1996-08-06CITY OF MENDOTA HEIGHTS
DAKOTt� COUNTY9 ARINNESOTA
CITY COiJNCIL �IGF.NDA
AUGUST 6, 1996 - 7:30 P.M.
1. Call to Order
2, Roll Call
3. Agenda Adoption
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4. Approval of 7uly 2 Minutes
5. GotL.cent Calendar
: a. Acknowledge July 23, 1996 Planning Commission Minutes
b. Acknowledge NDC4 Meeting Minutes and Agenda.
c. Acknowledge Building Activity Report for 7uly 1996
d. Acknowledge Ivy Pazk Landscape Improvements
e. Authorization to Recruit Civil Engineer I -
f, Approval of SuperAmerica (TH 55) Developers Agreement
g. Approval of St. Peter's Beer License Request
h. Consideration of Dakota County HRA Policy on Hollman v. Cisneros
i. Approval of List of Contractors
j. Approval of Claims
End of Consent Calendar
6. - Public Comments
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7. : Presentations
`a. Introduction of New Police Off'icers
b. Celebrat� Mendota Iieights Pazks! Announcement
8. Unf'wished and New Business
a. NSP Substation - Noise Analysis
b. Case No. 96-20: Edinger - Rear Yard Setback Varia.nce RESOLiJTION NO.
' - 96-48.
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10.
c.
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Case No. 96-19: Independent School District #197 - CUP for Temporary
Building RESOLUTION NO. 96-49.
Case No. 96-23: United Properties - PUD Conc�pt Plan
e. Case No. 96-21: Wirtaaen Clark Larsen Architects - Monument Sign Variance _
(National Rod Ends) RE50LUTION NO. 96-50.
f. Case No. 96-22: Paster Enterprises - CUP for Land Reclamation
RESOLUTION NO. 96-51.
g. Cellular Antenna Request _
h. Approval of SuperAmerica Free Standing Signs
1.
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k.
Request for Financial Contribution - Dispute Resolution Center
Consider MSP Mitigation Committee and Letter to Dakota. County
Consider Request for League of Minnesota Cities to Fun� Right-of-Way Work
Plan
1. Establish Date for Council Workshop for TH 149 Vacant R.O.Rr. Planning
m. Establish -Date for Budget Worlcshop
Council Comments
Adjourn
Auxiliary aids for disabled persons are available upon request at least 120 bour.� �n
advance. If a notice of less than 120 hours is received, the City oF Mendota
Heights will make every attempt to provide the aids, however, this may not be
possible on short notice. Please contact City Administration at 452-1850 w�th `
requests.
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i 1 1! = M •
August 1, 1996
To: Mayor and Gity Cauncil
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From: Kevin Batchelder, City Ad tor
Subject: Consideration of Dakota County I3RA Policy on Hallman v. Cisneros
DISCUSSION
Mr. Mark Ulfears, Executive Director of the Dakota. County Housing and
Redevelopment Authority (7E�RA), has written each city in Dakota Caunty regarding his
organ%zation's reaction to a recent Consent Decree that impacts the public housing progra.ms in
Dakata County. Mr. Ulfers is putting our City on notice of Dakota County's position
regard.i.ng the Hallman, et al. v. Cisneros, et al. lawsuit and Consent Decree. (Please see
attached Ju1y I5, 1996 letter and Dakota. County Position Summary.}
Because the Dakota. County HI2A acts on behalf af its member cities, they are
interested in our comments, suggestions and concerns regarding the Consent Decree and the
Dakota County Position Summary.
Dakata Caunty and its cities were not parties to the lawsuit, which alleged housing
discrimination in the City of Minneapolis. Dakota County has not been accused of
discrimination, however, the settlement of the lawsuit depends on the suburban communities ta
"voluntarily" take responsibility for a signif"icant part of the solution. Dakota County's
Position Statement addresses their concerns with the implementatian of the Hollman Consent
i�ecree and its potential to unpact the Dakota County IIRA's programs. They would like the
City of Mendota Heights ta suppart thei� pasition statement.
It appears that Dakata County HRA has adopted a position statement that protects the
interests of Dakata County, its residents and our ability to continue to pravide housing seNices
to the residents of Dakota Gounty. Council should consider this position statement and aur
support af it.
If City Council so desires, they should pass a motian supporting the Dakata County
HRA Ho11rnan Pasitian Summary and direct staff to contact the Dakota. County HItA.
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DAKOTA COUNTY
July 15, 1
MR KEVIN BATCHELDER
CITY OF MENDOTA HEIGHTS
1101 VICTORIA CURVE
MENDOTA HEIGHTS MN 55118
G�W � �
Dear 1�Ix,.�at�he%�er:
Housing & Redevelopment Authority 6iz-az3-4soo
2496-145th St. W. • Rosemount, MN 55068 • T.D.I). 612-423-8182 • FAX 612-423•8180
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JUL � 6 �99� `��;'
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RE: Hollman, et al. v. Cisneros, et al.
(a. k. a. - Metropolitan Housing Opportunities Program)
Consent .Decree
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In 1992, Lucy Hollman and 16 other residents of M'uuieapolis Public Housing together with the
Minneapolis Branch of the National Association for the Advancement of Colored People
(NAACP), represented by the I�gal Aid Society of Minneapolis, sued the Minneapolis Public
Housing Authority i(MPHA), the Metropolitan Council, and the Department of Housing and
Urban Development (HUD). The lawsuit, entitled Hollman, et al. v. Cisrteros, et al., alleged
that the defendants � operated Public Housing and Section 8 programs in Minneapolis so as to
create and perpetuate patterns of racial segregation by concentrating subsidized units on the near
north side of the city. To avoid expensive litigation and � improve the housing choice for
Minneapolis public housing residents, the parties to the law suit entered into a Consent Decree
in April of 1995.
The defendants agreed, among other things, to demolish racially concentrated family public
housing projects and to relocate the public housing units to areas outside of minority
concentrations. �
* A total of 770 public housing units on the near north side of Minneapolis will be demolished and replaced
in two phases.
* 80 of We 77� pubiic hvusiug w-�iis wiii be relocateu iu ivlinneapoli�. Anotner iCn� units may be rebuilt on
the near north iside of Minneapolis. Approximately i 690 of the units aze to be located in suburban
communities.
* Up to 203 of the'770 units may be "incentive" units provided to suburban jurisdictions to facilitate acceptance
of replacement units. These incentive units will not require that priority be given to applicants from the
MPHA public liousing waiting list, but requires that seven replacement units be accepted for every three
incentive units.
* MPHA residents and applicants must be given priority in leasing the replacement units, regazdless of unit
location. ' . ' . • ' - � ` . Y . , 1 _ . . r , ,. .
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* HUD will fund 900 Section 8 tenant-based units to enable public housing residents living in public housing
in azeas of minority and poverty concentration to move �'to nonconcentrated azeas. ' •
* HUD and MPHA have established the Housing Mobility Counseling Program to help Section 8 recipients
overcome barriers (such as lack of information, transportation, language barriers, etc.) to using their
certificates in nonconcentrated areas. �
"AN EQUAL OPPORTUNITY EMPLOYER"
Page Two
The Hollman v. Cisneros settlement represents a$100 million infusion of federal funds into the
Twin Cities for affordable housing. It may also provide a unique opporiunity to achieve a more
balanced distribution of affordable housing throughout the Twin Cities metropolitan area. While
the Hollman settlement may be well intended, it appears that implementation will be
administratively and politically difficult at best. Specific concerns of the Dakota County HRA
are as follows: �
A. Fair Share Allocation: At this point in time there exists no plan for disbursing the
Hollman replacement units throughout the metropolitan area. There is no information
available regarding what is to be considered a jurisdictions' "fair share allocation" of
Hollman umts. Only a part of the suburban metropolitan area has experience in operating
this complicated program. Anoka County, Washington County, Suburban Ramsey and
much of Suburban Hennepin County have never built nor acquired a unit of public
housing. These jurisdictions will have to rely on the placement of Hollman Units in
privately o��vnPd and,�ranagedrdevelog:��nts, un ar�angem�;,n�twhi�h is authorized by HUD
but has not been implemented. A private developer will need the participation of an HRA
to administer �and monitor the units, or will require the local government's authorization
for MPHA to� administer units in the local jurisdiction.
It is our conc Irn that as time passes, pressure will increase on Dakota County HRA to take
more than its �"fair share" of units simply because we have experience administering the
public housmg program.
B. Waitin�: � Presently the settlement mandates that priority for the replacement units,
regardless of � their location, be given first, to families displaced or scheduled for
displacement liy demolition of MPHA units; second, to families on the MPHA waiting list
who live in minority or poverty concentrated azeas; and third, to all other persons on the
MPHA waiting list. This restriction would, in effect, reserve the Hollman Units for
Minneapolis residents and applicants for as long as housing built or acquired under this
program existed.
Because the placement of the units is not in response to market demand of Minneapolis
residents, the requirement that the local housing authority utilize the Minneapolis waiting
list will require an extreme marketing effort and will be administratively time consuming
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and expensive.
Given that th Ire are over 800 families on the HRA's public housing waitin list here in
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Dakota County, it also seems extremely unfair that county residents who need such
housing may not have access to it. Essentially the HRA is being asked to develop and
manage housuig that low income residents of our azea will have only very limited access
to.
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C. Public Housin Mana�ement Assessment Pro�ram (PHMAP): The Dakota County HRA
is evaluated tfirough this program by HUD. Currently the HRA is considered a high
performer within this program, which affords the HRA a significant amount of
independence from HUD in operating our public housing program. Because it will take
a lot of time to lease the units to the priority groups, the addition of Hollman units will
likely reduce the HRA's rating under PHMAP and potentially cause us to lose this higher
performer rating.
Page Three
D. Development Cost Limitations: Based on the settlement amount, the average development
funds available per Hollman replacement unit is $95,000. It is our experience that the cost
of either constructing or acquiring and rehabilitating a three bedroom single family unit
in Dakota County is closer to $110,Q00. Therefore, it appears that inadequate
development funding is available.
E. Dakota. Counry Services: There is a need to determine the financial impact, if any, on the
services of Dakota Counry. The potential exists for increased costs for various economic
assistance and social service programs through the provision of assistance to households
relocated from Minneapolis to Dakota County.
Dakota County and its cities were not parties to the lawsuit and have not been accused of
discrimination. Nevertheless, the settlement depends on the suburbs to voluntarilv take
responsibility for a'significant part of the solution. To that end, the Dakota County HRA has
prepared a"Hollman Pcsition Sum�iary" outlin�ng those criteria u�at v��c feel should be addressed
prior to acceptance� of Hollman units in Dakota County.
We are requesting that Dakota County and its cities review the enclosed Position Summary and
provide the HRA staff with comments, suggestions and concerns regariiing this information.
The stakes in this issue are very high. If Dakota County hosts Hollman units without resolving
the concerns outlined in the Position Summary, we will be burdened with the settlement
mandates forever. i It is the opinion of the Dakota County HRA that if the communities of
Dakota County work together and present a unified front that we will be more successful in
achieving an acceptable result.
As always, the Dakota County HRA intends to continue its tradition of providing high quality,
affordable housing for families who live and work in Dakota County. In order for the HRA to
continue this tradition with units funded by the Hollman settlement, the key issues outlined in
the Position Summary must be resolved.
Please contact Tracie Chamberlin (423-8116) or me (423-4800) with questions, comments or
concerns regarding � the attached Hollman Position Summary. It would be greatly appreciated
if your comments could be received by August 13th. Thank you for your time.
Sincerely yours,
Mark S. Ulfers,
Executive Director �
Enclosure
DAKiJTA C{)I1NT'� HRA
HOLLMAN POSITION SUMMAI2Y
The Hollman et a� v. Cisneros et a�,, settlement represents a$100 millian infusian of federal
funds inta the Twin Cities for affordable housing. It may also provide a unique opportunity ta
achieve a more balanced distribution of affordable housing throughout the Twin Cities
metrapolitan azea. �Unforhznately, while the Hollman settlement may be well intended, it appears
that impiementatian will be administratively and politically difficult at best.
Dakota Caunty arid its cities were nat parties ta the Iawsuit and have not been accused af
discrimination. Nevertheless, the settlement depends on the suburbs to voluntarilv take
respansibility far a significant part of the saiutian.
Aithough the HR. � has been negotiating in goad faith with the Minneapolis Public Housing
Agency (MPHA) to resolve vazious concerns, we have not received a response on several critical
issues. We feel the onus is on the MPHA and its co-defendants to propose an acceptable
arrangement for Dakota County to accept Hollman tTnits.
1Vleanwhile, fundin� agencies who aze not parties to the law suit, namely the Minnesota Hausing
Finance Agency (MHFA) and the Family Hausing Fund, have joined HUD in applying pressure
to withhold other �affordable honsing fi3nds if Dakota County does not host Hallman public
housing units. �
It should be made' clear that Dakota County already has the largest public housing program
outside of Minneapolis a.nd St. Paul. There are a total of 625 public housing units in Dakota
County. The Courity has been actively participating in this program since the late 196Q's. In
additian to its public housing units, Dakota County HRA owns a total of 464 affardable housing
units through its seivar housing develapments and family housing partnerships. Dakota County
HRA also administers its own allacation of over Iy$OO �'BC�lOIl $r C�IC1f1C$�0S d21CI VOlIC�2E�'Sy as
well as another 342 partable certificates and vouchers for other agencies. And, there are another
1,353 subsidized c�its in the county that are managed by nan-profit and for-profit entities.
The Dakota Caunty HKA has a tradition af providing high quatity, genuinely affordable housing
for families who live and work in Dakota County. In order for the HRA to continue this
tradition with units funded by the Hollman settiement, a few key issues must be resalved.
Propased policy s�taternents are set farth herein, which identify the minimum criteria to be
satisfied before Dakota County �:[RA wiil administer Hoilman Units in Dakota County.
PR4POSED POLICY STATEMENTS
I. Waiting_List: There are currently over 800 families on the HRA's publ'zc housing waiting
list in Dakota County. It is only fair that if Dakota County HRA has to be respansible
far these units that aur iow income residents and employees alsa have access to thzs
housing. Therefore, Dakota County residents must have an equal opportunity far these
units with filie graups sgecified `m the lawsui# as Minneapolis priorities.
2. Development Funds: The Hollman Units must be funded adequately to meet the HRA's
physical standards for new developments (i.e., attached garages, cement curbs,
maintenance free siding, tot lots, etc.). The units must receive ongoing operating subsidy
and comprehensive grant funds for modernization.
3. Public Housin�ana�ement Assessment Pro�ram (PHMAP�: Hollman Units must be
excluded from the HRA's PHMAP calculation due to the extra requirements mandated by
the settlement.
4. Fair Share: Dakota County has done an excellent job at working to provide affordable
housing options for families and seniors. This effort has been made over a 25 yeaz time
period and is not a recent development. Before accepting Hollman units it would be
necessary that the Metropolitan Council put in place a fair share allocation plan to ensure
the equitable listribulion of H�llman units. It is onl•r fair that cities in the Metro area that
have done very little to take responsibility for affordable housing participate in Hollman.
5. Dakota Countv Service Costs: It is necessary that we receive assurance that acceptance
of these units will not incur an undue financial hazdship on the Dakota County
Community Services Budget.
We realize that to meet our above stated concerns the MPHA and other parties to the Consent
Decree will need to make some adjustments to their current plans. We feel strongly that the
above changes will be beneficial to all concerned. It has been the experience of the Dakota
County HRA the best solutions are those that involve the input and participation of all parties.
Without this understanding, agreement with Dakota County regazding Hollman will be difficult.
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2.
3.
Deveiopment Funds: The Hol�man Units must be funded adequately to meet the HR.A's
physical standards for new developments (i.e., attached gazages, cement curbs,
maintenance free siding, tat Iots, etc.}, The iuzits must receive ongoing aperating subsidy
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and compr �hensive grant funds for modernizatian.
Public Hausing Mana�ement Assessrnent Pro�ram CPHMAP�: Hollman Units must be
excluded from the �;ERA's Ph[MAP calciziatian due to the extra requiremen#s mandated by
`the settlement.
4. Fair Share: i Dakota County has done an excellent job at working to provide affordable
housing optians for famiiies and seniors. This effart has been made aver a 25 yeaz time
period and is not a recent development. Befaare accepting Hollman units it wou.ld be
necessary that the Metropotitan Cauc�cii put in piace a fair share allocatian plan to ensure
thP equitable distribution of H�llman units. It is onlv fair that cities in the Metro area that
have done very Iittle to take respansibility far affardable housing participate in Hallman.
5. Dakata Cauntti 5ervice Costs: It is necessary that we receive assurance that acceptance
of these uriits will not incur an. undue fmancial � hazdship •�on • the �°Dakota County
Community; Services Budget.
We reaiize �that to meet our above stated cancerns the MPHA and other parties to the Cansent
Decree will need to make some adjustments to their current plans. We feel strongly that the
abave changes wiil be beneficia2 to all concerned. It has been the experience of the Dakota
County HRA the best solutions are those that involve the input and participation af all parties.
Without this unders'tanding, agreement with Dakota County regarding Hollman will be difficult.
CITY OF MENDOTA HIIGHTS
i�i � �u �.
August 6, 1996
TO: Mayor and City Council
FROM: Kevin Batchelder, City Adminis o� r'
SUBJECT: Add On Agenda for August 6 City Council Meeting
Additional information is submitted for items 8a (delivered Monday) (*), 8f, and 8m of
the Unfinished and New Business section of the agenda.
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It is recommended that Council adopt the revised agenda as printed on pink paper.
8a. NSP Substation - Noise Analy�ic1
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Additional information was delivered yesterday.
Additional report submitted from noise consultant.
8f.
8m.
RESOLUTION NO. 96-50.
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Please see attached memo.
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E5TA3L.TSH DATE FOR BL�G�� WOIZKSHOP
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Please see 1997 Proposed Budget.
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Page No. 1
July 2, 1996
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
_ Held Tuesday, July 2, 1996
Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota
Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota.
Mayor Mertensotto called i he 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
Ayes: 4
Nays: 0
APPROVAL OF NIINUTES
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Ayes: 3
Nays: 0
Abstain: 1 Krebsbach
CONSENT CALENDAR
Councilmember Krebsbach moved adoption of the revised agenda
for the meeting.
Councilmember Smith seconded the motion.
Councilmember Smith moved approval of the minutes of the
regulaz meeting'�eld June 18, 1996 as amended.
Councilmember Koch seconded the motion.
Councilmember Krebsbach moved approval of the consent calenda.r
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. Acknowledgment of the minutes of the June 12, 1996 Airport
Relations Commission meeting.
b. Aclrnowledgment 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 Wazd 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 recnutment process for
Page No. 2
July 2, 1996
the vacancy or for a vacancy which occurs as the result of
intemal posting.
e. Adoption of Resolution No. 96-41, "RESOLLTTION
APPROVING FINAL PLAT FOR SOUTHRIDGE
BUSINESS CENTER 2r1D ADDITION."
f. Authorization to issue a,purchase order for $4,437.00 plus
tax and delivery to Dell Computers for a Dell Dimension Pro
20U computer system in accorda.nce 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 TI� SOUTH SIDE OF
MARIE AVENUE BEINC 50 FEET WIDE CENTERED ON
'THE PEDESTRIAN CROSSWALK LOCATED ACROSS
FROM RIDGEWOOD DRIVE.
h. Aclmowledgment of the Sprint antenna agreement
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i. Approval of the list of contractor licenses da.ted June 4, 1996
and attached hereto.
j. Appmval of the List of Claims dated June 4, 1996 and totaling
$468,562.58.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
MIDDLE SCHOOL Council aclaiowledged a memo from Public Works Director
Danielson regarding the Friendly Hills Middle School construction.
Ms. Lois Rockney, Assistant Superintendent for Business Affairs,
aad Mr. Bob Gunderson, landscape architect for the project, were
present for the discussion.
Ms. Rockaey confirmed that there has been a change in the grading
plan for the school property. She e�cplained 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 pmperties. She explained that she
and others met with the neighbors and city officials, and after that
meeting directed the project azchitect to look at the site plan and
work with city engineering. She informed Council that the result
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Page No. 3
July 2, 1996
was a revised plaii 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 th� revised grading and landscape plan.
He stated that there were two major issues - a screen between the
residences and the athletic fields, and draina.ge. 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-faot "no disturb" zone will be
maintained between the fields and the neighbors. He informed
Council that this area will not be touched during conslruction.
Responding to a question from IVlayor Mertensotto about grade
changes to the north on the field, Mr. Gunderson stated tha.t there
will be a 2% slope from the middle to the edge of the field as
compazes 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 futm the properiy 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 trees, 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.
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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 lazger.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 stated 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 �ong Huber Drive and along the fields. The trees
� will be planted in groves to screen the view of the neighbors loolcing
^ 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 tall.
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 faz reaches, and they will only be transplanted if he runs 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 aclaiowledged a memo from Public Works Director
AMERICA
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Page No. 5
July 2, 1996
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 Attomey Hart informed Council that there are some changes in
the agreements which all parties aze in agreement on. He explained
that there aze 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 improvemenfs 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 yeaz.
He stated that he is disturbed that SA pmmised a certain amount of
development and has decreased it: there was a representation of
$800,000 made maay 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 aze 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
acknowledgment from the horrower that they understand the•issue.
He then informed Council that Section 3.6 of the agreement
references the frontage road which has not y,et been specifically
located He stated that the SuperAmerica representatives are
concerned that from a title perspective, for a short time the entire SA
lot will be burdened by a constntction 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 property 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.
Attomey Hart stated that SA has agreed to 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.
a
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 buildi.ng 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, regazding
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 a11 Council said was that no
building permit will be issued until SA does the demolition and
clean up of the site.
Attorney Hart stated. 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.
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Page No. 7
July 2, 1996
Mr. Cronin responded that SA's consultant, Delta Environmental,
has not started its specific invesrigation of the site yet. He explained
that SA can control ta some exient how quzckly Delta gets its work
done, but it cannot contral the PCA process which takes 90 to 120
days.
It was the cc�nsensus that 270 days is appropriate.
Attorney Hart stated fihat the city has suggested that completion of
the remediation work pursuant to the appmved correction design be
done in two years, and SA is afraid that it cannot meet the deadtine.
Mr. Cronin responded that it is SA's position that it daes not know
exactly wha.t will be invalved but it is committed to completing the
wark as quickly as passible. He stated that at this point SA does not
lazow what is going to be involved or what the remediatiou plan will
be, or haw long remediatian will take.
Mayor Mertensotto asked, if completian can. be subject to reasonable
extensian. He stated that if the city were nat putting money into the
project, SA wau�d only need to meet the applicable PCA or state
codes, but Cauncil is concerned about having some monitaring and
some input.
Mr. Cronin responded that SA is i.a camplete agreement with the
final sentence of the section, but the problem is ihat SA cannot
comumit to a process that is totally outside of SA's contral.
Mayor Mertensotto stated that on the agreement could be revised to
state that on the two year annivezsary, 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 complet�an the city urill not unreasonably withhold
extension. He then informed Cauncil that the only other issue is the
requirement tha.t the aity ach�ally approve the remediation action
design.
Mayor Mertensatto stated that Cauncil would just like the plan to be
filed with the city so that Council has know2edge of the plan and the
ability to review and comment. He inf'ormed Mr. Cronin that the
city v�rill not withhold its cousent. He stated that on the second
anniversary of the agreement, SA could come back and tell Council
what is going on and Council wi]l not unreasonab2y wiihhold an
extension. He informed Mr. Cranin 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 prepazed for SA.
He asked if Council would state that it does not want to grant
approval but only wants document flow.
Mayor Mertensotto stated 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.
CouncilmemberrKoch moved adoption of Resolution No. 96-42,
.�
"RESOLUTION APPROVING FINAL PLAT FOR DAKOTA
VALLEY VIEW ADDTTION," 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 tha.t 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
regazding a request from Ms. Pat Farrington for a change in the
name of Rogers Road to Boum 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 SOU feet, and that perhaps Bourn Lane would be more
appropriate.
Ayes: 5
Nays: 0
BALLFIELD LIGHTS
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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� CHANGE OF THE NAME
OF ROGERS ROAD TO BOURN LANE."
Councilmember Smith seconded the motion.
Council acknowledged a memo from City Administrator Batchelder
regazding consideration of a request for ballfield lights at Mendakota
park and updating Council on task force and Pazks and Recrea.tion
Commission discussions on the reques� Council also acknowledged
receipt of the following information: "Findings of the Ballfield
Lights Task Force for Mendakota Park;" 1996 Mendakota Pazk
field schedule; other Mendota. Heights pazk field use information;
MHAA field use information; a 1996 Mendota. Heights softball team
status report; census and enrollment information for Independent
School Districi 197; a letter from Dr. John Norton on MHAA youth
programs and pazticipation; information from Parks Project Manager
Kullander on bal�field development costs and possible site locations;
a memo from Dr. Norton and Adult Softball Representative Jim
Kilburg; a petition &om 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. Bernazd Friel; and a letter from Mr. John Carl, Jr.
Regazding the findings 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 aze made, with internal baffles to bounce light down
and haods to keep light from shining above. He stated. that the video
also showed that lighting can be done without interferi.ng 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 stated that the police department has never
received a complaint to his laiowledge. Regazding the comment in
the petition that enforcement is poor, he sta.ted 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 Aca.demy.
Dr. Ndrton 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 Pazks and Recreation Commission, which
split 3/3 on the issue, and it now has come back to Council with no
definitive information on the pmblem. He asked how many fields
M�iAA needs and how many youth are 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 year 2000 or 2001. He asked what the
need is if there are enough fields now for the program and the
student populat�on 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 yeazs ago they
year not full but now IvII�AA is running out of field space. He sta.ted
that MI�AA had to turn down two traveling teams this year, and
many of the children who started in the programs aze now coming
up and there is no place to go. He informed Council that there are
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 stated that MHAA will have to turn
down four traveling teams next year, and while things will
ultimately level ouf, 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 aze
rented. He stated that while there will be two new fields available at
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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 aze 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 lus feeling is why build new fields
when there are fields at Mendakota and a new sluft 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 sta�Ed 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 loolang at possibly trying 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 properiy 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 tuning 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 stated 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 MI�AA demands aze and
whether they aze factual - Council must kaow tha.t the MHAA
numbers are accurate and then must see what options aze 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 properiy 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 sfrong 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 aze scheduled. before 5:30
because the coaches aze volunteers and cannot be at the games that
eazly.
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 Pazk 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 aze noisy because there are spectators -
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 fourtsen year olds for umpires. He also stated that
he does not feel.t�at 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 MIiAA
reciprocal use of fields and perhaps possibilities should be explored
with Eagan since there are Fagan youth playing in the MHAA
pmgram. 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 Ea.gan
should recognize that at least the Pilot Knob School fields should be
available for MHAA use.
Dr. Norton stated that he has tallced 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 are
available. He further stated that if a11 avenues have been explored,
then he feels youth should have the priority for the Mendakota.
fields. He asked that MHAA give Council some breathing room to
look at options and fields. He stated that utilization of fields has to
be grea.ter, both at Sibley and Mendakota, and that perhaps the city
must get more involved in discussions with the school district and
MHAA. He felt tha.t 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 iraveling teams play into August.
Mr. John Eide, a resident on Swan Court, stated that he has spoken
to the South S� Paul police department a few weeks ago and went
on patrol with them. He stated that the police ga.ve him detail on
McMorrow field and the officers told him that the fields are out of
control and they�annot respond to all of the calls that come in about
the fields.
Councilmember Huber stated that he has spoken to Police Chief
Delmont toda.y, and to the chief s laiowledge there has never been
any problem at the Mendakota fields.
Mrs. Edgaz stated that she has called several times about teatns
drinlcing 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 pazking 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 aze not
responding.
Mrs. Edgaz 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.
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Page No. 14
July 2, 1996
IVIrs. Edgar sta.ted that the point is that the infonnation 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 a#
Mendakota one day of every week.
Mayor Mertensotto asked Administrator Batchelder to check on
scheduling. He stated that Council wants to lmow 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 aze 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 accommodated in 1996. Mr. Black stated that the trend is that
there will not be growth in the population, and while it is true that
there are two tra.veling teams that were not formed this year, the
traveling teams are the skilled players but the regular programs are
available for anyone who wants to play. He stated that the children
could still sta.y ig 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 stated 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 azeas.
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 are 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 aze actually being played. He stated that it is not up to the
Council to answer those questions, but rather, the burden of praof is
on the MHAA.
Mayor Mertensotto responded that Council has to rely on the people
who are 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 MI3AA has six games a week at Mendakota
now and under the pronosal e�ects to get 16 games a week at
Mendakota. He felt that if MHAA is only tallcing about ten games a
week, Council should take a hard look at that when considering
spending so much money.
Responding to ��uestion from Mrs. Edgar, Administrator
;. Batchelder reviewed city regulations on the use of beer in the pazks
.
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 further stated that all of the players are
responsible and do not sit in the pazking lot drinking beer after
games. He stated that the team sponsors ask the teams to come to
their establishments after the games. He informed Council that if a
squad car came through the area at 10:00 and told people that the
park 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 tha.t 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 faot 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
capaciry and utiliry, 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 pmperty 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 think what
Council is talking about tonight is who is in favor of baseball and
who is not and tkat everyone would agree that the MHAA is a
valuable asse� She stated that what is being discussed is one
solution to the problem of not enough field time.
Ms. Jann Blesener, 848 Mendakota Court, stated 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 faz 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 are 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 stated 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 are the first places that are lit in most
communities and it could be used yeaz 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
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Page No. 17
July 2, 1996
stated 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 hazd 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 tryying to
accommodate both groups. He stated that Council needs more
information and have the MI�A.A 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 Lorraine Park in South St.
Paul, which was just lit. He explained that the lights aze 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 aze li� 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 Pazl�which may mean lights or which may mean
putting on city staffto coach teams so that they can start eazlier. 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 data are inconclusive. She further stated that there are no
definite conclusions or even any agreement on the data, wluch leads
her to conclude that she could not support lights at this time. She
pointed out that once a decision is made for lighti.ng 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 acceptable to the community. She ��'�
felt that a decision on lights at this time would limit Council's C�{�'
options. She stated that it is her understanding that a new complex AnQ�-
would be somewhat similaz 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 aze 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
MI� claims that 70 coaches volunteer twelve hours each week,
wluch calculates to $8400 in cost to the city if it took over the
program. He stated that Council does not want the MHAA program
to fa11 apart and must be careful how the problem is solved. He
asked MHAA to explore all options and stated that he will contact
the school district, West S� Paul and Eagan about field use. He
pointed out that the school district is obligated to share the fields
within the distric� He stated that Council is looking at 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
aze. He informed the audience that Council will not make a decision
tonight, and as faz as he is concerned will continue in 1996 and into
1997 exploring I�e use of the fields that currently e�st.
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 S� Paul, that Sibley
area. fast pitch is done through West S� Paul but is mostly Mendota
Heights Girls, but that West S� Paul is unwilling to share its boys
hockey program. He informed Council that he is currently working
with Eagan and West S� 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 goad 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 hy to help them put it into a
RECESS
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SUBWAY OUTDOOR EATING
Page No. 19
July 2, 1996
presenta.tion that would be more informative on how teams match up
with field sizes and how many children aze at ea.ch age. He sta.ted
that the loudest message heard this evening is that there has been no
case made for need.
Councilnaember Krebsbach pointed out the importance of keeping
the MHAA a viable organization.
Councilmember Koch stated that it almost sounds as if Council is
disregazding 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.
Mayor Mertensotto called a recess at 11:03 p.m. The meeting was
reconvened at 1r:17 p.m.
Councilmember Koch was excused from the meeting.
Council aclmowledged 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 permi� He informed Mr. Heller
that Council instead granted Ziggy's a temporary, experimental
permit to allow outdoor seating until October 15�. He explained that
Couacil told Ziggy's owner that if there were any complaints or
there is any debris resulting from the outdoor seati.ng, or if people
aze not able to walk in front of the stores, Council would term.inate
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 ta.bles 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
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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 tables open
outside of Ziggy's.
Mr. Heller stated that there is a period of the day on Saturda.y when
there aze 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 aze
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 azea and picking up wrappings
that are droppedr
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 ta.bles will be up against the building
as close as possible.
Page No. 21
July 2, 1996
Mayor Mertensotto pointed out that the letter of agreement between
Subway and Paster Enterprises pernuts outdoor seating from May 1
through 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 on a
year-to-year basis.
Councilmember Krebsbach moved to graut a temporary
experimental permit to Subway to allow six tables outside of the
store with the same conditions imposed on Ziggy's and with the
understanding that Council can deal with the Subway permit �
independent of the Ziggy's permit and that the permit can be
terminated separately on any violation of the conditions imposed.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 96-18, NSP Council acknowledged an application from NSP for conditional use
permits for essential services and mining to a11ow the removal of one
of three existing transformers from the NSP substa.tion neaz
Mendakota Park�nnd to add three capacitor banks and a control
,* house at the site, and to excavate and replace part of an existing
fence. Council also aclmowledged an associated report from
Administrative Intem Hollister. The following individuals were
present on behalf of NSP: Dave Callahan, Pat Cline, Sheldon
Silberman and Joe Mansur.
Mayor Mertensotto stated that Council is mainly concerned about
the noise that is generated by the substa.tion, and further that there is
no current restriction on how many kilowatts NSP can operate on
that line. He asked what the current capacity is.
Mr. Callahan responded that there aze two voltages now, 69 kV to
the east, west and south, and 115 kV to the north. He informed
Council that no line in the substation exceeds 115kV.
Mayor Mertensotto stated that he has mentioned many times that the
city should adopt an ordinance to stipulate that NSP must notify the
city and the city must hold a public hearing if NSP intends to
increase the kV. He stated that the school district is going to raise
its power poles twenty feet because of EMF and right now there is
no restriction or requirement for notification if NSP increases the
power.
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Page No. 22
July 2, 1996
Mr. Callahan responded that to go from 115 to a higher voltage,
NSP would have to modify the lines because the existing lines will
not carry a higher voltage. He explained. tha.t the next step is 230
kV, and that NSP uses 115kV for all of its substations in the metro
area. He stated that lines that carry a higher voltage aze region-to-
region lines.
Mayor Mertensotto asked w�at 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 aze some old poles coming in
from the west and there are two new ones tha.t go across the
Mendakota Park azea, and the ones parallel to Wagon Wheel going _
through Friendly Hills aze very old. He asked how much more noise ��
will be genera.ted at the substation.
Mr. Callahan reviewed overhead transpazencies 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 stabilization 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 retaining wall be installed
and that the area be excavated flat to the fence. He stated 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
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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 lugh 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 laoking at just dr�Yving steel
pilings in a zigzag configuration and the sheet piling will not be
coated. He stated tha.t NSP daes 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 ha.nd 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 ha.ve any
opportunity to reflect the sound, as it is only 12 feet lugh and about
200 square feet of surface azea. He stated that if it is found that the
wall amplifies the noise, NSP could put an acoustical dea.dening
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 rea.dings within thirty
da.ys 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 aze two parts to the guidelines -
there is an L10 reading and an L50 reading. He stated that those aze
day ti�ne and night time standards, that mrans that sound exceeds a
leve110% of the time. He stated that NSP has not provided the L50
readings because more than 50% of the time the sound is level.
Responding to a question from Councilmember Smith, Mr. Callahan
stated that the rae.dings 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 heard 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 lughest reading
found and the lowest reading found at any of the sites.
Councilmember Smith pointed out that there aze intermittent 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 readi.ngs 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 readings 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 constntction.
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 sta.ted that the readings aze at the limit of the
PCA standard.
Mr. Silberman responded that the 52dB rea.ding was taken one hour
out of the night.
Mrs. Jann Blesener asked how atmospheric conditions affect the
noise. She sta.ted 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 aze 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 pmduces a low
fiequency sound which is very tonal, and at that frequency, for
instance at 848 Mendakota Court, the day time readings at 120 hertz
show the maxi.mum 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 representa.tives 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 sta.ted that a positive attitude would be that NSP is going to do
everything possible to reduce the noise both in landscaping and
sound attenuation.
�.
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Page No. 26
July 2, 1996
Councilmember Krebsbach stated that it would have been helpful to
have the readings by site.
Responding to a question from Councilmember Smith, Mr. Callahan
showed overheads on the location of the new poles. He explained
that NSP proposes to raise the berm where the transformers and had
talked about raising the other berm as well but fill would need to be
imported. He stated that it was felt that if NSP could trade the
berming for more trees and landscaping azound the perimeter of the
substation, it would pursue entirely landscaping the wall on the west
side with plantings and arborvita.e on the east side to equalize the
screening azound 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,
azborvitae 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 stated that there akeady is a wall, and she did not
think the new wall will be seen from the Eide Addition. She
informed Council that the wall can't be seen from that area now.
She stated that p�rt of the reason the noise goes to the north and
northwest now is because it bounces off the e�cisting 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 unpact 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 wa11 does not
help.
Mayor Mertensotto asked if NSP used. any outside acoustical
consultants.
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Page No. 27
July 2, 1996
Mr. Silberman responded that NSP had an acoustical engineer, Dave
Braslau, speak to Ms. Blesener a number of years 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 stated 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 tha.t it is
tiying 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.
r
,,. Mayor Mertensotto informed Mr. Callahan that Council is very
sensitive to noise. He explained the air noise impact and the impact
of &eeway noise, and stated that perhaps the city's standards are not
appropriate. He asked the NSP representatives to give Council the
. opporlunity 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 ha.d 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 days based on additional
information requirements.
Ayes: 4
Nays: 0
Page No. 28
July 2, 1996
Councilmember Huber moved to extend the application to 120 da.ys,
with direction to staff to detemiine the availability of an acoustical
engineer to review th� plans.
Councilmember Smith seconded the motion.
Mr. Silberman asked for clarification on what additional information
Council wishes. .
Mayor Mertensotto sta.ted 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 ackaowledged a memo from Fire Chief Maczko requesting
authorization to retain Diane Wazd as Fire Department secretary to
train a sur,cessor and continue secretarial work until as replacement
is found
Administrator Batchelder stated that Ms. Wazd 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. Wazd's
resignation has been accepted, the city could hire her as a temporary
part-time employee without henefits.
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 aclaiowledged a memo from Administrator Batchelder
regazding 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 azeas.
Councilmember Huber seconded the motion.
Page No. 29
July 2, 1996
Ayes: 4
Nays: 0
EXCESS RIGHT-OF-WAY . Mayar Mertensotto informed Councii that he has spoken to Keith
Slater, Mn/D(7T R.ight-of-Way Engineer, about the excess right-af
� way turn back for T.H. 55 and also the AT&T lease. He stated that
� Mr. Slater indicated that he has received no afficial reques�
Cauncilmember Huber moved to direct Administrator Batchelder to
natify Mn/Dt)T in writing that Council by motian has requested that
; Mn/DOT comrnence action to turn back to the city the excess T.H.
Ayes; 4
Nays: 0
COUNCIL GOMMENTS
�
:! • 1:�.
Ayes: 4
Nays: 0
ATTEST:
Charles E. Mertensotta I
Mayor ;
55 right-of-way from Northland Drive to I-3SE.
Cauncilmember Krebsbach seconded the motion.
Cauncilmember Kxebsbach 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 af a motorist who nearly hit two
cluldren who were wallcing along the road. She felt that a trail along
Victoria Gurve would alleviate the problems and avoid the potential
for someone getiing injured.
Councilmember Smith responded that #he problem is that the
frontage road is a through street naw rather tY�an just a road servicing
the neighborhood.
Engineer Mogan was directed ta prepare a report on the cost and
feaszbility of a pedway.
There being no fiuther business to come befare the Council,
Councilmember Huber moved that the meeting be adjaurned.
Councilmember Smith secanded the motion,
TIME OF .ADJOURNMENT: 12:45 o'clock A.M.
Kathleen M. Swansan, City Clerk
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION MINUTES
JULY 23, 1996
The regular meeting of the Mendota Heights Planning Commission was held on
Tuesday, July 23,� 1996, in the City Hall Council Chambers, 1101 Victoria Curve.
The meeting was called to order at 7:35 o'clock p.m. The following members were
present: Betlej, Vice Chair Duggan, Friel, Koll, and Tilsen. The following members
, were excused: Chair Dwyer and Lorberbaum. Also present were Public Works
Director Jim Danielson, Planning Consultant Meg McMonigal, Administrative Intern
Patrick Hollister, and Recording Secretary Cheryl Wallat.
�
APPROVAL OF MINUTES
Commissioner Tilsen moved approval of the June 25, 1996 minutes with
corrections. I
Commissioner Duggan seconded the motion. -
AYES: 4 I
NAYS: 0
ABSTAIN: 1 (Commissioner Betlej)
MOTION CARRIED.I
CASE NO. 96-20: I
EDINGER -
REAR YARD SETBACK VARIANCE
Kris Edinger was present to discuss her request for a 5-foot variance to the
required setback for her home located at 705 Ocala Lane, for a deck and porch
to be located 25 feet from the rear property line as required in the R-1 zoning
district.
Commissioner Koll noted this improvement would be an asset to the
neighborhood � Commissioner Friel inquired if all of the signatures of neighbors
in the requisite distance had been obtained. Ms. Edinger confirmed they had
and noted she had received comments in support of the proposed
improvements.
1
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,
Commissioner Betlej noted the drawings indicated a deck which would be 11
by 16 feet which would require a 6-foot variance. Vice Chair Duggan noted
as well that the Commission would be considering a 6-foot variance for the
deck side.
Vice Chair Duggan advised Ms. Edinger the City will require scale drawings of
the porch and deck area. Commissioner Tilsen felt the yards in the area were
crowded and asked if Ms. Edinger had intentions of adding an accessory
structure. In addition, Commissioner Tilsen asked if she would be willing to
have a condition placed on the variance that an accessory would not be added
in the future. Vice Chair Duggan noted storage area could be provided by
utilizing the space under the deck and/or porch. Commissioner Friel stated he
did not feel the Planning Commission had the authority to place a condition on
the variance.
Commissioner Betlej moved to recommend that the City Council grant a 6-foot
setback variance as requested to allow the construction of a deck and p�rch
subject to detailed plans of the deck and porch being submitted to the City.
Vice Chair Duggan seconded the motion.
Commissioner Friel commented this is the kind of circumstance which the
Planning Commission has recognized as one where it ought to have the ability
to recommend granting a variance even though it was not justified under the
ordinance because it did not meet the hardship requirement, just as the request
` of Ms. Edinger fails to meet the hardship requirement. He noted this is a
fundamental requirement in order to obtain a variance. Commissioner Friel
stated the Planning Commission had sent forward a recommendation to the
City Council by way of an ordinance to correct that deficiency to enable the
Planning Commission to deal with variance requests such as this without
violating the City's ordinance. Since City Council has not responded to this
request, Commissioner Friel stated he would be constrained to comply with the
ordinance and would not be voting in favor of the request. -�
AYES: 4
NAYS: 1 (Commissioner Friel)
MOTION CARRIED.
Vice Chair Duggan noted this matter will come before the City Council for their
consideration on August 6, 1996.
2
CASE NO. 96-21: �
WIRTANEN CLARK LARSEN ARCHITECI'S -
MONUMENT SIGN VARIANCE �
Ted MacLeod, Associate Architect, Wirtanen Clark Larsen Architects, appeared
on behalf of Nafional Rod Ends in requesting a 40-foot variance to the required
setback for signs, from 40 feet to 0 feet, to locate a ground sign at its property
line. �
Commissioner Tilsen inquired if there would be any distance off the properry
line which would be satisfactory for placement of the sign. Mr. MacLeod felt
if the sign were located within five feet, that would be satisfactory; however,
if it were to be moved back further than the five feet, it would interfere with
drainage on the property.
Commissioner Frie! inquired as to the business of National Rod Ends. Mr.
MacLeod explained the nature of the business and that rod ends are used for
suspension i,n cars and meat packaging equipment. Commissioner Friel
commented there probably would not be a lot of retail travel in and out of the
business and Mr. MacLeod confirmed that would be true. Vince Jiovanazzo of
National Rod Ends noted the Iocafion in IVlendota Heights was desirable due to
the exposure �to traffic traveling on Highway 55. He explained that 20 percent
of National Rod Ends business surrounds high performance vehicles with the
balance of the business being for industrial uses.
Mr. Jiovanaz i o� further ex lained that the cor oration initiall in
P p y tended to put
the company �name on the building; however, due to corporate decisions and
policies, the iignage could not be located as originally intended.
Commissionec Koll commented she has no problem with the request for the
sign since the �sign is actually located on a frontage road. With respect to the
sign itself, Co �mmissioner Koll inquired if the sign was two-sided and what type
of illumination would be utilized. Mr. Jiovanazzo stated the sign would be
internally lighted.
Vice Chair D Iggan asked for clarification on the arkin s ace notin h
p g p g t a t
under C1.1 of the site plan, it reflects office at 5,095 square feet, indicating
one space for �every 500 square feet; however, in reviewing another request,
it is noted one space for every 200 square feet in relation to office space. City
Planner Meg McMonigal noted over 6,000 square feet requires one space for
every 200 feet and under 6,000 square feet would require three spaces plus
one for every 500 square feet.
3
Vice Chair Duggan further questioned with respect to manufacturing if there
is a difference in relation to manufacturing versus parking for warehouse. City
Planner McMonigal stated there would be a difference in that for
manufacturing, four spaces are required plus one for every 800 square feet.
With respect to warehouse space, one space is required for every 500 square
feet over the initial 500 square feet.
Commissioner Tilsen expressed his opinion with respect to the internal
illumination of the sign that there is sometimes a tendency to over light the
signs. Mr. Jiovanazzo clarified there will not be illumination of anything other
than the sign. Commissioner Tilsen encouraged that the sign not be over-lit.
Mr. Jiovanazzo stated it would not be his intention to attempt to attract traffic
since the business is not a retail outlet.
Commissioner Friel inquired if the sign meets the requirements of the ordinance
and Public Works Director Danielson stated measurements had not been taken;
however, this issue will be addressed.
Vice Chair Duggan expressed his opinion this is an excellent plan.
Commissioner Koll moved to recommend that the City Council grant a 40-foot
variance to allow the installation of a ground sign at the property line as
requested.
Vice Chair Duggan seconded the motion. _
Commissioner Betlej quesfioned the justification behind the variance and asked
the Commission if this variance would serve to alleviate an undue hardship or
was the hardship brought upon by the applicant. Commissioner Friel noted his
agreement with Commissioner Betlej's comments and stated he does not see
a hardship and will not vote in favor of the request.
AYES: 3 � �
NAYS: 2(Commissioners Betlej and Friel)
MOTION CARRIED.
CASE NO. 96-23:
UNITED PROPERTIES -
PUD CONCEPT PLAN
This matter was passed to be considered after the other items on the agenda.
4
CASE NO. 96-19:
INDEPENDENT SO.HOOL DISTRICT 197 -
CUP FOR TEMPORARY PORTABLE BUILDING
Lois M. Rockney, Assistant Superintendent, Independent School District 197,
appeared requesting a Conditional Use Permit to place a portable building for
temporary classroom/office unit on the nnrth end of the Mendota Elementary
School for the 1996-97 school year. The building would be removed at the
end of the school year since the new Friendly Hills Middle School will be open
for the 1997 school year.
Vice Chair Duggan inquired if the existing parking requirements were sufficient
to meet the �addition of the portable and if consideration had been given to
setbacks in relation to other buildings on the property. Public Works Director
Danielson stated the fire marshall will address those issues.
Ms. Rockney�noted she has conferred with the fire marshall with respect to the
setbacks and it was her understanding the setbacks for the portable would be
consistent with the current setbacks for the portables presently on the site.
�
Vice Chair Duggan asked if the question of handicapped access had been
resolved. Ms Rockney noted she did not anticipate students with handicapped
needs would �,be utilizing that building.
Commissioner Koll noted the District would not make the request if there were
�
not a need for it.
Commissioner Tilsen asked for clarification on the location of the portable. He
also inquired i�f the fire marshall had visited the site and Ms. Rockney stated the
fire marshall does make periodic visits to the school.
I
Commissioner�Tilsen further expressed concern for any possible safety hazards
with respect to general access in the event of an emergency and stated he
would encourage a site visit by the fire chief or fire marshall for their approval.
Ms. Rockney stated the School District would definitely be willing to
accommodate� that request. �
Vice Chair Duggan asked for verification of the accuracy of the scale drawing.
Public Works Director Danielson noted the drawing was not accurate. Vice
Chair Duggan �asked that an accurate scale drawing be provided to the City.
Commissioner� Friel moved to close the public hearing.
Commissioner; Betlej seconded the motion.
5
�
�
AYES: 5
NAYS: 0
MOTION CARRIED.
Commissioner Betlej moved to recommend that the City Council approve the
Conditional Use Permit- for a temporary portable building at Mendota
Elementary School for Independent School District 197, subject to removal of
the portable on July 1, 1997, fire marshall approval, and the submission of
accurate scale drawings to the City.
Commissioner Koll seconded the motione
AYES: 5
NAYS: 0
MOTION CARRIED.
VERBAL REVIEW
Public Works Director Danielson noted one case went before the City Council
which was the Northern States Power Conditional Use Permit for expanding
their substation. The Council expressed concern with respect to- noise. The
matter was tabled and the City hired a noise consultant who met with NSP at
the last Council meeting to discuss the ground rules for the investigation. They
will meet prior to the next Council meeting to determine alternatives for
improvements to the noise mitigation for the adjoining homes.
Vice Chair Duggan recessed the meeting at 8:28 p.m. and resumed the
meeting at 8:35 p.m.
