o enclosure)
108148-1
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mi�����►s � �RlG�NAL
SITE PLAN AND DEVELOPMENT AGREEMENT
This Agreement is made and entered into effective as of this 18th day af June, 1996, by
and between the CITY UF I�lENDQTA HEIGHTS, a Minnesota municipal corporation
(the "City"), and Minneapolis SMSA Limited Partnership doing business as US West
Cellular and all of its successors ar heirs {"CTS West"}.
RECITALS:
WHER�AS, US West has been approved to place cellular apparatus on the roof of
Henry Sibley Seniar I�'igh School,
NOW, THEREF4RE, in consideration of the mutual covenants, promises and
obligations of the parties hereto set forth herein, it is hereby agreed as follows:
l. City Approvals: Subject to the terms and conditions ofthis Agreement, the City
hereby grants a Conditianal Use Pernut to US West for the placement of cellular
equipment on the roof of Sibley i�igh School.
2. Approved Plans: US West agrees that its cellular apparatus to be erected and
operated at Henry Sibley High Schaal sha11 be developed, constructed, used and
maintained in accordance with the drawuzgs, plans and documents contained in the City's
Planning File No. 96-12 (collectively, the "Appraved Plans"):
There shall be no material changes in the Approved Pla.ns without the prior written
consent af the City. Upon completion of the installation of the cellular equipment, US
West shall certify in writing to the City that the cellular equipment has been developed and
canstructed strictly in accardance with the Approved Plans.
US West agrees ta construct the Project, subject to the terms and eanditions set forth
herein and in Appendi�c, strictly in accordance with the Approved Plans.
3. Maintenance: US West shall properly maintain the antenna equipment and
penthouse e}cterior for aesthetic and safety reasans.
4. R.adio Frequency Interference
a. In the event US West's use af the Premises is areasonably believed by C'ity to be
causing radio frequency interference ("Interference"�, US West will upon notzce as
provided in Paragraph 4(b) below by City to US West, conduct investigations and testing
as necessa.ry to determine if US West's Antenna Facilities are causing such interference
(hereinafter refened to as "Testing"), City may, in its notice to US West, include a
rec�uirement that City or its representative be present at all on-site testing and US West
shall conduct such Testing in accordance with said request, subject to paragraph 4(d). If +.
Interference cannot be eliminated within two business days of the receipt of said notice
from City to US West, then US West sha11 discontinue transmitting on those frequencies
which City believes to be causing interference except: (1) if US West is able to reasonably
demonstrate to City's satisfaction, which satisfaction shall not be unreasonably withheld,
that said frequencies are not causing or materially contributing to Interference or; (2) for
purposes of 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 the Conditional Use Pernut to the contrary
notwithstanding, any notice by City to US West of Interference that City reasonably
believes to be caused by US West shall conform to the following requirements: (1) such
notice shall be sent by facsimile transmission, hand delivered or delivered overnight mail
where a signature is required for the receipt thereof, (2) receipt of such notice will be
considered that time at which US West 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 and of the nature and times of the Interference, the
frequency of US West reasonably believed to be causing Interference, and a statement
describing the basis of said belief.
c. Except as provided herein, if City notifies US West as provided in
Paragraph 4(b) above of radio frequency Interference which is not eliminated or shown
not to be caused by or materially contributed to by US West's frequency within thirty (30)
days of said notice, then City may terniinate this Conditional Use Permit without further
obligation by either party.
d. In the event Testing requires access to and use of the equipment of other
users of the Property or the presence of City as provided in Paragraph 4(a) above, City
agrees to coordinate such cooperative efforts as are reasonably required for US West to
secure same. The time limits for US West's discontinuance of frequency use in Paragraph
4(c) above shall be extended as necessary to secure said cooperative efforts and to the
same extent as any delay in securing same. •
e. In the event US West clearly demonstrates the primary cause of
Interference to be the equipment or property of City or of another user which is (1)
malfunctioning, (2) functioning outside of its manufacturer's specifications, (3) does not
meet FCC rules, regulations, or guidelines, or (4) does not comply with the Site Standards
(said equipment being hereinafter referred to as "Defective Equipment"), US West shall
not be obligated in any way to discontinue use or operation of its Antenna Facilities or
frequencies. In such event US West 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 Defective Equipment, nor to conduct further testing or �
2
investigations at its own expense, nor be held further obligated under or in default of this
Paragraph 4, whether or not interference continues.
f. In the event US West clearly demonstrates that said Interference could be
eliminated by the modification of City's or another user's equipment andlor appurtenances
thereto which do not fa11 under any of the categories in Paragraph 4(e) above and which
were placed into service before US West began transmitting on the frequencies causing or
materially contributing to said Interference (hereinafter refened to as "non-Defective
Equipment") US West shall, at its option, either (1), permanently discontinue use of its
frequency so causing or contributing or (2), modify said Non-Defective Equipment at US
West's expense with the consent of the City and/or other user. City's consent will not be
unreasonably withheld and City will use reasonable efforts to contain the consent of any
other users.
g. In the event US West reasonably deternunes that Interference is caused or
materially contributed to by the condition or configuration of property or materials not
owned or operated by US West which are also not considered radio equipment or any
appurtenance thereto, US West shall not be obligated to modify or repair said property or
materials or to discontinue use of US West's Frequencies. However, if US West'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 US West's Frequencies being placed into service,
then US West shall be obligated to discontinue use of those of US West's Frequencies so
contributing, provided said discontinuance causes the substantial elimination of
Interference.
h. In the event US West reasonably deternunes US West's Frequencies are a
component of Interference, which Interference is also materially contributed to by another
user's equipment or frequency which has been installed, altered, repaired, or modified in
any way that is responsible for said material contribution and said installation, alteration,
repair or modification was done subsequent to US West's Frequencies being placed into
service, US West shall have no obligation under this paragraph 4, or for modification of its
own Antenna facilities or their use, or to modify the equipment of other users and shall not
be considered in default of the Conditional Use Permit even if Interference continues.
Provided that, notwithstanding any other provisions of this Conditional Use Permit, if
another user (other than another Cellular telephone company) whose equipment, antenna,
or frequency was installed, altered, repaired, or modified in any way, subsequent to the
date of this Conditional Use Pernut e�eriences or causes interference to or from US
West's equipment, antenna or frequency and the other user has observed all of the site
standards and has taken all practical measures to eliminate the interference, US West will
cooperate with the City to insure that the other user may continue to utilize the school site
and be a source of revenue for ISD 197 by discontinuing the use of US West's frequency
that is causing or receiving the interference and utilizing one of the other frequencies US
West has available, or by taking such other remedial action as might be necessary to `"�
permit the other user to remain a Lessee of ISD 197 as long as any affected Lessee, other
3
T
than the City of Mendota Heights pays for the cost of such change and US West's rights
and operations do not suffer any material adverse impact provided this clause shall not
apply to the City of Mendota Heights as a user of the site.
i. Any provision of the Conditional Use Pernut to the contrary
notwithstanding, US West shall not be obligated to modify, replace, repair or alter the
equipment of another FCC licensed provided of Cellular Telephone Service whether said
equipment is Defective or non-Defective, provided that this paragraph 4(n does not
relieve US West of its responsibility to eliminate Interference as otherwise provided
herein.
j. City warrants that it will exercise its best efforts to insure that any future
companies providing FCC licensed Cellular Telephone Service share equally with US
West in the burden of elimination of interference as provided herein.
k. Except as provided in this Pazagraph 4, US West shall have no obligation
nor be held in default of this Conditional Use Pernut for reason of or relating to radio
frequency interference.
5. No Waiver: No remedy being conferred upon or reserved to the City or US West
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
deny or omission to exercise any right or power accnung upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be deemed expedient.
6. Except as otherwise expressly provided for in this Agreement, a notice, demand or
other communication by either party to the other party hereunder shall be sufficiently
given or delivered if it is dispatched by registered or certified mail, postage prepaid, return
receipt requested, or delivered personally, or sent by facsimile, as follows, or to such other
address as such party shall advise the others in writing as hereinafter set forth from time to
time.
(1) If to the City, to:
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Attn: City Administrator
(612) 452-1850 Fax: 452-8940
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(2) If to US West, to:
US West NewVector Group
Rea1 Estate and Construction Mail Stop 581
3350-16 lst Ave SE
Bellevue, WA 98008-9211
7. Indemnification. US West agrees, that anything to the contrary herein
notwithstanding, the City and its agents, offcers, council members, employees and legal
counsel shall not be liable or responsible in any manner to US West, its contractors,
material suppliers, laborers, or to any other person or persons whatsoever, for any claim,
demand, damages, actions or cause of action, of any kind or character arising out of or by
reason of the execution of this Agreement, the transaction contemplated hereby, the
acquisition construction, installation, ownership and operation of the Project, or any public
improvements relating thereto. US West will indemnify and save the City harmless from
any and all claims, demands, damages, actions or causes of action, or the cost of
disbursements and the expenses of defending the same, specifically including, without
intending to limit the categories of such costs, costs and expenses for City administrative
time and labor, costs of engineering and planning services, and costs of 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 claims or damages are caused solely by the negligence or willful
acts of the City, its agents, officers or employees.
8. Governing Law. The City and Developer agree that this Agreement shall be
governed by and construed in accordance with the laws of the State of Minnesota.
9. Successors and Assigns. The covenants, duties and obligations of the parties
hereto shall run with the appazatus and shall be binding upon the respective heirs,
successors and assigns of the respective parties hereto.
10. Severability. If any provision of this Agreement be found invalid due to State or
Federal law, such a finding shall not invalidate other provisions unless so specified.
t __
• �� r•►.�
Pursuant to the Development Agreement dated May _, 1996, between the City of
Mendota Heights, a Minnesota Municipal Corporation (the "City") and U. S. West New-
Vector Group, Inc., a Washington Corporation ("US West").
CITY OF MENDOTA HEIGHTS
CELLULAR ANTENNAE SITE STANDARDS
1. Unless housed in a separate solid walled, closed room dedicated to a single user,
all equipment must be housed in an 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 devices or receivers will not
be guaxanteed freedom from radio frequency interference.
3. Many manufacturers provide receivers options for ma.intaining narrow receive
bandwidth. These devices, typically crystal filters, will be used whenever necessary to
eliminate interference problems caused by overload.
4. At least 60db of isolation for 440-4701VIHz 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 isolation prior to installation and operation.
5. Maximum transmitter power allowed into the antenna feed line will be 110 watts
per transmitter provided that maximum effective radiated power (ERP) will be 500 watts.
EXCEPTION: Higher power levels will be considered on a case by case basis.
Additional protective devices may be required.
6. Only jacketed copper Heliax cable will be pernutted for transmission line at the
site. All on-site intercabling must use RG/9, RG/142, RG/214, 1/2 inch superIlex or
equivalent. RG/8 or any other single shielded cable will not be allowed. All outside
connections must be kept weather tight at all times. All connectors will be N-type or EIA
whenever possible.
7. All transmitters must have band-pass cavities that will provide at least the `'�
following attenuation of side bank noise:
C�
30-50 MHz band:
140-170 MHz band:
440-470 MHz band:
800-920 MHz band:
15dBatlMHz
15 dB at 1.5 MHz
15 dB at 2.5 MHz
20 dB at 10 MHz
EXCEPTION: Requirements for transmitters outside of these bands will be
considered on a case-by-case basis.
8. Each cabinet must be identified by the owner's name, address and FCC station
license. It must also have the name and telephone number of the responsible service
agency.
9. Each user will inform the City of all receive and transmit frequencies in use at all
times. Any changes in frequency use or modification of any kind of equipment will be
reported to and approved by the City at least 10 days prior to the change. Where it can be
demonstrated that there is a strong likelihood such frequency use will result in an
interference problem, testing of that frequency use prior to its actual operation may be
required by the City.
. ,.
7
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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.
CITY OF MENDOTA HEIGHTS
SIGN:
�� � ����
Charles E. Mertensotto, Mayor
ATTEST:
.�'z�,.�/l'l ��u���—�
athleen M. Swanson, City Clerk
MI,�TNEAPOLIS SMSA LIlVIITED
P TNERSHIP, By; U S WEST NewVector
Gr u,� Inn ,�i t,� successor i n i nterest
� (I �
By:
Its:
Technical Senrices Manag�r
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� YY � ►�151►I1.1 a :1 :Yh
TO: Mayor, City Council Members, City A
FROM: Chris Esser, Recreation Programmerr�
RE: BIF Portable Toilet Payment Fmm Mendota Heights Athletic Association
DATE: 7uly 11, 1996
At the 7uly 9 Park Commission meeting, the issue of MHAA payment for the portable toilets
placed at public and private fields within the City was presented.
T'he City is curnently paying for 17 portabl� toilets. 11 are located in City parks, and one per
location at Sibley High School, St. Thomas Academy, Visitation, Somerset Elementary,
Mendota Elementary, and St. Peter's Church.
MHAA proposes sharing payment of the� portable toilets located at the private sites of 5t.
Thomas, Visitation, and St. Peter's Church with the City. They also request that the cost be
itemized and deducted from the T Ball subsidy they receive from the City aad be effective
beginning in 1997.
I have attached the request letter submitted by Norm Gellerman, MHAA Executive Director
(see atta.ched).
I; 1 ►�I►i1�.11 : Y � ►
The Parks and Recreation Commission unanimously recommended that the Council authorize
the following:
1. The MFiAA and the City share the cost of the portable BIF toilets on the three private sites
of St. Thomas, Visitation, and St. Peter's Church, and
2. The City will pay the full cost of the portable BIF toilets at ISD 197 sites and City Park
sites, and
3. The MHAA will be required to pay the full cost of any additional BIF toilets requested for
MHAA speciai events, such as tournaments.
AC'TinN RF.(1TTiRF,n
�
If the City Council chooses to follow the recommendation of the Parks and Recreation `-
Commission, they will approve the payment schedule listed above as items 1-3 for the portable
BIF toilets at the public and private fields within the City, effective 1997.
`
June 27, I996
Mend�ta Heights Athletic Association
Mr. Chris Esser
Recrea,tion Programmer
City of Mendota Heights
11Q1 V'ictQria G�rve
Mendota Heights, Mn SS118
Re: Questian Cancer�ning Payment for "BIF's"
Dear Chris:
�stvrically, the Cit.y of Mendota Heights hxs grac�ausly paid for the BIF's at the fieids that
MHAA plays. This has included those provided by the City at District 197 and private fields for
our members' use. '
{}ur desixe would be for the City to continue ta ga.y for aii the BIF's since aver 70°l0 of MMFFiAA
spring baseball, t-ba11 and softball players are residents of Mendota Hei�hts. The City provides
less than 50°lo af our field needs requi�ring N�IAA #o use non-city fieids ta meet the needs af our
programs.
..,� .
Our next optian wauld be to share in the costs af those BIF's provided ta District 197 and private
fieids { St Thomas, V"�sit�ian and St Peter's �hzirch).
:
ff;the Fark and RecreRtion Board feels that l�g-IAA members shauld pay for some or all of the
costs ofBIF's provided at District 19� and priva�ie fields, we would request that this cost be
itenuzed and be deducted fram the T-Balt subsidy that we receive from the City. We wouid hope
that if there is a change in past policy that this cbawge occur in 199'� since our sports did not
budget far #his increased in their 1996 budgets. .
Please let me knaw what decision is reached so I ran notify the MM}:-IAA Board,
Sincerely,
� ��� �,QQ„r�,�,J
Narm Gellerman
Executive Director, MHAA
cc: Tim Ma.nahan
CITY OF MPNDOTA HIIGHTS
June 25, 1996
TO:
FROM:
SUB7ECT:
, ��
Ma.yor, City Council and City Ad�u�iw` J"'r
James E. Danielson, Public Works Directo
Mendakota Fence Request
City Council at its June 18th meeting, agreed to amend Mendakota Country Club's
CUP for a PUD to allow for the constnuction of a black vinyl fence along Mendakota. Drive.
Amendments to PUDs should be approved by Resolution. Therefore, I have prepared the
attached Resolution for City Council consideration.
�:��K� \� Iu l �I I : M � �
I recommend that the attached resolution amending Mendakota. Country Club's CUP
for a PUD be adopted.
� Y � � t_ ./ JI; _1
Review the attached resolution for conformance with City Council's June 18th
approval, make any desired change and then pass a motion adopting Resolution No. 96-_,
"A RESOLUITON AMENDING THE CONDITIONAL USE PERMIT ALLOWING FOR A
SECURITY FENCE AT MENDAKOTA COUNTRY CLUB."
