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1996-08-20CITY OF MENDOTA HEIGHTS DAKOTA COUNTY,1bIINNFSOTA CITY COUNCIL AGENDA August 20, 1996 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of July 16 Minutes 5. Consent Calendar a. Acknowledgment of August 13 Parks and Recreation Commission Minutes b. Acknowledgment of August Treasurer's Report c. Approval of Carmen Court Replat - Final Plat Approval - Resolution No. 96-52 d. Approval of St. Thomas Academy Roger's Lake Boat Use Request e. Acknowledge Resident's Petition on Part 150 Sound Insulation f. Acknowledge Certification of Affordable and Life Cycle Housing Opportunities Amount (ALHOA) - Livable Communities Act g. Call for Hearing on Assessment Roll for Curleys Valley View Job No. 9311, Improvement No. 93 Project No. 4 - Resolution No. 96-53 h. Call for Hearing on Assessment Roll for Mendota Meadows Job No. 9506, Improvement No. 95 Project No. 1 - Resolution No. 96-54 i. Call for Hearing on Assessment Roll for Swanson's 2nd Addition, Job No. 9505, Improvement No. 95 Job No. 2 - Resolution No. 96-55 j. Call for Hearing on Assessment Roll for Ivy Falls South Addition, Job No. 9511, Improvement No. 95 Project No. 3 - Resolution No. 96-56 Approval of Plans and Specifications for South Plaza Drive Job No. 9606, Improvement No. 96 Project No. 1 - Resolution No. 96-57 Approval of Feasibility Report Pine Creek Estates and Part of L-49 Auditors Subdivision No. 3 Job No. 9304, Improvement No. 93 Project No. 1 - Resolution No. 95-58 m. Approval of Election Judge Resolution - Resolution No. 96-59 (Available Tuesday) Consider Friendly Hills Tot Lot o Consider Parks 5 Year Capital Improvement Plan p. Approval of List of Contractors q. Approval of List of Claims k. End of Consent Calendar 6. Public Comments 7. Presentation a. Presentation of Certificate of Excellence to Thomas Malchow b. Presentation of Air Noise Plan of Action 8. Unfinished and New Business - a. Approval of Bunker Hills Street Reconstruction Feasibility Report, Job No. 9514, Improvement NO. 96, Project No. 3 - Resolution No. 96-60 b. Accept Petition from Tilsens Highland Heights c. Refmancing of Lexington Heights Apartments - Resolution No. 96-61 d. Case No. 96-18 NSP Conditional Use Permit - Resolution No. 96-62 e. Consider MnDOT Cooperative Agreement Project - Dodd Road at Highway 110 f. Victoria Curve Pedestrian and Bicycle Safety Improvements g. Consider United Properties - Easement Acquisition - Resolution No. 96-63 h. Appoint Negotiation Team for Contract Discussion on Prohibition of Third Parallel Runway i. Approval of NDC4 1997 Draft Budget j. Consider Resolution to Join the Suburban Rate Authority - Resolution No. 96- 64 9. Council Comments 10. Adjourn Meeting to Budget Workshop on August 21. Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administration at 452-1850 with requests. CITY OF MENDOTA HEIGHTS TO: Mayor, City Council, and City A FROM: Marc S. Mogan MSM Civil Engineer MEMO trator August" 8, 1996 SUBJECT: Pine Creek Estates and Part of Lot 49, Auditors Subdivision No. 3 Feasibility Report Job No. 9304 Improvement No. 93, Project No. 1 HISTORY: The City of Mendota Heights received a preliminary plat application from Peter Knaeble to subdivide a portion of Lot 49 of Auditor's Subdivision No. 3, owned by Lloyd and Lucille Walker of 1760 Dodd Road, into three lots referred to as Pine Creek Estates. City Council approved the preliminary plat at the November 5, 1991 meeting (Planning Case No. 91-35). City Council subsequently passed Resolution 91-89 approving the fmal plat for Pine Creek Estates on December 3, 1991. The plat has been recorded for some time. The developer decided not to proceed with any City improvement project required to serve the lots with sewer and water until such time as the lots were sold. The lots have now been sold, and the developer has requested that the City proceed with the preparation of the feasibility report to serve these properties. Frederic and Beverly Peterson, the owner of Auditor's subdivision No. 3, south of Pine Creek Estates, has approached City staff about the possibility of subdividing that property into additional lots similar to Pine Creek Estates. At this time, no formal preliminary plat application has been submitted by Mr. Peterson. It is not apparent as to how many lots would be attained in subdividing Mr. Peterson's parcel. It is conceivable that the Peterson parcel could be subdivided into one additional flag lot, or two additional flag lots if City Council approved variances. The developer of Pine Creek Estates and Auditor's Subdivision No. 3 mutually agreed that this work would best be accomplished by constructing these facilities as a public improvement project, and distributing the costs of these improvements against the benefiting properties. The owners of the properties mentioned previously submitted a petition and waiver of hearing, which was accepted on April 15, 1994, for the construction of sanitary sewer, watermain, and storm sewer to serve Lots 2 and 3, Block 1, Pine Creek Estates and Auditor's Subdivision No. 3 near the northeast quadrant of Dodd Road and Marie Avenue. This feasibility report will summarize the design and costs associated with constructing the referenced improvements. - SANITARY SEWER: Pine Creek Estates is narrow and deep. The existing home at 1760 Dodd Road will occupy Lot 1. Lots 2 and 3 are flag lots served by a long common driveway which provides access to Dodd Road. Early in the preliminary plat application process, there was some consideration given to installing long sanitary sewer services to serve Lots 2 and 3. Cityspolicy requires a separate sanitary sewer service for each single family residential lot. The elevation of the sanitary sewer main in Dodd Road when combined with the long services, and required grade on a 4 inch gravity sanitary sewer service to serve Lots 2 and 3, makes construction of separate house services to each lot unfeasible. For these reasons, the only viable alternative to provide gravity sanitary sewer service to these lots is to extend an 8" sanitary sewer line easterly across Dodd Road from a connection to the existing 9" vitrified clay sanitary sewer main in the west boulevard in MnDot's Dodd Road right-of-way. MnDot will not allow Dodd Road to be closed for the installation of this sanitary sewer line by open cut construction methods. Consequently, this sanitary sewer line will have to be jacked under the highway to serve these lots. A section of this new sewer line will be extended northeasterly to the property line, in conformance with the Somerset Area Study Inventory & Analysis prepared in 1993, to facilitate future development to the north. Dewatering of the sanitary sewer trench may be necessary to install and construct this 8" sanitary sewer line. The additional construction costs associated with the jacked pipe crossing of Dodd Road, and the potential utilization of sanitary sewer trench dewatering techniques which may be necessary to install this sanitary sewer line, significantly increase the cost of this sanitary sewer construction. The estimated project cost for this sanitary sewer construction is $43,300. WATERMAINS: An 8" ductile iron watermain would be extended easterly from a wet tap connection with the existing 16" ductile iron trunk watermain in the east right-of-way boulevard of Dodd Road. An 8" watermain stub would be extended northeasterly to the north property line to accommodate future development to the north. � .As-built records indicate that the 16" trunk watermain and the sanitaty sewer line which will be extended easterly to serve these properties are constzucted at abaut the same elevatian. F.�cisti.ng topography constraints clictate that the elevation of the progosed sanitary sewer line not be adjusted to avaid this conflict. � situation may necessitate that the 16" trunk watermain be lowered to rectify this sanitary sewer and trunk watermain elevation conflict. The additional construction costs associated with the patential %wering of this tsunk watermain significantly increase the cost of t}auis watermain work. The estirnated pmject cost for ihis watermain conshuction is $29,704. STO�i1VI SEV4�ER: A cul�ert wauld be canstructed to convey starm water within Pine Creek under the comman dri�eway which pravides access from Dodd Road to Lots 2 and 3 of Pine Creek Estates and iha undevelaped partion of the Petersan properiy to the sauth. The estimated project cost for this starm sewer canstruction is $2,500. PRO.TECT CO5T SUN[MA]!iY: The total project costs including forty percent {4Q!) cantingencies, administration, and engineering overhead a.re summarized below: ITEIVI Sanitary Sewer W atermain Storm Sewer T(JTAL FINANCING• COST $43,340 $29,70U 2 500 $75,500 I consider the special constructian items which have been mentioned previously to be atypical for any improvement project,let alone a project of this small size. For this reason, I would suggest that the City �'unance only that portian of the pmject cost far these items which would Lypic�ally be expected in this type of praject an a per unit assessmant against the benefiting properties. These improvements will facilitate future development to the north, in additian to the progerty owners who petitioned for this pmject, and cansequenily I recammend that the cost of those items which would be considered atypical be distributed on the basis of the area served in acres, and be recovered by means of a service availability surcharge. i recommend that the service availability surcharge be added, at the time the assessments are adopted, to the per unit assessment cost of the respective pnblic improvement pmject canstructed to serve a property to determine the total assessment against that property. The deter�mivation of the service availability surcharge would be based on the gross buildable area. The gross buildable area would inclnde all public right of way, but would exclude any property deemed unbuildable 6y virtue af wetlands, topagrapbic features, or City or governmental agency unposed restrictions. UNI'r ASSESSMENTS: This improvement project was petitioned by the developers of Pine Creek Estates, and Frederic and Beverly Peterson who own the property to the south. �'he originai petition was submitted based on the assumption that the cost of these improvements would be assessed evenly between the Pine Creek Estates development, and the future suhdivision of the Frederic and Beverly Peterson progerty to the south. That rational implies that the P,eterson parcel could be subdivided into two additional lots similar to Pine Creek Estates, which would t� provide the City the opportunity to assess the proposed improvement costs against a total of 4 lots. There is no guarantee as to the actual number of buildable lots which may result from the subdivision of this Frederic and Beverly Peterson properiy, and therefore the number of future lots that would receive benefit from the construction of these improvements. At this point in tune, the are no plans to subdivide the Frederic and Beverly Peterson properiy to the south. It is assumed that the Peterson's would request a deferment for any proposed assessment against their p*operty un+il the pmperty is subdivided, or sold in the future. If, for any reason Auditors Subdivision No. 3 is never subdivided, the City runs the risk of never recovering any of this property's proportionate share of these proposed improvement costs. The proposed method of assessment for spreading the typicai project costs for these improvements would be on a ger unit basis. For the reasons stated previously, I recommend that the costs of these improvements be assessed against the Peterson parcel on the basis of a total of one lot, and Pine Creek Estates on the basis of two lots. The preliminary unit assessment for the proposed 'unprovements are summarized as follows: Sanitary Sewer $16,300 Watermain $16,000 Storm Sewer 2 500 TOTAL UNiT ASSESSMENT $34,800 Total Number of Assessable Lots 3 The proposed unit assessments against the 3 benefited properties for Lots 2& 3, Block 1 & Part of Lot 49 Auditor's Subdivision No. 3 are as follows: $11,600 SERVICE AVAILABILITY SURCHARGE: For the reasons stated earlier, I consider the concept of spreading the costs previously identified as extraordinary construction items over the entire area served to be a reasonable proposition under the circumstances. The service area is approximately 27 acres excluding � wetlands, and some of the currently accupied property. The proposed service availability surcharge area is as shown on the attached exhibit. The service availability surcharge costs attributable to the undeveloped property to the north and south would not be recovered until, and to the extent, the property develops. The preliminary service availability surcharge cost for the proposed improvements aze summarized as follows: • - Sanitary Sewer Watermain TOTAL SERVICE AVAII.ABILITY SURCHARGE Total Gross Buildable Service Area in Acres The proposed service availability area surcharge per acre is as follows: TOTAL ASSESSMENTS: Pine Creek Estates: Unit Assessment 2 � $11,600/Lot Service Availability Surcharge ($1,SOU/acre x 0.94 acres) Total Assessment Pine Creek Estates per lot Assessment: $24, 600/2 Lots $27,OU0 1 700 $40,700 27.0 $1,500 $23,200 1 400 $24,6(}0 $12,300 These proposed sewer and water assessments are lugh, but they are comparable to the per lot development costs for lots on Spring Creek Circle in the Spring Creek Acres development. These properties were assessed $11,317 per lot for sewer and water in the fall of 1987. The Peterson's $11,600 per unit proportionate share of this impmvement cost, plus the $1,500 per acre service availability surcharge cost would be recovered, plus accrued interest, at the time the property develops by means of a connection charge. SIINIlVIARY: This improvement project is expensive. Some of this additional expense is a result of the configuration of the Pine Creek Estates plat, and some of it is due to some extenuating circumstances. I have divided these two different costs into separate categories. Those costs which I would attribute to the configuration of Pine Creek Estates, I suggested would be assessed on a per unit basis. Those costs which I would attribute to extenuating circumstances would be recovered by means of a service availability charge on an area wide basis at the time a property develops, and would be added to the per unit assessment to establish a totai assessment against a particular property. Under the scenario described above, the preliminary totai assessment agai.nst the Pine Creek Estates lots is estimated to be approximately $12,300 per lot for the two lots. The balance of the $75,5(}0 preliminary improvement project cost estimate, or $50,900 (67°b) plus interest at the going rate, would be recovered at the time vacant property develops. REC011iiIlVIEENDATION: This project is both technically and financially feasible from an engineeri.ng standpoint and can be accomplished as proposed independent of any other project. The improvements, if ordered, could be designed and conshucted in the Fall of 1996. I recommend Council review and accept this feasibility report, and order the preparation of plans and specifications necessary to cover the construction of the proposed improvements. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 96-_, RESOLUTION ACCEPTING PETITION, ENGINEER'S FEASIBILITY REPORT AND ORDER PREPARATION OF PLANS AND SPECIFICATIONS TO CONSTRUCT SANI'rARY SEWER, WAT�, AND STORM SEWER IlVIPROVII��ENTS TO SERVE PINE CREEK ESTATES AND A PORTION OF LOT 49 AUDITOR'S SUBDIVISION NO. 3. (JOB NO. 9304, IlVIPROVIIVIENT NO. 93, PROJECT NOe 1) MSM City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 96- RESOLUTION ACCEPTING PETITION, ENGINEER'S FEASIBILITY REPORT AND ORDER PREPARATION OF PLANS AND SPECIFICATIONS TO CON5TRUCT SANI'rARY SEWER, WAT�, AND STORM SEWER IlVIPROVIIVIFNTS TO SERVICE PINE CREEK ESTATES AND A PORTION OF LOT 49 OF AUDITOR'S 5UBDIVISION NO. 3 (IlVII'RO`'EMEN'r NO. 93, PROJECT NO. 1) WHEREAS, the City Engineer has submitted his report to the City Council with respect to the proposed construction of the following improvements to serve Pine Creek estates and a portion of Lot 49 of Auditor's Subdivision No. 3 with respect to the proposed construction of the following described improvements: The construction of an extension of the City's sanitary sewer system, including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particularly described. The construction of an extension to the City's water distribution system including appurtenances and incidentals thereto, and the acquisition of easements, and the reconstruction where necessary of streets and easements in the area hereinafter more particularly described. The construction of a storm sewer system including appurtenances and incidental thereto and the acquisition of easements, in and for the area hereinafter more particularly described. , WHEREAS, Peter & Roberta Knaeble, James & Karen Tayler, and Frederic & Beverly Peterson, the owners of the properiy has heretofore in writing petitioned the City Council of the City of Mendota Heights requesting the above described 'unprovements and in said petition required that the entire cost of said improvements be assessed against said property; and WHEREAS, the City Engineer reported that the proposed 'unprovement and construction thereof were economically feasible, desirable and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota County, Minnesota and is more particularly described as follows: Pine Creek Estates and a Portion of Lot 49 of Auditors Subdivision No. 3 NOW THEREFORE, IT IS HEREBY RESOLVED by the Ciry Council of the City of Mendota Heights, Minnesota as follows: . 1. That the above described petition be and is hereby accepted by the City Council � of the City of Mendota Heights. 2. That it is advisable, feasible, expedient and necessary that the City of Mendota Heights construct the above descrihed 'unprovements, and it is hereby ordered that said improvement be made. 3. That the City Engineer be and he is hereby authorized and directed to prepare plans and specifications for said improvement. 4. That said improvement shall hereafter be known and designated as Improvement No. 93, Project No. 1. . Adopted by the City Council of the City of Mendota Heights this 20th day of August, 1996. ATTFST: Kathleen M. Swanson City Clerk � : Charles E. Mertensotto, Mayor ,; PROJECT LOCATION �. � � SERVICE AVAILABILITY SURCHARGE AREA T o� ioo� Zoo� , CITY OF MENDOTA HEIGHTS August 13, 1996 To: Airport Relations Commission From: Kevin Batchelder, City Adm`�� r Subject: Discuss Resident's Petition on Part 150 Sound Insulation DISCUSSION Attached is a copy of a petition from 24 households in the Rogers Lake Neighborhood inquiri.ng why their homes are not eligible for the Part 150 Sound Insulation program. Also enclosed is my letter of response to acknowledge the receipt of their petition. This petition is being forwarded to the Airport Relations Commission and to the City Council for consideration. As the Commission is aware, the City is currently advocating the expansion of the area of eligibility for both the Part 150 Sound Insulation Program and the area for noise mitigation procedures being considered by the MSP Mitigation Committee. The MSP Mitigation Committee is hosting a public meeting at the Thunderbird Fiotel, at 2201 East 78th Street in Bloomington, on August 29, 1996 at 7:00 o'clock p.m. ACTION REQUIRED The Commission should discuss the petition and forward any comments to City Council. • CITY OF MENDOTA HEIGFiTS August 15, 1996 To: 112ayor and City Council From: Kevin Batchelder, City Ad�u��t�tor Subject: Appoint Negotiatian Team for Contract Discussions an Pralubition of Third Parallel Runway DISCUSSIUN Mayor Mertensotta has recceived a letter from Mr. 7effrey Hamiel, F�cecutive Director of the Metropolitan Airports Comrmissian (MAC), requesting that Mendota Heights designate and individual, or team, to negotiate a cantract with MAC pnrsuant to recent Iegislation requining MAC to enter inta a contract with "affected cities" to prohibit a third parallel runway. {Please see attached Ietter.} Last session, as part af the Duat Track Iegislation, the Legislature required that MAC enter into a contract with each "affected city" t1�at would grohibit the constcuctian of any new parallel n�nway. The contract would provide that MAC may not construct such a n�nway without the affected city's approval. An affected city is any city that would e�rience an increa.se in the area located within the 60 Ldn noise contaur as a result of operations using a third parallel runway. The prohibition of a tlurd pa�rallel ninway is ane of, if nat the most, primary cancerns of Mendota. Heights regarding air noise and the operation of MSP. A third parallel runway would sig�ni%cantly impact the quality of Iife in our community and this cantract represents a great apportunity for Mendata Heights to have some degree of control on this issue. i ' 1 I' 1 Discuss the offer to negoti�ate this contract. If the City Council sa desires, they should pass a mation appainting a negotiating team and provide direction to staff an how best to proceed. 07i25i96 13:29 EXECTIUE -► 612 452 8940 N0.844 D02 _ , ��Po��g.�v �fl��s co�ss�o� . -�;`'; ;`•�. Minx�eapolis-Saint Paul Inte�national Airport � �T r=, 6040 - ZBth 3<<enue $outh • Mlnaeapalfe, ?1�41�' S545D-2799 = - PhoIIe (siz) 72s-81(la • Fax (��Z� 72s-32ss � + � J IJ � .• � ' 1 `'� '� �,o�T � Juty 23, 1996 Mayor Sharo� Sayies Beiton City of Minneapotis , City Hall — Room 331 350 South Frft� Street Minneapotis, Min�esota 55415-1318 Dear Mayo� Sayles Beitan and Mayor Mertensotfo: Mayor t�es Metttee�soifo Cif�r cf ll�e�tdoia t�ghfs 't 101 V'�ri� Cune Mendohi l�eighfs. Minnesota 55'� 18 As ycu know, the Minnesata Legislature in 'i996 adopted �rpter 464, dir+�ng fhe � Metropolitan Airpons Comrr�ission to proceed with implem�on of ti�e Year 2010 Lor�g Tenn Gamprehensive Plan. As a part of ihat legistation. M�1+� is dir�cted io errter into a coMract with each "affected city" providing that MAG may itv# eansiruc� a�iRi paralle! rvrnnray at Minneapatis-St Paul t�temationat Airport witfiaut the a�d cif�s approvai. ft is otu determination that the cities of Mi�rieapoiis and Me�dota �is are "affede� cifies" as used in the Legislafion (aftached)_ _ Pursuarrt to the l�gislatian, the contrads are to be er�iened � by Ja�t�a�r t, 4997. In order to meet this legislaa�e requirement, I wou(d ask that each af yreu. ot� bef�atf of yeur c�ty, designate an indivtdua! er ieam to nego�ate an agr�ment ta compty wi�t� �e legislation. I have asked MAC General Cvunsel Tam Anderson to lead �p the team repr,esenting MAC and would ask that yau cortfaet him dirediy as soort as an �ndvidua� ot team has been selected. Thank yeu far yaur consideration and coopera�on. V rq truly you , - "' '� 1•�-2t'R.. Jeffr W. Hamiel Executive Directer � �Et Commissione�s Thomas W. A�derso� The �tetrop4e�[an A3rpuns t:..rar.i.t��.a .+ s� r:i::��i�•e n�i:oa et��ja�.r. � Page No. 1 July 16, 1996 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 16, 1996 Pursuant to due call and notice thereof, the regulaz meeting of the City Council, City of Mendota. Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota. Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:45 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. ' �L�� „��`` AGENDA ADOPTION Mayor Mertensotto stated that SuperAmerica has requested an G� a�egeh�to its developers agreement. He informed the audience that so a11 parties understand tne�city's intent, he would call a recess to allow Council to meet with legal counsel. Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 4 Nays: 0 ACKNOWLEDGMENT OF Council acknowledged an excerpt from the minutes of the MINUTES EXCERPT regulaz meeting held July 2, 1996 relating to NSP. MISCELLANEOUS Mayor Mertensotto stated that at the last Council meeting, a resident made a public statement that people are using the Mendakota Pazk, drinking beer and making much noise after 10:00 p.m. The resident ha.d sta.ted that she had contacted the police and they did not respond. He informed the audience that all phone calls that aze made to the police deparfinent are logged and the logs are retained, and that the City Administrator has checked to see if calls were made. Administrator Batchelder stated that there were two instances in 1996 in which the police received calls about Mendakota Park, and in both instances the police deparhnent responded to the calls. He stated that in one case the police chased away two adults who were still in the park, and in the other instance, a call about people drinking in the park, the deparkment sent three squad cars and no one was there. � Page No. 2 July 16, 1996 SLURRY SEAL BIDS Council acknowledged a memo from Engineer Mogan regarding bids for the slurry seal project. Since only one bid was received, Mayor Mertensotto asked if the bid is acceptable and if staff has checked on the contractor, who is from Wisconsin. Public Works Director Danielson responded that the bid of $43,610 is within the range of the engineer's estunate of $43,000 and that the contractor does seal coating throughout Minnesota. and is a reputable contractor. Councilmember Smith stated that as a former resident of Madison, she can say that the contractor, Struck & Irwin Paving, is a lazge and reputable firm in Madison. Councilmember Krebsbach stated that people in the Avanti azea have requested seal coating, and asked when the area was last treated. Public Works Director responded that engineering keeps specific records, which he will check, that the area is not included in this year's program but can be placed on the list for 1997. Councilmember Smith moved to accept the bid of $43,610 and award the contract for the 1996 Slurry Seal Project to Struck & Irwin Paving, Inc. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 RIGHT-OF-WAY PLAN Council acknowledged a memo from Administrator Batchelder regarding a request from the League of Minnesota Cities to fund the "Rights of Way Work Plan." Mayor Mertensotto reviewed the recent LMC bulletin regarding the Public Utilities Commission's response to the U.S. West/City of Redwood Falls lawsuit. He explained that potential problems of no city regulation of rights-of-way and the LMC proposal, giving a history of the lawsuit. He stated that the purpose of the LMC solicitation was to make sure there are sufficient funds for the League to represent the cities. Councilmember Krebsbach stated that the League has been involved in the issue for two years and she felt Council should support the request. Page No. 3 July 16, 1996 Cou.ncilmember Smith stated that the League is contributing $125,000 to the effort and is asking the cities to contribute $200,000 for development of the work plan, legal representation, working with the legislature and also outside consultants. She asked why the amount is so high if the League is doing the bulk of the work. Mayor Mertensotto asked Administrator Batchelder to follow up on the status of the PUC review of the US West petition before Council takes any action. He felt that the League's main concern is that the cities who feel really strongly should step up and give financial support. Councilmember Smith agreed that it is an issue Council cannot ' ignore and she would be willi.ng to support the request but needs more information. �,c Councilmember Huber arrived at 8:00 p.m. w �� ..,� ` RECESS Mayor Mertensotto called a recess at 8:03 p. to give Council an opportunity to meet with legal counsel,�- uperAmerica/Dakota Bank representatives to make sure there is no misunderstanding as to Paragraphs 10 and 11 of the Site Plan and Development Agreement. The meeting was reconvened at 8:57 p.m. LOGO SIGNS Council acknowledged a memo from Administrator Batchelder regarding Mn/DOT'S logo sign progra.m and a recent complaint from a resident about the installation of a billboard on southbound I- 35E at the approach to the T.H. 110 exits. Council also acknowledged a letter of complaint from Ms. Elaine Rose-Ruderman and copies of communications between Administrator Batchelder and Minnesota Logos. Mr. Sid Ruderman, 1860 Eagle Ridge Drive, informed Council that he looked out his window one morning only to see McDonald's arches on a sign and the sign and azches are garish. He then called Administrator Batchelder to complain and ask what could be done. He stated that the Administrator has done a wonderful job in responding to the complaint but that he wonders if anything more can be done. Mayor Mertensotto informed the audience that Minnesota. Logos has responded to the Administrator's letter by stating that city approval is not required for the signs because Mn/DOT has approved them. He stated that Minnesota Logos calls the signs directional signs for the traveling public, and that Administrator Batchelder has asked � Ayes: 5 Nays: 0 � Page No. 4 July 16, 1996 Council for direction since Minnesota Logos' response was that it does not have to remove the signs. He felt that Council must take action to tell Minnesota. Logos and Mn/DOT that the signs are not directional signs that give the simple direction of food, hospital or hotel, etc., but rather that they are billboard signs divided into sections that advertise specific businesses and Minnesota. Logos sells advertising space on them. He pointed out that the signs are promoting private enterprises and are not giving direction. He stated that where the signs aze does not deternune whether city approval is needed and that the city regulates billboards and signage within the city and does not allow billboards on highways. He further stated that Council thinks Minnesota Logos' interpretation is not correct, that the signs are not directional signs, but aze billboard signs which specifically advertise businesses. He felt that Council should direct the City Administrator to notify Minnesota Logos that the Council orders them to remove the sign, and further, that if the sign is not removed the city will consult with legal counsel to determine what action to take. Councilmember Krebsbach stated that she would like to have letters sent to the city's legislative representatives as well. Councilmember Smith stated that even if the words food or gas, etc., were added, the point is that this is paid advertising and not directional signage. Councilmember Smith moved to direct the City Administrator to respond to Minnesota. Logos that Council has deterniined Minnesota Logos' response to be inaccurate, that the sign is a billboard advertising sign and not a directional sign and that Council orders Minnesota Logos to remove the sign because city approval was not granted for installation of the sign. Councilmember Koch seconded the motion. VICTORIA CURVE TRAIL Council aclaiowledged a memo from Pazks Project Manager Kullander regarding installation of a separated trail along Victoria Curve. Councilmember Krebsbach stated that from the ballfield to the corner of Hunter Lane there is considerable neighborhood and pedestrian traffic that end ups in both traffic lanes. She sta.ted that the traffic now cuts from T.H. 110 onto Victoria Curve and a safer walkway must be provided. She felt that the walkway needs to be extended from the ballfield to Hunter Lane. Page No. 5 July 16, 1996 Mayor Mertensotto responded that the precedent Council would set is whether general fund money would be spent, ra.ther than Special Park Fund money, to complete the estimated $20,000 to $25,000 project. - � Councilmember Krebsbach stated that she has not considered financing, as her concern has been that there were two children biking from the west recently and a caz did not see them and came very close to hitting them. She stated that it is very difficult, coming around the curb, to tell which side of the street someone is walking on. She did not think it would matter which side the walkway goes one, as pedestrian and bicycle traffic is on both sides of the road now. Mayor Mertensotto suggested that Mr. Kullander look at locating the trail on the other side, and that the matter then be refened to the Pazks and Recreation Commission. He felt that perhaps the trail would be less costly to construct on the south side. Councilmember Smith responded that the trail would make more sense on the north side, since people would have to cross the road many times if it were constructed on the south. Mayor Mertensotto stated that because parking is allowed on th� south side but not the north, it makes more sense for the trail to be on the north, but if the trail is too costly that would be another issue. Council directed Parks Project Manager Kullander to look at the feasibility and cost of the trail and give the projections to the Parks and Recreation Commission. CASE NO. 96-18, NSP Council aclrnowledged a memo from Administrator Batchelder regarding continued discussion on an application from