CASE NO. 96-22:
PASTER ENTERPRISES -
CUP FOR LAND RECLAMATION
John Streeter, Paster Enterprises, addressed the Planning Commission and
explained that Paster Enterprises is closing on the underlying fee statement of
the parcel of property adjacent to the shopping center property on or before
August 10, 1996. Mr. Streeter further explained the Mendota Heights Senior
Housing Project has approximately 34,000 yards of dirt which must be
disposed of off-site. The Dakota County HRA could save a substantial amount
of money if they could place this excess soil in the general vicinity without
having to truck it off-site.
0
Mr. Streeter� noted the parcel of property adjacent to the shopping center has
been engineered to hold approximately 'I 5,Cl00 yards of dirt. Ne further noted
a study had �been completed by the Paster Enterprises engineer as well as the
City engineers and as a result, the run off the ravine would hoid would be
redesigned, �but wauld still meet the same engineering standards as presently
exist.
Mr. Streeter stated any fi11 over 4t}4 yards within the Ciiy ofi Mendota Heights
would require Planning Commission approval as well as City Council approval.
M�. Streeter estimated the savings to Dakota HRA to be approximateiy
526,000. I
i
Vice Chair Duggan asked for clarification af the location of the praperty and
verificafiion �of where the land fitl would be coming from. Rod Roetzet,
Consutting Engineer, Bolton and Menk, Inc., addressed this request and
reviewed drawings of the subject area.
I
y
Vice Chair �Duggan inquired if a determination had been made that the
underlying properties were owned by Sheehy. Mr. Roetzel confirmed fihey
were owned by Sheehy. Mr. S#reeter commented that Dorsey & Whitney
made a search with respect to the owners of the underlying fee statements
relafive ta the three parcels of property. He explained the westerly most parcel
is owned by� the Sheehy family, the center parcel is owned by the Estate of
Laura Fischer; and the parcel to the east of that belongs to the Nature Center.
Mr. Strester` noted in addition to the search made by Dorsey & Whitney,
Dakata County has made a thorough search as well.
Mr. Roetzel slated the issue af drainage has been discussed with the City and
MNDOT. He �stated ti�is area is not a wetland under any classification he could
find. With respect to hydraulics, both MNDOT and the City have indicated
there is no need ta provicle a retention po�d, but rather sedimentation quality.
Vice Chair Duggan noted this was within 1{30 feet of a wetland and that an
applicatian would need ta b� made for a wetland filting permit. He inquired if
the public hearing had been noticed to that effect. Public Works Directar
Danielson stated it had not been included in the notice for a public hearing.
Mr. Roetzel noted there would be trees impacted by #he filting area. He stated
the developer`s intent would be to wark araund the existing trees as best he
cou(d. Vice Chair Duggan noted it was estirnated 54 trees would be removed
�
and that there� is a policy with respect to tree removal. Public Works Director
Qanielson noted a tree removal permit would need fio be considered by City
council. 1 �
F
�
Vice Chair Duggan asked if there were plans to replace the 54 trees with a like
number in another location. Mr. Streeter stated it was his understanding the
developer would be allowed by code to take down six trees at a time without
a permit. Vice Chair Duggan stated he did not agree that was accurate. Public
Works Director Danielson stated a total of six trees could be taken down
without a permit.
Commissioner Tilsen inquired if substantiation that the wetland will not be
affected by the fill had been obtained from biologists. Mr. Streeter stated this
had been verified by the City Engineer. Mr. Streeter added this particular area
is part of a watershed, but not a wetland. Commissioner Tilsen related his
understanding of a wetland and urged careful consideration be given with
respect to this issue. Mr. Streeter stated this is not a natural wetland in that
the ravine is manmade as are the banks. The stage of the ravine was to be a
holding sediment pond for the run-off of the parking lot of the shopping center.
Commissioner Tilsen stated his understanding the law does not differentiate
between natural and manmade wetlands.
Commissioner Friel noted this is the natural drainage whether it has been
enhanced or not. He felt there was speculation as to the nature of the wetland
and stated he would like to have definitive advice from staff prior to making a
recommendation. Public Works Director Danielson commented he did not have
a definitive answer, however, there is a manmade water course which was
constructed by the City to carry the water flow by the site. He noted there is
no proposal to fill or disturb that water course whatsoever. Mr. Danielson
stated his references were to the skimming pond which was constructed on
the site to remove McDonald's paper and oil and grease from the parking lot
of the shopping center. He stated he will further discuss this matter with City
Engineer Marc Mogan.
Mr. Streeter offered to hold back 100 feet from the wetland with any fill and
stated he could still proceed with the project. Vice Chair Duggan noted�the
Planning Commission would require verification of the location of the wetland.
Vice Chair Duggan inquired if the purpose of the request was to expand the
parking lot in addition to acquiring material which would be relatively free and
saving money in that it would not be necessary to haul the material to another
site. Mr. Streeter noted at this time, that would be correct. Vice Chair Duggan
inquired if there was a need for additional parking. Mr. Streeter stated there
was not a need for additional parking at the present time.
Mr. Streeter recited the history of the parcel indicating this parcel had been
taken away from the shopping center property as a taking in 1954. The
E:
developer i,s asking for the return of the parcei for undetermined future
development. Vice Chair Duggan expressed concern regarding the future plans
for the property and the fact that Dodge Nature Center would be impacted by
any future plans. He pointed out the Planning Commission has the right to
request this �information and noted it would be helpful if the developer were to
submit a proposed conceptual plan.
� `
Mr. Edwin Paster addressed the Planning Commission and stated one of the
reasons for �purchasing the property was to ensure an unwanted competitor
would not become located adjacent to his current property. He acknowledged
any future pl'ans would have to be approved by the Planning Commission prior
to its development. �
Commissioner Tilsen asked for clarification of the statement reflected in Mr.
Roetzel's letter of July 3, 1996, to City Engineer Marc Mogan which states,
"Based upon your verbal approval, the proposed outlet is a 42" CMP with a
sedimentation weir set at the 1-year pond elevation of 833.7." Mr. Roetzel
explained this sedimentafion detail, which is standard for all watershed districts
in the area, is typically set for a one year pond elevation.
Commissioner Friel explained he would have difficulty in authorizing the filling
of any kind of land unless a proposed plan was presented which would outline
a specific purpose or plan. He expressed his belief that there had been an
oversimplificafion of the status of the title of the property and felt there would
be a need to �prove valid title of the property.
Mr. Streeter I ommented the developer has been searchin for the owners of
9
the underlying fee statement on the property for three to four years. The
Dakota County HRA worked for two years before locating the owners of the
underlying fee statement. The developer has been working with the attorney
of the executrix for the Laura Fischer Estate and the attorney for MNDOT, he
has a Letter of Intent and a closing date has been set for August 10, 1996.
Commissione'r Koll expressed concern the property will be used in the future
for addifional parking. Vice Chair Duggan asked for clarification of the current
zoning of the property and Public Works Director Danielson stated the zoning
line is in approximately the middle of the right-of-way, which would mean the
Sheehy property is zoned B-4, which is shopping center, and the Fischer
property is half B-4 and the other half is residential R-1 A, which is large
residential lots.
Vice Chair Dul gan expressed his hope that future lans will be fortuitous for
p
the City and that it will not be ten years into the future. He urged Mr. Paster
�
`
#o submit a plan for his "dr�am" to enabta the City to know what might be
proposed in the future. Vice Chair Duggan asked Mr. Paster if he wouid also
be interested in the Sheehy property and Mr. Paster acknowledged he would
be interested in that property.
Mr. Paster stated his "dream" for the #uture would be to continue to me�t the
needs of the cenfier and provide services and goods the community would
want and be receptive to.
Commissioner Koii commented she did not feei what had been presented will
answer the cancerns of the Planning Commission. She further commented that
information is lacking and she would #ike to know where the wetlands are and
what impact couid be expected.
A representative of the Dodge Nature Center addressed the Planning
Gommissian and suggested the Dakota County Soit and Water Conservation
Service be contacted with respect to the wetland delineation. With regard to
the moveme�t of the soil, the Qodge Nature Center woutd hope that the issue
related to the wetland would be evaluated very carefully and that the developer
not be aliowed to raise the water level in the adjacent marsh.
Mr. Streeter expressed concerned with regard to the marsh area� and stated
Bowman & Mix Hydrologists were commissianed to ascertain any problem with
the downstream situafion with the water. Mr. Raetzel reviewed the procedure
which was followed by Bill Douglas of Bowman and stated a copy of his report
was contained in the Ptanning Commission's packet. Vice Chair Duggan noted
that water will follow the path of least resis#ance and stated the hydrologist's
study was not inciuded in the packet and requested a summary of that report.
Vice Chair Duggan suggested with respect to the issue of grading thafi Mr.
Paster produce a schematic side line drawing indicating the contours in
associatian with the Fischer properiy and in association with the creek.. He
requested this drawing be submitted in detail prior to the next Planning
Commission meeting.
Mr. Streeter stated the fill issue will come and go prior to the next meeting and
pointed out this would drive the construction cost of a�2.5 mitlion buitding
inta winter canstruction by holding the process back a couple af weeks. Vice
Ghair Duggan commented on the priar actians of the HRA and noted the
budget of the HRA had reflected a cost of $26,000 which had been factared
in for the removal af the dirt.
m
Vice Chair Duggan stated the second stipulation which would be necessary
would be a more in depth discussion with respect to tree removal and
landscaping�. Mr. Streeter stated this request could be accommodated. He
further stated the entire plan had been completed hand-in-hand with City staff
and City engineering. Mr. Streeter stated the entire request had been reviewed
and agreed � to by City staff. Vice Chair Duggan explained the Planning
- Commission � would not be in a position to render a decision until all of the
relevant facts had been considered.
Vice Chair D i ggan noted the Site Development Plan Check Off Sheet Item No.
1 refers to the location of all buildings on the property in question including
both existing and proposed structures and the notation "no proposed
�, structures" which would indicate the property would be left as a parking lot
and noted that Mr. Paster is stating that would not be the case. Mr. Paster
stated it is his intention to acquire the land and level it and there are no plans
for a structure or a parking area at this time. He further stated the property is
adjacent to a valuable shopping center and it is valuable land which the
developer has an opportunity to bring up to grade in addition to saving money
on the part of the developer as well as the HRA. Mr. Paster emphasized he
could not give answers he did not have with respect to future plans.
Vice Chair Duggan clarified if a structure is proposed in the future, that plan
would involve a new application. Public Works Director Danielson noted the
benefit to the �HRA or Mr. Paster was not the reason for the City's involvement.
The City did not want 34,000 yards of fill trucked off the site in the event Mr.
Paster would, at some future time, want to develop and bring in fill. This
would also save on the roadway.
Commissione I Tilsen moved to close the ublic hearin a 1•
p g t 0.00 p.m.
Commissioner Betlej seconded the motion.
I
AYES: 5 . . �
NAYS: 0
MOTION CARRIED.
Commissioner Friel moved to recommend the City Council approve the
Conditional Use Permit for land reclamation at Mendota Plaza for the movement
of the fill from the HRA site to this site subject to the following conditions:
The applicant i ust provide law in favor of Ci which will ensur r
�y e emoval of
that permit if the applicant cloes not acquire the property and subject to the
further conditions: �
11
1. That the applicant will withdraw the application for a wetiand permit.
2. There will be no spreading of the earth which is removed from the HRA
site until such time as evidence of title is made available to the City.
3. There shall be no removal of trees until tFiere is approval by the City.
4. A hydrologist's report shall be obtained which will demonstrate there is
no upstream effect of this filling on the wetland to the south and east
and that the City will get a review of the area by the Dakota County
Water Preservation District to assure they have no concerns regarding
wetland impacts all before there is any spreading of that earth.
5. An environmental impact study shall be included as well.
Vice Chair Duggan seconded the motion.
AYES: 5
NAYS: 0
MOTION CARRIED.
Vice Chair Duggan noted the requested information should be supplied by the
August 6, 1996 meeting. _
CASE NO. 96-23:
UNITED PROPERTIES -
PUD CONCEPT PLAN
Dale J. Glowa, Senior Vice President of Development, United Properties
presented the request of United Properties with respect to a Concept Plan for
a future six building development named Mendota Technology Center to be
located on Northland Drive fronting I-494 in the Mendota Heights Business
Park. The current plan includes four single-story office warehouse buildings
and two office buildings of 40,000 square feet each. The total project is
estimated to contain 240,900 square feet, located on a total land area of
21.52 acres. In addition, the buildings will be developed in phases, subject to
market demand. The intent is to find a lead tenant prior to construction of the
building. Issues with respect to ponding will be engineered within City
requirements.
With respect to appearance, Mr. Glowa provided information and photographs
of a building with similar elements which was constructed in Missouri as well
as sketches of the proposed one and two story buildings.
12
Mr. Glowa noted the planner suggested the pian include more parking than is
necessary for the project and he stated the developer could substitute some
of the parking area with additional landscaping.
Commissioner Tilsen commented on the layout of the project and indicated he
liked the idea the building would be heavily screened. He suggested the
buildings at the north end of the four warehouse one story buildings be �
widened on�the north end to allow for office space and to assist in screening
the spaces between the buildings.
Mr. Glowa Istated the had considered that• however i h
Y , , t t en becomes an
unfinancable project because it becomes a special purpose piece of real estate
in today's market and creates a marketing depth which is not desirable in the
market place.
Commissio ler Friel inquired if arcels would be sold off to investors.
p Mr.
Glowa explained the parcels would not be sold; however, United Properties
would be considering two options which would include selling the project to
a third party investor with United Properties retaining property management
services or the parent company of United Properties may retain ownership and
finance the cost through outside traditional mortgage sources.
Commissioner Koll asked for clarification of the warehouse space and
expressed concern with respect to the possibility of truck traffic. Mr. Glowa
stated the warehouse space use could include distribution or light
manufacturing work; however, it would not be conducive to heavy industrial
use. Commissioner Koll also inquired relative to the number of tenants which
would be anticipated. Mr. Glowa commented this would be difficult to
anticipate at�this time.
Vice Chair Duggan asked if consideration had been given to a restaurant. Mr.
Glowa pointed out there are insufficient single family homes in the area to
support a restaurant. however, a commitment was made to the Marriott
Corporation for the marketing of a particular site for a restaurant.
Commissioner Betlej noted with respect to the issue of density, the office
space was low. Mr. Glowa explained the market has not proven itself to be
office driven. He stated there would be a possibility of adding more density on
the site at a time possibly ten years in the future when the market matures;
however, he �did not feel the market would support the larger buildings.
13
Commissioner Betiej commented in terms of signage, he would like to see that
issue fully developed when the final concept plan is presented. Mr. Glowa
stated he would expect the major tenant to display signage for identification.
Commissioner Betlej commented on the location of the buildings with respect
to the parking area. Vice Chair Duggan inquired where Mr. Glowa would
propose reducing the parking area. Mr. Glowa explained he would expect to
reduce the front end on the office buildings and the intent would be to increase
the green area. City Planner Meg McMonigal stated the goal would be to
maintain a consist�nt landscaped area along the road. She further stated
parking along 494 would need additional illumination due to the blind areas.
Mr. Glowa thanked the Planning Commission for their comments and
suggestions.
City Works Director Danielson stated this matter will be brought before the
City Council for their consideration.
Vice Chair Duggan expressed concern regarding the exit onto Highway 55 so
berming does not become a visual obstacle.
ADJOURNMENT
There being no further business, the Planning Commission moved to adjourn
its meeting at 11:07 p:m.
Respectfully submitted,
Cheryl Wallat
Recording Secretary
�meSaver Off Site Secretarial
14
NORTHERN DAKOTA COUNTY CABLE '''.G'y''-'. �'�=--:`_ �. '` �.`.`.
COMMUNICATIONS COMMISSION '' �•; �
, 5845BIaineAvenue " ,,;��i� `.'; �; ����wr� `''
�Inver Grove Heights, Minnesota 55076-1401 , ",s f
i 612/450-9891 FAX 612/450-9429 TDD 612/552-9675 "-� �'"�;-'':-"i• �"";' �:���� t
• `. � �. �� �, :_._.� _.-
TO:
FROM:
DATE:
U U i_C :\ 1 U
City Mayors and Administrators/Clerks:
- Inver Grove Heights
- Lilydale
-1Vlendota
- Mendota Heights
- South St. Paul
- Sunfish Lake
- West St. Paul
Jodie Miller, Executive Direc�r��l
j
19 July 1996
RE: NDC4 MEETING MINUTES & AGENDA
Enclosed are copies of the LTNAPPROVED minutes from the June Sth NDC4 Full
Commission and July lOth NDC4 Executive Committee meeting. Please distribute copies
of these minutes to your city council members.
Also enclosed is a copy of the Agenda for the next full Commission meeting on
Wednesday, July 24, 1996. This meeting will be cablecast live on Channel 19 at 7 p.m.,
and will include the Public Hearing on the sale to US West.
Finally, I'm sending an update from the League of MN Cities on their right-of-way work
plan and proceedings against US West.
Please feel free to contact me at 450-9891 with questions or comments regarding any of
these issues. �
Encs.
�
0
Northern Dakota County Cable Communications Commission
FULL COMMISSION MEETING
and .
Public Hearing
Wednesday, July 24, 1996 - 7:00 p.m.
Studio A
5845 Biaine Avenue
Inver Grove Heights, MN 55076
This meeting will be televised LIVE on NDC Channel 19.
Vewers may ca114S1-7834 with citizen comments or questions.
' - -
MEETING AGENDA
riu i. �;u: r �► � �. r �.
: � �:� :l' � ii
: ��' : ►�: �
3. CONSENT AGENDA 7:10 X X
A) Approve 6/5 and 7/10 Commission Minutes
B) Approve List of Claims July 11 - 7uly 24
4. STAFF REPORT 7:15 X X
A) 1997 Draft Budgets
B) A1phaChannel
C) NATOA Conference
D) Communications Policy
5. PUBLIC HEARING 7:30 X X
Regarding sale of system to US West
A) Introduction - Chair George Tourville
B) StaffReport - Citizen Comments submitted by phone or in writing
C) Legal Counsel comments
6. VARTAN .. DI� T�SION 8:00 X X
7. iTNFINI4 F.D BLISTNF,SS 8:30
8. N.W B T4IN .4 8:35
X
X
X
X
9. AD TOLTRN 8:40 X
�
NDC
4
UNAPPRO VED
Northern Dakota- County Cable Communications Commission
Full Commission Meeting
June 5, 1996
1. Call to Order/Pled4e: The June 5, 1996 NDC4 meeting was called to order by Chair
Tourville at 7:02 p.m. The Pledge of Allegiance was recited.
Members Present: Lucille Collins, Joe Conlon, Henry Hovey, John Huber, Jodelle Ista,
Laurence Jung; James Levy, Mike Sokol, Jim Sullivan, George Tourville, and James
Zacharski. Members Absent: Alvin Boelter and Richard Vitelli. Others Present: Steve
Baker - Technical Engineer, John Gibbs - Lega1 Counsel, and Fran Zeuli- General
Manager (Continental Cablevision); Brian Grogan (NDC4 legal counsel); and Joy Curtin
and Jodie Miller (staf�.
2. Ado t�Agenda -� Motion F,-S-9F,-1 to adopt the Agenda as presented was made by M.
Sokol, seconded by J. Levy, and unanimously carried.
3.
A) Approve Minutes: The Apri13, 1996 NDC4 Commission Meeting minutes and the
May 1, 1996 Executive Committee Meeting minutes were presented for approval. M.
Sokol noted that the maker ofMotion 4-3-96-1 needs to be corrected from his name, as
he was not in attendance at that meeting Motion F,-S-96-2 to approve both the Apri13,
1996 full Commission meeting minutes, correcting the name of the maker of Motion 4-3-
96, and the May 1, 1996 Executive Committee Meeting minutes was made by H. Hovey,
seconded by J. Huber, and unanimously carried.
B) Approve List of Claims: The List of Claims for 5/2/96 - 6/5/96 was presented for
approval. J. Miller noted that 1 st quarter Franchise fees were higher than anticipated and
expenses are on� track. A more detailed budget report will be presented to the
Commission along with the proposed 1997 budget at the next meeting. Motion !�S-9h-3
to approve the List of Claims for 5/2/96 - 6/5/96 was made by J. Levy, seconded by L.
Collins and unanimously carried.
NDC4 Commission Meeting
June 5, 1996
Unapproved
4. Auditor's Re�#.: J. Miller introduced Mark Gibbs from Tautges, Redpath & Co., Ltd., the
auditing firm that conducted the 1995 financial audits for both NDC4 and NDCTV. She
also noted that her summary of the audit reports had previously been mailed to
Commissioners in their meeting packets. M. Gibbs tha.nked the Commission for the
opportunity to conduct the audit again this year and also thanked staff for their assistance
throughout the process. The auditors have issued a clean opinion for NDC4 which means
. its financial statements are presented fairly and in accQrdance with generally accepted
accounting principles. He highlighted items of interest:
. Cash increases during 1995 can be attributed primarily to Franchise fees being higher
than what was budgeted.
Financial statements will now be prepared using Govemment Accounting Standards
Board (GASB) system which will affect the operating budget for 1996 and 1997.
Under this system depreciation will be eliminated from the accounting records and
capital outlay purchases will be expensed at the time of purchase similar to cities. The
budget will show cash inflows and outflows and should be easier to prepare and
understand.
M. Sokol inquired whether a recommendation in the Management Report to estimate
funding levels between NDC4 and NDCTV on a multi-year basis is something that can be
done internally. M. Gibbs responded that NDC4 can do this and that the purpose is to
make certain that between NDC4 and NDCTV plans are made in advance for capital
outlays and money properly budgeted for this purpose. NDC4 need do nothing dif�erently
than what it has by monitoring the system.
J. Huber inquired whether in any given year the budget would appear to be out of balance
if a large capital expenditure was made for equipment. M. Gibbs responded that it is
possible; but the organization should budget for equipment reserves and spending. J.
Huber suggested that to avoid a potential debate over what may appeax to be an imbalance
in the budget during a year when large equipment purchases need to be made NDC4
should budget for reserves.
M. Gibbs added that financial reporting for NDCTV has also been switched to the GASB
system. Modon 6-5-96 4 to accept the auditor's report was made by J. Ista, seconded by
J. Huber, and unanimously carried.
A) Executive Director: J. Miller briefly reviewed the options NDC4 faces regarding
Continental's request for transfer to the U.S. West Media Group. At this time,
Continental has reported that US West has filed information with the Department of
Justice (DOJ) for an anti-trust review, but has not yet received a temporary waiver from
the law prohibiting a local phone provider from buying a cable system in its phone
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NDG4 Commission Nleeting Unapproved
June 5, 1996 �
territory. She stated that before the end of this June meeting, NDC4 must approve the
request, deny�the request, or call far a public hearing. Denying the request would stop the
clock, which continues to run toward a September 3 deadline by which time a decision
must be made or NDC4 forfeits its right to do so and the transfer is approved by default,
She suggested that when Continental obtains the waiver they can resubmit their request
for transfer �id the matter can be revisited. If the Ca�runissian decides not to deny the
request, staff urges discussions to occur regarding Continental's willingness to pay for �
legal fees incurred by the Commission throughaut the process so that, should the matter
fail to come to fruition, NDC4 has not been forced to needlessly spend unbudgeted
money. �
�
3. Miller distributed a tetter dated 715I96 which was hand-delivered by Continental just
before the beginning of this June 5 meeting along with a check in the amaunt of $3,000 to
cover some of the costs incurred during discussions of the system upgradelearly Franchise
renewal that toak place in 1995 and 1996.
An organized � rocess needs to be developed in preparing for Franchise renewal. Sta�F can
begin by researching patential agreements used by other cities that share cable systems.
�
Three cities (L'ilydale, Mendata Heights, Sauth St. Paut} have made contributions toward
continuatian of the Insight 71oca1 news program. Continental is still deciding whether to
make a cash contzibutian or to altaw NDCTV� the opportunity to advertise on the
channels. H. Havey reported that Sunfish Lake recently voted to alsa make a
cantributian. i
Last week a district court judge rejected a case where US West had tried to file an
injunction agairist the City of Redwood Falls to keep the city from enforcing its municipal
ordinance, stating that the Public Utilities Cornmission cannot interfere with cities'
jurisd'zction over their rights-af-way. There will likely be rnore similar action in the months
ahead as debate continues over the issue of who is going to have jurisdiction over what
and how the various utilities will be treated as they enter into newer areas of service and
operation. �
In a recent press release from the Alliance for Community Media (AC1V� it was reported
that the FCC released some af its rules for OVS {Qpen Video Systems -- refers to
telephone companies that of%r vi.deo services). One of the rules wauld require the OVS
operator to provide the same PECs services as the ez�isting cabie operator provides in an
area where competition exists. It is unclear, however, at this point what the requirements
might be if an OVS af�ers cable-fike services in an area where there is no competition far
these services. M. Sokol inquired whether US West provides telephone service in the
ernire NDC a.rea Chair Tourville stated that they da.
J. Mitier suggest� d that it may be apprapriate ta hoid a futl Commission meeting Juiy 24 in
order to include �a potential public hearing and approve the 199i budgets.
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NDC4 Commission Meeting Unapproved
June 5, 1996
The full report from Continental's Progress Report as it relates to the Social Contract is
available to Commissioners. Anyone wishing a copy should contact staff.
The Annual Aliiance for Community Media (ACM) Conference will take place July 17 -
20 in Washington, DC. NDC4 and NDCTV could share in the cost to send one person.
Anyone interested in attending should let staff know soon.
B) Government Coordinator: Government Coordinator Judy Skeie-Voss reported
that the character generators (CG's) for city halls have been purchased and are being
installed. Cablecasters will be trained on them and the CG's will be functional for various
city meetings soon.
Based on directive from Commissioners at their April meeting, stai�continued research on
a replacement for the character generator system currently being used for schedule and
bulletin board displays on access cha.nnels. Although there is significant difference in cost
between some CG systems and the interactive AlphaChannel system, the favorite for both
users and viewers is the Alpha system. Its value lies in being user friendly and having the
capability of being used for surveys and compilations of statistics regazding channel use.
It is easy to operate and information can be input by schools or other institutions that have
Amiga computers by simply providing data on a computer disk. Continental will provide
information on how the system will integrate with their current equipment. Staff highly
recommends purchasing the A1phaChannel system as the best value. J. Miller added that
the money for this system was budgeted in 1995 and remains unspent. A more clear
budget picture will be known next month after 2nd quarter Franchise fees are known.
Staffwas directed to provide a recommendation and an estimate of associated costs for
purchase of a CG system to the next full Commission meeting for action.
Staff has taken a brief hiatus from regular production of Insight 7 episodes for June and
July. During this time the show will highlight past productions and staff will begin training
on the new Media 100 editing equipment to be used for future productions of this and
other programs. Insight 7 can now occasionally be seen on Regional Channel6 on
Friday's at 11:30 a.m.
J. Miller commented that at a previous meeting there was concern registered over whether
Narrowcasting money would be set aside for the three smaller cities to use. With the
purchase of a portable switcher, city council meetings or other events could be taped at
remote locations without a permanent studio-type setup. Small cities could benefit by
purchasing this equipment.
6. Citizen Comments - Chair Tourville announced that calls concerning cable or Commission
issues are welcomed from the public throughout the evening's meeting.
Page - 4
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NDC4 Commissian Mee#ing
June 5, 1996 �
tlnapproved
7. ContinentaiA�ort:
�
�
A� Reimbursement of �ega) Fees: Chair Tourville brou�ht forward the issue of
Continental's� reimbursement for NDC4 legal fees incurred during discussions of the
system rebuild/Franchise renewai issue. NDC4 Iegal counsel, B. Grogan commented that
the letter accompanying the check that was delivered only this evening at this meeting
contains misr'epresentations. He noted that all too often information concerning important
issues is delivered by Coniinental the night of the rneeting, nat allowing Commussioners or
Legal Counsel opportunity for proper review. B. Grogan stated he would take issue with
a statement in the letter claiming the renewal discussions were '"�ical." This was not a
normal renewal situation that occurs at the expiratian of a Franchise. Instead, NDC4
responded to �a special request macie by Continental. B. Grogan recommended against
cashing the check as he did not believe it accurately represented what in fact occurred
during the process. He aiso registered concern that the issue was not discussed before this
evening. Chair Tourville painted out that the matter was discussed at the May meeting of
the Executive Committee. Initially, Continentai agreed to pay for one-half of up to $6,000
of the legal fees incurred as a result of work concerning the rebuild issue. The Executive
�ommittee believed Continental should pay for at least haif of the total fees of
approximately $'7,200. Chair Tourville recommended accepting the check despite the
inaccuracies in the letter. Discussion followed. M. Soko� warned that even if the
Commissian accepts this payment, the issue concerning the transfer af the system to US
West is looming and the Commission shouid make sure there is a firm and binding
commitment fram Continental cancerning agreement on payment of future legal expenses.
Chair Tnurville agreed and stated that in retrospect, the Cammissian should have haited
spending fees after reaching the �6,000 threshold and another agreement reached. tYl��
-5-9� to accept the $3,000 check in partial payment for legal fees incurred by NDC4
during the process of discussing the system rebuild/franchise�extension and consider the
matter closed upan the candition that satisfactory arrangements are rnade concerning
reimbursement of expenses incurred during the grocess af discussing and transacting the
transfer was made by J. Levy and seconded by 3. Ista. Discussion cantinued briefly. The
vote was taken and the motion carried with J. Sullivan voting Na.
� �
B� System Transfet': The issue of system transfer was brought up. 3. M'iller provided
an overview of transfer activity ta date. NDC4 received Continental`s application for the
transfer on Friday, May 3. {The apglicatian is available for review by Corrimissianers, but
, because of its valuminous size cannot be easily distributed thraugh the mail.) The State of
Minnesota requires a response from NDC4 within 30 days of receiving the application.
Criven the NDC4 meeting schedule of every-other-month, Continental pravided a letter
waiving the need to respond within 30 days. The ultimate deadline imposed by the federai
government is 120 days from receipt, ar September 3. Legal, technical, and financial
capabilities must be reviewed before that time by NDC4. The new F�deral
Telecommunications Act of 1996 prohibits a telephone company fram operating a cable
company withiri its iocal #elephone service area. B. Grogan requested fram Continentat an
explanation of the pracess they will use to obtain a federal waiver fram this prohibitian,
without which NDC4 could not approve US West's legai capabiiities to take over the
I
� Page - S
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NDC4 Commission Meeting
June 5, 1996
Unappri: }*:,� ..
system. Continental responded that they prefer NDC4 go forward with reviewing all ft�c
qualifications simultaneously and not wait for the waiver to come first. By doing so,
however, NDC4 will expend money on the matter without any assurance that the wai��et
will be granted or� some other event may cause the deal to fall apart. To date, Continehlt�!
and US West have filed for a Department of Justice anti-trust review, but have not yef
applied for the FCC waiver.
F. Zeuli commented briefly that he believed the Commission would have no problem
approving US West's technical and financial qualifications. He also assured the
Commission that Continental will agree to assist with NDC41ega1 expenses up to a
specified amount.
J. Gibbs, Continental Legal Counsel introduced himself and explained that the merger
between ContinentaT�and US West is expected to close at the beginning of the 4th qua.y�t�:..
Included in the closing will be the two authorizations (one from the Department of JusfiicF
and the other from the FCC) granting a temporary waiver from the 1996 Federal
Telecommunications Act's prohibition against a regional telephone company buying and.
operating a cable system in its telephone service area. This waiver, which is expected t�
be approximately 18 months, will allow US West to own the cable system through its
Continental subsidiaries. Very shortly a.fter closing, US West will be in process of findiz��
an ultimate owner and divesting itself of these systems. He urged the Commission to go
forward with its review process while awaiting the federal authorizations and to approve
the transfer subject to receipt of those authorizations, if they have not been received by
September 3. If for some reason the federal authorizations are not granted or some other
event outside of the control of Continental or NDC4 causes the deal to fall apart,
Continental will meet its agreed-upon financial commitment to reimburse NDC4 for legal
costs incurred in the process of conducting this transfer.
Chair Tourville inquired about Continental's offer to reimburse the Commission as it
proceeds through this transfer process. J. Gibbs replied that they estimate total legal costs
incurred by the Commission should fall somewhere between $3,500 and $7,000. He
added that Continental believes they are not obligated to pay anything toward the effort as
costs for transfer were intended to be paid out of Franchise fees. Chair Tourville stated
that first NDC4 must obtain an estimate of costs from its Lega1 Counsel for conducting
the review of US West's qualifications and then draw up an agreement with Continental
that would include a statement that if the deal falls apart, Continental will pay 100% of the
agreed upon amount. The Commission will revisit the agreement with Continental if and
when the total amount of agreed upon costs have been incuned but the process has not
been completed. M. Sokol inquired about a section of the Franchise which had been
paraphrased by staff which states that the burden is placed on Continental for payment of
all expenses associated with the transfer including stafftime which may be substantial. J.
Gibbs responded that it is Continental's view is that payment for stafftime is already being
covered by Franchise fees and that their contribution toward the cause would be over and
above any Franchise fee they are already paying. Chair Tourville stated that some type of
agreement concerning assistance in paying legal fes should be put together and presented
Page - 6
� �
NDC4 Commission Meeting Unapproved
June 5, 1996
at the next full Commission meeting for their consideration. B. Grogan stated that he
disagreed with Continental's interpretation of the Franchise fee use and that he believed
they do not have the right to of� set legal fees incurred during the rebuild discussions
against Franchise fees. He stated that he did not believe the total costs to conduct the
transfer review should exceed $7,500; however, should one or more member cities wish to
have input on�the process there may be city attorney fees to also consider, even though
NDC4 has authority to act on this matter.
Chair Tourville directed staiito find out what other metro systems that are also facing this
transfer question are doing and what their time lines look like. J. Miller commented that
the Meredith systems which are being bought by Continental are more complicated. J.
Gibbs added that relative to the Meredith situation, the NDC transfer should be fairly
simple. Agreement has been reached by Meredith system governmental units not to take
the full 120 days for-review of both transfers. If after figuring out its schedule, NDC
needs waivers,from State laws in order to keep the process moving forward, Continental is
open to providing them. He also noted that none of the Commissions plan to hold up the
review process while waiting for the federal waivers.
�
B. Grogan advised the Commission that NDC4 must abide by State guidelines and
therefore, needs to issue a deternunation to hold a public hearing to learn if citizens will be
adversely affected by this transfer. Brief discussion follor�ved on when to hold the meeting.
Motion �S-9l�6 to hold a public hearing on Wednesday, July 24 at 7:30 p.m. following a
short Commission meeting at 7:00 p.m. was made by J. Levy and seconded by J. Conlon,
and unanimously carried. Staff will notify cities of the public hearing and post the notice
in the newspaper and on the channels.
B. Grogan noted that September 3 is the deadline for responding to the transfer request,
and the next Commission meeting will occur September 4. J. Gibbs suggested that a vote
could be taken following the public hearing if the Commission desired. Otherwise,
Continental would be amenable to waiving the September 3 deadline so the Commission
could meet at their regular time on September 4 to make their decision. J. Gibbs
emphasized that the Franchise clearly delegates the authority to NDC4 to make the
decision regarding the transfer. B. Grogan reminded Commissioners to contact staff
should their respective city councils request transfer information as cities often provide
direction to their Commission representatives.
M. Sokol inquired whether the Commission can agree with Continental to waive the
timing requirements without losing the right to grant or deny the transfer. B. Grogan
replied that under federal law there is specific language that states the two can mutually
agree to extend the timeframe beyond the 120-day limit; and Continental has supplied a
letter stating they agree not to assert a claim that NDC4 acted in an untimely manner to
satisfy state requirements.
�
C) Technical Update: F. Zeuli reported that during Phase I in early 1995, fiber
backbone was being deployed from the head-end out into NDC and to the optical nodes.
Page - 7
NDC4 Commission Meeting
June 5, 1996
Unapproved
Of the 75 miles of fiber to be deployed in the NDC area, 30 has been completed. In mid-
1995, design and preliminary preparations began for the 750 Mhz upgrade which would
allow for 500 homes to be connected to each node. At that time Phase II was initiated
and Continental built in the concept of the� fiber backbone. Under this fiber system, the
number of amplifiers used will be reduced thereby eliminating "cascade" (ingress) and
improving signal quality. A 750 MHz rebuild would eliminate all the amplifier problems.
The original plan was to build a fiber backbone consisting of 2000 homes per node and an
85% reduction in "cascade." Cunently the system has a 10,000 homes connected to one
of three nodes. Some of the strand and cable related to the rebuild has been put up and
some splicing complete; no underground fiber has been laid which is more expensive. Out
of the 750 MHz process it is 20% - 25% complete. Fiber backbone has been webbed into
the 750 MHz system, but it has stopped.
Technical Engineer, �Steve Baker further commented on technical aspects of the fiber
plant. He explained that when the fiber cascade reduction plan meshed with the 750 MHz
rebuild, Continental had to redesign and move the locations and placements of nodes and
feeder lines and change the distribution areas. Activity stopped, leaving Optical Transition
Nodes (OTN's) capable of feeding a 10,000 home service area on average, and if
activated, reduce cascades by 50%. The full fiber backbone was tied to the rebuild. Chair
Tourville inquired whether the 750 Mhz system will be provided to the NDC system by
mid-1997 as reported to the FCC in one of Continental's updates required by the Social
Contract. F. Zeuli responded that at the time the report was written, he had hoped
negotiations for the rebuild would succeed. He further stated that he would be happy to
again offer NDC4 the rebuild in exchange for a 5 year extension to the Franchise with a
definite response deadline. (A copy of a letter dated June 3, 1996 containing the offer was
distributed to Commissioners.) Chair Tourville questioned whether Continental intended
all along to go forward with the rebuild and have it completed by 1997. M. Sokol pointed
out that the update to the FCC dated October 1995 stated at that time Continental had
already commenced rebuild of the NDC system from 450 MHz to 750 MHz. F. Zeuli
explained that although the discussions regarding the rebuild had stopped, reasons to
enhance the NDC system are still there and the offer to rebuild as previously stated is still
open. Chair Tourville inquired whether Continental might rebuild the system anyway. J.
Gibbs responded that according to the Social Contract Continental is obligated to rebuild
a certain number of systems, as it chooses, to either 750 MHz or 550 MHz over a period
of four years. US West has agreed to accept the terms of the Social Contract, but beyond
their ownership there are no obligations to continue with terms of the Contract. B.
Grogan inquired whether the deadline of July 10 to respond to this offer was realistic
given the past experience dealing with procedures that involve seven cities. F. Zeuli
commented that when NDC customers become aware that St. Paul customers are
receiving more channels, there will inquiries. Motion 6-5-9�7 to reject the offer
presented by Continental� to upgrade the NDC system to 750 Mhz in exchange for a five
year extension to the Franchise was made by J. Huber and seconded by M. Sokol. J. Levy
inquired whether the deal included any of the provisions that had previously been
negotiated. F. Zeuli replied that it did not. It was speculated that the rebuild could be
completed by mid-1998. In continued discussion it was made clear by Continental
Page - 8
�
NDC4 Commission Meeting Unapproved
June 5, 1996 �
representatives that with this offer, at the conclusion of the current Franchise in March
2000, negotiations would need to take place regarding continued funding for PEG and its
operations. F. Zeuli confirmed that this offer is consistent with the initial oi%r where
funding for PEG access would end at the end of the Franchise. Chair Tourville stated that
he would consider the offer if the conditions and liabilities of the current Franchise were
included. He�further cautioned Continental that if customers in the NDC area inquire why
they cannot have the same chanrtel line-up as St. Paul, the information they are given
needs to be neutrally and accurately presented by Continental Customer Service
Representatives and others. The vote was taken and the motion was unanimously carried.
J. Miller inquired whether NDC could cooperate with Continental in the customer service
training when�the St. Paul system rolls out its new channels. F. Zeuli agreed it would be a
good idea. She also inquired what the NDC area can expect to experience with the fiber
and OTN's right now. S. Baker responded that the majority of the 75 miles of fiber has
been installed.� The installation of the electronics, however, is very costly. F. Zeuli added
�
that for competitive reasons Continental wants to continue with the fiber project, but it is
too costly.
8. Legal Counsel Re�.: Items were covered under Continental's report.
9. Ad Hoc Variance Technical Committee Report - M. Sokol reported that the
Committee met on May 14 with Continental representatives, Bob Ryan and Fran Zeuli.
Three variances were discussed: High Speed Data Transmission (expired the end of
January), Interconnection (expires in June), and Institutional Network (expires in June).
Based upon the information available at that time, it was the consensus of the Committee
to grant a one �year variance on all three and Continental agreed to officially request the
same. J. Millei stated that the three variance requests were received at the NDC4 office
this very aftemoon. Continental's position at that meeting was that under the new 1996
Federal Telecommunications Act, they were no longer obligated to provide these services.
For marketing reasons, however, they would like to do so when technically and financially
feasible.
M. Sokol stated that since that meeting he has had more opportunity to research the issue
and believes it is clear that these services were contemplated when the Franchise was
adopted in 1984. He now believes the Commission should require Continental to provide
these services because they were planned for before the Franchise was ever enacted and
because people have need for some of these services. Discussion followed during which
Chair Tourville pointed out that the Commission was told by Continental that the rebuild
would address many of the issues involved with the variances. J. Levy commented that at
the time the Committee met, they were under the impression that NDC4 had lost its ability
to enforce these Franchise requirements. He asked for B. Grogan's opinion. B. Grogan
stated that he believes the variance requests stand on their own merits and there is nothing
in the telecommunications act that preempts or supersedes NDC4's ability to enforce the
Page - 9
NDC4 Commission Meeting
June 5, 1996
Unapproved
Franchise with regard to these variances. Given that one of the variances has already
expired, the Commission does need to take some action. Motion 6-5-9l�8 to have the Ad
Hoc Technical Committee review the variance requests once more and make a final report ---
at the July 24th meeting was made by 7. Levy, seconded by J. Sullivan, and unanimously
carried.
10. NDCN Update: J. Miller reported that NDCTV has changed its operating hours on
Mondays from 4:00 p.m. to 9:00 p.m. and extended weekend hours to include being open
every Saturday from 9:00 a.m. to 5:00 p.m.
11. Unfinished Business: No unfinished business was brought up for discussion.
12. New Business: No new business was brought up for discussion.
13. Personnel Topics: (This portion of the meeting was conducted off camera.). Chair
Tourville stated that the Executive Director's annual evaluation has been completed and it
is the recommendation of the evaluators to grant the Executive Director a 4% increase in
salary. Motion F,-S-9Fi-9 to approve a 4% increase in annual salary for the Executive
Director effective January 1, 1996 was made by G. Tourville, seconded by J. Huber, and
unanimously carried.
J. Miller reported that after conducting annual performance evaluations for the
Government Coordinator and the Administrative Assistant, she recommends an increase
for each. Motion �5-96-10 to approve a 4% increase in salary for the Government
Coordinator effective April 17, 1996; and a 4% increase in salary for the Administrative
Assistant effective May 1, 1996 was made by J. Ista, seconded by J. Huber, and �
unanimously carried.
14. �,iour mment: Motion l�5-9l,-11 to adjourn the meeting was made by J. Huber and
seconded by L. Collins. The meeting adjourned at approximately 9:45 p.m.
Respectfully submitted,
Joy A. Curtin
NDC4 Administrative Assistant
and Recording Secretary
Page - 10
�
r
.---� �,.
Northern Dakota County Cable Communications Commission
' Executive Committee Meeting
� July 1Q, 199G
1. Cal(.to Qrder/Ado t�Agenda: The July 10, 1996 NDC4 Executive Committee meeting
was called to order by Chair Tourrilie at 5;45 p.m. in the Car�ference Room.
Nlembers Pres � nt: Lucilie Collins, 3ohn Huber, Jodelle Isia, Mike Sokol, George
Tourville. Oth�ers Present: Fran Zeuli - General Manager, Steve Baker - Technical
Engineer, and Jahn Gibbs - Legat Counsel, {Contirtental Cablevision); Brian Grogan
(NDC4 Legal Counsel); and Jodie Miller and Joy Curtin (NDC4 staf�j.
� Motian 7-I P-9�1 to adopt the Agenda as presented was rnade by M. Sokal, seconded by
J. Huber, and unanimously earried, ,
2. Ap,iprove_Cla'ims',- The List of Claims for 6/6/96 - 7/10/96 was presented far approval.
Motion 7-1 t1-9f-2 ta approve the List af Claims far 6Ib/9b - 7110196 was made by 7. ista,
seconded by L. � Collins, and unanimously carried.
�
3. Officers', Reports - No ofiicer's reports were given.
�
�
�
4. Staff Report • J. Miller stated that the main issue to discuss concerns the three variance
requests made by Continental for High Speed Data Transmission, Interconnectian, and the
Institutional Network. A Ietter fram Rabert Ryan, Continentai's Vice-President,
Governmental Ai�airs dated July 3, 1996 and three letters dated July 3, 1996 from
Continental's legal counset regarding the variances were received on Juiy 3 and have 6een
included in the meeting hand-outs. NDC4 Le�al Caunsel has since had an oppariunity to
review the tetters.
B. Grogan briefly reviewed the process, which has been outlined in a I98'7 NDC4
resolution, for handling the va,riance requests and progress to date. Continental submitted
requests for variances for High Speed Data Transmission, Interconnection, and the
Institutional Network. The Commission requested the ad hoc Technical Committee to
review tlie�vanances. A month ago the Committee met and vated unanimausly to deny
�
NDC4 Executive Committee Meeting
July 10, 1996
� i �
Unapproved
the requests and stated their reasons for doing so. At this point the process calls for the
matter to come before the Executive Committee for their action which will be either to
approve or deny the requests. If approved, the matter is settled until some future date; if
denied, Continental has the obligation of complying with the requirements of the Franchise
or appealing the decision to the full Commission at its next meeting.
Continental Legal Counsel John Gibbs inquired how this process compared with the action
taken at the June Commission meeting which required a report at the July 24 Commission
meeting. B. Grogan responded that the conservative approach is being taken by following
the process defined by resolution. The Committee may choose to also report at the
Commission meeting on July 24.
B. Grogan continued explaining that Continental's legal opinion as explained in their July
3rd conespondence is that all three variance issues are pre-empted or superseded by state
or federal law or some other provision and that they do not have to go through the
variance request process.
J. Gibbs confirmed that Continental acknowledges the variances exist but takes the
position that none of the three Franchise requirements are enforceable by the Commission
at this time for different reasons, as stated in his July 3rd correspondence. He further
stated that Continental agrees with the dialogue process that must take place, but if the
Commission denies the variance requests, Continental will assert it does not need to
comply with the Franchise requirements as previously stated. Chair Tourville reminded
the group that when the variances were reviewed last year, discussions concerning the 750
MHz rebuild were well underway and the Commission was told at that time the 750 MHz
system would provide services these three variances address. The rebuild offer was
withdrawn, but the Franchise requirements remain. The Commission needs to deternune
its legal right to enforce the Franchise. J. Gibbs agreed and stated that the arguments for
not providing the requirements is different for each of the three variances.
B. Grogan advised that the information in the July 3rd correspondence could be turned
back to the Technical Committee to reassess as "new information," however, there will
always be "new" information and the Commission must make a decision at some point.
He advised the group to continue forward in the established variance process.
G. Tourville stated that the pending transfers of the system do play a role in the decision-
making process regarding these variances. J. Gibbs stated that Continental is comfortable
with the Executive Committee making a decision regarding the variances and there is no
need to return the issue to the Technical Committee in order to create a record and
rationale. He further stated that the 750 MHz rebuild has nothing to do with the variance
requests. B. Grogan responded that at the time the rebuild was being discussed, Bob
Ryan assured the Commissioners present at one of many meetings that the new system
would make it possible for the servic�s of high speed data transmission, interconnection
and insti�u�ional �r�e�work to occur, thereby making the variances moot F. Zeuli concurred
that a 750 rebuild would have satisfied the needs of the three variances.
Page - 2
NDC4 Executive Committee Meeting Unapproved
July 10, 1996
Interconnection Variance: The Interconnection variance was briefly reviewed. B.
Grogan stated that in the July 3rd conespondence, Continental agrees that they have not
complied to the letter with the Franchise requirements, however they claim they have
substantially complied by other means to meet the Franchise provisions. They also cla.im it
is impossible to acquire the microwave licenses in order to fulfill this requirement.
B. Grogran noted that the test for substantial completion is subjective and can likely be
debated for ari eternity. Discussion ensued during which J. Gibbs stated that Continental
believes if the �identified needs are being met with the current service, it is likely they
would meet th�e test of substantial completion. B. Grogan argued that in the case of this
variance there is no burden on the Commission to establish a need; this provision is a
contractual requirement. M. Sokol inquired about whether it is "likely impossible" or
"impossible" to rece'ive the needed microwave licenses. J. Gibbs responded that he is
comfortable re,presenting that it is impossible because of the scarcity of paths and therefore
inability to receive legal approval to obtain licenses for three.
A question was raised on how Continental amved at costs for providing the service. J.