�
�
CITY OF MPNDOTA I�IGHTS
Dakota County, Minnesota
RESOLUTION NO. 96-
A RESOLUTION AMENDING THE CONDTTIONAL U5E PERMIT TO ALLOW
FOR A SECURITY FENCE AT MENDAKOTA PARK
(PLANNING CASE 89-21)
WHEREAS, on August 1, 1989 the Mendota Heights City Council amended
Mendakota Country Club's Conditional Use Permit for a Planned Unit Development to allow
for the constniction of a three-phased perimeter security fence (Resolution 89-86); and
WI�REAS, one of the conditions of approval for the CUP was that the type of fence
was to be limited to being galvanized chain link fence; and
WI�EREAS, Mendakota Country Club now desires to construct a portion of Phase II of
their plan and substitute black viayl clad chain link fence for .the uncoated-silver coated
glavanized fence material; and
QVHEREAS, the Mendota Heights City Council did review Mendakota Country Club's
request at their June 18, 1996 meeting and found it to be acceptable as a mi.nor alteration.
NOW '�RpFORE IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights that the construction of a black vinyl coated six (� foot high chain link fence
be allowed to be installed from the City Fire Hall site westerly to approximately the
Mendakota Country Club's entrance monument sign.
Adopted by the City Council of the City of Mendota. Heights this second day of July,
1996.
CITY COUNCII,
CITY OF MENDOTA HIIGIiTS
��
ATTPST:
Kathleen M. Swanson
City Clerk
Chazles E. Mertensotto
Mayor
�
i t i i • :i :
i� i
--�.,� July 1, 1996
TQ: Ma.yor, City Council and City A tar
FROM: 7ames E. Danielsan
Public Works Director
SUBJECT: Preparation af Assessment Roll
Curley's Valley View
DISCUSSI4N:
The above pmject is snbstantially completed and we now need ia prepare the
assessment roll. The public hearing will be set for September 17, 1996, to allow prepayment
af assessmen�s prior to certification to the County in late fall.
REC4MMTNDATIUN;
I recommend that Council order the pxeparation of assessment roll for the above
project.
ACTION 12EQIJIItED:
If Cauncil concurs with the recommendatian, they shauld pass a motian adapting
Resolution Na. 96-�,, I�:ESQLXTTION QRD��tING THE �'�REP�RA.TION QF
.ASSESSMENT ROLL FOR CU'RLEY'S VALLEY VIEW .c�ND SURROUNDING AR.EAS
{I�ROV7�NT NO. 93, PR4JECT NU. 4}.
� __
�
City of Meadota Heights
Dakota County, Min�nesota
' f � ! '�
I�.ESULUTION ORDF�tIl�TG THE PREFARATICIN OF ASSESSM[EN'r ROLL F4R
CURLEY' S VALLEY VIEW AND SURROLTNDING AREAS
{l�'ROVI�[+.NT NU. 93, PR4JECT Np. 4)
W�iT1tEAS, contracts have heretofore been Iet for the const�uction af the following
described improvement.
and
The constructian of street reconstruction/rehabilitation improvements ta serve Curley's
jTalley View and adjacent areas (which improvements have heretofore been knawn and
designated as Improvement No. 93, Project No. 4)
WS:TREAS, the construction of said improvements has been substantially completed.
NOW TS'EREFORE, IT IS HE,REBY F:ESOLVED by the City Council af the City
af Mendota Heights as follows:
1. Tl�at the total cost of the �bove described impmvements shall be assessed as
described in feasibility report against all properties 6enefitted by said
improvements.
2. That the City Clerk with the aid and assistance af the City Engineer be and is
hereby authori�zed and directed to prepare the separate assessment roll for the
abave described improvements showing the praper amount to be assessed
against each of the Iots, pzec�s or parcels of land benef tted by said
improvements.
Adopted by the City Cauncil of the City of Mendata Heights this 16th day 7uly, 1996.
ATTP,�T:
Kathl.een M. Swanson, City Clerk
: iiY i, ii1` �!i i : .ir! .Y1�.�
c
Charles E. Mertensotta, Mayor
, ._
CITY OF MENDOTA HEIGHTS
�� �
7uly 2, 1996
TO: Mayor, City Council and City ' s tor
FROM: James E. Danielson
Public Works Director
SUBJECT: 5ewers, Water, Streets
Mendota. Meadows
Job No. 9506
Improvement No. 95, Project No. 1
DISCUSSION:
The contact has been completed for the Mendota Meadows project and is ready for
fmal payment.
Total contract cost for this project was $184,1750.00 not including engineering,
easements, and overhead.
RECOMIVV�ENllATION:
I recommend Council accept the project and approve the final payment to Ryan
Contracting of Shakopee, Minnesota.
ACTION REQUIRED;
If Council concurs with the recommendation, they should pass a motion adopting
Resolution No. 96-_, RESOLUTION ACCEPTING WORK AND APPROVING FINAL
PAYMENT FOR MENDOTA MEADOWS (IlVIPROVIIVIII�TT NO. 95, PROJECT NO.
1).
�
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 96-
RESOLUTION ACCEPTING WORK AND APPROVING
FINAL PAYIV�NT FOR IlVIPROVIIV�NT NO. 95, PROJECT NO. 1
WHEREAS, pursuant to a written contract signed with the City of Mendota Heights on
June 3, 1995, Ryan Contracting, Inc., of Shakopee, Minnesota, has satisfactorily completed
the improvement of sanitary sewer extension, storm sewer extension, watermain extension,
street, curb and gutter unprovements to serve the area known as Mendota Meadows
(Improvement No. 95, Project No. 1) in accordance with such contract.
NOW THEREFORE IT IS HEREBY ItFSOLVF.D by the City Council of the City
of Mendota Heights that the work completed under said contract is hereby accepted and
approved;and
BE IT FiJRTHER RESOLVED that the Mayor and City Clerk are hereby directed to
issue a proper order for the final payment on such contract in the amount of $20, 820.06,
taking the contractor's receipt in full.
Adopted by the City Council of the City of Mendota Heights this 16th day of Ju1y, 1996.
CITY COUNCII,
CITY OF MENDOTA HIIGHTS
By
Charles E. Mertensotto, Ma.yor
ATTEST:
Kathleen M. Swanson, City Clerk
� --
CITY OF MENDOTA HEIGHTS
MEMO
July 12, 1996
TO: Mayor, City Council, City Adm'�r
FROM: Ka.thleen M. Swanson '�
City Clerk
SUBJECT: Appointment of Secretary
INFORMATION
On July 2, Council accepted Diane Wazd's resignation and authorized staff to internally
post the position and begin the process or recruiting an individual to fill that position or one
vacated by intemal transfer. The engineering secretary position has been posted within the city's
departments. Interviews for promotion or transfer will be held on Monda.y.
ACTION REOUIRED
A recommendation for appointment will be submitted to Council in Tuesda.y evening's
add-on agenda. -
�
1
CTTY OF MENDOTA HEIGHTS
7u1y 3.1, 19}b
TO: Mayor, City Council and City Administrator •
FR4M: Guy Kvllander, Parks Froject 1Vlanager �,��
SU�E�T: Parks Fi�e Year {1997 2001} Capital. Impravement Plan
The Parks and Recreation Comm.issian reviewed and mcdif'ied the Capital Improvemen+
P1an (CIP) for fiscat years 1997 thraugh 2001.
Most of the expenditures proposed for 199'7 are continuation of annual maintenance and
improvement programs. Significant changes from the previous CIP are:
1. Item #10 requests $6,OQ0 to make unprovements to the Wentworth Park wazming
house. The existing warming house is very small with old equipment that needs
replacement. The Commissian also felt that eiilarging and "opening up" ihe warming
house with windows would make this an idea�l site for summer pmgrams in the parks
that require a"jumg off" spot or craftshop area.
2. The picnic shelter{s} for Friendly �[ills Park were moved to f�scal year 1998.
3. Item #17 requests funds for playgraund maintenance, replacement of worn out or
outdated units, and far addition of new items or play events. Part of the funds wauld
be used tn hire a professional fum tv videotape and diagram each playground, and
while on-site a thorough safety inspection would be dane. Any worn or damaged parts
wouid be replaced and a report of the condition of each parks equipment would be
given to the City. A follow-up safety inspection would also be done midway through
the summer. City Park Crews would stili perform periadic inspections and repairs as is
now done. The City has invested in excess of $350,Op0 in the current equipment, most
of which was installed in 1990 and 1991. The Cammission feeis that through govd
preventative maintenance and judices additians the carrent equipment can give the City
many more years of safe enjoyabie play experiences far the youth of Mendota Heights.
4. Item #5 is for rerooimg the picnic shelters in Rogers Lake and Valley Farks. The f_
e�sting c+�dar shakes are in poox condition. Replacing the c+�dar shakes would cost
$S,pQO per shelter. Use of asphalt shingles would cut the cost in hal£ The
�
recammended repairs is far the use of architectural quality asphalt shingles an both
shelters plus repair of any roof sheeting boards that neecl replacement.
� � �a t�i � �! � � M � �.
The Commission recommends that City Council review the Five Year Capital.
Impmvements Plan as presented and to incorporate the recommended improvements in the
1997 City Budget. �
f M 1 � � .fT�1 �;��.1�
If Council wishes ta accegt the Parks and Recreation Cammission recommendation they
should pass a motion to accept the Parks Capital Improvement Plan %r 1997-2Q01 and direct
staff to include the propased pmjects or items in 1997 for consideration in the City Budget far
fiscal year 1997.
f --
r
"► y
. MEND E
FIVE YEAR 1997-2001 CAPITAL IMPROVEMENT PLAN
Expenditures Proposed for 199?
1
�ENE[� LA FUND
Enhance tree and landscape plantings � �-
in two parks $500.00
2. Witdflower devetopment & maintenance
3. Enctosu�es #or Po�# A Poties
4. Cancrete bleacher pads
5. Reroo# shelters in Rogers i.ake Park & Valtey Park
6. Pain#/stain structures in Mer�dakota Park
7. Replace 9 of 5 benches in Rogers Lake
Park (5 of 5 replaced)
8. Resurface 1 double tennis court in City Park
9. ADA tmprovements at Friendly Hills Park
1U. tmproveien(arge warming hause at Wentworth Park
11. Seai caat traii through Rogers Lake Park
12. Seal caat Lexington Avenue Trai1 �
13. Seal caaf Mendota Heights Road, Delaware ta Dodd
14. Enlarge aglime waming #rack one fieldper year
5 togal (3 Of 5)
15. Reshape gravel trails in Friendly
Marsh Park and Coppesfieid Ponds
16. Develop, print distribute TraillPack Maps
17. [Vlaintenance, reptacement, additions ta piay equipmen#
in 11 parks
18. Construct twa wayside rest areas with benches in
Va11ey Paric
Proposed 1997 Eacpenditures
�
'� 1i !i
$35Q.00
$4,000.00
$3,OU0.00
$2,500.00
�s,oaa.00
$500.00
$1,500.00
�,. ��� ��
+$36,850.00�is I
■I � K ,_ � a. 1.
$1,000.00
$6,000.00
$5,000.00
$2,OOOAO
$2,000.00
__;-------_�_ .._
.
$16,000.00 -
• MENDOTA HEIGHTS PARK SYSTEM
FIVE YEAR 1997-2001 CCAPITAL IMPROVEMENT PLAN
Expenditures Proposed for 1998
GENERAL FUND
1. Enhance trees and landscape plantings
in two parks $500.00
2. Maintain and expand wildflower
plantings
3. Enclosures for 2 Port-A-Poties
4. Concrete bleacher pads at finro locations
5. Resurface 1 double tennis court in city park
6. Install two horseshoe pits at Rogers Lake Park
7. Enlarge aglime waming track at Mendakota Paric (4 of 5
8. Maintenance, replacement, additions to play equipment
in 11 parks
9. Enhance tree plantings at Kensington Park
10. ADA upgrades to Marie Park warming
house
11. Picnic Shelter(s) in Friendly Hills Park �
$500.00
$2,000.00
$1,500.00
$4,000.00
$500.00
$6,000.00
$500.00
$2,000.00
12. Trail seal coating and crack repairs $8,000.00
13. Paint/stain structures at Kensington Park $2,500.00
Proposed 1998 Expenditures $28,000.00
t
0
$1,500.00
$2,000.00
$25,000.00
$28,500.00 I
s �
a,_
♦
L �
MENDOTA HEIGHTS PARK SYSTEM
FIVE YEAR 1997-2001 CAPITAL IMPROVEMENT PU
Expenditures Proposed for 1999
1. Enhance trees and landscape �
plantings in two parks
2. Wildflower maintenance and expansion
3. Enciosures far 2 Port-A Poties
4. Concrete bleacher pads in 2 parks
5. Resurface 1 double tennis court in City Park
6. Seal coat 8 park parking lots
7. Restripe 8 Qarking lots and hard courts �
8. Seal coat trails in ivy Park, Mendakota
Park, Friendly Hills Park and
Hagstrom King Park
9. Maintain, replace, improve play equipment in 11 parks
10. Enlarge aglime waming track at Civic Center
Field ( last of 5 fields)
11. Bench along Victoria Trail �
12. Basketball hoop at South Kensington Park
13. Upgrade play equipment in Hagstrom King Park
ADA & Safety
Proposed 1999 Expenditures
\N
GENERAL FUND
$500.00
$500.00
� $2,000.00
$2,000.00
� $4,000.00
$4,800.00
$1,200.00
$7,000.00
$6,000.00
$500.00
r$28,500.00 ,
�PECIAL PARK
$4,000.00
$500.00
$500.00
$5-8,000
$14-17,000 `
• MEN��TA HEIGHT rARK SYSTEM
FIVE YEAR 1997-2001 CAPITAL IMPROVEMENT PLAN
Expenditures Proposed for 2000
1. Enhance trees and landscape planting in parks
2. Wiidflower maintenance
3. Enclosures for port a-poties
4. Resurface 1 double tennis court in City Park
5. Seal coat trails
6. Maintenance, replace, improve play equipment in
11 parks
7. Upgrade play equipment in Valley �ew Heights Park
Proposed 2000 Expenditures
.
�ENERALFUND
$500.00
$500.00
� $2,000.00
$4,000.00
$8,000.00
$6,000.00
$21,000.00 I
c �
SPECIAL PARK
$4,000.00
$10,000.00
$14,000.00 I
• ' MENDOTA HEIGHTS PARK SYSTEM
FIVE YEAR�1997-2001 CAPITAL IMPROVEMENT PLAN
Expenditures Proposed for 2001
1. Enhance trees and landscape planting in parks
2. Wildflower maintenance
3. Enclosures for port a-poties
4. Resurface one double tennis court in City Park
5. Seai coat trails
6. Maintenance, replace, improve play equipment in
11 parks ��
7. Paint/stain Mendakota Buildings
Proposed 2001 Expenditures
�
GENERALFUND
$500.00
$500.00
. $2,000.00
$4,000.00
$8,000.00
$6,000.00
$3,000.00
$24,000.00 I
�
$4,000.00
__ $4,000.00 =_= I
�
CITY OF MENDOTA HEIGHTS
MEMO
July 9, 1996 _ ^
TO: Ma or Cit Council and Cit Ad�t�uistfator
Y � Y � Y
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Mendota Heights Senior Housing Addition Final Plat
Discussion
Attached is a copy of the final plat for Mendota Heights Senior Housing Addition.
Recommendation
The attached Mendota Heights Senior Housing Addition plat has been prepared as
approved by Council as a preliminary plat and Staff recommends that it be approved.
Council Action Required
If Council desires to implement the recommendation they should pass a motion adopting
Resolution No. 96-� RESOLUTION APPROVING FINAL PLAT FOR MENDOTA
HEIGHTS SENIOR HOUSING ADDITION.
� --
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESOLUTION APPROVING FINAL PLAT FOR
MENDOTA HEIGHTS SEIVIOR HOUSING ADDITION
WHEREAS, a final plat for Mendota Heights Senior Housing 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,lVrnnesota, as follows:
1. That the final plat of Mendota Heights Senior Housing Addition submitted at this
meeting is hereby approved.
2. That the appropriate City officials be and are hereby authorized to execute the final
plat on behalf of the City of Mendota Heights.
