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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 � ,, x.� . °� : 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 r�.: �: n, �val of List of Contractars <<-" o: ` Agproval of List of Claims .< t. �= �� End af Consent Calendar ��- ��� d. Public Comments � �3 ', W�('r.� .. � . , -K ��; T, �id Award ��` � �, , 1996 Slurry Sea1 Project (Available 'hiesda.y) � �; , ,� _ �s,�. : � , ��,: :� ;� ._ r -- �: � .� �•� �� ��.' : r�. 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. � , ._ 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 '•�: � �� Ci�y oi 96a9 t.�- ,��,.,�,�,.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 0 1. z, 3. 4. S. 6. '7. � ` 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. J• k. 1. m. n. o. 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 , .� ✓ d�Gt �.c,,�c� ��u.c� et � 5,. �.�. r,.'���.�r r c� P�sbjic Co�m_entc c �._ c �.� . � 1996 Slurry Sea1 Praject (Available Tuesday) � -- 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. • t ._ /� l,� 2v � � Z 3 G o^� c,v G �, � 6G s.7 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 ` 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 � 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. � 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 � 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. � 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. � 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 't' '^,�i � 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. 1 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 2 � � 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 � 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 ��� � t• - 1 � , =. - 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. 1 n � 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 r.'7 � 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. 3 ; -- � 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 � 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 � -- .� 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 � 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 ' -- 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 �. � � 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 � � (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 � '� 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 � r.. � � 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 �t.,,�.s. ,...o: .ai,: , . . , .. .. .. . , .<. , . ... .. • ' . i . ?t; w' };��y„ :'�.:'a.- •: Y•.,'.�_`2•, y,.:S, � ..iar. . .. . . �, • .. . „ :� `i "y ".'�.'� V. »,;�i`' .�i7S'M ;pis .. ,,`�'.. � � 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 �� 311,535 300,$35 502,164 / A' �. :2 Jul 2' Fr i 9: 4'0 , Temn Check !� ber 1 :.; , . � , . . 7�. �r Vendor :vame 1 A7&T � . �a>.x�' :..H":... r ' .�_j��^. •����,,:;�,_.:�v. . • . �tals Temp Check Number Cheak :�:umber 2 x��: , h ` _ g Aii^ Toucti Cellu?ar 2:? pir.•Tourh Cel lular 2 Air Touch Ce2lular � Air Teuch Ce22ular 8 ;..;x� .�45*, . , r. . ta2s`;'1'eina � Check� Number • . YS.n. j,;,. w't . " . 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F}�;A�)� w�, .. 2 r.5et'bi�'d9�.aa ,.ef.;a:H . �i� ��.@�' � a:,�Mr.�.K:Lx.. ' ,.,� !v 5 ''��,. {s' `"> . , -_..__ �`a���`t '��°>�' b,.�;��;;. �p dx,�'.�i: vti . , t � � � , , 4e �Q� �e�^" y �/`4;� r �Z=1 Claims List City of Mendota Heigt. � Account Cc�de 0 Page 15 : < �ek Number 96 ---- —"' '— ;; j - . • - . 3ic,�y � ' � �� t t�7 ,,...�__«.„.. _ _.� _.�. __.....,_ .�__._v.........__.__..�......_._.. 'f7 . 1.� .i� .]8%S �7'`xL. ti..�i Iid,.- MANUAL CNECKS ,'- f : , ....