NSP for a conditional use permit for essential services and mining and a variance for a fence higher than 6 feet with barbed wire. Council also aclaiowledged a memo from Assistant Hollister, NSP data from noise readings taken at the NSP site, a noise survey of the Rogers Lake Substation provided by Ms. Shazon Sarappo of NSP, and a copy of the MPCA noise pollution control rules. The following individuals were present on behalf of NSP: Mr. Pat Cline, Mr. Joe Mansur, Ms. Sharon Sarappo, Mr. Dave Callahan, and NSP legal counsel Hazold Bagley. Mayor Mertensotto explained that Council had continued the discussion from the last meeting to allow the city the opportunity to � Page No. 6 July 16, 1996 retain an acoustical expert. He stated that Mr. William Kroll has been retained on behalf of the city. Mr. Kroll stated that he is an engineer specializing in acoustics. He briefly reviewed his background and expertise. Mayor Mertensotto stated that one of Council's concerns is that there is a constant 24 hour a day hum out of the substation and Council gives the maximum effort to reduce that sound. Mr. Kroll stated that the PCA noise regulations relating to L10 and L50 are not applicable to this situation. He stated that the hum is not an average type noise but rather it is a humming and buzzing that stands out above the background noise. Mayor Mertensotto informed Mr. Kroll that NSP proposes to take out a transformer and not replace it. He asked if that would reduce the noise. Mr. Kroll responded that it may reduce the noise but it may add to the noise. He stated that the three transformers at the site all appear to be different - the number two transformer, at the south west corner, seems to be the loudest. He stated that if all three transformers were the same level, the human ear could not tell the difFerence if one were taken out. Responding to a question from Mayor Mertensotto, he stated that wind tends to break up noise but it is hard to predict. Mayor Mertensotto asked what the city could discuss with NSP to reduce the hum. Mr. Kroll responded that he has not had enough time to really investigate the situation or walk the entire site as he was just retained two days ago. He stated that noise can be sluelded, and, with respect to adding a capacitor bank, some are quiet and some sing like crazy. He stated that it is impossible to tell what can be done at this point. Mayor Mertensotto informed Mr. Kroll that NSP proposes not to add anything to the steel wall to dampen the sound. He asked what the affect of the noise is coming off of steel. Mr. Kroll responded that three things happen - when the noise strikes the steel, some will bounce back and go some place else. Some of the noise will be absorbed by the steel at frequencies which could make the noise worse. He further stated that sometimes on a � m Page No. 7 July 16, 1996 body of water, people can be heard talking across a lake, and that can happen in this situation also. He explained that it is a matter of having a design that could be made to work and the wall could be made sound absorbent. He stated that right now, because of the depression, the noise travels up the hill. He stated that the extreme would be to build a house all around the station, but suitable walls with the right design�could take care of the noise. He explained that the wall would have to be quite high to the north and west, about thirty feet tall, and it would have to be solid. He stated that the wall must be massive. He explained that noise from a source likes to travel outward, but if it is penned in it must dissipate some place, and NSP must make sure the noise goes up. Councilmember Krebsbach stated that she cannot see Council wanting a 30 foot tall wall. Mr. Kroll responded that there is a gradual slope to the north, and the wa11 would have to be appreciably high because of that. Councilmember Krebsbach asked Mr. Kroll's opuuon on the steel wall that NSP proposes to install. Mr. Kroll responded that if the wall is a sheet pile wall with a lot of earth around it, it will not vibrate significantly or add to the noise level. Mayor Mertensotto stated that his concem was that NSP cover the wall to dampen the sound. Mr. Kroll stated that one side of the wall must be so well da.mpened with fill or something and it must be filled in the inside with a dampening material. Mayor Mertensotto stated that now Council can go back to NSP to tell them that Council has heard its experts statements, and NSP will likely tell Council that it meets the PCA standards, but Mr. Kroll has informed Council that the standards to not apply in this case. Mr. Callahan responded that since NSP consulted with the PCA for guidance, and the PCA indicated that its guidelines did apply to this type of noise. By way of background, Mr. Kroll stated that several months ago he was an expert witness at a widely publicized trial about church noise. He stated that he said in this case the PCA regulations are hazdly applicable to a loud hum, as there is a discrete 10 dB penalty - a continuous 120 hertz hum. He stated that it is cynical to apply the PCA rules in this case. 1 Page No. 8 July 16, 1996 Mr. Callahan asked if Mr. Kroll has any estimates on the cost of his recommendations. Mr. Kroll responded that he is not in the estimating business but could take the design to a contractor for an estimate. Mr. Callahan stated that NSP looked at walls and looked at a wall on the north side. He stated that the potential cost would be $100,000 to $200,000, and he is not sure about Mr. Kroll's statement about practically reducing the sound. Mr. Kroll responded that sound reduction can be done and has been done many times in the past, and that $100,000 to $200,000 for attenuation is a practical expectation in relation to the overall cost of the project. Mayor Mertensotto asked if Mr. Kroll has come up with any incremental sound reductions. Mr. Kroll responded that there can practically be about a 12dB reduction for 120 hertz. He stated that it is a matter of being a good neighbor, not just meeting the PCA rules. Mr. Ca.11ahan stated that NSP has done some things to reduce the noise, removing a transformer and adding unfiltered capacitor banks which do not produce noise. He further stated that NSP proposed to extend the sound wall on the west end where the noise is greatest and to put the fill that is being removed in other areas of the site for berming. Councilmember Krebsbach asked what the excavation depth of the wall is. Mr. Callahan responded that at the northeast corner it would be 16 feet. Councilmember Krebsbach pointed out that the wall would only project 14 feet above the ground. Mr. Kroll stated that to the north, a 30 foot wall is needed. Mr. Callahan responded that people would not be looking at a 30 foot high wall to the north, but rather at a 14 foot wall and if Mr. Kroll is suggesting that 30 feet is what is needed to attenuate, that is an extremely tall wall except that if it is built on the berm it would Page No. 9 July 16, 1996 only need to be 14 feet tall. He stated that from the northeast corner of the substation to the sheet pile wall would be 16 feet, and along the east line of the substation it would taper down. Councilmember Smith stated that Council's question on July 2 was if a wall needs to be built, would steel be the best. Mr. Callahan stated that from a structural standpoint, steel was selected. Mr. Kroll asked for a clarification on which transformer is to be removed. He stated that the transformer in the southwest corner appeazs to be the loudest. Mr. Callahan responded that that is the transformer being removed. �' He stated that the middle transformer would be the closest one to the wall. Mayor Mertensotto sta.ted that he understands that NSP has not had an opporiunity to meet with Mr. Kroll. He suggested that Mr. Mr. Kroll meet with the NSP representatives and review the NSP design, so that he can give NSP his specific concerns and NSP can discuss remedial measures that may be feasible. Subsequently, Council can see if it can work out an agreement with NSP that enhances the substation site. Mr. Callahan responded that reference has been made that NSP should spend some percentage of the total project cost on sound reduction. Mayor Mertensotto stated that Mr. Callahan has stated that it was not feasible to spend so much money, and that he (the Mayor) said that if NSP were to spend $4 million for the project, $200,000 is not unreasonable for sound attenuation. Mr. Callahan responded that reference keeps being made to a$4 million project and therefore a percentage of the money should be spent for noise reduction. He stated that NSP must be concerned about rates and is regulated by the Public Utilities Commission. He stated tha.t there are 150 substations in the metro area, and NSP tries to be fair and treat all communities in a consistent manner. He stated that NSP does not go beyond the letter of the order and has done some extra things in the Mendota Heights project with landscaping and the wall extension. He stated that NSP feels it meets the tests, and the Planning Commission agreed and recommended approval of the proposal. He further stated that NSP Page No. 10 July 16, 1996 is within the guidelines now and is willing to guarantee that the substation will be within the MPCA guidelines that the city has adopted in its ordinance, but that he would be willing to meet with Mr. Kroll. Mayor Mertensotto asked Mr. Callahan if he would be willing to meet Mr. Kroll to see if something can be done that is feasible and reasonable. Mr. Callahan stated that he would listen to Mr. Kroll's proposals and respond to them but cannot make any commitments. Councilmember Krebsbach stated that this is a major substation and an existing condition but with the sensitivity of the residents to air noise, when there is an opportunity to reduce noise, Council tries to reduce it. Mayor Mertensotto stated that NSP must look at this as long term investment and if Council can improve on the noise that is generated by the facility, it should do it now. He further stated that the city needs to be involved and someone from engineering should monitor the process. Mr. Callahan asked if the city would give up some of the landscaping if the sound is a primary issue. Mayor Mertensoto responded that if NSP is not effective in reducing noise, Council will do what needs to be done. He asked Mr. Callahan to advise city staff when he plans to meet with Mr. Kroll, and a staff representative will attend the meetings. Mr. Bagley stated that what NSP has done is apply for a conditional use to do some mining, and the only thing he has heard about is noise. Mayor Mertensotto responded that the city's residents have asked Council to do something with the constant hum. Mr. Bagley stated that the facility is an existing substation and NSP is not doing anything to the transformers. He further sta.ted that NSP is asking for a permit to put in a capacitor that will not generate more noise and to do mining, but as a good neighbor, NSP will add landscaping and a wall to reduce noise. He stated that the existing noise is not what the improvement or permits are about, and for NSP to make a$4 million improvement that produces no noise, the City � Page No. 11 July 16, 1996 is asking N5P to reduce existing noise that will remain unabated if no improvements are made to the facility. Mayor Mertensotto stated that the substa.tion will be there for many yeazs, and Council is aslcing for NSP to improve the noise situation if it is economically feasible. He explained that Council is considering an application for conditional use permit, and conditional use permits impose conditions. Mr. Bagley responded that he does not want to create any false hopes but NSP will work with Mr. Kroll. He sta.ted that the city's performance standards for noise are the PCA standards and the PCA has reviewed the NSP readings and told NSP it is in compliance with current standards. He further stated that the PCA will do before and after testing free of charge. He stated that the city has hired a consultant for $2,500 to give consultation which NSP feels will result in $200,000 walls that NSP will not built, since NSP is required to meet the performance standards in the city's ordinance. Mayor Mertensotto stated that it is not a question of addressing standards as much as it is dealing with a nuisance. He further stated that the residents aze telling Council that the noise is a nuisance, and that the noise elcists all of the time. Further discussion was continued to August 6. SUPERAMERICA City Attomey Hart reviewed the revisions to Sections 10 and 11 of the SA agreement. He explained that the new language is that the city may make the final decision regarding approval of the RICAD either before or after MPCA approval. He s tated that the city must get involved irnmediately upon receipt of the proposed RICAD, make any objections and withhold final approval until there is an approved RICAD. He stated that the city has 30 days from receipt of the proposed RICAD and must comment in that 30 day period; the city then has 60 days following receipt of the final approval and must make its final decision on approving the RICAD within 60 days, so the city has two levels of scrutiny. Mr. Jim Ellerbe, representing SuperAmerica, stated that the changes suggested by Attorney Hart are acceptable to SuperAmerica. Mayor Mertensotto stated that the revised language clarifies what has been approved in principle. Mr. Ellerbe agreed that it is just clarification. Page No. 12 July 16, 1996 Mayor Mertensotto stated that section 11 clarifies that the dollaz amount is up to $50,000. Mr. Ellerbe responded that the clarification is acceptable. Mr. Jim Walston, attomey for Dakota. Bank, stated that the terms discussed this evening are acceptable to the bank. Mayor Mertensotto stated that Council will put the matter on the consent calendar as faz as clarifying items ten and eleven of the site plan and development agreement, and SuperAmerica/Da.kota Bank can then proceed with its closing and get on with the development. CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for the meeting, revised to move item k, 5-year pazks capital improvement plan, to the regular agenda and to add development agreement modifications to the consent calendaz, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the July 9, 1996 Parks and Recreation Commission meeting. b. Acknowledgment of the minutes of the June 25, 1996 Airport Relations Commission meeting. c. Acknowledgment of the Treasurer's monthly report for June. d. Aclrnowledgment of the Fire Department monthly report for June. e. Acknowledgment of the U.S. West Sibley High School antenna agreement. f. Approval of a schedule of payment for 1997 between the city and MHAA for the provision of portable BIF toilets at the St. Thomas, Visitation and St. Peter's Church ballfields. g. Adoption of Resolution No. 96-43, "A RESOLUTION AMENDIGN THE CONDITINAL UE PERMIT ALLOWING FOR A SECURITY FENCE AT MENDAKOTA COUNTRY CLUB." h. Adoption of Resolution No. 96-44, "RESOLiTTION ORDERING THE PREPARATION OF ASSESSMENT ROLL FOR CURLEY' S VALLEY VIEW AND � Page No. 13 July 16, 1996 SURROUNDING AREAS (IMPROVEMENT NO. 93, PROJECT NO. 4)." Adoption of Resolution No. 96-45, "RESOLUTION ACCEPTING WORK AND APPROV�NG FINAL PAYMENT FOR MENDOTA MEADOWS (IMPROVEMENT NO. 95, PROJECT NO. 1)." j. Approval of the probationary transfer of Nancy Bauer to the Engineering Secretary position and Linda. Shipton to the Utility/Administration Secretary position in accordance with a memo of recommendation from the Public Works Director and City Clerk, along with authorization for staff to advertise and recruit candidates for the Receptionist position. k. Adoption of Resolution No. 96-46, "RESOLUTION APPROVIlVG FINAL PLAT FOR MENDOTA HEIGHTS SENIOR HOUSING ADDITION." 1. Approval of the list of contractor licenses dated July 16, 1996 and attached hereto. m. Adoption of Resolution No. 96-47, "RESOLUTION APPROVING FINAL PLAT FOR MENDOTA HEIGHTS SENIOR HOUSING ADDITION. n. Approval of the List of Clauns dated Ju16, 1996 and totaling $1,676,928.65. o. Approval of the modification in the wording of Pazagraphs 10 and 11 of the Site Plan and Development Agreement between Dakota Bank, SuperAmerica and the city. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 PARK CIP Council acknowledged a memo from Pazks Project Manager Kullander regarding the proposed parks five yeaz capital improvement program recommended by the Parks and Recreation Conunission. Councilmember Smith stated that she was looking for the addition of tennis courts in the Hagstrom/King Park. She stated that when Council discussed the Kensington Park, there was discussion on tennis and the sta.tement was made that there was room at Page No. 14 July 16, 1996 Hagstrom/King and the area was graded. She pointed out that the residents of the Kensington area felt that tennis courts would occur in a reasonable time. Public Works Director Danielson responded that Mr. Kullander had indicated to him that the tennis courts are in the program but that he forgot to add them. Administrator Batchelder stated that last year's CIP did include tennis courts at Hagstrom/King and that the tennis courts are one of the Park and Recreation Commission's priorities. He was not sure if the tennis courts were scheduled in the CIP for 1997 or 1998, but they aze on the original list and will be incorporated into the plan. Referring to the Pazks and Recreation Commission meeting minutes, Councilmember Smith stated that the reason for increased green space in the middle schaol site was because there was a drainage issue and to accommodate improved drainage control required that the soccer fields be narrowed by ten yazds. She stated that the safety of the homes behind the field was the primary Council concern and the reason why the change was made. She noted that one of the Commission members indicated that he did not understand why the change was made. Councilmember Koch moved to acknowledge the Parks Five Year Capitol Improvement Plan, subject to inclusion of the Hagstrom/King tennis courts, for future Council consideration. Ayes: 5 Councilmember Smith seconded the motion. Nays: 0 COiJNCIL COMMENTS Councilmember Krebsbach stated that she has been asked by a resident that there be a left turn lane going north on T.H. 110 from Delawaze Avenue. She also informed staff about an erosion problem on Arbor Drive. CABLE FRANCHISE Councilmember Huber informed Council that NDC-4 and Continenta.l Cable are getting into disagreements and the cable commission wants to get the issues resolved before there is a new operator. He stated that there will be a public hearing on July 24 on the matter and that NDC-4 must approve or deny the transfer to U.S. West. He informed Council that at the executive committee meeting last Wednesday, the committee moved to deny three variances for Continental. Mayor Mertensotto stated that Council should definitely support Councilmember Huber. He stated that he can see where if Page No. 15 July 16, 1996 Continental sells to U.S. West, U.S. West will ultimately have to divest itself of the franchise but could sit on a variance until the end of the franchise. He felt that it is a lame duck situation and U.S. West will not be concerned about the welfare of the system and nught regress on the services and quality now provided by Continental. He stated that Council should go on record as directing Councilmember Huber to vote to deny the acquisition by U.S. West, which would set the stage for objecting to granting any future variances. Councilmember Huber agreed, stating that the fianchise will expire in three to four years and it is important that Council be on record with its concerns. Councilmember Smith moved to authorize Councilmember Huber to notify NDC-4 that Council recommends that the transfer of the NDC-4 cable fiancluse be denied and that it is in the best interest of the city and the other joint powers members that the cable commission deny the transfer. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 COLTNCIL COMMENTS Mayor Mertensotto stated that the National League of Cities conference will be in San Antonio on December 7-10, and stated that any interested Councilmembers must submit their reservations by August 2. Councilmember Smith stated that she received a call from a resident to the west of Sibley who was concerned about the Dakota. County trail that will go along T.H. 110. The resident stated that there is significant wildlife migration across the highway and was concemed that a proposed fence that would confuse the animals and create a significant traffic hazard. Administrator Batchelder responded that the city has gone on record with Dakota County on two sepazate occasions about the trail and can comment again. He stated that the concern is legitimate. Councilmember Huber moved to notify Dakota County and any other involved agencies that Council does not want a fence between the pedway and the traveled portion of T.H. 110, where the trail transcends the city along T.H. 110. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 1 ` Page No. 16 July 16, 1996 COLTNCIL COMMENTS Councilmember Smith asked whether trails, especially in Valley Park, can be striped to keep uses separate. Public Works Director Danielson responded that striping usually is done on trails wider than eight feet. Councilmember Krebsbach suggested installing signs for single file on bicycles. Administrator Batchelder stated that staff will investigate the matter and bring it to the Parks and Recreation Commission. There was brief discussion over the timing of the traffic signal at Mendota Heights Road and Dodd Road. Administrator Batchelder updated Council on the Ivy Falls Park unprovements and informed Council that the HRA has asked Council's preference for a date for the groundbreaking ceremony for the senior housing facility. It was the consensus that 3:30 on July 31 is Council's preference. ADJOURN There being no further business to come before the Council, Councilmember Huber moved that the meeting be adjourned. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 [:]�M�1�.� 1� Chazles E. Mertensotto Mayor TIME OF ADJOURNMENT: 10:43 o'clock P.M. Kathleen M. Swanson, City Clerk �i a� � CITY 4F MEND4TA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION COMMISSION MINUTES AUGUST 13,1996 The regular meetvng of the Mendota Heights Parks. and Recreation Cornmission was held �an Tuesday, August 13, 1996, in the Large Conference Room at City Ha11, 1101 Victoria Curve. The meeting was called to arder at 6:35 PNi. The follawing members were present: Narton, Spicer, Liberacki, and Libra. Commissioners Damberg and Kleinglass were excused from the meeting. Also present were Engineering Technician Guy Kullander, Recreation Programmer Chris Esser, and Administrative Intern Patrick C. Hollister. APPRt�VAL OF 1VIINUTES C4rnmissioner Norton maved to approve the 7une 1 l, l��E> NrIIIUt6S Wit�i rit} COif8Ct1017S. Commissioner Libra seconded the motion, AYES: 4 NAYS: Q ! ' 1 1 :11 � � • ' � t Ms. Sylvia Nelson appeared before the Parks and Recreation Co�r�nission to request improvements to the "Friendly I3ills Tot Lot." Ms. Nelson stated that the children of the surrounding neighbors had lost the use ofthe park for two seasons due ta the stockpiling of constructian debris and other materials. Ms. Nelsan continued that although the contractor had done an excellent job of grading and Ieveiing, the seeding did not take due ta excessively rocky ground, minimal topsoil and a lack of rain. Ms. Nelson presented the foliowing "wish list" fc�r the Friendly Hi11s Tot Lat: 1. Picking up of Racks, the Addition of Topsoil, and Reseeding this fall 2. A 4'-wide bituminous "Trike-Track" ar "Tread Walk" around the perimeter ofthe pa.rk for Tricycles, Strollers, `Big Wheels", e#c. 3. Four trees 4. One or twa Park Benches and a Picnic Table 5. A half-court basketball pad and backbaard an one of the corners [Commissioner Linnell arrived at this point.] Chairman Spicer informed Ms. Nelsan that the afficial positian of the City is that this parcel is not a park. Chairman Spicer continued that the City does not want to incur responsibility for another "Tot Lot", having learned from previous experiences with another "Tot Lot". Nevertheless, Chairman Spicer added, planting trees in the City is always a good idea, and he would entertain a motion to recommend that the City Council authorize.the planting of additional trees on this parcel. Commissioner Libra moved to recommend to the Council that they authorize Staff to do the following: . 1. review the site restoration and reseeding of the parcel by the street contractor 2. install at least 4 trees to be paid out of the street reconstruction project. Commissioner Norton seconded the motion. AYES: 5 NAYS: 0 Ms. Nelson complimented the City on its excellent maintenance of City parks, thanked the Parks and Recreation Commission for their motion, and said that she would attempt to revive the now inactive Friendly H'ills Homeowner's Association for other future improvements at the tot lot. VICTORIA CURVE TRAII. Mr. Kullander informed the Commission that Council had directed Staffto look at the possibility of providing a trail along Victoria Curve and to present the plan to the Commission for review. Mr. Kullander provided the Commission with the following scenarios: 1. E�end the City's trail system along �ctoria Curve and pay for it from the Special Park funds. 2. Widen the shoulders on both sides of Victoria Curve with funding from the Road and Bridge Department or some other fund source. Commissioner Liberacki moved to recommend that the Council select the second option, widening the shoulders on both sides of �ctoria Curve if Council desired to improve roadway safety from City Ha11 to Hunter Lane. Commissioner Libra seconded the motion. AYES: 5 ' NAYS: 0 2 i � .� . � .�.� E . � . s Mr. Kullander informed the Commission that Councit had inquired about the possibiiity of striping the bike trail in Va11ey Paxk. Mr. Kullander continued that the MnI70T literature on the subject recommends against striping bike trails �ess than 20 feet wide, which is the case with the City's bike trail. Mr. Kullander cantinued that an alternate passibility would be cutting down trees and excess brush along the bike tra.ils, as necessazy, where there is bad visibility. 1Vir. Kullander added that arny saf'ety concerns along the bike trails were really a matter-of visibitity and poor site distances rather than traffic vatume. Mx. Linnell maved ta recommend that the Council not paint the trails, but instead bnxsh out a minimurn of four feet on both sides of the trail where possible (rernoving only those trees that are a direct safety hazard} and revisit the issue of striping the trails after the clean-out had been completed. Mr. Libra seconded the motion. AYES: 5 NAYS: 0 E�=�ifi/�i�7�=��i��1►:� Mr. Kutiander explained that Cauncil had inquired about the absence of a new tennis court at Hagstrom-King Park in the five-year Capital Irnpravement Plan recammended by the Parks and Recreation Cammission. Commissioner Libra stated that the Tennis Courts the City currently has are rather lightly used, and thai #hey aze quite e�ensive to construct. Mr. Kullander infarrned the Cornmission that the Barton-Ashman 1985 Park and Recreation Facility Needs Study manuai recomrnends that the City have eight tennis caurts, Mr. Kullander added that the City eurrsntly has 12 courts with an additional 8 at Sibley H'igh School and 3 at Visitation, for a total of 23 courts. Mr. Kullander added that ta his knowledge the city had received no written or oral correspondence from residents asking for a new tennis court. Chairman Spicer asked that Staffrelay the following sentiments ta the Council: 1. that the City already has mare tennis courts than it needs 2. that the City had received no wntten requests for additional tennis courts 3. that a new tennis court constitutes a"big-ticket" item which is not customarily put in the Parks 5-year CIP 4. and that the Parks Commission was mainly in the business of responding to need 3 (Although all Commissioners present appeared to concur with the above, no formal motion was rnade to that effect.) BANG BOARD Mr. Kullander infarmed the Commission that the City had received a request for a"bang board" at the Friendly Fiz�Is Tennis Court from Mr. Brian Muthyala. Mr. Kullander added that bang boards should be physically separated from the rest of the teannis court so as not to intezfere with normal tennis ptay. Chairman Spicer said that any such Bang Baard should have a sign that prohibits its use during normal tennis play. Mr. Spicer asked Mx, Kullander how much a bang board would cost. � Mr. Kullander replied that it wauld cost fram $3000-$4000 dollars to add one at an existing court. Chairman Spicer directed Mr. Kullander to write a letter to the resident requesting the "bang board" stating that the Parks and Recreatian Commission had discussed his request and had decided ta reconsider the installation of a baag board at any new tennis court ' which rnight be built in the future. � CROSS COUNTRY SKI T12AILS Mr. Kuiiander informed the Commission that he and Commissioner Narton had continued work on developing a Cross-Country ski trail in Valley Park. . Chairman Spicer asked if it wauld be possible ta create even a segrnent af this trail in time far this winter. ' Mr. Kullander answered fihat the Par 3 Golf Caurse had expressed a wiilingness to wor1� with the City this fall to develop a trail on the Par 3 Golf Course. Commissioner Norton moved to authorize the expenditure of up to $10,044 from the Speciai Parks fund for the creation of a segment of the proposed Cross-Country ski trail (most likely linked ta Par 3� in time for this winter while investigating other possible saurces of revenue. Commissioner Liberacki seconded the motion. AYES: 5 NAYS: 0 Chairman Spicer requested that this item be placed again on ne� month's agenda. 0 M : [Chairman Spicer excused himself from the meeting at this point.] CELEBRATE MENDOTA HEIGHTS PARKS! Mr. Esser informed the Commission that everything was on schedule for the fifth annual Celebrate Mendota Heights Parks on Saturday August 24. Mr. Esser added that he would like to especially thank volunteers Strom, Weisenburger and Burline. Mr. Esser continued that Commissioner Klei�iglass had �lready volunteered, and that there was still a need for additional volunteers. � Commissioner Libra asked why the Celebration would be held in August this year instead of the usual July. Mr. Esser explained that by the time he was hired as Recreation Programmer, he found himself "at the mercy of the Scheduling Book" and that August 24 was the best remaining date. Mr. Esser also expressed his regrets that there would be no softball tournament coinciding with the Celebration this year, which is typically a major draw to the event. Mr. Esser concluded that he is already taking steps to assure that the 1997 Celebration will occur in July, complete with the softball tournament. REV�W OF SUM1��R PROGRAMS Mr. Esser produced a summary of the Summer Programs he received from ISD 197 Community Education. Mr. Esser said that the estimate of 201 total Mendota Heights children participating was probably too high by 40 kids. Commissioner Norton added that even accounting for such an error, the programs still involved more kids than previous years. Mr. Esser added that West Saint Paul planned to pave one of their hockey rinks for off- season Rollerblade hockey and that he and Mr. Kullander would wait until West Saint Paul had one season of experience with this idea, consult them on its feasibility, and contemplate this possibility for Mendota Heights. FIVE YEAR CIP PLAN Commissioner Liberacki asked if the bids for items such as"Porta-Potty" enclosures and bleacher pads should be "lumped together" in a single year in order to save money on volume. Mr. Kullander said that this would be possible. Commissioner Linnell moved that the expenditures for all 10 porta-potty enclosures be moved into the 1997 column under Special Park Funded projects and to request that Council consider including this expenditure in the 1997 City Budget. 5 Mr. Liberacki seconded the motion. AYES: 4 NAYS: 0 � �s�:�;F�s:i111ZC1 � � Comnussioner Linnell moved to request that the Council reconsider the $8,000 for replacement hockey baards in Wentworth Park as a maintenance item rather than a Special Parks Funded item. Commissioner Liberacki seconded the mation. AYES: 4 NAYS: 0 Commissioner Libra maved ta commend the Council on allocating funds far a full-time Recreation Programmer. Comirriissioner Linnell secanded the motion. AYES: 4 NAYS: 0 Gommissioner Linnell moved to recommend that if development of the land around Lake Agusta accurs the Council should cansider the passibility of acquiring mc�re than the required 10% park dedication as this is the last undeveloped land in the City. Commissioner Libra seconded the motion. - AYES: 4 NA�S: 0 BASEBALL FlELDS As directed by the Parks Commission at a previous meeting, Mr. Kutlander presented an update for possible Baseball field development at two sites: 1. Nartheast Quadrant of Dadd and 110 (The upcaming workshop between Council and the Planning Commission wilt look at possibie development aptions.