Adopted by the City Council of the City of Mendota Heights this 16th day of July, 1996.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
� --
D� �{�TA CC3LII�TY
June 24, 1996
Mr. Jim Danielson
City of Mendota Hea.ght�
1150 Victoria Drive
Mendata Heights MN 55120
Hc�using & Redevelopinent Autl�c�rity r,i?-�?�.�s�k�
249G-1�15e17 ti�. W* Ruscm4tiunt, IvW 5506;i • T.I),I7. (12.473-SIti2 • I�AX 612•q2i_�Iti��
RE. Mendota xeights Senior Housing Plat
Dear Mr. Danielson:
The surveyor for the Dakota County HRA has submitted a fina3 pla�
for the Mendata Heights senior housing deve3.opmen�. under �eparate
cover to you. The final plat should be basically unchanged �rom
�he preliminary pla�. previously submit�ed. We would like to have
�.his considered at the next schedu.led City Cauncil meeting. We
would also like to take �.his opportunity ta update you on our
schedule, Fol.lowing is a summary of the �tatu.s of �his
development:
The Mendota Heights senior housing developmen� was bid ou�. with a
bid opening on �,7uly 2, 1996. Unfartunately the bids did come in
higher �han anticipated bu� we will be able to mave forward with
canstruction. The HRA Board of Comtnissioners awarded a contract ta
�.he low bidder on �.he development, CBS Construction Services, a�.
�heir July 9, 1.996 mee�ing can�.ingent upon approval of the final
plat by the City Cauncil. We will nat give a no�ice to proceed
until the final plat is approved. We hope to get a ground breaking
ceremony scheduled for �ome�ime in the later part of July ar early
August. It is expected that construction wauld take about ten
months with a completion anticipated by the en.d o� May, I997.
The Dakota Caunty HRA will begin taking applications for the
housing units early this fall, most likely bega.nning in September.
We will noti��r everyone on our interest list when appiications will
be due for the initial random drawing to de�ermine the order of the
waiting list; applications received after the initial deadline will
be placed a� the bo�tom af the wai.ting list. We woul.d work with
the applicants on the waiting list to de�.ermine eligibility so �hat
unit� would be committed prior to �.he opening date.
Please let me know if you have any questions or need any a.dditi.onal
information; I can be reached at 423-8111.
Sincerely,
�-
r G�(' , J i. c1 �+��
Kari R. Gill
Deputy Execu�ive Directar
"AN EQUAL C?PPC7RTUNiTY EMPLOYER"
r�
/ � ' / � � � �
July 11, 1996
(�
TO: Mayor, C1L� COilIlC1I aIlt�. Cl� A{iIIliIllSlr�
FROM: Tom Knuth, Seniar Fngineer Technician
SITBIF..CT: Feasibility R:�port
Sauth Plaza Drive Pxtension
7ab Nu. 9606
Improvement No. 96 Praject No. 1
I�M Y: i 1 N i�
Dakota Caunty ��tA has petitianed far utility and extensions to serve the new senior
citizens building to be built at the east end of South Plaza Drive. This report discusses the
� project under consideration and the costs invalved,
I 1, �1 1, �
Since the existing street stops severai hundred feet short of the pmposed building,
South Plaza Drive will be extended and re-aligned to curve to the north to accommodate
develapment east of the shopping center. It is also proposed to install a large tempprary cul-
de-sac to accommadate MTC buses ta pick up passengers and turn amund in front of the
senior's building. Dakota. County HRA has dedicated R.O.W. for the street and also a small
au�lot on the west side to the City. Existing watermain will be extended to provide fire and
domestic service to the seniar's building and storm sewer and a detention pond will be
constiucted to pick up stxeet and seniar properiy runaff. Sanitary sewer service will came
from eacisting mains to the east of the proposed building.
The cost to construct each af the utilities including engineering, administration, land
acquisition, and contingencies are estimated as follows:
R�atermain & services $19,200
Storm sewer $ 8,400
Streets $ 4U,400
�
Tota1 Project Cast $68,000
� ._
�
It is assomed that the HI2A contractor will camplete the site grading in the street
R.O,W. sa no casts far that item were included in the above estimate. Assessments would be
used to cover the costs of the project and Dakota Gounty HRA would be the sale prop�rty
assessed.
!. _ ! ��1►,�1 .�11 � M � �
This project is bath techaicaily and financially feasible.and Dakota County HRA has
petitianed far the improvements, therefore staff recommends Council accept this feasibility
report and order staff to prepare plans and specifications for the praject.
: M ! � C ,llia i;� �1 i�
Zf Council concurs with the recommeudation they should gass a mation adoptiug
Resolution No. 96- , RE50LTJ'TION ACCEPTING PETITION, FEASIBILITY
�i;EPURT A►ND 4RDERING IMPR4V'EMENT AND �"REPARATIQN QF PZtANS A►ND
SPECIFICATI4NS FOR 50UTH PL,AZA DRTVE (IlVIPROVEIV,�Nr NO. 96,
PROJECT NO. 1}
� --
4 �
.j
I \
�
�
� BIKE PATH �
. \
\
� PROPOSID WATERMAIN
REMOVE EXISTING PAVEMENT
� EXISTIl�TG /�
� .I—
1 in.= 60 ft.
i
//
�r—�—�—
STORM SEWER
�BY OTI�R4 II
0
PROJECT
LOCATION
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 96 -
RESOLUTION ACCEPTING FEASIBILITY REPORT,
"�• ORDERING IlVIPROVEIVV�NT AND PREPARATION OF
PLANS AND SPECIFICATIONS FOR WATER,
STORM SEWER, AND STREET CONSTRUCTION
FOR THE SOUTH PLAZA DRIVE EXTENSION
(IlVIPROVIIVIENT NO. 96, PROJECT NO. 1)
WHEREAS, a petition has been filed with the City Council requesting water, storm
sewer, and street improvements to serve Mendota Heights Senior Housing Addition and
adjacent areas.
WHERTAS, the City Engineer has submitted his report to the City Council with
respect to the proposed construction of the following impmvements to serve Mendota Heights
Senior Housing Addition; and
The constxuction of an extension to the City's water distribution system
including appurtenances and incidentals thereto, and the acquisition of
easements, and the reconstruction where necessary of streets and easements in
the area hereinafter more particularly described.
The construction of a storm sewer systems including appurtenances and
incidental thereto and the acquisition of easements, in and for the area
hereinafter more particularly described.
The construction of street improvements consisting of the acquisition of
easements and subgrade preparation, stabilization, drainage and bituminous
surfacing, and the construction of concrete curbs and gutters on the streets to be
situated in the area hereinafter more particularly described.
WHIItEAS, the City Engineer reported that the proposed improvement and
construction thereof were feasible, cost-effective, and desirable and further reported on the
proposed costs of said improvements and construction thereof; and
WHEREAS, the Dakota County Housing and Redevelopment Authority, the owners of
the property, has heretofore in writing petitioned the City Council of the City of Mendota
Heights requesting the above described improvements, and in said petition requested that the `"�
entire cost of said improvements be assessed against said property; and
WH: + AS, the area pmposed to be assessed far said impravements is situated within
the City of Mendota. Heights in Dakota County, M%nnesata and is more particularly described
as follows:
Mendota Heights Senior Housing Additian
NOW TSEREFORE, IT IS SEREBY RESOLVED by the City Council af the City
of Mendata Heights,lV1[innesota as follows: .
l. That the feasibility report is hereby accepted by the City Council of the City of
Mendota Heights.
2. That it is advisable, feasible, cost-effective, expedient and necessary that the
City af Mendota I%ights canstruction the abave described impmvements, and it
is hereb� ordered that said improvement be made.
3. That the Ciry Engineer be and he is hereby authorizeci and directed ta prepare
pians and �pecifications for said impmvement.
4. That said improvement shall her�:after be knawn and designated as Improvement
Na. 96, Project Na. 1.
Adopted by the City Council of the City of Mendata Haights this 16th day of July, 1996.
• i
yrr • - �n-.�� • : .�:�� ,��,
By;
Charles E. Mertensotto, Mayox
ATT'EST:
Kathleen M, Swansan
City Clerk
, ._
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
JuLY 16.1996
Concrete/Masonrv Contractor License
Cavanaugh Concrete Co.
Ostertag Cement, Inc.
Serice Construction
Excavatiag Contractor License
Final Grade, Inc.
M.J. Ryan Construction
Gas Pi�ing Contractor
Albers Sheetmetal & Ventilation
AVAC Contractor
Fore Mechanical, Inc.
Rascher Plumbing & Heating
General Coatractor License
Ace Garage Door Co.
Centex Real Estate Corp.
D.Ja Construction
m
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July 16, 1996
TO: Mayar and City Covncil
' ct+Ar�ss rssr srr%uyartY:
To.taz clalms
,
Sign�ficant C.Iai�.s
Prime Nei
Ryan �ontracting
VGC
' ' Vatley Paving
Associated Bureau
unusua2 Clgimr
American �ank
First Trust
Narwest �ank
i,5ti7,972
i 1 r�ote 2U,453
Mendota Meadows 2Q,82Q
T I Note 20,327
Curleys FriendIy Niiis 374,Q42
'I I Not 14,787
Bond pymts
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311,535
300,$35
502,164
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CITY OF MENDOTA HEIGHTS
MEMO
July 10, 1996
TO: Mayor, City Council, and City Administrator
FROM: Marc S. Mogan MSM
Civil Engineer
SUBJECT: 1996 Slurry Seal Project
Job No. 9609
DISCUSSION:
Bids for the 1996 Slurry Seal Project will be received on Tuesday, July 16, 1996 at
10:00 a.m. These bid results will be presented to Council for their review and award
consideration at their meeting that same evening.
ACTION REOUIRED:
None. For information only.
MSM
. ._
CITY OF MENDOTA HEIGHTS
MEMO
�
July 16, 1996
TO: Mayor, City Council, and City Ad ' or
FROM: Marc S. Mogan � M
Civil Engineer
SUBJECT: 1996 Slurry Seal Project
7ob No. 9609
DISCUSSION:
Bids were opened today, Tuesday, 7uly 16, 1996, at 10:00 a.m. for the 1996. Slurry Seal �
Project. One bid was received &om Struck & Iiwin Paving, Inc. This firm has done all of the
street slurry sealing for Mendota. Heights the last seven years. The bid submitted was $43,610.
The bid price includes any required crack sealing, and the slurry sealing of the streets as
shown on the enclosed map. The budget amount for this project is $50,000.
RECOMIVV�ENllATION•
I recommend Council award the 1996 51urry Sea1 Project to Struck & Irwin Paving, Inc.
ACTION REOUIRED-
If Council desires to implement the above recommendation they should pass a motion
awaxding the 1996 Slurry Seal Project to Struck & Irwin Paving, Inc., of 812 Williamson St.,
Madison, WI , 53703 for their bid amount of $43,610.
MSM
0
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NO SCALE
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Heig,ht� � 06/17/96
"I101 V(CTORtA CURVE • MENDOTA HEIGHTS, MN S5ii8 (612j 452-185Q MSM
s'i
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CITY OF MENDOTA HEIGHTS
�� �
7uly 12, 1996
To: Mayor and City Council
From: Kevin Batchelder, City Ad '
Subject: MnDOT Logo Sign Program on Interstates
BACKGROUND
On June 24, 1996, I was notified by a resident of Ridge South Condominiums that a
"billboard" had been constructed on southbound I-35E at the appmach to the T.H.110 exits.
Inquiries were made to the Minnesota Department of Transporta�on (MnDO'1') regarding this
sign. MnDOT was informed that billboards are not allowed in Mendota. Heights.
Ms. 7anet Ekern, Partnerships Coordinator with MnDOT, offered the following
explanation. In 1985, the Federal Highway Administration (FHA) created a rural sign
program to eliminate the proliferation of billboards. The rural siga program was designed to
allow advertisers to place a logo on a blue highway siga in the right-of-way and that this
would be limited to services for travelers, such as food, gas, fuel, camping and lodging. The
federal government allowed each state to enact as they saw fit.
The State of Minnesota allowed this program in the rural areas, but not the seven
county metropolitan area. In 1993, the tourist industry pushed to expand the logo siga
program into the metropolitan area. The legislature, particularly the State Senate, approved
legislation opening the metro area to the logo sign pmgram, over the objections of MnDOT.
MnDOT has siace incorporated a logo sign program for the metropolitan area by
establishing standards for distance fmm exits, location of directionai signs, sight lines, and
bumping rights for advertisers. For the fee of $50,000 per year, a private company, �
Minnesofa Logos, purchases a franchise contract from MnDOT to access the right-of-way and
to operate the logo siga pmgram. Minaesota Logos owns, installs aad maintains the signs.
They pursue advertisers who rent space to place their logo on the sign.
To place a sign in the right-of-way, Minnesota Logos prepares an intersection plan for
review by MnDOT. Once a location is approved, a permit is issued by MnDOT. MnDOT
only reviews the intersection plan for compliance with its distance and sight line standards.
There is no review for local impact or land use compatibility. It is MnDOT's and Minnesota
, ._
Logos contention, that because the sign is in the right-of-way, there is no need to process a _
local sign permit or to seek any zoning approvals.
�
DISCUSSION
Minnesota Logos were put on notice that the installation of this sign was in violation of
the City's ordinances and permit requirements. The sign was erected without notice of any
kind to the City, or without the benefit of a sign permit or inspection. (Please see attached
7une 26, 19961etter to Minnesota Logos.) It has since come to my attention that another logo
sign has been erected at I-494 and Dodd Road. McDonald's Restaurant and Fina Mart are
advertising on the logo sign.
Minnesota Logos has responded to our letter by refusing to remove the sign or to seek
the proper sign permits and zoning approvals. They contend that the logo signs are not
advertising signs according to the Minnesota. Statutes (no citation provided), rather they are
directional signs for "essential services" of gas, food, lodging and camping. They claim
because they are in the right-of-way that local permits are not necessary. (Please see attached
July 8, 19961etter from Mr. Dave DeSutter, of Minnesota Logos.) MnDOT has not
responded.
The issue of State agencies preempting local zoning controls have been discussed at
Mendota Heights on previous issues, including the AT&T cellular tower installation and the
CUP for Salt Storage Shed at the MnDOT maintenance facility. At the time of the MnDOT
salt storage shed application, we were provided with a memorandum from the Deparhnent of
Administration and another from the Office of the Attorney General that discuss state
government exemption from local planning/zoning control. (Please see attached.)
In the case of the logo signs, they do not serve a purpose that is related to traffic
control or trafiic safety, they are simply advertising. It is ironic that a federal government
program to eliminate billboard proliferation has brought the first "billboard" to Mendota
Heights, a community that has never allowed this type of land use since we were incorporated
in 1956. �
This item is on your agenda for discussion about how to proceed with respect to the
installation of logo signs within Mendota Heights. The City Attorney should be consulted
ahout the state government exemption from local planning/zoning control.
ACTION REQUIRED
Discuss the Minnesota Logo Sign Program and provide direction to City staff.
;�
. ._
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July 8, 1996
Mr. Kevin Batchelder
City of M�endota Heights
1101 Victoria Curve �
Mendota Heights, MN 55118
Dear Mr. Batchelder:
I have received your letter of June 26, 1996. I understand that
the City of Mendota Heights, not unlike many other cities,
prohibits billboards. However, Minnesota Logos is acting within
its rights to construct a Logo Sign at the location in question.
The Min.nesota Logo Sign Program has been operating since 1993 on
rural highways, and was expanded to include the Minneapolis/St.
Paul urban area in 1993. In August of 1995, Minnesota Logos took
over the administration of the program.
Before , Logo �- Sig��,: � ar.e .�.constructed in any area of the state,
Niinnesota Logos must� first submit �written site plans to the
Minnesota � Department of Transportation, Office of Traffic
Engineering. Al1 sites are reviewed by Mn/DOT�and then are either
approved or denied. The signs that were constructed for Exit 101AB
on I-35E meet all program requirements set forth by the Office of
Traffic Engineering.
Logo Signs are not classified as outdoor advertisin.g according to
Minnesota Statutes. Rather, they.are directional signs placed to
aid the motorist in finding the "essential services" of GAS, FOOD,
LODGING, and CAMPING. Because the sign in question iS on state
right-of-way, the only necessary construction permit was applied
for and obtained through Mn/DOT.
Therefore, Minnesota.Logos will leave the sign in c�uestion in
place, and will continue to add businesses to the panel if they
choose to participate. If you have any other questions regarding
the Logo Sign Program, or the sign in question, please feel free to
call me.
Sincerely; -
�lu -e - , ' •,
avid .DeSut er - - • _
General Manager � , � . , , . . • ' . _
cc: Ms Janet Ekern, MnDOT••;
201 W. Travelers Trail, Suite 230
Burnsville, MN 55337
,612-895-8079 • 800-769-3197
Fax 612-895-8499
7une 26, 1996
Mr. Dave DeSutter
Minnesota Logos, Inc.