�.—_.....�...._...._........._.._..__.__.�..___...�....�.�_._...___ �—.....,..��.e_.......�___..._.�._..«....�._.,.....�.�_._.�..,..__�._�___,.,�..._._,..... _._. »....._.. ..�.».. ........ _ _�......____.... I��j Al��l �•620.�45U S Post 4ffice sewer bilis . ' � .�k' . __ ____ 41430� rS:Ob Dakata Gounty, notary fee ;�; 1431-""-9a'R'-.DO-'MSF�-------- saftbal`I '.i _...,._ ..._..�.------__.__,._......_.__. _... '::� 41433 380.00� " ' " � J7' 15908 I09.00 Caere Cor software update � �'�� .. ..___ __......_.__..._�_ �<< --• ----..._._.A__.___�,_�-,.._-_"'-15909_...._.__ZS7.66�"CimmT-Asphalt�_._�. wear mix� .-.� __.__...._. _ ;ZS 15910� '. 3,81•1.91• State Capitol CU lf5 payroi] ' !?�j , 15921 13.84 PERA . . '� _,...__._..._. .,.._.. __�.___.-�..—_.....��5912,_`_.."_8.946:16'..._.._�;---.�. -- - ---____...._._.���_.....�._-•--- �-----.. _.__ .,..-•- _._.. . ...._._... .... _.....�„� 15913 250.4Q Great West L& A ° >��= 15914. 1,155.1� ICMA " �,.� _...____.__ ;,;, - - ..- --•-__.__._,..----"`"'_15915�"'-'-7.;O10:0U-'Minn�Tlutual'� ""'--�--__�---._„�_ .....�._._---__..__._.._.. .__ ._. _. _...___..� ;� ,15916 245.00 � t�inn State Reti►^ment " �~ � fs I59I9 - 2G&.40G;Dakota County " i„� -- . �_ �.._.__ • ,�. _._ _____�. _....._ _. _,_._ __. _._. .. _ _ . ,_.._.._.._ _.._.�- - -�`1Ta9I8-"�"405�D0 �'UakotaBarik; i���._��. T � S " 15919 3,882.30 Comnissfioner of Revenue " �. .. � I592Q �17,355.4I Oakata Sank " �� _.r ..___.� 2892I-'-"`50�327.95`".P2yt�o`l�_a�c�...r_.__Y_....�_._......____...._---_____�...._.._._______._._. .._. ____....__— i< I' � ... «�.«......_���.� '�� ' �vn! _.._ _ .��..�.�._.�i8,956.'22._. _.______... _..�..... .___. _---• -. �,�_._ —._. .. __ __--- --_.__---_. , _�_ ... . �<>1 ;,.. . ,<� G.T. 1,676,428.65 . • <,�, ...____. __ .. .._._._.. -------_ ._----_._..----.;__.-•------__... -.- ••._.._______...__.___..__.__._.�._____.__-----_.._ ._ , ---------•--.._._ ^___.__...._---_�._. �..,,� ' . . . j!•G! � _..w.�__..... . _�d_�.....__._�....._"_'.._..._.__.....__.,_._.._.�__._......._,�,_�._.._ e.��,_�..._ . _. __....�..�...» "._.' _""�` I5'_,�. M ,": �e 'oa'� ` � • r 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 ••+s� • STREETS PRC?POSED ECiR SC.URRY SEAL NO SCALE � a: n ■� �i�y o� � 96Q9 f.-- �,t,.��t,�1 1V3.endo�a 1996 SLURRY SEAL PROJECT Heig,ht� � 06/17/96 "I101 V(CTORtA CURVE • MENDOTA HEIGHTS, MN S5ii8 (612j 452-185Q MSM s'i t 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. ;� . ._ i��`''".�„"j ; ; ,�"' _.-,,,.,, ,-•�. ,..��`��il;�4i"` :� . c....... ' �:ae_�.<d..i:..., :+ , �Ju[. � � �sg� ::: - !:i L.� L�"i �4 ���J 1�,,,,,�; ,. . �����o�a��u�..e�..�............ _ 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 � � s� � �i�-+cya[.�(,l i���'� � t � . �T�.a2' `�' �b��'-� ,��-�'.e�, .,�v-�-� -�-�--��-� c � . O �� U _ �- ` � �� � � . ��� � ���� �� ,______.____� a;�'.� � � �=�- � ',.��` �, %�=-��{��-- �� - ��- .���� � �� G�� � � � ._ ���� _ � W � , _ :z-�� �' `�'x-e-Q_�-� a %�c�.-,G(.��-c.`c�..,�,, �,i'��._.,�. r C�-�c..� 4�-�'�,.�,. � � 'c'f..e. -�c„�:� r / � ' * _. �. , � 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. p6-�1-199b 01�4�PM FROM LarDavLab-ProdiPurchi5erv � �"`�T.:-= s'� �', c . �:. artd Tirt�; •23 Jt.�t 9b �.4:45 �-� rype: s�lect�ct t�t �u�,re� TO 0 22 f �rit 14�: 05: 03 _ ON.�F� _ 5. TiM� . �iS-SPAhI R. �TAT _ . . � . . 1b123.�7c�J42 t='. k12 - ���Ln��t��u��� G► R"T'A A4�.47 HIi�E. CL_EAR i�EURAW >> 5�30. t99O+0 �� ...................................,......... .. 