} 2. Friendty Marsh Park (This v�ould large enough, but there is no direction from Council to look further at this site.) 0 i � Comtnissianer Linnell asked if a new field would be possible at Mendota School. Mr. Kullander replied that it wauld not. Camrriissioner Linnell directed Staffto ask the Council when it plans to evaluate the - passibility of new fields at Friendly Marsh Park, and ta tell them ihat the Pazks Cammissian was awa.iting directian frorn Council on the matter. NY PARK LANDSCAPE IMPROVEMENTS Mr. Kullander iraforrned the Carnmission that some plants had apparently been stoten, roots and all, from Ivy Falls Park. Mr. Kullander stated that ather plants did not survive the winter. Mr. Kullander added that althaugh the Contractor had replaced the dead plants as guaranteed, he would not replace stolen glants. In a separate item, Mr. Kullander reported ihat the local Boy Scout volunteers had provided from 15-18 boys working for ? hours to help improve Ivy Falls Park. Mr, Kullander e�lained that the Scouts had picked rocks,�-spread-wood chips, installed landscape edging and replaced plantings. The Carr�rnission suggested that the Scouts be thanked iri the ne� Heights Hilites and that Chairman Spicer send a thank-you letter to each volunteer on behalf af the Parks and Recreation Comn�ission. UPDATES Updates ware provided by Staff an the fallowing items: • NSP Substation • CIS Trazl Map • Dadd Road Trail * Summer Basketball * Parks Repart • Police Report C��11 ��ii a�� Motion ta adjourn made by Liberacki and seconded by Libra. AYES: 4 NAYS: 0 The meeting adjourned at 8:55 PM. Respectfully Submitted, � � Patrick C. Hollister � � C1TY QE NlENDOTA HEIGHTS TREASURER'S REPORT, JULY 1996 DAKOTA, I N C. Checking Account 1.05% Savings Account 2.15°l� C.D. Rep. 3.00°/Q Cailateral - Bonds Gov't. Guar. CHERQKEE STATE BANK Saving Cert, 8/22i96 @ 3.f3°�� Collateral - Bonds Gov't. Guar. LaSaiie Bank CD 5 '11217°l0 FHLMC 7.23% 12/97 FBS 6.40% FNMA 6.1$°!0 12199-96 FHL Mtg. Pool 8% (PRU) F'M�.� 74/4 IYl��. PooE {PRU} PAC FMLC 6 1/4% Mtg. Pool (PRU) FNMA 6°la Pool {PRt1) FHLMC 6% Pool @ 1 Q1.4375 (PRU) FNMA {1994 Pool} 6 'I12°!o {PRU} U.S. Treasury Money Mkt. (FB5) Gov't. Securi#ies Fund Zero Cpn T.Bds 7.9% - 2011 (J&M) PRU Gav't Sec Fd T4TA� FUNDS AVAI�AB�E Funds Available '12131/95 Funds Available i/30/95 Rates Money Market Apr 30 Bank 2.85°l0 ��y 30 FBS 5.18% LES:kkb BALANCE $50, 243.8p $594.52 O.Op $50,838.32 `� 1! fi! f1 �, �� $'E 3,952.59 $13,952.59 �, �� ff ff� �f $95,000.00 $5Q0,00$.00 $500,00$.00 $221,901.22 $454,972.30 $383,969.09 $503,'I 80.34 $233,0$8.36 ��ss,�z2.�o $1,841,462.4$ $9 ,002,4i0.00 $197,53q.00 $420.�0 $6,161,835.40 $7,895,846.39 $5,$54,751.00 COLLATERAL °�.�� f� $6Q0,000.00 Value 5-30-96 (es#� $95,OOQ.00 $502,500.00 $5Q0,000.00 $223,000.00 $435,000.00 $365,000.00 $A�78,fl00.00 �z�o,oao.00 $253,000.00 $2,965,000.00 $2,325,000.00 $320,000.00 $420.04 � CITY OF MENDOTA HIIGHTS August 14, 1996 TO: Mayor, City Council and City A tor FROM: James E. Danielson, Public Works Direc SUBJECT: Carmen Court Replat - Final Plat Approval Case No. 96-07 Attached is the final plat for Carmen Court Replat submitted by Mr. Carmen T�minelly. The City Council approved the preliminary plat for this replat at their Apri116, 1996 meeting. This final plat conforms to the preliminary plat design as approved by City Council on April 16th, with one minor exception, the lot line between lots 2 and 3 has been adjusted slightly to protect an existing mature pine tree. The sanitary sewer service for newly created lot 3 is to be extended along the east property line of lot 2 and be connected i.nto the City main located along the north properiy line. A$750 park dedication fee needs to be paid prior to fmal execution of the plat by the Ciry. t_ _ ��/ I�/ I�! �. M_ 1� The fmal plat as submitted conforms to the preliminary plat as approved by the City Council at their April 16, 1996 meeting and I recommend that it be approvec�. M 1 � ,__ I �1�_ 1 If Council desires to implement the recommendation they should pass a motion adopting Resolution No. 96- "Resolution Approving Final Plat for Carmen Court Replat". � � CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA - RESOLUTION NO. 96- � RESOLUTION APPROVING FINAL PLAT FOR CA,RMEN COURT REPLAT WHEREAS, a fmal plat for Carmen Court Replat has been submitted to the Council; and WHEREAS, the City Council has reviewed said fmal plat. NOW THEREFORE IT IS HEREBY RESOLVFD, by the City Council of the City of Mendota Iieights, Minnesota, as follows: 1. That the final plat of Carmen Court Replat submitted at this meeti.ng is hereby approved. 2. That the appropriate City Officials be and they are hereby authorized to execute the final plat on behalf of the Ciry of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 20th day of August, 1996. CITY COUNCII. CITY OF MENDOTA HIIGHTS ATTEST: Kathleen M. Swanson City Clerk � : Charles E. Mertensotto Mayor ti CITY OF MENDOTA HEIGHTS August 14, 1996 TO: Mayor, City Cauncil and City Ad tor FROM: James E. Danielsan, Public R�'arks D' SUBJECT: St. Thomas Academy Rager's Lake Boat Use Request Attached is a letter of request fram Mr. Joe Reymann, Chairman Science Department, St. Thomas Academy, to once agaui have the City grant St. Thomas Academy a variance and allow his class to operate a motorized pontoan boat on Roger's Lake for the purpose of obtaining sampies to continue their Iake studies. �__ � U�U1__�I� ;. �i � �► I recommend that the City Council grant the St. 1'homas Academy Environmental Studies class a variance from Ordinance 1201, Section b, allowing them to operate a motor�ized pontoon on Roger's Iake far the purpose of conducting tests and obtaining samples to continue their lake water quality stud'res. The variance should be granted subject to the time fi�ma established within their August 12, 1996 letter of request and subject to the class presenting a report to the City Council on the results of their study. :, � � � s_. � 1E:_ M If Councii desires to ixnplement the recammendation, they should pass a motran approving a variance allowing St. Thomas Academy to aperate a matoriz.�d pontoon on Roger's Z,ake for the purpose of conducting tests and obtaining Iake sampl.es subject to the time and dates called aut in their August 12, 19961etter and subject to the class presenting the results af the tests ta the City Cauncil. � August 12, 1996 Dear Mendota Heights City Council, The Environmental Studies Class at St. Thomas Academy would again like to request your permission to use our pontoon boat on Roger's Lake. The boat would be powered by an electric motor and be on the lake only in the afternoons between one and three o'clock. All on the boat would be wearing life jackets and be under the supervision of the instructor. The purpose of our being on the lake would be to gather deep water samples for our on-going study of the lake condition. We anticipate the start of this project to be around the second week of September and wauld run into October to complete it. We meet as a class every other day. We would like to present our findings to you, as we have in the past, in the spring of 1997. Thank you for your consideration of this matter. I look forward to hearing from you. Sincerely yours, oe Reymann Chairman - Science Department CITY OF MENDOTA SEIGHTS August 15, 1996 _ To: Mayor and City Cauncil . From: Kevin Batchelder, City Ad �` r Subject: Acknowledge Resident's Petition on Part 150 Sound Insulation Atta.ched is a copy af a petition from 24 househalds in Rogers Lake neighborhood inquiring why their homes are not eligible for the Part 150 Saund Insulation program. Also enclased is my letter of respanse to acknowledge the receipt of their petition and t� provide additianal information. The Airport Relations Commission reviewed tlus gedtion at their meeting on Wednesday, August 14, 1996. The Commission felt it might be wise to send a secand letter to these residents informing them of the public meeti.ng that the MSP Mitigation Committee is hosting on August 29, 1996 at 7:40 o'clock p.m., at the Thunderbird Hotel in Bloomington located at 2201 East 78th Street. Mendota Heights has been advocating the e�ansion af the area af eligibility for Pazt I50 Sound Insulation during our participatian on the MSP Mitigatian Committee. The Commissian felt that the upcoming public meeting was a good opportunity for the residents to voice their cancerns as well. � • � �t � Acknawledge the receipt of the petition fmm 24 househalds in the Rogers Lake neighborhoad. If the City Council concurs with the Airport Relations Cammission they should direct staff to mail a second ietter announcing the date and time of the MSP Mitigatian Committee's public meeting. ' r t'ec.' cSl C�'S �% � �i lo August 5, 199� M�yor Charler� Mertensotta and City Council 11fl1 Vzctoria �urve Mendota Heights, Mn 5g118 Dear Mr. Mayar and City Couricil: �_ This letter is wr3.tten ta pratest the air'plan� naise in our neighborhood- Cheri Lane. We ha"►e friends and relati�es living on Swan Drive attd Bluebill who have told us they g� a Ieiter giving thent $2��000 for repairs and replacements on their homes. We here on Cheri Lane have received no proposal or settlement li.ke this at a�.li Why? And, we've hearc3 S�. Thomas Aaademy and Visitatian Schools are getting 2y� Million dollars! The students are there on7.y 6 ta 8 hours a day, 9 months a year. The teachers are there prab�bly anly $ hours a ci�retc. Meatxwhile, we on Cheri Zane are in our homes 24 Hours a day, ? days a week, 12 months a year. And we get nothing. Why? If you at City �ia11 really believe there is na noise problem on Cheri La.ne we invite you to come oner here�and see and hear for 9aurseli. Do we have to take legal aation ta get a fair treatment like aur neighbors? When wiQT we hear fram yau on this? ,�/ �/ctr'�r•1 � I -[G�.r' �i�L' Sin e ely �% , y ��'�,,K,.,,,.,�. �; 1 �`! �1erc, ..�u.�rfc.�: �i . �'t.f-�'��.,�� To�1 7�e � � I�%:c�z�. i�'J,��,r�'!,% x Ro ert �eidner `-" � � 888 Ghera. Lane.� . � $ ��e ' �� , ; D� ef se f ��[/,� ✓��w--� .844ECh�ri I. e (�erry Nelson $95 �heri. L�e �� D 8 � ra. LauG�e�-� �l ��--�-�-�_ rit Rauache $$0 �heri L e ��'-�_.. �j 4�L. AZ'�OZp1 @2'CZ ri�jx�'r�tE�c'.` Zc�ilc .. $�4 Ch��. Laue " �.- U�� J cqu' liae Pe�G�rson $71 Cheri Lane �c.�?Z �,��:�.t. � -- Tom Schwartz $67 �heri Lane . ., Ron Kelle � � '" 866 Cheri ane ' �� , chrait� �55 �heri Lazte �� Lau Hur�n.tz $,58 Cheri Lan Jim page .�,,`�\ 843 Chera. Lane Te �..'� $ Che " L� � �,. G � (ti'�4� Todd Carlson $37_ C eri I� ! J� Rick Eri.ckson 8 2 Che Lan� v h �'�c�L� �.,��;�,^-� �'Y� ` G�. C. �'�t�G� 825 � ri a�� - ,�...�f.�.� � ��- Steve Hanson 826 Cher% Lane �� .�� "". im �.].burg � � l.� �.L�- �. ��E�r'C�" `� u�� `� �%� ;�", f.� �� ,�: ��«�: `: � Robert F. Weidner 88$ Cheri Lane Mendota Heights, MN SS120 Orit Rouache 880' Cheri I.ane Mendota Heights, MN 55120 Tam Schwartz 86'7 Cheri I.�tae Mendata Heights, MN SSi20 Lou Huivitz 858 Cheri Laae Men:data Haights, MN 55120 Jim Page 843 Chan Laae Mendota. Heigbts, MN SSl2A Rick Ericksoa 832 Cheri Lauae Meadota Heigbts, MN 55220 Tun Kitburg 819 Cheri L,ane Mendota Heights, MN SS12Q Dianne Martin 901 t�.eri I.ane Mendota Heights, MN SS120 Gerry Nelsan 89S Cheri Lane Mendota Heights, MN 55120 Larry Kazmierczak ' 8�4 Cheri Lane Mendota Heights, MN 55120 . Ron Keller 8b6 Chen Lane Mendota Heights, MN 55120 Tom Palmer Mary Kay Paltner 854 {�ori Lana Menciata Heights, MN 551?A Terry Zien 838 Chen Lane Menclota Heights, MN SS220 John Lapakko $?S Cheri I.ane Maudota Iieights, MN 5512i} Paul Maczko 901 Cheri Lane Mendota Heights, MN 551?A Monica Olsen 887 Cheri Laae Mendota Haights, MN 5512Q � a Dave Pace 879 Cheri Lane Mendota �Ieights, MN 55120 Jacqueline Peteisan $71 Cheri Lane Mendota. Heights, MN SS120 � Annette Schmittz $55 Cheri Lana Mendata Haights, MN 55120 Gary Dueffsert 844 Ch�eri Lane Mendota Heights, MN 55120 Todd Cartson 837 t�eri Lane Mendata Heigtxts, MN 55120 Steve Hanson Sue �Ianson 826 Cheri Lane Mendota ITeights, MN 55120 Pat Ranclall 902 Cheri Lana Mendata Heighfs, MN 55120 Rose M. Schmidt Gerald F. Schmidt 849 Cheri I.ane Mendota F%ights, MN 55124 � Cit o� ` Y .,.,�,,, � 1Viendc�ta H�i�l�.ts August 9, 1996 Dear Resident: The City acknawledges your petition regarding the 5ound Insulatian program operated by the Metropalitan A,%`rports Commission {IVIACj that you have noticed near your ne"rghborhood. Formally known as the MAC Part 150 Residential Sound Insulatian Pragram, this is a federal .. pmgram implemented #hmugh MAC by the Federal Aviation Administra�ion (FAA) ta make neighborhoods located near aiiports more compatible with �rt noise. We appreciate your interest in this prt�gram and this Ietter is an attempt to describe the Part 154 progr�um far yau. Ti�e Part I50 Program is a pmgram where FAA funds are given to Icseal aiipt�rt operators (M�,G� to provide sound insulatiaa to residential. and educational stcuctures or to acquire -� P�rtY within eligt"ble areas around airports. liie area of eligibility far this pmgram has bean defined by the F.AA as the approved 1996 DNL 6S noise�contour. (Please see attached map.) 1`he 1996 DNL noise contour represents a ii.ve-year prajectian of the yearly noise average at the Minneapolis-St� Paul International Air�x�rt {�vISP}. This cuntaur has been over]aid on a land use map around MinneapolislSt. Pau1 Air�ort to define the a��ea of eligibility. Rssidences and schools inside or adjacent to tbis LDN 65 cantour are eligible for Federal assistance. The Metropolitan Aixports Commissian i�plements this pmgram through'funding pmvided by the FAA and MAC in the Part 154 Souad Insulatian Frogram. The City of Mendata Heights has no control aver the FAA Part 150 grogYam with the exception of whether we d�sire to parbicipate in this.pmgram or not. � Since 1991, the City of Mendata J3eights has a;greed to p�articipate in this pragram and for the L�st several years 54 homes in the Furlong Addition, along Pilot Knob Road, Rogers Raad (naw known as Bourne Lane} and along Lexingtan Avenue have had the opportunity to voluntaar�ly partici�3ate. 5chaols, whetb.er they are public or private, are second in priarity to resident3al. stiucxures for saund insul[ation. Visita�ian and St. Thomas Academy are inside the are,a of eligibility, and recently have attained the priority level necessary to pazticipate in the progrdm. ' Recently the FA.A has approved the extension of the Part 150 program ta inclade °bouadary blocks". Boundary blocks are defined as blcrcks tbat are in#ersected hy fhe autermast b5 DNL �`�. contour boundary of the app�roved 1996 Noise Ilxposure Map. Based on the "boundary black" - decision, an additiona135 homes �n the Curley Neighbarhaad, aiong I.exington Avenue, �`: Wagoa Wheel, Swan Drive and Rogers Avenue have become eligible for 1996 funding. I101 �c#oria Gurve • Mendota Heights, MN • 55118 (612j 452-1850 - FAX 452-$940 ,,; August 9, 1996 Page two The City of Mendota Heights is strongly advocating the expansion of the area of eligibility for the FAA Part 150 program. Mayor Mertensotto is currently worki.ag extremely hard through the MSP Mitigation Committee to see that the sound insulation pmgrams are expanded to include other Mendota Heights neighborhoods including Wagoa Wheel Trail, Rogers Lake neighborhood, Eide Addition, Mendakota Estates, Curley neighborhood and Friendly Hills. - Mendota. Heights has long advocated the expansion of the Part 150 Program to the DNL 60 contour wluch would iaclude all the above mentioned neighborhoods. It makes no sense to draw a curtain on a map in which homes on one side are 100 percent eligible and homes on the other side are not eligible. We are hoping that through our current efforts, we can achieve an expanded area of eligibility. However, these decisions are exclusively under the control of the MAC and the FAA. Your petition will be forwarded to Mr. 5teve Vecchi, Program Director at the Metmpolitan Aimorts Commission for the Part 150 Noise Program. Your petition will be forwarded to the .. Airport Relations Commission and to the City Council. I have attached some background information on the Part 150 program for your information. Please do not hesitate to contact me if you have further questions, or would like to discuss this issue. : Sincerely, (�— Kevin Batchelder City Administrator cc: City Council Steve Vecchi, MAC � ,- i,�r��'�1A �,�_ �'l�A� ��: ,;.' • .,. �,._ ...,..,.r J: J�J !. C1J� j A �� li��ll� �oo��rca�o�$ - The Sonnd InsuIaaon �ogracn �s designe�. to r�z� imerior s�und Ietiels by a miaimum of � decibels. Tlie Pmgram $oat is to re�ucc the �ge inter�ai. naise Ievel in habit�ble raomis ciic�ecdy expased w azrcra�t noise. T'6is levc� tras beesi established byEA1l guide#ines. : - Onoe � home has beeu desiguat,ec! f�r sound insulatton, iu de�ree of insuiatsan mod�cations will d�td upcm erteraior �ictiraft sou�nd 1e��3.s, exi�ng cond'ztiou of the home, and lor�'ion withia DhZ {cl�yavght l�ve1} mnes. Res�denb r�iding within the certifie�i i9q6 DI�II, 65 noise rnntanr bonudary�i receive a 5 dec+'beI Rednaron Pacl�.gc indud�ing the foIIowing modifrcaticx�s: • z�onditiorring of e�tu,g windor�� •�all aad asric iastila�on • ad�ort of acaustic�t e�erior swnm windaws • stozm door replacement +��tII$ U� dltiC 1II{� TOOf 1'£fli5 ' C�i'ILidI ait COII(�11411�I1g t7f IIOf !'.ifYS'k1II� ��o� �a ��o��o� ��o�� Accordutg to FsAA guidetu�s, �c�eas wid�in the MSP 19q6 D!1L 65 {dag-�t level} Haise Canwur ue eti�blefnr the Part I50 Sound Tn�an Pmgr�m. - Based on reoamm�ons frou� t�e FAA, the MAC bas deternmted that blacks shouid be prrotitized for saund in�ila�i8n ia each ctty based on aircr�ft noise e�aosure Ieve].c. Homes ia the highest DNL ranges wid�in e�.a�ch cityw�! be in�utazed &rst. Sauce jarutar3� 1915, tht M�G has p�iaritized all e�i�ie blacks wlthin t�e aties af Musneapaiis, Rict�&etd, Tiiaom'rngwn. Eagaa and Mendota Heigfirs using both thc cerrtified 2�96 DIV�. Noise Cantour aad ihe AifportNoise aud Operauans Manitoring S�Scem (ANOM�4j azrival ancl deQ�aratte fiight u�ck d�ara. Fust, using d� singie intremmt DNL mnes fram the certified lqqb DNL Noise Contour (contauning DNt 75, 74, i3, 72, 71, ?0, 69, 68, 67, 66 aad 65 zor�es), �Ii�t►le blocks in all atics are assigned a DNL 2one. thtce t�is proce� is oompleted, blocks x�tt'i i�e sarne D1+�Z zane are further priori�zed using ANOMS a,ctual a�r ca�r3er acriaal and rl.e�arnire Sight tracl: data, This twastep }�roce.ss results iu a cay-�pec�e master Iisc af bloclts priorif� based on ac�ral noise c�Posctt'e, from whic3� the � Part 15a Sound Instilation Pmgram �I3. he implemented. As eadc blork beromes eli�ible for �an modifica�oas, homevwae�s wiIl be noafied to be�a d�e a�on and �aionpraoesses. �� ' -..c7�..�.� -�...—�•' ,. '�' _c� i ccz �.4� � ��...c"�a.�..�._ � 7��-1�-95 Yr�) �' �E =� � ... . t,, r�. .�� 2� 5: �E � � -- -- ._...... ,,.,,,...�„ ...�w�. o�� o JG7b r.dani �au�o ��u�oN p�o�� — � o��w 1t�e Federal Aviaiivn Adminis�ation (FAA) Reg�ilaaon "Part 1 j0" Aiipnrt Noise and L•md ine Comp�tib�itp Planning Pragram vansists of se�v�r�l diff�cent land u�se opiions designed to m.ake neighborhoods luc�tted near airpoits more compau�e w�h aitpozt noise. - . The FM determInes eli;ibilitqfot Patt 150 Pro�a�s 69 using an aPPmved �' DNL bi (d��aight levei) noise con[ou� This noise oon�our t+epm�tt,s � five-year prajedion of the yearly nvise avecage at the 14finneapulis-St. Paal Inbernrnalional Aicpoci (MSP) in 1996 (see 1996 MSP DNL 65 noise oonrour �lustra6on on �ge 8). '1'his 1996 UM. 65 �ise contourw�ll be updated uPon FAA. mquesti£fuaue phpsic�l or op�onal changes u�se at MSP. P�m 1�0 funding fc�r c:ligible msidcnts i� btang provicieci on a y�ar)p bas�s by both the FA� and the MetropolitanAirpons Can�mission (MAC). In Apn11991, thc MA.0 fvcined the Pa�t 150 Poli.c,yAdvisory Coaani�tee iPAC) consisting of reP�ta�ives fram Bloom,instan, h�lis, Ric�6�ld, Fa�n, Mend,ota Heip�is, S`t. Paul, Metropolitan �: Caunal, M�rapolitan tirc�ft5o�mdAbate,ment Couna'� sndFM w as�st MA.0 in thc cic�vc�opmc�t and de�n af die Put 150 pzn�rams t�at would be impl�ented in the oommun�ies doselq suirounding MSI'. in Febnr�ry 1992, the PAC recommended eo MAC �e follovvittg two Pzimaty Patt 150 progtams fvr 'smpl��ation at MSP: • Sound Insulation 1'rogram • LandAcquisrtion Progcam I?ad► dry is respons�le for selecaron of the abave Part 1�0 pragrasns for eligible areas, de�d'u�, on their spgafic dry Iand use plans. ' Tl�e Sound Insulatia�u Program will most l�ceiy be the largest of the MSP Part 1�U Programs to be imple�nmted by ilie MAC in the aties of Minneapolis, }3loomu�gton, Richfield, Eag�n anci Mcndota Acights. Wh(le MAC w�i hav�e overall respons��ity 5ur impl�e� die Sound�l�on Program, each parac�pa6ag c3tyw�1 be respons�ble for u�ting MAC wlth hom,e�mn�' ideat�c�tion a�thin priori�ed blocks. AIthoag� homcowncr paraa�ration in the sound ins�lation pragram is voluuta�; it is encouraged. �� o , ,�� .��.�.�5� _�'� �� __� � �'�__._�_ _ '..� , � . ��c-i?-95 Yl�� 5 P�1 c?� �?3 529E.. .._.. ....._. _ . . _ . _......� . 4 � �. . N � PRQGR��IVi S1�TUS Based on the approved 1996 DNL 65 noise contouty appro�iimat,�ly 7, l�l homes are currently �tigible -for the MA.0 Part 150 Res�ti�6at Sound InsWation Phrogrun at an estimated cast of $127,700,000. (An � additional 1,&76 homes in the south Richfield and Bloomington areas are curcendy deferreti due to the Runway 4rZ2 Ranway Use S��n ongouig mediation} � . During the 1992-1995 time period, MAC insula�ed a totat of 1,823 homes in the MAC Part 150 Re,�identiaal Sound Ia�ulalian Pn�gram at a c�,st af �35,20Q,OQU. Tne 1992 grant year (i39 hames} serve�i as tne "pi�ot" year in which MAC tested variovs acaustical products and t�echuiiques, as wetl as construdion pri�. Siac7e 1992, MAG has made m�any modifications to improve the pmgrun and has gradu�lly accelerated the rate of hames insuta#ed each yeac , It is projeded that MAC wiii insvtate I,200 homes in 1996 at a oost of $24,7QO,OQ(? and maintain this insiilabion s�chetiule uutil aompl�ion in ti�e ;�ear Z000, contingeut an a�r,�Wab% iunding. The following is a summarq af the program stabzs. rant t�r 1992-93 y�ar 1993 94 S� 1994-95 year 1995-9G year 1996-97 year 1997-98 year Iq9&qq y�ar 1999-00 year 2000-01 year �Iomes znsulated I39 homes 2444 homes 604 hames ' 840 hames 1,2Q4 homes 1,204 homes 1,200 homes 1,200 homes 568 homes nn ..uai.�t $ 4,400,000 $ 5,9�,� $10,4t1)O,U00 1)0 $14,500,400 $24,74Q,Q00 $2Q,740,OQ0 $20,740,000 $2a,7oo,aoo $ 9,i00,U00 P�OGRA� F�NDING Status completed completed compie�ed complet�i in proce.s.�s projected .projec�d P�l� projected The MAC Part 150 Resid�tial Souud Insulation Progra�m is fuuded entimlX fmm "airpart �enerated" funding souroes, inclading MSP gassanger Faality t�arges (PFC} and FAA Au.port Improvement Program . � (AIl'} funds. No 1oc�, s�ttate ar federal t�xes are used for the progc�m. ��.�zai��._�"'...�► �� ._ �. � �__ °...�..�.._ �`�� a CITY OF MENDOTA HEIGHTS Augttst 16, _1996 To: Mayor and City Council From: Kevin Batchelder, City Ad�r ��or Subject: Acknowl.edge Certif'ication of Affordable and Life Cycle Housing Opportunities Amount {A�LHOA} - Livab% Communities Act We have received a natice fmm the Metropolitan Council aunouncing aur Affordable and Life Cycle Housing Opporlunities Amount (ALHOA� for 1997. The AI.HQA is an amount of expenditure required of a participating community to support, or assist the development of affordable and life-cycle housing or to maintain existing affordable and life cqcle housing. The Dakata County �IRA acts on the behalf of Mendota Heights to provide hausing in the community and in June Mendota Heights agreed to be part of the Dakota County HIZA's cluster plan for participating in the Metropolitan Livable Communities Act. As was the case for 1996, the amount of funding that the HIZA e�ends in Mendota Heights far exceeds the _ required ALHOA for 1997. The 1.997 ALHOA far Mendota Heights is $10,045. E�camp�es of e�enditures that would be counted as an ALIiC?A e�aenditure include the use of CDBG . monies or rehabilitation loan programs. Alsa, the Metropolitan Cauncil is reminding each comumunity that participation in the Metrogolitan Livable Cammunities Act far 1997 reqaires formal notice, by resolution, prior ta November 15, 1996. The Metropolitan Council requires participation to be eligible for access ta ihe $11 nullion in the t�uee funding accounts of the Li�able Communities Act. The Dakata. County Cluster P1an is a five year plan. No action required. This natice is being farwazded to City Council for informatian purposes. �, Metropolitan Council Working for the Kegion, Planning for the Future DATE: TO: FROM: SUBJECT: '� !�; t> �� `�i � - -- t1.T.�.�r..; �� ..� t . � / � # � 1� h� V t"� =-' �t � 7 `� J •': � August 8, 1996 . `" `� � '' ` ' ' �c£ €f r : ; ,: ;> -._ �: r � . �'i :J ��,�t�:-;,�Y - �Y.�.. .�� n ' "` .:: l_. r� . � �i-.7. �_� a� Sss� Communities Participating in the o tan i le Communities Act ui�g9G"�•��,��_��.�_�� Thomas C. McElveen, Deputy Direc Certification of the Affordable and Life-cycle Housing Opportunities Amount - ALHOA 11Tetropolitan Livable Communities Act "'I'�e Livable Co.mmunities Act of 1995 (LCA) requires that the Metropolitan Council annually notify every municipality in the region of its af� j''ordable and lJfe-cycle housing opportunities amount (AL'ri�fsj iar :.�e following year. The ALHOA is an amount of expenditure by the community to support, or assist the development of affordable and life-cycle housing or maintain existing affordable and life-cycle housing. Expenditure of the ALHOA is required of communities that want to compete for access to over $11.0 million available annually through the LCA's three funding accounts. The ALHOA is derived from the formula prescrihed in the law involving market value, tax capacity, and tax rates provided to the Metropolitan Council annually by the county assessor. There are a number of sources of local financial contribution that can be counted as an ALHOA expenditure. Some examples iriclude — local financial contributions to housing assistance, development or rehabilitation programs, the use of CDBG monies for.housing activities or a tax levy to support a local or county HRA. - The 1997 ALHOA for your community is the amount found in the shaded column on the enclosed ALHOA norification. As requiretl by law, beginning in 1998, the Metropolitan Council must annually determine whether participating communities ha.ve expended this ALHOA during the previous calendar year. If not, the commiuuty may be r�uired.tQ di�±ribute this AJ.HOA to the Hausing Incentiye Account or to their local or county HRA. If you,want to continue to participate in the LCA for 1997, you must inform the Metropolitan Council of your intention to do so prior to November 15. For your convenience, a model resolution regarding 1997 is enclosed. If you have any questions about the ALHOA, please call Guy Peterson at 291-6418. If you have questions about participation in the LCA in 1997, please call the Metropolitan Council sector representative for your community as listed below: Anoka, Washington, and Ramsey Counties Dakota, Carver and Scott Counties Hennepin County Minneapolis and St. Paul U:�KRUGER�PETERSON�NPART.DOC Dick Thompson Carl Schenk Tom Caswell Guy Peterson 291-6457 291-6410 291-6319 291-6418 r 230 East Fifth Street St. Paul, Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/T1Y 291-0904 Metro Info Line 229-3780 An Equal OpportunUy Emplvyer ;, ,O� �� OV � RESOLUTION NO. RESOLUTION ELECTING TO CONTII�IUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLTTAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1997 W�EREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Ftuid which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communides Fund, comprising the Tax Base Revitalization Acxount, the Livable Communities Demonstration Acoount and the Local Housing Incentive Account, is intended to provide certain funding and other assistant to metropolitan area municipalities; and WHEREAS, a�metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota �• Department of Trade and Economic�Development unless the municipality is participating in the Local Housing Incentives Account Program under ihe Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life- cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and , WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local •� Housing Incentive Account Program during the calendar year 1996, can participate under Minnesota Statutes - section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 1�5; 1996; and (b) the Metropolitan Council and the municipality have.successfully negotiatefl affordable and life-cycle housing goals for the municipality: NOW, THEREFORE, BE IT RESOLVED THAT the {specific municipality} hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. sy: Mayor U:�CRUGER�PETERSONWIRES2.DOC �- Clerk �.. ME[ROPOLITAN COUNCIL AFFORDADLE LIF&CYCLE HOUSING OPPORTUN[I7LS AMOUN[S FOR TNB YEAR lf!'7 . !q 1995 ip 1l9i 4%HT�tsl AffirdiWe & Ilfe lqabb 1f95 lqabk 1f% Numberd la�6kU9S lqabkU9f H�mOad Ha�estead H�oerlead Im�rsfCnrRt4 lq1996 CyekH� Nvo6cr�f Nm6er�f H�meslnd� MarketVaSme MsrimtVak+e NetTuCapaet�r NdTuCap�dl� Cnwt4b TaC�aciry iSteea��r4% �t7rTu Opp�rtmttln H�me�Mds Hs�eserada ivomeqe Qn'/IYwmldP EneAuwet EaseAormt Fsara Esem isms :IwedlUb H�neTaG Raee A�ct WFsasr IuEu+ers (bavte MmdoaHd�hts 311,Q71 313,�36 l37,1S6 1it,�SO 51294 � 51,294 19.SE3iL t16 ISO 29.�1X � • t s a � CITY OF MENDOTA HEIGHTS �L� August 15, 1995 TO; Ma or Ci Council and Ci Ac��u��i�tor Y � �Y tY FR4M: Tom Knuth, Seniar Engineer Technician SIJBJECT: Assessment Roll Informa�ian - Curleys Valley View Area 7ob No. 9311 Imp. 93-4 i r. _ • �� ! � Attached is a copy of the praposed assessment m11 for Curley's Valley View Additian. ► .� - 4 i � ��.� The feasibility report for this groject was presented to Cauncil in June af 1995. This is a 104 parcel area with 8 vacant lots inclnding S lots in the new Dakota Bank Plat on Mary Adele. At the feasibility hearing in 1995, Council set a per lat assessment of $3,500 with the City assuming 50°b of project costs. As of this week, storm sewer, curbs, driveways, and the first lift af bitumutous are in place, Sodding will follow shortly and a decision an when to place the fiinal lift of bituminaus will be made after sod is in place. To date costs have been in Iine with feasibility estimates. The majority of the praperties will have an assessment af $3,5{}0. There were 23 properiy owners that requested extra driveway improvements and they have been charged appropriately. The five Iots owned by Dakata Bank have a street assessment of $3,500 and a $1,900 assessment for sewer and water services. Unpaid utility main assessments cantinue to be deferred as per Developers Agreement for Dakata Valley View Plat. The small U.S. West lot on Cullen will be assessed as a'/a lat. , ! R� t�� l�l�l l: M f� The Curley area street recanstruction project currently is not fully completed, but 95 °lo of the work will be done by the end of August. Due to the cansiderable interest expense which wauld accrue on this project, staff recommends that the City certify the assessment roll this yeaz, rather than delay it until next year. It is recommended that a public hearing be conducted at the September 17, 1996 City Council meeting to consider adoption of the attached assessment roll. ��T�IM�1 � ; / J1; �}1 Review the attached assessment roll, make any changes and then if Council desires to unplement the Staff recommendation, pass a motion adopting Resolution No. 96- , NResolution Calling for Hearing on Assessment Roll for Curley's Valley View and Sunounding Area Improvements (Improvement No. 93, Project No. 4)". � City of Mendata Heights Dakata Caunty, Minnesota RE50LUTION NO. 96- RESOLLTTION CALLING FOR N�.AR�G ON ASSESSM '�L'NT ROLL FUR CtJRLEY' S VALLEY V.�W AND SURROUNDING AREA IlVIPROVEh+�NTS (IlVIl"ROVE1��..NT NO. 93, PROJECT N4. 4) WSEREAS, contracts have heretofore been let fo� the construc�ion of the fallawing described improvements: and The construction of street reconstruction/rehabilitation improvements ta serve Curley's Valley View and surrounding a�reas (wluch improvements have heretofore been known and designated as Improvement No. 93, Project No. 4) WB]�ItEAS, the constnzction of said impravements has been substantially completed; WH +' � AS, the City Clerk, with the aid and assistance of the City Engineer, was previously directed by the City Cauncil to prepare the assessment mlls for the above described improvements; and . W�iTREAS, the City Clerk has notified the City Council that proposed assessment rolls far the abave describ�ci improvements has been campleted and fiied in her o�ce far pt�blic inspection. NOW Z�iEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That a public hearings on said proposed assessment rolls shall be held at the Mendota �ieights City Hall at 1101 Victaria Curve, in the City of Mendata Heights, on 1�esday, September 17, 1996, at 7:45 o'clock p.m. or as soon as possible thereafter. 