201 W. Travelers Trail, Suite 230
Burnsville, MN 55337
Dear Mr. DeSutter:
�
C lty O�
1Viendota Heights
It has come to the attention of the City of Mendota Heights that your firm, Minnesota Logos,
Inc., has erected a billboard siga along Interstate 35E in Mendota Heights, approximately 800'
north of the T.H. 110/I-35B intersection. This billboard sign includes advertisements for two
local businesses, McDonald's Restaurant and FinaMart and was erected without notice of any
kind to the City; or more unportantly, pmcessing aa application with the City for a sign permit
and an inspection for the installation.
This letter is to officially notify you that the installation of this sign is in violation of the City's
ordinances and permit requirements. Further use of the sign is to cease immediateiy, and it
shall be removed, for the reasons statecL ,-�
The City of Mendota $eights takes seriously its permit and inspection obligations to protect
the health, safety aad �welfare of the general public and has enacted regulations aad inspection
procedures to uphold this responsibility, under statutory zoning authority granted by the State
of Minaesota. Prohibitions on billboard signs have historically been enforced in the City of
Mendota Heights since our incorporation as a City in 1956.
Thank you for your pmmpt attention in correcting the noted violation.
Sincerely,
r�.,;.... 3
Kevin Batchelder
City Administrator
Mayor and City Council
Ms. Elaine Rose-Rudemaa
MnDOT Partnerships Coordinator 7an Ekern
1101 Victoria Curve • 1Vlendota Heights, 1ViN • 55118 452 • 1850
� --
�----
„ ' Elaine Rose-Ruderman ,
� isso Ea�� � or, �. St. PpUI, MN 55 918 (b 9 2� 454-1817
, � Nlendota Heights, MN 55118 �
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June 22, 1996
Jan Ekern, Csaordinator, sign proqram
Minnesota Dept o£ Transpo�tation
395 Jahn Ir�land Blvd.
P15 700 ,
S�. Paul, Mn. 55155
Dear Ms Ekern,
This past week a huge road sign was p3aced, facing our
bedroom windows, on Hway
35E (Southbound} in Mendata Hts„ indic�ting that the next
exit has gas and McDonald's, -
We resent havin.g to view the yeliow and red golden arches
from our condominium windows. This advertising is not
appropria�e for this residentia2 area.
Kindly rernave the sign fram this Iocation {�orth af Rt110 },
to a less conspicuous spot,
where there are no resid.entia3 window� loaking out on �his
huge, blue, ugly sign., which
will be a� even warse eyesore once the leaves ��11 off our
trees.
Thank you for at�enta.on to•this mat�er. Please don't make
i�. necessary for us to call this
matter ta the attention of our s�ate �.egislators, the coun�y
and town officials, the newspapers,
TV stations, etc. T�e are praud of the way our environment
has been kept along
iiighway 35E, and hope you'll move the sign and it's
ou'trageous commercial intrusion
on aur property,
We Iook forward to hearing from you within �he week.
Yours trul.y,
_ --
Elaine and Sidney Ruder�nan
612- 454-1817
M�e -- b
STATE OF MINNF.SOTA
Department of
�' �inistration
Our mission:
To improve Ux quality
and productiviry
ot Mianaota
govemment.
r1
U
Date:
To:
October 19, 1995
Building O�cials
FROM: Thomas Joachim, State Building Official
VOICE: 296-4627
TTY/TDD: 297-5353
FAX: 297-1973
SUBJECT: State Govemment Exemption from Loca1 Planning/Zoning
Regulation
Disputes have arisen state wide involving municipal building officials, who as
part of their duties, enforce zoning/planning ordinances for their municipality and
have been told by State agencies that these agencies aze exempt from these local
ordinances.
We have worked with the Office of the State Attorney General to clarify this issue
and help avoid future disputes. Please see the attached letter. It is clear that state
owned property is not subject to local planning and zoning regulation.
State Agencies aze committed to maintaining a good working relationship with
local government entities. It is important that the agencies are made aware of the
concerns addressed and principles set out in lacal ordinances and whenever
possible, they will do what they can to work with the municipality, but it must be
understood that they are not subject to these local ordinance�.
Building code enforcement on "Public Buildings", which comes through contract
with this division, falls under MS 16B.61 and MS 16B.60 and is not part of the
planning/zoning issue.
We hope this information will help clarify these issues and prevent problems in
the future. If you need additional information please feel free to call us or have
your municipal attorney call the State Attomey Generals office and talk to Amy
Kvalseth @ 297-1135.
Building Codes and Standards Division, Facilities Management Bureau, 408 Metro Square Building,
Seventh and Robert Streets, S� Pau� MN SSI01; Voice: 612 296-4639; Fax: 6I2 297-1973
TTY/TDD: T.win Cities 6I2 297-5353 or Greater Minnesota 800 627-3529 and ask for voice number
r ._
STATE OF MINNESOTA
Office of the Attorney Genera!
TO : STEPHEN HERNICK
Building Codes and Standard Division
Department of Administration
FROM : AMY V. KVALSETH �
Assistant Attorney Genera(
DATE : October �, 1995
PHONE : ?97-1135 (Voice)
?82-2�2� (TDD)
SUBJECT : State Government Exemption From Local Planning/Zoning Regulations
You asked the question of whether state governmental units are subject to local
governmental planning and zoning regulations. The answer is no, unless �by statute the State is
expressly made subject to the planning or zoning regulation at issue, or the State consents to
regulation.
The answer comes initially from the principle that the State is the sovereign power. As
sovereign, the State regulates its own property. In the absence of a waiver by the State of its
right to regulate its own property, the property is exempt from a municipality's regulation.
Watson Construction Co. v. City of St. Paul, 109 N.W.2d 332, 334 (Minn. 1961).
Or to express the concept differently, the State gives to its municipalities, including
counties, townships, and cities, only those powers enumerated in its laws. A municipaliry's
power to regulate land use by zoning or other means exists only by virtue of authority
delegated to it by the State. Costlev v. Caromin House, Inc., 313 N.W.2d 21 (Minn. 1981)
(municipality receives zoning power by legislative grant and cannot exceed limitations imposed
by enablina legislation); Dennev v. Citv of Duluth, 202 N.W.2d 892 (Minn. 1972). If the
State does not name itself as subject to a particular law, or if the law leaves any doubt as to its
application to the State, the State is not bound by the law. Minn. Stat. § 645.27.
The State has granted to municipalities authority to regulate land use within their
jurisdiction's through planning and zoning. Minn. Stat. chs. 394 and 462. The State has not
granted, ho�vever, to municipalities the right to impose zoning and conditional use permits on
the State.
Please contact me if you have further questions regarding this matter.
AVK/dsc.bcsd.ac8
' --
� I 1 � � il i
1� 1
7uly 12, 1996
To: Mayor and City Council
����
From: Kevin Batchelder, Gity A''s r
Sabject: Addendum to Planning Case No. 96-18: NSP
LIISCUSSIQN
At the Ju1y 2, 1996 meeting, the City Counci� instructed staff to contact Acoustical
Engineering Firms abaut providing an independent anaiysis of the noise generated at the NSP
substation, to pm,.dict tl�e noise that would come from the prapo� impmvements and tc�
suggest possible recommendations on noise attenuation measures. After contacting fums, staff
recommended to Mayox Mertensatto that W.�I. Kroll and Assaciates be considered to conduct
this analysis. Mayor Mertensotto approved this with other Councilmembers at the special
meeting on Wednesday evening, for an amount nvt to exc,eed $2,SOQ. {Please see attached
curricalum vitae.)
Mr. WilUiam Kroll cansulted with city staff and visited the site on Friday. Mr. Kroll
will be condacting sound tests and anaiysis next week. �Ie will be present at $:30 p.m. on
Tuesday evening to present his preliminary findings and sound test information.
ACTION ItEQUIRED
Please refer to Patrick Hollister's July 8, 1996 memorandum for action on the NSP
applicatian for Conditional Use Permit.
�
� --
CLT�tRICC.JLUM VITAE - WM. H. O. KRQLL
Bam and raised in ri�innesota. Graduated fram the Uruversity of Minnesata Institute of
Technt�logy i�t 1958 with a five year pro�ram �egree in Electrical Engineering. That was
an experimental BEL degree ar�►d today it would be called a Masters for the equival.ent
credits. Acoustics is a branch of Electrica! Engineering at many universities. I am an
engineer specializing ia acoustics.
A#%s� grad�ating, took and passed the En�ineer-in-trainia,g part o£ the State Baard
examinat�oa and w�nt ta work for U.S. Steei Intemationa� and left thax firm in 1955.
Took refresher cc�urses at the University of M'innesota and passed the last gart of the State
B4ards in Tune, i96b. That was the begi�nni.a8 of my ctansniting practic.�: and my only
ineame sinc� then has b�en fram consulting in acoustics. The practice is restricted ta
AC4USTIC5: Sound, I�Ioise and Vibration.
W}u�le with U.S. Steel, got a patent in acousrics and in 1967 toak a speciai course in
acoustics at the �Vfassachusetts Institute ofTechnology_
Have ie�fiued on acoustics at the Uzuversity af M'innesota and for practicing architects, as
welt as other groups. Spoke before the International Congress an Acoustics in Sydney,
Australia duriag 1981. That was with respect ta troubling vibration in structures. Was
guest Iect�uer on acoustics in Africa dwring i986.
I am a member ofthe following organizations:
National Society af Professional Ennineers
M'innesata State Frofessional Engineers
National Council of Accrtistical Consuttants
The Acousrical Saciety of ,America
The Institute of Noise Conuol Engineers
The American Physical Society
The NCAC, National Cauncil of Acoustical Consultants, cazefuliy checks out track --
recards and verifies academic credentials and professivnal standing. T-�iigh level references
are nee<ied for rnembership.
My firm, Wm. H. O_ Krol1 and Associates, Inc., has been given three Honors Awards far
Engineeris�g Excellence by the Consulting Engineers Council af Minsiesota.
� __
aee•���a st:st ::, ez noN
CITY OF MENDOTA HEIGHTS
MEMO
July 8, 1996
TO: Mayor, City Council, and City Administratar
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Plamung Case No. 96-18: NSP
Discussion
The Planning Commission conducted a public hearing on May 28, 1996, rega�rding NSP's
application for Conditional Use Permits for Essential �ervices and 11rIining and a Varianee
far a fence higher than 6' with barbed wire. NSP appeared before the Planning
Commission ta present their pian to remave one of the three e�sting transfarmers from
the NSF substation near Mendakota Park. In addition, their plans include adding three
capacitor banks and a control hause and excavating and replacing part of the fence around
the property.
The Planning Commission, at their May 28, 1996 meeting, tabled discussion of the
application to allow NSP time to present their praposal to the Parks and Recreation
Commission on June 11, hold a neighborhood meeting, and present a revised landscape
plan ta the Planning Comunission an 7une 25.
The Parks and Recreation Commisszan reviewed the landscape plans which NSP had
submitted in conjunction with iis application. NSP also met with Comrnissioner Linnell,
Ms. Blesener, Mr. Kullander, and Mr. Hollister an 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 revised its landscape plan in light of camments made at
the meetu�g with Comrnissianer Linnell, as well as the 7une ZQ neighborhoad meeting.
Recommendation
The Planning Comrnission, at their June 25 rneeting, passed 5-0, {with Betlej and Friel
absent) a recommendatian that the Council approve NSP's application for Conditianal
Use Permits far Essential Services and Mining and a Variance allowing a fence higher than
6 feet with barbed wire under the following conditions:
_ --
1. that NSP provide copies ta the City Council of their revised landscape plan showing .
the e�rtension of the west wall 60 feet, the planting of trees between the walkway 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 e�sting landscaping it be replaced,
4. that NSP provide hard copies of the slide presented to t�e Planning Commission
featuring all sound levels recorded to the Council,
5. 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 shall be the sole responsibility of the City.
At the July 2, 1996 meeting of the City Council, the Council discussed NSP's application
with its representatives and then voted to table discussion of the application to the 7uly 16
meeting in order to investigate the possibility of hiring an independent acoustical engineer
to do the following:
1. Verify and supplement the current noise readings provided by NSP.
2. Predict changes in noise levels after NSP's project is completed.
3. Suggest possible noise attenuation measures to be taken by NSP.
In addition, the Council asked NSP to provide the raw data from all noise readings taken
at the NSP site. (This information had only been presented to the Council thus far in
summary form.) Please see the attached materials submitted by NSP.
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 RESOLUTION APPROVIlVG
CONDITIONAL USE PERMITS FOR AN ESSENTIAL SERVICE AND MINIl�TG, ,_
AND A VARIANCE FOR A FENCE HIGHER THAN SIX FEET WITH BARBED
WIltE FOR NORTI�RN STATES POWER AT THE ROGERS LAKE SUBSTATION.
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1B-�'AN: ��.0 / 14c�.�7 dEt .
Ff�(�ldCY l�ax Lain LE� lEA�'� STC�V X!„�@ER Lflax L10 L20 L50 L70 L90
!. lz 20.0 Z0.0 20.0 0.0 0.0 �.0 �0.0 20.0 i4.0 ?0.0 Z0.0 20.0
,�z 20.0 24.0 20.0 0.0 0.0 50.0 20.0 Z0.0 �0.0 i0.0 20.0 20.0
�,.J.O Hz 20.0 Z0.0 . Z0.0 0.0 0.0 �.0 Z0.0 Z0.0 20.0 �.0 �4.0 20.�
� 25.0 Hz .. 20.0 20.0 � 20.0 . 0.0 0.0 ' S0.0 _ 20.0 2Q.0 Z0.4 20.0 2t1.0 20.0
� 31.5 Hz • Z0.0 . Z0.0 :: 20.0 0.0 0.0 �.0 Z0.0 20.0 20.0 �0.0 20.0 20.0
5 40.0 Nz . 20.0 '� "_ 20.0 ��; �20.0 0.0 0.0 �.0 2Q.0 20.Q 2Q.0 20.0 Z0.0 20.0
1 Sfl.O Hz �� ' 71.0 �: 2ti.0 � 20.5 10.3 0.7 50.4 22.0 �.4 Z0.5 20.0 Z0.0 20.J
3 b3.0 Hz 27.5 ��20.0 24.5 23.5� 2.9 25.0 27.5 ' 27.5 ?.�.5 25.0 22.0 20.4
� 80.Q Hz 29.0 �� 23.0 26.5 25.9 2.3 00.0 24.0 29.0 28.5 Z5.0 25.0 23.5
? 100 Hz ��5.5 :': 24.5 = 35.4 24.3 6.2 C0.0 45.5 45.5 33.0 24.0 26.5 14.5
1 125 Hz 35.5 ��- 33.0 � 34.5 34.3 1.3 l`A.0 • 35.5 35.5 36.5 3�.0 33.� �.5
2 160 Hz 33.5 ;��� 20.0 - 29.0 27.2 � 4.4 05.0 33.5 33.5 32.0 29.0 24.5 23.0
3 2� Hz 39.0 '' 20.0 31.5 27.4 5.9 15.0 39.0 39.0 32.0 �0.0 25.5 21.5
4 250 Hz 31.5 �- 21.5 28.5 27.2 3.9 10.0 31.5 31.5 31.0 24.5 24.0 71.0
5 315 Hz 34.0 .. 21.0 29.5 27.6 4.9 10.0 34.0 34.0 32.� 30.5 23.0 21.5
b 400 HZ 36.0 .- 21.5 31.5 24.4 5.0 05.0 35.0 36.0 35.0 32.5 27.0 23.5
1 500 Hz 39.0 � 25.5 � 34.0 31.4 4.9 Q0.0 39.0 39.0 37.0 34.0 28.0 26.0
8 6?A Hz 40.0. :.26.5 � 35.0 32.5 5.1 00.0 40.0 40.0 37.5 34.5 , 28.0 27.0
9. 8�1 Hz ',: 39.5 "= �27,5 ��35.0 '.33.2 4.1 G0.0 34.5 39.5 35.5 34.0 30.5 24.5
0�1.00kHz : 40.0 :� �.0 �=34.5 -32.9 3.7 00.0 40.0 40.0 38.0 3Z.5 31.5 � 29.5
1 1.25kHz 39.5 := =25.5 •: 32.5 30.1 4.6 1A.0 39.5 39.5 35.0 30.5 Z7.0 2b.0
2 1.bOkHz '� 34.0 ".� 23.5 •- 24.0 � 27.1 3.B 00.0 34.0 34.0 32.0 25.5 24.5 24.0
3 2.00kNz ` 27.5 '' 20.0 • 24.5 23.4 3.2 34.0 21.5 27.5 Z7.0 22.4 21.5 20.5
4 2.SQkHz �'� 26.5 �, Z0.0 . 23.0 71.5 2.5 25.0 Z6.5 26.5 25.5 22.5 20.5 20.0
a 3.15kHz � 32.0 ;'� Z0.0 �: 2b.0 24.4 3.9 15.0 32.0 32.0 29.0 24.0 23.0 20.0
5 4.00kHz � 35.0' _� 20.0 �: 27.5 . 24.5 4.5 15.0 ' 35.0 35.0 27.0 25.0 71.5 20.0
1 S.00ldiz ,,. ._ 24.5 ���Z0.0 �; 21.0 -.� 20.6 1.5 45.0 24.5 .. 24.5 22.0 20.0 20.0 20.0 �
3 6.30kHz �=:�.25.0;�-�20.0 :;;.21.0_' Z0.5 : 1.6 .45.0 .;:..25.0 25.0 20.0 20.0 Z0.0 20.Q
� B.00kHz :_.=:.'Z0.0,;; .20.0 :' :20.0 -::. 0.0 :• 0.0 50.0 .' :. 20.0 ' Z0.0 20.0 20.0 20.0 20.0
� . lO.OkHz��: ::::.20.0 ;�:�20.0 .,'::.20.0 • •;- 0.0'>,:; 0.0 50.0 :: •:::20.0 ..':.,24.0 _ .. 20.0 . 20.0 � 20.0 ..� 20.0
1 �:12.51cHz.y�; 20.O;�Z0.0 •�� :20.0 '�=:0.0 �:- 0.0 ..50.0 ;�.::;10.0 ''� 20.0 '20.0 20.0 20.0 20.0
2:1b.OkHi: 7;:=:20.0:��::;��:Z0.0_;;sZ0.0 ;=��.0.0 ��:�,0.0 �.0., ;�20.0 :':20.0 . 20.0 20.0 20.0 20.0
3 20.OkHz ..';=;:; 20.0 :;;: 20.0 `.';"� '' 0.0 `=` 0.0 50.0 `; .20.0 '� 20.0 ' Z0.0 20.0 20.0 20.0
119 �.=;`;;. �: ;: � 49.5..�: �.34.0 :'=� 43.1 �• 3.5 00.0 . � � � 49.5 � �,;� 47.5 '4{. . � 40.5 39.5
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RREAMP A-IdEIGHT
;TAT • RESET 15 1"i�ll� �� 11 ' S3: �5
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i 2Q. QkH� �: A *Lr� c��rsor
:OGERS_L STO-TBL �CL-TS� itRG-TE?L N GHAhlN�L
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ata'�fYFe: S2lected Ln curves ..._ " . . • � ' - '
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ote: - • '
ATA FQ� CN�9�L 1
ample Tirr�: C�. it��� s�c .