Gibbs replied that the costs were established based upon whether Continental could obtain
required licenses through the normal process using microwave technology. J. Miller
inquired about �the cost should a system be used that would satisfy the requirement but use
another technology, such as a fiber optic connection. J. Gibbs responded that the costs
would be different. A question was raised on when it became impossible to obtain the
licenses. J. Gibbs responded that when congestion of microwave paths became an issue is
unknown. M. Sokol added that the Commission was-never told of this impossibility in
past variance discussions. J. Gibbs responded that the need for interconnection was never
mandated before. Chair Tourville countered that, in fact, discussions concerning the
desire to have the interconnection system had taken place a few years ago during one of
the Commission meetings. When asked if Continental could look at defining costs for
getting the requirement for interconnection satisfied using some other technology, J. Gibbs
replied that an Ordinance amendment would be required to authorize that. B. Grogan
suggested that another approach would be to enforce the Franchise and relieve the
obligation to provide the microwave technology interconnection.with an Ordinance
amendment that would allow Continental to accomplish its contractual obligations with a
different form of technology. B. Grogan stated that the issue the Executive Committee
must decide tonight concerns non-compliance. Chair Tourville added that the
Commission will obtain its own legal opinions concerning, among other matters,
substantial completion.
(
High Speed Data Transmission Variance (HSDT): Chair Tourville inquired about
the costs of providing this service. It was clarified by Continental representatives that the ,
costs that were submitted in Bob Ryan's July 3 letter are only for making the service
available and that users would pay an additional fee to subscribe to the service. F. Zeuli
stated that, to date, there is no track record for establishing costs for this service since
other Continental systems are still in the R&D or testing stages of development. B.
Page - 3
� � �
�
NDC4 Executive Committee Meeting
July 10, 1996
Unapproved
Grogan stated that there is an inclination in the industry to price competitively with
telephone companies. F. Zeuli mentioned that there is an industry-wide commitment to
provide access to this technology free to all schools within one year of making it available
on a commercial basis. J. Gibbs stated that until standards are established, mass
production of equipment (boxes) necessary to use the technology will not occur.
M. Sokol pointed out that there may be a differer�ce between high speed data technology
which allows for communications within the system and "Internet Connectivity" which
means something entirely different. Continental may choose to argue that the inter-system
technology is all that is required of them if mandated to comply with Franchise
requirements. B. Grogan noted that there is a great deal of explanation of the
expectations and requirements of HSDT in Continental's proposal submitted prior to being
granted the Franchise. Continental is claiming that high speed data transmission is a
telecommunications service and not a cable service. As such, the Commission has no
authority to require the service be provided because federal and state legislation of 1984
and 1996 provides them no jurisdiction over this non-cable service. B. Crrogan disagreed
with this interpretation and offered to put his views into writing for Commissioners.
Discussion continued between attorneys on whether the contractual obligation is pre-
empted by legislation. J. Miller stated that in discussions with Continental Engineer Steve
Baker, she was told the cunent system is capable of 19.2 baud transmission rates now. J.
Gibbs pointed out that Continental wants to be able to provide this kind of service to its
customers at some point in time, just not right �now.
A question was raised on whether a vote needs to be taken at this meeting. B. Grogan
stated that it is important for the Commission to clarify Continental's obligations under the
current Franchise before it is brought up for discussion and debated during transfer
discussions. A public hearing regarding the system transfer will take place July 24th and
the absolute last date to take action on the transfer is September 4th, by which time
agreement should be reached on this issue. The Executive Committee must now decide
whether to grant the variances or deny them and look forward to the anticipated appeal
from Continental at the July 24 meeting or at the August 7th meeting. J. Gibbs restated
that regardless of who owns the Franchise, Continental's position on the variances will not
change. Chair Touiville inquired whether the transfer could be delayed if the legal
questions concerning these variances are not answered by the September 4 deadline. B.
Grogan replied that Continental being in a state of non-compliance can be an issue for
non-transfer. J. Huber suggested there is value in continuing to move the variance process
forward. M. Sokol reminded the group of the rationale of the Technical Committee's
decision to recommend denial of the variances. Discussion ensued on the ramifications of
denying the variance requests, including when costs to provide the services would be
passed on to customers. Continental's position is that as soon as they are directed to
comply, they can legally begin to charge customers the additional $4.50 per month for the
remainder of the Franchise.
B. Grogan stated that, without detailed research, he is not clear whether charges for the
Institutional Network have not already been being collected through a 1990 rate increase.
Page - 4
NDC4 Executive Committee Meeting Unapproved
Juty 10, 1996 � .
3. Gibbs countered that in his opinlon those rate provisions have been pre-empted by 1984
federal legislation. Chair Tourville expressed his frustration over Continental's
interpretation` that certain pravisions of the franchise have been pre-empted t�r supersetied
by federal and state legislation beginning in 1984. He fiarther stated that despite the
technicaiity and details of the issues, the Commission and Continental need to keep in
mind how actians will affect custamers. J. Miller pointed out that there is language in the
Franchise which states that Continentai is contracivally obligated to fuifili the agreement
regardless of changes in the law and will not lay claim otherwise; and under another
sectian, the Franchise states that Continentai will nat be relieved af their abligations
because of failure of the Cammission to enfarce them.
Executive Commfttee members briefly discussed their options. M. Sokol stated that he
has not heard �anything new from a technical point of view that woutd change what the
Technical Coriimittee recommended, the legal arguments rnust be defened to NDC4 Lega1
Counsel, and the cost matters are a policy issue. He further stated that given the time
limitations, it is important ta keep the process moving farward because in order for the
transfer to occur, Continental must be in compliance. Motion 7-10-p�3 to deny the three
variance requests far High Speea Data Transmissian, Interconnection, and Institutional
Network fbr the reasans stated by the Technical Committee was made by J. Huber,
seconded by L'. Collins, and unanimously carried. Continental now has an oppartunity ta
appeal this denial to the full Commission or comply. J. Miller inquired whether the
estimated rates for bringing these services ta the NDC system were based on utilizing the
750 MHz system. Continental representatives were unable to provide an answer. Chair
Tourvilie strc�rigly urged Continenta� to appeal the decision to the full Commission.
A question wal raised on why Commissioners who were capied an Ju1y 3rd
correspondence from Continental had not gotten copies before the meeting this evening.
F. Zeuii stated =that he met the hourly deadline an July 3rd as given to him by the
Executive Director. J. Miller responded that although Cantinental met the deadline; the
material she received was more than anticipated and it became Iogisticaily impossible to
include it in the packet.
J. Miller inquir� d whether Continental would be able to respond in writing to a dacument
forwarded to them June 19 confirming their agreement ta pay NDC4 legal fees for
transfer review; for approval by the Commission at the July 24th meeting. Continental
representatives,responded that they wouid.
3. Mi11er asked ifthe Executive Commi.ttee wished to correct far the pubiic recard the
misrepresentations in Continental's letter accamganying payment of $3,400 tawarci NDC4 .
Iegal costs incurred during "750 MHz rebuild/franchise extension discussions. Chair
Taurville resgonded that the issue was clased.
The matter regarding setting deadlines for materiais to be submitted to NDC4 in time to
be included in the packet mailings was briefly discussed. Staff noted that this is not the
first time infarmation was not presented in time for Conunissioners, staff, and legal
Page - 5
NDC4 Executive Committee Meeting
July 10, 1996
Unapproved
counsel to review prior to the meeting. Staff was directed to come with a
recommendation to the Commission for deadlines for materials to be submitted for
Commission review.
5. Continental ReQort - Items were previously discussed under StaffReport.
6. Unfinished Business - J. Miller inquired whether the meeting scheduled for August 7th
should be a full Commission meeting. It was agreed to keep that meeting as an Executive
Committee meeting. It will be better known after the public hearing on July 24th if there
is need to call a full Commission meeting instead.
F. Zeuli mentioned that Continental will be able to cablecast the spot prepared by NDCTV
announcing the public hearing. He stated that a 30-second format is best and would
probably receive more runs; however, they could work with a 60-second spot, also.
7. New Business - There was no new business brought forward for discussion.
8. �oumment: Motion 7-IO-9�4 to adjourn the meeting was made by J. Ista and seconded
by M. Sokol. The meeting adjourned at approximately 7:45 p.m.
Respectfully submitted,
Joy A. Curtin
NDC4 Administrative Assistant
and Recording Secretary
Page - 6
OATE:
�
July 29, 1996
Merta
T0: Mayor, City Cotrtcil, and City A�ninistrator
FROM:
SUBJECT:
Paut R. Berg, ICode Enfarcemer►t officer
euii.dir�q Activity Repart for July 1945
�
{XtRRENT M4HTH
'� BUILDING �
PERMI75: No. Vatuation Fee Caitected
SFD 3 565,367.00 4,707.45
APT 0 0 0
TOI�NHOUSE 0 0 � 0 '
CONDo Q 0 l 0
NISC. 50 473,305,00 I 7,4Q5.98 ;
C/T 6 160,675.00 � 2,13t.% '�
_�����..�__�«..��_,...���_����� ��_��..��_�_�^i
St� Tctat 59 Si,'194,347.00 �'514,24b.39 �
TRADE
PERMITS•
Plumbing 13
uater 3
Sewer 3
Heat, AC,
& Gas 27
-----•-----••----•----------�
Sub Totat 46
Licensina•
390.00
as.ao
52.50
� j �
YEAR TQ OATE 96
� .No. Valuation Fee Cotiected
7 i,3S0,7'I8.00 1i,163.04
0 0 0
b 71b,278.00 b,8b$.1�.
0 q 0
2U2 i,86T,458.00 28,499.84
47 9,384,i30.Op 54,127,47 '
������������������������������������
2b2 513,3t8,584.00 5901,150.54 �
b0
Zo
21
3,139.00
�oa.00
367.50
YEAR SO DATE 45
� No. Vatuation Fee Cottected
�
; 17 2,873,846.00 24,749.24
0 0 0
� 570,787.00 5,214.01
0 q 0
2t?8 '1,598,232.Q0 27,b61.64
48 2,157,758.Q0 20,847.12
277 ST,20d,673.00 578,472.Ob
G4
z3
23
2,427.00
�ts.00
402.50
959.50 � 120 13,089.50 � 101 6,9$5.00
-----------•+-----•-----------•------------------+•----------------------_____--------
� S1,417,00 � 221 516,646.(}0 � 211 59,929.50
Contractar�s � �
�.i��� t� 4 s��.00 { 3as u,a2s.Qo j�iz s7,Trs.ao
----------------------------- i-------------+------------------•-----------------+-------------•-----------------•----
Total 124 51,194,347.00 516,13$.34 � 788 513,3t8,584.00 5125,471.54 � 7'44 57,200,673.40 S46,tlb.5b
NOTE: A!t fee amousts exctude Sac, Wac, and State Surcharge. Amounts s6osm Kitt reftect onty petmit, ptan check fee, and
vatuat;an amounxs._ I
���
CITY OF MENDOTA HIIGHTS
Ma or Ci Council and Ci �
Y � tY ty strato:
August 2, 1996
FROM: Guy iullander, Parks Project Manager
SUBJECT: Ivy Park Landscape Improvements
AISTORY:
Under the Ivy Falls Storm Project a detention pond was constructed in ivy Park. The
original contract required restoration of the park, but concerned residents living in the
neighborhood requested Council to make additional landscape improvements. A landscape
architect was hired to design a planting concept that would incorporate wildflowers and low
maintenance shrub areas surrounding the pond.
Stone blocks, acquired from Acacia cemetery, were used for a flower garden retaining
wall, steps and bench�es. The trees and shrubs were installed last fall and the last of the
wildflower operation iwas completed at the end of June. A payment request for this work is
included in the claims list and attached is a list of the type of plugs and seed used in the park.
Establishment of the wildflower plantings will take several years and some special
maintenance work w'ill be required by the park maintenance crews who have been doing
similar work at several other wildflower planting sites in City parks.
VOLUNTEER WORK PROJECT BY LOCAI. SCOUTS
Christopher Beckman (1882 South Lane offered the Ci a crew of volunteers to assist
) �Y
in a park improvemerit project as part of his Pagle Scout Service Project.
�
Since the Ivy Pazk project needed some additional work, not covered by the original
contracts, I discussed the work requirements with Mr. Beclanan and he developed a project
plan that fit the Eagle� 5cout Program requirements. I coordinated the work day and equipment
and supplies the City would provide with, Mr. Becl�nan. Approximately fifteen youths from
Scout Troops 198 and 345 arrived at the park at 8:00 A.M. Wednesday, 7uly 31st, and
successfully completed the pmject at 2:30 P.M. that afternoon.
(
ACTION 1ZFA�
�
This memo is for information only.
RECOMMENDATION•
Council may want to recognize the volunteer efforts of Mr. Beckman and his scout
volunteers at a future Council meeting.
Prairie �{esf�orations, [nc.
P.O. Box 327 � Princeton, Minnesota 55371
(612) 389-4342
To � Mr• Guy Kullander
City of Mendota. Heights
1101 Victoria Curve
Mendota Heights, MN 55118
�
PRODUCT or
oa�: June 28, 1996
Invoice # 539
Completed prairie grass and wildflower seeding and planting as specified by
Job 9216, Improvement 91, Project 6B, at Ivy Hills Park in the
City of Mendota. Heights.
Tota1 cos� . . . . . . . .
Note: One to two first year mowings will be done as needed to
maintain the project area in 1996. �
See enclosed lists for species planted on this site.
e
=:,�:
$6910.00
CONDITIONS OF SALE: �
Altlwugh ell reed and plant ordera are made on the basis cf extstlng kiventory. we must reserve the ripht to carke! ahould bases irom ftre, wind or olher natural causes reduce
avaflable supplies. We yuarantee ali seles b be hue b nerta. and wNt t�eplace or refund up b the emourtt of the oriflinal otder shoWd nnY P�� P�e otherwfse.
Aocounts not paid In full within 30 days of the i�wice date w(11 have monthly ftnance charges added at a rate af 1.5%.
THIC IC VAIIR fau t_ o� eeee oev renu Tu�o un•n.n.,
0
Prairie Restorarions. lnc.
P.O. Box 327 • Princeton, Minnesota 55371
planted at Ivy Hills Park, Mendota Heights
June 1996
Short/dry grass mix (includes 25% Side oats grama, 28% Blue grama and
._ 40% Little bluestem by PLS weights and 6% June grass and
1% Kalm's brome by bulk weight)
( 201bs. PLS �
Mixed heighbmesic g'rass mix (includes 33.5% Big bluestem, 9% Side oats
grama, 2.5% Canada wild rye, 2.5% Switch grass, 25% Little bluestem
and 24% Indian grass by PLS weights and 3% Kalm's brome and .5%
Prairie dropseed by bulk weight)
� S lbs. PLS
CRP Tallgrass mix (includes 40% Big bluestem, 5% Canada wild rye, 10% Switch
grass, 10% Little bluestem and 35% Indian grass by PLS weights)
21bs. PLS
Short/dry wildflower mix (includes 2% Yarrow, 10% Lea.dplant, 9% Butterfly weed,
2% Azure aster, 1% Stiff tickseed, 1% Alum root, 1% Golden aster, 4% Bush
clover, 4% White prairie clover, 22% Purple prairie clover, 1% Prairie rose,
24% Black-eyed susan, 6% Gray goldenrod, 6% Upland goldenrod, 3% Showy
goldenrod, and 4% Hoary vervain, all by bulk weights)
- - 8 oz. bulk
Mixed heighbmesic wildflower mix (includes 2% Yarrow, 5% Giant hyssop,
4% Lea.dplant, 6% Butterfly weed, 4% Azure aster, 2% Stiff sunflower,
10% Common ox-eye, 4% Bush clover, 2% Rough blazing star, 3% Tall
blazing star, 8% Wild bergamot, 4% White prairie clover, 12% Purple
prairie clover, 13% Black-eyed susan, 2% Gray goldenrod, 2% Upland goldenrod
4% Stiff goldenrod, 3% Showy goldenrod, 4% Hoary vervain and 6% Golden
alcxard�rs, all by bul� tveights)' .
18 oz. bulk
TalUwet wildflower m'ix (includes 1% Yarrow, 4% Giant hyssop, 2% Swamp milkweed,
4% Panicled aster, 8% New England aster, 2% Canada tick trefoil, 10% Jae-pye
weed, 6% Boneset, 2% Grass-lea.ved goldenrod, 1% Sneezeweed, 1% Giant
sunflower, 4% Common ox-eye, 2% Greater St. John's wort, 10% Tall blazing star,
1% White prairie clover, 3% Purple prairie clover, 2% Mountain mint, 5% Black-eyed
susan, 3% Stiff�goldenrod, 10% Blue vervain, 5% Ironweed, 7% Culver's root, 7%
Golden alexanders, all by bulk weights)
6 oz. bullc
� '•- � s .�, ,� .
,.' �,�
�� � �
.a
Bringing people to ether with the land
� r�f �1�¢y�, ��i'`,� ��r'�i �; �•, ,
Office 612-389-4342 • Nurserv 612-�R4-����
1
PI"dlt'f6 ReStOrdrlO(1S. 1�}C. —'----
P.O. Box 327 • Princeton, Minnesota 55371
Plants installed at Ivy Hills Park, Mendota Heights
June 1996
Prairie onion (Allium stetlatum)
ButterIly weed (Asclepias tuberosa)
Columbine (Aquilegia canadensis)
Harebell (Campanula rotundifolia)
Prairie lazkspur (Delphinium virescens)
Prairie smake (Geum �'r�orum)
Rough blazing star (Liatris aspera)
Wild lupine (Lupinus perennis)
Prairie phlox (Phlox pilosa)
Plant total
180
228
120
220
85
116
448
240
�LZ
1854
J - = �" .
� r �
l' J �4
'i�?``' .� � � �
Bringing people together with the land
. � r�t�`f �y�, ��`��I771� �� ,'� ,
Office 612-389-4342 • Nurserv 619-�R4-���z
,�
`
City oi
1��.e�dota Hei�h�s
i
July 25, 1996 � ' �
I
Christopher Beckman [� �
1882 South Lane , �
Mendota Heights, MN 55118
Uear Mr. Beckman;
�
Your offer ta organize a volaciteer gmup to assist with a City Park Improvement Pnaject is
very appreciated. ;
The City F'ark Crews primary jab is to maint�in the existing parks and rar�ely have time or
resources to participate in any new constructian pmjects. New improvements are
competitively bid to pnvate cantractars, One recent project, the Ivy Falls Stormwater Praject,
required a starmwater� detention pond be constructed in ivy Park. The contractar fulfilled his
contra.ct but complaints fmm residents in,fluenced the City Councii tu add additionallandscape
impravements amund the pond. Two contrac,t�ors were hired, one to install t�s and sluubs
and the secand to install wildflower plugs and seed. Conflicts beiween the ,two operations has
1eft some final "touch up" work to be done. Here is where your offer can benefit the City.
The work left is mostly hand work sach as raek iclan in the trlled wildflower a.rea addition
F g ,
of woad clups amund 'shrub and tm.�e plantings, add edging to a"butterfly garden, replace plant
materials that did nat stxrvive 7ast winter, and the constructian of a"dry creek" using rock
mulch. �
Attached is a drawing of the poad area with the work �qaired noted. Alsa attached, is a list
of equipment and materi�Is that the City will pravide for you and the other valunt�ers,
I am iooking forward tv a suG;,essful coll�aboration b+rtween your graup and the City. If yau or
any one requires any additional infoxmation, I can be reached at the City 4ffices.
Sincerel , �
��
�
Guy Kullander, �
Parks Project Manager j
i1Q1 Victoria Curve • 1�iendota Heights, N�IY • 55118 452 � 185Q
�
`
�
CITY TO SUPPLY:
1. Construction grade wheelbarrows - 3 required
2. Shovels - spade type - 3 required
3. Shovels - scoop type for wood chips - 3 required
4. Pick ax for hard ground where landscape edging goes in
5. Rakes - broom type - for clean up/moving wood chips
6. Trash bags for wceds pulled
; .' -- �
7. Hammer to drive lawn edging spikes into ground
8. Lawn edging - approxima±ely 75 feet re,quired
9. Empty 5 gallon pails for rock picldng - 3 to 6 required
10. Push broom to clean up on bituminous trail - if necessary
11. Woods chips - approximately 20 cubic yards in three piles
Replacement plants will be provided. -
Following installation, plantings will be watered by Scouts using 5 gallon buckets and pond
water.
City will need to dispose of weeds and dead plant materials the scouts remove. They will
stockpile this material near trail by entrance to park off Maple Park Drive.
Work is scheduled to begin early Wednesday morning July 31, weather permitting.
m
0
TO:
FROM:
SUBJECT;
I M_ �l ! 1,.1 �
CITY OF MENDOTA HEIGHTS
!��! �l�1 1
July 30_ 1996
Mayor, City Council and City Ad tor
James E. Daanielson, Public Works D'
I
Recru � Civil Engineer I
Civi1 Engineer I Shawn Sanders resigned fmm the City in April af this year. In lieu of
replacing Shawn immediately, we hired two full-time temporary engineers to assist with the
summer workload. Jason 5kramstead is a Ci�il Engineering college senior who returns to his
studies at the U of M the end of September. Curt Wimpe� is a graduate Civil Engineer wha
has been out of school for over a year, aad because the end of his tenure is close, i.s looking
for ather employment.
It has been a very busy year so far and the workload will nat siow down until this
winter (see schedule below). With the lass of these two engineers it will be impossible to meet
deadla'nes, and we can see this as a continuing problem if we use temporary help. We are
therefore coavinced, that we should return ta having a fu11 time Civil. Engineer I in order to
adequately meet the engineering needs of the City. Although Curt enjoys working for
Mendota Heights and would like to continue warking here, bec+ause of the temporary nature of
his pasition, he is now laoking far other employment. He is currently cansidering an offer for
a different job.
If we are authori�z�d to recmit a full-iime Civil Enginee'r I, Curt wouid be vsry
interested in the pasiti.on and would apply for the jab. (He has done excellent work and we
are extremely interested in keeping him}.
�r � ..�.
Curleys Street Rehabilitation
Wentworth Avenue W atermain
South Plaza Cu1-de-sa.c
Dodd Road Trai.l.
Dakota BankISA Frontage Raad
Thompson Avenue Starm
Bunker Hills Street Rehabilitation
Tilsen Highland fIeights Street Rehab.
plus many other misceilaneaus pmjects.
Work rema'tuig 'n�9G197_
Final Canshuction
Final Const�uction
Pians & Specification - Construction
Plans & Spec�cation - Constructian
Plans & Specification - Construction
P1ans & Specification - Construction
Surveying - Canstruction (1997}
Surveying - Construction (1997 - 1998?)
; • � UI�,�1__�IM ,��1�
Continuing to replace Shawn Sanders with temparary engineers, makes providing
adequate engineeri.ng services for the City di.fficult. I therefore recommend that Council
authorize to recruit a replacement. Note. The starting yearly s�►lary for this pasition is
$30,'7S4 wlazch i.s totally covered by in.come to the Engineering Enterprise Fund from projects,
it does nat impact the General Fund.
� M ! � :_ .� ,! i; _ �! i
If Couucil desires to implement the recc}mmendation they should authorize staff to
recruit to fill the Civil Engineer I gositian by advertising in the appropriate publicatians.
TO:
CITY OF MPNDOTA HIIGHTS
7uly 29, 1996
Mayo I, City Council and City Admi�
FROM: Kathleen M. Swanson, City Clerk
SUBJSCT: St. Peter's Beer License Request
DISCU5SION•
For the past several years, the Council has received and approved a request from St.
Peter's Church for the Annual Father Galtier Days for the issuance of a 7�vo day, 3.2 On-Sale
Beer License. We have again received such a request, (see attached letter of request) asking
that a license for Saturday and Sunday, 5eptember 7 and 8, 1996, be granted. Hours of the
beer sale will be on Saturday from 12:00 noon to 12:00 midnight and 5unday 12:(}0 noon to
7:00 p.m.
RF,('O .11TnA'I�nN
I recommend that the City Council appmve the request and waive the fee, consistent
with our past practice in granting a license to St. Peter's Church.
ACTION IZFA TiR . � :
If Council con lurs with the recomm n
, e dat�on, they should pass a motion to authonze
the issuance of a 7�vo Day, On-Sale 3.2 Malt Beverage License to St. Peter's Church for
September 7 and 8, 1996 in conjunction with the Annual Father Galtier days, along with the
waiver of the license fee.
�
t C�-iURCI-I OF ST. PETER t
1�05 Sibley Memorial Highway P.O. Box 50679 Mendota, Minnesota 55150-0679 (612) 452-4550
July 25, 1996
M�. Kimberlee K. Blaeser
City of Mendota Heights
1101 Victoria. Curve
Mendota Heights, NIN 55118
Ms Blaeser:
We are once again planning the annual St. Peter's Parish Fall Festival to be held on
Saturday, September 7, and Sunday, September 8, 1996. On behalf of the festival
planning committee, I am requesting a temporary, on-sale, liquor license to serve 3.2 beer
in conjunction with the parish festival. The festival hours aze from 12:00 noon to 12:00
midnight on Saturday and from 12.00 noon to 7:00 p.m. on Sunday.
It is not our intent to have a police officer present, however, if it is necessary to do so, we
would be happy to comply.
Thank you for your cooperation regazding this request. Should you have questions
regazding this request, please contact at 452-4550.
Sincerely, �
��
Leo Heimerl
Parish Administrator
�
�
1 1 i i �:1 C
August 1, 1996
To: Mayor and City Cauncil
' �3
From: Kev' � Batchelder, City Ad tor
�
Subject: Consideration of Dakota. County HRA Policy an Ho11man v. Cisneros
DISCUSSION
i
Mr. Mark Ulfers, Executive Director of the Dakota County Housing and
Redevelopment Authoriiy (lE�RA), has written each city in Dakata County regarding his
arganizatior�'s reaction to a recent Consent IIecree tliat impacts the public housing pmgra�ms in
I7ako�a. Caunty. Mr. Ulfers is putting our City on natice af Dakota Caunty's pasition
regardiung the Hollman, et al. v. Cisnems, et al. lawsuit and Consent I3ecree. (Please see
attached Ju1y 15, 19 � 6letter and Dakota Coonty Pasition Summary.}
Because the Dakota County HI2A acts on behalf af its member cities, they are
interested in our comments, suggestions aad cancerns regarding the Consent I�ecree and the
Dakota County Positian Summary.
Dakota County and its cities were not parties to the Iawsuit, which alleged hausing
discrimination in the City of Minneapolis. Dakota County has nat been accused of
discriminatian, hawever, the settlement of the lawsuit d�pends on the suburban communities ta
"voluntarily" take responsibility for a si,gnificaut part of the solutian. Dakota. County's
Position Statement addresses their concerns witli the implementation of the Hallman Consent
Decree and its poieniial to impact the Dakota County HIZA`s pmgrams. They would like the
City of Mendota. Heights to support their position statement.
It a th �t Dakota Coun HRA has ado ted a position statement that protects the
PP�S , tY P
interests af Dakota County, i.ts residents and our ability to continue to provide housing servic�s
to the residents af Dakota Caunty. Council should consider this pasition statement and our
support of it. �
�
ACTIUN I7:EOI7IRED
If City Coun �il so desires, they should pass a motion supporting the Dakota County
HRA Hollman Position Summary and direct staff to contact the Dakota. County HRA.
�t�U.�¢,.. v,,,l {,ci�,Cs..rh.� � u � ri-o '�
C.� � re.co r-- lL ��i S+��"J �' °'r� �`�
m�
DAK�TA GOUNTY
�
Housin�; & Rcdevc;lo�mcnt A�rtl�orit}- r,iz-�zi--�tiou
Z9')1�-145c1i Sr �r/. + Ru.cmuun�, tv1N i�0(�:i • T.[).l). G12-�_'3-RISZ • 1=AX Gi2.� ;t`�
7uly 1S, 1996 -� �
f =��'i . ._.- - . . _; .
MR KEVIN BATCHELDER � � - »
CITY OF MENDQTA HEIGHTS = s�` '' :.'
,
- �',:.. t�', r -� ,���4^:�
X Ial VICTORIA CUR.VE ��� _ .- _ : �A J � .
� �1': .. . .
MENDOTA HEIGHTS MN 55118 :-4-_-. J_ -�
�.c-� � �'1 yf �=�
Dear l��x.��el�er:
RE: Bollman et al v Cisneres et rxl
(a.k.a. - Metropolitan Housing Opportunities Program)
Cvnsent .Decree
in 1992, Lucy Hoilman and 16 other residents of Minneapolis Public Housing tagether with the
Minneapolis Branch of the National Association for the Advancemeant of Colored People
{NAACP), represented by the Legal Aid Society of Miznaeapolis, sued the Minneapolis Public
Housing Authority (MPHA), the Metropolitan Council, and the Department of Housing and
Urban Development {HUD). The lawsuit, entitled Hr�llmrzn et rrl v Gisneros et al , alleged
that the defendants operated Public Housing and Section 8 programs in Minneapolis sa as ta
create and perpetuate patterns of racial segregation by concentrating subsidized units on the near
north side af the city, To avaid expensive litigation and improve the housing choice for
Minneapolis public housing residents, the parties to the law suit entered into a Cor�sent Decree
in April of 1995. -
The defendants agreed, among ather things, to demolish racially concentrated fatnily public
housing projects and to reiocate the public housing units to areas autside of minarity
concentratians.
* A total of 770 public housing units on the near north side af Minneapolis will be demolished and replaced
in two phases.
"" 80 uf llie 77�7 �ubiic I�vusiug ur�iis wili be relacace�I iu ivIinneapolis. Anotner I0� units may oe rebai�i on
the near north side of Minneapolis. Appro�cimately b90 of the units aze to be lacated in suburban
communities.
* Up to 203 of the 770 units may be "incentive" units provided to suburban jutisdictians to facilitate acceptance
of reptacement units. These incentive units wili nat require that priority be given to applicants from the
MPHA public housing waiting list, but requires that seven replacement units he accepted for every three
incentive units,
* MPHA residents and applicants must be given priority in leasing the replacement units, regardless af unit
location.
* HUD will fund 900 S�tion 8 tenant-based units ta enable gubtic housing residents living in pablic housing
in azeas of minority and paverty concen�ration to mave to nanconcentrated azeas.
* HUD and MPHA have established the Housing Mobility Caunseling Program to help Section 8 recipients
overcome barriers {such as lack of information, transgortation, language barriers, etc.) to using their
certificates in noncancentrated areas.
"AN EQUAL OPPORTUNITY EMPLOYER"
� ;• �
:
_
, Page Two
The Holiman v. Cisneros settlement represents a$140 million infusian of federal funds inta the
Twin Cities for affor'dable hausing. It may also pravide a unique opporturnity ta achieve a more
balanced distribution of affordable housing t�iroughaut the Twin Cities metrogolitan area. While
the Hollman settlement may be well intended, it appears that implementation will be
administratively and�politically difficult at best. Specific concerns of the Dakota County HRA
are as follows: I
- A. Fair Share Allacation: At this point in time there exists no plan for disbursing the
�Iollman repiacement units throughaut the metropolitan area. There is no information
available regarding what is to be con.sidered a jurisdictions' "fair share allocation" of
Hollman units, � t3nly a part of the suburban metropolitan area has experience in operating
this camplicated program. Anoka Caunty, Washington County, Suburban Ramsey and
much of Subuiban Hennepin County have never buiit nor acquired a unit of public
housing. These jurisdictions will have to rely on the placement of Hollman Units in
� privately o�un�d and �rzana.ged developments, an ar�ange��iit-.�hi�h is authorizeci by HUIi �
but has not been implemented. A private developer will need the participation af an. HRA,
to administer and monitar the units, or will require the local government's authorizatian
for MPHA to admuuster units in the lc►cal jwrisdiction. ,
It is our concem that as time passes, pressure will increase on Dakota County HRA to take
more ti�an its "fair share" of units simply because we have elcperience administering the
public housing program.
B. Waitin�List: Presently the settlement mandates that priority for the replacement urnits,
regardless of their location, t�e given first, to families displaced ar scheduled for
displacement by�,demalition of MI'HA units; second, to families on the MPHA. waiting list
who live in minonty or poverty concentrated. areas; and third, to ali ather persons an the
MPHA waiting � list. This restriction would, in effect, reserve the Hallman Units for
Minneapolis residents and applicants for as long as hausing buiit or acquired under this
program existed�:
�
Because the plac,ement of the units is not in response to market demand of Minneapolis
residents, the requirement that the lacai housing authority utilize the Minneapalis waiting
list will require an extreme marketing effort and will be administratively time consuming
and expensive. �
Given that there � are over 8(i0 families on the HRA's public housing waiting list here in
Dakota County, � it also seems extremely unfair that county residents who need such
housing may not have access to it. Essentially the HRA is being asked to develop and
manage housing that low income residents of our area will have only very limited access
to. �
C. Public Housin�,Mana�ement Assessment Pra�ram (PHMAP): The Dakota Caunry HRA
is evaluated tluough this program by HUD. Currently the HRA, is considered a high
performer withiii this pragram, which affords the HRA a signi�cant amount of
independence from HUD in operating our gublic housing program. Because it will take
a lot of time to lease the units to the priority groups, the addition of Hallman units will
likely reduce the HRA's rating under P�iMAF and potentially cause us to lose this higher
performer rating. �
Page Three
D. Development Cost Limitations: Based on the settlement amount, the average development
funds available per Hollman replacement unit is $95,000. It is our experience that the cost
of either constructing or acquiring and rehabilitating a three bedroom single family unit
in Dakota Counry is closer to $110,0(}0. Therefore, it appears that inadequate
development funding is available.
E. Dakota. Countv Services: There is a need to determine the financial impact, if any, on the
services of Dakota Counry. The potential exists for increased costs for various economic
assistance and social service programs through the provision of assistance to households
relocated from Minneapolis to Dakota County.
Dakota County and its cities were not parties to the lawsuit and have not been accused of
discrunination. Nevertheless, the settlement depends on the suburbs to voluntarilv take
responsibility for a significant part of the solution. To that end, the Dakota County HRA has
prepazed a"Hollmaa Pasition Su.mmary" outlining those criteria that we feel should be addressed
prior to acceptance of Holiman units in Dakota Counry.
We aze requesting that Dakota County and its cities review the enclosed Position Summary and
provide the HR.A staff with comments, suggestions and concerns regarding tlus information.
The stakes in this issue are very high. If Dakota County hosts Hollman units without resolving
the concerns outlined in the Position Summary, we will be burdened with the settlement
mandates forever. It is the opinion of the Dakota County HRA that if the communities of
Dakota County work together and present a unified front that we will be more successful in
achieving an acceptable result.
As always, the Dakota County HRA intends to continue its tradition of providing high quality,
affordable housing for families who live and work in Dakota County. In order for the HR.A to
continue this tradition with units funded by the Hollman settlement, the key issues oudined in
the Position Summary must be resolved.
Please contact Tracie Chamberlin (423-8116) or me (423-4800) with questions, comments or
concerns regarding the attached Hollman Position Summary. It would be greatly appreciated
if your comments could be received by August 13th. Thank you for your time.
Sincerely yours,
Mark S. Ulfers,
Executive Director
Enclosure
h
�
. AAKUTA COUNTY HRA
HULLMAN POSITIQIY SUMMARY
The Hollman, et a� v Cisneros, et a�, settlement represents a$100 million infusion of federal
funds into #he Twin Cities for af�'ordable housing. it may aiso provide a unique oppor�ttuuty to
achieve a more balanced dis�ribution of affordable housing throughout the Twin Cities
metrapalitan azea. Unfarlunately, while the Hollman settlement may be weli intended, it appears
that implementation� will be administratively and politically difficult at best.
i
Dakota County and its cities were not parties to the lawsuit and have not been accused of
discrimination. Nevertheless, the settlement depends on ihe suburbs ta voluntarilv take
responsibility for a significant part of the solution.
�
Although the HRA has been negotiating in good faith with the Minneapolis Public Hausing
Agency {]MPHA} ta resoive various concems, we have not received a respanse on several critical
issues. We feel the anus is on the MPHA and its co-defendants to propose an acceptable
arrangement for Dakota County to accept Holl�nan Units.
Meanwhiie, funding agencies who are not parties ta the 2aw suit, namely the Minnesota Hausing
Finance Agency (MHFA) and the Family Housing Fund., have joined HUD in applying presswre
to withhold o#her affordabie housing furtds if Dakata Ctrunty daes not host Hollman public
housing units. �
f
It should be made clear that Dakota. County already has the lazgest public housing program
outside of Minneapolis and St. Paul. There are a total af b25 pubiic hausing units in Dakota
County. The Caunty� has been actively participating in this prograzn since the late 1960's. In
additian to its public hausing units, Dakata County HRA owns a total of 4b0 af�ordable housing
units through its senior housing develapments and family housing partnerships. Dakota County
HRA alsa adminis#ers its own allocation of aver 1,800 Section $ certificates and vauchers, as
well as anather 342 portable certificates and vouchers for other agencies. And, there are another
1,353 subsidized units in the caunty that are managed by non-profit and for-profit entities.
I
The Dakota County �][RA has a tradition of providing high quality, genuinely affordable hausing
for fanulies wha live and work in Dakota County. In order for the HRA to continue this
tradition with units funded by the Holiman setttement, a few key issues must be resolved.
Propased policy statements are set farth herein, which identify the minimum criteria to be
sa.tisfied before Dakota County H[R.A will administer Hollman Units in Dakota County.
PROPOSED PULI� STATEMENTS
1. Waitin� List: There are currentiy over 800 famities on the HR.A's public housing waiting
list in Dakota County. It is only fair that if Dakata County HRA has ta be respansible
for these units �that our low income residents and empioyees aiso have access to this
housing. Therefore, Dakota. County residents must have an equal opporiunity for these
units with the groups specified in the iawsuit as Minneapolis priarities.
I
1
2. Development Funds: The Hol�.man Units must be funded adequately ta meet the HRA's
physical standards for new developments (i.e., attached gazages, cement curbs,
maintenance free siding, tot Iots, etc.}. The units must receive ongoing operating subsidy
and comprehensive grant funds for modernizatian.
3. Public Housin� Mana�ement Assessrnent Pro�ram CPHMAP�: Hollman Units must be
excluded from the hERA's P�QvfAP caicutation due to the extra re+c�uirements mandated by
`the settlement.
4. Fair Share: Dakota County has done an excellent jab at working to provide affardable
hausing options for fanulies and seniors. This effart has been made over a 25 year time
period and is not a recent development. Before accepting Hollman units it would he
neces:�ary that the Metropaiitan Cauncil put in place a fair shaze allocation pIan ta ensure
the equitable distribution of Hc�llman units. It is anlv fair that cities in the Metro area that
have done very iittle to take respansibility for affordable housing participate in Haliman.
5. Dakata Cauntv Service Casts: I# is necessary that we receive assurance that acceptance
of these units will not incur an undue financial hardship an the Dakata County
Community Services Budget.
We realiz.e that to meet our above stated cancerns the MPHA and other parties to the Consent
Decree will need to make some adjustrnents to their current plans. We feel strongly that the
above changes will be beneficiai to ali concerned. it has been the experience of the Dakota
County HRA the best solutions are those that involve the input and participatian of all pazties.
Without thzs understanding, agreement with Dakota County regarding Hoilman will be difficult.
LIST QF
CONTR.ACTORS TO BE APPRO�TED BY CITY' COUNCIL
! `
I
ec�nrrr�i-�±/jJj_a_gpn� C�'l7tTACto� LiGensE!
Axel H. Ohman,� Inc
Mola.n ConcreteiProducts Co
Exeavating �antraetar L cense
Max Steininger', Inc
�
Gas Pia�,�g Contrac�or
Re11y Plumbzng�& Heating, Inc
Nor�hwe�tern Service, Inc
Peoples Natural Gas
SVAC Contractor
Nar�.hwestern Service, Inc
.Associated HVAC Inc
Capa.tal City Heating
Pau7. Falz Ca
Nor�hwest Sheetmetal Co of
Peopl.es Natural Gas
Pres�ige Sheet��lMetal
�eneral Con�rac�or Licease
CBS Construction Services,
Golden Gons�ruction
Isaacson's Roofcraf�ers
Paragon Paol arid Patia
Per�ormance Pool & Spa
Wickenhauser Execavating
St Paul
Inc
Inc
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August b, 1996
2'O: Mayor and City Councll
CLA.ZMS XSST SUMMARY:
• 2`at.a2. Claisas
styntftc8nt cz�
Ne�ith Partners
• Sewer Biil
' NSP
Tripp Fuel
Winthrop WeinstEin
Unusua�. C1a1ms
Lilydale
Grystee't
Grossman Chev
ISD 197
hSHAA
� Prairie Restoration
Traii Dodge
ins
sac
utilities
fuet
legal
stm swr
rprs
parks truck
sumner programs
t balt
ivy hills park
urmakked squad
36Q,274
1I,777
177,516
5,111
4;502
5,109
59,970
2,772
19,436
„2,768
3,930
5,41Q
11,821
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CITY OF MENDOTA HEIGHTS
1�3EM,�2
July 31, 1996
TO; Mayor, City Council and City A@dl%m��tor
FROM. James B. Danielson, Pub]ic Worl�s D"
SUBJECT: SuperAmerica - Free Standing Sign Reviaw
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. Boih of the SuperAmerica stares which were recently approved by the City Counci�,
located on TH 55 and an the Curley site, have free standing signs. .As part of Council's
approval of these signs, their Iocations on the site were approved, however SuperAmerica was
to return to have final designs reviewed and approved at future Council meetings.
Attached are the propased sign designs as prepared and submitted by SuperAmerica for
review. The T�I 55 site has t�uee design options; a pyian sign, a twin brick column and a
brick monument. The Curley site has two options; a twin brick colamn and a brick
monument. All of the signs are designed to comply with the Gity's 100 s.f. maximum sign
area requirement and to utilizs a brick that matches the buildings.
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Review SuperAmerica's free standing sign proposals to determine an appmved design.
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FROM:
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11�Iayor, City Council and City ��st.rator
7ames E. Danzel
Public Works D
SUBJECT: SuperAmerica (Tivnk Highway 55) Appraval
Planning Case 96-01
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Jnne 2'7, 1996
City Council appmved the construction of a new SuperAmerica canvenience store io be
located at Txunk I�ighway 55 and Mendota Heights Road on Agril 2, 1996 {see Resolution 96-
21, Exhibit B attachedj. This approval was contingent upon the mutual signing of a
T?eveloper's Agreement which the City Attorney was then directed to draft. As a candition of
approval, the agreement needs to be executed before the City will issue a Certificate af
Qccupancy (CO). The stare is currentiy under canstruction, with a compietion date scheduled
for later in September. The agreement has been reviewed and accepted by SuperAmerica.
�Y[�i � � _ .� � i: _ r
Review the attached Develaper's Agreement, make any desired changes and when
acceptable, pass a mation authorizing the Mayor and Clerk #o sign on behalf of the City.
�UL-� 1-96 WED 1 0 � a�
F' - 0 2
SITE Y'LAN AND bEVEI.t)PMENT AGX2EEMENT
This Agreement is made and entezed into effeccive as of tius day of August, 199fi, by and
becween the CITY OF MENDOTA HEI�HTS, a Minnesota manicipat coiporation (the "City"}
and SUPBRA.MERICA GROUP, a division of AS�LAND INC., a Kentucky cozporation
("SuperAmerica").
RECITALS;
WHEREAS, �z� April 2, 199b, the City Cau�ci! of the Ckcy graated condicional aQproval to
SuperAmerxca to construct a motor fuel service stacionlconvenience score facility (the
"SuperAmerica Facility") on t�at certain reat property in the City at the intersectian of T�runk
Hi�hway 55 at Mendota Hei�.hts Road legally described on Exhihit A attached hereta and made
a part hereaf (the "Property"), subject to the terms and conditions se# forth herein; and
NOW, THEit�FORE, in cansideration of the mutuat cavenants, pramises and abiigations of
the parties hereta set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which ar� hereby acknowledged, it is hereby a�reed as fotlows:
1. C�ty A,.pp ovals. Subject to che tern�s and condition.s of this Agreement, the City hereby:
A. Grants ta SupezAmerica a conditional use permit for the development of the
SuperAmerica Faciliry on the Fraperty, inciuding an autamatic car wash �'acility,
all in accordance with the Approved Plans; and
B, Grants to Su,perAmerica certaia va�iances as set fQrth in that certain Resolution
96-21, passed by the City �ouncil of th�e City on Aprit 16, I99b, a capy of which
is attached hereto and incorparated herein as Exhibit B(collectively, che
"Variances").
2. A�proved P�ans. Su,perAmerica agrees that the SuperAmerica Facitity shatl be
developed, constcucted, used and maintained in accordance with the following drawin�gs, plans
and documents, which drawings, plans and documenrs aze hereby approved by the City
(collectively, the "Approved PIans"�:
A. Survey dated December 13, 1995 grepazed by Sunde;
B. C'sv�i engineeting pians dated December 15, 1995 prepared by insites; and
C, Aarchitectural plans dated January X, 1996, revised February 20, 149b prepared
by KKE.
'There shall be no material changes in ttle Approved Pians without the prior writtcn consent af
the Cicy. Upan completion af the constructian of the SupezAmer�ca Facility, SuperAmerica
shall certify in writin� tc� the City that the SuperAmerica Facility has been canstructed and
developed stirictiy in accordance with the Approved Plans.
SuperAmerica agrees to construcc the Su�rerAmesica Facility subject to the tcrrns aad caaditians
set forth herein, strietly in �ccordance wich the Appraved Plans.
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3. Restrictions on Su�erAmerica Fa�ilitv. SuperAmerica hereby agrees that the
SuperAmerica Faciliry will be constructed, used and maincatned in accordance with the followin�
restrictions:
A. SuperAmerica shali not stare any merchandis� outside af the SuperAmerica
Facitity or anywhere on the Praper�y. -
B. The trash enclosure shait be actached to the SuperAmerica Facility and have a roof
on such enclosure.
C, No advercising shall be dc�ne on Interstace Highways 494 ar 3SE.
D. All aluminum panels ]acated below the front windaws of the SuperAmerica
Facility as reflected o� the Approved PIans shalt be repiaced with a brick veneer to
match the �xteriar buit�ing materials of the principa) structure of the SuperAmerica
Facility.
E. The size o� the canopy over the gas fueling stations shall not be higher than che
raof of the prineipaI structure of the SuperAmerica Facility.
�', The provisions of this Para�raph 3 a�re subject to final review and approval of che
d�sign by the City �ouncil of a praposal fram SuperAmerica for a free star�ding sign no
larger than I44 square f�et and na illumination on the sign band.
G. The ]andsca�e plans shall be sutaject tc� furcher review and approval of the City,
4. �han�+�s in 4peratinn of SuperAmerica Facilit,�. SuperAmerica nereby acknowledges
that the City may, at any time hereafter, amend the ConditionaI iJse Permit with respect to the
SuperAmcrica Faciiity, iacluding, withaut timitatic�n, reduction of hours of operation andlor
limitation on us� of the �ar wash containsd th�rein, ac any time that the City decermines, in its
d�scretion, afier canducting a public hearing and aft�r giving to SuperAx�erica not Iess than
thirty (3Q) days prior written n�tice of any hearing with resgect thereto, and after allowing
SupecAmerica an op�ortunity to �e heard at such hearing, that a rational basis exists for a
finding thac the existing use of the SuperAmerica Facility is havin� an adverse impact on the
City. SuperAmerica hereby agrees to coo�erate in �ood faith in alI respects with the City with
respect thereto, and acknowtedges that such changes in che �geration of the SugerAmecica
Facility shall be mandatory in the event af the unilateral detetminatian of che City Council of
the City, as set forth abave, of an adverse impact on the City.
5. Events of Defauit; Rernedi�, In the evenc of the failure of SuperAmerica ta abserve
or pez�'orm any coveaant, condiuon, obligation or agreement an its part co be observed ar
performed under this Agxcement, and the continuance of such fai�ure far thirty (30) days after
written natice thereaf from che City {any af che fc�re�oin� bcing hcreinafter referred to as an
"Evcnt of Default"), ia addition to all other remedies avaitabte ta the City at law ar in equity
or eisewhere in ti�is Agreement (a} the City may suspez�d its per�ormance under the A�reemenc
until it receives assurances from SuperAmerica, deemed adequate by the City in its discretion,
tk�at SuperAmerica has cured its defanit and wilt coz�tinue its perfot'mance under the A$reement;
�UL-3i-96 WED 10:04
P-04
(b) the City may withhold any Certificate of 4ccu�ancy for the SuperAmerica Facility; {c} the
City may cerrninate the Conditianal 'Use Permit hereunder and may atherwise terminate this
Agreement; or (d� che Cicy may initiate an accion sceking damages, speci�c�performance of this
Agreement or any ather retief available at iaw or in equity. in th� evenc that the City is forced
ta incur out-of-pocket costs ar expens�s, including, withouc limitation, reasanable attomeys'
fees, after an Event of Defauit hezeunder, SuperAmerica shail iznmediateIy reimburse ttte City
for all such cosis or expenses uport demancl.
6. �Y� Waiv�r. No remedy b�ing conferred upc►n or reserved tQ the Ciry or SuperAmerica
hereunder is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy sha11 be cumulative and shall be in additian to every ather remedy given
under this Agreement or now or hezeafter existi�,g at law or in equity or by statute. No delay
or otnissian to exercise any ri�ht ar power acczu�ng upaa dny defauit sEiall impair any such right
or pawer ar shat! be construed ta be a waiver thcreof, k�ut any such ri�ht and pawer may be
exercised frar►� time to time in writin� and as often as may be deemed expedient.