2. That the City Clerk, with the aid and assistance af the City Attorney, is hereby authar�ized and direcied to prepare and attend to the publicatian and mai�iing of the necessary notices of said hearing, all in accordance with the applicable Minnesota. Statutes.' Adopted by the City Council of the City of Mendota Heights this 20th day af Augast, 199b. CITY CC1tTNCIL CITY OF MENDOTA HE[GHTS By Chazles E, Mertensotto, Mayor ATTF.ST: Kathleen M. Swanson, City Clerk ASSESSMENT PERIOD Sttcet Reconstcvction - 19 years Sewer and Water - 19 yeazs INTEREST RATE - 74b CITY OF MENDOTA HEIGHTS ASSESSMENT ROLL CURLEY'S VALLEY VIEW AND SURROUNDING AREAS REHABILITATION/RECONSTRUCTION dOB NO. 9311, IMP. 93-0 ADOPTED: ASSESSMEN'T RATES: Street Reconstruction - $3,SOU per lot (Street Rehabilitation/Reconsttuction Fund - 50 % ) Sewer and Water -.$1,900 per lot PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION NO. NO. WATER RECONST. 27-02600- Robert P. & Marie K. Kunz Section 26, 'I�vn 28 Range 23 $3,SU0.00 $3,500.00 040-50 989 William Court S 100 ft of N 535.6 ft of W 300 ft of E 330 Mendota Heighta, MN 55120 ft of Gov L3 27-02600- Peter P. & Mary Eliz Honsa Section 26, Twn 28 Range 23 $3,SUO.QO $3,500.00 O50-SO 995 William Court S 153 ft of N 688.6 ft of W 300 ft of E 330 Mendota Heighte, MN 55120 - ft of Gov L3 27-02600- Lyle & Mary Lou Covey Section 26, 'I�vn 28 Range 23 $3,50U.00 $3,500.00 051-51 2170 Lexington Avenue N 85 ft of S 430 Ft of W 280 ft of SW 1/4 Mendota Heighte, MN 55120 of SW 1/4 27-02600- US West HIaus Cox Corp. Tax Dept Section 26, 'I�vn 28, Range 23 $1,750.OU $1,750.00 052-51 6300 S. Syracuse Way, #700 N N 85ft of S 430 ft of E 50 ft of Englewood, CO 80111 W 330 ft of SW 1/4 of SW 1/4 27-026Q0- Walter L. & Grace Hunter Section 26, 'It�vn 28 Range 23 $3,500.00 $3,500.00 060-50 1001 William Court S 110 ft of N 798.6 ft of W 300 ft of E 330 Mendota Heighta, MN 55120 ft of Gov L3 27-02600- Shirley Nielsen Section 26, 'I�vn 28 Range 23 s3,500.00 $3,500.00 060-51 2180 Lexington Avenue S. S 285 ft of W 330 ft of SW 1/4 of SW 1/4 Mendota Heighte, MN 55120 Curleys 1 PARCEL REPUTED OWNER AND SUBDIVISION LQT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION 1Y0. N4. WATER RECONST. 27-0260Q- Thomas E. Mcellistrem Sectian 26, 'I�vn 28 Range 23 $3,500.00 $3,500.00 070-SO 1007 William Court • 300 ft af E 33Q ft of S 145.2 8 of N 943. Mendota Hoights, MN 55120 ft of W 1/2 of SW 1/4 27-02600- Leo E. & Beverly C. Campisi Section 26, 'I�vn 28 Range 23 a3,500.00 $3,SOO.OU Q70-51 1025 William Court 216 cft of W 304 ft of E 330 ft of N 1335 Mendota Heights, MN 55120 ft of W 1/2 of SW 114 27-02600- Lawrence & Lyna Brennan Seckon 26y T�+vn 28 Ra�tge 23 S3,500.00 �3,500.00 080-50 1013 William Court 340 ft of B 330 ft of S 145.2 R of N 108 Mendota Heights, MN 55120 ft of W i12 of SW i!4 27-02600- Richard C. & Helen Jahnson Section 26, 'I�vn 28 Range 23 $3,SOU.00 $3,500.00 094-54 2014 Wit2iam Court S 130 fi of N 1219 ft of W 300 ft of E 33Q Mendot,a Heighte, MN 55120 ft of Gov L3 27-19100 Thomas O. Curley Curlay's Vattey Viaw 9 1 �1,'750.OQ $1,150.00 092-01 1044 Highway 110 Und 1!2 int in Lot 9, Blk 1 Mendota i�eights, MN 55120 27-19100 Mary A. Curley Curley's Valley View 9 1 $1,750.00 �1,'750.00 093-01 2020 Leanngtan Avanue South Und 112 int in Lat 9, Bik 1 Mendota Heights, MN 5512p 27-1920d Thomas J. 8c Maria Cur2ey Curley`s Valley View 11 1 S3,500.00 a3,SQU.00 110-01 2049 Patricia St�reet All of L.ot 10, Blk 1 and N 2?.5 ft of Mendata Iieights, MN SSi20 27-19100- Mark J. Aschear & Meliasa C. Maude Curley's Valley View 12 1 $3,500.4Q �3,504.Q4 120-01 2461 Patricia Street S. 57.5 ft pf Lot 2 i, Bllc 1& N b'7.5 ft of . Mendota Heights, MN 55120 27-19100- offrey & Laure E. Herold Curley's Vallep View 13 1 S3,SOO.Op $3,51}0.00 130-01 2071 Pakricia Street S 17.5 $ of Lpt 12, Bllc 1 and a11 of Mendata Heights, MN 55220 Curleys 2 PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION NO. NO. WATER RECONST. 27-19100- Bradley C. Elkin Curley's Valley View 3 2 s3,500.00 $3,500.00 030-02 2036 Timmy All of Lot 2, Blk 2& N 10 ft of Mendota Heights, MN 55120 27-19100- ames P. & Anne D. Kreiser Curley's Valley View 4 2 a3,500.00 $3,SOO.OU 040-02 2048 Timmy Street Ex N 10 ft of Lot 3, Blk 2 and N 45 ft of Mendota Heighte, MN 55120 27-19100- F.B. & Mary Daniel Curley's Valley View 6 2 a3,500.0U 53,500.00 060-02 2056 Timmy Street S 30 ft of Lot 4, Blk 2 and all of Lot S, Mendota Heighte, MN 55120 Blk. 2& N 5 ft of 27-19100- Ronald A 8c Mary Bushlack Curley's Valley View 7 2 a3,500.00 a3,500.00 070-02 2064 Timmy Street S 70 ft of Lot 6, Blk 2& N 40 ft of Mendota Heighta, MN 55120 27-19100- Harlan B. Holmquist & Mary E. Brekke Curley's Valley View 8 2 $3,500.00 $3,500.00 080-02 2076 Timmy Street S 35 ft of Lot 7, Blk 2& all of Mendota Heights, MN 55120 27-19100- Yuriy Gerner & Regina Alexandrova Curley's Valley View 10 2 $3,500.00 $3,500.00 100-02 2086 Timmy S�reet All of Lot 9, Blk 2& N 35 ft of Mendota Heighta, MN 55120 27-19100- Stephen P. & Terry Capiz Curley's Valley View 11 2 $3,500.00 53,500.00 110-02 2094 Timmy Street S 40 ft of Lot 10, Blk 2& N 65 ft of Mendota Aeighta, MN 55120 27-19100- Wesley & Virginia Anderson Curley's Valley View 12 2 $3,500.00 $3,500.00 120-02 2098 Timmy Streek S 10 ft of Lot 11, Blk 2& all of lot . Mendota Heighta, MN 55120 , Curleys 3 PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NU. DESCRIPTIUN N4. NCi. WATER RECONST. 27-19100- Eric J& Julia M. Mattson Curley's Valley View 13 2 $3,02Q.00 $3,500.00 $6,520.00 130-02 2102 Timmy Street Mendota Heights, MN 55120 27-19100- I.eslie A& Richard K. Arnald Cur2ey's Va]tey View 15 2 �3,500.00 53,500.00 150-02 2108 Truncny SGreet All of Lot 14, Bllc 2& Pt of Lot 15, Blk 2 Mendota Heights, MN 55120 Lying N of line com 45 ft N of SW cor NEtoPtonE3ine248N 27-191Q0- Mark 3. & Mary L. $lanehardlJohn Blanchard Curley's V�llay View 16 2 S3,SOO.QO S3,SOO,QO 160-02 2119 Aztec Lane S 1/2 of Pt of Lot 15, Blk 2lying W of E Mendota Heighta, MN 5512p line Lot 16 Prod N and all af . 27-19100- Richard & Marian Hnetrl Curley's Valley View 1"7 2 53,500.04 S3,SQ0.00 170-02 iQ43 William Court A21 of Lot 17, Blk 2& Pt of Lot I5, Bik 2 Mendota Iieights, MN 55120 & S of 2ine com 33 ft N of NW Cor Lat 17 on W lina said lat , , 27-19100- Kent S. & Linda Herschbach Curley's Valley View 2 3 a3,500.Ob $3,500.OU 020-03 2049 Tirnmy Street All of Lot 1, Blk 3 and N 60 ti of Mendota FIeights, MN SSi20 2?-l9iQQ- Wm J& Aiicia R Olson Curley's Vallay View 4 3 $4,04Q.00 �3,SOO.OQ $7,SQ0,00 040-03 2059 Timmy Street S 20 ft of Lot 2, BIk 3& all af Lot 3, Mendata Heighte, MN 55120 Blk 3 and N 20 ft of . 27-19100- Charles Jr. & 8lizabe Frid Curley's Valley View 5 3 $3,500.00 $3,500.00 050-43 2069 Timmy Street Bx N 20 fi of Lot 4, Blk. 3, Ex S 2Q fi of Mendata Heights, MN 55120 27-19I04- Harry D. & Margaret Wise Curley's Vaitay Viaw 1 3 $2,810.40 $3,500.00 $6,3'70.40 070-03 2077 Timmy Street 20 ft of Lot 5, Blk 3& All of Lot 6, Bllc 3 Mendata Iieighte, MN 55120 & N 20 ft of 27-19100- Robert D 8c Susan J Schamber�er Curley's Valloy View $ 3 $2,915.00 �3,500.00 a6,415.00 Q8Q-03 ZQ84 Timmy Street Bx N 20 S of Lat 7, Blk 3 Ex S 20 ft of Mendota Heighte, MN 55120 Car2eys 4 PARCEL REPUTED OWNER AND ' SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION NO. NO. WATER RECONST. 27-19100- ames F. & Joyce M. Carney Curley's Valley View 10 3 $3,SQ0.00 $3,SOU.00 100-03 2142 Fox Flace S 20 ft of Lot 8 Blk 3& all of Lot 9, Blk 3 Mendota Heighta, MN 55120 Ex S 60 ft of 27-1910U- Steven Godes Curley's Valley View 11 3 �3,SQ0.00 S3,500.00 110-03 2101 Tiauny Street S 60 ft of Lot 10, Blk 3, Ez S 20 ft of Mendota Heighta, MN 55120 27-19100- Mark J di Rozanne Crowley Curley's Valley View 12 3 53,500.00 $3,500.00 120-03 2105 Timmy Strcet S 20 ft of Lot 11, Blk 3 all of Lot 12, Blk 3 . . Mendota Heights, MN 55120 Ex S 10 ft L12 incl in Curley's Va11ey View Replat , 27-19100- Frank T& Joan Pilney Curley's Valley View 15 3 a4,300.00 $3,500.00 $7,800.00 150-03 2108 Theresa Lane N lU0 R of Lot 14, Blk 3& S 40 ft of Mondota Heights, MN 55120 27-19100- Frank T& Joan Pilney Curley's Valley View 16 3 $3,SOU.00 $3,SOU.00 160-03 2108 Theresa Lane N 40 ft of Lot 15, Blk 3& all of Mendota Heighta, MN 55120 27-19100- Stuart C Bear & Marsha J Schoenkin Curley's Valley View 18 3 $2,SSO.OU a3,500.0U $6,050.00 180-03 2098 Thereaa I.ane N 40 ft of Lot 18 Blk 3& S 61 ft of Mendota Heighte, MN 55120 27-19100- &uce D 8c Twyl� M Kelly Curley's Vallay View 19 3 a3,500.00 $3,500.00 190-03 2088 Theresa I,ane All of Lot 17, Blk 3& S 4U ft of Mendota Heights, MN 55120 27-1910U- Thomas E& C J Klecatsky Curley's Valley View 21 3 $3,500.00 $3,SOU.00 210-03 2078 Theresa Lane N 19 ft of Lot 19, Blk 3& all of Lot 20 Mendota Heights, MN 55120 Blk 3& S 40 ft of _. 27-19100- erome E& Beverly Peterson Curley's Valley View 22 3 $2,500.00 a3,500.00 $6,000.00 220-03 2066 Theresa Street N 40 ft of Lot 21, Blk 3& all of Mendota Heighte, MN 55120 Curleys 5 PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIFTION NU. NU. WATER RECONST. 27-19100- ohn G& Linda L Traxler Curley"s Valley View 24 3 $3,500.00 $3,SQ0.00 240-03 2058 Theresa Stmet All of Lat 23, Blk 3& S 40 ft of Mandota iIaights, MN 55120 27-191Q0- Barbara Till James Cur%y's Valtey View 25 3 $3,SQ0.00 $3,504.00 250-03 2050 Tlieresa N 40 ft of Lot 24, Blk 3& all of Mendata Heighte, MN 55120 27-19].00- Pahick M. & Mary Swceney Curley's Valley View 1 4 53,500.Of1 S3,500.00 QIO-04 2Q47 Theresa Strcet Mendata Heights, MN 55120 27-19104- Daryl B& Barbara L Nelsan Curley's Vallay View 2 4 �3,54d.40 $3,500.fl0 020-04 2053 Tt►eresa Street Mendota Heights, MN 55120 27-191Q0- amea P McShane Carley's Valley View 3 4 $2,845.00 a3,5U0.00 $6,345.00 030-04 Obl Theresa I.anc Mendota Heights, MN 5512Q 27-19100- Randal J& Karea K Piok Curley's Val%y Yiew 4 4 $2,770.U0 �3,500.00 Sb,2'70.OU 040-04 2067 Theresa 5treet Mendata Iicights, MN 55120 27-19100- Ardys B Walsh Lofgren Curley'e Valley View 5 4 52,450.00 a3,S00.00 a5,950.40 aso-o4 aa�s �n� Mendota Heighks, MN 55120 27-19100- Atexander & Raisa W Presaman Cur2ey's Vattey View 6 4 51,020.00 S3,5a0.00 $4,520.00 060-04 2081 Theresa Lane Mondota Heights, MN SSi20 27-19100- Bernard A& Pauline Carlson Curley's Valley View 8 4 $3,SQ0.00 $3,5UQ.40 080-04 2Q9i Theresa Lane Lat 7 and Mendota Heighte, MN 55120 . Curleys 6 PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION NO. NO. WATER RECONST. 27-19100- Mark R Kapaun & Kathryn L Frederickson Curley's Valley View 10 4 53,500.00 $3,500.00 100-04 2099 Theresa Street All of Lot 9, Blk 4& N 10 ft of Mendota Heights, MN 55120 27-19100- omas J Doyle & Sharon L Elmore Curley'e Valley View 10 4 $3,500.00 $3,500.00 101-04 833 Lincoln Ave Ex N 10 ft of St. Paul, MN 55105 27-19100- Nancy J Haley Curley's Valley View 11 4 $3,500.00 $3,500.00 110-04 1083 William Court Mendota Heights, MN 55120 27-19100- Albert & Elizabeth Price Curley's Valley View 12 4 $2,800.00 $3,SOU.00 $6,300.00 120-04 2106 Patricia Lac►e Mendota Heighta, MN 55120 27-19100- Albert & Elizabeth Price Curley's Valley View 13 4 $3,500.00 $3,500.00 130-04 210b Patricia Lane All of Mondota Heighte, MN 55120 27-19100- Carey L& Janet L Favorite Curley's Valley View 14 4 $3,500.00 $3,500.00 140-04 2098 Patricia Street Mendota Heights, MN 55120 27-19100- ohn D& Linda Nidea Curley's Valley View 16 4 $2,850.00 53,500.00 �6,350.00 160-04 2094 Patricia All of Lot 15, Blk 4& S 10 ft of Mendota Heighte, MN 55120 27-191Q0- David P& Helen C Lucente Curley'a Valley View 17 4 $3,720.00 53,500.00 $7,220.00 170-04 2086 Patricia N 75 ft of Lot 16, Blk 4& S 42.5 ft of Mendota Heighte, MN 55120 Curleys 7 PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION NO. NO. WATER RECONST. 27-19100- Arthur P& Lea Taylor Curley's Valley View 18 4 $4,040.00 a3,500.0U $7,540.00 180-04 2078 Patricia Street N 42.5 ft of Lot 17, Blk 4& S 75 ft of Mendota Heighte, MN 55120 • 27-19100- Carl & Helma Yaeger Curley's Valley View 19 4 $3,500.00 53,500.00 190-04 2068 Patricia Street N 10 ft of Lot 18, Blk 4& all of Mendota Heighte, MN 55120 27-19100- Robert & Patricia Baber Curley's Valley View 20 4 $3,500.00 $3,SQ0.00 200-04 2060 Patricia Street Mendota Heighta, MN 55120 , • 27-19100- udith A Johnson Curley's Valley View 21 4 $3,500.00 a3,500.Q0 210-04 2054 Pa�icia Street Mendota Heights, MN 55120 � 27-19100- Gina P Bifulk Curley's Valley View 22 4 a3,500.00 $3,500.00 220-04 2044 Pahicia Street Mendota Heighta, MN 55120 , , 27-19100- Marilyn Haye Curley's Valley View 2 5 $3,500.00 $3,500.00 020-05 2085 Patricia Street Lots 1 and Mendota Heighte, MN 55120 � 27-19100- Eva N. Gauntanis Curley's Valley View 4 5 a3,500.Q0 $3,500.00 041-05 2095 Patricia Street All of Lot 3, Blk 5& N 20 ft of Mendota Heighte, MN 55120 27-19100- Vernon T& Muriel A Kane Curley's Valley View 5 5 $3,500.00 $3,500.00 050-05 2101 Patricia Street S 65 ft of Lot 4, Blk 5& N 48 ft of Mendota Heighte, MN 55120 27-19100- Sara Jo Peotter Curley's Valley View 6 5 $3,500.00 $3,500.00 060-OS 2111 Patricia Street S 37 ft of Lot 5, Blk 5& all of Mendota Hei ts MN 55120 Curleys 8 PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION NO. NO. WATER RECONST. 27-19104- Lawrence M. & Rita M Ryan Curley's Valley View 7 5 $3,500.00 $3,500.00 070-OS 2119 Patiicia Street Mendota Heights, MN 55120 27-19100- Dewey O& Debra J Smith Curley's Valley View 9 5 $3,500.00 $3,500.00 090-OS 1088 William Court All of Lot 8, Blk 5& W 13 ft of Mendota Heighta, MN 55120 27-19100- amea M& Betsy J Jamar Curley's Valley View 10 5 $5,500.00 53,500.00 $9,Ofl0.00 100-OS 1080 William Court x W 13 ft of Lot 9, Blk 5, ex pt of Lot 10 Mendota Heights, MN 5510 Blk 5, beg most N cor Lot i i, Blk 5 N, & NW on NE line Lot 10 50 ft 27-19100- David L& Barbara Ayers Curley'a Valley View 11 5 $3,SQO.UO $3,500.00 110-OS 2121 Theresa Street Lot 11, Blk 5& Lot 10, Blk S Beg Most , Mendota Heighta, MN 55120 N Cor Lot i l, Blk 5, N& NW on NE line Lot 10, SO ft SW to pt on W line 27-19100- Suresh T& Pallavi Shah Curley's Valley View 13 5 $3,SOO.OU $3,500.00 130-OS 2131 Theresa Avenue All of Lot 12, Blk 5& N 40 ft of Mendota Heighta, MN 55120 27-19100- Samuel R Shepard Curley's Valley View 14 5 53,500.00 $3,500.00 140-OS 2141 Thcresa Street Ex N 40 ft of Lot 13, Blk 5 and a11 of Mendota Heighte, MN 55120 27-19100- Gene R& Rhoda B Engelson Curley's Valley View 16 5 a3,500.00 $3,SOO.QO 160-OS 2151 Theresa Street All of Lot 15, Blk 5& N 40 ft of Lot Mendota Heights, MN 55120 27-19100- Mortie J Allen & Phyllis S Gorin Curley's Valley View 17 5 $3,500.00 $3,SOO.UO 170-OS 2161 Theresa Street Ex N 40 ft of Lot 16, Blk 5 and all of Mendota Heights, MN 55120 Curleys 9 PARCEL REPUTED OWIVER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION NO. NO. WATER RECONST. 27-19154- OIlA R�'L AIIC6 E O�SG�g Curley's Vallsy View Replat 1 $3,500.00 $3,500.00 010-00 1037 William Court Mendota Heights, MN 5510 27-19150- Gordon L& Anne M Hermann Curley's Va11ey View Replat 2 $9,660.00 $3,500.00 $13,160.OU Q20-00 I033 William Court Lot 2 Ex pt taken for Iiwy Mendota Heights, MN 27-19250- Timothy E Sr Atdrich Curley's Valley View Replat 3 $125.00 $3,500.00 $3,625.00 030-00 1040 William Court Mendota Iieights, MN SSi20 27-19150- Thomas T 8c Marlys J Palmer Cnrley's Valley View Replat 4 $12S.U0 $3,500.00 �3,625.60 040-0Q 1050 Williams Court Mendota Heighte, MN 55120 27-f9150- Sarah G Bradford Curley's Vailey View Replat 5 S2,SQ0.00 $3,500.00 $6,000.00 050-00 2130 Timmy Stceet Mandota Iieights, MN SSiZO 27-19150- Gary & Nancy Crippen Curlay's Valley View Replat 6 53,54U.00 $3,5QQ.OQ 060-00 140 Timmy Street Mendota Heigbts, MN 5512p 27-19150 Itosemary E Mossberg Curley's Valley View Replat � S3,SOO.OQ S3,SQ0.00 070-00 2150 Tirnmy St�rreet Mcndota. FIeights, MN 55120 27-1915Q- oha J& Sharon R Lisks ` Curley's Valtey View Replat 8 $3,50fl,U4 �3,540.00 080-00 2160 Timmy Sireet Mendota Hoights, MN 55120 ' Curlays IO PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION NO. NO. WATER RECONST. 27-19150- Saleh 8c Deanna Canavati Curley'e Valley View Replat 9 a3,500.0U $3,SOO.UO 090-00 2166 Timmy Street Mendota Heighte, MN 55120 • 27-19150- incent G& Judith Anderson Curley's Valley View Replat 11 $3,500.00 $3,500.00 110-00 1062 Cullen Avenue Mendota Heights, MN 55120 27-19150- Maria E Calderon Curley's Valley View Replat 12 $3,SOO.OU $3,500.00 120-00 1068 Cullen Avenue Mendota Heights, MN 55120 27-19150- Richard W& Anne M Post Curley's Valley View Replat 13 $3,550.00 a3,500.00 $7,050.00 130-00 1090 Cullen Aveauo Mendota Heights, MN 55120 27-19150- Dennis G& Connie L Kurth , Curley's Valley View Replat 14 a3,5U0.U0 $3,500.00 140-QO 1096 Cullen Avenue Mendot� Heights, MN 55120 27-19150- Edward & June Sutich Curley's Valley View Replat 15 a3,500.00 $3,500.00 150-00 1071 Cullen Avenue Mendota Heights, MN 55120 27-19150- Michael T& Carolyn Pilney Curley's Valley View Replat 16 �3,500.00 $3,500.00 160-00 2154 Theresa Stre�t Mendota Heights, MN 55120 27-19150- Shirley M. Hetherington Curley's Valley View Replat 17 $2,910.00 a3,500.00 $6,410.00 170-00 2144 Theresa Street Mendota Heights, MN 55120 Curleys 11 PARCEL REPUTED UWNER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION NO. NO. WA'1'ER RECONST. 27-19150- Robert K& Bea Ii Langford Curley's Valley View Replat 1$ 53,540.00 �3,SQ0.00 180-00 2138 Theresa Street Mondata Fieights, MN 55120 27-19150- Stephoa L& Kath LisWn Curley's Valley View Replat 19 $3,50tl.U0 $3,500.00 140-00 2132 Theresa Street Mendota Heights, MN 5512Q 27-1915Q- Dmvid J& Bacbara J Odlaug CUrley's Va32ey View Rep2at 20 S3,S00.00 $3,504.00 200-OG 2122 Theresa Stceet Mendota Iieights, MN 55124 27-19150- Michael & Mary E Rancone Curley's Valley Viow Replat 21 53,500.00 $3,500.00 210-40 205i Wiiliam Caurt Mendota iieights, MN 55120 � 27-19I50- Norman D& Arvilla Beckman Curley's 'Valley View Replat 22 53,500A0 S3,S00.00 220-00 2125 Tirnmy Skreet Mendota fleights, MN 55120 27-19150- Betty Lou Benceman Ceu�ley's Va11ey View Replat 23 S3,5Q0.00 S3,SQO.QO 230-00 2135 Timmy Street , Mendota Heights, MN 55120 , 27-19150. Barry W& Diano M Bicanich Curley's Valley View Replat 24 52,360.00 a3,S00.00 55,860.00 240-UO 2145 Tirnmy St�rreet Mendota. Heights, MN 55120 � 27-191SQ- Richard F Skrivanok Curiey's Valley View Replat 25 S3,5Q0.40 �3,500.00 250-00 2155 Tirnmy Street Mendota Heights, MN 55120 , _ , 27-19150 Richazd F Tste Dugan 8c Yvone J Tste Dugan Curley's Valley View Replat 26 53,500.00 53,500.00 260-00 2165 Timmy Street Mondata Hei ts MN 55120 Cur2eys 12 PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SEWER AND DRIVEWAY STREET TOTAL NO. DESCRIPTION NO. NO. WATER RECONST. 27-19750- Thomas and Mary Curley Dakota Valley View Addition 2 2 $1,900.00 a3,50U.Q0 $5,400.00 020-02 2010 I.exington Ave. South � Mendota Heighta, MN 55120 27-19750- Thomas and Mary Curley Dakota Valley View Addition 3 2 $1,900.00 $3,SOO.OU $5,400.00 030-02 2010 Lexington Ave. South , , Mendota Heighte, MN 55120 27-19750- Thomas and Mary Curley Dakota Valley View Addition 4 2 a1,900.00 $3,500.00 a5,40U.00 040-02 2010 Lexington Ave. South Mendota Heighta, MN 55120 27-19750- omas and Mary Curley Dakota Valley View Addition 5 2 51,900.00 $3,500.00 $5,400.00 050-02 2010 Lexington Ave. South Mendota Heighte, MN 55120 27-19750- Thomae and Mary Curley Dakota Valley View Addition 6 6 $1,900.00 $3,SOU.00 $5,400.00 020-02 2010 Lexington Ave. South Mendota H�i ts MN 55120 �urleys 13 » M � � •f a+� CITY OF MENDOTA HEIGHTS ��.1 �1�_ � August 14, 1996 Mayar, City Cauncil and City Adncii��tor Tam Knuth, Senior Engineer Technician SUBTECT: Assessment Roll Infarmation - Mendota Meadows Jab No. 9506 � Imp. 95-1 1 _ K IR Attached is a copy of the proposed assessment rall for the Mendota. Meadows project as being develaped by Mr. 7ohn Mathern. Mr. Mathern petitioned for this project and waived all rights for a public heaiing, however he has now developed 211ots, and we recommend that a hearing now be canducted. c � R : � �� r The feasibility report for this project was presented to Council in August of 1994. This was a 3b parcel subdivision with 2 parcels dedicated as ponding and open space. The feasibility report estimated ihe following praject costs as: Utilities Streets, Wa1ks, and Lights Estimated. per lat cost was: �1� _--_ ' ;, ! !_ 1 $181,300 $128,0{}0 $309,3�0 , : .11 The fmal construction cc�sts are $230,874 plus overhead of $72,432 (31 I} for a total project cost of $302,9Q6. Since the developer sabmitted a revised plat with 34 instead of 36 Iots, the per lot assessment rose slightly, even thaugh praject costs were below estimate. Total per 1ot assessment for tlie 341ots in Mendata. Meadows is $$,909. � 1UI�II �II; Y �� It is recommended that a public hearing be conducted at the September 17, 1996 City Council meeting to consider adoption of the attached assessment roll. r;t�� : � Review the attached assessment roll, make any changes and then if Council desires to implement the Staff recommendation, pass a motion adopting Resolution No. 96- , "Resolution Calling For Hearing on Assessment Roll for Mendota Meadows (Improvement No. 95, Project NO. 1) Improvements." City of Mendota Heights Dakot�a County, Minnesota �►ESULITTIQlY NQ. 9b- 17:ESOLIJ'ITON CALLING FOR HEARING 4N ASSESSl��NT ROLL FOR MENDOTA MEADOWS (IMPRO � ..1VT NO. 9S, PROJECT NO. 1) � Ili�IPR4�'EMFNTS � W�iER3EAS, cantracts have heretofore been let for the canstiuction of ihe fallawing described improvements: The constrructian of sanitary sewer, storm sewer, water, street, carb and gutter improvements to serve the Mendata Meadaws {which improvaments have heretafore been lcnawn and designated as �mpravement No. 95, Project No. 1); and VV��AS, the construction of said impmvements has been substantially completed; and WFTCREAS, the City Clerk, with the aid and assistance of the City Engineer, was previously directed by the City Council to pregare the assessment rolls for the above descriUed impmvements; and VVFiT•RE.AS, the City Clerk has notified the City Council that praposed assessment rolls far the above described improvements has been completed and fiied in hsr office for public inspection. NOW TSFREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendata Heights, i�ti.nnesota, as follows. 1. That a public hearing on said proposed assessment ralls shall be held at the Mendota Heights City Hall at 1101 Victaria Curve, in the City of Mendota Heights, on T�esda.y, September 17, 199b, at 8:{}{} o'c2ock p.m. ar as saan as possib% themafter for Mendota Meadows. 2. That the City Glerk, with the aid and assistance af tha City Attomey, is hereby authorized and directed to prepare and attend to the publication and mailing of the necessary notices of said he�lring, all in accordance with the applicable Minnesota Statutes. Adopted by the City Cauncil of the City of Mendota Heights this 20th day of August, 1996. CITY COUNCIL CITY OF MENllOTA HEiGHTS By Charles E. Mertensotto, Niayor Kathleen M. Swanson, City Clerk ASSESSM�_ PERIOD Sanitary S�wers - 19 years Watermain - 19 years Storm Sewers - 19 years Streets - 10 years I�Il�:_.�I_ M_ d CITY OF MENDOTA _.:�IGHTS ASSESSMENT ROLL MENDOTA MEADOWS SEWERS, WATER, STREETS JOB NO. 9506, IlVIP. 95-1 ADOPTED: ASSESSMENT RATES Utilities -$5,279 per lot Street - $3,630 per lot PARCEL REPUTED OWNER AND SUBDIV�SION LOT BLK UTILTTES * STREETS TOTAL NO. DESCRIPTION NO. NO. 27-48350- Mendota Homes, Inc. Mendota Meadows 1 1 $5,279.00 $3,630.00 $8,909.00 010-01 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 1, Blk 1, & Interest attributable Forest Ldke, MN 55025 to Common Area Known as Outlots A&B 27-48350- Mendota Homes, Inc. Mendota Meadows 2 1 $5,279.00 $3,630.00 $8,909.00 020-01 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 2, Blk 1, & Interest attributable Forest Lake, MN 55025 to Common Area Known as Outlots A&B 27-48350- ill M. Svee Mendota Meadows 3 1 $5,279.00 '$3,630.00' $8,909.00 030-01 838 Monet Court CIC #163 Mendota Meadows Mendota Heights, MN 55120 Lot 3, Blk 1, & Interest attributable to Common Area Known as Outlots A&B 27-48350- Mendota Homes, Inc. � Mendota Meadows 4 1 $5,279.00 $3,630.00 $8,909.00 040-01 20 Iake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 4, Blk 1, & Interest attributable Forest Lake, MN 55025 to Common Area Known as Outlots A&B * Utilities included sanitary sewer, watermain & storm sewer ASSESSMENT PERIOD Sanitary Sewers - 19 years Watermain - 19 years Storm Sewers - 19 years Streets - 10 years INTEREST RATE - 7 % CITY QF MENDC}TA HEIGHTS ASSESSMENT ROLL MEND4TA MEADOWS SEWERS, WATER, STREETS JOB NO. 9506, IIVIP. 95-1 a�o�D: ASSESSMENT RATES Utilities -$5,279 per 1ot Street - $3,630 per Iot PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK UTII.ITES '� STREETS TOTAY. NO. DFSCRIPTIUN NO. NO. 27-48350- Lee Ann �Iartert & Judith L. Cameron Mendota Mcadows 5 1 $5,279.04 $3,630.00 $8,9d9.OQ 050-01 834 Monet Court CIC #163 Mendota Meadows Men@ota Heights, MN 55120 Lo# 5, Blk 1, & Interest attributable •° ta Common Area Known as Outlots A&B 27-48350- Mendota Homes, Inc. Mendota Meadows 6 1 $5,2'79.00 $3,630.Ob $$,909.OQ �b0-01 Lake Stzee# N CIC #lb3 Mendflta Meadaws P.O. Box 416 Lot 6, Blk 1, & Intcr�st attri►butabl� Farest I.ake, MN 55025 to Common Area Known as Outlats A&B 2'7-4$350• Mendota Homes, Inc. Mendota Meadows 7 1 $5,2'79.00 $3,630.00 $8,909.00 07Q-01 20 Lake Street N CIC #163 Mendota Meadows P.O. Bax 416 Lot 7, Bik 1, & Interest attribntable Forest La1ce, MN 55025 to Common Area Known as Outlots � ' A&B 27-4$350- Mendata Homes, Ina. Mendota Meadows 8 1 $5,279.00 $3,630.04 $8,904.00 080-01 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lat 8, Blk 1, & Interest attributable For�.st Iake, MN 55025 ta Common Area Known as dutiats A B * Utili�ies included sanitary sewer, watermain & storm sewer �� ASSESSM►. PERIOIl► Sanita�y Sewers - 19 years Watenmain - 19 years Storm Sewers - i9 years Streets - 10 qears INTEREST RATE - 7 % CITY OF MENDOTa _,::IGHTS ASSESSMENT ROLL MENDOTA MEA,DOWS SEWERS, WATER, ST'REETS JOB NO. 9506, IlVIP. 95-1 �orrED: � ASSESSMENT RATES Utilities -$5,279 pex lot Street - $3,b30 per lat PARCEL REPUTED OWNER AND SUSDIVISION LOT BLK UTILTTES * STREETS TOTAL NO. DESCRII''I`ION NO. NO. ' ` ' 27-48350- Mendota%Iames, Iuc. Mendota Meadaws 9 1 $5,279.04 $3,630.40 $8,909.00 090-01 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 I,ot 9, Blk 1, & Interest attribntablo Forest L�ke, MN 55025 to Common Area. Kn.awn as dutiots A&B 27-48350- Mary V. Vauro Mendota Meadows l.0 1 $5,279.00 $3,630.00 $8,909.00 IQQ-01 824 Monet Court CIC #163 Mendota Meadows Mendota Heights, MN 55120 Lat 10, Blk 1, & Interest attributable to Common Area Known as OuElots ' A&B 27-48350- Mendota Homes, inc. Mendata Meadaws 1 i 1 $5,279.00 $3,630.00 $8,909.00 110-01 20 Lake Street N CIC #`163 Mendota Meadaws P.U. Box 416 Lot 1l, BJk 1, & Interest atttibutabte '' • Forest Lake, MN SS025 to Common A�a Known as Outlots A&B 27-4$350- Mendota Homes, Inc. Mendota Meadows 12 1 $5,279.OQ $3,63Q.00 �8,909.04 120-01 20 Lalce Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 12, B1k 1, & Interest attributable Farest Lake, MN 55025 to Common Acea Knawn as 4utiots A&B * UtiJities included san�tary sewer, watermain & storm sewer 3 ASSESSMENT PERIOD Sanitary Sewers - 19 years Watermain - 19 years Storm Sewers - 19 years Streets - 10 years INTEREST RATE - 7 % C1TY OF MENDOTA HEIGHTS ASSESSMENT ROLL MENDOTA MEADOWS SEWERS, WATER, STREETS JOB NO. 9506, Il�RP. 95-1 ADOPTED: ASSESSMENT RATES Utilities -$5,279 per lot Street - $3,630 per lot PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK UTILITES # STREETS TOTAL NO. DESCRIFf ION NO. NO. ' 27-48350- Mendota Homes, Inc. Mendota Meadows 13 1 $5,279.00 $3,630.00 $8,909.00 130-01 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 13, Blk 1, & Interest attributable ` Forest L•ake, MN 55025 to Common Area Known as Outlots A&B 27-48350- Mendota. Homes, Inc. Mendota Meadows 14 1 $5,279.00 $3,630.00 $8,909.00 140-01 20 Lake Strcet N CIC #163 Mendota Meadows � ' P.O. Box 416 Lot 14, Blk 1, & Interest attributable Forest Lake, MN 55025 to Common Area Known as Outlots A&B 27-48350- Mendota Homes, Inc. Mendota Meadows 15 1 $5,279.00 $3,630.00 $8,909.00 150-01 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 15, Blk 1, & Interest attributable Forest Lake, MN 55025 to Common Area Known as Outlots A&B 27-48350- Mendota Homes, Inc. Mendota Meadows 16 1 $5,279.00 $3,630.00 $8,909.00 160-01 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 16, Blk 1, & Interest attributable Forest Lake, MN 55025 to Common Area Known as Ouflots , , A&B '` Utilities included sanitary sewer, watermain & storm sewer 4 ASSESSM�,.. �' PERIOD Sanitary Sewers - 19 yeals Watermain - 19 years Storm Sewezs - 29 y�ars Streets - 10 years INTEREST RAT'E - 7 % CITY OF MENDOTA. �EIGHTS ASSESSMENT ROLL MErmoTa m�anows SEWERS, WATER, STR:EETS JOB NO. 9506, IMP. 95-1 AD4PTED: ASSESSMENT RATES Utilities -$Sy279 per lot Street - $3,63d per lat PARCEL REPIJTED OWNER AND SUBDIVISION LOT BLK UTILITES * STREETS TOTAL NO. DESCRD.'TION NO. NO. 27-48350- Mendota Homes, Inc. Mendata Meadows 17 1 $5,279.00 �3,630.00 $8,909.00 170-01 20 Lake Str�et N CIC #163 Mendota Meadows P.O. Box 416 Lot 17, Blk l, & Intcrest attributable Forest L�kc, MN 55025 ta Common Area Known as (?utlots A&$ 2'7-4$350- Mendota Hames, Inc. Mendota Meadows 18 1 $5,279.00 $3,63Q.00 $8,909.00 18Q-01 20 Lalce Street N CIC #Ib3 Mondota Meadows P.O. Box 416 Lat 18, Blk 1, & Interest attributable Forest I.ake, MN 55025 ta Common Ar�a Known as Uuttots A&B 27-48350- Mendota Homes, Inc. Mendata Meaciows 19 1 $5,279.00 $3,630.00 $8,909.00 190-01 20 Lake Street N CIC #163 Mendota Meadaws P.4. Box 426 Lot 19, BIk l, & Intarest attributable Forest Lake, MN 55025 ta Common Area Known as Outlots A 8c B 2?-4835Q- Cynthia P. Schanno Mendota Meadows ?A I $5,279.UQ $3,630.00 $8,909.00 Z00-01 788 Monet Court CIC #163 Mendoir� Meadows Memdota Heights, MN 55120 Lat 20, B1k 1, & Interest attributablc � ta Common Area Knawn as Outlots A&B * Uiiliiies included sani�aty sewer, watermain & storm sewer 5 ASSESSMENT PERIUD Sanitary Sewers -19 years Watermain - 19 years Starm Sewors - 19 years Streets - 10 years u�r�: . :: r• �. CITY 4F MENDUTA HEIGHTS ASSESSMENT ROLL MENDOTA MEAD4WS SEWERS, WATER, STREETS JOB NO. 9506, IlVIP. 95-1 ADOPTED: ASSESSMENT RATES Utilitties -$5,279 per 1at Street - $3,630 per lot PARCEL REPUTED OWNER AND SUSDIVISION LOT BLK UT]LITES * STREETS TOTAL NO. DESCRIl'TION NU. NO. 27-4835Q- flan. E. Schanno Mendota Meadows 21 1 $5,279.04 $3,630.00 $8,909.00 210-01 786 Monet Cowrt CIC #163 Mendota Mtadows Mendota Heights, MN 55124 Lat 22, Bll� l, & InteresE attributable • •` to Common Area Knawn as Outlats A&B 27-�48350- Joseph N. 8c Patricia Pedrolie Mendota Meadows 22 1 $5,2'79.00 $3,630.00 $$,909.00 220-01 784 Monet Court CIC #163 Mendota Meadows Mendota Heights, MN 55120 Lot 22, Blk 1, & Inkerest attributable to Common Arca Knowa as Outlots A&B 27-48350- Gardon & Dorothy Heimer Mendota Meadows 23 1 $5,2�9.00 $3,630.00 $8,909.00 230-01 1360 Cherry Hill Road CIC #163 Mendata Meadows Mendota Fleights, MN 55118 Lot 23, Blk l, & Interest attributable to Common Ax�ea Knawn as Outlots A&B „ , 27-4835Q- Ann M. Callahan Meadota Meadows 24 1 $5,219.Q0 $3,63Q.04 $8,909.00 240-01 778 Monet Lane CIC #163 Mendota Mcadows Mendota. Heights, MN 55120 Lot 24, Blk 1, & Interest attributable to Common Area Known as Outlots A&B * UiilitEes included sanitary sewer, watarmain & storm sewer 6 ASSESSML_, i PERIOD Sanitary Sewers - 19 years Watermain - 19 years Storm Sewers - 19 years Streets - 10 years IN'TERFST RATE - 7 % CITY OF MENDOTA r�IGHTS ASSESSMENT ROLL MENDOTA MEADOWS SEWERS, WATER, STREETS JOB NO. 9506, IlVItP. 95-1 ADOP1'ED: ASSESSMENT RATES Utilities -$5,279 per lot Street - $3,630 per lot PARCEL REPUTED OWNER AND SUBDNLSION LOT BLK UTII,TTES • STREETS TOTAL NO. DESCRIPTION NO. NO. 27-48350- Mendota Homes, Inc. Mendota Meadows 25 1 $5,279.00 $3,630.00 $8,909.00 250-01 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 I.ot 25, Blk 1, & Interest attributable Forest L�lce, MN 55025 to Common Area Known as Outlots A&B 2�-48350- Mendota Homes, Inc. Mendota Meadows 26 1 $5,279.00 $3,630.00 $8,909.00 260-01 20 Lake Street N CIC #163 Mendota Meadows ' ' P.O. Box 416 Lot 26, Blk 1, & Interest attributable Forest Lake, MN 55025 to Common Area Known as Outlots A&B 27-48350- Albin F. & Patricia A. Mayer Mendota Meadows 1 2 $5,279.00 $3,630.00 $8,909.00 010-02 813 Monet Court CIC #163 Mendota Meadows Mendota Heights, MN 55120 Lot 1, Blk 2, & Interest attributable to Common Area Known as Outlots A&B 27-48350- Ann J. Shiely Mendota Meadows 2 2 $5,279.00 �3,630.00 $8,909.00 020-02 % Sally Mullen CIC #163 Mendota Meadows P.O. Box 64704 Lot 2, Blk 2, & Interest attributable St. Paul, MN 55-164 to Common Area Known as Outlots A&B * Utilities included sanitary sewer, watermain & storm sewer 7 ASSESSMENT PERIOD Sanitary Sewers - 19 years Watermain - 19 years Storm Sewers - 19 years Streets - 10 years IlVTEREST RATE - 7 % CITY OF MENllOTA HEIGHTS ASSESSMENT ROLL MENDOTA MEADOWS SEWERS, WATER, STREETS JOB NO. 9506, IlVIP. 