R-SFF;N: ��. C� / 14-�=�. cl dE�
F�Y L�ax L:in LEt� �'� STDEV XI�`�ER L�ax L1Q L20 L� L70 L90
'2.5 Hz Z0.0 �.0 Z0.0 0.0 0.0 SQ.O 20.0 2Q.0 1t?.0 20.0 2Q.0 20.0
'.o t� zo.o zo.o zo.o o.o o.o �o.o zo.o �o.o zo.a zo.a �o.o z�.o
,�0.0 N:. �0.0 i0.0 20.0 0.0 0.0 �?.0 20.0 20.0 20.0 ' Z0.0 Z0.0 i0.0
• 25.0 Hz 20.0 ZQ.O Z0.0 4.0 0.0 50.0 _ 20.0 20.0 20.0 20.0 20.0 24.0
��1.5 Nz 20.0 20.0 ZO.Q 0.0 0.0 �.0 Z0.0 2J.0 20.0 20.0 20.0 Z0.4
� 40.0 Hz Z0.0 20.0 20.0 0.0 0.0 50.0 20.0 Z0.0 20.0 20.0 20.0 20.0
` 50.0 Hz 27.0 �0.0 23.0 22.3 2.7 ?A.0 27.0 21.0 Z5.0 21.5 20.0 20.Q
; 63.0 Hz 32.0 20.5 2�.5 24.2 3.2 10.0 32.0 32.0 2b.0 24.0 71.5 22.0
' 80.0 Nz 31.5 2b.0 29.0 �.5 2.1 00.0 31.5 31.5 31.0 23.5 27.5 2b.0
�!00 Hz 3b:0 24.5 31.5 24.8 3.9 (A.0 3b.0 35.0 34.5 30.0 28.5 25.0
125 Hz 34.0 27.5 32.0 31.6 2.0 00.0 34.0 34.0 33.5 32.5 31.5 24.5
' 160 H:. 3�.5 -20.5 24.0 � 26.5 4.5 05.0 34.5 34.5 32.5 25.5 24.5 22.5
; Zt� !iz 34.0 2Q.0 31.0 29.5 4.3 05.0 34.0 34.0 �3.5 29.5 24.0 25.5
� 250 Hz 4Q.0 29.0 • 3�.5 33.1 3.4 04.0 40.0 40.0 36.0 33.5 ?A.5 • 34.p
i 315 Hz 42.0 28.Q 35.5 34.5 4.4 (A.0 �2.0 42.0 39.0 34.0 32.5 29.�
, 40Q Hz 41.0 3Z.5 38.0 35.9 3.0 U0.0 41.0 41.0 41.0 37.0 35.5 33.5
! 500 Hz 43.0 34.5 39.0 39.2 2.8 04.0 43.0 43.4 42.5 37.5 37.0 35.5
1 630 Hz 47.0 42.0 44.5 43.9 1.8 00.0 47.0 47.0 45.5 94.0 42.5 42.5
� 800 Hz 41.5 35.0 39.0 38.4 2.0 �.0 41.5 41.5 40.5 39.5 37.0 35.0
�.1.QCkNz 41.0 34.0 38.5 39.0 2.1 C4.0 41.0 41.0 40.0 39.0 37.0 3b.0
. 1.25kHz 39.5 33.0 37.0 3b.4 2.1 C0.0 34.5 39.5 38.5 37.0 35.5 34.0
! 1.64kNz 38.0 31.5 35.0 34.5 2.6 C0.0 38.0 38.0 38.0 35.0 32.5 31.5
� 2.00kHz 42.0 27.5 35.5 32.5 4.8 C0.0 42.0 42.0 34.0 32.5 ?A.0 28.0
: 2.SOkHz 38.5 25.0 32.5 30.4 4.1 00.0 38.5 38.5 34.0 32.5 28.5 26.5
i 3.15kHz 3b.5 23.5 31.0 29.2 4.b 00.0 3b.5 36.5 33.5 31.0 Zb.5 23.5
� 4.COkHz 33.5 Z0.0 29.5 27.2 5.1 10.0 33.5 33.5 33.5 , 27.5 24.0 21.0
' S.COkHz 29.5 20.0 24.5 21.4 3.6 ?A.0 29.5 24.5 16.5 22.0 20.0 20.Q
: b.30kHz -� T3.0 � 20.0 20.5 20.5 _ 1.1 40.0 23.0 23.0 22.5 20.0 20.0 Z0.0
' B.00kHz := 25.0 .' 20.0 • 21.0 20.5 1.6 45.0 25.0 25.0 20.0 20.0 Z0.0 20.0
� lO.OkHz .:_:,20.0 ::. 20.0., •2Q.0 � �• 0.0 = 0.0 �.0 20.0 ' 20.0 . .20.0 ' 20.0 20.0 Z0.0
12.Sktlz '.�_.�: 20.0 -•20.0 . Z0.0 �:0.0 �: 0.0 50.0 20.d �20.0 20.0 20.0 Z0.0 � Z0.0
:� Ib.OkNz �:�::=20.0 "° � Z0.0 ;_ Z0.0 0.0 � 0.0 50.0 20.0 Z0.0 20.0 20.0 20.0 . Z0.0
� 20.OkHz '•�''20.0 =�:20.0 .' 0 0.0 0.0 50.0 20.0 20.0 Z0.0 20.0 20.0 Z0.0
�1 .: ..: 51.5 47.0 �� 49.0 1.6 00.0 51.5 '4 ,Y:5„� 51.0 � 48.0 47.5
�
SITE E. 906 MENDAROTA COURT- ONE HOUR.READING
� `
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��e and Time: t�5 J(�I 96 14:16
�ta Type: ��lected Ln curves
S JUN 14: l�s: 34 CM�QFF S. Time ,�L�-�PAha �. STAT HIG� CLEA� REDRAI�!
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RE�ET 15 MAS� 9� 11= 53: 2�
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R��Y Laaz Lain LE� �'�!! STDEV ZI�:D�t Lmax L10 L20 L�4 L70 L9Q
" 20.0 20.4 �0.0 0.0 0.0 �.0 Z0.0 20.0 �0.0 i4.0 20.0 2d.0
?0.0 Z0.0 2Q.0 0.0 0.0 5J.0 2t1.0 2J.0 Z4.0 ZQ.Q 20.0 20.Q
��.� rZ zo.o �o.o zo.a a.o o.o �o.o ro.o �o.o zo.o �o.o zo.o zo.o
25.0 Hz 24.5 20.0 20.9 �0.2 0.7 48.5 - 24.5 20.0 20.0 20.0 20.0 ?O.Q
32.5 Hz 29.0 20.0 Z2.5 21.6 2.3 35.0 29.0 25.0 23.5 20.0 Zt?.0 Y0.0
40.0 Hz 3b.0 . 20.0 Zb.O - 24.0 3.5 17.5 3b.0 30.0 21.5 �� 23.0 71.0 Z0.0
50.0 Hz 44.5 21.0 31.5 29.4 4.2 01.0 �4.5 �.0 31.0 29.5 26.0 24.0
63.0 Hz 48.0 26.5 35.5 33.1 4.1 00.4 48.0 38.5 35.5 32.5 31.0 29.5
F�9.4 Nz 47.0 31.5 38.5 ; 3b.5 3.5 04.4 47.0 41.t1 34.5 ?�s.0 3�.5 32.5
104 Hz 49.4 31.5 39.5 •37.0 4.1 00.0 49.0 42.0 39.5 35.0. 3�.5 32.5
125 Hz 59.5 �.5 44.5 41.3 3.4 00.0 �.5 ' 45.5 43.0 40.5 • 39.5 33.5
150 Hz 57.5 27.5 42.5 a'S.4 5.7 C0.0 57.5 41.5 34.0 34.5 32.0 30.5
200 Hz 60.5 27.0 9.5.0 36.7 • 7.3 00.0 b0.5 47.4 41.5 35.0 32.5 ?A.5
250 Hz 63.5 31.0 49.0 40.2 7.2 Q0.4 b3.5 49.0 4b.5 39.5 35.5 33.5
315 4z �1.0 34.5 52.0 43.1 b.b 00.0 61.0 52.5 47.5 41.5 39.0 37,0
4� Nz 64.0 37.5 49.5 44.2 5.3 00.0 6�.0 52.5 47.5 43.0 4I.0 39.0
� Hz b7.0 38.5 51.5 45.5 5.1 C0.0 b7.0 53.0 43.5 44.0 43.0 41.0
630 t� 69.5 38.0 53.5 44.9 5.9 C0.0 69.5 54.5 49.0 43.0 41.5 4Q.0
SCO Hz b7.5 40.0 51.5 44.b 5.1 00.0 67.5 50.0 4b.5 43.0 42.0 40.5
I.COkH�. 68.0 4U.0 SZ.O 44.2 4.7 00.0 68.0 49.5 45.0 43.0 42.0 41.0
1.25kHz 61.0 37.5 54.5 41.8 4.9 Q0.0 67.0 47.0 43.0 40.5 40.4 38.5
1.60k�lz 64.5 ?,�.5 48.0 38.9 4.7 00.0 64.5 42.0 39.0 37.5 37.0 3b.0
2.�kHz 62.5 31.0 45.5 35.4 5.0 00.0 62.5 40.5 37.0 34.0 33.0 32.0
2.50kHz 54.5 Z6.0 42.5 32.b 5.b 00.0 59.5 41.5 35.0 3I.0 30.0 �8.0
3.15kHz 52.0 25.0 37.0 �0.4 5.3 00.0 52.0 39.0 33.5 29.5 28.0 26.5
4.00kHz 41.0 71.5 32.5 Z9.5 5.1 00.0 41.0 39.0 32.5 27.0 25.0 23.0
� S.00kHz 40.0 20.0 27.0 23.9 4.1 24.0 40.0 30.0 2b.0 23.0 21.0 20.0
6.30kH� 34.5 20.0 ,. Z3.0 21.2 2.B 44.4 .: 34.5 23.5 21.5 .`20.0 20.0 20.0
B.COkHz 24.5 20.0 � 21.0 20.5 i.b 45.0 .29.5 ' 23.0 20.0 ' Z0.0 20.0 20.0
IO.OkHz 23.5 ZA.O : ` 20.0 20.1 .0.7 - 41.5 • � =.23.5 : 20.0 � 20.0 .: : Z0.0 20.0 �0.0
12.5kNz 24.0 • � 20.0 � 20.0 20.1 • �0.5 49.0 ' • 24.0 � 20.0 20.0 �%� 20.0 � � Z0.0 � 20.0 _ '
16.OkHa 24.5 �'•20.0 ' Zd.O 20.1 0.5 49.0 ` 24.5 20.0 20.0 :`� 20.0 ' 20.0 ` 20.0
ZO.OkHz 25.0 20.0 . „� 20.2 0.7 49.0 ��25.0 20.5 20.5 �. ZQ,, 20.0 20.0
1 76.5 49.0 ��� 54.6 5.1 00.0 76.5 ?52: 57.0 '�'� 52.0 �.5
IJL�L L'�L�
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' S0.0 Hz 29.5 23.0 `�21.5 D.0 2.� 00.0 •� 29.5 29.5 24.5 23.0 26.0 24.0
3 53.0 Nz 37.5 24.0 24.5 27.1 3.8 00.0 37.5 37.5 27.5 27.0 26.0 24.5
� 80.0 Nz 29.5 . 22.0 25.5 2b.2 2.2 Q5.0 29.5 29.5 28.5 26.5 25.5 24.0
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: 125 Hz ' 40.5 �� . 34.0 . 37.0 3b.b • 1.8 .00.0 40.5 40.5 39.0 . 35.0 3�.0 35.0
t 160 Hz 41.0 :• 25.0 34.0 •.31.4 4.3 `�.00.0 • 41.0 41.0 34.0 31.0 24.5 28.0
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i 315 Hz 42.5 � 26.5 : 34.5 31.2 4.6 40.0 -• 42.5 . 42.5 35.0 30.5 29.5 21.5
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4 2.�kHz " 34.5 � 71.0 -30.0 24.0 3.2 05.0 34.5 34.5 31.0 30.0 29.0 26.0
i 3.15kNz 34.0 ..21.0 . 29.0 D.3 3.8 0.5.0 3�.0 34.0 32.0 21.5 25.5 24.5
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b 40.0 Nz 31.5 Z(?.0 Z5.5 23.4 4.2 30.0 � 31.5 31.5 24.0 21.5 2Q.5 20.0
1 50.0 Hz $4.0 ?4.0 33.0 29.b 5.4 �.4 40.0 40.0 35.0 18.5 27.5 i4.0
8 63.0 }Iz 41.5 2�.5 35.0 32.7 5.1 00.0 41.5 41.5 41.0 31.0 30.0 24.Q
9 80.0 t!z 48.5 ?A.� 41.0 35.6 5.9 �.0 48.5 43.5 45.5 34.0 33.5 32.5
0 100 Hz 49.5 ..30.0 43.0 33.1 1.1 00.0 49.5 49.5 46.5 36.5 33.0 32.0
! 125 Hz 48.5 35.5 41.5 34.3 4.2 00.0 98.5 48.5 43.5 33.5 35.5 35.5
2 lE0 Nz 47.5 24.5 41.5 37.2 b.l C0.0 47.5 41.5 47.0 37.5 33.5 3Z.0
.3 200 H:. 54.5 27.5 47.5 39.8 9.4 00.0 54.5 54.5 51.0 40.0 32.5 32.0
'4 �0 Hz 59.0 33.5 51.5 41.4 9.2 C4.0 59.0 59.0 57.0 37.5 37.5 34.4
� 315 Hz G2.0 35.5 53.0 44.4 8.7 C0.0 b2.0 62.0 53.0 43.0 33.fl 36.0
`6 400 Hz 59.0 40.0 �.5 45.2 5.7 �.0 54.0 54.0 48.5 45.0 41.5 40.5
!7 �0 H�. 52.5 43.5 47.5 45.5 2.8 00.0 52.5. 52.5 44.5 4b.0 45.0 44.0
:8 630 Hz 54.0 �1.0 48.0 45.4 4.S 00.0 54.0 54.0 � 51.5 44.0 42.0 42.0
:9 E00 Hz 52.0 41.0 . 45.5 45.2 3.4 C0.0 52.0 52.0 . 49.5 44.5 43.0 42.5
:0 1.00kHz 45.0 42.0 45.0 44.4 2.3 00.0 98.0 53.0 47.5 44.5 42.5 42.0
�i 1.25kHz 46.5 39.5 42.5 41.7 2.3 C0.0 4b.5 45.5 44.0 40.5 40.0 40.0
� I.bOkHz 41.5 35.0 �.0 37.7 2.1 00.0 41.5 41.5 41.0 37.0 3b.5 3b.0
3 2.00kHz 34.0 31.0 34.0 33.1 2.5 QQ.O 39.0 39.0 3b.5 32.0 32.0 32.0
.4 2.50kHz 34.5 24.5 31.5 30.9 1.7 00.0 34.5 34.5 32.5 30.0 30.0 24.5
5 3.15kHz 41.0 29.5 35.5 33.8 3.7 00.0 . 41.0 "�1.0 • 38.5 33.5 31.0 30.5
5 4.00kHz 44.5 27.0 37.0 32.4 6.2 00.0 �44.5 •. 44.5 34.5 29.5 28.5 27.5
.7 S.00kHz 35.0 22.0 24.0 2b.9 4.3 05.0 .".35.0 :`:35.0 �.33.0 25.5 24.5 23.5
8 b.3QkHz � 27.5 � 20.0 23.0 21.9 3.0 40.0 .:�• 27.5 �: 27.5 ` 21.5 21.0 .. 20.0 20.0