?. �1Tan;�?i�cximination. SuperAmerica shall not discriminate upon the basis o£ race, coior,
creed, sex or national origim in the sa1e, lease oar rental or in the use or occupancy �f any pqrtion
of the Property or an.y improveme�,ts erected or tp be erected thereon, or any part thereaf,
8, tice.�. Except as otherwise expressly �rovided in this A�reement, a natice, demand
or other comumunicatiaa under this Agreement by any party ta any other party hereunder shall
be sufficientty given or delivered if iE is dispatched %y zegistered or certi�ed mail, postage
prepaid, return zeceigt requested, or delivered personaily, or sent by facsimiie, as �foltows, or
to such other address as such party shall advise tize athers in writin� as hereinafter set forch firom
time ta time:
tlj If ta Sup�rAmerica Group, a divisian of Ashland Inc., to:
SuperAmezica Group, a divisian of Ashland Inc.
P.O. Sox 14000
I,�xingtan, Kentucky 4flS12
Actn: Corparate Real Estate
FAX No.: G06•35�-7869
(2) If to the City, to:
City of Mendota T�'eights
1 i4�t Victoria Curve
Mendota Heiights, MN SSi18
Attn: City Admit�istratoz'
FAX N'o.: 612-452-89�4
9. lndemnifieation. SuperAmcrica a�rees ch�t anything to the contrary herein
natwithstandin,�, the City and its agerns, office�, council members, em�layees and legal counsel
shall not be liable ar responsible in any manner co SuperAmerica, its respective cantractars,
materiat suppliers, Iaborers, or to any ather person or persons whatsoever, for any claitn,
'� JUL-�2--q,� I.fED 20 _t2i5
P _ 05
d�i}tand, damages, actions or raase af accion, qP any kind or character arising out of or Cy
c'eason of thc execution of this A,green�ent, the tra�nsactiuii conccmplaccd hereby, the zcquisition,
cQnstruction, inscallation, ownership and opera[ion of the Propez�ty and/or the SuperAmerica
Faciliry or any public impravements relat[t�g ther�to. SuperAmcrica will indemnify and cave
the City harmless from any a�ad all ciaim5� Jezt�aiYds, damagcs, actions or causes of actir►n, ar
thc cost of disbursements and che expenses of defcnding the same, spacificatl�► inctuding, without
intcading to Iimic the catego�zies of suCh costs. costs and expcnses far Ciry administrative time
and Iabor, cascs of engin�ring attd plannirig serviccs, and casts of alI tegal services rertdered�
and other direci out-�f-poCket expenses ►ncurrcd, in conneotion with defendirtg �uch cl�ims as
may be brn=r,�ht agaittst the City for acti� aiicgcdiy directty or indirectly rel�ting to, oCcurrit��
at or abaut, or resuIting or arrsin� from thc Praperty and/az the SaperAmerica Faciliry fn azsy
way what�oevet, unless such ciaims or damages are caused solety by xhe negl9gence or willfui
actc a€ the City, its ag���ts, of�cers ar �mplay�s.
'!0. vecni � Law. Thc City aszd SugerAmerica a�ree rhat rhis A�:r��uenc sha!! bc
g4vertled by a�zd constntcd in accord�nce with the laws Q� the St�te of Mitulcsota.
11. �uc�:�ssors and A�4i�ns. Th� covenants, ducies and abllg�tions vf tlye parci�s hercto shall
r�n wi�t� tlzc land �nd �hnl! be bindin� upon the recnective hein, sucxessors and as�igns of che
respectivc �artics hcreto.
IN 'VYITNESS WHE�tE4F, the parties hereto h�ve cau�ed tlxis Agrecmcnt to be executed by
thcir respcctive duly authorized representatives effec;tive as of thc date and year first above
writtcn.
New, �usa•a
CTTY 4F MLNDC}TA HEIGH'TS
sy:
Its Mayar
ATTES'Tt
Its City Clexk
SUP��LAMERCCA GROUP, a division of Ashtand
Inc.
By:
Its:
-4-
� ,�:11: Y :1
(Lega1 Description of the Deveiapment Property)
Lot 1, Block 2, Northland Plaza Addition, deseri'beci and set forth on the plat of Dakota. Valley
View Addition, all according to the recorded plat thereaf, Dakota County, Minnesota.
:,
I .�CII: Y ��
�
CITY OF MENDOTA HEIGHTS ��
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96- 21
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES TO
ALLOW THE CONSTRUCTION OF A SIiPERAMERICA MOTOR FUEL STATION AND
- CONVENIENCE STORE AT THE SOUTHEAST QUADRANT OF
TRUNK HIGHWAY 55 AND MENDOTA HEIGHTS ROAD
(PLANNING CASE NO. 96-01)
WHEREAS, SuperAmerica Group, Inc. (SA), has made application for a
Conditional Use Permit allowing a motor fuel station and the following variances:
1. Building setback to a major thoroughfare (Zoning Ordinance No. 401
Section 17.45(5)) from 100 feet required to 60 feet.
2. Variance to the following free standing sign requirements:
a. Setback from 60 feet to 20 feet
b. Ground clearance from 14 feet to 8 feet 9 inches
c. Sign area from 100 square feet to 143 square feet
3. Variance to front yard setback for the trash container from 60 feet to
45 feet.
and,
WHEREAS, the Mendota Heights Planning Commission conducted public
hearings on January 23, 1996 and February 27, 1996 to consider SuperAmerica's
application; and ,
WHEREAS, the Mendota Heights Planning Commission was unable to come
to an agreement on a recommendation to the City Council o� this application,
_� however were in general agreement that it was a satisfactory development for the
� • location; and
WHEREAS, the City Council considered said application fo� the Conditional ��
Use Permit for a motor fuel station/convenience store and variances at their March
7 and 19, 1996 meetings; and
WHEREAS, the City Council granted conceptual approval of said application
subject to:
1. Final review of site lighting
2. Grading and landscaping
3. Free standing sign design •
4. Reducing the free standing sign size to 100 square feet thus removing
the requirement for a sign size variance.
�' ' ►
� NOW TH�r,cFORE BE tT RESCILVED by the City Councit of the City af
Mer�dota Heights that the proposed Canditional Use Permit for a motor fue(
statianlconvenience store and var'rances witt have no adverse effeet on heatth,
safety, general wetfare af the citizens of the community and surrounding (and.
BE IT FURTHER RESOLVED that the City Cauncil finds that the property is
unique in i#s shape and location being acljacent to three roadways and having
extraordinaryr setbacks fram ali roadway due ta it being a motor fue( station. �
BE IT FURTHER RESOLVED that a Conditional Use Permit for the
SuperAmerica motor fuel station/convenience store be granted and the following`
variances: �
1. A A-0 foat buiiding setback variance ta the 100 faot setback from a
majar thoroughfare {Trunk Highway 55).
2. A 40 #aat sign setback variance altowing the free standing sign to be
constructed withing twenty feet af Trunk Highway 55.
3. A'i 5 faot street seti}ack variance attawing the trash con#ainer to be
setback 45 fest from Northiartd Drive.
As praposed on the plans in Case No. 96-01 with the fallowing conditians:
1. That a 24 hour aperation is approved based on the applican# agreeing
to reduce tfie haurs of opera#ion i# the City finds that there are any
prablems with a 24 hour operation.
2, Final review of lighting plans, g�ading and landscaping plans by staff.
3. That the free standing sign area conform to City Ordinances for size
and be no._larger than 100 square feet. �
•�� •�� 4. That the free standing sign be redesigned to be a less massive
• monument type sign and be approved by the City Council at a future
� meeting.
5. That mutuai signing of a i3evetope�'s Agreement formatizing a(t
understandings reached between the appticant and the City during the
application process,
Adapted by the City Council of the City of Mendata Heighis this I� �� daq af Aprit,
"1996.
ClTY CQUNClL
CITY OF MENDOTA HEIGHTS
BY T"�` � t'�- �����'
Cha�les E. Mertensotto
ATfEST: " Mayor
r .� .� ; �.. ..,�.�z..ra�..�
athlaen M. Swanson
City Cterk
�
Mendota Heights Police Department
MEMORANDUM
7une 10, 1996
TO; Mayar
City Council
City Administrat ,
;
FR4M: Gluef Dennis Delman `
Subject: F?Giring of Probationary Police 4fficers
The police department submits the follawing � persons to the City Cauncil for
agpointment as prabationary police officers as authorized in previous council actian:
Michael L. Thompson
� Michael is 34 yeazs old and i
He is a graduate of S� Cloud
Rapids, Minnesata,
John A. Larrive
s presentiy employed as a Benton Caunty Sheriff's Deputy.
State University and he and his wife, Nancy live in Sauk
Jvhn is 27 years old, lives in S� Faul and is presently employed as an Anoka County
Sheriff's Deputy. John graduated fram Inver �:fills Community College and sezved his
internshig here with the Mendota Heights Police Departmen� He also worked for a short
period of time, before becoming a deputy, as a Commwuty Service O�cer in West St.
Paul. �
R�bert M Larnbert `Bobby"
Bobby is 24 years old and a graduate of S� Thomas Academy in Mendota Heights. He
Iives in St. Paul and got his higher education at Creighton Universiry and Mankato State
University in Minnesota.
Thesa candidates have successfuliy made their way through aur seiection process which
began in March and involved a great number of depar�ment membezs. They have t�een
s�lected as the top three candidates from the initial list of over 240 applicants. In spite af
owr dire need, the selectian pracess was comprehensive and detailed. We wauld now like
to see our work product in uzuform as saon as possible.
�
CITY OF MIIVDOTA HEIGHTS
August 1, 1996
To: Mayor and City Council
From: Kevin Batchelder Ci Ad�r
� �
Subject: Introduction of New Police Officers
DISCUSSION
Recently, the City Council has approved the appointment of three new Police Off'icers.
The newly appointed officers are 7ohn Larrive, Michael Thompson and Robert M. "Bobby"
Lambert . The Police Department would like to introduce each officer to the City Council and
the community on 7}uesday evening. Due to Dennis Delmont's absence for back surgery,
Sergeant Dorrance "Shorty" Wicks will be present to handle the introductions.
Please see attached 7une 10, 1996 memorandum that provides a brief background
synopsis on each officer.
Our recently appointed officers were selected from a list that initially exceeded 200
applicants. The selection process was thomugh, comprehensive and very competitive. Each
officer should be proud of their success in being appointed and the City is forlunate to be able
to retain such highly qualified officers.
ACTION REQIJIltED
This is the City Council's opporlunity to formally meet our new Police Officers.
Council should acknowledge the introductions of our new Police Officers and present them to
the community.
YM i ul ►.11 i : :1 :Y
►,�1�4u � : s ►1! lu
! • • - �� • - � � • n t� �erS/
FROM: Chns Esser, Recreation Pragrarnmer ��
RE: Celebrate Mendota FIeights Pazks! AnnouncemenE
DATE: 7uly 31, 1996
� • �.
T'he Sth Annual Celebrate Mendota �-Ieights Parks! community festival will be held Saturday,
August 24, 1996 at Mendakota Park. The fun and excitement will begin at 11:U0 a.m. and
last until approxirnately 5:00 p.m. Everyane in #he community is invited to tha celebxatian.
� year's event promises to be bigger and better than ever. The celebration committee has
been hard at work progr�mming this wonderfi�l event. The event is designed to attract a wide
range of Mandata. Heights residents and families.
Activities pl.anned for this year's event include dance performances by the D&D Dance Studio
and the West Side Steppers, musical perF'armances by the Silver Tones and the ever papular
Teddy Bear Band, and Ventriloquist Ian Varella. Events occurring throughout the day include
a Jupiter 7ump for children, Fire Truck rides, dunk "tank, game booths, and concessians
sponsored by the Mendota Heights Fire Auxiliary, face painting sponsored by Burnet Realty,
various promotion bootlis fmm local organizations, a craft fair, and much, much more!
I,ast year's Celebrate Mendata. Heights Parkst was a smashing success with over 1,400
residents participating. The Fifth Annual Celebrate Mendota Heights Parks!, scheduled for
Saturday, August 24, 1996, pramises ta be an enjoyable day far all.
Attached is a sponsor and donation list.
f I�ii s��t'1� : .f 11: �i
Review the details of the 1996 Celebrate Mendota �Ieights Parks!
e
1996 CELEBRATE MENDOTA HEIGHTS PARKS!
SATURDAY - AUGUST 24, 1996
DONATION SPONSOR LIST
�TA�E
Associated Bureaus Inc.
Esslinger & Co.
Mendota Heights Amoco
Monastery of the Visitation
Children's Countxy Day School
Center for Diagnostic Imaging
George's Golf Range, Inc.
St. Thomas Academy
Hudson Co., Inc.
General Pump Incorporated
Farmers Insurance Group-
Larry Dennison Agency
Dakota Bank
Church of St. Peter
St. 7oseph's School
Southview Bank
Ecolab
3M
Y-T-n SP(1N�nR�
17
DnNATinN
$100
$50
$1(}0
$50
$25
$100
$40
$100
$50
$50
$25
$200
$25
$100
$100
$50
$100
Y-T-n nnNATinN�
$1,215
DA7T, RF.C_F.iVF,n
7-9-96
7-9-96
7-9-96
7-9-96
7-9-96
7-9-96
7-9-96
7-12-96
7-15-96
7-18-96
7-23-96
7-23-96
7-24-96
7-29-96
7-30-96
7-31-96
7-31-96
CITY OF MENDOTA HEIGHTS
MEMO
August 5, 1996
TO: Mayor, City Council, and City Administrator
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Planning Case No. 96-18: NSP
Discussion
The Planning Commission conducted a public hearing on May 28, 1996, regarding NSP's
application for Conditional Use Pernuts for Essential Services and Mining and a Variance
for a fence higher than 6' with barbed wire. NSP appeared before the Planning
Commission to present their plan to remove one of the three existing transformers from
the NSP substation near Mendakota Park. In addition, their plans include adding three
capacitor banks and a control house and excavating and replacing part of the fence around
the property.
The Planning Commission, at their May 28, 1996 meeting, tabled discussion of the
application to a11ow NSP time to present their proposal to the Parks and Recreation
Commission on June 11, hold a neighborhood meeting, and present a revised landscape
plan to the Planning Commission on June 25.
The Parks and Recreation Commission reviewed the landscape plans which NSP had
submitted in conjunction with its application. NSP also met with Commissioner Linnell,
Ms. Blesener, Mr. Kullander, and Mr. Hollister on June 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 comments made at
the meeting with Commissioner Linnell, as well as the June 20 neighborhood meeting.
Recommendation
The Planning Commission, at their June 25 meeting, passed 5-0, (with Betlej and Friel
absent) a recommendation that the Council approve NSP's application for Conditional
Use Permits for Essential Services and M'ining and a Variance allowing a fence higher than
6 feet with barbed wire under the following conditions:
1. that NSP provide copies to the City Council of their revised landscape plan showing
the extension of the west wa1160 feet, the planting of trees between the walkway and
G
`
the substation, the planting of Arborvitae on the east side, and the planting of trees on
the north side,
2. that NSP comply with the above landscape plan,
3. that if any damage be done to the existing landscaping it be replaced,
4. that NSP provide hard copies of the slide presented to the Planning Commission
featuring all sound levels recorded to the Council,
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 anangement 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 a11 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 fable discussion of the application to the July 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 a11 noise readings taken
at the NSP site. (This information had only been presented to the Council thus far in
summary form.) This information was submitted by NSP.
Staff has since hired Mr. Kroll of Kroll & Associates as an acoustical engineer per
Council's direction. The Council directed Staffto hold a meeting with our acoustical
consultant and NSP in order to discuss potential noise attenuation measures to be taken by
NSP. The Council further instructed that such measures be both technically feasible and
of reasonable cost. On August 5, 1996, Staff met with William Kroll of Kroll &
Associates and Pat Cline, Joe Mansur, Sheldon Silberman and Hal Bagley of NSP to
discuss Mr. Kroll's proposals for noise attenuation. Mr. Kroll is proposing the following:
�
Partial enctosures around ea�ch of the two remaining transformers. Mr. Kroll has
determined that most ofthe noise emitting from the transforrners is radiating from the
carners, Mr. I�roli is thus praposing that all four corners of each transformer be shielded
by a wall roughly 14' high and about 7 feet from the transformer. Each wall would have
gaps an aIi faur sides large enough far maintenance and general access. The wall wouid
be composed of several layers, including: '
* plastic
• sheet metal
• more plastic
• corrugated cement board
NSP expressed reservations about paying to construct these walls, particularly because
Mr. Kroll told ihem that he icnows of no actual instance where this type of watl has been
used ta muffie transformers. Mr. Kroll attempted to assure them, however, that they
would wark according to acoustical 1aws. NSP countered that it prefers to use
technolagy that has been proven in the field.
Mr. Krall estirnated that the cost of constructing these walls could be about $20-$25 per
square foat. TTSP then esfiimated that at the low end ihese waiis could cost $24,�OQ per
transformer to install, or a total of $48,000 for both transformers.
I�1SP also asked Mr. Kroll about the possibility af only constructing the wall on the north
corners and leaving the south carr�ers bare. Mr. Kroll said that this woi�id help reduce the
naise, but he preferred that all four corners of each transformer be walled in. -
Poles under the three capacitors. Mr. Kroll is proposing that a11 three capacitors be
supported by 8" diameter aiuminum pales filted with graut. This should absorb the
vibratian of the capacitars and thus eliminate the noise these new structures would emit.
This structural impravement is noi a.nticipated to be expenszve.
Band along the top of the Northeast Carner af the Fence. N1r. Kroll alsa proposed
adding about 2 feet of fiberglass material along the top of the northeast corn.er of the fence
ta reduce noise traveling over the fence and rebounding aff the sheet piling.
Mr. Kroll alsa approves af ihe current pians to e�end the west wa11 of the substatian,
extend the berrn and pravide additionallandscaping. Mr. I�roll maintains, however, that
although these measures will pravide additional visual screezung, they wili nat do very
much to reduce noise.
NSP reiterated their position that their substatian is already in canformance with bath the
City's ordinance and I��IFCA gzzidelines, and that they have atready.comrmitted to $65,000
worth of noise attenuation measures (landscaping, west wall extension, etc.) above and
beyond what they interpret to be required by our ordinance. NSP estimated that Mr.
Kroll's proposals could cast NSP an additional $75,OOQ to $140,4QQ, which they regard as
�
�
unacceptabie. {Piease note the Mr. Kro11 has informed Stai�that he regards the MPCA's
noise guidelines to be inadequate to protect the public from noise pollution.)
NSP asked Staff if the City wauld be interested in any of the following options:
1. "trading o�' some of the landscaping and/or west wall extension previously
committed #o £or sorne ofthe additional measures propased by Mr. Kroll, .
2. Dividing the cost o£the naise attenuation so that the City wauld pay for the
landscaping and berming an City property and NSP wauld pay for Mr. Kroll's
proposed improvements on NSP property.
3. Have the City "earmark" the additional property t� revenue generated by this
improvement to the substation far noise attenuation measures. NSP stated that they
aze currently paying about $11,000 per year in property taxes to the City, and that this
proposed improvement wi11 increase that figure #o $28,000 per year.
Staff rerninded NSP that such matters are for the Counci� to decide, but that Staff would
be passing forward Mr. Kroll's recarnmendation that the abave three measures
{transformer wa11s, capacitor poles, and additionai material atap ihe north fence) be
performed and paid for by NSF in additian to a11 measures previously committed to by
NSP.
NSP requested that Staff convey #o the Cauncil NSP's sense of urgency on this matter,
since it is already late in the canst�ruction season and this project was planned to
accommadate the I997 peak energy usage season. NSP wishes to further note that the
voltage stabilizatian brought about by this improvement will not anly serve Mendata
Heights, but the entire eastern Metro Region.
Please see the attached graph which shows Mr. Kroli's sound measurements taken at the
Parker's Lake NSF substation, which is similar ta ours. The two lines represent two
readings, one taken when mereiy the transformers were ari, and one taken when both the
transformers and the capacitors were on. The horizontal axis measures frequency and the
vertical a�s measures volume. Mr. Kroll regards the point at 70 dB arzd IZS Hertz as the
mast offensive to human ears, and is thus the point he is attempting to mitigate with his
proposals.
Mr. Kroll intends to submii his proposed noise attenuatian measures to the City in written
form sarne time on August 6. Staff will disseminate copies of his proposal to all Council
members as soon as it l�ecomes available. In addition, Mr. Kroli wiii be present at the
August 6 Council meeting to answer any questions.
Please note that the 120-day review period for NSP's application will expire on September
1 I, 1996.
0
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 APPROVING
CONDITIONAL USE PERMITS FOR AN ESSENTIAL SERVICE AND NIlNING,
AND A VARIANCE FOR A FENCE HIGHER THAN SIX FEET WITH BARBED
WIRE FOR NORTHERN STATES POWER AT TI-� ROGERS LAKE SUBSTATION.
0
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESOLUTION APPROVING CONDITIONAL USE PERMITS�
FOR AN ESSENTIAL SERVICE AND MINING, AND A VARIANCE
FOR A FENCE HIGHER THAN SIX FEET WITH BARBED WIIt�
FOR NORTHERN STATES POWER AT THE ROGERS LAKE SUBSTAT
WHEREAS, NSP has requested Conditional Use Permits for Mining, Essen
Services, and a fence higher than six feet as proposed on plans in Case File No. 96-1
WHEREAS, The Planning Commission of the City of Mendota Heights helc
public hearing on this application at their May 28 and June 25, 1996, meetings; and
WHEREAS, The Planning Commission voted 5-0 (with two members absen
June 25, 1996 to recommend that the City Council approve this request,
N
3EREFORE.�T T_C1�RFRY RF.cpLVED by the_G�*�- *�-��_ _�,
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r�o_cse � _ a�-�`- __ _ _ � �' � _
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_____.,.-_1..,..��, �� ..��u����,-,.�ar present a remediation plan to the City, '
5. and that NSP work out a satisfactory arrangement for maintenance of landscaping on
park property.
Adopted by the City Council of the City of Mendota Heights this 6th day of August, 1996.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
�
�
UJm. H. �. Kroll �(�ssociares, lnc.
Engineers consul�rtig �n a�ousc;cs
SQ17 West M�f fiood • Mirx�econkc. Minnesotn 55345
FAX 452-8940 Phone 61 Q-93�i-9494 • fRX 6l Q-934-1300
6 August, 1996
The City of Mendota Heights
1101 Vctoria Curve
Mendota Heights, MN SS I 18
For Mr. Revin Batchelder, City Administ�ator
Srebject: The NSPProposed Addition ta the Rogers Lake Subs�ation
Dear Sir:
In keeping wiih your request, we made a study of existing aoise Ievels ax and near the
substation and also measured the noise from capacitor banks at the Parkers Lake
substation. This writing tells you of our findings and briefly discusses the proposed
changes.
The noise at issue now is that of the 120 Hertz buuing saund g�rated by the existing
trar�sformers, the sound reflected from. the planned sheet piling wall and the to-b�added
capacitor banks.
First o� the "A" weighted kind of decbel meant to descn'be noise commonly found in
factories or prop�rty lincs is not a good dcscriptor for the buzzing electrical noise because
the "A" decibel strongly discounts the low frequency range wherein the transformer
bu�ng noise manifests itself. A good noise ordinan.ce placcs a ten decibel or so pcnalty
upon prominent, discrete tones. This information because NSP hangs its hat upon the
MPCA "A" decibel noise code. .
The noise level in "A" decibels and then the more meariingfut sound pressure level as
measured to show the eleccrical buzzing noise Ieve1 both vary considerably in walidng to
the north of the substation and along thc residential area lots. ?he lay of the land in plan
and also topographicalty�affects the nqise levels as measured.
Of the three big uansfonners (hereafter abbreviated "trafo") in the substation there (1, 2
and �, NSP plans to take ou� Nr. 6 but there w�ill probably be no significant drop in
neighborhood noise levels because of that action.
The capacitor banks - earlier declared to be noiseless - do, indeed, generate noise. I had -
from past experienee - learned that capacitor ba,nks can be noisy. NSP let me into the
Parkers Lake substation to make same tests with the capacitor banks"on" and "off." At
�,' the South fence line ofthat substation yard, we measured a four to five deci�el increase in
Z00'39dd 0S�9i ::� 9Z �3Q
�
*� E00'39�d ��101 ��
2
thc "A" l�vel with thc cspacitor banks in Lhe circuit. Tfus is a case where the highet-
frequcnq 800 Herta or so band - at which the capacitors wer� prc�minent it� the frequenCy
anolysis test - is a noise that is picked up and mea�tireA in ^A" decibels.
NSP l�as prapas�d aciding ta an existing berm, e�endin� a wall and plaul,iug somc trccs.
Weii �nd good. They shot�d do those thin,� in any cvr�u hecausc cvra aa effort at aoisc
reduction tends to satist`y some pCvp1G l�owever sIi,�ht thc net noisc rcductior� will be.
Beyond ttu�t, i rc�mm�iid as follows:
1. Ma�:c a partial housing/ noise shield sround the trafos Nr. ONE and TWU, the
dcsigtt scheme cf which cvas iilusua.ted at the meetiag yesterday.
2. Pluc�e th� cagacitar banks upoa z structural fr�rn�wark • nc�t of inembets w�th fla�t
surf�,ces but rather, grout-filled pipes.
3. Dann�en tihe sides, front and back af any sheetmetal c;atainccry associatcd with the
ca�acit�r banks.
4. For the rela�eci axnall tr afas tl�ere, orda a"quiet" xypc.
�. Plac�c an eight foot-high (widc) band of saund absorbing panale alon,g the upper
r,ct�� of tlie shczt giiiag wa�t. As tho ugper �dgs af the sheetpilin$ aears �raun� leveI, go
to narrowcr at►d narrowcr bonds down to a four fc>at munimum height (wid#h) hand 'I'he
natur+c af wcather withstsctding sound absvrbing panels was tak�» �l� at yesterd2.y's
me�►g. I have yet to make a detaited study ofthic nart of the project.
The yet remainiag que„ct.inn in my mind is th8:t of ihe poSsibility ofthe hi�t I�'�iianic
"whine" ofth� c.a�acitor banks boihering people nearby.
Snbjectively, while az Patkess Lake, wc - itt walking from thC Control Housc to th�
capacitor bank area - cotald immaii�i�ly sei�sc thc incr�as�cd noisc 1cvcl whenever the
capacitors were in thc �-ircuit nr "ON" wndition.
You sliould kcep in mind that cverything said in this reporc is based upon acoustiral
considerations onty and we da not prete�d to �dvise on swct�.�t�tl, architecta�ra�, elearic,al,
mcchaaicol, fue, heslth or safety things. Those qualified in th��e fields should tule on
their respective areas qf c�mpetence. if there are any qucstions. you bave only w call or
write,
v+�y uuly yonrs,
. t,,�...------, �� �• 11
WmKliw Wm. H. O. Kroll, P.fi.
0
600'39dd tS�9i ��, 9Z a3Q
CITY OF MENDOTA HEIGHTS
MEMO
August 5, 1996
TO: Mayor, City Council, and City Administrator
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Planning Case No. 96-18: NSP
Discussion
The Planning Commission conducted a public hearing on May 28, 1996, regarding NSP's
application for Conditional Use Permits for Essential Services and Mining and a Variance
for a fence higher than 6' with barbed wire. NSP appeared before the Planning
Commission to present their plan to remove one of the three existing transformers from
the NSP substation near Mendakota Park. In addition, their plans include adding three
capacitor banks and a control house and excavating and replacing part of the fence around
the property.
� The Planning Commission, at their May 28, 1996 meeting, tabled discussion of the
application to allow NSP time to present their proposal to the Parks and Recreation
Commission on June 11, hold a neighborhood meeting, and present a revised landscape
plan to the Planning Commission on June 25.
The Parks and Recreation Commission reviewed the landscape plans which NSP had
submitted in conjunction with its application. NSP also met with Commissioner Linnell,
Ms. Blesener, Mr. Kullander, and Mr. Hollister on June 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 comments made at
the meeting with Commissioner Linnell, as well as the June 20 neighborhood meeting.
Recommendation
The Planning Commission, at their June 25 meeting, passed 5-0, (with Betlej and Friel
absent) a recommendation that the Council approve NSP's application for Conditional
Use Permits for Essential Services and Mining and a Variance allowing a fence higher than
6 feet with barbed wire under the following conditions:
l. that NSP provide copies to the City Council of their revised landscape plan showing
the extension of the west wa1160 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 existing landscaping it be replaced,
4. that NSP provide hard copies of the slide presented to the Planning Commission
featuring all sound levels recorded to the Council,
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 July 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.) This information was submitted by NSP.
Staff has since hired Mr. Kroll of Kroll & Associates as an acoustical engineer per
Council's direction. The Council directed Staffto hold a meeting with our acoustical
consultant and NSP in order to discuss potential noise attenuation measures to be taken by
NSP. The Council further instructed that such measures be both technically feasible and
of reasonable cost. On August 5, 1996, Staff met with William Kroll of Kroll &
Associates and Pat Cline, Joe Mansur, Sheldon Silberman and Hal Bagley of NSP to
discuss Mr. Kroll's proposals for noise attenuation. Mr. Kroll is proposing the following:
�
Partial enclosures around each of the two remaining transformers. Mr. Kroll has
determined that most of the noise emitting from the transformers is radiating from the
corners. Mr. Kroll is thus proposing that all four corners of each transformer be shielded
by a wa11 roughly 14' high and about 7 feet from the transformer. Each wa11 would have
gaps on all four sides large enough for maintenance and general access. The wall would
be composed of several layers, including: '
• plastic
• sheet metal
• more plastic
• corrugated cement board
NSP expressed reservations about paying to construct these walls, particularly because
Mr. Kroll told them that he knows of no actual instance where this type of wa11 has been
used to muffle transformers. Mr. Kroll attempted to assure them, however, that they
would work according to acoustical laws. NSP countered that it prefers to use
technology that has been proven in the field.
Mr. Kroll estimated that the cost of constructing these walls could be about $20-$25 per
square foot. NSP then estimated that at the low end these walls could cost $24,000 per
transformer to install, or a total of $48,000 for both transformers.
NSP also asked Mr. Kroll about the possibility of only constructing the wall on the north
corners and leaving the south corners bare. Mr. Kroll said that this would help reduce the
noise, but he prefened that all four corners of each transformer be walled in.
Poles under the three capacitors. Mr. Kroll is proposing that all three capacitors be
supported by 8" diameter aluminum poles filled with grout. This should absorb the
vibration of the capacitors and thus eliminate the noise these new structures would emit.
This structural improvement is not anticipated to be expensive.
Band along the top of the Northeast Corner of the Fence. Mr. Kroll also proposed
adding about 2 feet of fiberglass material along the top of the northeast corner of the fence
to reduce noise traveling over the fence and rebounding offthe sheet piling.
Mr. Kroll also approves of the current plans to extend the west wa11 of the substation,
extend the berm and provide additionallandscaping. Mr. Kroll maintains, however, that
although these measures will provide additional visual screening, they will not do very
much to reduce noise.
NSP reiterated their position that their substation is already in conformance with both the
City's ordinance and MPCA guidelines, and that they have already committed to $65,000
worth of noise attenuation measures (landscaping, west wall extension, etc.) above and
beyond what they interpret to be required by our ordinance. NSP estimated that Mx.
Kroll's proposals could cost NSP an additional$75,000 to $100,000, which they regard as
�
unacceptable. (Please note the Mr. Kroll has informed Staffthat he regards the MPCA's
noise guidelines to be inadequate to protect the public from noise pollution.)
NSP asked Staff if the City would be interested in any of the following options:
1. "trading off' some of the landscaping and/or west wall extension previously �
committed to for some of the additional measures proposed by Mr. Kroll.
2. Dividing the cost of the noise attenuation so that the City would pay for the
landscaping and berming on City property and NSP would pay for Mr. Kroll's
proposed improvements on NSP property.
3. Have the City "earmark" the additional property tax revenue generated by this
improvement to the substation for noise attenuation measures. NSP stated that they
are currently paying about $11,000 per year in property taxes to the City, and that this
proposed improvement will increase that figure to $28,000 per year.
Staff reminded NSP that such matters are for the Council to decide, but that Staff would
be passing forward Mr. Kroll's recommendation that the above three measures
(transformer walls, capacitor poles, and additional material atop the north fence) be
performed and paid for by NSP in addition to all measures previously committed to by
NSP.
NSP requested that Staff convey to the Council NSP's sense of urgency on this matter,
since it is already late in the construction season and this project was planned to
accommodate the 1997 peak energy usage season. NSP wishes to further note that the
voltage stabilization brought about by this improvement will not only serve Mendota
Heights, but the entire eastern Metro Region.
Please see the attached graph which shows Mr. Kroll's sound measurements taken at the
Parker's Lake NSP substation, which is similar to ours. The two lines represent two
readings, one taken when merely the transformers were on, and one taken when both the
transformers and the capacitors were on. The horizontal axis measures frequency and the
vertical axis measures volume. Mr. Kroll regards the point at 70 dB and 125 Hertz as the
most offensive to human eaxs, and is thus the point he is attempting to mitigate with his
proposals.
Mr. Kroll intends to submit his proposed noise attenuation measures to the City in written
form some time on August 6. Staffwill disseminate copies of his proposal to all Council
members as soon as it becomes available. In addition, Mr. Kroll will be present at the
August 6 Council meeting to answer any questions.
Please note that the 120-day review period for NSP's application will expire on September
11, 1996.
�
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 APPROVING
CONDITIONAL USE PERMITS FOR AN ESSENTIAL SERVICE AND NIlNING,
AND A VARIANCE FOR A FENCE HIGHER THAN SIX FEET WITH BARBED
WIRE FOR NORTI�RN STATES POWER AT TI� ROGERS LAKE SUBSTATION.
�
CITY C}F MENDUTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESQ►LUTION .APPROVING CONDTTIONAL USE PERMITS'
FOR .AN ESSENTiAL SERVICE AND MINIlVG, AND A VARIANCE
FOR A FENCE ffiGHEIt THA.N SLX FEET WTTH BARBED WIItE
FOR NORTHERN STATES PC►WER. AT THE ROGERS LAKE SUBSTATION
WHEREAS, NSP has requested Conditional Use Pernvts for Mining, Essentiai
Services, and a fence higher than six feet as prapased on plans in Case File No. 96-15; and
WHEREAS, The Planning Commission of the Gity of Mendota Heights held a
public hearing on this application at their May 28 and June 25, 1996, meetings; and
WHEREAS, The Planning Commission voted 5-0 (with two members absent) an
June 2S, 1996 to recammend that the City Cauncil approve this request,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City o£Mendota Heights that Conditional Use Permits for 1Viining and Essentiai Services,
and a Variance for a fence higher than 6' with barbed vvire are hereby granted conditioned
upon the following:
1. that NSP perform all noise attenuation measures proposed by both NSP and the City's
acoustical consultant, Krotl & Associates
2. that if any damage be done to the e�sting iandscaping it be replaced,
3. that NSP take the same noise measurements prior to and 34 days after the project is
completed, and present bath results to the Council within 30 days after the latter are
taken,
4. that if the abave measurements indicate that noise in any direction has worsened in
either quality or volurne, NSP present a remediation plan to the City,
5. and that NSP work out a satisfactory arrangement for maintenance of landscaping on
park property.
Adopteci by the City Councii of the City of Mendota Heights this bth day of Aug�st, I99b.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CI'TY COLiNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
� M_ i 1' i• � 1«31
�a 131�a , i
August 2, 1996
TO: Mayor, City Council and City A r
FROM: James E. Danielson, Public Works D'
SUBT.ECT: NSP Substation - Noise Analysis
At the July 24th meeting Gouncil met with aur noise consultant, Mr. Bill Krall. At
that meeting Mr. Kmll commented on his gast e�erience working with NSP and in analyzing
substation noise. Mr. Kroll was unfamiliar with anr particular situation at that tune, however
he felt that he would be able to meet with NSP before the August bth meeting to learn of their
proposal so that he could make suggestions on improvements.
As af this date, Mr. Kroll has met with NSF to learn af their proposed impmvements,
visited a facility that has e�nples of the pmposed capacitors aEready in operation and toured
our site. He has conducted noise readi.ngs at both sites. We will be meeting with Mr. Kroll
Manda.y to review the results af his findings after which we will all meet with NSP.
* M � � : .� 1M: _r
This memo is being pmvided as an ugdate, more informatian will be forwarded as it
becomes available. � �
NOTE: Staff will provide Council with an update of Mr. Km11's fuidings to be delivered on
Monday. We do not have enough copies of previously submitted plans to attach, please bring
your capies of that previously submitted informatian with you to the August 6th meeting.
� ;� . --�'�.
�
Cl.'TY UF MENDCITA HEIGHTS
�
July 24, 1996
TO: Mayor, City Cauncil and City Admi ' rat
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: Rear Yard Setback Variance for Edinger
Casa No. 96-20
Aiscussian
Kris Edinger, hameawner at 705 Ocala Lane, and Jim Ada�mi�, contractor, appeared before
the Planning Comrnissian on July 23, 1996, to discuss their plans to add a rear-yard three-
season parch onta the house. The lot is lOQ feefi wide and lOb feei deep. Sznce the house
sits approximately 35 feet from the rear lat line, and the owners wish to add a ten-foot
porch, they will require a 5-foot rear yard setback variance. {Qpen decks on the ground
level do not require any setbacks according to section 4.6(3)c.) Please see the attached
materials pertaining to this application.
Recommeridation
The Planning Commission on Juiy 23, I996, voted 4-1 {Friel opposed, Dwyer and
Lorberbaum absent) to recommend that the Council grant a variance af 6 feet to Ms.
Edinger on the condition that she submit accurate scale drawings to the Councii for
review.
After vating in the negative, Mr. Friel explained that he had no objectians to the porch an
substantive grounds, but that strict interpretation ofthe Ordinance required him to vote
against the praposal since the applicant had not demanstrated a hardship. Mr. Friel
etaborated that appro�mately ane year ago the Planning Commissian had asked the
Council to cansider amending the Ordinance ta allow the Council to grant variances at its
d'zscretion even withaut a demonstrated hardship, if the applicant had obtained signatures
frani all appropriate neighbors Mr. Friel said that if such a provision were already in
place, he would nat be forced to vote against such apptications an purely procedural
grounds.
Counci! Actian Required
Ifthe Council wishes to follow the Planning Cammission's recommendation, it should
pass the attached Resolution Na. 96-_: A RESOLUTION APPRO�TG A VARiANCE
FOR 70S OCALA LANE.
,t� •^ . �! ,
CTTY C;F I��ENDt)TA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESOLUTION APPROVING A VARIANCE FOR 705 OCALA LANE
WHEREAS, Ms. Edinger af 705 Ocala Lane has requested a rear-yard setback
variance af 5 feet far a porch as prapased an plans in Case File No. 96-20; and
WHEREAS, The Planning Commission af the City of Mendota Heights reviewed
this applicatian at their Ju1y 23, 1996, meeting, and
WHEREAS, The Planning Commission voted �-1 (with two members absent} to
recommend that the City Council apprave this request,
..,�
NOW, THEREF4RE, IT IS HEREBY RESOLVED by the City Council of the
Gity of Iviendota Heights that a 5' rear-yard setback variance is hereby granted.
Adopted by the City Council oi the City of Mendota Heights this 6th day of August, 1996.
ATTEST:
By
Kathleen M. Swansan, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By -
Charles E. Mertensotto, Mayor
. � .
• �, ;
'��,, t
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447-4739
MEMORAND UM
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
LOCATION:
ZONING:
Telephone Engineers
612/476-6010 Planners
612/476-8532 FAX Surveyors
Planning Commissioners of Mendota Heights
Meg J. McMonigal, City Planner���
1
July 23, 1996
Rear Yazd Setback Variance for Edinger
Kris. S. Edinger
705 Ocala Lane
R-1
Description Of Request
Kris Edinger is requesting a 5-foot variance to the required rear yard setback for her home
located at 705 Ocala Lane, for a deck and porch to be located 25 feet versus 30 feet from the reaz
property line as required in the R-1 zoning district.
.�Existing Site Conditions
Edinger's home is in the Friendly Hills "rearrangement" area, where the lots are smaller than
required in the R-1 district. The lot is undersized, at 10,500 square feet versus 15,000 square
feet. It is 100 feet wide as required, but limited in depth to 105 feet. The house was built with
the intent to put a porch and/or deck on it, however meeting the required setback would allow
only 5 feet to do so.
Attached is a map showing several homes in the area that do not meet the side or rear yard
setback requirements currently.
Variance Criteria
Attached is a table showing the variance criteria as outlined in the Zoning Ordinance. It appeazs
there are not many alternatives to locate a porch and deck on this home. The situation of an
undersized lot is not a"special condition" compared to other lots in this area. There are several
other lots that do already or may need to encroach on the required setback to add on a deck or
porch.
An Equal Opportunity Employer
, . �
Mendota Heights Planning Commission
Edinger Rear Setback Variance
July 23,1996
Page 2
A special condition that is peculiar to this property is that the rear yard of 705 Ocala backs up to
a triangle of land of a home that faces on to Ocala Court. Because it is not directly back-to-back
with another home, it does not impact any neighbors directly.
The required setback may impact the preservation and enjoyment of the property, if the standard
is that a deck and/or porch is considered a right versus a privilege. The request meets most of the
other variance criteria, and will not impact surrounding properties or public safety.
Action Reguested:
The Planning Commission can recommend:
(1) approval
(2) approval with conditions
(3) denial
STAFF RECOMMENDATION.•
The City Planner recommends approval of a va�iance to the required reaz �razd setback, based on
the lack of alternatives for adding on a deck and/or porch; that the reaz yazd does not back up
� directly to another home and because there are not few impacts on surrounding properties and no
public safety concerns.
f._
EXHIBIT A: VARIANCE CRITERIA - EDINGER
Variance Criteria Criteria Met?
Special conditions apply to the structure or land in No
question are peculiar to the property and do not apply
generally to other land or structures in the district,
Variance is necessary for the preservation and ?
enjoyment of property.
Adequate supply of light and air will be available to - Yes
adjacent property.
The congestion of public street will not be reasonable Yes
increased,
The danger of fire or public safety will not be Yes
increased.
Property values will not be impaired in the surrounding Yes
area.
Health, safety, comfort and morals will not be Yes
impaired.
Variance wili not merely serve as a convenience, but is ?
necessary to alleviate undue hardship or difficulty.
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Applicant Name:
Adctress:
APPLICATION FOR CONSIDERATION
� OF
PLANNTNG REQUEST
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(l:.ast) {F'ust}
Case Na. ��'�C�
T1ate of Application
Fee Paid 7•a �'� � 31,��a j
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(Number & Street) �(Cit3') (State) CziP)
Owner Name: �3i%G�c.,P
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Address: r��1��'�-�.
(Number & Street) _ (CitY} (State} (Zig}
St�et Location of Property in Question.
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Uescription of Praperty:
'I`y� af Reques�:
Rezoning
Condidonal Use Permit
Conditional Use Permit for P.U.D.
Plan Approval
Comprehensive Plan Amendment
___� �ariance
Subdivision Appr+�va�.
Wetlands Permit
Qtizer {attach explanat`ron}
Applicabie City C}rdinance Number "� _ Section
Present Zo�ug,of�Prop�rt�€.=�,�� Pr+esent Use
i �
Proposed Zonjng of Property : Progosed Use
I hez+�by dedarc ihat a1i s'ta�nents made in tius reqe�est
materiai ar� true.
�
(Received hy - Titlel ..
1101 Victaria Curve - Mendota Heights, 1VilY • 55118 �52 • 1854
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11 � 1 � � � 1��ier�dota Hei�,h�s
SIGNATDRE3 OF CONSENT FQR VAR=ANCS REOUEST
TO.: The Planning Commission, City of Mendota Heights
FROM: Property Owners of � f��,"� ��,A-L,� L t�.� � �
RE : f"��!-iL �'`l�t�' I� C ��%��G V ��.1" ,r'r.. �l�i ,� %�. /`� �
+ ��G'-K� � 3-- �A-?� � � �a � c. �
—�—
We the undersigned have reviewed fihe plans for ��"``� ��lt/
�lZGta � : and understand the terms and
conditions of the requested variance for �„�:�" ?�,4�G�..
• - .
we have na obj ectior�s ta tlzis request ana ao nerex►y give our
written cdnsent and consent to waiver of public hearing.
Sincerely,
NAME (Please Print)
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ADDRESS (INCL. LOT1
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�'�� 1101 Victaria Curve � 1Vf,endota Heig,hts, �N • 55118 452 • 185U
�
:• .
Ta City of Mendota Heights
Erom: Kris S. Edinger
CC:
Date: July 1, 1996
Et$: Building Variance - Letter of Intent
The purpase of this memo is to reqwest a variance on the 30 ft. set-back from the rear property line.
In Navember of 1995, 1 purchased the home at 705 Ocala Lane. The home was built in 1989. llie
original construction includes twa atrium doors to the rear af the house. One is off of the dining raom
and the other off of the famiiy room. There curren#ly is no patio, deck or porch.
me design of the house is such that there are few options af where to pEace a porch or deck, The
design 1 have planned will create a nice useful flow and will be estheticaAy pleasing. The comment I
received when asking for signatures was that they were pleas�tf to see me rrzake irnproverrients. 1 da
believe that the work dar�e will be cansidered improvemertts fram more than one perspective.
My lat backs up to the back yards af a cui-de-sac so that my construction really daes not af�ect my
neighbors. It will simply make my house more attractive to look at. The design will be cansistent with
fhe existing home in both style and praportian. Addifionaily, tiie value of my home wili be"�r�atly _
diminished if 1 am unable to make these improvements which would be consistent with the hames in
the neighk�orftoad.
Thank you for your considera#ion.
Respec�fully,
�s �' CR. 7l �pC
Kris S. Edinger
f Page 1
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Crty af Mendota Heights
Variance Checkiist
Date:
Applicant: K.�'i s � �Q��
Case No: �/� a �
j,� a. Fee ($SO Residential, $100 Camrnerciat}
� b. Letter of intent
��;
� c, Abstract Listir►g of owners located witbin�,£eet of praperty.
The applicant shall submit one signed copy of #he applicadon and the followin,g supporting
documents:
1, Sketch plan shawing all pertinent dimensians, and including the Iocatian af any
easements, having an influence upon the variance request.
��2. Written cansent and waiver ofpublic hear%ng, in a forrm prescribed by the City, by
� the owners of properiy within I00 feet of the boundaries of the property for which
the variance is requested, accampani,�d by a map indicating the location of the
property in questian and the lacation af property owners who have given consent,
or, lacking such consent, a list of names and addresses of the awners of property
within 100 feet of the boundaries of the properiy for wluch the variance is
requested.
���� 3. I£topography or e�reme grade is the basis an which the request is made, all
tapographic contours shall be submitted.
�� 4. If the appli+cation involvss a cutting of a curb for a driveway or gradizig a driveway.
the applicant shall ha.ve his plan approved by the City's Public Works Directar.
� ._
� e.
CITY OF MENDOTA HEIGHTS
MEMO
July 24, 1996
TO: Mayor, City Council and City Ad ' s r
FROM: Patrick C. Hollister, Administrative Intern
SUBJECT: CUP for ISD 197
Case No. 96-19
Discussion
Ms. Rockney, Business Manager for ISD 197, appeared before a public hearing conducted
by the Planning Commission at their July 23, 1996 meeting to discuss a request for a
Conditional Use Pernut for a portable building for one ten-month period between Aug. 15,
1996 and 7une 15, 1997. Ms Rockney said that the school would no longer need the
portable after the new Friendly Hills Middle School opens. Ms. Rockney explained that
the school already has a Conditional Use Pernut for two existing temporary buildings
which will expire in 1999. No members of the public were present at the public hearing.
Please see the attached materials pertaining to this application.
Recommendation
The Planning Commission on July 23, 1996, voted 5-0 (Dwyer and Lorberbaum absent) to
recommend that the Council grant a Conditional Use Pernut to ISD 197 on the following
conditions:
1. that the structure be removed by July l, 1997
2. that the Fire Marshall review and approve the building
3. that the school district submit accurate scale drawings to the Council for review (see
attached)
Council Action Required
Council should review the request with the applicant and then if the Council vcrishes to
follow the Planning Commission's recommendation, it should pass the attached
RESOLUTION NO. 96- : A RESOLUTION APPROVING A CONDITIONAL USE
PERMIT FOR MENDOTA ELEMENTARY SCHOOL.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR MENDOTA ELEMENTARY SCHOOL
WHEREAS, Ms. Rockney of ISD 197 has requested a Conditional Use Permit for
a temporary portable building as proposed on plans in Case File No. 96-19; and
WHEREAS, The Planning Commission of the City of Mendota Heights
conducted the required public hearing to review this application at their July 23, 1996,
meeting; and
WHEREAS, The Planning Commission voted 5-0 (with two members absent) to
recommend that the City Council approve this request,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Conditional Use Permit for a temporary portable structure
is hereby granted conditioned upon the following:
1. that the structure be removed by 7uly 1, 1997
2. that the Fire Marshall review and approve the building
Adopted by the City Council of the City of Mendota Heights this 6th day of August, 1996.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
TO: Jim Danielson D r,,,
!� /
From: Paul Kaiser, Fire Marshal �� �
Subject: Temporary Buildings at Mendota School
Date: July 26, 1996
I have been in contact with Lois Rockney of IDS 197 and my only requirement is for the new
temporary classrooms to be inter-locked with the school fire alarm system so that any alarm in
the school would be transmitted immediatly to these classroom for proper evacuation. Other
than that I saw no other pmblems with the installation of the classrooms.
�
�
��
McGombs Frank Roos Associates, lnc.
15050 23rd Avenue North, Piymouth, Minnesota 55447-4739
f ' � N
TO:
FROM:
DATE:
SUBJECT:
A.PPLICANT.