95-1 ADOPTED: ASSESSMENT RATES Utilities -$5,279 per lot Street - $3,630 per lot PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK UTILITES # STREETS TOTAL NO. DESCRIPTION NO. NO. 27-48350- Mendota Homes, Inc. Mendota Meadows 3 2 $5,279.00 $3,630.00 $8,909.00 030-02 20 Lake Street N CIC #163 Mendota Meadows '' P.O. Box 416 Lot 3, Blk 2, & Interest attributable Forest LAke, MN 55025 to Common Area Known as Outlots A&B 27-48350- Mendota Homes, Inc. Mendota Meadows 4 2 $5,279.00 $3,630.00 $8,909.00 040-02 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 4, Blk 2, & Interest attributable Forest Lake, MN 55025 to Common Area Known as Outlots A&B 27-48350- Mendota Homes, Inc. Mendota Meadows 5 2 $5,279.00 �3,630.00 $8,909.00 050-02 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 5, Blk 2, & Interest attributable Forest Lake, MN 55025 to Common Area Known as Outlots ,, , A&B 27-48350- Mendota Homes, Inc. Mendota Meadows 6 2 $5,279.00 $3,630.00 $8,909.00 060-02 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 6, Blk 2, & Interest attributable Forest Lake, MN 55025 to Common Area Known as Outlots A&B * Utilities included sanitary sewer, watermain 8� storm sewer :3 ASSESSM�_ . _ PERIOD Sanitary Sewers - 19 years Watermain - 19 years Storm Sewers - 19 years Streets - 10 years M��If �__�7 �:7•��it�' CITY OF MENDOTA .�r'.IGHTS ASSESSMENT ROLL MENDOTA MEADOWS SEWERS, WATER, STREETS JOB NO. 95Q6, IlVIP. 95-1 ADOPTED: ASSESSMENT RATES Utilities -$5,2'79 per lot Street - $3,630 per lot PARCEL REPUTED OWNER AND SUBDIVYSION LOT BLK UTILITES * STREETS TOTAL NO. DESCRIPfION NO. NO. 27-48350- Mendota Homes, Inc. Mendota Meadows 7 2 $5,279.00 $3,630.00 $8,909.00 070-02 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 7, Blk 2, & Interest attributable Forest L�ke, MN 55025 to Common Area Known as Outlots A&B 27-48350- Mendota Homes, Inc. Mendota Meadows 8 2 $5,279.00 $3,630.00 $8,909.00 080-02 20 Lake Street N CIC #163 Mendota Meadows P.O. Box 416 Lot 1, Blk 1, & Interest attributable Forest Lake, MN 55025 to Common Area Known as Outlots A&B * Utilities included sanitary sewer, watermain & storm sewer 9 CITY OF MEND4TA I�GF[T"S 111 �U. � August 14, 1996 TO: Mayor, City Council and City Ad��i��fator FROM: Tom Knuth, Seniox Engineer Technician SUBJECT: Assessment Roll Information - Swanson's 2nd Addition 7ob No. 9509 Imp. 95-2 1,_• 1,� Attached is a capy of the proposed assessment rall for the Swansons 2nd Addition project as being developed by Bjorklund Canstauctian. The Bjorklunds petitioned for this project and waived all rights for a public heau�ung, however, they have naw developed a lat, and we �ecommend that a he�ring now be conducted, � e R � \1.*��J1�� The fea.sibility report for this project was presented to Council in Apri1 of 1995. This was a'7 parcel subdivisian with 1 adjaining lat, owned by the Rolfs, alsa assessed. - The feasibility repart estimated the fallowing project eosts as: Utilities $129,4C}0 Streets $ 44,400 $173,64Q Estunated per lot cost was: $ 21,700 �1��_ 'tIt 1 f The futal construction eosts are $118,001 plus overhead of $44,151 (34°l0) far a total project cost of $1.58,152.00. Tota1 per lot assessment for�the 81ots in Swansons 2nd Addition Project is $19,769.00. I; 1�l IU 1�I 1; Y�►, It is recommended that a public hearing be condacted at the September 17, 1996 City Counci� meeting to cc}nsider adoptzon of the attached assessment roll. : y � � �_ � a��_ � r Review the attached assessment roll, make any changes and then if Council desires to implement the Staff recommendation, pass a motion adopting Resolution No. 96- ,"Resolution Calling for Hearing on Assessment Roll for Swanson 2nd Addition (Improvement No. 95, Project 2) Improvements." � City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 96- RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR 5WANSON'S 2ND ADDITION (IlVI�ROVEMENT NO. 95, PROJECT 2) IlVIPROVIItZENTS WHEREAS, contracts have heretofore been let for the constniction of the following described improvements: The construction of sanitary sewer, storm sewer, water, street, curb and gutter improvements to serve Swanson's 2nd Addition (which improvements have heretofore been known and designated as Improvement No. 95, Project No. 2); and WHEREAS, the construction of said 'unprovements has been substantially completed; and WHEREAS, the City Clerk, with the aid and assistance of the City Engineer, was previously directed by the City Council to prepare the assessment rolls for the above described improvements; and WHEREAS, the City Clerk has notified the City Council that proposed assessment rolls for the above described unprovements has been completed and filed in her o�ce for public inspection. NOW THEREFORE, IT I5 HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That a public hearings on said proposed assessment rolls shall be held at the Mendota Heights City Hall at 1101 Victoria Curve, in the City of Mendota Heights, on 1�esday, September 17, 1996, at 8:15 o'clock p.m. or as soon as possible thereafter for Swanson's 2nd Addition. 2. That the City Clerk, with the aid and assistance of the City Attorney, is hereby authorized and directed to prepare and attend to the publication and mailing of the necessary notices of said hearing, all in accordance with the applicable Minnesota Statutes. � Adopted by the City Council of the City of Mendota Heights this 20th da.y of August, 1996. crrY co�cnvczz, CITY OF MENDOTA I�GHTS By Ci�azles E. Mertensotto, Mayor ATTEST: Kathleen M, Swa.nson, City Clerk ASSESSME�. � PERIOD Sanitary Sewer -19 yeara Wate:rmain -19 years Storm Sewez -14 years Streets - 10 qears INTEREST RATE - 7 % CITY UF MENDUTA HEIGh�� ASSESSMENT ROLL SWANSON'S 2ND ADDITION SEWERS, WATER, STREETS JOB NO. 9509, IMP. 95 2 ADOPTED: '� Uritities inctuda the Sanitary Sawer, Watermain and Storm Sewer ASSESSMENT RATES UtiliGies - $13,249 per lot Streets - $6,520 per Iat PARCEL REPUTED OWNER AND SUBDIVISI4N LOT BLK UTILITY STREET TOTAI; NO. DESCRIPTION NO. NO. 27-73601- St�ffes Inveshnenta Ino. Swanson's 2nd Addition 1 1 513,249.Q0 $6,52Q.00 $19,769.Q0 010-01 901 Sibley Highway Mendota Fieights, MN 55118 27-73601- Steffes Inveshnents inc. Swanson's 2nd Addition 2 1 $13,249.00 $6,520.00 $14,769.00 020-01 901 Sibley Highway � Mendota Haights, MN 55118 27-73601- Steffes Investments Ina. Swanson"s 2nd Addidon 3 1 513,249.00 $6,520.00 •$19,769.OU 03Q-QI 901 Sibley Iiighway Mendota Heighta, MN 55118 27-73641- Steffes Investzn�nts Inc. Swanson's 2nd Addition 4 1 513,249.00 $6,520.00 $19,769.00 040-01 901 Si.bley Haighway ' ' Mondota Heights, MN 551I8 27-73601- Steffes Investmenta Ino. Swanson's 2nd Acldicion 5 1 $13,249,00 $6,520.00 $14,769.QQ 050-01 4dl Sibley Fiighway . Mendota. Heighta, MN 55118 27-�3601- Brian J. & Margaret C. Reagan Swanson's 2nd Addition 6 1 $13,249.OU $6,520.Q0 $19,769.00 060-01 901 Fairmount Avenue S� Paul, MN 55105 27-73601- Steffes Invcstments inc. Swanson's 2nd Additian 1 1 Si3,249.4Q $6,520.00 $14,769.Q0 070-OI 901 Sibley Highway Mendata Heighta, MN 55118 27-02700- Mary M. (Tstee) Rolf Section 2� Town 28 Ranga 23 S 1.90 ft of 513,249.00 $6,520.00 $19,769.00 l4i-02 1861 Leungtan Ave. Sauth N 894.5 ft of E G84.48 ft of NB lt4 ex Mendota Heighta, MN 55118 pt platted in Swansons 2nd Addition , Page 1 of 9 a, r'> TO: FROM: SUB7ECT: CITY OF MENDOTA HIIGHTS UI_�IU, � August 14, 1996 Mayor, City Council and City Ad s r " Tom Knuth, Senior Engineer Technician Assessment Roll'Information - Ivy Falls South Addition Job No. 9511 Imp. 95-3 Attached is a copy of the proposed assessment roll for the Ivy Falls South project as being developed by Mr. Keith Heaver. Mr. Heaver petitioned for this project and waived all rights for a public hearing, however he has now developed 21ots, and we recommend that a hearing now be conducted. : ; : ; 1 1�t 1 The feasibiliry report for this project was presented to Council in July of 1995. This was a 20 parcel subdivision with 2 parcels not assessed at developers request, as they are not adjacent to project streets and utilities and receive no benefit from the project. The feasibility report estimated the following project costs as: Utilities Streets Estimated per lot cost was: �II��_ ':� 1 � $170,000 $ 88,000 $258,OU0 $ 14,350 The fmal construction costs are $207,818 plus overhead of $64,936 (31 °b) for a total project cost of $272,754.00. Final construction costs are slightly higher than esti.mated because the developer approved a construction contract bid 12 � higher than estimated, but actual construction costs were slightly lower than the bid amount by 5°lo . Total per lot assessment for the 181ots in ivy Falls South is $15,153.00. � ;__ 1�/ I� 1_ _.�il I� � �� It is recommended that a public hearing he conducted at the September 17, 1996 City Council meeting to consider adoption of the attached assessment roll. *_ M � � C_ _ � �It_ 1 Review the attached assessment roll, make any changes and then if Council desires to implement the Staff recommendation, pass a motion adopting Resolution N. 96- , Resolution Calling for Hearing on Assessment Roll for Ivy Falls South Addition (Improvement NO. 95, Project NO. 3) Improvements. :. �.. City of Mendota Heights Dakota Caunty, Minnesota �:EStJLITTiON NQ. 96- • f ! � !' :1 = • 1 ! 1 • ! 1' � : � 11 � � !� i * VI � � 4 t • � � � �� / � � WFiERE,AS, contxacts have heretofare been 1et for the construction of the fallowing described improvements: The construction af sanitary sewer, storm sewer, water, street, curb and gutter unprovements to serve the Ivy Falls Sauth Addition (which improvements have heretofore been �own and designated as Improvement No. 95, Froject No. 3}; and WSERE,AS, the construction af said impravements has been substanti�ally campleted; m WS]±.REAS, the City Clerk, with the aid and assistance of the City Engine�r, was p.reviausly directed by the City Council to prepare the assessment mlls far the above described improvements; and WHF�EAS, the City Cierk has natiiied the City Council that progased assessment rolls for the above described impmvements has been completed and filed in her office for public inspection. NUW TBE�tEFOF:E, IT IS HFI2EBY F►]�SOL�'ED by the City CoanCii of the City of Mendota. Heights, Minnesota, as follows: 1. That a public hearings on said proposed assessment rolls shall be held at the Mendota Heights City Hall at 1101 Victaria Curve, in the City of Mendata Heigbts, an Tbesday, September 17, 1996, and 8:30 a"clock p.m, or as soon as possible themafter for Ivy Falls South Addition. 2. That the City Clerk, with the aid and assistance of the City Attorney, is hereby authorized and directed to prepare and attend to the publicatian and mailing of the necessary notices of said hearing, all in accardance with the applicable Minnesata Statutes. Adopted by the City Council of the City of Mendota Heights this 20th day of August, 1996. � CITY COUNCIL CTTY OF MFNI.)(�TA HIIGHTS By � Char'les E. Mertensotta, Mayor Kathleen M. Swanson, City Clerk ASS�ESSMi..,i PERIOD Sanitary Sewers - 19 years Watermains - 19 yeazs Storm Sewers - 19 years Streets - 10 years Interest Rate 7 �'o CITY 4F MENDUTA �EIGii'FS ASSESSMENT ROLL IVY FALLS SOUTH SEWERS, WATER, STREETS JOB NO. 9511, IlVIP. 95-3 ADOPTED: ASSESSMENT RATES: Utility - $9,241 per lot Street - $5,91.2 per lot PARCEL REPUTED OWNER AND SUSDIVISION LOT BLK UTILITY * STREET TQTAL NO. DESCRII'TION NO. NO. 27-31660- ,F. Logan, Inc. Ivy Falls Sauth Addition 2 1 $9,241,00 $5,912.00 $15,153.00 020-01 724 lst Avenue Meudota Heights, MN 55 218 27-3'7660- .F. Logan, Inc. Ivy Falls South Addition 3 1 $9,241.00 $5,912.00 $15,153.00 030-0i 724 lst Avenue Mendota Heights, MN 55118 27-37660- .F. Logan, Inc. „ Ivy Falls South Additian 4 1 $9,241..00 $5,912.00 $15,153.00 Q40-01 724 ist Avenue Mendata Heights, MN SS118 27 3'7660- J.F. Logan, Inc. Ivy FalIs South Additian 5 1 $9,241.00 $5,912.00 ,$15,153.00 050-01 724 1st Avenue Mendata I�eights, MN 55118 *Utilities inctude, Sanitary Sewers, Watermains, and Storm Sewers tvy Falis South 1 PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK UTII.TTY * STREET � TOTAL NO. DESCRIPTION NO. NO. 27-37660- .F. L.ogaa,Inc. Ivy Falls South Addition 6 1 $9,241.00 $5,912.00 $15,153.00 050-01 724 lst Avenue Mendota Heights, MN 55118 27-37660- .F. Logan, Inc. Ivy Falls South Addition 7 1 $9,241.00 $5,912.00 $15,153.00 070-01 724 lst Avenue Mendota Heights, MN 55118 27-37660- Leslie D& James Batterbee Ivy Falls South Addition 8 1 $9,241.00 $5,912.00 $15,153.00 080-01 2258 Fieldstone Drive Mendota Heights, MN 55120 27-37660- Billie L. Logan ivy Falls South Addition 9 1 $9,241.00 $5,912.00 $15,153.00 090-01 724 lst Avenue Mendota Heights, MN 55118 27-37660- Heaver Design & Construction Inc. Ivy Falls South Addition 10 1 $9,241.00 $5,912.00 $15,153.00 1p0-01 J.F. Logan, Inc. ' 875 Mendakota Court Mendota Heights, MN 55120 27-37660- Heaver Design & Construction Inc. Ivy Falls South Addition 12 1 $9,241.00 $5,912.00 $15,153.00 120-01 .F. Logan, Inc. 875 Mendakota Court - Mendota Heights, MN 55120 ' ' 27-37660- Heaver Design & Construction Inc. Ivy Falls South Addition 13 1 $9,241.00 $5,912.00 $15,153.00 130-01 .F. I.ogan, Inc. 875 Mendakota Court Mendota Heights, MN 55120 *Utilities include, Sanitary Sewers. Watermains, and Storm Sewers Ivy Fans South 2 PARCEL REPUTED OWNER AND SUBDIVISION L()T BLK UTILITY * STREET TQTAL NU. DESCRII'TION NU. NU. 27-3'7660- Hea.ver Design & Construction Inc. Ivy Falls South Additinn 14 1 $9,24] .00 $5,912.00 $15,153.00 14�0-0i J.F. Logan, Inc. 875 Mendakata Court Mendota I�eights, MN SS 120 27-3'7fi60- Charles M& Nancy L. Tarara Ivy Falls Sauth Addition 15 1 $9,241.OQ $5,912.Q0 $15,153.OQ 150-01 856 i7sce2oa Ave. St. Paul, MN 55105 2�3'7660- Heaver Design & Construction Inc. Ivy Falls South Addition 16 1 $9,241,00 $5,912.00 $15,153.00 I60-01 Billie Lagan 875 Mendakota Court Mendata Heights, MN 55124 27-3'7660- Heaver Design & Construotion Inc. Ivy Falls Sauth Addition 1'7 1 $9,241.00 $5,912.QQ $15,153.00 1�0-0i .F. Logan, Inc. 875 Mendakota Court Mendota Heights, MN 55120 27 3166Q- .F. Logan, Inc. Ivy Falls South Addition 18 1 $9,241.00 $5,912.00 $15,153.00 180-01 724 1st Avenue Mendata Heights, MN 55118 27-3'7660- Heav�r Desiga & Constr., Inc. Ivy Falls South Addition 1 2 $9,241.00 $5,912.00 $15,153.00 010-02 875 Menciakota Court Mendota Heights, MN SS 120 273'7660- Heaveac Desiga & Constr,, Ina Ivy Palls South Addition 2 2 $9,241.00 $5,912.00 $15,153.00 020-02 S75 Mendakota Cowrt Mendata Heights, MN 55120 '"Utilities include, Sanitary Sewers, Watermains, and S#orm Sewers !vy Falls Soufh 3 • 1' i • � i:� ` August 1S, i996 TQ: Mayor, City Cauncil and Ciiy A�dl��tor �. FRQM: Tom Knuth, Senior Engineering Techniciau SUB�IECT: Plans & Specificaiions - South Plaza Drive F�tensian Job No. �606, Improvement No. 96, Project Na 1 Attached are the plans far street and utility construction for South Plaza Drive to serve the new HRA Senior Building. The contractor for the HRA building has started grading, and staff seeks Council au#horization to advertise for bids. We would like to apen bids for the project at 10:30 a.m., Monday, September 9, 1996 and present the results to Council for award at their September 20 meeting. Staff has also applied to MnDOT for a Limited Use Pernut to construct part of the cu1 de sac, designated to be large enough ta accommodate a bus turnaraund, on MnDOT property at the north end af the South Plaza Drive Extension. �_ • � 1/ I�l l�1�� o �1 ��► Staff recommends that Council approve the plans and specifications and authorize advertisement for bids. ' r:r�"f � : f1�� i.A If Counci� wishes to implement the recommenda�on they shouid pass motians adopting Resolation No. 96- ,"Resolution Appmving Final Plans and Specif'ications and Autharizing Advertisement far Bids far Impravements on Sauth Plaza Drive. City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 96- RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISIIVIENT FOR BIDS FOR IlVIPROVII��ENTS TO SERVE 50UTH PLAZA DRIVE EXTENSION (IlVII'RO`'EMENT NO. 96, PROJECT NO. 1) WHEREAS, the City Engineer reported that the proposed 'unprovements and construction thereof were feasible and desirable and further reported on the proposed costs of said improvements and construction thereof; and WHEREAS, the City Council has heretofore directed that the City Engineer proceed with the preparation of plans and specifications thereof; and WHEREAS, the City Engineer has prepared plans and specifications for said improvements and has presented such plans and specifications to the City Council for approval. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: 1. That the plans and specifications for said improvements be and they are hereby in all respects approved. 2. That the City Clerk with the aid and assistance of the City Engineer be and is hereby authorized and directed to advertise for bids for said improvements all in accordance with the applicable Minnesota Statues, such bids to be received at the City Hall of the City of Mendota Heights by 10:30 a.m. o'clock, Monday, September 9, 1996, at which time they will be publicly opened in the City Council Chambers of the City Hall by the City Engineer will then be tabulated, and then be considered by the City Council at its next regular Council meeting. Adopted by the City Council of the City of Mendota Heights this 20th day of August, 1996. CITY COUNCIL CITY OF MENDOTA HIIGHTS �� ATTEST: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor CITY OF MENDOTA HEIGHTS Dakota Counry, Minnesota RESOLUTION NO. 96- RESOLUTION APPOINTING 1996 ELECTION JUDGES WHEREAS, State Statutes require that appointment of election judges must be made by Ciry Council Resolution; and - � Whereas, the following list of persons has been submitted as qualified election judge candidates for the 1996 Primary and General Election; and PRECINCT NO. 1. Somerset School. 1355 Dodd Road R Sally Countryman D Katherine Goldman I 7ulie Blissenbach I Rita Desmond Ginny Elmer (General) R Eileen Mullen (General) R Mary Shaughnessy 648 Ivy Falls Avenue 1015 James Court 607 Pond View Drive 656 - 2nd Avenue 2126 Aztec Lane 1126 Kingsley Circle North 648 Ivy Falls Avenue 457-4770 688-6628 454-6426 297-5941 4541376 454-6050 457-4770 •• I • ' • . ' -,-- ••1 {•� R Bill Burke D Raymond Burrows R James Stubbs Jean Freeman D Carol Redding R Marcella Sundberg 707 Decorah Lane 454-3464 668 First Avenue 457-6658 1575 Boardwalk Court 457-5668 1701 James Rd. 454-4395 3318 Rolling Hills Ct. 452-4896 1838 Faro Lane .. • � - �• . �� • • D Jean Franson R Annabel Randolph R Helen Frye D Mary Hartz R Jeanine Suadberg 2170 Pilot Knob Road 541 West Emerson 1845 Hunter Lane 2200 Pilot Knob Road ': I\ ►• � ' u- i�� 1�1 �. - �- , D Laurita Weinzettel R Rosemary Hildebrandt D Linda Irey D Deirdre Madden � Darlene Misner 2140 Dodd Road 1783 Delaware Avenue 2275 Apache Road 825 Hilltop Road 7(}6 Ocala Lane 452-1390 457-3863 452-1331 452-1805 454-4659 454-2432 452-4661 686-0361 4542262 PRECINCT NO. 5. Visitation School. 2455 Visitation Drive D D R I R Marsha Knuth Rita Maczko Virginia Simek Kathy Miller Lucille Bonfe Supervisory, Judge R Rebecca Pentel Absentee and Alternate Jud�es R Evelyn Fischer D Lynn Maczko R Susan Doyle D Dolores Radabaugh R Theresa Esslinger D Rosemary Murphy R Amy Lilleboe Marsha Haugen Barb Carnes Larry Shaughnessy Kimberlee Blaeser 740 Mohican Court 907 Cheri Lane 814 Hazel Court 780 Keokuk Lane 2560 Concord Way 815 Deer Trail Court 1733 Lansford Lane 750 Cheyenne Lane 2306 Nashua Lane 653 West Marie Ave. 632 Callahan Place 1696 James Road 2528 Claremont Drive 753 Pontiac Place 660 S. Freeway Road 27 Dorset Road 2350 Copperfield Drive 454-7053 454-7031 454-6247 . .:: .:.. 454-1150 454-5961 452-2079 454-3190 454-1132 4541880 454-4363 454-5961 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota. Heights, that the preceding list of candidates are designated as 1994 Election Judges. Adopted by the Ciry Council of the City of Mendota Heights this Twentieth day of August, 1996. CITY COUNCIL CITY OF MENDOTA HEIGHTS Charles E. Mertensotto Mayor ATTEST: Kathleen M. Swanson City Clerk LIST OF CONTR.ACTORS TO BE APPROVED BY CITY COUNCIL ConcretejMasonrv Contractor License Booker Construction, Inc Excavating Contraetor Licease M& W Water and Sewer, Inc Metro Utilities, Inc Simones Excavating Services Gas Pi�iag Contraetor Metro Gas Installers, Inc SVAC Contractor Gilbert Mechanical Contractors, Inc �'enera? Contractor License Black & Veatch Construction, Inc John A Dalsin & Son, Inc MV Concrete Construction High Five Erectors, Inc Kathy�s Construction, Inc Twin City Acoustics, Inc Quality Drywall, Inc prvsaall/StLcco Contractor License K. M. Nelson Stucco, Inc Bill�s Stucco Service As�halt Contractor License Bituminous Roadways, Inc August 20, 1996 T4: Ma�or and C.i.t� Counc.iZ • CLAIMS LIST SUMMARY: Total Cla.uns Signifz.cant Claims MPG Unusual CZaims Brown & Chris Kaber �xc U S Pi pe � Foundr,y Vat7ey Paving n 0 stationery supplies Wentwor6h wtrmain Swanson addn/Ivy Falis wentworth wtrmain Curley � 465,�74 'L,5�6 110,867 25,406 .t62 , 48� 243,236 -� • ` Dept IO-A�n Oept 5Q-Roeds , - • � 15-5ngr . 60-Utilit�ds . � . � " . • 2�-Pu]ice � ?9-Parks • � ' � �6 Aug 1995 . $jG01� - C-:aims Lzst 30-Fire $O-PidllTtin9 � Pa�e 1 • ' " v�, �L�t -.s..z �. � . ;,;: ,J =.�;r .:..;:,-�.« .' �.. _ � . : �:;s, 'r �.� � -,.. , �. . I. . � � , , , , . _ , . . � . , _ . ., • . . , �s�yR'n%�k'�y,/ ti.:f�'�.t°si-"F,..:�z-� `,��i0'h:*��y:�y^��.tC!;i��= �a.qn'./,"':• � • � . I ..`i�, • " ', r:c.d �^C,v`.:y.;x�.?N;>,.$' y::K,� x��.,;i vi�,t�','S".0 :.,:f' ��K 'ti 5` . ., . . � � . � _ �``„'�A;.a„y�� . '� ".s:.: /.. �'ti�i' f:, i'l�i�'A c4Qif.'� �.3'y.:ra'1� SJ,1rht'P J}�' �y� '�� y,�.�r.�:fi"4. �'�� t .� , ��: .;� #�;�' ,�„ :r�� . . :t.:,, � 14.irh.�T.i.. .s .�SL: '1�IF'i�. LF.^'.:.i't':Y. �. � 'k�..y: •S'..iC:°�?a:v?.�„'ewi?.�. `:e3it". .F �•rc :+N� .�n.e.. t � - 'r � _ ' Y. , nY•7; . , �.' ' �.;}c'` . r , -:�!'y: . :,� . ' . . ` , + . . . . . �_ .. � . • - - : . , � • . , '• •j; ' . � .��J. ' . " . • r . ,; _ . , .. .. . � �' 16 Aug 1996 Claims La.st page 2 . :•Fri 7:54 AM City of Mendota Heights � i6 Aug f996 ^ C,aims List Fage 3 � ��i..,�.rK �4.: , ' x� �� '; . . , r;y ' ,dy�:�. .; , , . . . . � . . . ( i • 'i�P . y '� ., r; f �' . i � ` ; 5 . ; . ''�: ...N:✓.`.;x�li �t:. ( .':{. '�,x'.,^ `V� t'�.: '.�.t•. r . .. .•r`: � ' ' ' V:4;1,.:' �.,;,��:�. `�j�:,•r. �'hr<,• .. . ,i�' i�:. , � 4 . . ' . . . . . " " . . . ..�... ,. . . s� S" � - . ,... • , � . � j: . . � 16 Aug i99fi-- -- Clairns List Page 4 �Temp Ch�cii,P{iun�er 1 Z��4'n_ i,�, �_� •`?)�JCl;�1.'^- ��rr=i w �:1�; ' .•i., :�i+. `" :ti.:2$ •;y, . ' . , ,. yr n'•.... .f r • , i .Y � , `; � y� ! � ;. •• ~ . i: , �.: ;s:, „t, , +' ,''• � s:�F:•^�"Sa' �.n�Y,�i;;•". :.Q:: 'i;%'";<y ' .'w'�` .n�'.t.��;7.,.F�..4C,ay',,''1. >..9...... � ) � 16 Aug 29'3b Fri 7:54 AY �.. C2aims l.ist Ci�y of t�iE�YiUG'tci Feights �age 5 � ' � �ra'��'�'r"r,�, {�, i;•,c : t'y.:t:::...,�".:• +:: 3: , �,, . . . � - • • ,`:s, , s_�. • .� .. . 1...� �i.fi%�;.; k�� .t+.;. . . F. ,^t:M'. . ,. _ . � �r ' ' aiYs,•.:. .�. , .. : �,.. `'�. - • . ' • . � . ` • . , • � . . � • _ .r" , .. . • � . . � ._ ` � � i6,Au� ^996J . __ Ciaims List p�ge 6 . � � � 3emp �Check i�tumber,' • , . ,._ 41 ' . . . _ . . � . , . .. . , . , , • `/ i•K!i' • •�ia�;xi�1; �! •. t ^i1..7 •.i3v: � EC :L:�r. '� k' � � ' . . . 'w, .�{-r �•�' _ `-,� �4'V'�}^ 1�. .:ii�K', � C1. t . . '4 . `�4'�i 1�' • " . � . . 'w:, � . tr. . r � J . .',1; t D.. � ,1•• ' �rli\ `,:'S� i 4..." � y . �.y,r,. ...�� ,} i�t:'''i:, ..-"��- `. ` . 1.'ly; `.. � ,1, ,,{ i ' . ^ � '1: : «%d�s.h.�J.< �f� ...li ^ %t : ..,f;' . . - . ' . ' ... • ' � • ' .,. . ' �.. . . , . . . , ... . �• . 16 Rug 1996 � Ciaims L.ist Rage 7 f` �"�:1;:. •Y.4 ,�}•.•3��'�,r . '(r1�.'l,:�MY,n� ' .�I ., ' , ' . . . ' ` ` " . . . . . , ,. � , • ' �...� . . . , . . . . . . .. . Y ' . : • _'•. . . . ' ` ' . ' �t , � �i �, f6 Aug i996 Fri � 7:54 A�: Claims L'zst City of Mendata Heiqhts Page 8 } �r-.�'; w.; , , .. ' 't•.a � .., ,;� ,., , . • , • .. . ;; : ; � � � 1/ ' '�i'd:�t:Aw`l''ti.�. .a . iJ.�r�: ij��,{}�^� .%�' r�` • r ' . , ' � ' ' IC�I J.,M�.�✓;�:.�� . , 1.l l '�.,; , • . . . . � ' . ' . . . { ' . ' ' < ' . � "} � � �s t�� s�s-- �. C3aims List Page 3 �•; � ".::"`>1n,:% 60' Snyder,'Drug Stares , . 01-4305-020-2� splys • . 3.8@ . � � �:�i��:��.bi37'�"«�x'rf� do!;•',-'>k�s.�. _ - .< � � , . ' - " ' . . . � . . ' . ' . . r • • . . . _ ._. .. �. #5 Aug 5996 Ciaims List Rage 10 I• j "�;:, "� ;a{,:�, j -,` ', ,,ti.',r• ' � ' . , , ' , ; • - ' - � � . , � ' • ; .: ` • , �..1 � .:�.�a:.ts � _ . . . ' . .�� - � . . � Z ... , . ' . �. , � � . �._ � 16 Aug 1996 C3airos Gist � ' Page 21 �:• = . . � .S. . . ' . . �' . '. . • . . ' . . ` � t ' e ; ". • ' ' • ^ ' � ' . ,. - - . . • . . .._... , • . :' f,� . � .. . . . . — , - _ �! ,. , y " , • • ' .... , 1 �i;- � .. . ` . ' � . . ., . • . , , " , . :+ . . � �, • �;. . ,� x_ „r:,,:.°';�,�"�:::.,i ;. , : . . . . `. . . . . • `'t' , ;..�t:xs;�,+��tfi�^ :�;k�;s�, `�:�-azi: i i• i i • 1:�1 . -- August 16, 1996 TO: Ma or; Gi Council and Ci Ad��or Y tY t3' FROM: Guy Kullander, Pazks Project Manager SUBJECT: Friendly Hills Tot Lot I�M�� 1 y 1�. Ms, Sylvia Nelson, 2349 Apache Street contacted City Offices requesting that impmvements be made in the Friendly F[ills "Tot Lot". Staff directed Ms. Nelson to present her request to the Parks and Recreation Commissian. r •l � � Ms. Nelson listed the improvements she would like to see installed at the tot lot ta the Parks and Recreatian Commissian {raughly estimated at $12,040}. The Commission stated that they were not in favor of making the improvements to this tot 1at, because Frienclly Hills Park was onl.y 35U' away and because the City did not wish ta incar more responsibility for "Tot Lots". The Commission did agree that the planting of tre�s might be appmpriate. �_ � � u1��1 �!! ;�� The Park and Recreation Commission recommends that City Council consider inst��lling faur trees in the friendiy Hills Tot Lot. The Commission further recommends that the City Lngineer review the quality of dirt used ta fil1 the low areas of the tot 1ot, remove proiiuding rocks, add the specified amaunt of top sail required in the Street Re+constructian Contract, re- establish the turf, and add four trees out of Street Reconstruction Fund. * M � � � ! aiC ! Tf the Council agrees with the Park and Recreation Commissian's recommendation they should authorize Staff to re-establish turf and install four trees in the Friendly Hills Tot Lot from the S�et Recansiivction Fund. 0 , �,�, ��` � ,. y,.'� " 1L�.�I.....�.r'�'"'J �' 1 � .. �= i�'�I.,..r. � � 1 � i� :� � ..� .%. _.. P a� �,�:'j � �:�--•... ��:. ��MI��+ ��C '� �j ��' � ,�, � � \ I1�� l � [ � � � , r"" �' ` ��,i_i]r � �' ,� � �� !_ � r� fi•�� 1''�`'•.. �� _ , `, � �� _ �• _ ��.-, � ° + �y ►� ! ' �� ,� 1 � .;t: S �� .''�� • ��'�,��' �' �� ,�� *� ! � �._�l ��r� ., �:� � � t . �,� �� ; , �;,�� •, � - 1��' i�'' ,�1�`� ; ,`�?� � � r / j ' � � �' ♦ �j � � � � ..«. rI � `"�.�"' ..` � i� ..r � _ _ _ �„r�� y Yo,�` �r � ,t % • �` ,� �f .. a � •r � �a , � , ' r �� ! ' ' # ,• � ,h" ^, i � � � f ti� �� ' � �� 'yy � 9!, � I �, +^ .�� .�i�� '.r*. .` ... ♦ � � � � .�r �� - ,� � � �•� r � 0 �► '� ' ,. ?w,,,,� •` � �.�.� • :. ��/► �.. � ♦ �' � '�" i ' ` �r ,�''it � ..� �� +,' . r,. � �r•. � � , � � ��I�� . � •_ ��/�. ". . i. , �i4'::w�c.�i:'z!:.: f� ` \ ' i ,. ;»43S! _��,.,i� ,..:'s:,, ^ �S�y � �� `� / F � ��:::'i;;i3i•. , . . // ^ - r � '•'��i';' �3e:'i�'�� r ° ��:.::�.::�:::�• - �,,��1. � t� ::�� ;;;..� , _�:' '�-1�� -- j�..� J�! � � � � ,,. � "�, ,�" � � � . . �� /� � �� es , � / � � .:. T � : / ' _ t .� ---� ��'� Friendly Hills Park & t ,�e2k�Of�,. Tot Lot ' �Q�� .'1tM V.tC(�ORIA WFtVE • 11l�1001� HEY��15. IAN GSt18 '(612j +{vL-1854 e � � CITY OF M%.NDOTA HIIGHTS �_i ��i_ �a August 9, 1996 Mayor, City Council and City Administrator Guy Kullander, Farks Project Manager s,�d�� Friendly Hi11s Tot Lot Ms. Sylvia Nelson, 2349 Apache Street, will be present this evening to request Iandsca.pe impr�vements for Friendly �[ills Tat Zot, : � il �.! :1. The Con�mission discussed this par�el of park land which was dedicated to the City when the original housing develapment was built. Friendly Hills Park did not exist at that time and the deveiaper dedicated the Iand and variaus pieces of playground equipment ta the City. Sevexal years later the City acquired thmugh dedicatian and purchase the existing Friendly F[ills Park. In late 1989, the Cammission recammended to Council that the a1d play equipment, which was in a dangeraus condition, be removed and the laad sold for single family development and tbe proce�ds from the Iand sale be used for impmvements in. Friendly Hills Pazk. The subject of installing play eqaipment in the tot lot was discussed. The Commission felt that the play equipment in Friendly Hillas Park was anly 300 feet away and that any investment here would be a duplication. � Council held a public he�ring on January 16, 1990 with many residents present and oppased to the selling of the lots. After discussian of proposed referendum improvements and why no money was designated for this #ot 2ot the Council referred the issue back to the Commission for �econsideration, Sever�l residents attended the February 13, 1990 mee�ing and requested improvements for the tot loi. The Commission did not want ta make any imp�avements because of the pmximiry af the play equipment in the park. Chairperson Huber asked the Parks Commission if there were any moti.ans based on the citizen's request. There were na motions forthcomi.ng from the Commission. During the recent strcet reconstructian pmjeet the low areas of the tot lot were filled and reseeded. T`his was done so that the mowers would not bog dawn when graund water levels were high. The only maintenance done on this parcel is regular Lurf mowing. r.T�� __�� 1�� Review the reqaest fmm Ms. Nelson, CITY OF MENDOTA HIIGHTS U1�1� � August 16, 1996 TO: � Mayor, City Council and City Ad�tor FROM: Guy Kullander, Pazks Project Manager SUBJECT: Parks 5 Year Capital Improvement Plan N I�Y Y: � 1 M�� Council inquired as to why the constiuction of tennis courts at Hagstrom-King Park was not included in the 1997-2001 Park 5 Year CIP and requested Staff to ask the Parks and Recreation Commission to review this item for inclusion in the CIP. 1 I� The Commission felt that "big ticket" items should not be placed on the 5 Year CIP but be considered on an "As Needed or As Requested" basis. The Commission has not received any written requests in the past two years for tennis courts at this park. The Commissioners expressed skepticism at the need for additional tennis courts at this time and said they would revisit this issue when a formal request is presented to the Commission. I�_ 1 ��I��I_��1 ; y � � The Commission does not recommend scheduling the construction of tennis courts in Hagstrom-King Park at this time. I�I Y �� t��1;_ 1 If the City Council concurs with the recommendation of the Parks and Recreation Commission, they should take no action to place this item on the 5 Year CIP. � a CITY OF MENDOTA I�IGHTS ' � o fl August 9, 1996 TO: Park and Recreation Commission FROM: Guy Kullander, Parks Project Manager SUBJECT: Five Year Capital Improvement Plan (CIP) Council acknowledged receipt of the recommended plan at the 7uly 16, 1996 regular meeting. Councilmember Smith requested the Commission revisit the plan and to schedule in the tennis courts at Hagstrom-King Park. The Commission stated that large ticket items, such as the Cross Country Ski Trail, Lights at Mendakota Park, etc. would not be included in the Five Year Plan but reviewed on a per project basis and did not need to included in the CII'. :i � ; � M;� y�.r.i � �t � �. � 11Y:� ; : : ; Tennis courts were proposed at the North Kensington Park. Residents and Council said no. The Commission told neighbors that courts in Hagstrom King would be considered after plans for the new Middle Schaol were approved. Staff has not received any new requests for a court in this park siace the North Kensington Park discussion in 1993. fn the 1985 Facility Needs Study the recommended standards for the number of tennis courts in a City with a population of 14,0{?0 would be eight (8). Our inventory at this time is City owned = 12, Schaol District 197 = 8, Private School = 3. No record of private courts exists in my files. ��ZK� ��iu��l� :jwCi�# The Commission may want to revisit the CIP and add in new improvements in upcoming years or more clearly state the Commissions criteria for what type aad size of project is to be evaluated on an as needed or as requested basis, especially projects that exceeded $25,0{}0. � Attached is a list of improvements to consider adding to the Five Year CIP. CITY OF MENDOTA HEIGHTS Ti � � August 15, 1996 To: Mayor and City Council From: Kevin Batchelder, City Ad tor Subject: Presentation of Air Noise Plan of Action DISCUSSION The City's Airport Relations Commission has been reviewing and updating its Air Noise Plan of Action over the last several months. The Commission has fuushed their work and would like to present to the Council their recommended Airport Noise Plan of Action for consideration. The original Airport Noise Plan of Action was accepted by City Council on August 2, 1994 and has served the City well over the last two years. Many of the items in the original plan have been completed successfully. As a blueprint for action, the plan has greatly assisted the Commission, the Council and staff in focusing on air noise reduction and mitigation priorities. As stated earlier, the Commission has reviewed the original plan and the action steps that have been addressed are marked as completed in the revised version before you this eveni.ng. The Commission has chosen to use the same model in developing the updated plan. This model includes five basic steps, as follows: 1. Identify focus issues . 