4 B.00kHz 71.0 `` 20.0 � Z0.0 20.2 0.7 50.0 :. "� 71.0 :.; 71.0 : Z0.0 20.0 :• Z0.0 � 20.0
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2 15.OkHz :20.O.:r20.0 '20.0 0.0 ���0.0 50.0 :��:20.0 :,20.0�.�;;Z0.0 .•20.0 %�:20.0 -:20.0
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t'3 10.0 Hz 20.0 20.0 20.0 �.0 0.0 54.0 Z0.0 20.0 ?0.0 20.0 20.0 20.0
t4 25.0 Hz 21.0 20.0 20.0 24.1 0.0 �.0 _ 21.0 21.0 20.0 20.0 �0.0 Z0.0
l5 31.5 Nz 27.5 20.0 21.5 �0.7 2.� 45.0 27.5 27.5 20.0 Z0.0 20.0 20.0
!b 40.0 Hz 28.0 20.'J 23.0 22.! 2.8 35.0 28.0 28.0 2b.� 71.0 2l}.5 i0.0
t7 54.0 Hz 31.5 21.5 29.0 27.1 3.1 05.0 31.5 31.5 30.5 27.0 27.0 Z3.5
;8 63.0 � 35.0 27.0 31.5 30.7 Z.3 �;1.0 35.0 35.0 32.5 31.0 30.0 �.0
t9 8(1.0 Nz 38.0 33.0 35.0 34.3 1.8 00.0 38.0 33.0 37.5 34.0 33.5 33.5
?0 100 Hz 38.0 34.0 3b.0 35.G 1.3 OO.Q 33.0 38.0 37.0 36.0 35.0 34'.0
?1 125 Hz 41.5 44.0 45.5 45.3 1.0 �.0 47.5 47.5 4b.0 . 45.5 45.0 44.5
�1 Ib0 Ha 37.5 28.5 33.5 32.4 3.0 C0.0 37.5 37.5 35.0 33.5 30.5 �.5
?3 Z(m Hz 9b.5 Z8.5 38.5 34.b 4.9 C0.0 96.5 46.5 37.5 33.5 32.0 31.5
?4 25f1 Hz 48.0 33.� 40.5 37.6 .4.9 00.0 �8.0 43.0 42.5 35.0 3�.� 33.5
t5 315 Hz 50.5 35.5 43.5 40.3 4.9 C0.0 �.5 50.5 45.0 39.0 37.0 3b.0
tb �CO Hz 51.0 40.5 45.5 44.0 3.7 00.0 51.0 51.0 49.0 42.5 42.0 40.5
?7 �CO Hz 51.5 42.0 47.0 45.1 3.1 �.0 51.5 51.5 51.0 44.0 �3.0 A2.0
?8 630 Ha 52.0 41.5 4b.5 4i.3 4.0 00.0 52.0 52.0 51.0 42.0 42.0 �1.5
?9 80.1 Hz 44.5 41.5 45.0 44.1 2.7 C0.0 44.5 49.5 48.5 43.0 43.0 42.0
i0 �1.t;QkHz 41.0 • 41.0 44.0 43.4 2.1 00.0 47.0 47.0 45.5 43.5 42.5 41.0
Sl 1.25kHz 45.0 39.0 41.5 41.0 1.9 q.0 45.0 45.0 43.5 40.5 40,0 n1.5
f2 1.6UkHz 41.0 34.5 37.5 37.0 1.4 C0.0 41.0 41.0 39.0 36.5 36.0 35.5
f3 2.COkFIz ?,b.5 31.5 33.5 33.2 1.6 00.0 36.5 35.5 34.5 33.0 32.0 32.0
;� 2.50kHz 40.0 29.0 34.0 32.5 3.0 00.0 40.0 40.0 34.0 32.5 31.5 30.0
S5 3.15kHz 43.0 29.0 35.0 33.4 4.1 00.0 �3.0 43.0 37.0 33.4 31.5 ?A.0
iG 4.00kHz 42.5 ZB.O 36.0 33.2 4.6 00.0 42.5 42.5 40.0 32.5 ' 31.0 29.5
,7 S.00kH� 39.0 25.5 32.0 �.2 3.9 00.0 39.0 39.0 33.5 Z9.5 29.5 27.0
� 6.30kNz 32.0 �- Z2.0 28.0 27.2 3.0 05.0 32.0 32.0 24.5 28.0 26.0 24.0
i9 B.00kHz � 2b.5 •�• 20.Q 71.0 21.5 2.3 35.0 26.5 2b.5 24.5 Z0.5 20.0 20.0 .
A 10.W�cHz ;•;..Z7.0 Z0.0 21.5 21.0 2.2. 45.0 .,. 27.0 27.0 .,,. 22.0 20.0 ' Z0.0 20.0
�1 � 12.SkNz .�-., 23.0 � 20.0 20.5 • Z0.3 1.0 �� 45.0 13.0 23.0 : Z4.0 20.0 ' 20.0 20.0
�2 16.OkHz •�-'� 20.5 ".20.0 20.0 20.0 0.0 �.0 � 20.5 20.5 � 20.0 Z0.0 20.0 20.0
{3 20.OkHz .� 21.0 20.0 Z0.0 20.2 0.5 59.0 21.0 21.0 21.0 � Zil. Z0.0 Z0.0
�i'f .•• ' 59.0 51.5 �"5%:Q� 53.9 2.B 00.0 59.0 � 59.0 5�3� 52.0 51.0
�
_ , ._
. . � •
� ' �-SITE�12. EMPTY LOT ON SWAN COURT � ' • • � �
�L'�L^�L�L� L'�L L�L�L L�L�L�L��L��L�I�L�(��L L�L��L��L:�L�L�?L L�Lr?L'�l�I�L��L�L�L'�L L�L'�L?
' �',� S � � - = �-�,'[� �!-A A4.47 • , .
r:j '� . .
��=�L'�Lr?� L'�t��L L'�I�I�L1L L�?L��,. L�?I�L�L�L' :�L��L'�L'�L�?L�L:�LryL��� L��L L L��L�L'�L�?L L��I� :
)at �nd Time: C� JUV 9S 14:C�,� �• •-'
k�t� Type: �lected Ln curves . -. _
i5 JUh! 14: �3: 2? Oha. OFF S. Tir�e d6-1RAh! R.1TAT HIGE CLEA4 REDR�ILJ
iC+� ...............................................
$� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� - - E�FrJt�lEhITIFIL 1laE'�.E�E�Ei4�
PR�At9P G-I��EIGHT
TAT RESET 15 h1A�' �E 11 '�� : 25
. 6� - . . . . . . ,rti . . . . . . . . . . . . . . . . . . - PEha n Ln 12 16. E� Ht .1
� �. �: i MX �3.n Lr,ax 23. �.
� lE�+ ��.n Lr�in 2��. E-�
4Q --._.. -..� . ..f,., ------•- -._ . _.. .... ... � �E 2�.n LEL� 2��.6�
� i'` � -�,r-`�^-�,�� 4 ���t ��.n hlE�h�l �E�. �
.OiC 5 ?� �.�.n STDEV �.5
�� • ............................. - .... 6 9E� 2E�.n 1;llh�DLP. ��.E�
1 5 Hz 5�9 Hz �4� .�k H� � A - �Lrr c�ar�or
:QGERS_L �Ti�-TL L RGL-TBL Mt�G-TE L N GHAFIP�EL
�Ll�L'11�I�L''�L�I� Lr}L�}L�}L�l���1�L L�I�I��I�L?LaL�L'�1=�=L��L L�L� � �L�i�L'�L'�L'�1� :��
ata Ty�: Selected Ln curves •-� . .. _ - -
. ; . . . ' ' . � . . _ -�::r, � ":.. �=: �, ; ,' .. • - : • • -� � :. � .. - - - " , � ...
ote: � . � �. .. . .. .' . .. � . . � .
ATA FC� C7-��d�1 1 � ' .�� '
ample Tirc�: u. iC_x�] s� �-
Ec-�'AN : �ti.� , c_i ! 14�7 . C� dB
�(�L'ETlCY L�ax Lein LEQ t�A'! STI�! X(�E,R Laax Li0 L24 L� l70 L50
--�- y� ro.o zQ.o zo.o o.o o.o �o.o zo.o zo.o ro.o zo.o zo.o ro.0
i �.Q �.� �.� �.� �.5 49.0 �.� ��.� �.� �Q.� �.Q �}.Q
� �v.., riz 25.5 20.0 20.5 20.2 4.3 48.5 25.5 20.0 20.0 20.'J 24.0 �0.0
�.0 Hz 2b.5 Z0.0 20.5 ZO.� 1.3 �5.0 _ 2b.5 Z0.5 20.0 2{l.0 20.0 Z0.0
� 31.5 Hz 30.0 � 20.0 71.5 21.6 2.4 35.5 30.0 25.0 24.0 �.5 20.0 YU.O
• 40.0 Hz 40.5 Z0.0 ��.5 25.1 4.6 14.0 40.5 3Z.0 28.5 24.0 22.5 20.0
50.0 Hz 34.5 20.0 32.0 �.5 3.9 O1.0 34.5 35.0 33.5 ?A.0 �3.5 25.5
� b3.0 Nz 62.5 27.5 45.5 35.5 5.4 00.0 b2.5 41.5 38.5 34.5 32.5 ?A.5
' 80.0 Hz 59.5 31.5 43.0 38.2 4.5 Q;1.0 53.5 43.5 41.4 37.d 3b.0 33.5
� 100 Hz 55.0 31.5 ..42.5 39.0 4.b �.0 55.0 45.5 43.5 38.5 35.5 34.Q
125 Hz 55.0 40.5 ' 46.5 45.0 �3.2 00.0 55.0 �.0 41.0 44.5 43.0 42.0
' 1bQ Hz 60.0 26.5 �' 47.5 40.4 7.2 00.0 60.0 �.0 45.5 � 40.0 3b.�1 32.5
: 200 Hz b4.0 32.5 SQ.5 43.1 7.1 00.0 b4.0 �.5 49.0 43.5 37.5 35.5
• 2�0 Hz bb.5 35.5 SZ.O 45.2 b.1 00.0 b6.5 53.5 49.5 44.0 �1.0 38.5
� 315 Hz b9.0 3b.5 51.5 46.7 5.6 �.0 64.0 55.4 52.0 45.5 43.5 40.5
f 400 Hz 69.0 39.5 54.0 48.1 5.4 00.0 69.0 54.0 52.5 43.5 44.5 42.4
' S�0 Hz bb.5 40.0 52.5 47.3 5.3 00.0 65.5 55.0 52.0 45.5 44.0 42.5
I b30 Hz b8.5 43.5 54.0 50.0 4.5 00.0 b8.5 53.5 53.5 49.0 47.5 45.5
' E(10 Hz 67.5 40.5 53.5 47.6 5.1 C0.0 67.5 57.5 52.5 45.5 44.0 42.5
� 1.00kHz b8.0 41.5 53.5 47.2 5.7 00.0 68.0 57.0 51.5 45.0 43.5 42.�
1.25kHz 67.0 37.5 52.0 44.6 b.l �.0 67.0 54.0 49.0 42.0 41.4 40.0
: 1.SOkHz 62.5 35.0 • 44.0 41.6 6.2 00.0 62.5 51.5 46.0 34.5 37.5 3b.5
; 2.�kHz 59.0 32.0 46.5 38.4 6.3 QQ.O 59.0 47.5 4I.5 =b.0 35.0 33.5
2.�k�4z 55.0 24.0 42.5 3b.2 b.0 OO.Q 5b.0 45.0 41.5 35.0 32.0 30.5
: 3.15kHz� 55.5 28.5 41.0 35.5 5.5 00.0 55.5 43.5 40.5 35.0 32.5 29.5
•�.QOkNz 53.5 2b.0 38.5 3Z.7 5.3 �.0 53.5 39.0 31.5 32.0 ?A.0 25.5
' S.00kHz .�2.0 21.0 31.0 27.B � 4.3 02.5 42.0 33.0 31.0 27.5 25.0 23.5
6.3CkHz 35.5 � 20.0 26.5 23.8 . 3.8 71.5 35.5 28.5 26.0 23.0 21.5 ' ZU.O
B.00kHz 2b.5 ' 20.0 � 22.0 21.3 .:1.9 - 33.5 26.5 24.5 23.0 20.5 20.0 2�.0
IO.OkHz . 25.0 i. 20.0 :: 21.0 20.6 �: 1.1 :: 45.0 •, 25.0 71.5 : 21.5 .,: 20.0 .• 20.d . 20.0
12.SkHz • � �'• 23.0 �'�: 20.0 `;•; �20.0 `- 20.2 ' :�: 0.7 :;'48.5 23.0 � Z0.5 �'; ZO.d .: 20.0 • : 20.0 '::'20.0
Ib.OfcHz ' 23.0 .-. _20.0 ;'�20.0 : 20.1 ?:_ 0.5 :�49.0 _ 23.0 '.20.5 ° 20.0 � Z0.0 20.0 „ 20.0
ZO.OkHz � 24.0 " 20.0 =� 20.5' ' 20.5 '�`0.7 � 48.5 24.0 ' 21.0 21.0 ' 20.5 20.0 20.0
t1 77.0 � 51.5 ,� SB.2 :`' S.1 - 00.0 77.0 � 62.5 � 54.5 �.0
�
;:
. :_::'
���
:�� �
. . �a;�;:,
.:.:
Internal Carrespondence L1�-'
Fram Sharon Sarappa
Ta Dave Catlahan
Sheldon Silberman
s���� Noise Survey af Rogers Lake �ubstation
oate July 9, 1996
�ocation Ren Sq 8
�ocation GO 7
GO 7
Additional noise #esting at #hree residences around Rogers Lake Substation was
conducted the evenings of June June 12-13 at 848 Mendakota Couri; June 19-20 ai
906 Mendakata Cour#; and June 24-25 at 2216 Swan Court. Al! measurements were
taken between fhe hours of 1'f:OC1 PM and 7:00 AM to obtain nighttime readings.
Equipmeni used far these surveys was a Metrosanics db-604 (s/n ). This was fieid
calibra#ed with a GenRad calibrator (s/n }.
Results from these surveys are as fo!lows:
Time �ocation
848 Mendakota
�1 C} L.54
Sfiandard
45
44
43
41
4'i
45
48
50
55
43
41
4{�
39
39
41
45
48
50
90� Mendako#a
L10 L.50
52
52
52
52
5'I
57
54
53
52
51
51
51
51
50
5'!
51
2216 Swan Court
L3 Q L5Q
45
46
44
45
44
52
55
58
44
44
43
43
43
45
46
51
Note that there are several other noise sources in the area surrounding this
substation, namely airplane traffc from the nearby Minneapolis-St Paul International
Airport and vehicle traffic from I-35E. Airplane traffic in particular is a major ,
contributor #a the overall ambien# sound leveis in �his area.