LOCATION:
ZUNING:
Teiephone Engineers
612/476-6010 Pianners
612/476-8532 �AX Surveyars
Planning Commissioners of Mendota Heights
Meg J. McMonigai, City Plannez�����
July 23, 1996
Public Hearing for Conditional Use Permit for Temporary Portable
Building at Mendota Elementazy School
I.D.S. #197
Mendota Elementary School
R-1
.i3eserintion Q�q,uest
I.D.S. #197 wauld like to place a porta6le building on the north end of the Mendota Elementary
School far the 199b-9'7 schooi year. This building would be for offices and student meeting
space for small groups or individual learning. The building would be remaved at the end of the
school year, as the new Friendly Hiils Middle School wili be apen in the Fall of 1997 providing
additional space.
Conditional Use Permits '
A Conditianal Use Permit (CUP) is required fox a single accessory structure of aver 225 square
feet in the R-I zoning district (Sectian '7.2(7)).
Conditional uses are those uses that "because of their unique characteristics, cannat be properly
classified in any district or districts without consideration in each case, of the impact of those
uses on neighbaring land or the public need for the particular location," In considering a
canditianal use, the ordinance states the application should be reviewed in terms af the proposed
use an the health, safety, and welfare af occupants or surrounding land, existing and anticipated
tr�c canditions including parking facilities on adjacent streets, and the effect of the proposed
use on the Comprehensive Plan. .
An Equal Opportunity Employer
f!
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��°�'N�tN ��f``�y� INDEPENDENT SCHOOL DISTRICT;�`197
��` > �' � • � ' �THE BEST PLACE TO LEARDT
�
!, �L..LL/' 91
�s��OL Dl5'��` '
- July 2, 1996 �
� � Mr.�Kevin Batchelder
City of Mendota Heights
. . 1101 Victoria Curve
� Mendota Heights, MN 55118
" Dear Mr. Batchelder.
LOIS� R�OCKNEY
Assistant Superintend'ent
Business Services
(612) 6812384
` _
�
.. � \`. .
. Independent School District 197 is requesting a Conditional Use Permit to place a.temporary classroom/office iinit ��- ,�
,- on the Mendota Elementary School site from approximately August 15, 1996 chrougli June 15, 1997. The portable .�
�, unit is necessary due to� an overcrowding issue within the building that will exist for one more school year until the �
', new Friendly Hills Middle School is open in September of 1997.. _ ' � �
. ^
�, _ The temporary facility will be used to house itinerant staff inembers such as psychologists and speech clinicians.
They need a[utoring area to work with individual.and small�roups of students as well as an office area in whieh to
complete and store records related to students in the building. Ic is very important for the students being tutored or -
tested to have a private area in which to work with staff.. - ,-
" The temgorary building is proposed to placed at the north side of the site just ontside the principaPs office. This� ��-� _
appears to be a location that is least intrusive to the neighborhood. There is also a door leading into the building aC ^_
this location for the convenience of staff and saidents using the�building: I have enclosed a site plan which indicates�� �
the progosed locaaon of the temgorary unit as well as a picture of the proposed unit. It will be connected to the •- �
� existing fire alarm s.ystem at the request of the City Fire Marshal. _� '.. , �'" •.� -
, •,
_ I will be happy to appear at the Planning Commission and City Council'meedngs in July to address any questions �
or concerns regarding this matter. Thank you for your consideration of a Conditional Use Pernut for a ten month �,.-
�-- period of time for a temporary building on the Mendota Elementary School site. _ '- -_
, �
Sincerely,
; �� �� - . �
�-c.l� %!7 • L`'C.%� �'�
� j, � U
Lois M. Rockney � -
Assistant Superintendent
Business Services
' - cc: Dr. Robert J. Monson, Superintendent � J • �
William Booher, Mendota Elementary School Principal ' � � �
::, ._ . . __ --
.. . . . - � "
DISTRIC: �FFICES • IHJ% DEL�I�VARE AVENUE • ' MENDOTA HEIGHTS, MINNESOTA �� �- 55118
. (6121 681-`L300 FAX (612) 681-9102 .. • TDD (612) 452-1537
SF.R�'ItiG `.tiFST ST. PAC4, YIEtiDOTA HF:(CHTS', EA�,A`, ME`:n�,�.a. Si�vF�stt � L,�Ke, �LILYDALE, AND INVER GROVE��'IEIGHTS
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.��iendota Heights
APPLICATION FtJQ CQNSIDERATI4N
PLANNING REQUEST
Case No. 9�' / 9
Date of Application _ l� / 7- � fo
Fee Paid �So . aJ ,o�l
i—
ApplicantName: Mendata Elementary Schoal pg; 681-2384
(i.asr) tF'ust) {I�}
Address; 1979 Summit Lane, Mendota Heights, MDI 55118
{Nsmiba & �Sa+eet) � tC5-`Y) Css�t�,) t�P?
OwnGrName: Inde�rendent Schaol District #197
� (I ast} (F'�rst} (MI)
A��; 1897 Delaware Avenue, Mendota Heights, MPi 5517.8
(Ne�mber & Sir�et) tCitY) tStaie� {Zip)
StreetLocation ofProperiy in Quest%on; 1979 Summit Lane
, r'
. ..
I.ogal Descrigdon of Pmporiy: The So�tth 950. 5 feet af Narth 1. 930. 5 feet af the
East half af the West half of Northwest quarter, Section 26 Township 28, Range 23.
Type of Request:
Rezoning
x Candidonat Use Peimit
Conditionat Use FeYmit for P.0 D.
Plan Approval
Comgmhensive Plan Amenduient
Variance
Subdivisian Apprava�
Wetiands Pemut
{}ther {attach ezptanatian}
Applicable G'Yty Ordinance Number �+0 � Section ~
PresentZA�'sng,af�PrpPert�. g,�„� Pt��SentUse • S�hor►1
�
� i 4 �� i t t•• � t �' ± � �"i i�' � i i
T hereby d� that �li stat:�ments mad� ia this r�st aad on the additional
materia� a�e true .
(Sign� of Applicaut .
3ulv 12 , I.996 . _
(.Date} .
�
iR� �a�Y- �tk) :.
1101 Victoria Curve - N�,enduta Heights, �I�l' • 55118 452 • 1854
Date:
Applicant:
Case Na:
r v' a. Fee: $
City of Mendota Heights
Conditionai Use Permit Checkiist
,
�' ':I ti`�
-�-� �� �• ��' %�%
9�v - / �
' Y'' b. Letter of Tntent
'�' c. Abstract Listing af owners Iocated within 350 feet of property.
c
�`' All applications far a conditional use permit which are initiated by the petitian of the
awner ar owners of the property in question shall be filled with the City Clerk no later
than twenty-one (21) days preceding the ne� regutarly scheduled Planning Commissian
bu.ilding.
:.
All applications for a canditional use permit shall be accompanied by twenty (20) copies o£
a set of plans and graphics cantaining the following information and folded, where
necessary, to the size of eight and one-ha3f by eleven (8 1/2 x 11} inches.
The Site Development Plan shall include� '"
� I. Loca.tion ofatl buildings-on the property in question including both existing and
propased structures. '
� V Z. Lacatzon af all adjacent buildings located within three hundred fifly (350) feet af
the e�rterior boundaries of the properiy in question.
� � 3. Floar area. ratio.
(`Ifj 4. Location and number of e�sisting and proposed parking spaces.
�f P 5. Vehicular circulation.
� 6. Architectural elevations (type and materials used of aii external surface).
�� 7. S�wer and water align.ment, existing and prapased.
� t„A 8. Lacation and candle power af all illuminaries.
�� 9. Lacatifln aF a1t existing easements. r.-
� i i � •:1 C
MEMO
7uty 24, 1996
TO: Mayor, City Council and City Ad ''s . tor
FROM: Patrick C, Hollister, Administrative Intern
SUBJECT: Manument Sign Setback Variance for National Rad Ends
Case No. 96-21
Discussion
Mr, Ted MacLeod of Wirtanen Clark Larsen Architects, Inc., and Mr. Jiovanazzo of
Tuthill Corporation appeazed before the Planning Cornmission on July 23, 1996,
representing Na�ianal Rod Ends in their application for a seiback v�riance for a sign.
National Rod Ends wishes to erect a rnonument sign with their carnpany logo adjacent ta
their properiy line atong Waters Drive, and thus they would need a�0' setback variance,
since signs are considered structures for setback purposes. Mr. MacLead pointed out that
ihe e�sting topagraphy of the site necessita#es such a Iocaiian in order for the sign to be
visible from the street.
Please note that even if this request is granted, the sign would be placed 42' behind the
curb because of the unusually wide right-of-way.
Piease see the attached materials perta�ning to this applicatzon.
Recammendatian
The Planning Comir�ission an 7uty 23, i996, voted 3-2 (Friet and Betlej appased, Dwyer
and Lorberbaum absent) to recommend that the Council grant a variance of 40 feet to
National Rod Ends for their monument sign.
Cammissioners Betlej and Friel explained their votes in the negative by statin,g that they
did not perceive sufficient hardship to justify this variance.
Cauncil Action Required
If`the Council wishes to follow the Planning Comrnission's recommendation, it should
pass the attached Resolution No. 96-� A RESOLUTION APPROVIlVG A VARIANCE
F(�R NATIONAL ROD ENDS.
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 96-
A RESOLUTION APPROVING A VARIANCE FOR NATIONAL ROD ENDS
WHEREAS, Mr. Jiovana.zzo of National Rod Ends has requested a front-yard
setback variance of 40 feet for a monument sign as proposed on plans in Case File No. 96-
21; and
WHEREAS, The Planning Commission of the City of Mendota Heights reviewed
this application at their July 23, 1996, meeting; and
WHEREAS, The Planning Commission voted 3-2 (with two members absent) to
recommend that the City Council approve this request,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a 40' front-yaxd setback variance is hereby granted.
Adopted by the City Council of the City of Mendota Heights this 6th day of August, 1996.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
iY. l�
u , • � .
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447-4739
MEM�ORAND UM
TQ:
FR4M:
DATE:
SUBJECT:
APPLICANT:
L4CATION:
ZONING:
Telephone Engineers
612/476-6010 Planners
6121476-8532 FAX 8urveyors
Planning Commissioners of Mendata Heights
Meg J.1VIeMonigal, City Planner����
July 23, 199b
Sign Variance for National Rad Ends
Wi��tanen Ciark Larsen Architects for National Rod Ends
4n Waters Drive, west of Highway #SS, sauth af George's Galf
Industrial
scri tD l0►t Of RQ�uesx ,
National Rad Ends is requesting a 40-foot variance to the required setback for signs, from 40 feet
to 0 feet, to locate a gro�znd sign at its property line.
Existing Site Canditions
National Rad Ends is lacated on Waters Drive, west of Highway #55, just sauth of George's.
Waters Drive is a frantage raad and separates the building from Highway #S5. A berm exists
along between the parking lot and Waters Drive.
There is little room on the site to place a sign at the building setback line. There is a small area
at the south end af the lauilding, hawever it would be very difficult ta see the sign from Highway
#SS because of the berm and the curve of the highway. The area south of the building is also an
area where the parking lot drains inta a drainage swale, ma]:sing it difficult ta locate the sign
there. To the north is a high point with vegetation that wauld have ta be rernoved to place a sign
that could be seen.
V�Jhile it would be difficult for Natianal Rad Ends to meet the 40-foat se#back, the sign could be
set back somewhat from the property line and still be seen. An alternate ta allowing the sign to
be piaced at the property line is to grant a variance for 30 or 20 feet, and a11ow a 10-faot or 20 -
faot setback versus 40 feet. The sign would then be set back samewhat, but would still be visible
from the highway. �
An Equai Oppotturtiiy Emptoyer
City of Mendota Heights Planning Commission
National Rod Ends Sign Variance
July 23,1996
Page 2
Variance Criteria
Attached is a table showing the variance criteria as outlined in the Zoning Ordinance. It appears
there is a hardship, in that there are not many alternatives to locate a ground sign on this site. A
special condition that is peculiax to this property is that the building is sepazated by a frontage
road, requiring that the sign be setback further than would be typically required. The required
setback may impact the preservation and enjoyment of the property, if the company is unable to
identify itself. The request meets most of the other criteria, and will not impact surrounding
properties or public safety.
Action Requested:
The Planning Commission can recommend:
(1) approval
(2) approval with conditions
(3) denial
LCY►���/ i�C�Ci]u'1�r��iU7i(�li��A
The City Planner recommends approval of a variance to the required sign setback, with
consideration of setting the sign 10 or 20 feet from the property line versus 0 feet.
Note: There appears to be many situations where it is difficult to place a sign at the building
setback line. If this is the case, is there some merit to considering an ordinance change to allow
signs to be placed closer than the building setback line?
E�HIBIT A: VARIANCE CRITERIA - NATIOIYAL ROD► ENDS
Variance Criteria Criteria Met?
Special conditions apply to the structure or land in Yes
question are peculiar to the property and do nat apply
generally to ather land or structures in the district. �
Variance is necessary for the preservation and ?
enj oymeni of property.
Adequate supply of light and air will be available to Yes
adjacent property.
The congestion of public street will not be reasonable Yes
increased.
The danger of fire or public safety will not be �es
increased.
Property values will nat be impaired in the surrounding Yes
axea.
Health, safety, comfort and morals will not be Yes
impaired.
Variance will not merely serve as a convenience, but is � Y'es
necessary to alleviate undue hardship or difficulty.
iy `
C�
♦1111i►
��ity o�
,��ieridota H�ights
APPLICATZON FOR CONSIDERATION
UF
' PLANNING REQUEST
c� Na. �Cv ;.=�.�
Date af Application _ ?� 2'"� ,
FeePaid `� loo. oc
Applicant Name: i� A�-� �'�:'y t7 pg- �S �"� --Q � b q
(Last) (F'ust) (M�
Address: _��33 UT1Gh 1�vE 5o MtNN�ArPot�lS �"t1i3 r"�' 'r'�•�f (%
�riTunb� !� Street) . (Ciiy) (Siate) {Zig)
Owner Name: V t NG i: ,� t v�J Ac t,l A� ,"� �o . .
(I,ast} {F'ust) {�v�}
Address: l`i'Z'� 5#�i�t�/!�f Ci : (�.� EA-t�CArts �`''1� �ci! 22.
(Number & Street} (City) (State) (Zip)
S�[C�L LOCILIOII Of PIi7j3�2'� iil QtieSCtOII: _ Z� 2�► W �4'1"�-� b�.1 U�1 �
MG�ub cTpt t� �rt�t wtN, 55 t 2v f�.�
Lega1 Descrigtion of Fmperty: G+�lt 1t.�E'�v TLY 1� 8 t �vG� t2 G— Pt- J�'ttE b. P�.o P�S � b�
,.
���c�R.1 rT�n� : I.a1' �� i3L a k. '1 , o� TvT 1+ 1 �t- A j� p s'i� v�v"
. —�.
Type of Request:
Rezoning
Conditional Use Permit
Condidonal Use Permit for P.U.D.
Plan Approval
Cc�mprehensive Plan Ameadment
� Variance
Subdivisian Approval
Wet2ands Perniit
Other (attach explanatian)
Applicable City (hdinau�cc Numoer � p � Section _ �► � . � - -
Present Zon�ing of•Pmperty �'�,..,.�,_ Present Use • a1�p►�" t N uSt� Gv yt¢.�`iv�"G.�'
Proposed Zoning of Pmpdrty ;_" t Ptvposed Use �i �'t" w�. F-c�• d�-� a F F� cC
I hez�eby declan that ait s'tate�nents made in this request and an the addidonal
materiat are true. �� � Ci�'�-
(Signature of Applic�t) M �
��
���'q%
(Received by • Tide) ��
1101 Victoria Curve -1Viendota Heights,lV�N � 55118 452•1850
: ._
; .
July 2, 1996
Planning Commission
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 5511 S
Re: Sign Variance
National Rod Ends
We are requesting a sign variance for our client, Vince Jiovanazzo, General
Manager of National Rod Ends. Our client needs to locate an internally illuminated
sign at the edge of his property line along Waters Drive. Please see the attached
drawings for the proposed location, size, and perspective views of the sign and
topography of the site.
The principle reason for this variance request stems from the topography of the
site, and our client's desire to keep his sign low to the ground. As site plan C1.2
indicates, a hill runs along Waters Drive at the front of the site. Our client does
not want to lower this hill because it will naturally screen the front parking lot, and
preserving the hill will help the building fit into the natural topography of the site.
The sign is designed to be an integral feature of the main entry to the building. It
identifies our client to the public, and it helps define entry into the building. It is 3'
x 15' and is mounted on a stone base 2'-S" high. The stone of the base is the
same Kasota stone of the building, and the height 2'-8" is the same height as the
retaining wall at the main entry (compare A5 and A5.1). Locating this sign more
than 20 feet or 40 feet from the property line would either block the drainage of
the front parking lot or screen much of the sign from the view of the public.
For these reasons, our client desires that the sign be located as near to the crest
of the hill along Waters Drive as possible. Since the crest of this hill corresponds
roughly with the property line, we are requesting a variance to locate the sign as
close to the property line as possible.
We are enclosing with this letter the signatures of George and Dorothy Waters,
who are the only property owners within 100 feet of the property, and who have
no objection to the proposed sign or its location.
WIRTANEN
CLARK
LARSEN
Architects Inc.
i�
qp
1433 Utica Avenue South
Minneapolis, MN 55416
Fax: �612) 541-9554
Phone: �612� 541-9969
�
. ;
Page 2
Thank you for your due consideration in this matter, and we look forward to
answering any questions or concerns you may have.
Sincerely,
���' ��
l�
Ted MacLeod, AIA
Associate Architect
cc: Vince Jiovanazzo
Rick Will
Enclosures
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,,�,, , � .��ier�dota H�.i�hts
TO:
FROM:
�:
BIGNATIIREB C1F CONSENT FOR PARIANCS RSQUEST
The Planning Commission, City af Mendot�a Heights
Property owners of �1 a'�t� o,..,, � �o� C�-rcl c, S�'� c,
�--
�No.� cv� bv � v..�.
�, Q� V �C s�` i'�"�' o. w. o,�+► v w.�4vr T �'r � t'^. �.lG� 6+'uw c0
e v— —••.
We the undersigned have reviewed the plans for N�►����^a,� ��,.
�. �, - : and understand the terms and
conditians of the requested variance far t•..�oti,,,.�,,,�,,,,�{- ��k
We have na ob�ect�ans to this request and do hereby give aur
writ�en consent and con�ent to waiver of public hearing.
� ' Sincerely,
NAME (Please Print)
GEoQ.b�� traR�7�'t`! �r��'R"�tL.S
�
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� I IIII � ` .c!�. i< ....i � ' " i1:. � �
1101 Vietori.a Curve • 1V�,endota Heights, 1V�iN • 55118 452 • 1$50
�f�
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R"
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...
CTTY C1F MENDCiTA HEIGHTS
�
Tuly 24, 1996
TO: Mayar, City Councii a�d City � i�tor
FROM: Patrick C. Holiister, Administrative Intern
SUB7ECT: PUD Concept Plan for United Praperties
Case No. 96-23
Discussion
Mr. Glowa appeared befare the Planning Commissian on July 23, 1996, to discuss 1us
future application for a muiti-phased PUD for a new officelwarehouse development south
ofNorthland Drive and adjacent to I-494. Mr. Glowa intends ta build two two-story
buiidings and faur single-stary "high tech" office/warehouse buildings on a"spec" basis,
but with pre-leasing. He would build the buildings two at a time, using integrated colored
block and brick as exterior materials. Mr. Giowa wishes to process the proposal as a PUD
to facilitate the creation of shared parking and access drives. Mr. Glowa has submitted a
"Concept Plan" for Planning Commission and Council review before submitting h%s
"Development Plan", in accordanca with our ordinance.
Council Action Required
No forma.l action needs to be taken at this time, sincs this is anly the Concept Plan stage.
City Council may camment or make suggestions on the Cancept Plan to Mr. Glowa. Such
actian is nat binding an the City in any way, but is advisory to the applicant on a
preliminary basis, before they incur substantial casts an design and planning.
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447-4739
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
LOCATION:
ZONING:
Telephone Engineers
612/476-6010 Planners
612/476-8532 FAX Surveyors
Planning Commissioners of Mendota Heights
Meg J. McMonigal, City Planner
July 23, 1996
PUD Concept Plan for Mendota Technology Center
United Properties
Mendota Heights Business Park
Industrial
Descr�tion Of Request
United Properties is proposing a 21.52 acre Planned Unit Development in the Mendota Heights
Business Park. The development would consist of six (6) building buildings with two (2) office
buildings and four (4) office and warehouse buildings.
�lanned Unit Developments
Planned Unit Developments (PUDs) are a flexible method of designing and developing land. A
Conditional Use Permit is required, and prior to an application and public hearing a"concept"
review is required before the Planning Commission and City Council.
For those PUDs in Industrial zoning districts, flexibility is allowed in the areas of zero lot lines,
shared parking, pedestrian connections between structures, common building materials and
treatments, signage and architectural styles, landscaping and the ordinance encourages the
development of a "campus" atmosphere.
Site DevelopmentAnalvsis
Proposed is a six (6) building PUD located on 21.52 acres in the southeast corner of the Mendota
Heights Industrial Park. Attached is a table summarizing the site chazacteristics that are shown
on the submitted plan. The proposed uses aze allowed in the Industrial zoning district, however a
PUD is requested to provide for shared parking, common access and common open space.
An Equal Opportunity Employer
City of Mendota Heights Planning Commission
Mendota Technology Center
July 23,1996
Page 2
Overall the proposed plan is workable. The buildings as shown on the concept plan meet the
requirements of the Industrial zoning district. Parking setbacks would be eliminated as a part of
the PUD. (Parking setbacks in "I" districts are 20 feet from the front property line and 10 feet
from any side or rear property line.) Proposed is cross parking to allow the parking and access
drives to be used jointly. The PUD is proposed to function as a"campus" setting as requested in
the PUD ordinance.
The parking shown is 66 spaces over what is required. Between buildings B and C the parking
extends to the street. It could be reduced in this azea and more green space provided. Also,
landscaping is required in order to break up the long stretches of parking in all of the lots. The
circulation shows driveways extending around the south end of the office/warehouse buildings.
This connection and circulation may not be needed with all of the drives off of Northland Drive.
Unless the excess parking spaces are shown to be needed, the overall amount of parking could be
reduced. Fewer spaces results in more green space, less overall pavement and less surface water
runoff.
Action Requested:
The applicant is requesting concept plan approval for the proposed Mendota Technology Center
PUD. The concept review stage is an opportunity to offer suggestions for the development.
STAFF COMMENTS:
Overall the plan meets the intent of the PUD ordinance. The City Planner recommends a closer
look at the amount of parking provided, and the overall circulation on the site.
In addition to the site plan that has been submitted, a fmal plan submittal will require:
1. preliminary plat
2. cross parking and access easements
3. grading and drainage plan
4. landscaping plan including landscaping in the pazking lots
5. building elevations
6. development schedule
7. proposed agreements or covenants
8. an economic feasibility report or market analysis
071-01 IG
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Mendota Technology Center - Development Plan Summary
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UNITED PROPERTIES
July 1, 1996
Mr. Kevin Batchelder
City Administrator
City of Mendota Heights �
1101 Victoria Curve
Mendota Heights, Minnesota 55118
SUBJECT: MENDOTA TECHNOLOGY CENTER
MENDOTA HEIGHTS BUSINESS PARK
Dear Kevin:
With regards to Section 22 under the Planned Unit Development (PUD) guidelines of your
ordinance, we are submitting a Concept Plan for a future six-building development named
Mendota Technology Center, which will be located on Northland Drive fronting I-494 in our
Mendota Heights Business Park. We have m�t with the city planner aitd staff regarding this
project, at the Pre-Application Conference, on June 17, 1996. We have been directed to proceed
with the Concept Plan section of your ordinance.
Our current plan for Mendota Tech Center includes four single-story office waxehouse buildings,
estimated to provide a ratio of of�ice to warehouse space of 50:50, and two office buildings of
40,000 square feet each. The total project is estimated to contain 240,900 square feet, located on
total land area of 21.52 acres. The buildings will be developed in phases, subject to market
demand. The purpose for the PUD request is to create a campus environment, similar to the
Mendota Heights Business Center project located on Northland Drive and Pilot Knob Road. The
buildings will be similar and complimentary in design, will provide for common access, site
circulation, cross-parking, site utilities, and shared open space. We include the require�tirawings
and the following response to the narrative portion of the PUD Concept Plan section of the
ordinance regarding compliance:
Character of the PUD [Section 22.S�1a1 — It is our intent to create a business campus for
companies requiring both office and warehouse space. The architecture of the buildings will be
complimentary of one another to reflect a common design theme, along with standard
landscaping, site lighting and project signage. The development includes approximately 21.52
acres of land that will incorporate common access points, site circulation, cross-parking, site
utilities, and shared open space. This specific site is at the east end of Northland Drive, abutting
Highway 55 and fronting I-494. The elevation of this site is very high relative to I-494 and the J--
low-rise buildings will therefore have very little visibility to this interstate highway.
3500 West 80th Street Minneapolis, Minnesota 55431 612 831-10(}0 Fax: 612 893-8813
Mr. Kevin Batchelder
July 1, 1996
Page 2
Financin�[Section 22.5(�bl,— Financing for the project is available through a number of sources.
United Properties is considering two options at this time, including selling the project to a third
party investor, with United Properties retaining property management services; or our paxent
company may retain ownership and finance the cost through outside traditional mortgage sources.
Present Land Ownershi�[Section 22.5(4�1 — The subject property is currently owned by the
Northland Land Company, a subsidiary of United Properties. The land is cunently platted as Lots
5, 6, and 7, Block 6, Mendota Heights Industrial Park. It is our intention to replat this property
as single lots for each new building. Cross easement agreements will be included in this
transaction to accommodate for parking, access, circulation, and site utilities.
Development Schedule [Section 22.5(41d1 — Subject to your approval, we intend to begin the
marketing process for this project immediately. We do not intend to build any of these buildings
on a speculative basis, and therefore, our development is subject to pre-leasing. We have no
construction schedule for the buildings at this time; given current market conditions, we expect
that this entire development will take approximately two years to complete.
Acreage and Emplo ment [Section 22.S�,1fJ — The total site is 21.52 acres,of land. Based on our
estimate of office and warehouse space, we esti"mate approximately 850 'employees will occupy
the six buildings.
Buildin Size [Section 22.5,�4)�1 — The total development includes two (2) office buildings
containing approximately 80,000 squaze feet and four (4) offce/warehouse buildings containing
160,900 square feet. Actual sizes will be subject to final plans and specifications. The proposed
office/warehouse buildings will provide 18' clear ceiling height, featuring a combination of brick,
architectural masonry block, and glass materials, and the office buildings will feature brick and
glass materials.
Open Space [Section 22.5l4�1— A commercial project of this size requires an extensive amount
of surface parking and truck service area. United Properties has substantially landscaped the
outdoors area with a variety of trees, shrubs, and flowers to soften the effect of any hard surfaces.
United Properties has other PUD experiences in the Mendota Heights Business Park, including
the Mendota Heights Business Center project and the Northland Insurance and Solvay projects.
The amount of impervious surfaces for this PUD totals 68.5 percent, which complies with the
ordinance limits.
Projected Traffic [Section 22.S�,1i1 — We can only estimate at this time
generate 850 cars to match up with the number employed at this location.
take into consideration any ride sharing, car pooling, etc., that might occur.
Dco�o�a.a�
that the project will
This amount does not
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Mr. I�evin Batchelder
7uly 1, 1996
Page 3
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We hope to receive your Concept Plan appraval of this development. If so granted, we will -
proceed with the final development plan as detailed in Section 22 of the ordinance. Please ca11 me
if yau have any questions. .
Very truly yaurs,
Da1e J. Glowa
Senior Vice President
Development
DJGlsrh
DG0701a.doc
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Date:
Applicant:
Case No:
Mendota Heights
PUD Concept Plan Checklist
ViN i��tik J!'.?%'F,if] E'S
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The applicant shall provide to the Planning Commission and the Council at the pre-application -
conference the Concept Plan and other information specified,in Sedion 22.5. A Concept Plan must
include both maps and a written statement, and must show enough of the azea surrounding the
proposed Planned Unit Development to demonstrate the relationship of the Planned Unit
Development to adjoin� uses, both existing and proposed. The maps wluch are part of the
Concept Plan may be in general schematic form, and must contain the following infomtation:
,� a. The existing topographic character of the land
� b. Existing and proposed land uses and the approximate location of buildings, utilities, and
unique development features of the site.
_��
_ c. The location of majoiVhnroughf'ares. '�
�----�-�
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l�' d. Public uses, including schooLs, parks, playgrounds, and other open spaces.
; �.
A written statement must accompany the Canc�pt Plan, which must contain the following:
j� a. An explanation of the character of the Planned Unit Development and the manner in which
it is consiste�t with as has been planned to comply with the Planned Unit Development
provisions contained in Section 22.
� b. A statement of proposed financing.
� c. A s�tatement of the present ownerslup and all existing or contingent interests in all of the
land included within the Planned Unit Development.
� d. A general indication of the expected schedule of development including progressiyg _
phasing and time schedules which shall not exc�ecl five (5) years from the date if approval
of the Final Development Plan for the Planned Unit Development to the completion of all
construction.
The character and appro�mate density of �e dwelling units.
Estima,ted industrial or commercial acreage and projected employment.
Estimated square footage of any commercial development.
Estimated amount of open space and a computation showing the percents of impervious
surface in the Project Area.
Projected traffic.
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CITY OF MENDOTA HEIGHTS
I���T�
July 30, 1996
TO: Mayor, City Council and City A s or
FROM: James E. Danielson, Public Works Direc
SUBJECT: Cellular Antenna Request
I was recently contacted by Mr. Adrian Evarkiou, CB Commercial. Mr. Evarkiou
contacted me to inquire as to whether or not the City would allow more cellular antennas
installed on the water tower. Mr. Evarkiou stated that he felt that it would be technically
feasible to install more antennas on the tower should the City allow it.
I informed Mr. Evarkiou that it would be a Council decision if more antennas would be
allowed on the tower and that he should submit a letter of request (see attached).
� Y 1�;_ 1 ai;_ 1
Review Mr. Evarkiou's request to install more cellular antennas on the City's water
towerx to determine if more antennas should be allowed, and if so under what conditions.
�
CB COMMBRCIAL
REAL ESTATE GROUP, INC.
iH.rrrrvnoNni_ seevicFs
July 18, 1996
Mendota Heights City Council
Attn.: Jim Danielson
1101 Victoria C�rve
Mendota Heights, MN 55118
RE: Water Tower at Highway 494 & 35E
To Whom It May Concern:
���
COMMERCIAL
Deliveri�tg Solutions Through
Locaf Ki:owledge Wor(dwide
FOUNDED 190C
612 222-4600
612 645-1526 Fnx
We have been hired by U.S. West Wireless Communications to acquire sites for their "Personal
Communications Services" (PCS) network. PCS is an advanced digital cellular phone service that is being
set up in the Minneapolis and St. Paul metro area. Your above referenced water tower is located in one of
our geographic azeas ("Search Rings"). We would like to apply to locate our PCS equipment on your
water tower. We would also like to request the lease that the city has been using with the
telecommunications companies and any drawings of the location of the tower.
As discussed, timing is of the ulmost importance, and we appreciate your diligence in this matter.
If you have any questions, please feel free to call. I thank you for your help and look forwazd to receiving
your package.
Sincerely,
��%��
Adrian Evarkiou
Associate Field Representative
(612)603-6127
Enclosure
COURT INTERNATIONAL, 2550 UNIVERSITY AVENUE, SUITE 155S, ST Pnu�, MN 55 1 1 4-1 052
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CITY OF MENDOTA HEIGHTS
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July 24, 1996
TO: Ma or Ci Cauncil and Ci Ad����r
Y , tY tY
FROM: Patrick C. Hollister, Administrative Intern
SUB7ECT: CUP for Paster Enterprises
Case No. 9b-22
Discussian
Mr. John Streeter, Mr. Ron Roetzel, and Mr. Edward Paster, owner af Mendota Plaza
shopping center, appeared befare the Planning Commission on Ju1y 23, 1996, which held a
pubiic hearing ta discuss iheir application for a CUP for Land Reclamation for land
immediately east ofMendota Flaza which MnDQT intends to release for development.
Paster Enterprises does not currently own this Iand, but is in the process of acquiring it.
Mr. Streeter desires to use some of the excess dirt frorn the ��tA. project to fill in low
areas on his site. Mr. Streeter added that taking this dirt fram the HRA was a goad
opportunity ta save money for both Paster Enterprises and the HRA, and that it wauld be
a shame to see the IaRA haui all af this dirt out of town, only to have Paster Enterprises
need a si.milar quantity a few years later. Druring the public hearing the Planning
Commzssion asked Mr. Streeter and Mr. Paster what pians they had for development of
this praperiy. Both gentlemen said that no plans existed, and that they were anly moving
this dirt to prepare for the future. {Mr. Streeter had eariier indicated to Staff that he
envisioned some sort of retail use far this praperty.�
Mr. Streeter added that now that this MnDOT land is available, the acquisition of this
properiy by Paster Enterprises rather than by an outside entity was in the interest af both
the City and Mendata Plaza, because it woulci help ensure that whatever type of
development occurred on this land woutd be compatible with the Mali.
Dr. Greg Lee af Dadge Nature Center was the only member of the public to attend the
hearing an this application. Dr. Lee e�ressed no objections to this land reclamation
praject.
Mr. Streeter impressed upon the Planning Commission the need for expedient action on
this request, since the window of apportunity to acquire this dirt was anly a matter of
weeks.
The Planning Commissian expressed a concern that none ofthe filled in area be wetlands,
and asked Staffto coordinate the prpject with the Dakota Caunty Soi� and Water
`
Conservation District. This has been done. Please see the attached memorandum from
Engineer Marc Mogan.
The original proposal to Staff was for acquisition of the "Sheehy property", and was later
expanded to include the next parcel to the east, the "Fisher property". The Fisher
properry would include the right-of-way for any extension of South Plaza Drive. MnDOT
has informed Staffthat they will include a caveat with this sale to Paster that will provide
for Mr. Paster to dedicate the right-of-way for this roadway extension to the City, at such
time that it is needed, at no cost.
MnDOT has indicated to Staff that although they are willing to release this land to Paster
Enterprises, their acquisition of this land will take at least si}c months. MnDOT is willing
to issue Mr. Streeter a land reclamation permit if MnDOT receives a letter from the City
of Mendota Heights indicating that the City approves of both Paster Enterprises'
acquisition of the land and the addition of fill.
Recommendation
The Planning Commission on July 23, 1996, voted 5-0 (Dwyer and Lorberbaum absent) to
recommend that the Council grant a CUP for land reclamation to Paster Enterprises on the
following conditions:
1. that Paster Enterprises remove the dirt if it does not acquire the land
2. that no dirt be placed within 100' of any wetland (see Mogan's memorandum)
3. that the dirt not be spread around the property until evidence of title ownership be
presented to the City
4. that no trees be removed without City permission
5. that a hydrologist verify that there will be no negative impacts upstream as a result of
the filling
6. that the Dakota County Soil and Water Conservation District review and approve this
application
7. that an environmental impact study be performed
Council Action Required
Discuss the permit request with the applicant and then if the Council wishes to follow the
Planning Commission's recommendation, it should pass the attached Resolution No. 96-
_: A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LAND
RECLAMATION AND TREE REMOVAL TO PASTER ENTERPRISES.
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� Ci'�y O� MENDOTA PLAZA Case # 96-22
���lAlj 1Viendota RECLAIMATION PERMIT — WETLANDS
Heights
1101 VICTORIA CURVE • MENDOTA HEIGHTS, Mf� 55118 (612) 452-1850
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CITY OF MENDOTA HEIGHTS
MEMO
7uly 26, 1996
TO: Mayor, City Council, and City Administrator
FROM: Marc S. Mogan, Civil Engineer MSi''�
SUBJECT: Planning Case No. 96-22 - Mendota Plaza CUP for Land Reclamation
Wetland Conservation Act (WCA) Administation
DISCUSSION•
I contacted Brian Watson of the Dakota County Soil and Water Conservation District
on 7uly 25, 1996 to discuss any possible restrictions within the WCA or other governmental
agencies as it may relate to the proposal presented by Paster Enterprises to fill a portion of the
McDonald's sedimentation basin adjacent to the Mendota Plaza. This basin does not appear on
either the DNR protected waters map, or the National Wetland Inventory map of the United
States Fish and Wildlife Service. I also indicated that the sedimentation basin was constructed
in 1976 in an upland area as part of the construction of the McDonalds restuarant. This is
corraborated by a copy of the proposed grading plan, and the soil types as shown on the Dakota
County Soil Survey (See Attached). Based on our discussion, and the City's administrative
authority under the terms of the WCA, this work falls within the exemption in Section
8420.0120, subpart 5, of the WCA, and would also qualify under section 26 of the Army Corps
of Engineers Nationwide pernut.
The last issue of importance in this matter was the recommendation that Planning
Commission placed on this proposal that no fill be placed within 100 feet of any wetland. Nearly
half of this sedimentation falls within this 100' boundary, and the strict enforcement of this
recommendation would render this proposal a waste of time and effort. The wetland in question
is actually a drainage channel, and therefore it may be reasonable to look at this issue somewhat
differently. I would suggest that this condition be amended to state that no fill be placed on the
existing slope below the top of the bank of the sedimentation basin adjacent to the drainage
channel. This would maintain existing vegetation, help rrLnimi7e erosion, and restrict fill from
being placed any closer than 50 to 60 feet to the existing drainage channel.
ACTION REQUIRED•
MSM
None. For information only.
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, NIINNESOTA
RESOLUTION NO. 96-
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT
FOR LAND RECLAMATION AND TREE REMOVAL
TO PASTER ENTERPRISES
WHEREAS, Mr. Streeter of Paster Enterprises has requested a Conditional Use
Permit for M'ining as proposed on plans in Case File No. 96-22; and
WHEREAS, The Planning Commission of the City of Mendota Heights
conducted the required public hearing to review this application at their July 23, 1996
meeting; and
WHEREAS, The Planning Commission voted 5-0 (with two members absent) to
recommend that the City Council approve this request,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Conditional Use Permit for Mining is hereby granted
conditioned upon the following:
1. that Paster Enterprises remove the dirt if it does not acquire the land
2. that no dirt be placed within 100' of any wetland -
3. that the dirt not be spread around the property until evidence of title ownership be
presented to the City
4. that no trees be removed without City pernussion
5. that a hydrologist verify that there will be no negative impacts upstream as a result of
the filling before dirt is spread
6, that the Dakota County Soil and Water Conservation District review and approve this
application
7. that an environmental impact study be performed
Adopted by the City Council of the City of Mendota Heights this 6th day of August, 1996.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
%'
�
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447-4739
M E M O R A N D U M
TO:
FROM:
DATE:
SUBJECT:
Telephone Engineers
612/476-6010 Pianners
612/476-8532 FAX Surveyors
Planning Commissioners of Mendota Heights
Meg J. McMonigal, City Plannerl���
July 23, 1996
Public Hearing for Conditional Use Permit for Land Reclamation
at Mendota Plaza
APPLICANT: Paster Enterprises
LOCATION: Mendota Plaza
�Descrip 'on O�Request
Paster Enterprises is proposing to use some excess dirt from the Dakota County HRA Senior
Housing site to fill in an area to the east of its shopping center. The area filled is being acquired
by Paster from MnDot. and Sheehey and would be used to expand the parking lot.
Conditional Use Perr�zits
A Conditional Use Permit (CUP) is required for any land reclamation (elevating a grade with 400
cubic yazds or more). A grading plan has been submitted and reviewed by Civil Engineer Marc
Mogan (see attached memo).
Section 5.6 of the Zoning Ordinance states that conditional uses are those uses "which, because
of their unique characteristics, cannot be properly classified in any district or districts without
consideration in each case, of the impact of those uses on neighboring land or the public need for
the particular location." In considering a conditional use, the ordinance states the application
should be reviewed in terms of the proposed use on the health, safety, and welfare of occupants
or surrounding land, existing and anticipated traffic conditions including parking facilities on
adjacent streets, and the effect of the proposed use on the Comprehensive Plan.
An Equal Opportunity Employer
City of Mendota Heights Planning Commission
Paster Entergrises
JuIy 23,1996
Page 2
,Site C'onditions
The low area to be filled is on the east side of the Mendota Plaza site. Paster is working to
acquire this properiy from h�.nDOT and the underiying fee awner, Sheehey. In order far it to be
useable, it must be filled. The Dakota Caunty HRA Senior Housing site has excess fill and is
nearby, making this a timely and appropriate use far the area.
Aithough no wark will be done in a wetland, this is within 100 feet of a wetiand area, and a
wetland filling permit is required. Also, the appropriate erosion control measures shauld be
taken, and shown on the grading plan.
Action Re�u�sted:
The Planning Commission can recammend:
( I ) approval,
{2) apgroval with conditions,
(3) denial.
�fa, ff re�vm�endationr
The City Planner and Civil Engineer recammend the Conditional Use Permit be approved, with
the following conditions:
1. Erosion cantral measures be added fa the grading ptan and approved by the
Engineering depaxtment prior to commencement of any wark;
2. A wetian�i permi# be issued;
3. Frior to the commencement af any grading work, Paster Enterprises must
prove it is the fee awner of the praperry, ar alternatively, have the praperty
owners sign the Canditional Use Permit application approving of the work.
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�� EIrTTERPRISES
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OF MENffOTA HEI
BOLT'ON 8� M�N K, INC_
Consutting Engineers & Surveyors
1515 East Highway 13 • Burnsville, MN 55337-6857
Phone (612) 890-0509 • FAX (612) 890-8065 -
July 3, 1996
�Mr. Mazc Mogan
City of Mendota Heights
1101 Vidoria Curve
Mendota Heights, MN SS 118
Re: Parldng Lot ETcpansion Grading Concept
;� Mendota Plaza, Mendota Heights, MN
� TC96.0114
�
Dear Mr. Mogan:
Enclosed please find oopies of the Boundary and Easement Sketch, Grading Concept Plan, the Conditional
Use Permit Checklist and Hydrology Analysis all for the grading ooncept proposed along the east side
of the Mendota Plaza. Based upon your verbal approval, the proposed outlet is a 42" CMP with a
sedimentation weir set at the 1-year pond elevation of 833.7.
If you have any questions, or require any additional information, do not hesistate to call.
Sincerely,
BOLTO MENK, INC.
t � ���� .
Ronald A. Roetzel, P.E.
cc: John Streeter, Paster Enterprises
� �
City af Mendota Heights
Conditional Use Permit Checklist
Date:
3-c,`�'� ,
Applicant: �s Eh� +�cQ.i
....,,.� ,....,_
Case No: �"-�'to -� ?—
�a. Fee: ($350 Normal, $50(} for Planned Unit Develapment} (�� �`�^ �'�`�'``� F'"s`�.�
I/ �}. Letter of Intent� .- (� r�. eQ. ��.+� � O i� t..� p r" ����
C: r�� a Abstract Listing of awners located within 350 feet of praperty.
AlI applications for a conditional use permit wluch are initiated by the petition af the
owner or owners of the praperty in questian shall be filled with the City� Clerk no later
than twenty-one (21) days preceding the ne�t regularly scheduted Planning Commission
builciing.
All applicafions for a conditioaal use permit shalt be accampanied by twenty (20) copies of
a set of plans and graphics containing the following infarymation and £oided, where
necessary, to the size of eight and one-half by eleven (8 1/2 x 11) inches.
r � ••
^ The Site DeveIopment Pl�n shall include:
L' 2. Lacatian of alI buildings on the roperty in question including both existiitg and
� proposed structures. C H`v ��� �cs� S�r:�<:,�-+�.We.a�
�.2. Loca6on of alI adjacent buildings located within three hundred fifly (354) feet of
the e�erior boundaries a£the property in question.
r�1� 3. Ftaor area ratxo.
✓ 4. Locatian and number oiexisting and g�e�esed pazking spaces. G G N��- ►� t'°'" "�'�
� . �I�, ���y�
5. Velucular circulat�an.
�1� 6. Aarchitecturat elevations (type and materials used of att externai surface).
,�t1,�; 7. Sewer and water ali�,mment, existing and proposed.
�,J� 8. I.ocation and candle power ofall illuminaries.
� 9. Location of all existing easements. ,
�
� ._
`
The Dimension Plan shali include:
� �1. �Lot dimer�sions and area.
�tJ� 2. Dimensic�ns of praposed and e�stirtg structures.
���,�3. "Typicai" flaor plan and "typical" rac�m plan.
�.:.� 4. Setbacks on aIi buiidings iocated oz� property in question.
�� 5. Propased setbacks.
The Grading PIan shail inciude:
� . Existing cantour,
1� 2. Propased grading elevatzons.
V 3. Drainage canfiguration
✓ 4. Starm sewer catch basins and invert elevations.
r
, �5. Spot elevatians.
j�� 6. Propased raad profile.
The Landscape Plan shaU include:
t'' 1. I.ocation of all existing trees, type, diameter and which trees will be removed.
�J�, 2. Location, type and diameter ofall proposed plantings.
=Ij�r. 3. Location and material used of all screening devices. �'" "
0
. - • •M
: ._
CITY OF MENDOTA HEIGHTS
MEMO
Ju1y 18, 1996
TO: Pla�r�ning Cammission
�'ROM: Marc S. Magan, Civil Engineer �SM
SUBJECT: Planr�ing Case No. 96-22 - Mendata Plaza CUP far Land Reclamation
Grading and Storm Water System Review
DI5CUSSIQN:
The Mendota Heights Senior Housing praject has excess sail which must be disposed of off-
site. The Dakota Caunty HItA could save a substantial amaunt af money if they cauld place
this excess soil in the general vicuuty withaut having to truck it off-site. With this goal in mind,
the Dakata Caunty HRA approached the City and Paster Enterprises about the passibility of
placing this fill in the excess MnD(7T right-of-way east ofthe Mendota Plaza, property. Paster
Enterprises has an interest in develaping this pra}�eriy, and is in the process of acquiring the
underlying fee title of this property for that purpose. Acquisition of this underlying fee title,
cambined with a City approval for Iand reclamation, would a11ow Paster Enterprises to accept
placement of the excess soil from the Mendota Heights Senior Housing Project on this site.
This arrangement would be economicaliy beneficial to both Dakota County ��RA and Paster
Enterprises. If Paster Enterprises were to ever build on this site, fill would have to be imported
and placed an this parcel in order ta make it buildable. Paster Enterprises has submitted a plan
which would fill a portion of what has been described as the 1VicI?onald's pond in order to
create an area which would be Iarge enough to develape.
GRADING:
Faster Enterprises' grading plan involves filling approximately 1.9 acres of this 3.4 acre parcel.
The proposed grading wauld require the removal af a few trees ofthe size and type as shown.
Paster Enterprises' grading plan creates a trapped depression along the east properiy line which
requues the installatian of a siorm sewer pipe in order for it to drain. '4Vhile this design is a
satisfactory solution to this situation, it would probably be more desirable ta acquire a slope
easement over the adjacent properiy ta allow filling of this area as well. The erosion control
measures shown are in general conformance with the guidlines as recommended in conjunctian
with land development as published by the l�Tinnesota. Poiiution Control Agency {�v1PCA) in
"Water Quality in Urban Areas", cornmonly referred to as Best Management Practices (BMPs).
Areas graded under this plan would be restared with seed and mulch. ,,_
�
STORM WATER DETENTION BASIN:
This existing McDonald's pond functions as a sedimentation basin prior to discharging into the
Friendly Marsh/Interstate Valley Creek drainage channel. The current pond outlet is just one of
a number of designs which cieate an effective sedimentation basin.
Paster Enterprises' plan reduces the volume of the existing sedimentation basin by
approximately 25%. Their plan compensates for this reduction in storage volume by increasing
the discharge capacity of the outlet from the sedimentation liasin, and increasing the surface area
of the engineered skimmer weir that the storm runoff filters through prior to discharge from the
pond. These changes shouldn't compromise the system's e�ectiveness, but may lead to an
increase in the frequency of sedimentation basin maintenance necessary to preserve the
efficiency of the system.
The existing pond outlet configuration overIlows during a 10 year design rainstrom event, and
therefore the cunent pond doesn't provide the 100 year pre-development runoffrate control
function which is a common element incorporated into the design of detention basins. The
capacity of the storm sewer outlet pipe has been increased sigriificantly to convey up to a 100
year design rainstorm event under full development conditions. This offers a significant
improvement over the current situation, and should help to reduce basin slope maintenance from
erosion which may result from storm water overtopping the bank of the existing basin as more
development occurs within the tributary watersh�d.
'� 5UMMARY•
Based on my review and analysis of the information presented, my comments are as follows:
The grading and erosion control measures as shown on the plan should be sufficient to protect
adjacent property and downstream recieving waters.
The proposed changes to the storm water detention basin will serve to maintain the purpose and
function of the existing McDonald's sedimentation basin.
The proposed storm sewer pipe outlet improvements should help to reduce the potential of
future erosion problems.