2. Identify specific goals 3. List what needs to be done - Action Steps 4. Identify who will work on each action step 5. Determine when each action step will be addressed Based on this model, the Commission has identified six broad "focus" issues, as follows: 1. Noise Reduction Through Modif'ied Takeoff Procedures 2. Heighten Awareness of Mendota Heights Air Noise Concerns 3. MSP Long Term Comprehensive Plan 4. Conversion to Stage III Quieter Aircraft 5. Noise Reduction through Litigation 6. Assure Eligibility for Part 150 Sound Insulation in Affected Areas Recognizing the changing and dynamic nature of the airport and its associated air noise impacts, it is acknowledged that this Plan of Action will need to be updated from time to time. Mr. Scott Beaty, Chair of the Airport Relations Commission, and other Commissioners will be present on T�esday evening to present the recommended plan of action. It is recommended that the Draft Air Noise Plan of Action be accepted as the document which will guide the City's air noise mitigation efforts over the course of the next year. RECOMMENDATION The Airport Relations Commission, at their meeting of August 14, 1996, voted unanimously to recommend that City Council accept the Draft Air Noise Plan of Action. ACTION REQUIRED City Council should receive the presentation from the Airport Relations Commission of the Draft Airport Noise Plan of Action and should offer any suggestions, modifications or additions. Subject to this discussion, City Council should consider a motion to accept the Airport Noise Plan of Action as the blueprint which will guide our efforts to reduce and mitigate air noise exposure within the community for the next year. MINNEAPOLIS/ST. PAUL INTERNATIONAL AIRPORT TOPICS OF INTEREST Updated and Prioritized July 10, 1996 1. Non-Simultaneous Departure Procedures. � �� e�� 2� Global Positioning Satellite Technology (Imp� e ented=1� �v96). 3. Prevention of Third Parallel Runway 4. Nighttime Restrictions on Aircraft Operations. 5. Noise Measurement Issues - a. Usefulness of Ldn 65 Contour b. Expansion of MAC Aircraft Noise Operations � Monitoring System (ANOMS). 6. Equity of Current Runway Use System. 7. Noise Abatement Departure Profiles. 8. MSP Mitigation Committee. 9. MAC and MASAC Representation. 10. Phase Out of Noisy Stage II A�rcraft. 11. MSP Long-Term Comprehensive Planning Issues - Expansion of Existing Airport. � 12. FAA Airspace Usage Study. � � �,,,,, ��.a.�e 13 Corridor Definition/Compliance Issues. 14. Metropolitan Council "Noise Zone Map° Update and Related Land Use Controls. 15. �Aircraft Ground Noise During Periods of Departure Over Minneapolis. 16. Aircraft Engine Run-Up Noise. . ._ AIR NOISE PLAN OF ACTION Issue: Noise Reduction Through Modified Takeoff Procedures Goal: Implementation of Non-Simultaneous Takeoff Procedures Which Minimize Mendota Heights Air Noise Exposure Action Steps: 1. Review previous MAC representations on issue with City Council. 2. Draft letter to MAC requesting update on revised non-simultaneous takeoff procedures - invite Mr. Hamiel to upcoming ARC meeting. 3. Depending upon response, chose appropriate means of advocating rapid implementation of new procedures. 4. Continue pursuing additional follow-up with MAC and the FAA. 5. Pursue magnetic shift affect on 105 degree heading for 11 R 6. Follow up letter to FAA Copy Legislators State and Federal � ►W� .i. � Staff/ ARC Staff Staff/ ARC Staff/ ARC Staff/ ARC Staff When Completed Completed Completed Continuous Following NSDP Decision by FAA September AIR NOISE PLAN OF ACTION Issue: Noise Reduction Through Modified Takeoff Procedures Goal: Adoption of "Close-In" vs. "Distant" Takeoff Procedures to Reduce Noise Generation Over Mendota Heights. Action Steps: 1. Review FAA requirements with City Council. 2. Continue participation on MASAC Operations Committee which is currently reviewing issue. 3. City recommend what procedure should be tested. 4. MASAC reports recommendation to MAC Planning and Environment Committee 5. MAC Planning and Environment reports recommendation to MAC. 6. MAC recommends to FAA procedure to be tested. 7. FAA designs flight procedure be tested. 8. FAA begins flight test. 9. City to evaluate test results and make recommendation to MAC and FAA. 2 Who Staff/ ARC Staff/ Council When Completed Completed ARC/ Completed Council Staff/ARC August/Sept. 1996 Staff/ARC Sept. 1996 Staff/ARC ? Staff/ARC ? Staff/ARC ARC/Council � 1997 Issue: Goal: AIR NOISE PLAN OF ACTION Noise Reduction Through Modified Takeoff Procedures Adoption of Mandatory Nighttime Takeoff Regulations to Reduce Noise Generation Over Mendota Heights Action Steps: 1. Review previous MAC representations on issue with City Council. 2. Research nighttime flight restrictions imposed at other U.S. Airports. 3. Depending upon findings, prepare request to MAC for adoption of more stringent requirements. 4. Pursue designating the hours of 10:30 p.m. and 6:00 a.m., only Stage III aircraft to fly during this time period. 5. Request this issue to be placed on MASAC Operations Committee agenda 6. Call NOISE and inquire about U.S. Airport nighttime restrictions. 7. Pursue cessation of head-to-head operations. 3 Who When Staff/ARC Completed Staff/ARC Completed Staff/ARC Completed ARC/ Completed Council Staff September 1996 Staff September 1996 Staff/ARC Fa111996 Issue: AIR NOISE PLAN OF ACTION Noise Reduction Through Modified Takeoff Procedures Goal: Implementation of Narrowed Air Traffic Corridor which Minimizes Mendota Heights Air Noise Exposure Action Steps Who When 1. Investigate potential of Global Positioning Staff/ARC Winter - 1996/97 Satellite technology 2. Presentation to Commission on GPS by MAC or other expert 3. Advocate for Maintenance of 5 mile final arrivals and 3 mile corridor for departures 4. Pursue the benefit of updating Tower orders to original intent before shift in magnetic headings � Staff Jan. 1997 Staff/ARC Jan. 1997 Staff/ARC Fa111996 AIR NOISE PLAN OF ACTION Issue: Heighten Awareness of Mendota Heights Air Noise Concerns Goal: Produce and Distribute Informative Refrigerator Magnets Advertising the MAC Air Noise Complaint Line Action Steps: 1. Investigate costs of magnet production and distribution. 2. Commission to review design. 3. Order delivered to City Hall 4. Magnets distributed to Council and ARC. 5. Commission to review final letter and news release. 6. Magnets distributed to residents 7. Additional magnets available at City Hall upon request. 8. Continue to inform the community on ARC projects and concerns using the City's newsletter and separate single page mailings. 5 Who When Staff Completed ARC Completed Staff Completed Staff Completed ARC Completed Staff Staff Completed Completed Staff/ARC Continuous Issue: Goal: AIR NOISE PLAN OF ACTION Heighten Awareness of Mendota Heights Air Noise Concerns Expand Distribution of Air Noise Related Information Actions Steps: 1. Expand mailing list for ARC agenda to include State Senators and Reps. 2. Mail letters to State Senators and Reps. Introducing ARC 3. Invite guests to monthly ARC meetings (i.e., Mr. Hamiel, Mr. Wagoner, State elected officials) 4. Expand coverage of air noise issues. 5. Devote entire page of air noise issues in the City's newsletter 6. Continue to send press releases to newspapers, State Senators and Reps. 7. Promote air noise mitigation document. 0 Who When Staff Continuous Staff Continuous Sta"ff Continuous (Quarterly) Staff Continuous Staff Quarterly Staff Continuous Staff/ARC Sept. 1996 AIR NOISE PLAN OF ACTION Issue: Heighten Awareness of Mendota Heights Air Noise Concerns Goal: Appointment of City Resident to the Metropolitan Airports Commission Action Steps: 1. Review current distribution of MAC Commissioners with ARC 2. Prepare letter to gubernatorial candidates asking for their position on MSP expansion, corridor use, MAC representation 3. Discuss City concerns with our current MAC representative 4. Monitor gubernatorial election 5. Discuss concerns with State Senators and Reps. Regarding composition of MAC. Pursue legislation to amend MAC Commissioner boundaries 6. Compare cities affected by air noise to MAC representatives 7. Review MASAC representation and MAC representation with Northern Dakota County Airport Relations Commission. r� Who When Staff Completed Staff Completed ARC Completed Staff Completed ARC/ Dec.96/Jan.97 Council ARC Feb. 1997 ARC/Staff March 1997 AIR NOISE PLAN OF ACTION Issue: MSP Long Term Comprehensive Plan Goal: Prevent Construction of Third North Parallel Runway Action Steps: Who When 1. Update Commission on status of Staff Completed MSP LTCP Study 2. Continue participation on MSP Technical Working Committee 3. Respond to public comment request Draft Alternative Environmental Document for MSP 4. Retain experts to assist in efforts to prevent the designation of the third north parallel runway as the preferred MSP expansion alternative 5. Respond to public comment request to Final Alternative Environmental Document for MSP Staff Completed Council/ Completed ARC Council Council/ ARC 6. Research what would stop the construction Staff/ARC of a third parallel runway Not Applicable Completed 7. Pursue MAC contract on the prohibition Staff/ARC Sept. 1996 of third parallel runway as per 1996 Council Dual Track legislation. 8. Research MAC Acquisition of Bureau of Staff Oct. 1996 Mines property and MAC interest in off airport properties in 3rd runway area E: Issue: Gaal: AIR NC)1SE PL�►N �?F ACTIC?�I MSP �ong Term Comprehensive Ptan [mplement Noise Mitiga#ion Needs in MSP Mitigation �ommittee's Recommendatians Actian Steps 1. Discuss Mitigation Needs Statement 2. Support Mayor's Efforts on MSP Noise Mitigation Commifitee 3. Consider Joint Efforts with NDCARC 4. Cansider Assistance from Dakota County 5. Cansider Lobbying and Stafie Legislative Efforts � E Who When ARC May, Juner July ARClStaff Summer 1996 � r .• . Aug. 1996 Aug. 1996 Oct. 1996 Issue: Goal: T AIR NOISE PLAN OF ACTION Conversion to Stage III Quieter Aircraft Assure Conversion by Federal Deadline of Year 2000 Action Steps: 1. Review NWA obligations to MAC regarding Stage II phaseout and research fleet mix at various airports around the country 2. Prepare letter to MAC regarding ongoing contract talks with NWA to request inclusion of language specifying phase out date 3. Work with MAC Commissioners who are supportive of effort to help build consensus amongst MAC 4. Letter to NWA asking for their cooperation in committing to Year 2000 phaseout 5. Prepare media news releases and information letters explaining issue and asking for letters and/or calls to MAC in support of contractual language. � 6. Work with MAC to assure 1996 legislation to convert to all Stage III aircraft by Year 2000 is implemented 7. Consider Backsliding of Stage III Conversion 8. Request MASAC Consideration of Backsliding 10 Who When Staff/ARC Completed Staff Completed Staff/ARC Completed Staff Completed Staff Completed Staff ARC ARC/Council Continuous Upon response of NWA same AIR NOISE PLAN OF ACTION Issue: Noise Reduction Through Litigation Goal: Determine Feasibility of a Legal Challenge to Current Air Noise Distribution Action Steps: Who When 1. Review history of legal challenges Staff/ARC Completed related to air noise 2. Investigate FAA procedures in effect at time of 1973 corridor decision - Freedom of Information Act request? 3. Continue to be kept abreast of other communities' issues and possible litigation process 11 Staff Completed Staff/ARC Continuous > AIR NOISE PLAN OF ACTION Issue: Assure Eligibility for Part 150 Sound Insulation Program in Areas Affected by Air Noise Exposure Goal: Air Noise Mitigation Through Sound Insulation Action Steps: � Who When 1. Meet with school administrators Staff Completed ' to discuss need 2. Analyze MAC School Noise Monitoring Staff/ARC Completed Study 3. Continue to monitor changes in the Ldn Staff/ARC On-going contours and monitor the Part 150 Sound Insulation program completion process. 4. Advocate expansion of Part 150 ARC/Council Fall 1996 program through MSP Mitigation Committee. 5. Advocate for the use of ANOMS data ARC/Council Fall 1996 for Noise Contour Generation for qualifying Part 150 area 6. Examine the feasibility of purchase or ARC/Council 1997 acquisition through Part 150 for severly impacted areas * Updated August 14, 1996 �Fa 4 � CITY OF MENDOTA HEIGHTS �� _ August 16, 1996 - TO: Mayor, City Council, and City Ad ' t3� , . FROM: Marc Mogan M5 M Civil Engineer SUBJECT: Bunker Hills Street Reconstruction Feasibility Report Job No. 9514 Improvement No. 96, Project No. 3 INTRODUCTION• The condition of the existing streets in the Bunker Hills neighborhaad are such that typical preventative maintenance practices no longer provides an acceptable driving surface. The streets ia this neighborhaod wanant resurfacing or total reconstruction under these circumstances, in order to restore the street to an acceptably smooth bituminous surface. This feasibility report, which the City ordered by Council Resolution No. 96-40, on June 18, 1996, will discuss the project background, description, costs, financing, schedule, and offers a recommendation for the improvement. � BACKGROL]ND: The streets ia Bunker Hills were constructed in the early 1970's. The streets were constructed to the City's rural standard of 30 feet wide with a 6" gravel base and a 2" bituminous surface. During the past 25 years, the streets have been slowly deteriorati.ng, street sections have lost their cmwn, water is ponding in front of many driveways and the bituminous surface is cracking and crumbling. Potholes and deficient street sections are repaired under the yearly street maintenance budget and the curnent frequency and extent of these repairs suggest that this course of action is no longer prudent. The normal expected service life for bituminous streets is 20 years, which at tlus time would suggest that a street reconstsuction project for this neighhorhood is warranted. PRO.TECT DESCRIPTION: There are appro�dmately 1.9 miles of streets in the Bunker Hills neighborhood, which include Arvin Drive, Hilltop Court, Hilltop Road, Ridge Place, Wachtler Boulevard, Willow Lane, Valley Curve, and the gra.vel alley between Willow Lane and Hilltop Road west of Dodd Road. A complete reconstniction project in this neighborhood would be more complicated than adding curb and gutter and installing a new bitumi.nous surface. Installation • r of B618 concrete curb and gutter might affect existing drainage pattems on private property. Grading will be required to match the existing grades with the proposed curb. Side yards may need to be regraded to drain backyards effectively. All streets, except for Valley Curve between Willow Lane and Hilltop Road, and the gravel alley west of Dodd Road would be reconstructed to meet seven ('� ton capacity pavement section design requirements, constructed 33 feet wide face to face with concrete curb and gutter, and storm sewer where appropriate. There are no driveways wluch provide access to properttes on the section of Valley Curve between Willow Lane and Hilltop Road, and therefore I see no compelling mason to reconstruct this section as a street. There are, however, existing sanitary sewer and water lines constiucted within this right of way, and consequently the City will want to have good access in this area. to perform maintenance on these facilities. I therefore propose that the section of Valley Curve between Willow Lane and Hilltop Road be reconstructed as an 8 foot wide bituminous trail instead of a street in an effort to reduce the cost of this project. The existing gravel alley only provides driveway access to the six properties on the west side of the alley. This alley is not within a public right of way. I would assume that the six property owners who access their properties from this alley would not want it upgraded to either appear or function as a through street. For the reasons mentioned, I propose that this alley be paved with bituminous 22 feet wide with an inverted crown (without concrete curb and gutter). The inverted crown in this design section would convey runoff down the center of the alley, where it would discharge to either a catch basin connected to the storm sewer system, or the concrete gutter where the alley joins the street. Staff received a letter from Steven and Terre Marks of 745 Hilltop Road regarding safety concerns at the intersection of Hilltop Road and Dodd Road (see attached). One of the points made in this letter was the possibility of eliminating the Hilltop Road connection to Dodd Road. There could be some merit in this proposition for a number of reasons, and Council may want to direct staff to investigate this further. The installation of curb and gutter on this project necessitates construction of storm sewer to effectively route storm water runoff off-site. There are several locations in the Bunker Hills neighborhood where storm water presently diains to some existing storm sewer catch basins or culverts. The existing storm sewer conduits would be utilized and incoiporated into the design of the proposed storm sewer system design wherever possible and appropriate in an effort to reduce cost, and minimize storm sewer construction impacts. An effective way of rebuilding streets to achieve a greater design strength is to reclaim the existing bituminous surface and incorporate the reclaimed bituminous as part of the base material. This method has been used with good success on the London/Downing, Friendly Hills and Curley's Valley View Street reconstruction projects, and would be used on this project. Construction would commence with reclamation of the existing bituminous surface that would be crushed for use as a recycled aggregate base for this improvement project. Storm sewer pipes would be constnicted in accordance with the storm sewer system design. Existing ditches and driveway culverts would be eliminated. Inadequate street subgrade condi`tians would he repaired. Drain tile would he installed, where necessary and feasible, to pravide a stable subgrade for street construction. Additional aggregate base wouid be placed as required. Concrete curb and gutter would be canstiucted, fallowed by the construction of two lifts of bituminaus surface. Driveways waald be reconstnzcted in kind, to the extent they were disturbed. Boulevards would be finished graded and restored with seed ar sod. PRO.iECT COSTS: A summary of the preliminary estimated pmject casts including contingencies, enginzeering, administratian, and overhead for the proposed improvement are as follows: Iiem Description R�atermain Storm Sewer City Standard Streets TOTAL PROJECT COST PRO.TECT FINANCING: Project Cost This project would be financed from a combination of special assessments, Infrastructure Reserve, and Water Utility Funds. In 1992, City Council adopted the Street Rehabilitation and Reconstruction Palicy. This palicy encourages the upgiading of �ural street sectians to City Standard Streets. The policy also makes funds available from various City funding saurces to aid in the cost of certain street reconst�uction projects. The City Street Rehabi.litatian and I�:econstruction policy states that the City will finance up ta 50 percent (509b) of the tatal project cost for a project to upgrade and reconstruct streets tha.t meet the requirements for City Standard Streets. That same palicy indicates that benefited pmperties should be assessed the entire cost of the upgrade or capital improvement {i.e., storm sewer and cancrete curb and gutter}. This pmject pmpdses to devia#e firom this funding palicy in a manner cansistent with the other street reconstruction improvement projects which have recently been constructed in the City. On the other pmjects, after deducting all passible Water Utility, TIF, or Municipal State Aid (MSA) funding contributions, the City funded SO percent (S0�) of a11 project costs fram the Infrastructure Reserve Fund that would otherwise be assessed ag►ainst bene�ting properties. The same funding appmach is being recommended to fmance the cost of these improvements. Under this proposal, the property owner wvuld be assessed one half of the cost of the proposed improvement project with matching City Infrastructure Reserve funds after deducting all contributions from other possible Ciry funding sources, 1 I propose that all incidental watermain related construction costs be financed out of the Water Utility Fund. The lots in this neighborhaod are large. Compounding this situation is the relatively inefficient platting of the lots themselves. Evidence of tlus is exhibited by the significant number of through lots, and the combined length of corner lot frontage. Given these circumstances, I am proposing that the City offer assistance in this regard, by arbit�arily adding another unit assessment to the total number of assessable units for each through lot in this neighborhood (six additional). Any lots which are curnently vacant, would be included in the total numher af assessable lots for the determination of the per lot cost, but could have the assessments deferred until such time as the properiy is developed. There are 74 assessable residential lots within the project. Adding the 6 through lots whose assessments would be funded by the City increases the total number of assessable lots to 80. All assessable properties withi.n the improvement pmject, including the six properties which front the alley, would be assessed 50 percent of the remaining improvement costs on a per lot basis. The properties wluch front the alley will �enefit from this improvement groject, but not to the extent of the other properties. For this reason, I propose that these six property owners pay only that portion of the assessment cost attributable to construction of the alley, including a proportionate share of the indirect cost, with the remaining balance of the per lot unit assessment being paid by the City. Based on the funding plan as described, the proposed total assessment per residential lot, (including two privately owned vacant lots, and six City subsidized through lots) is: $776,000 = 801ots =$9,700 per lot. The proposed total assessment per property owner is: $9,700 x 50 °b =$4, 850 per lot. This project as it is currently proposed is expensive, and results in the highest proposed per lot assessment to date for any street reconstruction project undertaken in the City. As was mentioned earlier, this is the case primarily as a result of lot density and the inefficient platting of the properiy in the neighborhood. As a matter of comparison, the Bunker Hills neighborhood as it currently exists has 20 °b more lineal feet of street centerline, and 25 °b fewer assessable properties than the Curley's Valley View Addition neighborhood. Based on the above criteria, the proposed improvement funding amounts are as follows: City Standard Street �nding Source: Water Utility: Infrastructure Reserve Fund: Special Assessment: TOTAL PROJECT: �nding Amount $12,040.00 $421,900.00 $354,100.00 $788,000.00 � PRO.TECT SCHEDULE: It is anticipated that the entire improvement could be substantially completed during the 1997 constntction season if the pmject is ordered and appraved in a t.ime2y manner. Following is a tentative schedule af target dates for the proposed improvement project. Task ' Time Public �Iearing September 17, 1996 Field Survey October - December 1996 Design November 199b - January • 1997 Bid February 1997 Construct May - 4ctober 1997 Assess October 199'7 PRO.TECT INITIATICIN: The propased improvement project was brought before the City Council by a petition af Iess than 35 percent (35 �) of the total assessable frontage af property awners in the Banker Hills neighbcarhoad, and therefore, Minnesota State Statue Chapter 429, "Loca1 Improvements,. Special Assessments" stipulates that a four-fifths majority will be reqnired if the City Council is to order this pmposed public imgrovernent, RECOMMCNDATION: The Bunker �Ii]1s street reconstiuction praject is feasible from a technical and economic standpaint, and can be accomplished independent of any ather impmvement project as praposed. This project, as it is currently proposed, is e�ensive for all the z�easons mentioned, and results in the highest proposed per 1ot assessment to date for any street recons�ruction pmject underl.aken in the City. I will be in attendance at the Council meeting to discuss this report and answer any questions. I recommend that Council be prepared to accept the feasibili�y repc�rt as presented or amend it as necess�uy, consider using possib% a�iternaiive City fiunding sources ta increase the City cost participatian to help reduce the per lot assessments, and procec�d with the pmposed improvement pmject by holding the mandatary public hearing on September 17, 1996. ACZZ4N REQUIRED� If Cauncil desires to implement the recommendation, they shauld pass a motian adopting Resoiution No. 9b-,_, RFSOLUTION ACCEPI�TG ENGINF•F1t'S FEASIBILITY REPORT AND CALLIivG FOR A PUBLIC HEARING FOR STREET RECONSTR.UCTION AND F�HABILITATION IlVIPROVEIVIF.NTS TO SERVE THE AREA RE,FE,RRF.�? TQ AS BUNK�R HII.LS INCLUDING PRQPERTIE.S IN RIDGEWOOD FARK, SOMERSET HILIS, S011/ITRSET ffiLLS NO. 2, SPRING CREEK ACF:ES, AND VALLEY CURVE ESTAZ'ES {JOB NO. 9514, IlVIPRQVIIV�Nr NO. 96, PROJECT NO, 3). ` � City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 96- RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSE� STREET RECONSTRUCTION AND REHABILITATION IMPROVEMENTS TO SERVE TH� AREA RF,FF.RRF.n TO AS BUNKER HII.L5 INCLUDING PROPERTIES IN RIDGEWOOD PARK, SOMERSET HII,LS, SOMERSET HII.LS NO. 2, SPRING CREEK ACRES, AND VALLEY CURVE ESTATES (IlVIPROVII��ENT NO. 96, PROJECT NO. 3) WHEREAS, the City Engineer has submitted his report to the City Council with respect to the proposed reconstruction and reha.bilitation of streets in Bunker Hills, to-wit: The construction of street improvements consisting of the acquisition of easements and the grading, stabilization, drdinage and bituminous surfacing, construction of concrete curbs and gutters and storm pipes on the streets to be situated in the area hereinafter more particularly described. WHEREAS, the area proposed to be assessed for said improvements is situated within the City of Mendota Heights in Dakota. County, Minnesota, and is more particularly described as follows: Those parcels abutti.ng Arvin Drive, the alley between Willow Lane and Hilltop Road west of Dodd Road, Hilltop Court, Hilltop Road, Ridge Place, Valley Curve, Wachtler Lane, and Willow Lane. WHEREAS, in said report said City Engineer reported that the proposed improvements and construction thereof were technically and economically feasible, and desirable, and further reported on the proposed costs of said improvements. NOW THEREFORE, IT IS �REBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota. as follows: 1. That the report of said City Engineer be and is hereby received. 2. That a public hearing on said improvements be held on Tuesday, September, 17 1996 at 7:45 o'clock P.M. or as soon as possible thereafter, at the Mendota Heights City Hall 1101 Victoria Curve in the City of Mendota Heights. 3. That the City Clerk, with the aid and assistance of the City Attorney, he and is hereby authorized and directed to prepare a notice of said hearing and to cause said notice to be published and mailed to the owners of the property s�tuated within said area, all in accordance with applicable Minnesota Statutes. Adopted by the City Council of the City of Mendota. Heights this 20th day of August, 1996. CI'TY COUNCII. CITY OF MENDOTA HIIGHTS : Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson City Clerk August 9, 1996 � ' Dear Mr Danielson, I am requesting your attention regarding the safety conditions adjacent to _ our property at Hilltop & Dodd Road. My concern is for the safety of our child, the chiidren in the neighborhoods along Dodd Road and the risk to motorists. . As more new housing and young families have populated the areas along Dodd- Road, I feel it would be prudent for the City of Mendota Heights to lower the speed limit on Dodd Road North of Hwy 1 10 to 30MPH. Currently the speed limit is 30MPH as you drive South of Doddway Center, increases to 35MPH once you pass Somerset Elementary Schooi and then to 40MPH at Wentworth. As vehicles can never travel more than about 4/�10's of a mile before reaching a stop sign or a stoplight, lowering the speed limit should have a negligibie effect on the overall fiow of traffic. Traveling from South to North, the existing 40MPH speed limit lessens the likelihood of traffic actually slowing to the posted 30MPH before reaching the gradeschool area. Of greatest concern to me personally is the safety of our 4 year otd son and the dangerous conditions at the corner of Hilliop Road & Dodd Road. Because of � the hili and curve on Dodd Road there is extremely poorvisibility between Willow Road & Hilltop Road and vehicles traveling North to South at 40MPH . would have little time to react if our child, or a neighbor's child, were to walk, run or ride a bike onto Dodd Road. Additionaliy, it is very difficult to access Dodd Road by car from Hilltop Road and almost impossible during a slippery winter day. I have witnessed many vehicles running the stopsign so as to avoid getting stuck at the top of Hilltop Road. Because of these conditions I am also asking that the city act in one of two ways. 1) Place a stop sign on the North & South direction of Dodd Road at Hilltop Road. 2) Close traffic access to Hiiltop Road from Dodd Road. This would require only a few households to slightly reroute as there are two other roads that access Dodd Road, one block North of Hilltop and one block South as well as access to Marie Ave at Wachler. The fourth access at Hilltop is very unsafe and does not seem necessary to serve the relatively small number of homes in the area. I look forward to talking with you concerning this problem and i am asking for your help in addressing these safety concerns before a serious accident - occurs. Thank you for your time and consideration. � Steven & Terre Markes , ��-- /�� G�� 745 Hilltop Road Mendota Heights, MN 551 18 H) 683-9713 W) 552-2603 " � . . � . 4' 400� � LEGEND `--r— PROPOSID STY}RM � PIPE � a--3--- F.RISx'II�IG STORM SEWER PIPE . Effi5TT12tTGBSxUiS�TOIIS ST:E2EET � E�S'�TG GRAVEL ALGEI' nrwx� �.vE. 0 f . aa�vvwdva �,.iv�aLiyl\ ' . • ' BiTNI{F.,R HTx,LS STRT{�`ET RI�'.C;ONS�t.iTC1TON ' FEA,SIBII.I.TX REl'ORT ' � ras rio ss�� n�ova�.am�arac rro a� DBAWN BY JAS - DA� 8/1�1/96 CITY OF MENDOTA HEIGHTS �� August 16, 1996 To: Mayor and City Council From: Kevin Batchelder, City Ad . r Subject: Petition from Tilsen Highland Heights for Street Resurfacing DISCU5SION In July, the City received a petition from 42 residents in the Tilsen Highland Heights� neighborhood requesting that their streets be resurfaced. City Council was informed of this petition and told that it would be presented at a Council meeti�g when the Bunker Hills Street Improvement Project was brought forward. (Please see attached petition and cover letter from Mr. Stanley Karon, 1764 Douglas Court.) The streets in Tilsen Highland Heights may be beyond typical street repairs that are budgeted in the annual street mai.ntenance budget. Mendota Heights typically considers one Street Reconstruction Project per year and in the last several year� we have completed projects in London/Downing, Friendly Hills and Valley View Heights. City Council is currently considering the Bunker Hills neighborhood for 1997. ACTION REOUIRED City Council should acl�owledge the petition from the residents of Tilsen Highland Heights and provide staff with any appropriate direction. ; a� � � STANLEY E. KARON 1764 DOUGLAS COURT ST. PAUL, MINNESOTA 55118 r�"'�;��r}��;} ��'` #; t��t .