Sharon
c: Lee Eberley
�
. ._
�'��" _ • — ----- .. .
Octaber 17, 1994
u1 .n� �.►i 'i/. i� �� � i..=��
�nvlvE�oTA xvr.�s t�a.rrnz �o�o
iV�NNCSOTA PULGtlZ'YON COlYTRUL AG�I�C'Y :.... ... .' . .. ...
A.IR QIIALTrY Dii�,SIUN
NOI3E POLL�EJ'I'I4N CQNTAOG
G�sfi1ERALLY
7030.U010 INCORPORAT[ON BY REF�RENCF •
Fvc the purposc ofchapter 703Q American NAkion.11 Standards institut� Specification far
Sauad �.ev�l Meters, S l.a-1983 is Incorparateci by reFerenco. Thi9 publicatian is availahle
froca the American National Standards Instiwte, 143Q Rrc�adway, New York, N.Y.1041 S and
can be found a�: the offcces cf the Minnesotn Pollution C.nntrol Agency, 19351�Vest County Road i3-2,
Roseville, Minnesota SSl 13; the Covernment [�ociunentq SecE€an, Raam 409, •
Wilson L.ibra1y, University of Minnosotn, 309 l�th Avenue South, [t�anenpoli�, Minnes�ta
55454; and the State aFMinaesata t.�w F,ihrary� 2S Constitution Avenuo, Saint �'au1, Minnesota. SS 1.SS.
This documant is not subject to frec[trent change.
Tho Fedecal Highvv�ay Administr�t�on �sublication, Sound Pmcedarvs for Measuring Highway
Noise: Cinal Itepaet, FHWA-DP,AS-1R (August 1981) is idcoi'porated by referenee. This
publieation is avuilable fram ihe Unitecl States I?epartment of Trtnsportation, Federfil
Eli�hway Administrntion,1000 North �lohe Rc�sd, Arlington, Virginia 22201 and c.�in 6e Pound
a� the ofFces of tGo Minttesata Pollution Cdntrol Agenay, t �J3S WesE Coun�y Road �-2, itaseville,
Minnesota 55113; the Government Documeats Section, Rc�om 409, W ilson
Library, University of Minnesot�, 309 [9th Avenue Sauth, Mtnneapotis, Minuesota 55454; and
the Stats of Minnesots Law LibrAry, 25 Constitutian Aveaue,.Saint Paui, Minaesata 55155. .
This dacumeat is not su6ject to fi'equent change. j �
7034.0020 DfiEtNi I'IONS.
Subpart 1. Appliea�io� The terms used in chapter 7030 huve the meanings given them in
tltis pact. ".
Subp. 2. A-weighted. "A-weightr�d" means u specific waighting of the saund prossurc
tovel for the purpose of determining thQ human nespc�n.4e tn sound. The speciflc weighting �
characteristies �nd tolerances are those given In American Natl�nal Stnnds�rds Institute�
S1.4-1983, section 5.1.
Subp. 3. I�aytitne. "Daytlme" me�tns thoso hottrs fl�m 7:Q4 am. to 10:00 p.m. '
Subp. 4. d�(A). "dD(A)" m,eans a anit bf saunct level ex}�rws.4ed in clecibeis (tiB) and
A woightc�d. •
Subp. S. DeeEbel. "Dec'hel" meacts a unit o�sound pczssui'e Idvel, ahhreviated as dB. �
3ubp. 6. Imputsive naisa. "Iraputsive noise" means elther u singla saund pressure pea[c
{with eit]ior a rise time lese than 20Q`miliiseccsndq or tntal dur#►tiou; kjss titan 200 •
milliseeonds) or mutiiple sauncl pnessnre peitics (with eittier rise times tess tfian 20U � �
miltiseeonds or tata! duration loss then 24Q mill�aconds) spaced at least by 200 millisecond
pauses.
Subp. i. L1Q. "Ll4" means the sound level, expres.aod in dB(A), which is �cceeded ten •
perc�nt of the time fo� a one hour survey, us rnea.9ured by test procedures approved Gy the `"�
cornmissioner. �
T00 3�I�0 t�OIl�RI0�h1I �I�fifld ti�d NW bS:�'Z b6�9t�t
Subp. $. L54. "L5q" means the $aund levei, expre.v4ed in dS(A); whieh (S eXc�d SQ
peracat of #ha tlm� fac a one hae�r sctrvay, n� �ensured 6y tcst pcocedures ap�ravQd by the
commissionur. . . . . . .:............. . .... . . ,
Suk�p, 9. Municiputiky. "Mnni,elpRlity" means a aauaty; a city; a taWn, a rcgianal planning
tu�td devolopment aamnnission estabtisheci ttndar Minaesotu Statutos. chapter 47�; #he
mctropol?taa council; ot� other �ovarnm�ntal auhdivision of t#te state tesponsible by law for
contralling or res#rieting #and t�se w'cthin its jnriadietion.
Subp. t0. Nighttime. "Nlg�httttime" mean.� thosc hours from X0:00 p,m, tn 7:00 s�.m.
Subp.11. Ferson. "Persaan me�ns �n�r hum$n heing, asiy m�ttt%ipal�ty ae other •
gavernmental or political su6divislan or othar public depflrtmeat or agency, any pubtic �r
privaee corporation, any {�.`�sttt4rship, f rm, �tssst�c��#zt�a} ar a#h� orgafli2�#`ttttt, �ccy raceiver,
trus�ee, ussignQe, agenay, leg�l enttry, otiier tl�n a court af law, or any legai represcntativc of
�ny of t$a iare�g;ving, 6ut does aat isKstude #fte agency.
Subp. 12. Souad prassure tcve[. "Sound pc�assui+e leveN', in deci6eLs, mearts 20 titnes
the togartthm to the �asa l4 of #iee ratio of th� pccss�sra ic► the r�ferenae presgure, '1.`ho
r�f�arenc� pnessut+2 st�att he 20 micrqpewtons par squaee meter. •
703Q.U83t3 NO[S� CONTRflL R�QtIIREM�NT. . . . . ... . . ._ ...
No persun may vivlate the staadacds est�tytishect in part 7830.OU40, unless exempt�cl by
Mianesa� St�tu#es, s�c#ian t t6.07, subdivisicut 2a. Any mt�tticipaiitY havittg authoritjr to
rc�ulute l�nd usc� shall talce a[1 reasonab(e tnes►.aure.a wi#hin im jurisdiCtian t� ptevent the
�tafablis[ttnezit aPiand usc acEivi#ias Iistet3 in noi�e � ota.��fitsntian {NAC} 1, 2. or 3 in stny
Lncation where the standards �biisk�ad 1n part 703Q.AA�tO will6o violuted immetliataly upon
c�$tablfshtztertt oF#txQ iand use. •
743U�t)0�40 NOISB �TANDARDS.
Su6pnrt t, Sccip<s. 'I`hese standards descrik� t#�e limiting ievcts afsouad vsi�bti$�ex! on
iha baeis of pres�nt knawledg� for tha greservnNnn �f �uhtic hculth and welfaco. Thcse
standacds are consistent with speeah, :alsep, sru�oytyuce, atld it�at�ng aonservatiott
requicements for receivers within ttr�as grauped uccordIng to land aetivities by the aoiso �rea
ai�ssi�aatinn {NAC} system ast�6lished in part �ti34.405{#. �IawBv�sc. th�sa �utd�rrds dv not�
by lktemse�ivea, identi�j the limiting t�vets nf impuisive naLse needed for tho preservation bf
public health a�c3 wetfare. Noise sttt�rds in �uhpart 2 appty to ati soarces.
Su6p. 2. Ititvise standa,rds.
Naise Acaa Ct�ssiFicatian
1
2
3
Daytime
� �
�a ��
63 70
�S 80
i�iighttima
��
5� SS
ss �o
1S � St1 . ... ..
703Q.Q054 N�ISE AR.�EI CT.,AS5[E'TCATfON.
Suk�part 2. Appficabtlik�r. Tke �►oise ure�► ctla.�itication ts based an the land us� activity at
tha [ocation of tha rece�ver and determines ihe noise stnnd�+ds �ppiicaiate to #I�►t tund use
activity uales$ an e�cceptioa is appli�d undec suh�ae�rt 3. '
Sabp. Z. Noe'sa urea classi�catians. The nolss areti clussi�c.�tiaiis �sitd thc activities
inoluded in eaah clasaificsition are li�ted lielow:
�a
t ._
. . . .... :............. . .._. . . , .
Noise Are.a Cidssi�"tc�tion - i
j,��j,�J.�� ativ�ties
Hausehotd Units(incfudes farm houses} Groug qttarters
Itesldenttal hotels. Mabile hat�e p4rks nr cc�ur�g
Trnzrsiant iodgit�g Ottier res#�enti�t
�tol�on piakrare praduction Medicsl and other health secvices
Correctiartat instetutians Educsationat servtces
iteti�ious activiticrs Cultura! activitics and c�nbirc axhebitio�s
�tcrtait�ment �tsse�nbty Campittg suui �icnick�ng areas (d�sigaated)
Ro�arts and group aamps Other culturni, �tttertttiqment, $nc1 recreatidnai sativities.
Nai�e Area Ct�sai�cation - 2
l.�ti.d J�.A�t'i�c+ � -s
Railro�d �rmin�ls {pass�nge�} RailroAd terminFtls {p�sengar snd Fraiglitj
�us passenger tarminals (iabercity) Rapid ratl trAnsit nnd.atreet r�,ilway pa�.qengar torm infils ....
Bus passeager ts�rn�t}nAls (tocat} Aa4 �sa.�senger terminals �intercify snd loca�}
Othe� mal�ar vehtcte trnnsporkntion Airpod and flying field term{!n�ts {passenger} •
Marine #erttifnsis {passanger) Air�sart srrd iiying f eEd #erminals {passenger 3nd freigitt}
Automobile parking M�trine tarminals (pa�engec und freight)
Teiegrs�ph messu�e eentsrs Tr�►�s�ciatrc�n qervioe.4 scid arra�tg�ments
Wholesale Irnde Ret.�it trade — hrtildiag materiwts, ht�ndware, and furm equipment
Bctait tr�tde — �enexa! marol�andisQ Retttit #rctd.� --.food..- ...,... .. . .... . . . , . . .
RetaI[ trado �-- nppttret actd Accessor'res Rc#ail tr�da -� Ftu6omotivey marine crat� aircrat� and accessories
Rstai! trade —�tsng and Qrit�ting R�etai! tr�cie — fitrnitu�, hnme fumishings, and equipment
�thar retall trad� Fitzunee, insurattce, a�ud reai estaie services
Pereonai services Buslnese servioes
Repsir sec�vrices Lcgat sarv'sces -
Othar professtonut serviGes COCttrnct CQtt5ti'tlCtl4n g�rviCes
Gav�rnment,�t services (excepi et�xrection�l instituti�ns}
MiscelluaGous sorvices (a�c�cegt religlai�s atctiviti�w
E'u61ic assett�biy {e�ept satertainsnen# s�ssem�ly �nd r�e frack.a)
Amusements (ex.�ept fp�irgravnds and �►musement �trks)
ReareuEionat aativiti�s (axcept desiganted cnmping aad. pi�nioking aroaa}
Parks, •
Naise Area Classificatio� - 3 '
�t1�i [1eo 4�iYi ies .. . . . •k:.. . .� ._ .. . . � .
Te.xtife mllt producis -» m�tnettztciu�ing I�aod and kic�cicad pradu�� — rnar�ufaoturing .�
Feirniwre aad fixtures ,� mnsiuf�ctudng Paper aad allied procivats -- manufacturing
Hi�hway astd s#ceet sigttt-of-w�� Printing. puhiisttin�, t�nd allied i�tdu.4trtes
Utililiea Fetmleum re�niteg tend relatdd industries
�'ritn�ry ttt�eta) tndustries Ckesmicals an�i alllod praducts — manufaeturing
Ruce tr�cks Rubbor uttd mi�Etut�eous plAstic prociucts •- +nanufacturing
�surgresust�cls and ameisernent p�tka St�no, clay, and gi�ss'pi'aduct's �- m�u�ufncturing '
h�riouttcs�ttt! F�bricated ma�tat products -- manafaoturin�
Agci�uttu�e►l attd re=tated aetivities I.tuttb�r attd wcicsd pr4duets (except furnifure} -- mnnuf�oturirrt,�g
F�ishing aettvities attd rei�t� servlces Mi�tin� atstivities and reslated sar�iees
Ot�er res4urce pnaduction and extr�tetion `"�
K3
£00 3�I� hl�Ilkf4l2l0.�lI �I�Hf1d d�d h�l SS�£I t�6/8Li0�
Noise AreA C[�ssitication - 3
�,nnd Use Aativities ' � �
Miecellaneaus manufacturing (oxcept motion picture prcyciuctinn)
Apparel nnd other Rnished groducts made fram fabrics, tet�kher, and simi(ar matorials — manufucturing
Professional, scientiftc, and controllittg Instruments; .
photographic and opticai goads; watches �tnd olaatca -- m:►nuFaCtw'ir►g - .•
Rceilroad, mpid transit, snd st�t railwAy tr�t�spvrtatinn {e�apt pas.gonger termiruils).
Motor vehicle transpartatlon (ex,cept pstss�et��r terminals)
Aiccraft traaspactutidn (except pnssenger termint�ls) ,
Marine'craft transportution (exoept p�ssenger tind freight terminalR)
Cornmunicatlon (�xcept tslegraph mvssagc centers}
Other transportatian, communlcation, and utilities (oxce�t tran.sEsortation,service.v aad arrangements)
Forestry activities And related servlces (including cammercial forest land, iimher production. �nd ather
rclated aotivities)
AIF othcr activities aot otherwise listed
Noise Area Classification � 4
i.nnd Lias �lctiv��iS�
Undeveloped and unused land ttrea (�c,cludingnoncommcacitt.l•fore.skcievetnpmont).
Noncommerciat Porest devetapment Wator areas
Vaoant floor ares Under construction
Other undeveloped land and wutec aress,
3ubp. 3. E+xccptions. 'C`Ite ao�se aroa clnss�cation for M lnnd ��4e may be ahanged tn the
foltawing ways 1f eho applt�able eond�tions aro mct
A. The daytimo.staadards for noise area alassiiicatian 1 shsilt be r+g�Eieci tn nais8 area
alnssific.s,tian t during tha ni�ttime if the land use activity doe.s not include �vernight lodging.
B. '['he standards for a buitding in � noise area classiiication 2 ahnl! be applied t.� s�
buiiding in a noise area cIassification 1 if ths fallowing canditions are ma�
(1) the tsuilding is construated in such a way that the exteriorto interiar st�und tevel
sitonuation is ut least 34 d8(A); '
(2) the builcting has year-round cCanstbe cantrol; and . •w: ... • . .; .- .. . . . . .
(3) the building has nn araas or s,tccommodations that ara inte�tded for o��tdoor Activiti�.g.
C. Ths standurds for a building in a noise acen alassifieation 3 shall he applied to n
buildiag tn u noiso a� c[e�ssiRcntian 1 if the fallawing oenditlons are me� .-
( i} tho butldiag ia coustrncted in such a way tfutt the exteric�r tn intariar sound lavel
attenuation is at least A� dS(Aj;
(2) the building Iuis year-round ctlmabe control; and
(3) Ehe building !�s n4 aress or aocommodAtiot�s'tl�at arti"intgnded �for outdoor activities. '
D, The standards for a buiLding in a nolso acca clftssi�c,�tion 3 shali be up�lied ta u
building in a naise area atasslfi�Ci�t 2 if tha follawtng conditions ate me�
(1) tho building is constracted in such a wAy thnt the exteriar tn interinr sound level
attenuation is at least 30 dB(A); .
(2) the buildis►g ltas yaar-round Ciimafe control; and
(3) the building has no areus ar acxommodatiot�s that ara lntetvded for oatdoar activitie.� f__
b00 3'J I��0 NO I 11�W2lO�hl I� I�IHf Id li'Jd hAJ 9S =£t ti6/8T/6 Z
�
743Q.00GO MEASUREMENT METI��DOLOC3Y.
Subpart 1. Moasurement location. Moasurament of sound must be mncie at c�r withi�t t{►e
applicable NAC at the potnt of htaman activity which is netuest ta the n�i�e source. A!1
meusuretnents shall ba made ou6doors.