MSM
, ._
�
�
� 1t�T t3�
11 � l 11 1��ie�.do�a Heights
A►PPLICATION FOR CCMNSIDERATiON
QF
PLANNING REQUEST
Case No. �� � ��
Date of Application �'
Fee Paid �� . c�
ApplicaniName: MeridOt� Ma11 Associates, I.LP P�.I: 646-7901
¢,ast) {F'ust) (MI}
Address:
2227 Uni versi ty Avenue, St. Paui , Mi nnesata 55II4-1677
Cri�ber & Street3 t�ity'� . (��te'� �"�.ip;�
Owner Name: Sdt►1G a,s abOVe '
(Last) tF'�7 t�'�
Address:
(Nuu�bEr & Sh'eet) (Cxty) ($tat8) f` CZiPi
Smeet Lacation of Properry in Question: Mendata P1 axa Shop�i ng Center,
750 5� atg. Ni ghway 110 , n9endata Hei ghts
Lega1 Descrigtion of Praperiy: Lot 2, B1ock 1, Dakota County
Type of Request:
Rezoning
Caaditional Use Permit
Canditionat Use Permit for P.U.D.
Plant Apgmval
Comprehensive Flan Amendment
Variance
Suhdivisian Appmva�
Wetlauds Pernut �
Other {attach explanatian)
Annlicahle City �rdinanae N�unber � S _ Sl;t�o�� "'"
Preseitt Za�ng, �f �Prapert� ' Present Use
' •�• '• •e • • ' t�� " •f• •i
I hereby dec]are that ati s'tatements made ia this request and the additional
materia� are true. � G��i'��
� �
ft� � (Signature of Applica�qt}
/b b t-1� tiU �
� � � (�ase} r --
D
(Received by - Title) '
1141 Vietoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
CITY bF MENDO'TA I3IIGHTS
August 6, 1996
TO: Mayor, City Council and City Administrator
FROM: James E. Danielson, Public Works Director
SUBJECT: CUP for Paster Enterprises Additional Information
Case No. 96-22
1�_. �� � 1 �
Subsequent to Patrick Hollister's memo directed to the City Council addressing
Planning Case 96-22, Paster Enterprises, Conditional Use Permit, three additional issues have
arisen that need Council's attention.
1. Photos Supplied:
Paster Enterprises have supplied the City with an aerial photograph of the site
(attached). I feel that these photos could be very useful in considering this application because
they accurately depict the area to be filled.
2. City Concurrence Required
A MnDOT representative working with Paster to release the vacant TH 149 right-of-
way, recently contacted me and asked for written evidence from the City of its concurrence
that MnDOT should release its easement rights to Paster Enterprises for the two parcels of land
lacated east of his shopping cent!_Upon_Cit�-cqIIc rrence, MnDOT wou ct�se Paster
Enterprises their easement rights: In my conversation with MnDOT they agreed to reserve
South Plaza Drive rights-of way through the site for the City of Mendota Heights.
3. HRA`'�C-ontractor Cond'ations: ----
On Monday there w�s a meeting held between HRA, their general contractor (CBS)
and Paster Enterprises to discuss and finalize an agreement between these three organizations
before the City Council meeting. Attached is a copy of the letter drafted by CBS dacumenting
their position on the conditions upon which they would fill the site.
: � �� �� ��_ �
The only additional action required as a result of this memo, is authorization by the
City Council to inform MnDOT that the City agrees to allow the release of the right-of-way
located east of the shopping center to Paster Enterprises. MnDOT's release of right-of-way to
Paster would reserve the needed right of-way for a South Plaza Drive extension, along with all
other existing sanitary sewer and storm sewer easements for the City.
�
08/06/96 10:16 FAX 6127838202 CBS CONST SERV �a� MENDOTA HEIGHTS � 002 '
� _ �~ ' - � � . • , _' � • • _ "• . " • � • -. • . '.( � " _i
� � - � - . . - - - _.. _
: �� � �Construc.tion � _ � . -. � . � � _ -
_ _ , . - - . _ . _ ._ : _ __ . .
. �� Servaces. rnc.. � �� - - � _ : . .. _ . � � -
. � . . ' 8960 Springbnook prive., Suite 266 • Coorc Rapids, �IN' SS433 :� (612J 783-8085 '•:FAX (612) 783•8202 .: `
. � ' A�gust 5, 1�96: . :� , � . - " . � . . • � - . - ' . � • _ . . � - • ' - • ".
_ _ . - .7vlr. John �Streeter. • - . _• -' � _ � ' . - • _ • : - . � _ - �: ' . � • "- � - � . .,
. . • `�'a§tei Ent�ipiise� : . ' ' : - . . . . - . _ . � - -- � - . . : � � . - -
' - . ' - . .222'�.University Avenue�'_ � -� : . . • , . � .. , . . . : � -. - . � � . . . -
� ' • .St Pai�,�11r1�V-SS�I l.4 . • . .. _ . . - . : : _ " ' _ ._ '.. • _ � : - � . _ - : . .
, ' . .� .:_� • : . . - - _ ' . .. ; _• . . •_ . . �.�.� . '. _ � -
RE: . Excess Diit•from the Ikiendota I�ghfs Se�vr•Hcx�sing Site _� �. .
. - Dear Mr_•�S`lieetert � � : � . - . " .� " - .. .. : '. � _ � . .. ' .
�' �" EBS�Corist�ctioa Servicess Tnc:-an.d it�cxcavator, MaarSteiningcr; Inc., haveic�riewed�the . � •
� � � . �radin�plati ��re��y Bolto� & 1VIcnI� �nc_ arid.offer fha_fol[owin�comments. _ - . _ � .
. � - •. . . ' I. � ' �'he exeess expoFt.so�l�has already be�n sold io other uscrg and:��ll be �rucked .. . • � _ '.
_ � _ . off-site. � A maximwm of 17,000 CY.is ayailable to deposit oa your:propertp.as . . �., :, : . . : � �
- • ' � � ger adEe�te;10 deseflbed. fn-o� conttac[ wittt the Dakata Coimty H�tA., ' _ . ' � : � .
_ . ' • �piovide� we;ar� �iveri clear�direction�tt� pioceed wi�h.this,altemate by.10:0U�s.m • � " _ � '
_ - � : '. � �fiednesc3ay, August �, by the HI2�1.� . . . . � - - � -- , .. ' . � �. � ' , .
� __ - �:" 2. : •�To�k under the altc�axe would be limite� io a p�artiaYim�lementatiori ofthe - . '
�: . . � - - .. ; : . � &iItan & Menk�gra�ding pian, rn accoidance with the reasonable bici ass�gtions � � � _ �
. . ' . - � -� . made:b�►11/Iax �teinmge.r, Inc:, as fallows: . .. - _ • _ - • . - - -• : " : ' �- . � . - • '
� � _ _ - . - � •A _ On�e �acre af topsoil wonla be stripped (43,56(? � S�. oi about 209' x 2097 � _ � .. . .
• _ _ : " , - _ . . ' and stocl�ed for re�se; : . � . � . . � - • _ . . - .: . • , _ _ .: : - . _ .' . ' _
: � _ • � � � :. �: � , Scrapeis would spread soil a�iout l.0' high ina loose co�dition (not � . . - - . .
• , , � ._ � - • _ ' - -= � eompacted) over �s �bne acre'area. . , � _ - _ . . _ - . ..: . _
: _ ; . - . , • ' � C- ' � . S�ipped topsoil would be res�ireacl over the impo�ted fi�I: • : •_ � . , . _ � . _
' ' _ ' -D. � The disttvbed area �vauld�be resecded . _ . . -' � ., ._ �: = � � - . � .
. -. •: • ._. . ..� � --;�. . ..: .'_ _ _.. . ... . . . . : - - •
-..: . �• -- . - . �• . . � .• - -- ,�� . .. : •: - � - ` -'� � -
. . . : �.' .. • �. • S�l���ence would_� �i�c�d:to �ivtect ttie one acr+c •area_dis�bec�. _ ;. .-- . . - .
0$106l96 10:17
�. �
FAX 6127838202 C$S CONST SERV ��i �1ENDOTA HEIGHTS (� 003
. . •GB� (;'QriSlii�i'19a. S'BLV;t;eS,_IItC.
_ Augu.st �; �1'�96 � � •
� Pa.g� 2
�
,.� •�"F. No-tree remnvai, no staking, no cc��n�acti�n, nc� te.ckin�, �.nc��ns� �.ding
� woaid be donc.
. .� . . . __ �3ue to-e�oess�'vc v�rkload,.l4fa�c �te�uger, �Iuc. �as ��d �ai��d any. .
additioa2tl work scope with regard #o t3�e hanciIing of�hhis� dirt e.g compaction; �
�rra43in� clearigg o�trees� staking, .tGsiing; et�. . �
4. The H[RA, CBS, Steininger, and BR.W Elness Architects wauid require ta � held
, � � �.�ul�ss�by ;the � v�ltrle�tdo� H�i� a�d �?aster ��te�prises-f�vm u�.X
} Iiabilities resulting from the pia�ing af fill s.e ciescrii�ed aEwve. This is necessary
dc�e io t13e work lalking �Iace in•oF a� $ vue#ta.nds arca.. ,. ._
S. ACCCtTCIliI� t0 S�C1321D��F, tt�.e cost tc+ im.port 17,OQ4 CY'of r.ie.�n fill would exc.ee�
��q,gpQ .
Please•advise•theHRA aud�+�BS•pNrior• t�o•the•ciose caf busine� Tuesclap�if yaa•c�n-agree�tcrthe•
above descnbec� worl� scope for the implemetation of al#smate 14. Ys�ur caoperation i
apprcciated:� . _ � .
Very txvly yourss
.�
I�ohert P; B�mhar+d� .
President
�opy io. I}ak�,crtar �ottutyH�� .
Ci�y ofMendo�t Hsights
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/'
BO L.TON � I�/I � N K,
� Consulting Engineers & Surveyors
515 North Rivertront Drive • Mankato, MN 56001-3471
Phone (507) 625-4171 • FAX (507) 625-4177
July 29, 1996
Honorable Mayor and City Council
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55119
Re: Hydrological Study Report
' Mendota Plaza Grading Concept
Mendota Heights, Minnesota
BMI Project No. TC96.0114
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Dear Mayor and Council members:
I NC_
On behalf of Paster Enterprises of St.Paul, Minnesota, we are happy to submit the following hydrological
study report for the site drainage plan associated with the proposed Mendota Plaza grading concept.
Executive SummarX
This report details the following major items and conclusions:
The proposed modifications to the existing storm water sedimentation basin
satisfactorily contains the 10 year rainfall event to provides sedimentation and
skimmer treatment of approximately 90 percent of all storms probable to occur.
2. The proposed drainage plans will have no significant impact on the Dodge
Nature Center wetlands.
Watershed Characteristics
As can be seen from the concept plans and the attached watershed map, the 29 acre Mendota
Plaza watershed is relatively small when compared to the comprehensive watershed flowing to
the Dodge Nature Center wetlands. The Comprehensive watershed consists of approximately
950 acres which includes Mendota. Plaza.
One important consideration is the location of the Mendota Plaza outlet relative to the nature
area. The Mendota Plaza outlet is located immediately upstream from a 72 inch culvert crossing
T.H. 110 . This short circuit location is important in that the Mendota Plaza runoff will be
significantly relieved before the nature area runoff reaches the outlet.
Existing Conditions
Mendota Plaza is an existing strip mall with the potential for additional growth. The present
building development azea occupies approximately 15 acres. The remaining Mendota Plaza
watershed area is comprised of either sodded boulevards or undeveloped meadow. The
following summarizes the existing conditions:
P:\TC960114VvtAYOR&C.LTI�ANKATO • FAIRMONT • SLEEPY EYE • BURNSVILLE • WILLMAR
AMES, IA • LIBERTY, MO
An Equal Opporfunity Employer
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BO L.TON �- M� N K, I N C_
Mendota Plaza Egisting Conditions
- 15 acres developed impervious surface
- 10 acres undeveloped meadow
- 4 acres sodded boulevards
The remaining nature area watershed has been modeled to have the following approximate
watershed characteristics:
Proposed Conditions
Greater podge Nature Center Watershed
- 115 acres of mazshland
- 575 acres of ineadowland
- 90 acres of golf course
- 115 acres of residential development
- 30 acres of commercial
The ultimate conditions of the Mendota Plaza subwatershed has been modeled as being fully
, developed, i.e., all of the 29 acre subwatershed is assumed to be filled with similar commercial
properties. This is not progosed at the �resent time. However, this analysis will give both the
City of Mendota Heights and the developer a snapshot of any future expansion of the Mendota
' Plaza area. The ultimate development analyzed in this report is best summarized by the
following table:
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Ultimate Mendota Plaza Conditions
- 26 acres developed impervious surface
- 3 acres sodded boulevard azeas
This is simply a conservative estimate of the future conditions. The actual development will
undoubtedly include more green landscaped area in accordance with the Mendota Heights
development ordinances.
Analvsis
The hydrologic analysis was performed using HydroCAD Modeling Software as developed by
Applied Microsystems, Inc. The typical analysis is based on Soil Conservation Service
Technical Release No. 20 and Technical Release No. 55 (SCS TR-20 & TR 55).
The SCS 1 year and 100 year rainfall events are 2.3 inches and 5.9 inches respectively.
Using these parameters and the SCS methodology, we have analyzed the inflow hydrographs to
the Mn./Dot ditch from the Dodge Nature Center and Mendota Plaza for both the existing and
ultimate development conditions. Copies of the HydroCAD printouts are attached in the
appendix to this report.
P:\TC960114UvIAYOR&C.LTR
� BO �TON � M� N K i N C_
' Discussion
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As a result of this analysis, we have determined that the 100 year peak pond elevation of the
nature area swamp will remain unchanged by the proposed developments. This is primarily due
to two factors:
1.
2.
The Mendota Plaza outflow is mostly relieved prior to the Nature Area peak
outflow.
The significant size of the Dodge Nature Center pond greatly outweighs any
effects the ultimate development of the Mendota Plaza area may create.
In conclusion, we feel that the proposed sedimentation basin modifications, as well as any future
developments of Mendota Plaza, can be constructed with no significant impact on the existing
watershed conditions.
The previous memorandum addressed a maximum pond bounce of 1 inch in the nature area
pond. This was based on runoff volumes with no consideration given to continuous outflow.
Additionally, Mn/Dot has recently forwarded an updated plan showing that the previously
reported 30" CMP culvert serving the area has been improved to a 72" RCP.
Hopefully, this information is complete and in accordance with your expectations. If you have
any questions regarding any of the proposed improvements, we are available for discussion at
your convemence.
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Sincerely yours,
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William Douglass
WRD/wrd
� P:\TC960114UvIAYOR&C.LTR
�Data for I�SNDiY�A PLAZA - 1996 EXISTING CONDITIONS - 1 YR
repared by Bal�an & Menk, Inc.
HvdroCAD 3.20 000763 tc} 1986-1994 Avnlied Microcomputer
Page i
2$ Jul 96
WATERSHED ROUTING _____________________________________________________________
_ __ __ _ _ __ __ _ _ __ _ __ _
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SUBCATCHMENT D REACH
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�ata for I�TDOTA PI.AZA - 1996 B3CISTING CONDITIONS - 1 YR
epared by Bolton & Menk, Inc,
HvdroCAD 3.20 000763 Ec) 1986-i994 A�aplied Mi.cracompute:
Fage 2
28 Jul 96
RUNOFF BY SCS TR-2Q I�'.L`HOD: TYP$ =I 24-HO[1R RAINFALL= 2.3 IN, SCS U.H.
� RUNOFF SPAN = 10-40 HItS, dt= .10 HRS, 301 POINTS
BCAT AREA TC WGT'D PEAK . Tpeak Vt3L
ER (ACRE) (MIN) --GROUND COVERS (�CN)-- CN C (CFS) (HRS) (AF
925.Op 142.2 12�99 10�61 12�;85 3�95 69 - 59.9 14.00 25.68
62�60 - - - . .
29.40 54.7 34�6Q 52�98 14�61 - $Q - 11.4 'l2.55 1.82
�Da�a for M�NDO'TA.PLAZA - 1996 BXISTING CONDITIONS - 1 YR
repared by Bolton & Menk, Inc.
H�vd�oCAD 3.20 000763 (c; 1986-19�plied Microcampute;
�OND OUTLET
NO. DEVICES
1
2
tems
POND RODTING BY S'1'OR-IND M�i`�iOD
START FLOOD PEAK PEAK ----PEAK FLOW---
ELEV. ELEV. ELEV. STORAGE Qin Qout
(FT} (FT) (FT) (AF) (CFS) (CFS)
$29.5 840.0 830.5 20.5Q fi2.4 ?.2
834.0 838.0 832.6 .86 11.4 2.5
Page 3
28 Jul 96
ATTEN. LAG
88 693.5
?8 86.3
�ata for MF.,NDO'.�'A PLAZA - 1996 EXISTING CONDITIONS -'i YR '
epared by Bolton & Menk, Tnc.
xvdroCAD 3.20 000763 tc) 1986-1994 An��slied Microcamt�uter Svstems
suscAsc��rrr � GRB�TSR I��ND()TA NATQRS Ait� WATLRSHED
ACRES CN
115.40 99 MAR.SHLAND
90.00 61 GOLF C�UR5E - TYPE B SOILS
�115.00 85 RESIDENTIAL
30 . 00 95 CLiMMERCIAL
575.00 60 MENDOTA NATURE AREA MEADOW
� 925,00 59
Fage 4
28 Jul 96
SCS TR-20 METHOD
TYPE Si 24-HOUR
RAINFALL= 2.3 IN
PE;AR= 59.9 CFS @ 14.00 iiRS
voz�= a5.�s �
SPAN= 1Q-44 HRS, dt=.1 FIRS
Method Comment Tc tmin)
�r55 SHSBT FLOW BEG € SW i 4 SEC 31 20.6
ass: Short n=,15 L=300' P2=2.8 in s=.0333 '/'
oHALLOW CONC'��i�'TRATSD/IIFLiAND FLOW SLOW �+��4Dt)W SWALE �c SWAMP FLUW 121 .6
Grassed Waterway Kv=15 L=75p0' s=.0047 '/' V=1.03 fps
� Total Length= 780Q ft Total Tc=
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�Data for 1�ND0'TA PLAZA - 1996 gXISTING CONDITIONS - 1 YR
repared by Bolton & Menk, Inc.
HvdroCAD 3.20 000T63 tc) 1986-1994 Annlied Micracamzaute.
S�JBCATCHMENT 1 RUhJOFF
� GRE�RTER MENa�DTA NATURE AREA �JATERSHEa
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5� Tc= 142.� MIN
4� . CN= 69
40
35 SCS TR-�0 METHQD
�� TYPE II 24-HOUR
�� RAINFALL- 2.3 IN
�� PEAK= 59.9 CFS
�� @ �4 NRS
1� U�LIlME- 2� . 68 AF
5
�c��-�o�mn�����cv�t�ooam
e- r +r- r r� � 1�1 l V 1 U 1 V � J � J � J � 1 � J �
TIME Chours�
Page 5
28 Jul 96
ata for I�.NDO'PA PLAZA -
epared by Bolton & Menk,
HvdroCAD 3.20 OOOT63 tc)
1996
Inc.
1986
BXISTING CONDIT=ONS - 1 YR
ied
Page 6
28 Jul 96
SiJBCATCHI��ISNT 2 1996 MEND�)TA PLAZA B,�CISTING CONDITIONS
ACRES CN
10.00 60 UNDEVELOPED MEADOW 8CS TR-20 METHOD
15,00 9$ DEVELOPED TYPE TI 24-HOUR
4.40 61 GREENWAY RAINFALL= 2.3 IN
29.00 $0 PEAK= 1't.� CFS t 92.55 HRS
. VOLUME= 1.$2 AF'
� SPAN= 10-40 iiRS, dt- .1 iiRS
Method Cornment Tc �min)
-55 SHS}3T FLOW B$G 300 NW OF S PLAZA EN'1�ZANCE 50.9
ge n=.13 L=300' P2=2.8 in s=.0026 '/'
CONCE�1TFtATSD%iiPLAND FLUW SWAL$ Z'O BXISTING P{}ND� 3.8
Grassed Waterway Kv=15 L=650' s=.0354 '/' V=2.82 fps
� Total Length= 95Q ft Total Tc= �^54.7
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�Data for MENDOr.CA PLAZA - 1996 EXISTING CONDITIONS - 1 YR
repared by Bal�on & Menk, Inc.
HvdroCAD 3.20 000763 tc) 1986-1994 Applied Microcomputer Svstems
�
SIJ�GAT�NMENT 2 RUNOFF
1996 MENDOTA PLAZA E�I�TIh�G CONaITI�DNS
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1� ARE�= 2� �C
� Tc= 5�.7 MIN
$ c�= �e
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� TYPE II Z4-H�UR
5 RAINFALL= � . 3 I�l
4
3 �EAK= 11.� CFS
2 @ 1�.�5 HRS
UOLi1ME= 1.82 AF
1
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,- r T- .- ,- �tl t�l N CtJ N t''] I'7 f'7 t'1 ("] d'
TIME �hours)
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Page 7
28 Jul 96
�Data for MSNDOTA PLAZA - 1996 EXISTING CONDITIONS - 1 YR
repared by Baltan & Menk, Inc.
droCAD 3.20 000763 c 1986-1994 A lied Microcom ute
POND 1 1�I�NDC?TA NATURE AREA SWAMP/POND
�TARTING ELEV= 829,5 FT
FL40D ELEV= 84Q.0 FT
� ELEVATION CON.AREA INC.STOR CUM.STOR
(FT} (AC) {�'� i�')
sa9.s o.oa o.00 o.00
� 830.0 .20 .03 ,03
$32.0 1"12.OQ 77,96 77.99
844.0 '!'15,40 947.97 985.96
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ERT FT
829.5
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� $29.5
831 . 5
833.5
835.5
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839 , 5
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28 Jul 95
STOR-IND METHOD
PEAK ELEVATif3N= 830.5 FT
PEAK STORAGE = 20.50 AF
Qin = 62 . 4 CFS C 1�I , 00 �iRS
Qout= 7.2 CFS @ 25.56 HRS
ATTEN= 88 � LAG= 693.5 MIN
IN/OUT= 26.92 / 13.07 AF
SPAN= 1p-40 IiRS, dt=.1 HRS
n=.012 L=300' S=.002'/' Ke=.5 Cc=.9 Cd=.6 TW=829.5'
TOTAL DISGHARGE (GFS) vs ELEVATIpN
0.0 .2 .4 .6 -�.8 7.0 1.2 1.4 1.6 1.8
0.0 .1 .$ 2.1 4.3 6.8 9.8 13.4 17.4 22.0
2b.9 32.3 38.i 44.2 50.? 57.6 54.8 72.2 79.9 87.9
96.1 '104.4 113.0 121.7 130.5 139.4 148.3 157.3 166.2 175.1
183.9 192.5 200.9 209.1 216.9 224.3 231.1 23T.2 242.4 246.0
244.9 254.2 263.1 271.7 280.1 288.2 296.1 303-.$ 311.3 318.6
325.$ 332.8 339.7 346.4
�Data for- 1�NDOTA PLAZA - 1'996 S7CISTING CONDITIONS - 1 YR
repared by Bolton & Menk, Inc.
HvdroCAD 3.20 000763 _(c) 1986-1994 Applied Microcompute
PONa 1 INFLOIJ & OUTFLDLJ
� MENQOTA NATURE AREA S�JAMP/PONa
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60
55 STOR-IND METHOD
5� PEAK ELEU= 830.5 FT
q5 PEAK STOR= 20.5� AF
40 = S
35 Qin 6�.4 CF
0 �out= 7.2 CFS
3 LAG= 693.5 MIN
�5
Ze
15
10
5 �
`� N d' lD � m N� lD �� N'd' tQ 00 m
r r r r r � � N � N' J 1 J' J t! , J �
TIME Chours)
Page 9
28 Jul 96
ta for MLrND(Y.PA FLAZA - 1996 EXISTING CONDITIONS - 1 YR
pared by Baltan & Menk, Inc.
roCAD 3.20 000763 tc) 1986-1994 Ar�oiied Microcomtaute;
2
EXISTING I�NIiO'PA PLAZA SEDIMBNT'ATION POND
TAR.TING ELEV= 830.0 FT
FLOOD ELEV= 838.4 FT
ELEVATION CON.AREA TNC.STOR
{FT} {AC} {AF}
830.0 .1p 0.00
831.0 .24 .'i6
836.4 .64 2.12
838.0 .84 9.48
: , t
FEET
830.0
831 .0
832.0
833.0
834.0
835.0
83b.8
837.0
83$.0
CUM. STOR STOR--IND METHOD
�p,F'} _ PEAK ELEVATZCIN=
0.00 PEAK STORAGE _
.16 Q�.n = 11.4 CFS �
2.28 Qout= 2.5 CFS @
3.T6 ATTEN= 78 � LAG=
� =NIouT= �.sa I
SPAN= 10-40 HRS,
n=.012 L=1Q0' S=.002'/' Ke=.S Cc=.9
20' BROAD-CRESZ?�D RBCTANGUI.AR WSIR
Q=C L H'"1.5 C=2.8, 3.17, 3.45, 0, 0, 0,
TOTAL DISCHARGE (CES} vs ELEVATION
Gd=.6 TW=832'
0, 0
. Page 10
28 Jul 96
$32.5 FT
.86 AF
12 , 55 xRs
13.98 HRS
86.9 MIN
1.23 AF
dt=.1 HRS
0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9
0.0 0.0 0.0 0.0 Q.0 0.0 0.0 0.0 0.0 4.0
Q.0 Q.0 0.4 U.0 0.4 O.Q 4.0 O.Q O.fl 0.0
O.p 1.Q 1.4 1.7 2,0 2.2 2.4 2.6 2.8 2.9
3.'! 3:2 3.4 3.5 3.7 3.8 3.9 4.0 4.1 4.3
4.4 4.5 4.6 4.7 4.8 �.9 5.0 5.i 5.2 5.3
5.4 5.4 5.5 5.6 5,7 5.8 5.9 5.9 6.0 6.1
6.2 8.0 11.3 i5.6 20.7 26.4 33.3 41.2 50.0 59,7
70.3 81.4 93.3 106.1 119.6 134.0 147.0 160.3 174.1 188.2
202.7
�a�.a for ME.NDOTA PLAZA - 1996 EXISTING CONDITIONS - 1 YR
repared by Bolton & Menk, Inc.
H�ydraCAD 3.20 000763 (c) 1986-1994 Applied Micracomputer
PONa � INFLOI� & QUTFLD�J
�
EXISTTNG MENaDTA PLAZA SEDIMENTATI�f� P�Na
�
�
❑
�
�
LJ
�
�
�
��
�
�
11
1� ST�R-IND METHOa
� PEAK E�EU= 8��.6 FT
8 PEAK STOR= .�� AF
� Qin= 11.4 CFS
6 Qout= 2.5 CFS
5 LAG= 86.1 MI�(
4
3 �
2 �
1 ' .
�
� t� �- �o �o � c� �t �D �o m �v �- co � m
,- � ,- .- ,- N (�! N �1J (V trl I'7 f'7 �''l t"'7i �'
TIME Chours�
Page 11
28 Jul 96
�Data fo= ME?�iDOTA PLAZA - 1996 EXISTING CONDIT=ONS - 108YR
repared by Bolton & Menk, inc.
xvdroCAD 3.20 000763 tc) 1986--1994 Ac►nlied Microcamtauter S
WATERSHED RQUTING
'
�
�
�
�
�
�
�
�
l_ i
C
�
� �
'
SUBCATCHMENT � REACH
,
�
�
LJ
Cl
�Por�a �tr�K ,
Page 1
28 Jul. 96
�Data for i+�[�TDOTA PLAZA - 1996 $XISTING CONDITIONS = 108YR
repared by Bolton & Menk, 2nc.
HvdroCAD 3.20 OOt}763 te) 1986-1994 At�plied Microc�mvuter
Page 2
2$ Jul 96
tems
RiJNOFF BY SCS '1'R-20 NIE'i'HOD; TYP$ =I 24-AOUR RAINFALL= 5.9 IN, SCS U.H.
RUNOFF SPAN = 10-40 iIIZS, dt= .10 i�tS, 301 POTNTS
,T AREA TC WGT'' D PEAK Tpeak VtJL
�R (ACRE) (MIN) --GROUND COV'ERS ($CN)-- CNi C (CFS) (HRS) (AF
925.Q0 142.2 12$99 "10$61 12�85 3$95 69� - 659.1 13.69 203.08
62�60 - -
29. Ot? 54. ? 34�64 52�9$ � 4�;6i - 8C► - 61 .1 12. 50 8. 78
�Data for M�NDOTA PLAZA - 1996 EXISTING CONDITIONS - 100YR
repared by Balton & Menk, Inc.
IiydroCAD 3.20 000763 (c) 1986-1994 Applied Micrac+amputer
''OND OUTLET
NO. DEVICES
�
2
POND ROUTING BY STOR-IND MTsTHOD
START FLOOD PEAK PEAK ---PEAK FLOW---
ELEV. ELEY. ELEV. STORAGE Qin Qout
(FT) fFT) (FT} �,�} '{CFS} {CFS}
sag.� s�o,a s�a.� �sa.�4 ���.� �s.1
830.0 838.0 836.8 2.86 6'i.1 48.5
Fage 3
28 Jul 96
ATTEN. LAG
�� ��� . s
21 17.9
�Da�a for ML�NDa'PA PLAZA - 1996 SXISTING (:ONDITIONS - 100YR
repared by Bolton & Menk, inc.
HvdroCAD 3.20 000'Tfi3 {c} 1986-1994 App].ied Mi.crocamputer
sclsr.�,�cxr�rrr 1
ACRES CN
115,00 99
9o.oa s�
•'115.00 85
30.00 9�
575.00 60
� 925.U0 69
'.�' I A1 1• 'vl' 1:'i I
MARSHLAND
GOLF CUURSE - TYPE B SOILS
RESIDENTIAL
car�Re��
MENDOTA NATURE AREA MEADOW
Page 4
2$ Jul 96
�CS TR-20 METHOD
�pE rz 24-xouR
RAINFALL= 5.9 IN
PEAK= 559.1 CFS @ 13.69 HRS
VOLUME= 203.08 AF
SPAN= 10-44 �IRS, dt=.1 IiRS
-55 SHBST FLOW BBG @ SW iJ4 Sl3C 31
rass: Short n=.15 L=300' P2=2.8 in s=.0333 '/'
HALLOW CONGSNTIEtATED jIIPLAI+TD FLt3W sr,ow �nr�now sw� � sw� �ow
Grassed Waterway Kv=15 L=7500' s=.Oq47 '/' V=1.03 fps
Tc min
zo.6
121 .6
� Total Length= 7800 ft Total Tc= `142.2 r
�
�
�
�
!J
�
LJ
�
�
�
�
�Data'for MENDOTA PLAZA - 1996 $XISTING CONDITIONS - 100YR Page 5
repared by Bolton & Menk, Inc. 28 Jul 96
HvdroCAD 3.20 000763 (_c) 1986-1994 Applied Microcomputer Systems
SUBCATCHMENT 1 RUNOFF
� GREATER MENaQTA NATURE AREA �JATERSHEa
1 650
' 6�� � AREA= 925 AC
55� Tc= 142.� MIN
� 500 Cf�= 69
q�0
� q�� SCS TR-20 METHOa
� 350 TYPE II �4-HOUR
300 RAINFALL= 5.9 IN
� 250
J 200 PEAK= 659.1 CFS
� 150 @ 13.69 H�S
� 100 UDLUME= 203.08 �F
50
' A J
`� N d' t0 CQ m N d' tD �� N �t tD OD m
r r r r r � � N � � � � � � � �
�
�
TIME Chours)
�
�
�
�
�
�Data for I�iDO'TA PLAZA - 1996 RXISTING CONDITIONS - 100YR.
repared by Bolton & Menk, Inc.
HvdroCAD 3.20 OOO7fi3 {cl 1986-1994 Applied Microcamtauter
SUBC"„l�Z'CHN�I`r 2 1996 MENLlO'PA PLAZA B�XISTING CONDITIONS
ACRES CN
9Q.40 60 UNDEVELOPED MEADOW
15.OQ 9$ DEVELQPED
4.Op 61 GREENWAY
�9.0o sa �
-55 SHEET FLOW
ange n=.13 L=3Q0' P2=2.8 in
HAI�..'Gt}W CONQ�NT.lt1�TBDJIIPLAND FZt�W
Grassed Waterway Kv=15 L=65p'
�
�
�
'
�
�
�
�
�
,
�
�
�
'Page 6
28 Ju1 96
SCS TR-20 METHOD �
TYPE II 24-FIOUR
RAINFALL= 5.9 IN
PEAK= fi 1.'C CFS @ 3 2. 5 0 IiRS
VOLUME= 8.78 AF
SPAN= '! 0-40 HRS, dt= .1 FiRS
BSG 300' NW OF S PLAZA E
s=.0026 '/'
SWAI.E T{} EXISTING POND�
s=.0354 '/' V=2.$2 fps
Total Length= 950 ft
�
3.8
Total Tc= 54.7
�Data for MEt1ll0'PA PLAZA - 1996 BXISTING CONDITIONS - 1�OOYR.
repared by Bolton & Menk, Inc.
HvdraCAD 3.20 000763 tc) 1986-1994 Applied Microcomnuter
SUBCATCHME�lT 2 RUNOFF �
� 1�9� MENaQTA PLAZA EXI�TING CDNaITIONS
��
�
�
�
�
�
�i
�
�
�
�
60
�5 AREA= 2g �C
5� Tc= 5�.7 MIN
45 . c�= se
4e
�� SC� TR-20 METNO�
�B TYPE II 24-HOUR
�� R�INFpLL= 5.9 IN
�� PEAK= 61.1 CFS
15 @ 12.5 H�5
1 � UOLI�ME- 8.18 AF
�
`�l N d' �Q CO E� N�t cD �0 C� N'� �I � m
�-- ,- �.- •�-- tU (�! N l�J t1J I� IT] trl t''! t'7 d'
TIME �hours)
Page 7
2$ Jul 96
�Data for 1�?'NDO'PA PLAZA - 1996 B.XISTING CONDITi(3NS - 100YR
repared by Bolton & Menk, Ine.
xvdroCAD 3.20 U00763 tc) 'i986-1994 Applied Microcamputer
POND 1
�;TARTING ELEV= 829.5 FT
FL40D ELEV= 840.0 FT
IVIt�\I�.M�I � K 11 ; VI' {� �,�1,
� ELEVATION CON.AREA TNC.STOR CUM.STOR
{FT) {AC} {AF} {p,F)
829.5 0.00 0.00 0.00
� 834.0 .20 .43 .43
832.0 112.00 77.96 77.99
84Q.Q 115.00 9Q7.97 985.96
�
INVERT
$29.
� FEET
829.5
� 831 .5
833.5
835.5
� 837.5
839.5
�
�
�
�
�
'
�
�
��
�
Page 8
28 Jul 96
STOR-IND METHOD
PEAK ELEVATION= 832.? FT
PEAK STORAGE = 152.14 AF
Qin = 675.6 CFS @ 13.6$ i�RS
QOut= 63.i CFS @ 21,87 HRS
ATTEN= 91 $ LAG= 491.5 MIN
IN/ClUT= 2i 1. 2$ /'t 22 .12 AF
SPAN= 10-40 HRS, dt=.1 HRS
n=.012 L=300' S=.002'/' Ke=.S CC=.9 Cd=.6 TW=829.5'
TOTAL DISCHARGE (GFS) vs ELEVATION
0.0 .2 .�4 .6 .8 1.0 1.2 i.4 1.6 1.8
0.0 .1 .8 2.1 4.3 6.8 9.8 13.4 17.4 22.0
26.9 32.3 3$,1 44.2 50.T 57.fi 64.8 ?2.2 79.9 8?.9
96.1 104.4 113.0 121.7 130.5 139.4 148.3 157.3 166.2 175.1
183.9 192.5' 200.9 2Q9.'1 29fi.9 224.3 231.1 237.2 242.4 246.0
244.9 254.2 263.1 271.7 280.1 288.2 296.1 303.8 311.3 318.6
325.8 332.8 339.7 346.4
�Data for 1�NDOTA PLAZA - 1996 E7CISTING C'ANDITIONS - 7 OOYR Page 9.
repared by Bolton & Menk, Inc. 28 Jul 96
HvdroCAD 3.20 000763 (c) 1986-1994 Applied Microcomputer Systems
POND 1 INFLO�J & OUTFLO�J
� MENaOTA NATURE AREA S�JAMP/P�Na
1
650
� 6gg STOR-IND METHQD
550 PEAK ELEU= 832.7 FT
� �00 PEAK STOR= 152.14 AF
� � 450
c� q00 Qin= 675.6 CFS
`� 350 Qout= 63.1 CFS .
3 360 LAG= 491.5 MIN
�0 250 �
� 200 _
�
150
� 1ee
50 ;�
�
� N�' tQ � m N d' tD �� N� tD �D m
� e- r r r- 1 til 1 V 1 V ` V N � J � J � J � 1 � J �
��
� T�I ME Chours ) � .,
�
�
��
�
`�.
.
Da�a for MSNDOTA PLAZA -
repared by Balton & Menk,
HvdroCAD 3.2t3 000763 tc)
POND 2
�STARTING ELEV= $3Q.0 FT
FL40D ELEV= $38.4 FT
1996 EXISTING CONDITIONS - 100YR
Inc,
4 Applied Micracamx�uter S
SXISTING MBNDOTA PLAZA SSDIMBNTATICIN POND
� ELEVATION CON.AREA INC.STOR CUM.STOR
{FTi �AC} {AF) {A�'3
830.0 .10 0.00 O.OQ
� 831 .0 .24 .16 .16
836.0 .64 2.12 2.28
$38,0 .84 1.48 3.76
� yl
INVERT (FT
Page 10
28 Jul 95
STOR-IND METHOD
PEAK ELEVATION= 836.8 FT
PEAK STORAGE = 2.86 AF
Qin = 61.1 CFS @ 12.50 HRS
Qout= 48.5 CFS @ 12.8Q HRS
AT'PEN= 21 � LAG= 3?.9 MIN
IN/OUT= $.78 / 8.20 AF
SPAN= 10-40 HRS, dt=.1 HRS
830.0 12" CULVBRT
n=.012 L=100' S=.002'/' Ke=.S Cc=.9
836.4 24' BR4AD-{�2ESTED RECTANGUL'AR WRIR '
Q=C L H"1.5 C=2.8, 3.17, 3.45, 0, 0, 0,
FEET
830.0
ss�.o
s�a.o
833.0
834.0
835.0
836.0
837.0
83$.4
TOTAL DISCHARGE (CFS) vs ELEVATIpN
Cd=.6 TW=832'
0, 0
0.0 .1 .2 .3 .4 .5 .6 .? ,8 .9
o.o o.a o.o a.o o.o o.o o.o o.a o.o o.o
o.o o.� a,a o.o o,a o.o o.a o.o o.o o.o
O.p 1.0 1.4 1.7 2.0 . 2.2 2.4 2.6 2.8 2.9
3.1 3.2 3.4 3.5 3.7 3.8 3.9 4.0 4..1 4.3
4.4 4.5 4.6 4.7 4.8 4.9 5.0 5.1 5.2 5.3
5.4 5.4 5.5 5.6 5.7 5.8 5.9 5.9 6.0 6.1
6.2 8.0 '{1.3 i5.5 20,7 26.4 33.3 �E1.2 50.0 59.7
70.3 $1.4 93.3 106.1 119.6 134.0 147.0 160.3 174.'1 18$.2
202.7
.
�Data for NII�.'NDOTA PLAZA - 1996 E]CISTING CONDITIONS - 140YR.
repared by Bolton & Menk, Inc.
xvdroCAD 3.20 000763 (c} 1986-1994 Applied Microcom�auter
PONa � INFLQ�1 & OUTFLQIJ
� EXISTING MEhJaDTA PLAZA SEDIMENTATI�N PONa
�
�
�
�
�
�
�
�
�
�
0
�
�
��
�� � � � �TOR-IND i�ETNOa
5e , PEAK ELEu= �3�.8 FT
4� � PEAK STQR= �.�� AF
_
4� '
�
3� � (� i n= 61.1 CFS
i
� Qout= 48.5 CFS
�e � _
�� L�1G- 17.9 MI�1
�
_
;�
�0 €
15 . �. _{
�� # i
€ :
1 '
�
J
r
i
`� N tifi tD {�} Q� N d' tD �� N d' �0 0� �
r r ,�- .- .- N(V N f�J N�"7 �7 I�7 trl Irl d'
TIME �hours)
Page 11
28 Jul 96
�ata for I�iDOTA PI.AZA - 1996 PROPOS$D CONDITIONS - 1 YR
epared by Bolton & Menk, Inc.
xvdraCAD 3.20 000763 tc) 1986-1994 Ap�lied Mieracomnute;
Page 1
28 Jul 96
a� �
WATERSHED ROUTING ------------------------------_---___-__--__-___--_--__--__--__
__ _ _ ___ __ __ ___ ___ __ _ __ _ __ __ __ __
�� .
�,
�
�
�
�
��
SUBCATCHMENT � REACH
�
�
�
�
�
�'1 F
:
�Data far 1��t�iDO'TA PLAZA - 1996 PROFOSEU CONDITIONS - 1 YR
repared by Bolton & Menk, Tnc.
HvdroCAD 3.20 000763 tc� 1986-1994 At�plied Microcompute;
�
Fage 2
28 Jul 96
RIINOFF BY SCS TR-20 MB'I"IiOD: TYP$ =I 24-HQUR RAINE'ALL= 2.3 IN, SCS U,H.
RUNOFF SP.AN = 10-40 HiLS, dt= .10 HRS, 30i POINTS
T AREA Tc WGT'D PEAK Tpeak VaL
R (ACRE) (MIN) --GROUND COVERS (�CN)--- CN C (CFS) (HRS) (AF
925.00 142.2 12�k99 10�61 12$85 3�95 69 - 59.9 14.00 25.68
fi2�60 - - .-
29.OQ 18.8 9U�98 "l0�61 -- - 94 - 52.9 12,05 3.87
�ata for 1�NDOTA PLAZA - 1996 PROPOS$D CONDITIONS -'i YR
epared by Bolton & Menk, Inc.
HvdroCAD 3.24 UQOTfi3 {c} 1986-i994 Applied Microcompute:
.�JND OUTLET
"'Y+tO. DEVICES
1
3
POND R(30TING BY STOR-ZND MBTHOD
START FLOOD PEAK PEAK ---PEAK FLOW----
ELEV. ELEV. ELEV. STORAGE Qin Qout
(FT} (FT) (�'T) (AF') (CFS} {CFS}
829.5 840.0 830.6 22.22 62.6 7.9
830.0 84Q.0 833.6 .32 52.9 45.6
Page 3
28 Jul 96
ATTEN. LAG
87 684,6
'14 4.9
�Data for 1�3ND0'.PA PLAZA - 1996 PROFOSSD CONDITZONS - 1 YR
repared by Bolton & Menk, Inc.
_HvdraCAD 3.20 000763 (c) 1986-1994 Applied Microcompute.
SUB�ATCHMBNT 1
ACRES CN
115.40 99
��o.00 s�
1i5,00 $5
- 30.00 95
575.00 60
� 925 . fl0 69
tems
4y' ' :�' I.� 1 � .i' 1".� �
MARSHLAND
GOLF COURSE - TYPE B SOILS
x�siD�rrri�
CONlMERCIAL
MENDOTA NATURE AREA MEADOW
Page 4
28 Jul 96
SCS TR-20 METHOD
2'YPE II 24-HOUR
RAINFALL= 2.3 IN
PEAK= 59.9 CFS � 14.OQ iiR5
VOLUME= 25.68 AF
SPAN= 10-40 HRS, dt=.9 HRS
Method Comment
55 SHSET' FLOW BBG @ SW 1 4 SSC 3i
� Grass: Short n=.15 L=300' P2=2.$ in s=.0333 '/'
SH�,.LLOW CONC��I�i'i'RATSDIOP��AND FLOW SLt3W �+��i4D0'W SWALB � SWAMP FZOW
Grassed Waterway Kv=15 L=7500' s=.OQ47 '/' V=1.03 fps
�min
20.6
121 .6
� Tatal Length= 780Q ft Total Tc= ^^142,2 �
�
�
�
�Data for MENDOTA PLAZA - 1996 PROPOSED CONDITIONS - 1 YR
repared by Bolton & Menk, Inc.
xvdroCAD 3.20 000763 (c) 1986-1994 A plied Microcompute
SUBCATCHMENT 1 RUNOFF
� E MENaQTA NATURE AREA �JATERSHEa
GREAT R
�
i
�
�
�
,
�
�
�
�
%
�
60 �
�5 AREA= 925 AC
5e Tc= 14Z.� MIN
g5 CN= 69
q0
35 SCS TR-20 METHOD
30 TYPE II �4-HOUR
�5 RAINFALL= 2.3 IN
�0 PEAK= 59.9 CFS
15 � 14 HRS
10 110LUME= 25.68 AF
5
`� N�' �0 CO m tU d' �D �� N d' tD 00 m
r r r r- r 1�1 1�1 IU �'L � J � J � J � 1 � J V
TIME ChourS�
tems
Page 5
28 Jul 96
�Data for MPtVDOTA PLAZA - 1996 PROPOSSD CONDIT�ONS - 1 YR
repared by Bolton & Menk, Inc.
_HvdroCAD 3.20 000763 (c) 1986-1994 Applied Microcom�ute:
SUBCATCi��i`P 2
PERCENT CN
90.00 98
10.00 61
�oa.00 �4
ME'sTiDO'PA PLAZA ULT'i1KA'Z'B CONDITIONS
ULTIMATE IMPERVIOUS
GREENWAY
TOTAL AREA = 29.00 AC
� Page 6
2$ Jul 96
SCS TR-20 METiiOD
TYPE II 24-HOUR
RAINFALL= 2.3 IN
PEAK= 52.9 CFS @ 12.Ofi iiRS
VOLUME= 3.87 AF
� SPAN= i0-4fl IIRS, dt=.1 HRS
Method Comment Tc (min}
�IRECT ENTRY PREVIOUSLY SDBMITTSD CALCUI,ATION 1$.8
�
�
�
�
�
�
0
�
0
�_�
�
L_!
�
50
q5
4U
3�
3e
2�
20
f5
10
�
� � � �
!
�� � � • � • ! � ! �
� ' � !� 1
.t
• i
.,
SCS TR-20 METNOa
TYPE II 24-N�UR
RAINFALL= 2.3 IN
� i �
�, •
� : i
/ .��....
i� � r rf ►� � � �i a � � �r ►�
� �
TIME Chours)
Data for 1�'NDOTA PLAZA -
repared by Balton & Menk
droCAD 3.20 000763 c
POND 1
�TARTING ELEV= $29.5 FT
FLQOD ELEV= 840.0 FT
1996 PROPOSED CONDITIONS - 1 YR
Inc. ,
1986-1994 Applied Microcompute;
i�� � � i• � • �
� ELEVATI4N CON.AREA INC.STOR CUM.STOR
(FT) {AC} {�'} {pig}
829.5 0.00 O.pO O.Oq
� 8�a.o .aa .a� .a�
832.0 112.00 77.96 77.99
840.0 '115.40 947.97 985.96
�
ERT (FT
829.5
�
FEET
� sz�.s
831.5
833.5
- 835.5
� 837.5
839.5
�
� �F
�
�
.�
�
�
�
�
STOR-IND METHOD
PEAK ELEYATION=
PEAK STORAGE _
Q3.n = fi2.5 CFS
Qout= 7.9 CFS
ATTEN= $7 � LAG=
IN/OL1T= 29.52 /
SPAN= 10-40 HRS,
Page 7
28 Jul 96
$30.6 FT
22 . 22 .AF
'i3.98 HRS
25.39 HRS
5$4.6 MIN
14.53 AF
dt=.1 HRS
72" CULVSRT
n=.012 L=3Q0' S=.002'/' �e=.5 Cc=.9 Cd=.6 TW=829.5'
TOTAL DISCHARGE (CFS) vs EI,EVATION
0.0 .2 .� .6 .$ 1.0 1.2 'f.4 1.6 1.8
0.0 .1 .8 2.1 4.3 6.$ 9.8 13.4 17.4 22.0
26.9 32.3 38.1 44.2 50.? 57.6 fi4.8 T2.2 T9.9 8T.9
96.1 104.4 113.0 121.7 130.5 139.4 148.3 157.3 166.2 175.1
183.9 192.5 204.9 209.i 216.9 224.3 231.1 23T.2 242.4 246,4
244.9 254.2 2f 3.1 271.7 280,1 288.2 296.1 3p3.$ 311.3 318.6
325.8 332.$ 339.7 346.4 •
�ata for MENDOTA PLAZA - 1996 PRQPOSBD {ANDITIaNS -.1 YR
repared by Boltan � Menk, Inc.
,$ydro_CAD _3.20_ 000753 (c} 1986-1994 Applied Micracomi�ute:
!L
�� ■ � i � i
f� • • � �• � � � �� �
��
�5 �TflR-IND METHOD
�p PEA�K ELE�= �30.6 FT
45 PEAK ST�R= 2�,22 AF
�0
3� Qin= 6�.6 CF�
3� Qout= 7.9 CF�
�� LA�= 684.6 MIi�
�0
15
10
5
��V d' t0 �Q �l N d' 4D (� �4 N d' lQ � t9
t- r r- r �- � � t tiJ t�i i�t + 1 �! � J � � J �
TIME Chaur��
Page 8
28 Jul 96
�Data for 1�ND0"r,A PLAZA - 1996 PROPOS$D CONDITIONS - 1 YR
repared by Bolton & Menk, Inc.