� � . � :_e,:{�x1 i.,,,�„� � t . t � �'� {bl2) 452-I372 � ,,t� - �-.�..i:,:, rt., r�j i�� .a" '�+ 'i: `.�Y�_ .� � ��j � Office of the Mayor ��,`�'�' `�,--��,-�,_� �-- . . y . �::.. � - _r �_ City of Mendota Heights, ..`��'.,. v....;.� ._._,....,t'��; r�. 1101 Victoria Curve Mendota Heights, Mn 55118 � Re: Street repairs - Highland Heights Ju1y 8,1996 Dear Mayor, � Enciosed are three seperate petitions signed by 42 of our neighbors requesting immediate resurfacing of our streets in Highland Heights. If }�ou drive aur neighb�rhood ycu will see a lovely residen�ial area blighted by cracked, pached biacktop s�reets. It has become an eye sore and is embarrasing. We aslc that our tauc dollars (which continue to rise) be used to return our neighborhood to the sta.tus it deserves. Please pass fihis request on ta Mr. Dan%eison with instructions to resurface our streets this year. Sincerely, r1�% � .��,.�� .�.�_ �-�- :.•- - ` -- STANLEY E. KARON r PETITION FOI2 STREET IMPROVEMENT IN HIGHLAND HEIGHTS, MENDCITA HEIGHTS, MINNESOTA May 27,1996 We, the xesidents of Highland Heights request the City Cauncil of Mendot.a Heights, Minn to immediately resurface the streets in our neighborhood. We are proud to reside in a beautifizl and premium neighborhoad: but are very concerned with the broken, tattered and pot holed littered streets. They are a true eye sore and da not reflecti the image this neighborhard deserves. Accordingly, we #he residents af Highland Heights request the City Council of the City af Mendota Heights ta immeciiately resurface our streets without unreasonable delay; as thier broken conaition has persisted for far tao iang. NAME ADDRESS , � PETITION FOR STREET IMPROVEMENT IN HIGHLAND HEIGHTS, MENDOTA HEIGHTS, MINNESOTA May 27,1996 We, the residents of Highland Heights request the City Council of Mendota Heights, Minn to immediately resurface the streets in our neighborhood. We are proud to reside in a beautiful and premium neighborhood: but are very�concerned with the broken, tattered and pot holed littered streets. They are a true eye sore and do not reflect the image this neighborhood deserves. Accordingly, we the residents of Highland Heights request the City Council of the City of Mendota Heights to immediately resurface our streets without unreasona.ble delay; as thier broken condition has persisted for far too long. NAME ADDRESS ,. � � PETITION F4R STREET IMPR4VEMENT IN HIGHLAND HEIGHTS, MENDOTA HEIGHTS, MINNES4TA May 27,1996 We, the residents af Highland Heights request the City Councii af Mendota Heights, Mi�n to immetiiately resurface the streets in our neighborhooci, We are proud to reside in a beautiful and premium neighbarhvod: but are very cancerned with the broken, tattered and pot holed littered streets. They are a true eye sore and do not ,. . reflect the image this neighborhoad deserves. Accordingly, we the residents of Highiand Heights request the City Council of the City of Mendata Heights to immediately resurface our streets without unreasanabie delay; as thier brpken conditian has persistsci for far too iong. r � CITY OF MENDOTA HEIGHTS �� August 20, 1996 To: Mayor and City Council From: Kevin Batchelder, City Administrator Subject: Additional Information - Lexington Heights Apartments Refinancing DISCUSSION I spoke to Tom Hart about 5 p.m. today regarding the Refinancing request for Lexington Heights Apartments. Tom will not be able to join us this evening as he is ill. Roger Gordon of his office was assigned to review the paperwork on this issue on behalf of the City and advised Tom Hart. Tom Hart reported the following: 1. The refinancing issue does not put the City at risk and the documents, as drafted, are acceptable. Mr Gordon considers this refinancing a routine matter. 2. As mentioned in the memo in your packet, a condition of approval should be the payment of our attorney's fees by the applicant. Mr. Hart stated that the fees would not exceed $1,0(}0. 3. Another condition of approval should be that any City Council approval be contingent oa the City receiving an opinion from the bonower's counsel in a form acceptable to the City Attorney. It may also be necessary to receive an opinion from the bond counsel. ACTION REQUIItED Council should consider the above suggested conditions of approval. 3. a CITY OF MENDOTA HIIGHTS u, l ��I August 14, 1996 TO: Mayor, City Council and City Ad ' s r FROM: Larry E. Shaughnessy, City Treasurer SUBJECT: Lexington Heights Apartments Financing Sever^�l years ago, the City authorized and issued Housing Revenue Bonds to finance the apartment complex on Lexington Avenue. At this time, the project owners have requested that the City authorize a change of the language in the bond indenture to conform with current terms as provided under the F.H.A. A resolution authorizing the amendment as prepared by the Bond Attorneys of the issue is attached. It does not apgear that the revisions have any effect on the City portion of the issue. �iowever, to make certain about potential unpact to the City, the City Attorney was directed to review this proposal. 5taff feels it is appropriate that the applicant cover the costs of our attorney in this matter. �:T�4�� . � al. -1 If agreeable, adopt Resolution 96- ,"A Resolution of the City Council of the City of Mendota Heights, Minnesota Authorizing the Execution and Delivery of First Supplemental Indentures, Amendments to Loan Agreements and Amendments to Regulatory Agreements with Respect to the City's Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartment Project) Series 1991A and Series 1991B" to amend indenture language, with the condition that the applicant pay for all our City Attorney's costs in this matter. RESOLUTION _ OF THE CITY OF MENDOTA HEIGHTS, MINNESOTA RESOLUTION NO. 96- A RESOLUTION OF TI� CITY COUNCIL OF TI� CITY OF MENDOTA HEIGHTS, D�IINNESOTA AUTHORIZING THE EXECUTION AND DELIVERY OF FIItST SUPPLEMENTAL INDENTURES, AMENDMENTS TO LOAN AGREEMENTS AND AMENDMENTS TO REGULATORY AGREEMENTS WITH RESPECT TO THE CITY'S MULTIFAMII�Y HOUSING REVENUE REFUNDING BONDS (LEXINGTON HEIGHTS APARI�NT PROJECT) SERIES 1991A AND SERIES 1991B WHEREAS, pursuant to and in accordance with the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act"), by appropriate action duly taken by the governing body of the City of Mendota Heights, Minnesota (the "Issuer") in furtherance of the purpose of the Act, the Issuer is authorized to issue revenue bonds to finance the acquisition, construction, improving and equipping of certain facilities to be located within the corporate boundaries of the Issuer; WHEREAS, the Issuer has previously issued its $11,000,000 Housing Mortgage Revenue Bonds (Lexington Heights Apartments Project), dated December 1, 1983 (the "Prior Bonds"); WI�REAS, the Issuer loaned the proceeds of the Prior Bonds to Lexington Heights Associates Limited Partnership, a Minnesota limited partnership (the "Company"), for the purpose of acquiring, constructing and equipping a 225-unit multifamily housing development within the corporate boundaries of the Issuer (the "Project"); WHEREAS, the Issuer has previously issued its $8,000,000 Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project) Series 1991A (the "Series A Bonds") and its $1,870,000 Multifamily Housing Revenue Refunding Bonds (I,exington Heights Apariments Project) Series 1991B (the "Series B Bonds") (the Series A Bonds and the Series B Bonds collectively referred to as, the "Bonds"), the proceeds of which were used to provide for the funding of a loan (the "Loan") to the Company for the purpose of refunding the Prior Bonds; WHEREAS, the Series A Bonds were issued under a Trust Indenture dated as of April 1, 1991 (the "Series A Indenture") between the Issuer and First Trust National Association (the "Trustee") and were secured by a letter of credit (the "Series A Letter of Credit") issued by The Sumitomo Bank, Limited, acting through its Chicago Branch ("Sumitomo"); WHEREAS, the Series B Bonds were issued under a Trust Indenture dated as of April 1, 1991 (the "Series B Indenture") (the Series A Indenture and the Series B Indenture collectively refened to as, the "Indentures") between the Issuer and the Trustee and were secured by a letter of credit (the "Series B Letter of Credit") (the Series A Letter of Credit and the Series B Letter of Credit collectively referred to as, the "Letters of Credit") issued by First Bank National Association ("First Bank") (Sumitomo and First Bank collectively referred to as, the "Banks"); WHEREAS, the Loan was made pursuant to the terms of separate Loan Agreements each dated as of April 1, 1991 between the Issuer and the Company for the Series A Bonds and the Series B Bonds (the loan agreement with respect to the Series A Bonds referred to as, the "Series A Loan Agreement," the loan agreement with respect to the Series B Bonds referred to as, the "Series B Loan Agreement," and the Series A Loan Agreement and the Series B Loan Agreement referred to collectively as the "Loan Agreements"); WHEREAS, the Issuer entered into a Regulatory Agreements dated as of April 1, 1991 with the Company and the Trustee which establishes certain restrictions with respect to occupancy and operations of the Project (the "Regulatory Agreement") (the Indentures, the Loan Agreements and the Regulatory Agreement collectively referred to as, the "Bond Documents"); WHEREAS, the Company proposes to restructure the financing on the Bonds by entering into an Amended and Restated Letter of Credit Agreement with Sumitomo (the "Amended Letter of Credit Agreement") providing for Sumitomo to issue two new letters of credit wluch will secure the Series A Bonds and the Series B Bonds, respectively; WHEREAS, the Company has received a Commitment from the United States Department of Housing and Urban Development, Federal Housing Administration ("HUD") to make a mortgage loan (the "FHA Refinancing Loan") sufficient to refinance the. Project and to secure the amounts due with respect to the Series A Bonds, the Series B Bonds, and the letters of credit issued by Sumitomo with respect thereto; WHEREAS, prior to making the FHA Refinancing Loan HUD requires that certain amendments be made to the Bond Documents; WHEREAS, Sections 11.01(h) of the Indentures provide that the Issuer may, upon resolution and upon prior written consent of the Banks and notice to the Remarketing Agent (as that term is defined in the Indentures) enter into supplemental indentures without the consent of any Bond Owner (as that term is defined in the Indentures); WHEREAS, Sections 12.01(e) of the Indentures provide that the Issuer and Trustee may without consent of or notice to the Owners, but with notice to the -2- � Remarketing Agent and with the prior written consent of the Banks, consent to amendments to the Loan Agreements and the Letters of Credit; and WHEREAS, Section 10 of the Regulatory Agreement allows the Issuer to enter into amendments thereto with the prior written approval of the Trustee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIT'Y OF MENDOTA �HEIGHTS, MINNESOTA, AS FOLLOWS: 1. The Mayor and City Administrator are hereby authorized and directed to execute and deliver, with respect to the Series A Bonds, the First Supplemental Indenture of Trust between the Issuer and Trustee (the "Series A Supplemental Indenture") and the First Amendment to Loan Agreement between the Issuer and the Company (the "Series A Amendment to Loan Agreement"), both in substantially the form on file in the offices of the Issuer. 2. The Mayor and City Adnunistrator are hereby authorized and directed to execute and deliver, with respect to the Series B Bonds, the First Supplemental Indenture of Trust between the Issuer and Trustee (the "Series B Supplemental Indenture") and the First Amendment to Loan Agreement between the Issuer and the Company (the "Series B Amendment to Loan Agreement"), both in substantially the form on file in the offices of the Issuer. 3. The Mayor and City Administrator are hereby authorized and directed to execute and deliver the Amendment to Regulatory Agreement in substantially the form on file in the offices of the Issuer. 4. The Mayor and City Administrator are hereby authorized to execute and deliver such other amendments, waivers, agreements and consents and to do all other acts and things as may be necessary to consummate the refinancing of the Project in the manner contemplated by the Company. 5. If for any reason the Mayor is unable to carry out the execution of any of the documents or other acts provided herein, any other member of the City Council shall be authorized to act in the Mayor's capacity and undertake such execution or acts on behalf of the Issuer with full force and effect, which executions or acts shall be valid and binding on the Issuer. If for any reason the City Administrator is unable to execute and deliver the documents or other acts provided herein, member of the City Council or the City Clerk is authorized to act in the City Administrator's capacity with the same force -3- 1 and effect as if such documents were executed and delivered and such act performed by the City Administrator. _ Adopted August 20, 1996. APPROVED: Mayor ATTEST: City Clerk STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIl� I, the undersigned, being the duly qualified and acting Clerk of the City of Mendota Heights, Minnesota, hereby certify that the above and forgoing Resolution No. 96-_ is a true and correct copy of the resolution as adopted by the City Council of the City of Mendota Heights on the 20th day of August, 1996. cjc�1126z�8619o3Wuch�5s971.res � City Clerk R013LRT L. CROSDY LL*ONARD A'I. ADDINOTON Ron�irr R. Beaxx N.Weissa Gaexr Ar.t.sN D. Beaxwan RICILIRD A.PETEESON RosEax J. CaaisTiexsox, Ja Faexx J. 1VaLz Fa.�rrx Vocr. MARINDS W. VAN PUTTEN� Ja. Devcn B. Moass aTOHN A. BURTON, Ja. J.u�as C. Dixnc�s Rosairr L.Msr.�a,Ja. JUDITH A.ROGOSFiESKE Scorr D. E�a (',uwul.xS C. BEROUIST � BEST Sc FLANAGAN Professional l.imited Liability Partnership E. JosErx LnFavi: GREGORY D. SOULL CATHY E. GOBLIN PATHICH B. HENNESSY TIMOTfI1' A. $ULLI VAN Bau.x F. F3ics DANIEL R.W. NEISON TR1CY a.T. VAN STEENBURGH Devin J. Zusxs STEVEN R. KRUOEE JAMES P. MICHELS PAIIL L'. x 1DSINSHI JOHN P. BOYLE ROSS C. FOR�fELL CARYN S. G7AVEH MARY E. SfiEAIIEN Beaseaw M.Ross 4000 FIRST BANI� PLACE 601 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55402-4331 STTP�// W�'TW.BESTLAW.COM (612) 339-7121 F6X �612) 339-b897 Direct Dial: 349-5649 August 14, 1996 VIA FAX and U.S. MAIL Mr. Kevin Batchelder City Administrator City of Mendota Heights 1101 Victoria G�rve Mendota Heights, Minnesota 55118-4167 Re: Lexington Heights Apartments Refinancing Dear Mr. Batchelder: MORRIS E. KNOPF CATHERINi J.COURTNEY JILL B.LAORE Txncx F. Kocasrmoar�a aJEANNICE T'i. REDING SARAFi CRIPPEN MADISON ROBERT D. MAHER DAVID H.JOANSON iVILLiAM aJ. T'iOERIS MicxesL H. Pixx OP COUNSEL WARD B.LENIS ARCHIHALD SPiNCLR ROBERT :�5. SI[6RE Joax R. Ceaxoi.i. Jeasss D.Oi.sox JAMES I. BEST 1902-1966 ROHERT J. FLANAOAN 1898-ID74 ��r�reou�.�ms�rroe+�..e�-� This letter is to formally request consideration by the Mendota Heights City Council of a resolution approving certain amendments to the Bond Financing Documents for the Lexington Heights Apartments Project. Lexington Heights Associates Limited Partnership has received the approval from the Department of Housing and Urban Development for a federally insured refinancing loan for the Lexington Heights Apartments Project. In order to satisfy the HUD regulations and requirements for this �IA insured refinancing loan, we received notice yesterday that the Bond Financing Documents would have to be amended to incorporate the provisions requested in our amendments. The Bond Documents currently in effect included similar restrictions due to the FHA loan financing in April, 1991, and those restrictions were approved by the City of Mendota. Heights upon the issuance of the refunding bonds for this Project at that time. The amendments we have now presented to the City of Mendota Heights are intended to update the HLTD requirements, rather than to change any substantive terms of the financing with respect to the City. The FHA refinancing loan is scheduled to close on August 30, 1996 and we request that the resolution regarding this Project be placed on the City Council agenda for your meeting on Tuesday, August 20th in order to receive the necessary approvals �.. Mr. Batchelder August 14, 1996 Page 2 prior ta the FHA loan closing. If you have any questions or comments regarding this matter please feel free to call me at 349-5649 or Catherine Courtney at 341-9735. -� . _ .� �; 1 �• �. � - � .! L1RN:jhc cc: Thomas Hart, City Attarney Jim Riley C�zrt Glaser aro�sss9i ROIIBRT L.CROSDY LLONARD M.ADDINOTON RODERT R. BABTIi N. WALTER GRAFP AI.LL+N D. BABNAND RICHAHD A.PETEBSON ROBERT J. CHEISTIANSON� JE. Fxwxs J. Wei.z . Fanxx VocL Dfnxixvs W. Vwx PurrEx, Ja. Devin B. Moass aTOfiN A. BUHTON, Ja. JnaiEs C. DixwcLes Roesar L.Ms�s,Ja. JUDITH A.ROGOSHESRE SCOTT D. �LLiB CHARLES C. BERpUIST B E S T SC F' LANAGAN Professionall.imiled Liability Parinership E.Josarr� LePev� GREGORY D• SOULL• CATHY E. GO&LIN PATIIICH B.HENNESSY TIMOTHY A. SULIIVAN BHIAN F. �ICE Dnxisr. R. W. Nsrsox THACY J. VAN STEENBURGH Dwvin J. ZoHxE STEVEN R. HRIIOEP J�Es P. Micasi.s PwoL E. I{eaiixsxi Joxx P. Bo�z.E ROSS C. FORMELL CARxx S. Gi.oVEB �ZARY E. SFIEA&Ei: BwxBnaa M.Ross 9,000 FIHST BANii PLACE 601 SECOND AVENUE SOIITH MINNEAPOLIS, MINNESOTA 55402-4331 HTTP�// WWW.BESTLAW.COM (612) 339-7121 F9X (612) 339-b897 Direct Dial: (612) 341-9735 August 14, 1996 �: -•iTI�X�[e�:7 Mr. Kevin Batchelder City Administrator City of Mendota Heights 1101 Victoria G�rve Mendota Heights, Minnesota 55118-4167 Re: Le�ngton Heights Apartments Dear Mr. Batchelder: MORRIS E. KNOPF CATHERINE J. COUHINEY JILL B. LAOBE TaecY F. Koc�xno�a a�EANNICE i�'i. REDINO $ABAH Ci&IPPEN MADISON ROBERT D. MAHES Devzn H.Joaxsox Wi�saeM J. Moaais Mic�r. H. Pixx OP COUNSP.1. WARD $. I,iWIS AECHIBALD SPENCER ROHERT M. SIfORi JOHN R.CA&ROLL JAMES D. OISON JAMES I. BEST 1902-I96G RoaExx J. F�rrac.+x �s9e-ta�a Please find enclosed the resolution to be adopted by the City Council at its August 20 meeting with respect to the above-referenced project. Please also find enclosed drafts of the documents which are being approved by such resolution. Those documents are: 1. First Supplemental Indenture with respect to the Series 1991A Bonds; 2. First Supplemental Indenture with respect to the Series 1991B Bonds; 3. Amendment to Loan Agreement with respect to the Series 1991A Bonds; 4. Amendment to Loan Agreement with respect to the Series 1991B Bonds; 5. Amendment to Regulatory Agreement. By copy of this letter I have also delivered the resolution and documents to the city attorney. Mr. Dan Tempel August 14, 1996 Page 2 Please feel free to call me or Dan Nelson if you have any questions or comments. Very truly yours, Catherine J. Courtney Enclosure cc: Thomas Hart (by messenger) James R. Riley James J. Schwert G�rt Glaser Diane Chalupsky Daniel R.W. Nelson CJ(,111262�861903�Batchelde�59015.LTR FIRST SUPPLEMENTAL INDENTURE OF TRUST Between THE CITY OF MENDOTA HEIGHTS, MINNESOTA and FIItST TRUST NATIONAL ASSOCIATION as 1Yustee $9,100,000 MI7LTIFAMII.Y HOU5ING REVENUE REFUNDING BONDS (LEI�NGTON HEIGHTS APARTMENTS PROJECI� SERIES 1991A Dated as of August 1, 1996 1�II5 INSTRUMENT DRAFTED BY: BEST & FLANAGAN (CJC) Professional Limited Liability Partnership 4000 First Bank Place 601 5econd Avenue South Minneapolis, Minnesota 55402-4331 (612) 339-7121 ` FIItST SUPPLEMENTAL INDENTURE TO INDENTURE OF TRUST This First Supplemental Indenture of Trust is entered into as of this first day of August, 1996, by and between the City of Mendota Heights, Minnesota, a political subdivision of the State of Minnesota (the "Issuer") and First Trust National Association, a national banking association organized and existing under the Laws of the United States of America (the "Trustee"). WI'�NESSETH The Issuer and the Trustee have entered into an Indenture of Trust dated as of April 1, 1991 (the "Indenture") pursuant to wluch the Issuer has issued its Multifamily Housing Revenue Refunding Bonds (L,exington Heights Apartments Project) Series 1991A (the "Series A Bonds"); The Series A Bonds are secured by a Letter of Credit issued by The Sumitomo Bank (Chicago Branch) (the "Bank"). The Bank and I.exington Heights Associates Limited Partnerslup, a Minnesota limited partnership (the "Company"), propose to enter into an Amended and Restated Letter of Credit Agreement, dated as of September 1, 1996, pursuant to which certain amendments would be made to the Letter of Credit. The Company received a Commitment from the United States Department of Housing and Urban Development, Federal Housing Administration ("HUD") to make a mortgage loan (the "FHA Refinancing Loan") sufficient to refinance the Project and to secure the amounts due with respect to the Series A Bonds and the Letter of Credit. Prior to making the FHA Refinancing Loan, HUD requires that certain amendments be made to the Indenture. The Indenture shall govem all terms of the Series A Bonds except to the extent such terms are amended, modified, deleted, added or supplemented by this First Supplemental Indenture. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter contained, the parties hereto agree that the Indenture shall be amended, modified and revised as follows: ARTICLE I DEFINITIONS, LEGAL AUTHORIZATION 1.01. Definitions. Section 1.01 of the Indenture is amended to add the following definitions: "FHA" means the Federal Housing Administration of HL7D or any successor entity and any authorized representative or agents thereof, including the Secretary of HUD, the Federal Housing Commissioner, and their representatives or agents. "FHA Loan Documents" means the FHA Note, the FHA Mortgage, and the FHA Regulatory Agreement. "FHA Mortgage" means the mortgage dated as of August 1, 1996, executed by the Company in favor of Glaser Financial Group, Inc., for the benefit of HLTD, and any .amendment, supplement or successor document thereto. "FHA Note" means the note dated as of August 1, 1996, in the original amount of $10,688,700, executed by the Company in favor of Glaser Financial Group, Inc., for the benefit of HITD, and any amendment, supplement or successor document thereto. "FHA Regulatory Agreement" means the agreement dated as of August 30, 1996, between the Company and HLTD. "HUD" means the Department of Housing and Urban Development or the Secretary of Housing and Urban Development of the United States or the authorized representative of such Secretary. "National Housing Act" means the National Housing Act of 1934, as amended, constituting 12 U.S.C. § 1701 et se�c,. . ARTICLE II MISCELLANEOUS 2.01. FHA Requirements to Control. Article XIV of the Indenture shall be amended to add a new section to read as follows: Section 14.09. FHA Requirements to Control. (a) All provisions of the Indenture shall be subordinate to the FHA Loan Documents, the National Housing Act and the FHA regulations thereunder and related administrative requirements. If any provision of the FHA Loan Documents, the National Housing Act or the FHA regulations thereunder or related administrative requirements are inconsistent with the provisions of this Indenture, then the provisions of the FHA Loan Documents, the Nadonal Housing Act or the FHA regulations thereunder or related administrative requirements shall prevail over the provisions of this Indenture. (b) Any amendment of the Indenture shall not conflict with any FHA regulations or the FHA Loan Documents; in the event of conflict between provisions of the Indenture and FHA regulations or the FHA Loan Documents, the FHA regulations and the N�iA Loan Documents will control. -2- (c) The Bonds are not a debt of the United States of America, HLJD, or any other governmental agency and are not guaranteed by the full faith and credit of the United States. (d) No amendment may be made to the Indenture with respect to this Section 14.09 without the consent of HUD. cjc�11262�861903�M.H. A Supplemental�59007.ind -3- IN VV][TNESS WHEREOF, the Issuer has caused this First Supplemental Indenture of Trust to be executed on-its behalf by its Mayor and its City Administrator, and the Trustee, to evidence its acceptance of the trusts created hereunder, has caused this First Supplemental Indenture of Trust to be executed in its name by its duly authorized officer all as of August 1, 1996. . (SEAL) CITY OF MENDOTA HEIGHTS, MINNESOTA By: Its Mayor By: Its City Administrator Execution page of Issuer to First Supplemental Indenture dated as of August 1, 1996 cjc�11262�861903UvI.H. A Supplemental\59007.ind � ` FIRST TRUST NATIONAL ASSOCIATION By: Its Assistant Vice President Execution page of Trustee to First Supplemental Indenture dated as of August 1, 1996 -5- FIItST SUPPLEMENTAL INDENTURE OF TRUST Between THE CITY OF MENDOTA HEIGIiTS, MINNESOTA and FIIZST TRUST NATIONAL ASSOCIATION as �7rustee $1,870,000 MULTIFAMII.Y HOUSING REVENUE REFUNDING BONDS (LE7IINGTON HEIGHTS APARTMENTS PROJECI� SERIES 1991B Dated as of August 1, 1996 THIS INSTRUMENT DRAFTED BY: BEST & FLANAGAN (CJC) Professional Limited Liability Partnerslup 4000 First Bank Place 601 Second Avenue South Minneapolis, Minnesota 55402-4331 (612) 339-7121 FIRST SUPPLEMENTAL INDENTURE TO INDENTURE OF TRUST This First Supplemental Indenture of Trust is entered into as of this first day of August, 1996, by and between the City of Mendota Heights, Minnesota, a political subdivision of the State of Minnesota (the "Issuer") and First Trust National Association, a national banking association organized and existing under the Laws of the United States of America (the "Trustee"). � WITNESSETH The Issuer and the Trustee have entered into an Indenture of Trust dated as of April 1, 1991 (the "Indenture") pursuant to which the Issuer has issued its Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project) Series 1991B (the "Series B Bonds"); The Series B Bonds are secured by a letter of credit issued by First Bank National Association (the "Bank"). The Sumitomo Bank (Chicago Branch) ("Sumitomo") and Lexington Heigb.ts Associates Limited Partnership, a Minnesota limited parinership (the "Company"), propose to enter into an Amended and Restated Letter of Credit Agreement, dated as of September 1, 1996, pursuant to a new letter of credit would be issued by Sumitomo, replacing the current letter of credit issued by the Bank. T'he Company received a Commitment from the United States Department of Housing and Urban Development, Federal Housing Administration ("HCTD") to make a mortgage loan (the "FHA Refinancing Loan") sufficient to re�nance the Project and to secure the amounts due with respect to the Series B Bonds and the new letter of credit. Prior to making the FHA Refinancing Loan, HIJD requires that certain amendments be made to the Indenture. The Indenture shall govern a11 terms of the Series B Bonds except to the extent such terms are amended, modified, deleted, added or supplemented by this First Supplemental Indenture. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter contained, the parties hereto agree that the Indenture shall be amended, modified and revised as follows: ARTICLE I DEFINITIONS, LEGAL AUTHORIZATION 1.01. Definitions. Section 1.01 of the Indenture is amended to add the following definitions: "FHA" means the Federal Housing Administration of HLTD or any successor entity and any authorized representative or agents thereof, including the Secretary of HUD, the Federal Housing Commissioner, and their representatives or agents. "FHA Loan Documents" means the FHA Note, the FHA Mortgage, and the FHA Regulatory Agreement. - "FHA Mortgage" means the mortgage dated as of August 1, 1996, executed by tYie Company in favor of Glaser Financial Group, Inc., for the benefit of HUD, and any amendment, supplement or successor document thereto. "FHA Note" means the note dated as of August 1, 1996, in the original amount of $10,688,700, executed by the Company in favor of Glaser Financial Group, Inc., for the benefit of HUD, and any amendment, supplement or successor document thereto. "FHA Regulatory Agreement" means the agreement dated as of August 30, 1996, between the Company and HUD. "HUD" means the Department of Housing and Urban Development or the Secretary of Housing and Urban Development of the United States or the authorized representative of such Secretary. "National Housing Act" means the National Housing Act of 1934, as amended, constituting 12 U.S.C. § 1701 et se . ARTICLE II MISCELLANEOUS 2.01. FHA Requirements to Control. Article XIV of the Indenture shall be amended to add a new section to read as follows: Section 14.09. FHA Requirements to Control. (a) All provisions of the Indenture shall be subordinate to the FHA Loan Documents, the National Housing Act and the FHA regulations thereunder and related administrative requirements. If any provision of the FHA Loan Documents, the National Housing Act or the FHA regulations thereunder or related administrative requirements are inconsistent with the provisions of this Indenture, then the provisions of the FHA Loan Documents, the National Housing Act or the FHA regulations thereunder or related administrative requirements shall prevail over the provisions of this Indenture. (b) Any amendment of the Indenture shall not conflict with any FHA regulations or the FHA Loan Documents; in the event of conflict between provisions of the Indenture and FHA regulations or the FHA Loan Documents, the FHA regulations and the FHA Loan Documents will control. -2- (c) The Bonds are not a debt of the United States of America, HLTD, or any other governmental agency and are not guaranteed by the full faith and credit of the United States. (d) No amendment may be made to the Indenture with respect to this Section 14.09 without the consent of HLTD. cjc�11262�861903�M.H. B Supplementa1�59012ind -3- � IN V�ITNESS WHEREOF, the Issuer has caused this First Supplemental Indenture of Trust to be executed on_its behalf by its Mayor and its City Administrator, and the Trustee, to evidence its acceptance of the trusts created hereunder, has caused this First Supplemental Indenture of Trust to be executed in its name by its duly authorized officer all as of August 1, 1996. (SEAL) CITY OF MENDOTA HEIGHTS, MINNESOTA By: Its Mayor By: Its City A�ninistrator Execution page of Issuer to First Supplemental Indenture dated as of August 1, 1996 cjc111262�861903\M.H. B Supplementa1�59012.ind -4- FIRST TRUST NATIONAL ASSOCIATION By: Its Assistant Vice President Execution page of Trustee to First Supplemental Indenture dated as of August 1, 1996 -5- AMENDMENT TO LOAN AGREEMENT between THE CITY OF MENDOTA HEIGHTS, MINNESOTA and LEXINGTON HEIGHTS ASSOCIATES LIlVIITED PARTNERSHIP $9,100,000 Multifamily Housing Revenue Refunding Bonds (Lexington Heights Apartments Project) Series 1991A Dated as of August 1, 1996 THIS INSTRUMENT DRAFTED BY: BEST & FLANAGAN (CJC) Professional Limited Liability Partnership 4000 First Bank Place 601 Second Avenue 5outh Minneapolis, Minnesota 55402-4331 Telephone: (612) 339-7121 ` THIS AMENDMENT TO LOAN AGREEMENT (the "Amendment") is made as of August 1, 1996, by and between the City of Mendota Heights, Minnesota (the "Issuer") with its address at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota 55118-4167, a political subdivision of the State of Minnesota, and Lexington Heights Associates Limited Partnership, a Minnesota limited partnership (hereinafter referred to as the "Company"). ' ' WITNESSETH: WI�REAS, pursuant to and in accordance with the provisions of Minnesota Statutes, Chapter 462C, as ainended (the "Act"), by appropriate action duly taken by the governing body of the Issuer in furtherance of the purposes of the Act, the Issuer is authorized to issue revenue bonds to finance the acquisition, construction, improving and equipping of certain facilities to be located within the corporate boundaries of the Issuer; and . WHEREAS, the Issuer has issued its $9,100,000 Multifamily Housing Revenue Refunding Bonds, (L,exington Heights Apartments Project) Series 1991A (the "Series A Bonds") to provide funds to refund a portion of the Issuer's $11,000,000 Housing Mortgage Revenue Bonds (I,exington Heights Apartments Project) Series 1983 (the "Prior Bonds"), the proceeds of which were used to finance a multifamily housing development (the "Project") owned by the Company, pursuant to the terms of an Indenture of Trust, dated as of April 1, 1991 between the Issuer and First Trust National A.ssociation (the "Trustee"); and VVI�REAS; the Company and the Issuer entered into a Loan Agreement, dated as of April 1, 1991 (the "Agreement"); and WHEREAS, the Company has received a Commitment from the United States Department of Housing and Urban Development, Federal Housing Administration ("HUD") to make a mortgage loan (the "FHA Refinancing Loan") su�cient to refinance the Project; and VVF�REAS, prior to making the FHA