Subp. 2. �quipment speci�oations. A[! sound I�ve! measuring devices micst meet Type
O, I, lI, vr S spectfioations unde� Asnerican Natianal Standards Instihtte S 1.4-19A3_
Subp. 3. CaEibratlon. All sound level moasuring devices muat, at n ininimeim, he
exbarnally Feld calibrated before and af%r manitoring t�sing s� csilehratt�n device oF known
frec�uency and sound pressure level. ' � : ' ~ •• ' '� '- • •- �
Sub�. 4, Measuroment procedures. The following procedures must he u.ved to obtuin
ropresenmtive sound levot measaremen�ts: '
A. Measucements must be made At let�st thres feot off the graund or surf.-tce attci away
from naturat oc arti�cial struaiures whicll wc�uld pravent an accurnte measuremett�
B. Measuremeats must bo mad� usiRg t1�e A-weighting and fast response chnrncteristios
of dte �aund measuring devlce tts speeified in American Nation�l �tandarcis Tnstitute
S i.41983. ' • • . . � . .. . .
C. Mes�surements must not be made in sustaine@ winds ar in precipitation whteh rQstd�s
in a difference of less than ton deciGc(s between the hackgound noiso tevel and the naise
sourco heing me�tsured. '
D, Meseurements must be mado �sing a inicrophotte whic}i is �srotected fram ambient
concfilions which would prevent an aaaurnte mensuremenk
Subp. 5. Data docum�ntution. A summary shect fvr a!( sn�tnd teve! measuromenis s(wll
be comptekecl and signed by the person makSng the measuremenls. At a minimum, the
summury sh�et ahall include:
A. ciate, .
B. time;
C. tocation;
n. noise souroe; .
�. wlnd apeed arid direction; . . .
�. temperaturo;
G. htunidity; -
H. make, maciel, and soriAl nurnbar af ine.�.4uring aquipmen�
I. �ield eallhration resul#s; � �
J. monitrared tevets; and •
K. site sketch indioatin� noise sourcv, meaRarement location, directians, distances, and
obstructian�. . ........... .. . . :. . . . '-
7034.OU70 SOUNp ATTENUATI�N MF:ASUREMENT MBTELOD�LOG'Y.
Subpart 1. Pucpose. Sdund level maagurements muda fc�r assesving saund attenuutioa
aa spociFod in pare 7030.0050, subpArt 3, item 8, C, dr l�, shall he msde according to the
requiraments of this purf.
Subp. 2. +E,�uipmen�. '�e equipm�nt shall me�t tha requirements specif�ied in piut
7030.0060, subpart 2.
� --
�
�
Subp, 3. Calibrntion. The ec(uipmont must meet the calibrati�n raqttiremerlts.speci�ed in
��ut 7030.OU6a, subpart 3.
Stibp. 4. Measurement procedum. The mea�urement hr�cadu�e descri6cd in
FE�W�DP-45-1 R, sectivn $ must 6e uscd foc detecminaH�n �f thct s�und attenuution.
Su6p. 5. Equivalent meth�ls. Methods equivs�len# tn thoae desccibed ia subpart 4 may
be used provid�d thcy s�re approved by the commi�.aioner of the llrtinnesots Pailution Control �•
Agency. Tlte commissioner shalt upprave an alternativc me$iod if tha cemmiagionor fincls
tha! the method witl produca representative ctata snd r�ults which ure as reliable as tho
met64ds speoified in subpart 4. .
7834.0080 VAftCAIVCS. . . . . � • . , .. . .. , . ,
If, upan written appliostian of t.�e reshnn.gibto persoa, tfi.e ngen,cy finds that by reason of
excoptionAl circumstancas strict cdnfermity with any provisions of an,y ttoise tu►e would Ctwse
undue hardship, wouEd be unceasonable, Impracticnl, or nat feasible tutder the cu�cumstances,
the agency muy Etermit a variance upon the cnnditi�ons and wttitin tf�e tlma lImitatlatts es it mfty
prescribe for the Prevention, cont�al, 4� ahatament of aoise pollution in harmony with the intent
of the stata �►nd any applicablo fcderal (nrvs.
The aEoramentioned has been provided as an ttnofficial copy of ttte MPCA naise rules cha�ket' 7030.
These ru[es currently refleet the MP�A's facmer s►ddre.as in Rnsavitte. 'I'he eucrent MPCA addross is,
520 LafAyeEtt Raad, S� Paul, Minttesota, SS 155-3898. To rec�iiest an �fficisl capy af the noise pollution
control rules please contac�
Ti�e I.egisktkive Rovisar oPStatutes
700 Stute 4fF"ice �uilding
!00 Constitutioa Avenuo
S� �'aul, MInnesota �5i55
Tolophona, 29b-2868
Tvlt Frcc;�„ 1($00}62?-3529
. . . .,......•:---�� . .... ..
G�
�
f_'If1fa 7'1T _I_Ifl \tPiT 11-II.I11r1_riIT '1T"'IQf1 1 un t tll l Il�.f^r L.r MT M. T
�
. __
4
.�
MPCA standard
North
East
West
South
Rogers Lake Substation
� Sound Level Survev
L50 readinqs
Davtime (7AM -10 PM) NiQhttime (10PM - 7 AM)
before after before after
60 60 50 50
45.5/48.5 39/45
47 not a licable
44/53 50/52
53/57 43/46
Notes:
1. Readings shown are the minimum/maximum readings taken during the period where
more than one reading was taken. '
2. Daytime readings were taken on June 4 and 5, 1996. Readings on June 5 were �
higher due to heavier plane traffic compared to June 4. Nighftime readings were
taken on June 13 and 19, 1996.
3. We expect approximately 2dB(A) reduction from transformer removal.
4. The berm to north will result in a 2-3 dB(A) reduction to the northwest.
5. The wall on the west will result in a 3-5 dB(A) reduction to the west.
6. L50 means the sound level, expressed in dB(A), which is exceeded 50 percent of
the time for a one hour survey, as measured by test procedures approved by the
commissioner [of the Minnesota Pollution Control Agency.]
Actual survey sites are shown on the attached map entitled "Rogers Lake Sub Noise
Monitoring Sites."
Approved and certified: �— P�'/33i �
Sheldon Silberman �/�6/s�
Minnesota PE 13328
6/25/96 NSP SNDSRVY.Dt}C
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!
CITY OF MENDOTA HEIGHTS
7uly 12, 1996
To: Mayor and City Council
From: Kevin Batchelder, City Ad ' r
Subject: Request from League of Minnesota Cit�es to Fund Right-of-Way Work Plan
DISCUSSION
In recent months, public right of way issues have been a"hot topic" among local
governments due to the lawsuit filed by U.S. R�est against the City of Redwood Falls
challenging the local control of public right of ways. (Please see attached LMC flyer entitled
Common Questions about public rights of way.) To respond to this issue, the League of
1Vlinnesota Cities, at the insistence o£its member cities, is proposing to put together a work
program and financing plan to count�r the challenges to local control of rights of way.
The League of Minnesota Cities is requesting that each member city contribute to the
cost of developing and implementing this work plan. The LMC has estimated that the total
cost for this work plan is approximately $325,0{}0. Their Board has put up $125,000 and they
are requesting that member cities cover the remaining $200,000. They are requesting $771
from the City of Mendota Heights, as our suggested mini.mum payment.
Please refer to the 7uly 2, 19961etter from the League of Minnesota Cities requesting
our participat�on in this matter.
If City Council desires to participate and fund our suggested minimum payment of
$771, or more, it would be charged to the Administrative Contingency line item of the 1996
Budget.
DISCU55ION
Consider the League of Minnesota Cities request to fund the Rights of Way Work Plan.
If the City Council so desires, they should authorize an expenditure of $771, or more, to be
paid from the Administrative Contingency.
.�eague of Minnesota Cities
C'ifie8 �romoting excel%nce
July 2, 1996
�r�� nrvee���r�����e��m
145 University Avenue West, St. Paul, MN 55103-2044
Plione: (612) 281-1200 • (800) 925-1122
Fax: (612) 281-1299 • TDD (612) 281-1290
Dear Mayor Mertensotto and Members of the Mendota Heights City Council;
By now, you are probably aware of the rights of way issue facing cities in Minnesota. US
West's challenge to local management of the public rights of way is one of the most critical
issues cities have faced in years. It was a topic of considerable discussion at the Annual
Conference, where member cities supported the League Board of Directors decision to move
forward with an aggressive work program and financing plan to caunter this challenge. We need
your city to make a special payment to this fund and help put the work plan into action.
The work plan developed by the Rights of Way Task Force and approved by the Board could
cost $325,000 or more. This assumes that a large portion of the work plan will be coordinated
by and implemented through League staff. The Board has agreed to allocate $125,000 from the
current League budget for the work plan and is asking member cities to voluntarily pay
$200,000.
Based on your city's 1995-96 League dues, your suggested minimum payment is $771.
Please consider this request in July and submit your payment by August 15, 1996 if at all
possible. If each city meets their minimum payment, the $200,000 target is reachable. However,
because it is unlikely that all cities will join this voluntary effort, we encourage members to
allocate more if this initiative is of particular importance to them.
Two important points should be made: First, this is a voluntary payment. As a member of the
League of Minnesota Cities, you are not required to take part in this effort. However, if total city
payments fall significantly short of the $200,000 goal, the League will not be able to fully
undertake the work pian. Second, your voluntary payment should not be confused with your
League membership dues which will be billed at the beginning of September.
The Board of Directors and I understand that this issue must be weighed against the priorities in
your city. However, we believe that the prospect of losing local control of public property
warrants this extraordinary effort. This is a complicated issue, please consider it carefully.
Enclosed is a brief information sheet to help you in your deliberations. If you have any
questions, contact me at (218) 643-1431, League Executive Director Jim Miller at (612) 280-
1205 or (800) 925-1122, or any member of the Board of Directors.
Sincerely,
i��� (.^
Blaine C. Hill
President, League of Minnesota Cities
cc: City Manager, L��11�.1��'P���P��,�,��,FIRMATIVE ACTION EMPLOYER
r%bE
,
�eague of Minneaota Citiee
C"ities promoEing excel%nce
Common questions about
public rights of way
Why did local management of public
rights of way become such an issue?
/� In February, US West challenged a
��Redwood Falls ordinance that set standards
for installing fiber optic cable in the public right
of way. The ordinance charges a small per foot
fee, requires the cable to be encased in concrete
conduit, or, if that isn't done, limits the city's
liability in case the cable is damaged. US West
asked the Minnesota Public Utilities
Commission (PUC) to take over jurisdiction of
city rights of way, and set aside any local
regulations. Then, US West sued the city of
Redwood Falls in District Court. US West asked
the court to prevent the city from enforcing the
ordinance, and allow them to iay their fiber optic
cable pending resolution of the matter before the
PUC.
Didn't the District Court rule in favor of
Redwood Falls?
/� Yes. The League intervened on behalf of
�LRedwood Falls early in the proceedings and
hired outside legal counsel with expertise in
utility law. Those efforts paid off when a Fifth
District Court Judge dismissed the lawsuit
brought by US West. In the order dismissing the
suit, the judge stated essentially that the state law
creating the PUC authorized it to regulate
telephone service providers but did not take
away cities' right to impose reasonable
regulations and to charge a reasonable franchise
fee •for the use of their streets and services. The
judge wrote "...The public utility commission
regulates telephone companies, not cities."
nDoesn't that settle things?
�J
A`Not necessarily. The District Court ruling
probably will have little bearing on the PUC
ruling, which is expected later this summer. US
West may also appeal the District Court ruling.
Regardless of what happens in these two arenas,
the Legislature will be looking at this issue when
the 1997 session begins in January.
YVhy is this such an important issue?
/� The implications of this case are enormous.
�LAs deregulation and competition among
teleEommunication and utility providers
continues, there will be more and more demand
for access to the ground under city streets. All
kinds of businesses and utilities make use of that
scarce space - telephone companies, cable
television companies, gas companies, power
companies - and so on. If cities are not allowed
to manage the use of the right of way, streets
could be torn up regularly and underground
facilities could become a tangled maze. Imagine
your city completing a major repaving project,
only to have the street torn up by a utility
looking to install lines. Imagine the phone calls
to city hall from irate residents if streets are
blocked off two or three times a year. Imagine
your frustration when it becomes obvious that
local taxpayers are being forced to subsidize
private industry and pay higher taxes to build
and maintain city streets.
QSo what is the League of Minnesota
Cities doing?
AAs the magnitude of this issue became
clear, the League Board of Directors
appointed a Rights of Way Task Force to look at
what should be done. Through the course of
several meetings, the Task Force developed a
work program that involves legal, legislative,
and public information strategies to protect
cities' role in managing the public right of way.
The Task Force estimates that full
implementa.tion of the work program could cost
as much as $325,000. The Board has agreed to
finance this work program by allocating
$125,000 from the current League budget and
asking member cities to voluntarily allocate
$200,000.
Q$200, 000 is a lot of money. What is the
League going to do with all of that?
/� The work plan includes legal
1-'it�epresentation, work with legislative
leaders, and an extensive statewide public
information campaign. While League staff will
take on the bulk of this work, it's likely that
outside assistance will be needed.
QHow did you decide how much you want
our city to pay?
�Your suggested payment is based on a
ercentage of your city's 1995-96 League
dues.
QDo we have to pay? How will the paym
affect our dues?
ANo city if required to pay. This is strictl
voluntary payment. Also, it's entirely
separate from the League dues statement your
city will receive in September.
ent
What if our city decides not to pay?
�
/� That's your choice. As a member of the
��League of Minnesota Cities, you are not
required to take part in this effort. However, if
total city payments fall significantly short of the
$200,000 goal, the League will not be able to
fully undertake the work plan.
nCan our city pay more?
�t
ACertainly. In fact, we encourage members
to allocate more to this fund if this initiative
is of particular importance to them. If all
member cities meet their minimum payment, the
$200,000 target is reachable - but it's unlikely
that every city will join this voluntary effort.
QAfter we pay, how can we stay up to date
on the issue?
AWe will keep you informed of any
developments through articles in Cities
Bulletin, direct mailings, and broadcast faxes.
QClearly, our payment is only part of the
solution. What else can we do?
�The best thing city officials can do is stay
nformed, and pass that information along to
as many others as possible. Discuss rights of
way with your local editors and reporters; make
local control a campaign issue for your House
and Senate candidates; tall� to your local �
Chamber of Commerce about the business
impact of torn-up streets; let taxpayers know
you're working to protect their investment in
y a streets.
nI'm still confused. Who should I call?
�J
� If you have more questions, please contact
i`�League Executive Director Jim Miller at
(612) 280-1205 or (800) 925-1122, or any
member of the Board of Directors.
;?
i' t�l i i � i:�
uly 11, 1996
TO: Mayor, City Council and City A
FROM: Guy Kullander, Parks Project Manager
SiJBJECT: Trail on Victaria Curve from City Hall to Hunter Lane
� ��
City Council directed staff to determine the cost and feasibility to prov.ide safer
pedestxian and bicycle tiaffic on Victaria Curve. Tr�ffic voiames have increased since the
completion of the MnDOT Mendata Interchange Project which extende� Victaria Cnrve to the
west connectiug ta I�ighways, 11Q, 13 and 55.
West af Hunter Lane the ��tnDOT pmject canshucted a roadway sectian that consists af
a twelve foat wide driving lane in both directions with a six faot wide bituminous shoulder
with curb and gutter. This six foat shaulder pmvides�an adequate "safe" area for pedestrians
and cyclists from the traffic lanes.
To improve safety canditions east of Hunter to City Hall along this madway I
recommend that a separated tiail be constructed fmm the entrance to the City Hall Pazking Iot
and continue westerly 65Q feet and then "bend" towards the road becoming a widened shoulder
far 600 feet where the trail would meet and end at Hunter Lane. This design was arrived at so
t2�at the existing ditch drainage could be retained. To significantly alter the ditches would
require the installation af starm sewer pipe which would incmase the project casts. .Another
factor is the steep slope adjacent to the pond/w�tland. A separated trail would require dif�iicalt
to acquire fill material. to impact the wetland which would require special permits fram tb.e
DNR and Corp of Engineers.
Estimated casts for this 1250 fooi trail segment is $2� to $25,OQ0 which is $17 to $24
per lineal foat of trail canstructed. The attached drawings inclicate the proposed trail route and
typical cross sections illustrate how the trail would "fit" with the conditions along ths roadway.
* �.s � i... i ���-__�
If Council desires to pznvide safer conditians far cyclists and pedestrians on Victoria
Curve irom Ciry Hall westerly to Huner Lane they should direct staff to prepare construct�on
plans and specificatians and to advertise for bids. Council may wish to designate a funding t_
saurce for this improvement at this time.