,,�ydraCAD 3.20 000763 (c) 1986-1994 Applied Microcompute
POND 2
�TARTTNG ELEV= $30.0 FT
FL40D ELEV= 840.4 FT
• ti � w ci �.� r ca �:a i ca • �• �
�ELEVATION CON.AREA INC.STOR CUM.STOR
�FTj {SF} {CF} CF}
aso.a 706 0 0
�83'i . fl 3000 1?20 9 T2p
833.Q 5250 8146 9866
835.0 8340 13434 23300
�836.Q 1Q000 9137 32437
838.0 138Q0 23598 56135
840.0 18000 31�07 878�2
�
�
�
�
�
�
C
�
�
�
Iiif VERT
Page 9
28 Jul 96
STOR-IND METHOD
PEAK ELEVATIC}N= $33.5 FT
PEAK STORAGE = 13$31 CF
Qin = 52.9 CFS @ 12,06 IiRS
Qout= 45.6 CFS @ 12.14 HRS
ATTEN= i4 $ LAG= 4.9 MIN
INIDUT= 3.87 / 3.83 AF
SPAN= 10-40 HRS, dt=.1 HRS
V J V A V Y V 1✓Va/ �.w:�a�i
n= . 012 L=1 fl0' S= . 042' /' iCe= , 5 Cc= . 9
$36.0 20' BROAD-CRSSTSD RBCTANG[R�AR WBIR
Q=C L H"'1.5 C=2.8, 3.1?, 3.45, 0, 0, 0,
8 3 8. 0 12" CiTLVBRT
n=.012 L=1p0' S=.002'/' Ke=.5 Cc=.9
FEET
830.0
831.0
832.0
833.0
834.0
835.0
836.0
83?.0
838.0
839.0
8�0.0
TOTAL DISCHARGE (CFS) vs ELEVATION
Cd=.S TW=831'
0, 0
Cd=.6 TW=831'
0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9
" 0.0 0.0 Q.0 0.0 0.0 O.Q 0.0 Q.0 4.0 0.0
0.0 3.4 5.4 �.4 9.2 11.2 13.3 14.8 16.3 17.8
19.4 21.0 22.6 24.3 25.9 27»6 29.3 31.0 32.7 34.3
36.0 37.6 39.2 40.8 �€2.3 �3.7 45.0 46.2 47.3 4$.1
48.1 49.9 51.7 53.4 55,0 56.6 58.2 59.7 61.2 62.6
64.0 65.4 65.8 68.1 69.4 70.? 71.9 ?3.1 ?4.3 75.5
76.7 79.6 84.0 89.3 95.4 102.1 110.1 119.Q 128.7 139.4
15U.8 162.6 i75.2 188.5 202.9 218.Q 239.6 245.? 260.1 274.9
290.1 305.6 321.5 337.7 354.3 371.2 388.4 4q6.q 423.8 442.0
460.4 4?9.2 498.2 517.6 537.2 557.0 577.2 597.6 618.3 639.3
660.5
�Data-for �[JDOTA PLAZA - 1996 PROPOSED CONDITIONS - 1 YR
repared by Bolton & Menk, Inc.
HydroCAD 3.20 000763 (c) 1986-1994 Applied MicrocomQute:
PONa 2 INFLOLJ & OUTFLO�J
� REaUCED EXISTING SEaEMENTATION POND
,
t
�
J
�
�
�
'
�
i
�
�
�
t
50
q5 STOR-IND METHOD
PEAK ELEU= 833.6 FT
40 PEAK STOR= 13831 CF
35
30 t� i n= 52 . 9 CFS
5 Qout= q5.6 CFS
Z LAG= 4.9 MIN
20
15 �
10
5
�
N� tD �� N d' �D �0 � N d' tD 00 m
r r r r- r N � N � N , J ' J � J '! � i �
TIME Chours)
tems
Page 10
28 Jul 96
�ata for MEL�TDOTA PLAZA - 1996 PROPOSEU CONDITIONS - 10 YR. Page 1
epared by Boltan & Menk, inc. 28 Jul 96
H droCAD 3.20 008763 c 1986-i994 A lied Mi.crocom uter S:�tems
,
WATERSHED ROUTINC ________________--__--==�a=�M==__=_=___--__?-_---__-__-_______
� �
1 �
1 � �
�
� �
�
� ,�
;
1 �
a
�
1 '
,
1 � �
! �
� '
;
. ,.
1 �
aUBCATCHMENT REACH �POND LiNK �
� -
�
,
i ��
� ;.
� �
� i .
�Data for MSNDOTA PLAZA - 1996 PROPOSEU CONDITIQNS - 10 YR � Page 2
repared by Bolton & Menk, Inc. 28 Jul 96
H droCAD 3.20 000763 c 1986-1994 A lied Microcom uter S;stems
RONOFF BY SCS 'Z'R-20 ME'I"HOD: TYP$ II 24-HOUR RAINF�I.L= 4..1 IN, SCS U.H.
i �
RIINOFF SPAN = 10-40 ffitS, dt= .10 iII2S, 301 POINTS
UBCAT AREA Tc WGT'D PEAK Tpeak VOL
ER (ACRE) (MIN) --GROUND COV'ERS ($CN)-- CN C (CFS) (HRS) (,AF)
��
1 925.00 142.2 12�99 10�61 12�$5 3�95 69 - 31��'2.5 13.73 102.68
�a�so - - -
29.00 18.8 94$98 10�6i - - 94
e
;
,
;
;
0
12.Q6 7.62
�Data far I�NDOTA PLAZA - 1996 PROPOS�► CONDITIONS - 10 YR Page 3
repared by Balton & Menk, Snc. . 28 Jul 96
droCAD 3.20 008763 (c) 1986-1994 A lied Microcom uter S'stems
h
' PQND RO�`PING BY ST'OR-IND MBTI�OD
�'OND OUTLET START FLOOD PEAK PEAK ---PEAK FLOGjI---
NO. DEVICES ELEV. ELEV. ELEV. STaRAGE Qin QC►ut AT°I'EN. LAG
/ TZ!!� � i Tf� 1 i T!!f 1 f 1 T� . i A!1!"! 1 i t\Y'1!4 1 / 6. i / sr��� t
1
3
829.5 8�0.8 831.9
830 ,{3 840 . 0 83fi . 2
?6.23
.80
318.2
104.1
�
9
t
i
�
�
:t8.9
i34.6
88 450.4
19 T.2
�Data for MENDO'PA'FLAZA - 1996 PROP4SED CONDITIONS - 10 YR
repared by Bolton & Menk, Inc.
FIvdraCAi) 3,20 000763 {c} 1986-1�34 Applied Microcamputer
SUBCATCHMEN'P 1
ACRES CN
115.40 99
90.00 6i
�115.00 $5
30.00 95
57s.oa �o
■ 925.00 69
M`' :�' I:� I � L�' I:i I
MARSHLAND
GOLF GOURSE - TYPE B SOILS
RESIDENTIAL
COMMERCIAL
MENDOTA NATURE AREA MEADOW
Page 4
28 Jul 96
SCS TR-20 METHOD
TYPE II 24-HC}UR
RAINFALL= 4.1 IN
PEAIt= 3i 2. 5 CFS C� 13 . 73 HRS
VOLUME= 102.68 AF
SPAN= 34-40 HRS, dt=.1 HRS
Niethad Comment
-55 SHEET FLOW BEG @ SW 1 4 SBC 3'1
rass: Shor� n=.15 L=300' P2=2.8 in s=.0333 '/'
HAi,7�OW CON{:ENTItAT$D%UP��ANID FLOW SLCiW MF3ADQW SWALL � SWAMP FLUW
Grassed Waterway Kv=15 L=7500' s=.0047 '/' V=1.03 fps
� Total Length= 7800 ft Total Tc=
�
�
�
�
,
�
LJ
�
C
�
�
a
i
121 .6
142,2
�Data for i�NDOTA PLAZA - 1996 PROPOSED (:ONDITIONS - 10 YR ' Page 5.
repared by Bolton & Menk, Inc. 28 Jul 96
'HvdroCAD 3.20 000763 (c) 1986-1994 Applied Microcomputer Systems
SUBCATCHMENT 1 RUNOFF
� GRERTER MENaDTA NATURE AREA LJATERSHEa
�
300
1 280 . AREA= 925 AC
260 Tc= 142.� MIN
� 240 CN= 69
��0
r ze0
�- 180 SCS TR-20 METHOa
� 160 TYPE II �4-HOUR
iq0 RAINFALL= 4.1 IN
� 1�0
� 100 _ PEAK= 312.5 CFS
� $0 @ 13.73 HRS
60 UaLUME= 102.68 AF
� q0
20
' �N�tDCOmNd'ID�mN�tt00Dm
r r r e- r � � N � � � � � � � �
'
� TIME Chours)
�
�
�
�
�
�
�7ata for N�NT)OTA PLAZA - 1996 PROPCMS$D CONDITiONS - 10 YR
Prepared by Bolton & Menkl Inc.
'I3.vdroCAD 3.20 000763 tc) 1986-1994 Applied Microcomputer
Si1BCATCi�++lI3NT 2
PERCENT CN
90.00 98
10.00 61
144.00 94
MF�NDO'PA PLAZA OLTIMA'TS CONDITIONS
ULTIMATE IMPERVIOUS
GREENWAY
TOTAL AREA = 29.p0 AG
Page 6
28 Jul 96
SCS TR-2Q METHOD
TYPE 22 24-FiQUR
RAINFALL= 4.1 IN
PE�AK= 104 ,1 CFS @ 12 . 46 HRS
VQLUME= 7.62 AE'
' SPAN= 3 0-40 iiRS, dt= .1 FIRS
Method Co�ment Tc (min)
�RECT $NTRY PRis'VIOUSLY SUBMITPBD CALCULATION 1$.$
� ♦f
•
i
�
%
C'
C
�
�
� � � �
f
il���� � !E 1'"
� �-'
ll f t il ii
tV �
(�1 N
AREA= �9 AC
Tc= 18.8 MIN
CN= 9�
SCS TR-�� METN4a
TYPE II 24-N�UR
RAINFALL= 4.1 IN
TIME �hours)
�Data for M�.�iTDO''rA PLAZA - 1996 PROPOS$U CONDIT20NS - 10 YR
repared by Bolton & Menk, Inc.
`HvdroCAD 3.�0 000763 {,�} rtgg�-i994 Applied Micracompnter
POND 1
�TARTING ELEV= $29.5 FT
FLOOD ELEV= 840.0 FT
rrocarrnc�rA ru�,�v�s �sA sw�/rarm
, ELEVATION CON.AREA INC.STOR CUM.STQR
(�} {,AC} {AEr} {AF}
sa9.s a.00 o.ao o.oa
�830.0 .20 .03 .Q3
832.0 112,00 77.96 77.99
840.0 9i5.00 9Q7.97 985.96
�_�
INVERT ( F'T
829.5
� FEET
829.5
' 831.5
833.5
835.5
� 837.5
839.5
�
,
�
�
�
'
'
'
�
Page 7
28 Jul 96
stems
STOR-IND METHOD
PEAK ELEVATION= 831.9 FT
PEAK STORAGE = 76.23 AF
Qin = 318.2 CFS @ i3.72 HRS
Qout= 3$.9 CFS C 21.23 HR5
ATTEN= 8$ $ LAG= 450.4 MIN
IN/OUT= 110.2fi / 66.55 AF
SPAN= 10-40 HRS, dt=.1 HRS
T2" C:ULYBRT
n=.012 L=300' S=.002'/' Ke=.5 Cc=.9 Cd=.6 TW=82�.5'
TOTAL DISCHARGE (CFS) vs ELEVATION
0.0 .2 .4 .6 .8 1.8 1.2 1.4 1.5 "i.8
0.0 .1 .8 2.1 4.3 6.8 9.8 13.4 17.4 22.0
25.9 32.3 38.1 44.2 50.7 57.fi 64.8 T2.2 ?9.9 8'T.9
96.1 104.4 113.0 121.7 130.5 139.4 148.3 157.3 166.2 175.1
'183.9 i92.5 200.9 249.'i 2i6.9 224.3 231.1 237.2 242.4 246.0
244.9 254..2 263.1 271.7 280.1 288.2 296.1 303.8 311.3 31$.6
325.8 332.8 33�.7 346.4
�
�ata for I�NDOTA PLAZA - 7996 PROPOSSD CONDITIONS - 1q YR
epared by Boltan & Menk, inc.
'HvdroCAD 3.20 040763 (c} 198b-1994 Appiied Microcomputer
PQN� 1 INFLO�! & QUTFLQI�
� MENa�TA NATURE AREA S�JAMP1PONa
� 3�0
300
� �g� �T�R-IND METHOD
2�8 PEA#� E�EU= 831.9 FT
� Z4� PEAK �TOR= 7G.�3 AF
��0
� 200
c� ��B Q�n= 3I8.2 CF�
� ��� Qaut= 3�.9 CF�
140 LAG= 450.4 MI�I
� 1��
-.� I �H
�'- 80
60 �
� �i�
�� ��
�
��������t��������
r r � r" ,- N CV N(�J N � 1 � J � J � J � J �
�
� TIME Chours�
�
�
0
0
�
. ' Page 8
28 Jul 96
tems
�Data for M�NDnTA PLAZA - 1996 PROPOSED CONDITIONS - 10 YR
repared by Bolton & Menk, Inc.
'HydroCAD 3.20 000763 {c} 1986-1994 Applied Micracomputer
POND 2
�STARTING ELEV= 830.0 FT
FLOOD ELEV= 840.Q FT
• :i � �w ;a � c� � .a r �+ i ;� • • • �
' ELEVATION CON,AREA INC.STOR CUM.STOR
{FT} {SF} {CF} {CF)
$30.0 706 0 0
� 831.4 3000 1?20 1720
833.0 5250 8146 9866
835.0 8300 13434 2330Q
� 836.0 10000 9137 32437
838.0 13800 23698 56135
8�0.0 '{8000 31�07 87842
Fage 9
2$ Ju]. 96
tems
STOR-IND METHOD
PE�AK ELEVATION= 836.2 FT
PEAK ST4RAGE = 34818 CF
Qin = 104.1 CFS @ 12.06 HRS
Qout= $4.6 CFS @ 12.18 HRS
ATTEN= 19 $ LAG= 7.2 MIN
INj4UT= 7,62 / 7.58 AF
SPAN= 10-40 HRS, dt=.1 HRS
� IN�tTERT { FT } QUTLET DEVZCES
830,0 36 CULVERT
n=.012 L=100' S=.4Q2'j' Ke=.5 Ce=.9 Cd=.6 TW=831'
� 836.0 20' BROAD-C[tSSTSD RECTANGULAR W$IR �
Q=C L A"1.5 C=2.8, 3.77, 3.45, 0, 0, 0, 0, 0
830.0 12" CULVERT
n=.012 L=100' S=.002'/' Ke=.5 Cc=.9 Cd=.6 TW=831'
�
!J
�
�
�
�
��
�
�
�
�
FEET
834.0
83i.Q
832.0
833.0
834.0
835.0
836.q
$37.0
838.Q
839.0
840.0
TOTAL DISCHARGE (CFS) vs ELEVATION
0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9
0.0 4.Q 4.0 0.4 O.Q O.Q 0.0 O.p 0.0 0.0
0.0 3.4 5.4 7.4 9.2 11.2 13.3 1�,8 'l6.3 17.8
19.4 21.0 22.6 24.3 25.9 27,6 29.3 31.0 32.7 34.3
36.0 37.6 39.2 44.8 42.3 43.? 45.0 46.2 47.3 48.1
48.1 49.9 51.7 53.4 55.0 56.6 58.2 59.7 61.2 62.6
64.0 65.4 fi6.$ 68.i 69.4 ?0.7 71.9 73.1 74.3 7505
76.7 79.6 84:0 $9.3 95.4 102.1 110.1 119.0 128.7 139.4
'i50.8 "162.6 1?5.2 i88.6 2Q2.9 218.4 231.6 245.? 260.i 2?4.9
290.1 305.6 321.5 337.7 354.3 371.2 388.4 406.0 423.8 442.0
460.4 479.2 498.2 517.6 537.2 557.0 577.2 597.6 618.3 639.3
6bQ.5
�Data for MENDOTA PLAZA - 1996 PROPOSED CONDITIONS - 10 YR
repared by Bolton & Menk, Inc.
HvdroCAi) 3.20 000763 tc} 1986-1994 Applied Microcomputer
PONa � INFLOI� & QUTFL�I�
� RE�UCED EXI�TING �EaEMENTATTON P�Na
C
�
�
�
�
�
�
�
�
�
;
�
�ee
9� � STOR-IND METNOD
$� PEAi� E�EU= �36.2 FT
PEAK ST�R= 3481� CF
70 �
G0 Qin= 104.1 CFS
' Qout= 84.6 CFS
5� � .
i LAG= 7.2 MI�J
�e =
;
�e =
�ei
10 �
:
��-��m�������t���
t-- ,- ,�- ,-- ,- N t�l fV f1J (V trl t''1 f'7 C''l (''] d'
TIME Chours�
Page 10
28 Jul 96
�ata for i+IIfiNDOTA PLAZA - 1996 PROPOS$D CONDITIONS -'i OOYR
epared by Bolton & Menk, inc.
HvdroCAD 3.20 000763 {e) 1986-1994 Applied Mierocomputer
WATERSHED ROUTING
,
Page 1
28 Jul 96
___________________--=_____=___==__==__=___=____=_____==__==__
�
�
�
�_�
�
� ., '
'
SUBCATCHMENT
,
�
C
u
�
�RE�CH �POND LINK
i
�ata for 1�iDOTA PLAZA - 1996 PROPOS$D CONDITIONS - 100YR
ared b Bolton & Menk Inc.
ep y ,
IivdroCAD'3.20 000763 (c) 1986-1994 Applied Microcomputer Systems
'
Page 2
28 Jul 96
,
RiINOFF BY SCS TR-20 MSTHOD: TYP$ II 24-HOQit RAINFALL= 5.9 IN, SCS O.H.
RUNOFF SPAN = 10-40 HItS, dt= .70 HRS, 301 POINTS
,T 'AREA Tc WGT'D PEAK Tpeak VOL
�R (ACRE) (MIN) --GROUND COVERS (�CN)-- CN C (CFS) (HRS) (AF
925.00 142.2 12$99 10�61 12�85 3�95 69 - 659.1 13.69 203.08
+ 62�60 - - -
29.00 18.8 90�98 10�61 - - 94 - 154.5 12.06 11.33
r
�
;
�
ata for ME�NDO'TA PLAZA - 1996 PROP4SED CONDITXONS - 100YR
Er
repared by Bolton & Menk, Inc.
HvdraCAD 3.20 000763 tc) 1986-1994 A�vlied Micracom�auter Svstems
�OND OUTLET
NO. DEVICES
� :
,�
3
POND ROUTING BY STOR-IND MSTHQD
START FLOOD PEAK PEAK ---PEAK FLOW----
ELEV. ELEV. ELEV. STqRAGE Qin Qout
(FT� (FT) {FT) (AF) (CFS} (CFS}
829.5 8�0.0 832.7 154.73 fi67.7 63.9
830.0 840.0 837.1 1.03 154.5 '158.6
0
Fage 3
28 Jul 96
ATTEN. LAG
471.0
3.4
�Data for MBNDO'.�A PLAZA - 1996 PROPOSED CONDITIONS - i08YR.
repared by Bolton & Mer�k, Tnc.
�vdroCAD_3.24 OOfl7_63 _(c} 1986-1994 A iied Microcomputer
Page 4
2$ Jul 96
sUsc�.Tc�rr � c�,� r�rno�rA ru�TaRs � wA�sRs�
ACRES CN
115.U0 99 MARSHLAND SCS TR-20 METHOD
90.00 61 GOLF COURSE - TYPE B SOILS TYPE II 24-HUUR
�115.00 85 RESIDENTIAL RAINFALL= 5.9 IN
30 . t}0 95 CONiN�RCIAL PE�AK= fi59 .1 CFS @ i 3. 59 �IRS
575.00 60 MENDOTA NATURE AREA MEADUW VOLUME= 203.08 AF
925,Op 69 SPAN= 14-40 HRS, dt=.1 HRS�
Method Comment Tc min)
-55 SHSST FLt}W B8G � SW 1 4 5SC 31 20.6
rass: Short n=.15 L=3Q0' P2=2.8 in s=.0333 '/'
HA.LLOW CONC:BNTl2ATI�I3 jIIPI�AND FLOW SLtiW Mt3'�Ai3�W SWAL$ � SWAMP FIAW 121 , 6
Grassed Waterway Kv=15 L=7500' s=.0047 '/' V=1.03 fps
� Total Length= 780Q ft Total Tc= r 142.2 �
� ` �
�
�
�ata for I�:NDOTA PLAZA - 1996 PROP4SED CONDITIUNS - 100YR Page 5
e pared by Bolton & Menk, Inc. 28 Jul 96
HrvdroCAD 3.20 000763 {c} 1986-1994 Applied Microcamputer Systems
� SlJB�aTCNh�ENT 1 RUNQFF
� a NATURE AREA �JATERSNED
GREATE� MEN QTA
�
65�
� �ee ��E�= 925 �C
��� � Tc= 14�.2 MIN
� ��0 CN= 69
q50 �
�
c� ��� SC� TR-�0 METH�a
� 350 � TYPE II 24-HOUR
3�� RAINFALL= 5.9 IN
� �5�
�e� PEAK= 659.1 CFS _
i 5B � � 13.fi9 NRS
� 18� �OLUME= 2�3.�8 AF
50
�
� N�fi t0 � m N �fi tD � ID N�t � OD m
r� r r �r e-� N l U 1 L 1 tiJ I L � J � J � J � 1 � J �
�
� � TIME Chour�)
�Data " for. 1�iDOTA FLAZA - 1�996 PROPOSED tx1NDIT�ONS - 100YR.
repared by Bolton & Menk, Inc.
HvdraCAD 3.20 000763 tc) 1986-'f994 Applied Microcomputer S
sclac.���rrr Z
PERCENT CN
90.00 98
10.00 51
�oa.00 �4
MF�D�,1TA PLAZA OLTIMATS GONDITIONS
ULTIMA.TE IMPERVIOUS
GREENWAY
TOTAL AREA = 29.00 AC
Page 6
2$ Jul 96
SCS 'TR-20 METHOD
TYPE II 24-HOUR
R.AINFALL= 5.9 IN
PEAK= 154.5 CFS @ 12.06 IiRS
VOLUME= 11.33 AF
� SPAN= 10-40 HRS, dt-.1 HRS
Method Comment Tc (min)
�IRSGT ENTRY PRBVIt3QSLY SUBMITTSD CALCULATION 18,8
�
�
�
�
�
�
�
�� SUBCATGNMENT 2 RUN4FF
MENaQTA PLAZA ULTIMATE CON�ITION�
15�'
140
130 , ARE�= 29 �C
fi�0 Tc= 1.8. 8 MIN
11 e , CN= 94
IH�
�� SCS TR-�0 METHOa
$� TYPE II 24-HOL1R
�� RAINFALL= 5.9 I�1
6�
�� � �EAK= 154.�
40
�e � ��.e�
2e �����E= I1.33
�e
���-��m��������
s- �- r �r `�' 1 U 1�1 1 W � l 5J � J � 1 � J � J
� TIME Chour�5�
t
CF�
N�s
AF
�Data for L�NDOTA PLAZA - 1996 PROPOS$D CONDITIONS = 140YR
repared by Bolton & Menk, Inc.
�IvdroCAD 3.20 000763 (c) 1986-1994 Appiied Microcomputer
POND 1 ',
�TARTING ELEV= $29,5 FT
FLOOD ELEV= 840.Q FT
I:i �� 1' ' � 1
�ELEVATION CON.AREA INC.STOR CUM.STQR
(FT) (AC} {Ag) {p,F}
� $29.5 0.00 0.00 0.00
�s�a.o ,aa .os .03
832«4 112.00 77.96 7'7.9�
844.0 115.04 90T.97 985.96
� �
INVERT (FT
$29.5
�
FEET
829.5�
, $31 .5�
833 . 5'
835.5
' 837.5
839.5
� �
OUTLET DEVTCES
Page 7
28 Jul 96
STOR-IND METHOD
PEAIC ELEVATSON= 832.? FT
PEAK STORAGE = 154.73 AF
Qin = fi6T.7 CFS L� i3,69 HRS
Qout= 63.9 CFS @ 21.54 HRS
ATTEN= 9Q $ IaAG= 471.0 MIN
IN/OUT= 214.38 / 12�,02 AF
SPAN= 10-40 HRS, dt=.1 HRS
72" CQLVLRT
n=.012 L=3Q0' S=.q02'/' Ke=.5 Cc=.9 Cd=.6 TW=829.5'
TOTAL DISCHARGE (CFS) vs ELEVATION
0.0 .2 .4 .6 .8 7.0 1.2 1.4 1.5 1.8
� O.Q .1 .8 2.1 4.3 6.$ 9.8 13.4 17.4 22.0
26,9 32.3 38.1 44.2 50.? 57.6 64.8 ?2.2 ?9.9 8T,9
96.1 104.4 113.0 12'1.7 130.5 139.4 148.3 157.3 166.2 175.�
183.9 192.5 204.9 209.1 2ifi.9 224.3 231.1 23T.2 242.4 246.0
244.9 254.2 263.1 271.7 280.1 288.2 296.1 303.8 391.3 31$.6
325.$ 332,8 339.? 346.4
'�!
0
�ata for 1�NDOTA PLAZA - 1996 PROPOSED CONDITIONS - 100YR Page 8
epared by Bolton & Menk, Inc. 28 Jul 96
HvdroCAD 3.20 000763 (c) 1986-1994 A plied Microcomputer Systems _
■
� PONa 1 INFLOIJ & OUTFLO�J
� �MENaOTA NATURE AREA S�JAMP/PDNa
� � .
650
� �00 STOR-IND METH�D
�50 PEAK ELEU= 832.7 FT
� 500 PEAK ST�R= 154.73 AF
�
q50 '
�. q00 Qin= 667.7 CFS
� 350 Qout= 63.9 CFS
300 ' LAG= 471 MIN
� 250
J �00 -
�'-
150
� 100
50
� ;
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CITY 4F MENDUTA HEIGHTS
August I, 1996
To: Mayor and City Cauncil
From: Kevin Batchelder, Ci Ad�����or
tY
Subject: Request for Financial Contribution - Dispute Resolution Center
DISCUSSION
The Dispute Resolutian Center is a non pmfit organization that provides mediation
S8N1G�S #A 1ItC�iVlt�Ui�S, families, neighbors, community gmups, government agencies and
businesses in the St. Paul ama. Mr. Roger Wi.11iams, Councilmember in the City af New
Brighton, has written to Mendota Heights seeking a fiinanciat contribntion to support the
Center in 1996. (Please see attached request.)
On several occasions, the City has offered the mediation services to residents to salve
neighbar disputes. In these scenarios, the Dispute Resolutiaa Center is eontacted and they
initiate the mediation between consenting parties who agree to pay for the service. Most
recentiy, Gity Council consented to pay for mediation services in a dispute regarding RV
storage/parking because City codes were involved in the dispute. Mediation is sometimes
vieweci as an alternative to legai ar punitive action that can become costly.
The Center is primarily supported by funding from the State of Minnesota, Ramsey
Caunty and the City of St. Paul, Qther municigalities have contributed, including Mendota
Heights, in past years, Even though same cities da not contribute financially, residents and
businesses in those cities would still be served. Included in the attached 1et�er of req�est is a
table that indicates suggested amaants af conbribution for cities. Cities with a population
between 1U,044 and 24,004 atre requesied to eontribute $i,000 to support these services.
City Council should consider whether they desire to coutribute $1,Q00, or some ather
ainount, to the Dispute Resolution Center to support their mediation services.
�
�
ACTION REQU.QtED
I
Consider the request for a fmancial cantribution ta the Dispute Resolution Center. If
the City Cauncil desires to contribute, they should detenmine the appmpriate amount of
contribution and pass a motion to direct the staff ta make a payment to the Dispute Resolution
Center.
- � � � � 4 � i--� i , ! I
Dispute � ���� �
,k JUL � �9�6 ;! :
Resolution ' � -�
Center ------�----_ _w_._.�.�
265 Oneida Street, St Paul, Minnesota 55102 GlZ-29Z-7791
July 19, 1996
Deaz Mayor Mertensotto:
I have the pleasure of serving on the Board of Directors of the Dispute Resolution
Center, a nonprofit organization established in 1982. The Center provides mediation
services to individuals, families, neighbors, communiry groups, govemment agencies
and businesses throughout Ramsey, Washington, and Dakota Counties. I'm writing to
encourage Mendota Heights' use of the Center's services and to ask you to join other
municipalities in financially supporting the Center in 1996.
As a New Brighton city council member, I fully recognize the tremendous communiry
service and cost savings that the Dispute Resolution Center provides to the East Metro
area. Each year hundreds of cases are resolved by the Center's mediators, reducing
delays and saving parties the financial and emotional costs associated with litigation.
Cities, in particular, can benefit from the services of the Center. For example, when
asked to resolve disputes between constituents, the New Brighton council and staff
frequendy suggest the alternative of snediation with excellent results. Mediation allows
the parties to work out their own voluntary and conf'idential solution without major ciry
involvement or publiciry. And, the Center has been used on several occasions to
successfully mediate disputes involving the city as a parry. Our latest case involved a
dispute with a private contractor over the cost of replacing charcoal in our water
treatment facility. This dispute, involving many thousands of dollars, was resolved in a
single two-hour session. Other cities have recently used mediafion to resolve disputes
concerning traffic problems, zoning issues, erosion control, and public works projects.
These many valuable services will only continue to be available if we all share in
supporting the Center's operation. The Center has received its primary on-going
funding from the State of Minnesota, Ramsey County and the Ciry of St. Paul. Several
suburban communities have contributed to the Center's operating budget over the
years. Even though some cities do not financially contribute, residents and businesses
in those cities receive services upon request.
A fmancial contribution to the Dispute Resolution Center will help ensure that services
continue to be available to your ciry and your constituents. Mendota Heights'
investrnent in the Center is one way to offset the inevitable annual "budget crunch" and
better utilize the limited time of city staff.
The Center has greatly appreciated Mendota Heights' past financial support.
�
k
Please consider a contribution to the Center this year. While contributions of any
size aze welcomed, the following scale indicates annual donations made by cities
� similaz to yours:
cities with population under 10,000 $ 500 per year
cities with population from 10,00�. - 20,0(}0 1,000
cities with population from 20,001- 30,0{}0 1,500
cities with population from 30,Q01- 40,QQ0 2,000
cities with gopulation from 40,001- 50,000 2,500
�� • A Board or staff inember will conta.ct you in the neaz future to discuss any
questions you might have. In the interim, please do not hesitate to call the Center's
. Executive Director, Timothy Hedeen, at 292-7791, or call me at 296-2633.
Thank you for considering this request. We look forward to continuing to provide
services to your ciry.
Sinc ly,
�
.
. R ger Williams
�
i
cc: Tom Lawell, Ciry Administrator
CITY OF MF.NDOTA HEIGHTS
I� 1
August 1, 1996
To: Mayor and City Council
�it�'
From: , Kevin Tiatchelder, City A r
Subject: MSP Mitigation Carmmittee - Letter to Dakota County Reqaest3.ng Assistance
DISCUSSION
The Northern Dakota County Aixport Relations Coalition (NDCARC) has been
warking to assist the Mayors ttiat aze cui.rently serving on the MSP Mitigation Committee and
to support their efforts in e�aanding naise mitigation for the impacted communities around
1ViSP. The NDG.ARC has heen reviewing each citzes individual position statements and
discussing those items that each of the cities in northern Dakota County support. The purpose
of deiming items of consensus is to bring Dakota County, and their resources, to our
assistance in the efforts at the MSP Mitigation Committee and at the legisla.tive level.
The members of the NDCARC are Eagan, Inver Grove Heights, Mendota, Mendota
Heights, and Sunfish Lake. The City of Burnsville has also been involved in the discussian of
consensual mitigatian efforts. The NDCARC has diafted two proposed documents for
consideration by each City Council.. First, is a letter of request to Dakota County for their
assistance on this issue. Second, is a statement of Common Issues that tell the County what
issues the City wauld like Dakota County to advocate on our behalf. (Please see attached
letter and draft Common Issues statement.)
In dr�fting this statement of Comman Issues, NDCARC has inciuded those mitigation
techniques, or suggestians about airport operations, that each City supparts. Adopting this�
position of consensus in no way precludes any individual city from continuing to advacate
individual pasitians regarding mitigation and airport operations. This is an attempt ta
�strengthen the position af the northern Dakota County cities and to include #he resources, staff
and lobbying strengkh af Dakota. County on our behalf.
When Dakota County decided ta support an e�anded. MSP concept, as opposed ta
buiiding the new Hastings airport, the County Board's resolution included a resolution that
they would assist northern I7akot,a County cities in their efforts on noise mitigation,
Commissianer Bataglia is aware that the County will be appraached and has indicated she
supparts this effort. Dakota County staff have been involved in our last several meetings and
aze willing to assist us.
n
City Council should consider the draft Common Issues statement. If this statement is
acceptable, Council should consider contacting Dakota County to enlist their assistance on our
efforts with the MSP Mitigation Committee. Mayor Mertensotto has been heavily involved in
the MSP Mitigation Committee's efforts and he can provide an update on their progress.
ACTION REOUIRED
Consider the draft Common Issues statement and the letter to Dakota County. If the
City Council so desires, they should pass a motion endorsing the Common Issues statement
and authorizing Mayor Mertensotto to execute the letter to Dakota County.
Attachments:
1. Draft letter to Dakota County.
2. Draft Common Issues statement.
3. Airport Noise Mitigation Satement - Mendota Heights.
4. Preliminary Measures from MSP Mitigation Committee Participants.
Mike Turner
Chair, Dakota County Board of Commissioners �y�Q��
1590 West Highway 55 j�
Hastings, MN 55033
Dear Commissioner 7iirner:
At the time of the County's decision on the Dual Track Airport Study, the County Board
action included support for noise mitigatioa for Dakota County cities which will be affected by
the airport's expansion. The Cities of Eagan, Mendota Heights, Inver Grove Heights and
Bumsville, representing more thaa half of the population of Dakota County, are currently
working with the MAC, Metropolitaa Council and other cities to identify aa appropriate scope
for the mitigation of e�anded operations at the international airport. The report of this group
is due in mid September. It is possible that mitigation efforts may extend to other Dakota
County cities such as Sunfish Lake and Mendota as well.
. � � ���
While the aiiport is no longer an issue for some Dakota County residents, it remains a
significant issue for thousands of others. It is important for the County to cazry through with
its commitment to these residents by supporting the best possible mitigation package for the
airport impact area.
It is essential that the County advocate for an aggressive set of noise mitigation tools based on
the Airport Area Community Protection Concept Package developed by some of the cities in
caoperation with the MAC and Metropolitan Council. The County should also support the
availability of these tools in a much larger area than is typically the case. Our City is
advacating the expansion to the 60 DNL as the area of eligibiliry which would apply for all
-mitigation tools, including the cunent Part 150 Sound Abatement program.
To support this effort, it is important that the County provide staff resources to the affected
.communities and lobbying efforts at the MAC and Legislative levels. In particular, it will be
necessazy to have the County's support for mitigation initiatives and operational restrictions
supported by Dakota County cities at the Mitigation Committee. It is our intention to prepare
a consensus list of positions duri.ng the month of August. It will also be essential that the
County assist ia persuading the Legislature that significant state funding, in addition to MAC
funding, will be necessary to apply these tools to a suff'iciently large area.
We look forward to your participation in this effort. Please contact Kevin Batchelder, City
Administrator to discuss caordination of this effort further. .
Sincerely,
CTTY OF MENDOTA HIIGHTS
Charles E. Mertensotto
Mayor
DAKOTA COUNTY NOISE MITIGATION
COMMON ISSUES
The state, region and airport need to proactively plan for future noise impacts associated with
the continued operation and expansion of Minneapolis-St. Paul International Airport.
Programs must be established, sufFicisntly funded and broadly applied which will provide
resources and benefits directly to noise affected residents and their communities to compensate
them for the impacts of the airport, to stabilize and revitalize neighborhoods whose quality of
life and value are affected by aircraft noise and to redevelop areas to noise compatible land
uses where necessary. It is also important to implement runway use and operating standards
which provide for an equitable distribution of noise generated by the airport.
1. 5tate Funding/Mitigation Financing Plan - Together with the Metropolitan
Airports Commission, the State of Minnesota has an obligation to fund the
mitigatioa of airport noise impacts as part of the actual cost of e�cpanding the
airport at its current lacation. Mitigation financing could include increased
landing fees, increased passenger facilities charges or ticket surcharges, other
service charges and state bonding or general fund allocations. In no case should
uareimbursed financial impacts fall on affected residents or their local
governments.
2. Large Eligibility Area with Graduated Application of Mitigation Tools -
Mitigation taols need to be available over a much broader area thau has been the
case to date and their application should be graduated or phased out at greater
distances to avoid stark differences in opportunities for residents at the
boundaries. Certain cities are supporting a 60 DNL plus 3-2-1 concept that
suggests that all tools be available within one mile of the 60 DNL contour, some
percentage or portion of the tools between one and two miles and a smaller
percentage or portion between two and three miles.
3. Property Value Guarantee/Purchase Assurance - A program should be available
which assures that a residential properiy is not devalued by noise and that
residents can receive fair value for their home upon sale. Where landowners
perceive that their investment may be impacted by increased aircraft noise there
may be a disincentive to remain in or maintain the neighborhood and a
deterioration of value may occur. A program which guarantees the value at sale
will stabilize neighborhoods aad d'uninish perceived impacts.
4. Expanded Housing Revitalization and Stabilization Progr�un -1'he current
Airport Area Housing Revitalization and Stabilization Zone should be expanded
and be made available to all affected residents initially and to prospective buyers
as properties are sold.
�
5. This Quiet Old House - Homes within the airport noise impact area should be
entitled to This Old House progerty tax deferments for sound insulation
unprovements.
6. Aggressive Sound Insulation - The Part 150 Sound Insulation Program is
effective and very well received, but is available in aa extremely limited area..
It must be available over a much broader area to reflect actual impacts of noise.
4
7. Residential Property Acquisition - In areas of high, chronic noise exposure, the
airport should pmvide for acquisition funding. The decision to seek acquisition
within the neighborhoods should remain with the cities to insure that such action
is consistent with the community's comprehensive plan.
8. Neighborhood Enhancements - Communities should receive resources to
enhance the quality of neighborhaods and help stabilize properiy values in
affected areas.
' 9. Airport Area Community Protection Package - T'he tools outlined in the
Community Protection Package including many of those mentioned above are
critical to the maintenance of viable neighborhaods where it is possible and the
' effective redevelopment of areas where it is not. A qualif'ication is that it would
be inappropriate to implement another layer of government in the form of an
airport zoning board. The communities which have developed since
implementation of the region's aircraft noise policy have done so responsibly
and will continue to do so. Loca1 governments should retain the authority and
be given the resources and tools to bring about airport compatibility instead.
10. Independent Operations Monitoring 5ystem/Fines for Operations Violations -
Similar to the system in place at Denver International Airport, the MAC should
install a monitoring systems which does not require a contractual relationship
with the FAA and enforce compliance with appropriate operations standards.
The MAC should institute a system of punitive fines for failure to comply with
noise abatement procedures.
11. Additional Noise Monitors - The MAC noise monitoring system should be
tripled in size to provide more coverage of actual impacts in the airport vicinity.
In parkicular, areas affected by the north-south runway and parallel runways
should have additional microphone locations to monitor continued and growing
volumes of air traffic as the airport expands.
12. Base mitigation on Actual Impacts- Data from ANOMS and an expanded noise
monitoring system should be used in place of modeled contours for all noise
mitigation progra.ms.
13. Fund Research on the Long-Term Health Effects of Aircraft Noise - The State
should fund research concerning the effects of aircraft noise on residential
populations.
14. Night time Operations - The shoulder hours within which limits on operations
are in place should he extended and nighttime operations should be limited to
State III aircraft immediately.
15. Use of the Crosswind Ruaway - The Runway Use System should be modified to
utilize Runway 4/22 whenever possible including night time hours.
CITY OF MENDOTA HEIGHTS
AIRPORT NOISE MIT7GATION POSTI70N STATEMENT
June 26, 1996
As a community directly and severely c�ffeded by airc�ft operalions at Minneapolis-
St. Paul International Airpo�t (MSP), the City of Mendota Heights is very concerned over
the future configuration and operation of the airpo�t.
Cost and convenience was the primary baszs for the recommendation thai the MAC
Commission and the Metropolitan Council made to the legislalure thart the present airpo�t be
expanded and that it is capable of annually serving up to 640, OOO,tTight operations and 48
million passengers th�ugh the year 2020. 1
If the a�joining communities want to enjoy the convenience of having a mr�jor airpo�t
facility within 5 to 10 minutes of travel, then all the surrounding communities must share in
the burrlen of the noise generated by the facility. Ii is totally inequiiable for the cities of
Minneapolis cuzd Richfield on the west side of the airport, and the cities of Eagan and
Mendota Heights on the east side of the airpo�t, to be subjected to appmximately 85% of the
,tPight openations. Therefore, Mendota Heights feels that the equitable dislribution of
airc�ft noise is the paramount issue the MSP Mitigation Committee musi address.
The million dollar plus A.N.O.M.S. installaiion is providing factuaX noise data which
is far mone accurate than the LDN contours generated through the use of the FAA
"integrated noise formula. " This raises the question of the validity of the LDN 65 as a basis
for decision making when more accurate data is available from A.N.O.M.S. It is imperative
that the MSP Mitigalion Committee make its decisions from the mosi accurate data base
available. Accorriingly, A.N.O.M.S. data should be used in formulaling an equitable noise
mitigation pmgrar�n for the continued use of the present airport facility.
The Minneapolis/St. Paul Area Community Protection Concept Package prepared by
the Metropolitan Council represents a number of tools and techniques by which Mendota
Heights and other nearby communities will be able to address airport relaied impacts. The
City of Mendota Heights generally supports the Metropolitan Council Community Proiection
Package based on the following considerations.
1 Dual Track Airport Planning Process, Summary and Decision,
Metropolitan Airports Commission, Ma.y 1996. �
1
As the number of MSP aircmft operalions has grown, air noise impacts wiihin
Mendota Heights have increarsed dramalically. Many of the noise impacted areas within our
City are older residential areas (built in the I940's, 50's and 60's) which clearly pre,date the
surge in air tra, ffic experienced at MSP during the I980's and 90's. As a result of increased
noise exposure, these older Mendota Heights resideniial neighborhoods have experienced
disinvesiment and decline. In onrYer to stabilize these areas and maintain their viability, the
use of property value guarantees, tax credits for housing revita�lizaiion, aggressive sound
insulation pmgrams, and other described community stabilization pmgrams is necessary
and wanaazted.
. The FAA Part I50 Noise Aitenualion pmgmm should be exiended to cover all LDN
60 areas and beyond as necessary. At a minimum, the following residential neighborhoods
in Mendota Heights must be included in the FAA Part ISO Noise Attenuation pmgrmn:
Furlong Addition along State Tiunk Highway S5, Curley Addition along Lexington Avenue,
Rogers Lake Addition and Rogers Zakeshore Addition along State Trunk Highway 149, the
older homes south of Wagonwheel Road from Staie TYunk Highway 149 to Lexington
Avenue, and Sections 1, 2, and 3 of the F7rzendly Hills Addition (1950's) south of Highway
110 and east of Staie TYunk Highway 149, and other scaltered neighborhoods located in
ident'� f"ied noise impacted areas. All of these neighborhoods experience noise events of 85
dBa or greater on a regular basis as shown by A.N.O.M.S.
Revitalizalion of indushzal pmperties wiihin the City's Business Park will similarly
require substanticrl resources over time. In order to m�intain the long term economic health
_ of this arecy the City Council would consider the selective use of community stabilization
cuzd revitalizaiion tools described in the Community Protection Concept Package.
The Communily Protection Concept Package also discusses a number of airport
pmtection measures designed to prevent incompatible land development in airport impacted
areas. As a community incorporaied in 1956 and comprehensively planned in I959, the City
of Mendota Heights has a number of established land use patterns which limits its ability to
make sweeping land use modifications for the sake of airport expansion. For instance, the
C'ily of Mendota Heights is already 90-95% developed. Nonetheless, the City of Mendota
Heights has for many years cooperated with the Metropolitan Council in adopting and
enforcing land use controls related to the airport.
In 1987, the L'ity of Mendota Heights became the first and only city to adopt the
Metropolitan Council's Aircrc�f't Noise Atienuation Ondinance and has sh•enuously enforced
ihe Metropolitan Council's Guidelines for Consh•uction Within Aircmft Noise Exposure
Zones. In addition, the City has made a concerted effort to limit the total number of new
residential units located in areas over,tl'own by aircraft, and has experienced substantical costs
in monitoring and achieving these goals. (The Putnam Associaies lawsuit to decrease the
density of the proposed townhouses east of Highway 149 and south of Mendota Heights
�
Road was a very costly omleal for the city.)
The C'ily takes seriously its responsibility to control the development of noise
incompatible land uses within Mendota Heights. As such, the �GSity does not suppo�t the
creation of another regulatory body, such as the Airpo�i Zoning Boand, to usurp the land
use authority vested in our duly elected public officials. If "teeth" are to be put into the
enforcement of land use palterns, the cilies themselves should be the enforcing authority,
not some distant, non-representalive boa»d such as the Airport Zoning Boand.
, This is not to say that the Legislature, the Metmpolitan Airports Commission, and the
Metropolitan Council do not have impo�iant mles to play in regulating air noise gene�niion
and exposure. It is essential that "teeih" also be put into the negulalions affecting the
operation of the airport.
Long term community compalibility with MSP is premised on the following:
1) The pr�eferential runway use sysiem needs t4 be revised. The inequitable reliance on
the Mendota Heights/Eagan corriclor should be eliminated. The capacily of the
corrirlor is finite, and communities over, fl'own by aircx�ft using the conidor ought not
be expected to endure air noise exposure beyond a fair and equitable limit. All
communities surrounding MSP receive significant economic benefit firom its close
proximity. Similarly, all should be expected to bear a reasonable and equitable share
� of the associated noise bu�rlen as well.
2) Over the Mendota Heights/Eagan area, depa�iing aircmft should be directed to
' utilize, to the fullest extent posszble, less noise sensitive areas, such as industrial park
pmpe�ty and highway rights of way. These areas have been planned in conformance
with existing and appmved airport runway confzgurations, are in confornrance with
Metropolitarc Council guidelines, and have been apprnved by the Metmpolitan
Council. To fully accomplish this goal, airc�ft during non-busy hours should be
directed to,tly a crossing pattern in the corridor, rather than being given depariure
headings which over,tl.'y close-in resideniirrl areas. This crossing pmcedure during
non-busy times has been a�pmved by the Metropolitan Airports Commission and is
currently awaiting implementation by the Federal Avialion Administ�ation.
3) As soon as possible, the aircrc�'t departure corridor should be narrowed over Mendota
, Heights and Eagan to take full advantage of the laiest air t�ffic control technology.
' The introduction of a Global Positioning Satellite navigation system at MSP should
� greatly improve the s�fety of airspace management, and will also lessen the distance
aircraft need to be separated from one another to ensure passenger safety. Other
� precision air traffzc control advancements on the horizon will only hetp the MAC and
FAA better utilize the airspace surrounding MSP to minimize air noise impacts over
resialential areas.
3
�
4) The magnetic )ieadings for the parallel runways need to be a�justed to re,tl'ect current
reality. Flight operalions thrnugh the Eagan Mendota Heights corridor need to be
adjusted to restore the original intent of the tower orders thai operate within the
corridor.
S) Once modi,red to take advantage of the laiest air tmffic control technology and
adjusted to correct for air noise distributiorurl inequities, the boundaries of the
aircmft departure and arrival comidors should be specifically defined, and air noise
exposure standa�ds should be established along this corridor. Aircrc�'t operators
violating these standarris should be subject to substantiarl monetary fines.
6) Nighttime aircraft reslrictions should be put into place immediaiety to ensure thai
only Stage Ill quieter airc�fi are flown between the hours of 10:30 p.m. and 6:00
a.m. Such reshictions should be mandatory and violalion of the standa�rls should
resuli in a monetary fine to the offending air carrier.
� Noise Abaiement Depam�re Procedures (reluted to how quickly airc�ft gain altitude
upon departure) should be reviewed and a�jusied to ensur�e that the full �erformance
capabilities of all aircmft are being utilized. The ability of aircrc�'t to rapidly gain
a�tiiude, thereby minimi�ing aircrnft noise levels experienced on the ground, should
be quant� fied and made part of air trc�'fic departune procedures at MSP. This is
especially true for Stage III aircmft.