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EMPTY LOT ON •ROGERS" COURT '�L�L:�L�� L'� :�L L��LnL� L�L�L?L'�l�L��L�I��L; L'�L��L'�L�L11 �L Lr?L�:jL�;�L�L� L'1Lr+L��L��L�I��L�L��L'� ,�:�- , - . D��r' I � �`C�i� F=i`�� A4.47 �< �L�L�L LnLr?l�l��LnLnL L L'-?L�L�LryLnL��L��� L�L Lr:�L��L��L (�L�L�L��L�L��L��L!L�L� L�^ L� Jate �nd Time: 45 JLA�I 96 1� :51 ' �ata Type: Selected Ln c�trves • �5 JUhI 13: 51= 55 OFlr'OFF 5. T i c�e d6-1PAN R. STAT ia� -� ................................................ SQ............................................... �TATL Q� ' . . . . . . � . . . . . . . �.r~�+1 . . ' ' ' . . . . . . . . . . . . . . . . . . .}� . . • �� .... . � _-..... -"���-��,-------- -- _OG ' � 2Q.............................. .... 1�.. S Hz 5�� H� 2�. QkH� E A dOGERS_L �T�-TCL RGL-TBL !Y!!�G-TBL HIDE �L `.;FC�hIEhdTIAL �EAMP A-lJ E aETn 1�Ln >1 M�; ��.Q 2 1 �1 `�i49.II � 2� 2E�.B 4 �E� 2�.n � �'3 Z�.n � s�, �a.n h� G �1�EAf� R�DRa�t! � ��. E�E�t��'� 1�u GHT 9� iic��:2� � 16. 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ST�V XIR�R L�aax Li� LZO L50 L70 L°0 ' `4z Z0.0 Z0.0 ZO.J' 0.0 Q.0 �.0 2tl.0 Z0.0 20.0 2Q.0 ZD.O 2�?.J Iz 20.Q 24.0 Z0.0 0.0 0.0 50.0 20.0 20.0 20.0 24.0 20.0 20.� 3 ��.v Hz 20.0 20.4 20.0 0.0 0.0 �.0 20.0 20.0 Z0.0 �.4 20.4 Z0.4 4�.0 Hz 21.5 Z0.4 20.0 20.1 0.5 50.0 - 21.5 21.5 20.0 2(1.0 20.0 Z0.0 5 31.5 Hz Y8.0 20.0 23.0 21.5 3.2 40.0 29.0 Z3.0 . 27.5 Z0.0 Z0.0 Z0.0 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 0 lO.Oktiz : .. 20.0. ,� �20.0 �'.:. Z0.0 0.0 .• 0.0 54.0 : _ .20.0.:;-20.0 -;;»Z0.0 :: 20.0 :, �20.0 .; Z0.0 1 12.5k�4z ' � 20.0�•�=.20.0 � � 20.0 . 0.0 0.0 �.0 .:-- : Z0.0 `.�. 20.0 '::°20.0 � � ° Z0.0 ;�° 20.0 =: -20.0 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 3 20.OkHz 21.0 �='20.0 �' 20.0 20.1 0.5 �.0 21.0 �`'' 21.0 � 20.5 � Z0.0 -'� 20.0 Z0.0 �A1 . _ 6b.0 "' S0.5 ' � �d,,,� 55.5 . 5.1 00.0 ' 66.0 •:. ; 62.0 53�".�� . SZ.S • 51.0 � ._ _.� . .. � f -- � �� � SITE 11. 2216 SWAN COURT L?L�L�L�L�L Lr?{�� L'�L�L'�L��� L'�L L L'�L�+L�Lr�L'�L'�I�L�L�L'�L�Lr?L��L��L�L'�L�L�L?L�L��L'�L'� ;. -? i�'��J � � , � F�`TA A4.47 :. ;y�.� L�t�� Lr?L�?� L: L�I��L�L'�L�L'^�� I��L�L�t�L-}L'-?I�L'�L�L��.. L L-?I�L�L�L:�L�L'-;�L�l��I��L�L' Date and Tirne : C�5 JLIV 9b 14 : CX.� ' Data Ty�: �elected Ln c�trves. . . . QS JUN 14- Q0: 11 Qhl�'OFF S. Tir�e dB-SPAM F:. STAT 1�ia•i ................................................. 80 • STAT f� • `40- LOC � ............................................. ......................................•----•a � HIDE GLEt�R R�DRALJ �FL E'E'�4_�. C����� - • - EXP�MEhaT I1�L i rS PREAt1P A-tt�EIGHT RESET 15 Cl1Aw' 9E 11: 5�= 25 •- PEhI n Ln 1 � 16 .� H� 1 }?1 M?� ��.8 Lrtiax 2Q. � 2 1+��+ ��.n LtYtin 2a. Ei --- 3 Z�s 2f�.0 LE� 2Q. E� 4 5� i'G.0 MEAhf E�. Et � r� 2a.o �TDEU �+. [-� �,.,-,r� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . 6 '�E� 2E�+.cs f��h�fDEl� 1 QE . Q 5 Hz 5E�0 Hz 2v. �kHz � A - =r.Ln cursc�r �TQ-TBL f�CL-T�L MRG-TBL ha CH�hlhlEL '�I�I�L?L�L�{�L�L�?L:�L�LaL I�I�L'�l�l�(��t�L I�+I'�LaL�L�L'�1!�L�� � L-?L�L�L�I �I�LaL�L�?L'� Oata TYpe: Selected Ln cur-ves . ... . .. • • Vo�e: � .' � . �ATA FCk� CJ-��L i 3ample Time: ca. ic=�x� �c �E+-�Ahl: ��.c7 / 1�7.n dE� 1�Et�Y L�a; L�in LEQ 1'�Y.�d STDEV XlR'�t Laax LiQ L20 LGA UO L°0 �'� '?.5 Hz 20.0 20.0 Z0.0 O.t� 0.0 50.0 Zl1.0 20.0 ?0.0 Z4.� 20.0 20.0 ;.0 Hz Z0.0 20.0 20.0 0.0 0.0 50.0 20.0 20.0 20.4 Z0.0 20.0 �0.0 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 . ._ . Y'oo a y,{ 1 , t� j %� . �a` d e �, ' � � , , ' I l 1 • ' _ . � ���if �� " \ 1 '� � ,�. ,�o� _ __ , rin_,.� � l �1�:���~;.:�j �:'c': ; . �tS���>> .1 ' �' , ,.r'i �� ��.� � 1 �!� / . i �` ' � , � �'. .��...=� - p f .: I �-". 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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.