Preliminary Measures f'rom MSP Mitigation Committee Participants
reduction instead ofnoise shiRing
:e DNL qualifier with ANOMS data
te development of Stage 4 aircraft
insulation program extended to the 60 DNL '
meeting handout)
Heights Replace DNL qualifier with ANOMS data
statemrnt MSP Ai�pott Area Coneept Package
by City Cover all 60 DNL areas and beyond as necessary
(based on areas experiencing noise everntss of 85 dB
and greater based on ANOMS data)
Paul
meeting handout)
Grove Heights
HNTB sununary
of insulation area •
�n of homes within the 65 DtJI, with RI7-35
of the 75 defeRed area homes
DNL plus 3-2-1 Phase-In
MSP Airport Aroa Concept Package
60 DNL + 1 mile Inclusion
Replace DM, qualifier with ANOMS dala
�ble Distribution of Aircrafl Noise
nize use of Rumvay 4-22 far noise redistribution
or and enforco legislation forfleet conversion.
ime resUictions between 2200 and 0600 for Slagc D Aircraft
�er of operations restricted behveen 2200 and 0600
>le extcnsion of curfew
-&ee periods
as much Uaffic as possible on new North-Soulh rumvay
Equitable Distribution of Airaaft Noise
Eliminate/Moditj+ Mendota Heights/Eagan Corridor
Crossing pattem in comdor during no-busy nours
Use of dPS to naRow camdor
Adjust magtetic tteadit�gs for �he parallel rumvays
Monetary fines for violation of defined caridors
Nig�ttime ro�riction between 2230 and 0600 for Stage II Aircraft
Redefine Noise Abatement Procedares to maximize operation
and minimize noise
:oncomed about increased noise ovtr Ihe Highland Park area
wilh extrnsian of It/W 4-22 and the new Norih-South n�mvay.
BoUom depariure
�sion of Nighttinx Hours
ime ops on Rumvay 4-22
:ndenl operations monitoring system
Monitor and enforce legislation for fleet conversion.
Equitable DisVibution of Aircraft Noise
SID far south departures �
Equitable Distribution of Aircraft Noise
Eliminate/Mixii'ty Gastem Caridur
Eliminate "�refened rumvay„ uperatiuns
Eapedite cunq�letiuu uYEt/1V 4•?2 extensiun anJ increase use uf 4-22
Conswction of Rumvay 17-35 stwuld begin ASAP
erty value guarantees
credits for housing revitalizztion
•essive sound insulation prog�ams
ication and a�erence lo scheduled insulation progam
munity inventory and infomiation
�borfiood Strenglhcning by enhalicements such as rcaeational facilities
ew of the disaster plan
I research to study the long-tertn effects of aircrafl noise
le a"proactive plan and fundirtg mcchanism" to deal with future noise ii
;oing financial commitment from the State to'noise mitigation
:wtsider Ute state-wide benefits of the Airport relative to funding
mitigation measures, etc.
rovide communities mitigatian optio� beyond legal IIS requiremerds
erty value guarantees
credits for housing revitalization
�essive sound insulation programs
ctive use of tools described in the Community Protection Concept Package
of the St. Paul housing markct.
and a�erence to scheduled insulation program
Airpoii Area Concept Package
Property va�ue g,arancees
Preferentialtax considerations
Cortununity incentive progams
�
<_
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To:
�
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�
�
CITY OF MENDOTA HEIGHTS -
� �Z� , .
August 2, 1996 �
Mayor and City Council
Kevin Batchelder, Ci Ad '�� r � " � � - �
t3' ,
Subject: Request from League of Minnesota Cities to Fund Right-of-Way Work Plan
DISCUSSION • - , � - . .. � � ' � � - �
At the City Council meeting on 7uly 16, 1996, the Council considered a request from '
the League of Mi.nnesota Cities (LMC) to assist in funding a work plan to counter legal and
+ legislative challenges to local control of rights of way. The City Council did not act at their
7uly 16, 1996 meeting in order to have staff determine the status of the request by the LMC.
�' The Minnesota Public Utilities Commission issued aa order dismissing U.S. West's
petition for relief from local control of rights of way. (Please see attached July 26,1996 Cities
Bulletin.) While this order clarifies the legal issues at this time, the LMC expects that this will
be a major issue at the Legislature. The League of Minnesota Cities is still proceeding
forward with their work plan components and the request for city contributions is still valid.
As of the July 26, 1996 Bulletin, over 300 cities have approved their contribution to the LMC.
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 estunated that the total
cost for this work plaa is approximately $325,000. Their Board has put up $125,000 and they
are requesting that member cities cover the remaining $20U,0{}0. They are requesting $771
from the City of Mendota Heights, as our suggested minimum payment.
, � �-
Please refer to the July 2, 19961etter from the League of Minnesota Cities requesting
our participation 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. . --
0
DISCUSSION - �- � � �
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. . - . . _ - . � ' ,
. � . J 1 • .r _ .
/^\ ^' , I/,��,�� L ' �����j�'I�'!�� __ _' . ' _ _ _ -_ ' - _
d, Blaine C. Hill
President, League of Minnesota Cities
CC: City Manager, E���tpl�gol� ��,j,y��FI�ATIVE ACTION EMPLOYER
U Y(7
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t q
} matter can 8e pursued in caurt, as
• ' tISWC has rXone in Redwood Falls.
' • A state agency does have the
----
Lea�ue urges city support of authority to interpret the Legislature's '
- - - -- -- -.
, _—<_ ------ __ - deleeation of power to the agency, and
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McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone Engineers
612/476-6010 Planners
612/476-8532 FAX Surveyors
MEMORAND UM
TO: Planning Commissioners of Mendota Heights
FROM: Meg J. McMonigal, City Planner���Q�
f
DATE: July 23, 1996
SUBJECT: Public Hearing for Conditional Use Permit for Temporary Portable
Building at Mendota Elementary School
APPLICANT: I.D.S. #197
LOCATION: Mendota Elementary School
ZONING: R-1
Descri�tion Of Request
I.D.S. #197 would like to place a portable building on the north end of the Mendota Elementary
School for the 1996-97 school year. This building would be for offices and student meeting
space for small groups or individual learning. The building would be removed at the end of the
school year, as the new Friendly Hills Middle School will be open in the Fall of 1997 providing
additional space.
_Conditional Use Permits
A Conditional Use Permit (CUP) is required for a single accessory structure of over 225 square
feet in the R-1 zoning district (Section 7.2(7)).
Conditional uses are those uses that "because of their unique chazacteristics, cannot be properly
classified in any district or districts without consideration in each case, of the impact of those
uses on neighboring land or the public need for the particular location." In considering a
conditional use, the ordinance states the application should be reviewed in terms of the proposed
use on the health, safety, and welfare of occupants or surrounding land, existing and anticipated
traffic conditions including parking facilities on adjacent streets, and the effect of the proposed
use on the Comprehensive Plan.
An Equal Opportuniry Employer
i..
City of Mendota Heights Planning Commission
I.D.S. #197 Portable Building CUP
July 23,1996
Page 2
Existing Site Conditions
The proposed location is on the north side of the building. It will not be highly visible and will
have little impact on the neighborhood, especially as it will be temporary.
Action Ite�uested:
The Planning Commission can recommend:
(1) approval,
(2) approval with conditions,
(3) denial.
STA FF RECOMMENDA TION.•
The City Planner recommends the request for a Conditional Use Permit be approved with the
following condition:
1. T'he portable building will be removed by July 1, 1997.
�
�4�
To:
From: - ►
.�
Subject:
CITY OF MENDOTA HEIGHTS
t
�N /
Mayor and City Council
w Kevin Batchelder, City Ad '�� r
k
August 2, 1996 �
Request from League of Minnesota Cities to Fund Right-of-Way Work Plan
DISCUSSION
� At the City Council meeting on July 16, 1996, the Council considered a request from '
the League of Minnesota Cities (LMC) to assist in funding a work plan to counter legal and - s
legislative challenges to local control of rights of way. The City Council did not act at their
7uly 16, 1996 meeting in order to have staff determine the status of the request by the LMC.
��� - The Minnesota Public Utilities Commission issued an order dismissing U.S. West's
getition for relief from local control of rights of way. (Please see attached 7uly 26,1996 Cities
-�� Bulletin.) While this order clarifies the legal issues at this time, the LMC expects that this will
�% be a major issue at the Legislature. The League of Minnesota Cities is still proceeding
forward with their work plan components and the request for city contributions is still valid.
As of the July 26, 1996 Bulletin, over 300 cities have appmved their contribution to the LMC.
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 $325,000. Their Board has put up $125,000 and they
are requesting that member cities cover the remaining $200,000. They are requesting $771
fmm the City of Mendota Heights, as our suggested minimum payment.
Please refer to the 7uly 2, 19961etter from the League of Minaesota Cities requesting
our parkicipation ia 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.
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. .-� �
.�
...,••a••p�,•n:�.,N���,�,y���crurw:rwmore�ntormation,-�7� . a.�.»....•,••,,•••••a,•�aaa,w�uuvwiu--
� I please call Stefanie Adams of Insight Investment Mana�emeni at (800) 333-0813 or (612) 371-7275. I I ing the issue known to the public. _� !�
� I
Page 4
LMC Cities Bulletin
, �.
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� League urges city support of
right of way initiative
The MPUC's recent action on the US West petitian under-
scores the importance of implementing the I.eague's right of way
management initiative. Because the right af way issne is likely to
be a dominan't issue in the 199'7 tegislative session, it is imperative
for cities to mount a concerted effort ta edncate city officials,
citizens and iegislatars ta the implieations and public costs
intrinsic to this issue.
Leiters were sent to all League members in early laty asking
far their consideratian and supgart for voluntarily funding this
I,eague initiative. If your city ccsuncil has not.yet discussed
garticipating in this effort, we hope yoa will inctude this item on
your next city cauncil agenda. For more informadon contact Jim
Miller at (612} 2$1-1200 ar (800) 925-1122. �
�.�`11 V�� aantinued 6om page 1
Zhe iegal effect of the MPUC
action is unclear, therefore, the -'
i.eague's advice ta;nembers will have
to wait untii the actual order is drafted,
released and subsequently analyzed.
Hawever, MPUC staf'f made several .�
points in a brieimg paper that indicate
the MPUC will interpret "their" statute
ta pravide them with e�ransive and -•-
substantial aathority and pravide cities
with limited authority. "
While cities may continue to adapt
and amend ordinances regulating the
use of pubtic rights of way, if the =
' affected users challenge the ordinance
' in caurt they may find a litigation�
partner in the MPUC.
In arder to assist the MPUC
: Cornmissiuners, the MPIJC staff
summarized and organized the com-
ments made by all the parties. MPUC
' staff also included their interQretacions,
opinions and recommendations. A
review of seveiral portions of the
hriefing paper gives a fairly cleac
picture of what the staff-drafted arder
will eventually look iike. FuI1 copies of
the staff briefing paper are available
from the League, either by requesting a
copy from the IGR department, ar by
calling the fax hadine at (612) 215-
4039 and requesting dacument #64040.
Selected excerpts firom the
MFUC staff briefing paper
• . . .'staff believes ihat its recom-
mendation that the Comnussian issue
un order oudining the Cammission's
interpretativn of its autharity under Ch.
237 wilt provide a more +expedient, and
at least as useful, solution than wauld
an e.tpedited hearing, contested case
hearing or rulemalcing.
• There are. . . jurisdictional
proirlerrrs with regard to the USWC
petitian. .. the Commission has na
authority over municipalities and no
autharity ta strike down any city
ordinances.
• An order resulting fiom the ,
Commission's meeting on July 9 can
just as easity describe the extent of the
Commission's authori.ty under Ch, 237
and be concluded in a much shorter
perivd vf time. If a mur:icipality adapts
an ordinance that infringes on the
Corrunission's jurisdiction, then the
�
matter can be pursued in caurt, as
USWC has dane in Redwood Falls.
• A state agency does have the
authority to interpret the Legislature's " �
delegativn of power to the agency, and "�,��,�'
such interpretations by state agencies ,
are routinely granted deference by the
courts. •
• . . . under 23i.16, the Commis- '
sivn has the exclusive authority to
autharize any person to furnish
telephane service while the munictpali-
ties' authority is limited to specifying
the tocaiion af poles, wires,-and other
equipment in the prrblic right of way for
the sole purpose af ensuring the sdfe
and cvnvenient use of streets, alleys ,
and other public grounds by the public.
• Chapter 237 atso confers upon .
the Commission other substantial
responsibilities sueh as ensuring that
rates are just and reasonabte ... 7'a the
extent that an actian by a municipality
wauld impact ureas of Commission
responsibitity, then the Commission
would be concerrted about that
municipal action. For excunple, if a city
ordinance caused a telephone.compnny
to incur additioraal costs, and those
cvsts are in turn proposed ta be r
recovered fir�m ratepayers, then the --� �
Co�nmi�sion's abiliry to establish just
and reasanable rates is a„�'ected. The
Cvmmission has no autharity to require
a municipaliry to repeat an ordinance.
However, the Commission should be
interested irt learning of specific
municipal ordinances which the
industry believes a,�`'ects the
Cammissivn's jurisdiction in order for .
the Co►rrrnission to decide.whether ta
request, or join in a request, for
judicial review of such an ordinance.
• Staff betieves that municipalities
do not have the authority to impose
franchise fees on telephone companres.
•... staff agrees with thase parties
who have argued that in today's
radically changing telecommunicatrons
industry, the concern for statewide
unifornuty is of even greater impvr-
tance. Parties must face uncfarm �
regulation, with no signi,ficant barriers
ta enhy. Unique orctinances enacted �
by each municipality wauZd be
pr+v6lematic for the develapment of ��
competition. � �
pag� � LIVIC Cities Bulletin
�i
.�
a
I aagus of 1�finn¢sofa �ities
CTities prr�mvtrng c�roel%nce
July 2, I996
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145 University Avenue West, SE, Pau�, MN 55103-2044
Phone: (61.2) 28I-1200 • (800} 925-II22
Fax: (bl2} 2$1-1299 • TDTJ (612) 2$1-I29Q
Dear Ma.yor Mertensatto and Members of the Mendata. Heights City Cowncil;
By now, you are probably aware ofthe rights af way issue facing cities in Minnesota. US
West's chalienge to Iacal management of tb.e public rights of way is one of the mc�st 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 Directarrs decision to move
.forwazd with an aggressive work progranx and financing plan lo counter this challenge. We need
your city to make a special payment to tb.is fund and help put the work plan into action.
The wark plan develape�d by the Rights of Way Task Farce and approved by the Board could
cost $325,Q00 or more. This assumes that a large portion of the work plan will be caordinated
by and implemented thraugh League st.aff. The Boazd has agreed ta allocate $�.25,UQ0 from the
current League budget for the work plan and is asking member cities ta voluntarily pay
$200,000.
Based on your city's 1995-96 League dues, your suggested minimwm paymsnt is $771.
_ Please consider this request in July and submit your payment by Au�ust 15, 1996 if at all
possible. If each city meets their minimum. payment, #he $200,44Q target is reachable. Hawever,
because it is unlikely that all cities will join this voluntary effort, we encourage members to
allocate more if this uutiative is of pazticulaz importance to them.
Two importaut paints should be made: Fust, this is a voluntaty payment As a member of the
League of Minnesota Cities, you are not requ'rred to take part in this effort. However, if total city
payments fall sigcuficantly short of the $20Q,000 goal, the L�eague witll not be able to fully
uadertake the work plan. Second, your voluntary payment shouid not be confused wi.th your -�.
League membership dues which will be billed at the beginning of September. �
The Boazd of Directors and I under.>tand that this issue must be weighed againsi the priorities in
yaur city. However, we believe that the prosgect of losing local cantrol of public pmperty
wairants this e�rtraard'uzary ef%rt. This is a compl'zcated issue, please consider it carefully.
Bnclosed is a brief inform.atian sheet ta help you in yaur deliberatians. If yau bave any
questians, canta.ct me at {218} 643-1431, L,eag�ze Executive Director Jim Miiler at (612) 280-
12Q5 ar (800) 925-1122, or any member of ihe Baard of Directars.
Sincerely,
;���' �"
Blaine C. Hill
President, Lea.gue of Minnesota Ciiies
.�- • �e� � � • , -
_►r�[� I� �''1� C Y 1►1 Y�
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Conzman questions about
public righ�s of way
�T�'hy did local m,anagement ofpublic
righfs of way become such an issue?
In Februaty, US West chatlenged a
edwoard Falis ardinance i� set staadards
far instaltiag fiber optic ca.bie 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 Nfinnesota Public Utilifies '
Commission (PUC) ta 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 �e city finm �enforcing the
ordinance, and allow them to iay their fiber optic
cable gending resolution of the matter before the
PUC. .
Didn't the District Court rule in fuvvr of
Redwood F'atls?
Yes. The L�ague �intervened on bebaif of �
edwood Falls eariy in the proceedings and
hired autside Iega1 counsel with expertise in
utilii� Iaw. Those effarts paid offwhen a Fifth
District Court Judge dismissed the Iawsuit
bmught by US Wes�k. In the order dismissing the
suit, the judge stated essentially that the state Iaw
ereating the PUC autl�arized it to reguiate�
telephone serv'rce providers but did not t�lce
away cities' right ta imp�se reasonable
Doesn't that settte things?
/� Not necessarily. The District Court ruling
.C-lprobably wi11 ha.ve Iittie bearing an the PUC
ruiing, which is expected later this summer. US
West may also appeal the Disirict Court ruling.
Regardless of what happens in these two arenas,
the Legislature will be laoking ai tlaus issue when
the 1997 session begins in January.
Why is this such an im,nortant issue?
.l�7�Ase implications of t�is case are e�aorm.ous.
de�regulation and competition among
tele�ammtmicatian and utility providers
continues, #here will be more and more demand
for access to the ground under city s�reets. A.11
kinds of businesses an.d utilities m.ake use of that
scarce space - te%phone campanies, cable
�elevisian companies, gas campanies, power
campanies - and so on. If cities are not aUowed
to m�an�ge the use ofthe right ofwa.y, sh�eets �� �� �
cauld be torn up re,gularly and underground
facilities cauld became a tangled rnaze. Imagine
yaur city completing a major repaving praject,
only to have the street torn up by a.utility
Ioakiag to install lines: I�magine the phoae calls
to city hall from irate residents if streets are
blocked off two or three times a year. Imagine
your:frustration when it becames obviou's that
lacal ta�ayers are being farced to subsidize
�egulat�o�s an� ta c�ge a r�o�able ��nchise pr�vate �in��st� an� pay �igher ta�c�s to buil�
11 1 1 1 � l� ��
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�
CITY OF MENDOTA HEIGHTS
�� �
August 2, 1996 �
To: Mayor and City Council
From: Kevin Batchelder, Ci Ad '�� r
�
Subject: Request from League of Minnesota Cities to Fund Right-of-Way Work Plan
At the City Council meeting on July 16, 1996, the Council considered a request from
the League of Minnesota Cities (LMC) to assist in funding a work plan to counter legal and
legislative challenges to local conirol of rights of way. The City Council did not act at their
July 16, 1996 meeti.ng in order to have staff determine the status of the request by the LMC.
The Minnesota Public Utilities Commission issued an order dismissing U.S. West's
petition for relief from local control of rights of way. (Please see attached 7uly 26,1996 Cities
Bulletin.) While this order clarifies the legal issues at this time, the LMC expects that this will
be a major issue at the Legislature. The League of Minnesota Cities is still proceeding
forward with their work plan components and the request for city contributions is still valid.
As of the 7uly 26, 1996 Bulletin, over 300 cities have approved their contribution to the LMC.
The League of Minnesota Cities is requesting that each member city coritribute to the
cost of developing and implementing this work plan. The LMC has estimated that the total
cost for this work plan is approximately $325,000. Their Board has put up $125,000 and they
are requesting that member cities cover the remaining $200,0{}0. They are requesting $771
from the City of Mendota Heights, as our suggested minimum payment.
Please refer to the 7uly 2, 19961etter from the League of Minnesota Cities requesting
our paiticipation in this matter. If City Council desires to participate aad fund our suggested
minimum payment of $771, or more, it would be charged to the Administrative Contingency
line item of the 1996 Budget.
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.
;
F.
�if
4
�
.f�yue of 1►ia,►,�catR C`;t;�
CiEi¢c promotiny �cae%i¢nae
Num�er 20
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e�l�ri
�uly 2b, 199b
l�ZPLTC issues order in US West proceeding
Joel Jamnik
Stating that US West sought relief
which wontd be "ineffective and
potentially divisive" if granted, the
Minnesota Public Utiiities Commission
(MPUC) today released its written
order and statetnent dismissing the
teIecammunications companies's
petition. The MPUC had voted on July
9 to dismiss the petidan, but city
representatives were concerned that the
formal written order could cantain
impr+aper or inflamrnatory statements
inconsisteni with the MPUC
proceeding.
"It's gratifying io see the legal
issues resolved in favor of cities, but
it's naive to think that the telecommu-
nications providers and other utiiities
will let this issue drop," said Jim
Miller, League Executive Director.
"The thought atl along has been, that
altimately, this .issue will be resolved at
the Legislatare. ThaYs where our next
challenge will come, and it will be a
farmitiab2e chalienge: '
The written order draws heavily
from the MPUC staff's brie�ng paper
to the Comrnission. It explains the
positions of the parties and the eon-
cerns of the MPUC. The
Commission's action is summarized:
"The Cammission will dismiss US
Wext's petition because the relief it
seeks would be ine�'ective and poten-
tially divisive. The Commissian will
require Minnesota telecommunications
providers to natify tJu Commissicrn if
they encounter local ordinances which
appear to confIict with the
Commission's e.rclusive authority. Thfs
nohficaxion will allow the Commission
to take action to p�tect the public
interest in ensuring telecommunica-
tions providers statewide access to
local rights-of-way on just, reasonable,
artcf non-discriminuiory ternrs."
The MPUC recognized that the
petition raised serious issues about the
scape of, and reladanship between, the
MPUC and municipal autharity over
tha installatian of teiecommunicatians
infrastructure. However, the order
stated that the relief sought was
"unlikely ta end conflicts between the
coznpany and municipaliEies" and
added, "in fact, it could e�cacerbate
tensions between the campany and
municipaii6es and cc�eate new intergov-
ernmental tensions, for no goatl
p��� „
'Ilie MPUC acknowledged that
"locat governments would correctly
view any Order ar rules coming out of
the requested proceeding as parely
Page S--- $3Q limii dropped Page 6--- PC5lnfarma#ion
The State Ganfsr�nce of Chie# Greater Minnesota Cities wiil soon
Judges reconsidered #heir earlier receive a packet of information on
decision to set ardinance PGS siting.
violations at $30.
advisory," that it "wou3d noi be an
efficient use of the Carnmission's ar
ather parties' resources to develop
advisory geiidalines on infrastructure
development " The orcier went on to
add ihat "obviausiy, the Cammission
cannot resolve conflicts between
municigai and Commissian aniharity
uniiaterally."
See MPIiC, pu,ge 4
� 1�`1� V�� continued from pagc I
��
The MPUC however, did indicate
its commitment to "nurturing competi-
tian" during this "pivotal time in the
history af telecommunications," and
stated:
"For competition to thrive,
however, atl,pozential market entrants
must hrzve ready and effective access ta
puhlic rights-af-way vn economicul
•and nvn-discriminatory terms. They
cannot face unnecessarily burdensome
•construction requirements. They
cannot face construction or permit fees
e�rceeding the costs they impose.
If all parts af the state are to
henefit fmm compelitian, murket
entrants cannvt face a hodgepodge of
conflicting local requirements. Thai is
why the Legislature has vested central-
ized, exclusive cont�l over the
�
consli•uctia: uf �elephvne lines,
exchanges, and service delivery in the
Commission....Municipatitr"es, mean-
white, retain authority aver the tocation
of tetecommunications faciliries and
have a rzght to require the repair and
restoration of sireets, atleys, and other
public areas damaged by the instal[a-
tion or operation of telecommunica-
tions facilities."
The MPUC stated that the facts
surrounding particular ardinances cited
by US West in its petitian were not
"develapeci in enough detail far the
Commissian ta reach firm canclusions
about whather they conflict with the
Commission's authority over public
rights-of-way," but that "they clearly
raise that possibility." The MPUC
indicated ttnat it wiIi, however, examine
each ordinance ta deterrnine whether it
violates statutary provisions giving the
Commission exciusive, statewide
4M Fund update
An investment alternative spansored by
the League of Minnesota Cides
What is the 4M Fund7
The 4M Futnd is a short-term money marice# fund specifically designed ta address the
c�mpreher�sive cash martagement needs of Mtnnesata cities anc! their instrumentalit'res.
Backed by the objectives of prpviding safety, liquidity and a campetitive yieid, the Fund is
comprised of #he highest quality, short-#erm irneshnents aitowabie under Minnesota
Statutes 475.66.The short term raature otihe Fund servesta minimize the effec#oichanges
in iMerestrates.The Fund is managed andserviced by Instght Irnrestment Managementand
MBIA-Municipai Investors Seniice Corpora�tion.A fixed rate pragram administered by dain
8oswa�ih Encarparated is availabie to 4M Fund participarrtss, offering such attematives as
certif�cates of deposit, U.S. Treasary and agency securitiss and comme�cial paper.
Market Update - July 8 through JuEy 19,1996
Short-term interest rates remained stable during this period. Afier fhe release of strang
employment figures on Juiy 5, many observers betieved the Fed miyht increase short-term
in#e�est rates very saon. 8u# cammer►ts by various Fed a#f'rciats, especiaiiy Chairman
Greenspan, indicate that the Ped believes that the economy is poised to staw on its own.
These corrwnents make it less iikely that the Fed wiil take any immediate action to raise the
Fed funds rate. The market still betieves #he Fed wilt raise rates after their iate August
meeting� Peobably by 025 percent
Dally Rates--Juty 8 thraugh duiy i9, 499&
lnterest Fund Average
Date Rate" Mahxity
7/08 4.97°k 26 days
�ros a.ss�o 2e aays
7l1U Q.97% 26 days
7/11 4.95°k 22 days
7112 4.95% 22 days
"interest rates are net of aIi appP�cabie fees.
Interest Fur►dAverage
Dafe Rafe` Maturrty
7l15 4.99g'o 1$ dayS
�i� s a.�s�o � a aays
7n� a.ss� tsaay�
7/18 4.98% 22 days
7�ss a.as�o 2z days
paily iMerest compounding, tree chedcing, Automated Clearing House (ACH) payment systems and
imrestmenteducationai opportuni#ies are amang theserv�ces offered bythe Fund. formareiniarmation,
please cali Stefanie Adams ot InsigM Investment Mana�ement at (800) 333-0813 or (612) 371-7275.
Page 4
authority over the construction �f
telecomrnunications infrastructure" and
"if it does, the Cotnmission will use all
availabie means from negotiation to
litigation, to assert its statutary author-
ity and discharge its statutory duties: '
T'he arder of the Cammissian has an
immediate effective date. �
Right of way fund
growing
Trn Busse
Cities ranging in size from Wolf
Lake (population 33) to Austin
(popaiation 22,000} have paid more
than $ I6,{i00 ta the League fund
recently established to pratect tocal
management of the public rights of
way.
Every member of the League of
Minnesota Cities receivcd a letter in
early July explaining the rights of
way issue and asking each city to
pay into the fund. So far, 139 cities
have approved the payment.
"Thanks to the cities that have
already gaid into the fund," said Jirn
Miller, League Executive Director.
"If all cities follow their example, we
witi have the nesources to fiulIy take
on this chaiienge on:'
Soon after the I.eague Baac�d
appointed the Pubtic Rights of Way
Task Force, a three-pronge@ strategy
emerged to deal with this direct
challenge to lacal management. The
Task Force and League staff devel-
oped a work pian to address the
tegai, the legisiative and public
information demands ihat cities
faced.
With the dismissal of the US
lawsuit against Redwoal Falls in
District Court, and with the order
from the MPUC, cities have done
welI on the legai front. However,
this issue wiil uttimately will be
decided in the legislature. For cities
ta succeed, the resources mnst be
available to work effectively wiih the
� legislature and make facts suiround-
I ing the issue known to the public. Y
LMC Cities Bulletin
: �
�
t�
/
r,�� ofM�nn�o� c;E,�
C�h� �moh►,y �1�„�
Number 19
�,
tle•
s
•
etln
july 12, 1996
MPUC dismissal of US West petition leaves
right of way questions unanswered
Joel Jamnik
While the League of Minnesota
Cities has won a second victory over
US West in the company's ongoing
battle to restrict cities' authority
regarding rights of way, many ques-
tions about city authority to manage
rights of way remain.
On Tuesday, July 9, the Minnesota
Public Utilities Commission (MPUC)
voted 40 to dismiss the petition filed
by US West in February. That petition
asked the commission to exercise its
"exclusive" jurisdiction over public
rights of way.'Iiie victory was not
unqualified, however, because the -
MPUC also voted to provide in its
order for dismissal an interpretation of
its authority over the provision of
telephone services.
The actual motion to dismiss was
to:
"Issue an order dismissing the
petition but also interpreting the
extent of the Commission's
authority under Minn. Stat. §
237.16, subd. 1(a)(1).
Require telephone companies to
notify the Commission of any
municipal ordinances or other
local government actions that
appear to infringe on the
Commission's jurisdiction."
Consequendy, though the Com-
mission will not act or rule on the
merits of the petition and assert its
jurisdiction, it seems intent on using
the dismissal order to officially tell
cities, utilities and the Legislature what
qualifies as its statutory authority or
jurisdiction over public rights of way. It
is not a surprise that US West and other
similaz utilities indicated unqualified
support for this action.
The MPUC not onlyhas reached a
somewhat convoluted and ambiguous
result, but it was accompanied by
statements from MPUC Commission-
ers that indicated great sympathy and
support for telephone companies and
their customers, and little sympathy or
support for cities or citizens. It seems
as though the Commission and the
utility companies agreed that cities
should be responsible for managing the
public's right of ways, but should not
actually manage those resources, and
certainly should not impose conditions
on the use of rights of way, or any
Page 3— Rights of way �Page 13 — Cities Week 1996
Confusion eXists over US West's Plan now for Cities Week 1996 —
view of managing public rights of Making Cities Count — Preserving
way. • our Qualify of Life.
"peculiaz" chazges that would be
considered unreasonable by the
telephone utilities. All of the parties
acknowledged that the Legislature will
ultimately be asked to settle the
dispute.
See MPUC, page 6
, ._
�
What does ITS� `�'4�est want?
.. Jael Jamnik
Though imprecisaly draf�ed, the
petition filed by US West that was
recently dismissed by the MPUC cited
a num6er af reeent city ordinanees that
the cornpany believes infringe an the
Commission's jurisdicrion over pubtic
rights of way. By asking far the
Commission to exercise juris+dietiori,
the company saught to avoid being
bound by city ardinances or regula-
tians.
The documents fiied by US West
indicate that the following rnunicipal
actions ar requirements are at least
cansidered unreasonabie, if not
unauthorized and illegal, by the
campany: `
• Encase ali fiber within the city
lirnits in concrete;
• Execnte easemant agreernents in
which the city purparts to grant
authority to use the right of way;
• Fay a fee af 2.b cents per lineal
foot per year during the term of the
easement;
• Execute a limitatian of liability
agreement with the city limiting
liability of anyane cutting cable to
�2,1}40; -
• Provide the city with pmprietary
informarion concerning the
specific telecammunicatians
services intended ta be pravisioned
over the fiber placed in the right of
Waj��
• �fOVidB Sfilt8iri8RtS COriGCtriitig i%S
intention to seil, convey, lease or
otherwise allow another the use of
its fiber,
• Acknowledge city autharity over
telecommunication faciliries;
• Pravide a permit fee whieh "shal!
be set from time to tirne by the
City Gouncil by resolution;" and,
• Deposit, priar ta cammencetnent
af work, security in a sufficient
amount as determined by the
directar #'ar compietion of work
with the security to be held until
16 months after work is com-
pleted.
July 12,1996
Fo[lawing the MPUC's decision
on Tuesday, Mary Hisley, a US West
spokeswoman, was guoted in the
Minneapotis Star Tribune as saying that
the dispute "is not just a franchise fee
issue. The issue is who has substantial
authority over the public right af way."
May 31. i996
Robat Be,nke. Mayor
Ciry of New Brightoa
803 Sth Avenut N.W«
New Bri$hioa IvEN 55112•2992
Deu Maytx Beako:
These statements seetn to dif£er
from what the campany toid Minnesota
mayors in a recent letter (see below).
tranically, the letter is dated May 31,
the very date that the Redwood Caunty
District Court ruled against US West's
legal challenge af ssveral of the city
actions tisted above. �
ti�c�owr�r�navs (�1
As part of my ongoing efforts w provide you with updatas aa various issues
cunatning iekcommunicatiinns. I un writing to advise yoa of reaat sctivides
regacding tfic pubtic right-of-arny.
As yoa may knaw. U S WES'C Communiadons is wa�iciag witL the PuWsc Utii"xtics
Caanmission. the Minaesow Tckphoae Associaticw. the Depusmmi of Fubi'sc
Se.rvicees and t1�e Leagae of Minnesata Cities in �n :tumpt w bring anifamity so tLe
public right-af-way pumitting pcoass. -
Our efforts davc facused on ensucing Ihe eafo�cement of municipat Patitae P6wu
interest ova the public rights-of-way whik cluitying the M'uuxwti Pubtie Utility
Commissiou's jucisdialon over tclephane campsniet sad thc subsuntive issues nnder
which acxess ta the publsc right-af-wny may 5e o6taiaed.
U S WFSf wishes it to be clear that it does nat advocate:
• Txking away aay autlwaity ciaes have uadu cxisting Minnesota Iaw. ar
• ModifyIn� a climinatiag pmteaion ciwes cuneady hsve aadrr cxisting taw
cclaced ro liability associatcd wiW cight�af-way.
Ruhu u s NEST u� to:
• Mtinuin the atiocaGan af authority found ia uistiag statntas.
• Acknowledge and iespoct the potia poamr rights of maaicipalities to the
i«xaw, oe potes, wises ana ott:es� «luipmenc
I[ you have any quesdoas or wou2d U'loe w discuss this iswc, Pl�sa Sive me a call �
663-5730. If you profa to write, my address is:
�ny �mo
U S WEST Cammunicadons
200 South Sth Strat, Raaro 390
Minneapo]is, MN SSA02
or
kkolbo�uswes�com
Thank you for youc time.
s�n�ay,
�����
��y �mo
Commnnity Affairs Marsager
Page 3
j--
League urges city support of
right of way initiative
The MPUC's recent action on the US West petition under-
scares the irnportance of implementing the I.eague's right of way
management initiative. Because the right of way issue is lilcely to
be a dominant issue in the 1997 legistative session, it is imperative
for cities to maunt a concerted effart to educate city officials,
citizens and iegislatars to ihe implications and public costs
intrinsic W this issue.
I.etters were sent to all I.eague rnembers in earty 7uly astting
for their consideration and suppart for valuntarily funding this
I.�ague initiative. If your city council has not.yet discussed
pazticipa6ng in this effort, we hope you will include this item on
yaur next city council agenda For more informadon contact Jim
Miller at (612) 281-i200 or (80U) 925-i 122. �
�.sl�. V�+� c�onfinued fmm page i
The legal effect of the MPUC
action is unclear, therefore, the
I.eague's advice ta members will have
to wait until the actual order is drafted,
releas�d anfl subsequendy analyzed.
Hawever, MPUC staff made several
points in a briefing paper that indicate
the MPUC will interpret "their" staWte
to pravide them with expan�sive and
substantial authority and provide cities
with limited authority.
White cities may continue to adopt
and amend ordinances regutating the
use of pubtic rights of way, if the �
affected users challange the ardinance
in court they may find a iitigation
partner in the MPUC.
In arder to assist the MPUC
Commissianers, the MPUC staff
summarized and organizeci the cam-
ments made by all ths parties. MPUC
staff atso included their interpretations,
opinions and recammendations. A
review of seveial portions of the
briefing paper gives a fairly clear
picture of what the staff-drafted order
will avsntually look like. Full copies of
the staff briefing pager are available
fram the I.eague, either by requesting a
copy fram the IGR department, ar by
calting the falc hotline at (612) 215-
4039 and requesting document #64440.
Selected excergts from the
MPUC staff briefing paper
•... staff betieves that its recom-
mendation that the Co»rriussian issue
an order outlirung the Commission's
interpretation vf its uuthority under Ch.
237 will provide a more expedient, and
at lerrst as useful, solution than would
an �arpedired hearing, contested case
hearing ar rulemaking.
• There are. . . jurrsdicdonal
pr+oblems with regard iv the USWC
petition. .. the Commission has no
authority over municipalities and no
authority to strike down any city
ordinances.
• An order resulting fmm the .
Commissian's meeting on July 9 can
just as easily describe the �.rtent af the
Comrrtission's authority under Ch. 237
and be concluded in a much shorter
period of dme. lf a municipality adapts
an ordinance that infringes on the
Commissian's jurisdictian, then the
�
�
,
matter can be pursued in caurt, as
USWC has done in Redwood Falls.
• A state agency does have the
authority ta interpret the Legislature's
delegation of power to the agency, and
such interpretations by state agencies
are murinely granted deference by rhe
courts.
• . . . under 237.16, the Commis-
sion has 1he exclusive autharity to
authorize any person to furnish
telephane service while the municipali-
ties' authority is limited to speci,fying
the locazion af pales, wires, rznd oiher
equipment in the public right of way for
the sole purpose af ensuring the safe
and canvenient use af streets, atleys
and other public grounds by the public.
• Chapter 237 also confers upon
the Commissivn ather substantial
responsibilities such as ensuring that
rates are just and reasonable ... Ta the
extent that an'action by a municipality
woutd impact areas of Commission
responsi6ility, then the Commission
wvulr!' be concerned abvut that
municipat actian, For e,zcunpte, if a city
ardinance caused a telephone campany
to incar additio�al costs, and those
costs are in turn pmposed to be
recovered,fi�vm ratepayers, then the
Corrunissivn's ability to establish just
and reasonabte rates is a,�j`'ected. The
Commi.ssian has na authariry to require
a raunicfpality to repea[ czn ardinance.
However, ihe Commission shauld be
interested in learning of specific
municipal ordrnances which the
indusFry helieves a, fj`'ects the
Commissian's jurisdiction in order fvr
the Comntission to decide.whether ta
request, or join in a request, for
judiciat review of such an ordinance.
• Sta}J'believes that municipalities
do not have the authority to impose
franchise fees an telephone cornpanies.
•... staff agrees with those parties
who have argued that in today's
radically changing telecommunications
industry, the concern far statewide
unifarmity is of even greater impor-
tance. Parties must fuce uniform
regulation, with no signifccant harriers
to entry. Unique orclinances enacted t
by each municipality would be
problematic for the development of
competition. � "
Page 6 LlVIC Cities Bulietin
L-
�
di
m
.�aague of �,Minnetata Citres
G`'ties �rr»moting excel%r:ce
July 2,1996
�si � �° � :• ,. t' _' � t " '.'i 5
�. . . .
� � ; >.__..:5:._�....� • , . .
s�c.r-.�,r �
�� Jk�t.. �d a t�;�u i
� �:A
_�..s. : ��
�.l�.;�-+ _....�._..__..........,..�..
145 University Avenue West, St. Pau�, MN 55I03-244+4
� Plzone: (bl2) 28i-i200 • (800} 925-I122
FaX: (b1.2) 28I-1�99 • TDD (612} �$1-I2q0
L1ear Mayor Mertensatto and Members of the Mendata Heights City Council;
By now, you are probably aware of the rights af way issue facing cities in Minnesota. US
West's challenge to Iocai management of the public rights of way is one of the mast cntical
issues citi.es have faced ia years. It was a topic of considerable discussion at the Annual
Conference, where member cities supported the League Board of Directars decision to move
.forward with an aggressive work program and fina,ncing plan to counter ttus challenge. We need
your city to make a special payment ta 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 Boazd could
cost $325,OOQ or more. This assumes that a Iazge portian af the wark plan will be caordinated
by and implemented through League staff. The Boazd has agreed ta allocate $1.25,000 from the
cutrent League budget for the wark pla.n and is asking member cities ta voluntarily pay
$200,000.
Based on your city's 1995-96 .League dues, your suggested minimum payment is $771.
. Please consider this request in 7u1y and submit your payment by August 15, 1996 if at a11
possible. If each city meets their minimwn payment, the $200,000 target is reachable. Hawever,
because it is unlikely that all cities will join this voluntary effart, we encourage membexs to
allaca.te more if this inifiat[ve is of pazticular impartance ta them.
Twa impartant points shauld be made: First, this is a voluntary paymen�. As a member of the
League of Minnesota Cities, you are nat required to take gart in this ef�'ort. Hawever, if total city
payments fall significantly short of the $204,000 goal, the Lsague will not be able to fully
undertake the wark p1an. Secand, your voluntary paymenx should not be canfi�sed with your ��
League membership dues which will be billed at the beginning of Segtember.
The Board of Directors and I understand that this issue must be weighed against the priorities in
your city. However, we believe that #he pxospect of losing local cantrol af public property
wairaats this e�ctaraordinary effart. This is a complicated issue, glease consider it carefully.
Enclased is a brief infonnatian sheet to help you in your deliberations. If you have any
questions, contact me at (218) 643-1431, Lsague Exe�utive Director Ji.m h+Siller at (612) 2$0-
12Q5 or t84Q) 425-].122, or any member of the Baard of Directors.
Sincerely,
rC�� �
Blaine C. Hill
President, Lea.gue af Minnesota. Cities
GC; Ciiy Manager, At���UAZ UPYO%i�'t��IAFFIRMATNE ACTION EMPLOYER
_ --
!
r.-���� �
�����
�� �� � , ��
public �i�his af way
i�'hy did local management of public
rights vf way become such an issue?
�/� In Febntary, US West chailenged a
'`3.Redwaod Fa1ts ardinance that set staadards
far instaIliiag fiber optic cabie in the public right
of way. The ordinance charges a sma11 per foot
fee, requires fihe cable to be encased in concrete
conduit, or, if that isn't done, Iimits the city's
liability in case the cable is damaged. US Virest
asked the M'inaesota Public Utilities �
Cammission (PUC) ta take over jurisdiction of
city rights of way, and set aside any 1oca1
regulatians. Then, US West sued the city of
Redwood Falls in District Court. US West asked
the court to pr�vent the city fnam �nforcin,g the
or+dinaace, and allow them to 1ay their fiber optic
cable gending resolution of the matter before the
PUC. .
Didn't the District Court rule in favor of
.R�dwvr2d Falls?
Yes. The L�eague �int�nrened on bebalf of �
edwoad Falls eariy in the praceedings and
hired outside Iegat caunsel with expertise in
utility taw. Those efforts paid off when a Fifth
District Court 7udge dismissed the Iawsuit
braught by US West. In the order dismissing the
suit, the judge stated essentially that the state law
creating the PUC authorized it to regutate� �
teiephone service pmviders but did nat take
away cities' right to impose reasonable '
regulations and to charge a reasanable fianchise
fee for the use of their streets and services. The
judge wrote "...The public utility commission
regulates telephone camganies, not cities."
about
Doesn't that seftle things?
Not necesssarily. The Di.strict Court ruling
robably will have little bearing on the PUC
nuiing, which is e�ected later this summer. US
West may also appeal the District Court n�liag.
Regardless of what happens in these two ar�nas,
the Legislature will be looking at tbis issue when
the 1997 session begins in January.
Why is this such an importanl issue?
1��The implications of this c,ase are enarmous.
de�re:gulation and cc�mpetitian among
� telecornmimicatian and utiiity providers
continues, there will be more and more demazid
for access ta the grocuid tmder city sfieets. AII
kinds of bcrsinesses and utilities make use of that
scarce spa�e - tetephone companies, ca.bie
t�ievision campanies, ,gas campaaies, power
campanies - and so on. If cities are not allowed
to m�n,�ge the use of the right of way, streets .- -� '
could be tom up regulazly and underground
faciiities eould become a tangled maz.e. � Imagine
your city completing a major repaving project,
only to haye the street torn up by a.utility
Ioaking to install lines. I�magine the phone calls
to city hall from irate residents if streets are
blocked off two ar three times a year. Imagine
yoar�frustrat.ion when it becomes abviou's that
local taxpayers are being foreed to subsidize
private indastry and pay higher taxes to build
and �maintain city stceefis. � .
�So whai is the League of 11�innesata
Cili�s doing?
/� As the magxutude of this issue became
l�iclear, the L,�ague Board of Di�recfors
appointed a Righfis of Way Task Force to took at
what should be done. Through the caurse af
several meetin,gs, the Task Farce develaped a
wark pragram that invotves tegal, Ieg'tstative,
and public information strategies to protect
cities' mle in managing the public right of way.
The Task Force estimates that fuli
implementation of the work pmgram could cost
as much as $325,U00. The Board has agreed to
Snance this wark program by allocating
$125,OOQ from the current League budget and
asking member cities to valuntarily allocate
$200,000. '
�$200,000 is a lot of money. FYhat rs the
�easgue going to do with aXl of that?
e
The work p�an incl�des Zegat
presentation, work with legislative
leaders, and an e�ctensive st�atewide public
information campaign. Vithile L�eague s�taffwill
take on the bulk of this work, it's likety that
outside assistance will be n�ecied.
How did yau deeide how much you want
our city to pay?
/l Your suggested .payment is based on a
1`�iercentage of yoar city's 1995•96 League
dues.
Do we have lo pay? Kow will the payment
aJ�`'ect our dues?
�No city if required to pa3�. This is strictly a
voluntary payme��. A1so, it's ent�rely
separate from the L,�ague dues sta#emant your
city will receive in Sep#ember.
>
�
� I�t'hat �aur city decides not ta pay?
� That's yaur` choice. As a member of the
e of Minnesofa Cities, you are not
'required to take part in this effort. However, if
total city payments fail significan�Iy short of the
$200,000 goat, the League wi1l nat be able ta
futly undertake the-work pian.
Can our city pay more?
/� Certainly. In fact, we encourage members
.f 1xo allocate more ta this fund if this initiative
is of particular importance ta them. If all
member cifies meet their minimwn payment, the
$200,Q40 #arget is reachable • but it's unlikely
that every city will jain this voluntary effort.
After we pay, how can we stay up to date
on the issue? .
��We will keep you infarmed af any
evelopments through articles in Ciiies
Bulletin, dir�t m�ilings, and bmadcast faxes.
Cleurly, our payment is only part of the
solution. What else can we do?
The best thing city officials can do is stay
' ormed, and pass that infarnxation along to
as many others as possible. Discuss rights of
way with your 1oca1 editors and reporters; maice
local control a campaign issue far your House
and Senate candidates; ta� to yoar local �
Chamber of Comrrierce atwut the business
impact of torn ug streets; let taxpayers knaw
you're working to protect their inveshnent ut
s#reets.
I'm still confused. Who shvuld I cal�l?
If yau have mare questions, piease contact
e Executive Directc�r Jnn Miller at
�6 i2} 280-1205 or (800) 925-1122, or any
member of the Boazd of Directors.
`
�
CITY OF MENDOTA HIIGHTS
August 1, 1996
TO: Mayor, City Council and City Ad s or
FROM:
� 1:J'.�i
Kevin Batchelder, City Administrator and
7ames B. Danielson, Public Works D' r
TH 149 Vacant R.O.W. Planning
, At the 7une 1, 1996 workshop, City Council placed a high priority on determining both
a short term and long term disposition for the City owned property and adjacent vacant
MnDOT R.O.W. located in the northeast quadrant of TH 110 and Dodd Road. We feel that
conducting a workshop on the subject should be the first step in the process in determining a
course of action. If Council agrees with the workshop process, we ask that you give staff
guidance on the following questions in order to "get the ball rolling":
1.
2
Determine a date for the workshop
Determine who should attend the workshop; (Planner, Planning Commission,
Park and Recreation Commission?)
3. I3etermine what preliminary pre�aration should be accomplished. (We suggest
that at a minimum some planning graphics should be prepared showing the area
� involved for use in discussions and Planner McMonigal felt that five hours of
time t would be necessary to prepare appropriate site maps and preliminary
analysis of existing conditions).
._ K� �t��i� �11 ; Y � �
We recommend that a workshop be conducted to analyze the future of the Dodd
Road/TH 110 northeast quadrant.
�;T�M�1 � ;_ .1 J1� _ 1
If Council desires to implement the recommendation they should answer above
questions and authorize 5 hours f of planner time.
��
.
�
CITY OF MENDOTA HIIGHTS
�/ 1 �l�/ �
• ugust 2, 1996
TO: Mayor, City Council and City Admuu or
FROM: Larry E. 5haughnessy
SUBJECT: 1997 Draft Budget
On 1�esday evening, a copy of the draft Budget for the year 1997 will be distributed to
City Council. � �
We should have a Council workshop on the proposed Budget sometime before August
28th, so that the preliminary Levy may be approved on September 3, 1996.
I would suggest that we meet between August 8th and 12th or between August 21st and
27th.
: Y � � :_ � J1t_ _ 1
Set a date to conduct the budget workshop and review the proposed 1997 Budget.
CENTERLINE OF STATE TRUNK HIGHWAY 170
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Date:
Applicant:
Case No:
City of Mendota Heights
Variance Checklist
a. Fee ($50 Residential, $100 Commercial)
b. Letter of Intent
100
c. Abstract Listing of owners located within'] feet of property.
The applicant shall submit one signed copy of the application and the following supporting
documents:
7
3.
Sketch plan showing all pertinent dimensions, and including the location of any
easements, having an influence upon the variance request.
Written consent and waiver of public hearing, in a form prescribed by the City, by
the owners of property within 100 feet of the boundaries of the property for which
the variance is requested, accompanied by a map indicating the'lbcation of the
property in question and the location of property owners who have given consent,
or, lacking such consent, a list of names and addresses of the owners of property
within 100 feet of the boundaries of the property for which the variance is
requested.
If topography or extreme grade is the basis on which the request is made, all
topographic contours shall be submitted.
4. If the application involves a cutting of a curb for a driveway or grading a driveway.
the applicant shall have his plan approved by the City's Public Works Director.
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