Refinancing Loan, HIJD requires that certain amendments be made to the Agreement; and WHEREAS, the applicable provisions of Section 12.01 of the Indenture provide that the Issuer and the Company may enter into any amendment of the Agreement without the consent of or notice to the Owners (as that term is defined in the Indenture) of the Series A Bonds, but with notice to the Remarketing Agent (as that term is defined in the Agreement) and with the prior written consent of the Bank (as that term is defined in the Agreement); and WHEREAS, the Issuer and the Company have agreed to and proposed that certain amendments, modifications and revisions be made to the Agreement as hereinafter set forth in this Amendment; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter contained, the parties hereto agree that the Agreement shall be amended, modi�ied and revised as follows: Secdon 1. Article I, Section 1.1 of the Agreement is amended by the addition of the following definitions: � "FHA" means the Federal Housing Administration of HUD or any successor entity and any authorized representative or agents thereof, including the Secretary of HUD, the Federal Housing Commissioner, and their representatives or agents. "FHA Loan Documents" means the FHA Note, the FHA Mortgage, and the FHA Regulatory Agreement. "FHA Mortgage" means the mortgage dated as of August 1, 1996, executed by the Company in favor of Glaser Financial Group, Inc., for the benefit of HLTD, and any amendment, supplement or successor document thereto. "FHA Note" means the note dated as of August 1, 1996, in the original amount of $10,688,700, executed by the Company in favor of Glaser Financial Group, Inc., for the benefit of HLTD, and any amendment, supplement or successor document thereto. "FHA Regulatory Agreement" means the agreement dated as of August 30, 1996, between the Company and HLTD. "HUD" means the Department of Housing and Urban Development or the Secretary of Housing and Urban Development of the United States or the authorized representative of such Secretary. "National Housing Act" means the National Housing Act of 1934, as amended, constituting 12 U.S.C. § 1701 et se�c . Section 2. Section 2.3(1) of the Agreement shall be amended to read as follows: Other than actions prohibited or required by HUD pursuant to the National Housing Act, applicable mortgage insurance regulations and the FHA Loan Documents, the Company will not take or knowingly permit to be taken any action which would have the effect, directly or indirectly, of subjecting interest on any of the Series 1991 Bonds to federal income taxation. Section 3. Section 2.3(m) of the Agreement shall be amended to read as follows: Other than actions prohibited or required by HUD pursuant to the National Housing Act, applicable mortgage insurance regulations and the FHA Loan Documents, no changes shall be made in the Project and no actions will be taken by the Company which shall in any way impair the exemption of interest on any of the Series 1991 Bonds from federal income taxation. -2- IN WITNESS WHEREOF, the Issuer and the Company have caused this Amendment to be executed in their respective names and their respective seals, if any, to be hereunto affixed and attested by their duly authorized officers, and the Bank and Trustee have consent to and approved the terms of this Amendment, all as of the date first above written. THE CITY OF MENDOTA HEIGHTS, MINNESOTA By: Its Mayor By: Its City Administrator This is the signature page of the Issuer with respect to the Amendment to Loan Agreement between the Company and the Issuer, dated as of August 1, 1996. cjc�11262�861903uvI.H. Agreement A�59001.amd -3- � (SEAL) LEXINGTON HEIGHTS ASSOCIATES LIMITED PARTNERSHIP By: , General Partner By: This is the signature page of the Company with respect to the Amendment to Loan Agreement between the Company and the Issuer, dated as of August 1, 1996. -4- �� AMENDMENT TCJ► LOAN AGREEMENT between THE CITY OF lYIEND4TA HEIGHTS, MINNESOTA and LEI�INGTQN HEIGHTS ASS4CIATES LINIIT.ED PART"NERSHIl" �i,s�o,oao Multifamily Housing Revenue Refunding Bonds {Lexingion Heighis Apartments Project) Series 19�1B Dated as of August 1, 1996 .1 1 ' 1 ! ' � 1 : BEST & FL�ANAGAN (CJC} I'rofessional Limited Liability Partnership 4000 First Bank Piace 601 Second Avenue Sauth Minneapolis, Mznnesota �5402-4331 Telephone: (612) 339-7121 � THIS AMENDMENT TO LOAN AGREEMENT (the "Amendment") is made as of August 1, 1996, by and between the City of Mendota Heights, Minnesota (the "Issuer") with its address at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota 55118-4167, a political subdivision of the State of Minnesota, and Lexington Heights Assaciates Limited Partnership, a Minnesota limited partnership (hereinafter referred to as the "Company"). WITNESSETH: WF-�REAS, pursuant to and in accordance with the provisions of Minnesota Statutes, Chapter 462C, as amended (the "Act"), by appropriate action duly taken by the governing body of the Issuer in furtherance of the purposes of the Act, the Issuer is authorized to issue revenue bonds to finance the acquisition, construction, improving and equipping of certain facilities to be located within the corporate boundaries of the Issuer; and WI�REAS, the Issuer has issued its $1,870,000 Multifamily Housing Revenue Refunding Bonds, (I,exington Heights Apartments Project) Series 1991B (the "Series B Bonds") to provide funds to refund a portion of the Issuer's $11,000,000 Housing Mortgage Revenue Bonds (Lexington Heights Apartments Project) Series 1983 (the "Prior Bonds"), the proceeds of which were used to finance a multifamily housing development (the "Project") owned by the Company, pursuant to the terms of an Indenture of Trust, dated as of April 1, 1991 between the Issuer and First Trust National Association (the "Trustee"); and V'i�iEREAS, the Company and the Issuer entered into a Loan Agreement, dated as of April 1, 1991 (the "Agreement"); and W�REAS, the Company has received a Commitment from the United States Department of Housing and Urban Development, Federal Housing Administration ("HUD") to make a mortgage loan (the "FHA Refinancing Loan") sufficient to refinance the Project; and VVF�REAS, prior to making the FHA Refinancing Loan, HUD requires that certain amendments be made to the Agreement; and WHEREAS, the applicable provisions of Section 12.01 of the Indenture provide that the Issuer and the Company may enter into any amendment of the Agreement without the consent of or notice to the Owners (as that term is defined in the Indenture) � of the Series B Bonds, but with notice to the Remarketing Agent (as that term is defined in the Agreement) and with the prior written consent of the Bank (as that term is defined in the Agreement); and WHEREAS, the Issuer and the Company have agreed to and proposed that certain amendments, modifications and revisions be made to the Agreement as hereinafter set forth in this Amendment; � NOW, THEREFORE, for and in consideration of the premises and the mutual ., covenants hereinafter contained, the parties hereto agree that the Agreement shall be amended, modified and revised as follows: Section 1. Article I, Section 1.1 of the Agreement is amended by the addition of the following definitions: "FHA" means the Federal Housing Administration of HUD or any successor entity and any authorized representative or agents thereof, including the Secretary of HUD, the Federal Housing Commissioner, and their representatives or agents. "FHA Loan Documents" means the FHA Note, the FHA Mortgage, and the FHA Regulatory Agreement. "FHA Mortgage" means the mortgage dated as of August 1, 1996, executed by the Company in favor of Glaser Financial Group, Inc., for the benefit of HUD, and any amendment, supplement or successor document thereto. ._"FHA Note" means the note dated as of August 1, 1996, in the original amount of $10,688,700, executed by the Company in favor of Glaser Financial Group, Inc., for the benefit of HLTD, and any amendment, supplement or successor document thereto. "FHA Regulatory Agreement" means the agreement dated as of August 30, 1996, between the Company and HUD. "HUD" means the Deparhnent of Housing and Urban Development or the Secretary of Housing and Urban Development of the United States or the authorized representative of such Secretary. "National Housing Act" means the National Housing Act of 1934, as amended, constituting 12 U.S.C. § 1701 et se�c,. Section 2. Section 2.3(k) of the Agreement shall be amended to read as follows: Other than actions prohibited or required by HUD pursuant to the National Housing Act, applicable mortgage insurance regulations and the FHA Loan Documents, the Company will not take or l�owingly permit to be taken any action which would have the effect, directly or indirectly, of subjecting interest on any of the Series 1991 Bonds to federal income taxation. Section 3. Section 2.3(1) of the Agreement shall be amended to read as follows: Other than actions prohibited or required by HITD pursuant to the National Housing Act, applicable mortgage insurance regulations and the FHA Loan Documents, no changes shall be made in the Project and no actions will be taken by the Company wluch shall in any way impair the exemption of interest on any of the Series 1991 Bonds from federal income taxation. -2- ` IN V�ITIVESS WHEREOF, the Issuer and the Company have caused this Amendment to be executed in their respective names and their respective seals, if any, to be hereunto af6xed and attested by their duly authorized officers, and the Bank and Trustee have consent to and approved the terms of this Amendment, all as of the date first above written. THE CITY OF MENDOTA HEIGHTS, MINNESOTA � By: Its Mayor By: Its City Administrator This is the signature page of the Issuer with respect to the Amendment to Loan Agreement between the Company and the Issuer, dated as of August 1, 1996. cjc�11262�861903�M.ii. Agreement B�59011.amd -3- (SEAL) LEXIIVGTON HEIGHTS ASSOCIATES LIMITBD PARTNERSHIP BY� � , General Partner : This is the signature page of the Company with respect to the Amendment to Loan Agreement between the Company and the Issuer, dated as of August 1, 1996. -4- � AMENDMENT TO REGULATORY AGREEM�NT THIS AMENDMENT TO REGULATORY AGREEMENT, dated as of August 1, 1996, by and between Lexington Heights Associates Limited Partnership, a Minnesota limited partnership, and its successors and assigns (jointly and severally hereinafter called the "Owner"), and the city of Mendota Heights, Minnesota, a political subdivision organized and existing pursuant to the Constitution and laws of the State of Minnesota (the "Issuer"), �� 1 � -11_* WHEREAS, the Owner is the owner of a multifamily rental housing development located in the City of Mendota Heights, Minnesota, known as Lexington Heights Apartments, on the site described in Exhibit A attached hereto (the "Project"); and WHEREAS, the Issuer has previously issued its $11,000,000 Housing Mortgage Revenue Bonds (I,exington Heights Apartments Project) Series 1983 (the "Prior Bonds"), the proceeds of which were loaned to the Owner to fnance the Project; and WHEREAS, the Issuer has previously issued its $9,100,000 Multifamily Housing Revenue Refunding Bonds (L,exington Heights Apartments Project) Series 1991A and its $1,870,000 Multifamily Housing Revenue Refunding Bonds (I.exington Heights Apartments Project) Series 1991B (collectively, the "Bonds"), the proceeds of which were used to refund the Prior Bonds; and WHEREAS, in connection with the Prior Bonds, the Owner executed and delivered a Regulatory Agreement (the "1983 Regulatory Agreement"), recorded in the office of the Dakota County Recorder as Docwnent No. , as amended by an Amendment to Regulatory Agreement, dated as of September 19, 1990, by and among the Issuer, the Owner and the Trustee and recorded in the office of the Hennepin County Recorder as Document No. ; and WHEREAS, in connection with the Bonds the Owner and Issuer executed and delivered a Regulatory Agreement dated as of April 1, 1991 (the "Regulatory Agreement"), recorded in the office of the Dakota County Recorder as Document No. _ ; and � VVI�REAS, the Owner has received a commitment from the United States Department of Housing and Urban Development, Federal Housing Administration ("HUD") to make a mortgage loan (the "FHA Refinancing Loan") suf6cient to refinance the Project and to secure the amounts due with respect to the Bonds and the letters of credit issued with respect thereto; and WI�REAS, prior to making the FHA Refinancing Loan, HUD requires that certain amendments be made to the Regulatory Agreement; and WHEREAS, Section 10 of the Regulatory Agreement allows the Issuer and the Owner to enter into amendments thereto with the prior written approval of First Trust National Association (the "Trustee"); NOW, THEREFORE, in consideration of the mutual premises and covenants hereinafter set forth, and of other valuable consideration, the Owner and the Issuer agree as follows: 1. Definitions. (a) All references to the "FHA Note" shall mean the note dated as of August 1, 1996, in the original amount of $10,688,700, executed by the Owner in favor of Glaser Financial Group, Inc., for the benefit of HUD, and any amendment, supplement or successor document thereto. (b) All references to the "FHA Mortgage" shall mean the mortgage dated as of August 1, 1996, executed by the Owner in favor of Glaser Financial Group, Inc., for the benefit of HUD, and any amendment, supplement or successor document thereto. (c) All references to the "FHA Regulatory Agreement" shall mean the agreement dated as of August 30, 1996 between the Owner and HUD. 2. Enforcement. The first sentence of Section 7(c) is amended to read as follows: The Issuer and the Owner each covenants that it will not lrnowingly take or permit any action (other than an action required or prohibited by HUD pursuant to the National Housing Act, applicable mortgage insurance regulations and the FHA Note and FHA Mortgage) that would adversely affect exemption from federal income tax of interest on the Bonds. 3. Amendment. Section 10 is hereby amended to read as follows: This Agreement may be amended to reflect applicable changes in the Law or in Section 103(b)(4)(A) of the Code, the Treasury Regulations and any revenue rulings promulgated thereunder. No amendment to this Agreement may be made without the prior written approval of the Trustee and HLJD. -2- IN�J][TNESS WHEREOF, the parties have caused this Amendment to be signed by their respective duly authorized representatives, as of the day and year first written above. CITY OF MENDOTA HEIGHTS, MINNESOTA By Mayor By City Administrator STATE OF MINNESOTA ) )SS COUNTY OF DAKOTA ) This _ day of , 1996, before me, the undersigned authority, on this day personally appeared , Mayor, and . City Administrator of the City of Mendota Heights, Minnesota, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledge to me that they executed the same for the purposes and consideration herein expressed, in the capacities herein stated, and as the act and deed of the City. Notary Public Signature Page of the Issuer to the Amendment to Regulatory Agreement -3- LEXINGTON HEI�'.�`rHTS ASS4CJA'I'ES LIMI'I'ED PARTNERSHIP By General Partner By STATE CJF MIAf��TEStJTA } }SS COUl�tTY 4F HETf��1EPIN} This „_, day of . 1996, before me, the undersigned authorifiy, an this day pezsanally appeared t1�e of in iis capacity as Genezal Partner to Le�ington Heights Associates Limited Partnership, known to me to be the persons whase names are subscribed to the foregoing instrument, and acknowledge to me that they executed the same for the purposes and consideration herein expressed, in the capacities herein stated, and as the act and deed of said partnership. � Notary Public Signature Page of the C)wner ta the Amendment to Regulatory Agreement cjcU1262�861903�M.FI. Rogulatory�59009.amd -�- CITY OF MENDOTA HEIGHTS MEMO August 16, 1996 TO: Mayor, City Council, and City Ad ar FROM: Patrick C. Hollister, Administrative Intern SUBJECT. Planning Case No. 96-18: NSP Back�round The Planning Commissian conducted a public hearing on May 28, 1996, regarding NSP's applicatian for Conditianai Use Pernuts far Essentiai Services and Rr�ning and a Variance for a fence higher than 6' with barbed wire. NSP appeared before tfie Planning Commission to present their plan to remave one of the three existing transfarmers from the NSP substation near Mendakota Park. In additian, their plans include adding three capacitar banks and a control house and excavating and replacing part of the fence around the praperty. Discussian At the 7uly 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 Ju1y 16 meeting in order ta investigate the possibility of hiring an independent acoustical engineer. Staffhas since hired Mr. Kroll of Kroll & Associates as an acausticat engineer per Council's direction. Mr. Kroll has since proposed the following: 1. Partial enclosures around each of the two remaining transformers. Mr. Kroll believes that most of the noise emitting fram the transforfners is radiating from the corners. Mr. Kroll is thus propasing that all four corners of each transformer be shielded by a multi-layered wall roughly 14' high and about 7 feet from the transformer. Mr. Kroll estimated that the cost of canstructing these walls could be abaut $2Q-$2S per sqezare foat. NSP ihen estimated that at the low end these walts couid cost $24,000 per transforrner to install, or a total of $48,000 for both transformers. 2. Poles under the three capacitars. Mr. Krall is proposing that all three capacitors be supported by 8" diameter poles fiiied with graut. This shouid absorb the vibratian of the capacitors and thus eliminate the noise these new structures wauld emit. This structural improvement is nat anticipated to be e�ensive. 3. 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 wall of the substation, extend the berm and provide additional landscaping.• Mr. Krol� maintains, however, that although these measures will provide additional visual screening, they will not do very much to reduce noise. (Please note the Mr. Kroll regards the MPCA's noise guidelines to be inadequate to protect the public from noise pollution.) At the August 6, 1996 meeting of the City Council, NSP reiterated the following commitments it had already made at previous meetings with the City: The e�rtension of the west wall of the substation, as per plans on file in Planning Case No. 96-18; • The extension of the berm to the north of the substation, as per plans on file in Planning Case No. 96-18; • The addition of trees and landscaping, as per plans on file in Planning Case No. 96- 18; NSP also made the following additional commitments to the City Council on the evening of August 6, 1996. • The addition of an eight foot high (wide) band of sound absorbing panels along the upper edge of the northeast corner of the sheet piling wa11, as proposed by Mr. William Kroll; • The addition of the support structure under all three capacitors consisting of eight inch (8") diameter pipes filled with grout as proposed by Mr. William Kroll. Nevertheless, that same evening NSP and the City Council were unable to come to a satisfactory agreement on noise attenuation measures for the two remaining transformers. At the August 6, 1996 Council meeting, the Council authorized the additional payment of up to $1000 to Mr. Kroll to quantify the noise attenuation effectiveness of his proposals. Mr. Kroll has submitted a letter that further discusses the sound problem at the substation, but does not quantify the effect that his proposed solutions would have. He will, however, be in attendance at the August 20 City Council meeting. At the same meeting the Council directed NSP to work with Mr. Kroll on further details of construction and cost for all of his proposals. Council also directed Staff to investigate the t� revenue attributable to the proposed improvements. Since the August 6, 1996 City Council meeting correspondence between the City, NSP and Mr. Kroll have led to the following developments: - NSP's "broad-band" nroposal vs. Mr. Kroll's "narrow-band" nronosal NSP has expressed skepticism about Mr. Kroll's proposed solutions, particularly regarding the partial transformer enclosures, calling them "unique" and "unproven". NSP, as a conservative company, prefers to use methods that have already been tested in the field. NSP has thus proposed its own noise attenuation solution for the two remaining transformers. NSP would like to choose one of the many available types of "kits" already on the market that would consist of a wall completely surrounding each transformer. Like Mr. Kroll's walls, these walls would be of a multi-layered construction. Mr. Kroll's objection to NSP's counter-proposal centers mainly on the fact that NSP's proposed walls are pre-designed for "broad-band" noise reduction (ranging along a large portion of the audible frequency spectrum), whereas Mr. Kroll insists that what is needed are wa11s which are specifically targeted to the two most prominent frequencies currently emitted by the transformers (120 Hz and 800 Hz). NSP says it would prefer to use ready-made kits because they estimate that they both would be cheaper than Mr. Kroll's proposal and are considered "proven" technology. Tax Increment Financing NSP has also inquired about the possibility of paying for the transformer enclosures through some type of tax-increment financing arrangement or tax rebate. NSP estimates that it will be adding $17,000 per year to the City's tax revenue stream. Treasurer Shaugnessy says that he can see no way that this Council can bind a future Council to give back part of NSP's tax revenue short of a bond issue procedure or T� Increment Contribution. NSP's land is within the Tax Increment Financing District but is not an identified parcel for the collection of t� increment. (Please see letter from Mr. Joe Mansur, NSP, dated 8/15/96 on tax revenues.) NSP's Response Sound Attenuation. Instead of Mr. Kroll's proposal for the transformers, NSP is proposing a sound barrier adjacent to the north side of each transformer, covered with a"broadband" sound absorbing material. This would be installed at NSP's expense in addition to all previous commitments for landscaping berm extension made to date by NSP, but would waive previous commitments to noise attenuation measures for the capacitor banks and the addition of material on the north wa11. NSP expects a 8 dB(A) noise reduction from the sound barrier at a cost of about $50,000 to NSP. (See letter from NSP dated August 16.) • Tag Revenue. NSP also itemizes its current and projected tax contributions to the City of Mendota Heights, Dakota County, ISD 197, and Fiscal Disparity in the � attached letter dated August 15. NSP estimates an additional $17,134 per year of ta�c revenue for the City of Mendota Heights from this development. Please note that the 120-day review period for NSP's application will expire on September 11, 1996. � 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 Pernuts for Essential Services and Mining and a Variance allowing a fence higher than 6 feet with barbed wire under the following conditions: 1. that NSP provide copies to the City Council of their revised landscape plan showing the extension of the west wall 60 feet, the planting of trees between the walkway and the substation, the planting of Arborvitae on the east side, and the planting of trees on the north side, 2. that NSP comply with the above landscape plan, 3. that if any damage be done to the e�sting landscaping it be replaced, 4. that NSP provide hard copies of the slide presented to the Planning Commission featuring all sound levels recorded to the Council, 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 pazk property. Attached is a proposed Resolution based upon the commitments that NSP had made to date. The City Council may wish to add language requiring noise attenuation for the two remaining transformers. Action Required Review NSP's applicatian with their representatives, add any desired conditions, and then if the Cauncil wishes ta enact ihe Planning Commissian's recommendation, pass a motion adopting the attached Resolution 96- : A RESOLUTION APPROVING . CONDITIONAL USE FER:NISTS F4R AN ESSENTIAL SERVICE AND N��Il�T�, AND A VARiANCE FOR A FENCE HIGHER THAN SIX FEET WITH BARBED VV1RE FOR NQRT'I�RN STATES P4VVER AT T'HE RUCzERS LA,KE SUBSTATION. Please see the attached documents: i. A letter fram NSP to the Ciiy dated 8115196 regarding tax revenue 2. A letter from Mr. Kroll to the City dated 8/15/96 regarding sound attenuation 3. A letter from NSP to the City dated 811 SI96 regarding sound attenuation 4. A letter from NSP to the City dated 8/16/96 regarding saund attenuation 5. A letter from the City to NSP dated 8114196 clarif�,ring the 816I96 Cauncil meeting 6. A letter from the City to Mr. Kroll dated 8/8/96 instructing lum how to proceed �. A letter fram the City to NSP dated $18/9b ciarifying the 816196 Cauncii meeting 8. A letter from NSP ta the City dated 8/9/96 regarding the 8/6/96 Council meeting CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 96- A RESOLUTION APPROVING CONDTTIONAL USE PERMITS FOR AN ESSENTIAL SERVICE AND MINING, AND A VARIANCE FOR A FENCE ffiGHER THAN SIX FEET WTI'� BARBED WIRE FOR NORTHERN STATES POWER AT THE ROGERS LAKE SUBSTATION WHEREAS, NSP has requested Conditional Use Pernuts for Mining and Essential Services, and a Variance for a fence higher than six feet as proposed on plans on file in Planning Case No. 96-18; and WHEREAS, The Planning Commission of the City of Mendota Heights held a public hearing on this application at their Ma.y 28 and 7une 25, 1996, meetings; and WHEREAS, The Planning Commission voted 5-0 (with two members absent) on June 25, 1996 to recommend that the City Council approve this request, NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that Conditional Use Pernuts for Mining and Essential Services, and a Variance for a fence higher than 6' with barbed wire are hereby.granted conditioned upon the following: 1. that NSP perform a11 noise attenuation measures proposed by both NSP and the City's acoustical consultant, William Kroll, specifically: • The extension of the west wall of the substation, as per plans on file in Planning Case No. 96-18; • The extension of the berm to the north of the substation, as per plans on file in Planning Case No. 96-18; • The addition of trees and landscaping, as per plans on file in Planning Case No. 96- 18; • The addition of an eight foot high (wide) band of sound absorbing panels along the upper edge of the northeast corner of the sheet piling wall, as proposed by Mr. William Kroll; � The addition of the support structure under all three capacitors consisting of eight inch (8") diameter pipes filled with grout as proposed by Mr. William Kroll. 2. that if any damage be done to the existing landscaping it be replaced, 1 3. that NSP take the same noise measurements prior to commencement of the project and within 30 days after the project is completed, and present both results to the Council within 30 days after the latter are taken, 4, that if the above measurements indicate that noise in any direction has worsened in either quality or volume, NSP present an effective remediation plan to the City and agree to implement this plan, which shall restore the noise impact to no worse than pre-project levels, 5. and that NSP work out a satisfactory anangement with the City for maintenance of landscaping on park property. Adopted by the City Council of the City of Mendota Heights this 20th day of August, 1996. ' ATTEST: CITY COUNCII, CITY OF MENDOTA HEIGHTS � : �: Kathleen M. Swanson, City Clerk Charles E. Mertensotto, Mayor AU�-l�-9G T�U 09�12 August i5, 1996 Mr, Kevin 6atch�lder Gity Ac�ministratcr City ai Mendafa Heigh#s 1'I01 Victotia Curve M�nc�ota Heights, MN 55'19a Dear Kevin: P 02 � I� NoRhent Stgtaa Rowar Company d14 N'►collat Maf� trtinneaputis, MN 55401 lelephcne (f12} 3345500 At yaur raquest, fallowing is tiie t�reakdown of NSP's Qstimate of #he additic�na! tax revenue #hat would be generafed by NSP's proposed project improvemeri# a# Rogers Lake Subsiatior� located irt the City of Mendnta Heights. The figures a�e bassd on -�n estimated insfalled cost of $4.5 m3lfian for the Rogers Lake improveme��t�: C,ity of Mendota Heights Uako#a County School Dis#rict 197 Fiscal Dispari#y Oiher Totai � 17,134 � 23,29� � 53,566 �i 57,735 $ 4,469 $4 55,70Q The abave estimated tax revenues are in addition to those that are ger�erated from the instalted vaiue of t�e existing Rogers Lake Substation as it exisfs ta�iay, The acfual taxes assessed on Royers Lake Sub per the 1996 Tax Statemer�t is: 1996 T�t Sfat�m�nt: Rogers Laite Substatian City of M[endota Helghts Dakaia County Schao! Disirict'(J7 Fiscai Disparity 4ther Tota# $1'1,014 3 14,8`lfi � 34,434 $ 36.?93 2,8?3 aioo,aso '' AUG-15-9G THU 09 � 12 �..—.�- � - NSP foak fhe $9�d,090 (99�6 totai fax} end divicied that into the present installed value of the equipment anct struotutcs only a# Rogets �.ake Substation for ar1 approximate #ofal tax rate ot 3.46°l0. This rate was then applied against #h� propased improvement vatue of $4,5 mi(iion t� arr{ve at the estimated tot�-ai addttionai tax reven�e fiyure of $155t7�0. We then estimatec! the disbur�cment {city, county, schoot dfstiict, etC-) at the tctai additionat fiax accarr�ing #o #he same percentage spiifs that w� act�»IIy are pay�ng from the 1996 tax statemenf. ( hape this c►arifies thls maffer for you. Pleas� fee! iree to cantact me if yc�u have any c�uestians or need addi#ronai c;lar�cation on #his matter (779-3'131 }. S'rncerely, � �� Joe Mansur Scr,ior Speciaity �ngineer Northern Siates Pawer v. Har�lc.i Etagely - NSP Pat Cline - NSP D�vP Cailahan - NSP � UJm. H. �. Kroll � Associates, Inc. Engineers c�nsuking ,n Aco�r�tics SQ l 7 West Mitl Rood • M'�rvietoN<o, Minnesaa 55345 Phone blQ-934-9494 • ff�C 6iQ-9341300 15 August, 1996 City of Mendota Haghts 1101 �ctoria Curve - Mendota Heights, MN 551 I8 For Ivir. Kevin Batchelder, City Administrator Subjert: NSP- The Proposed AdditioK at the Rogers Lake Substation - ACOUSTICS Dear Sir: Yesterday, Sheldon Silverman from NSP called me and delivered what to my senses v�s a leagthy mild harangue about why NSP did not wish to spead money on my scheme for trafo noise reduction. We use "trafo" here as an abhreviation of "trans£ormer." He said that he had "called everyone in the Yellow Pages" to speak to them=abvut my design. He went on to speak about prices for sound absorbing products and added that one product salesman had offered broadbarid sound absorbing panels: a case of someone being aware of acoustics hut not having an understanding of the subject matter. Nay, we are dealing with the 120 Hertt fundamental at the trafos and some hannonics (overtones to musicians} in the 800 Hz range. What is really needed is a narrow band absorbea to work well at the frequencies of interest. He went on, at considerable lengt� about why should NSP spend money on my "unproven" desi�n. A fair bit of nitpicIdng, too. I finally concluded, after all the loose tallS that the heazt of the matter is - as he said -"If we spend money in Mendota Heights at the suhstat�on there,, any other communiry could come and ask for like treatment and the PUC might not allow us a rate hike for those noise reduction purpases." The preceding section may not have the exact words or word order but that is what the mild harangue boiled down to. The EckelSrm oat Fast is a leader in sound absorbing panels of the ldnd ihat I mentioned at an earlier meefing where I set forth my scheme urith partial nois�biocking walls ax the trafos. Z00'3Jdd Eb�EZ b8� EI 1�0 2 Sheldon Silverman ca3led, as he said, everybody in the Yellow Pages to discuss my design and related. costs. I asked what kind of a price he had gotten from Eckel. No, he had not called the Eckel Sales rep, even after I had given him the name and telephone number - poss�bly because the rep is not in th� Metro Area but upstate Muinesota. Sheldon did, toward the end of our telecon, mention a lower cost, straight wrall by the vafos. Ixt us hark back to the matter of noise from th� tabe-added capacitors, of which none are now in use at the subject sabstation. Civil Defense sirens are placcd atop towers - thc higher the better for practical purposes - so that the sound can readily propagate over the land to intended listeners. The capacitors at the big Parkers Lak� substation are up on tall structures - that is, from about t�velve foot on up to maybe thirty or so foot. VVe have - in discussion - the trafo noise but a smalt handle to hang onto with respect to noise levels in the future, as from the to-b�added in Mendota Heighu "hundreds af 80 MVAR Capacitors" in banks. I ask that you consider having my small fum or anyone else legally and technically quali5ed mak� some "benchmark" noise level measurements. NSP hides behind the general purpose noise descriptor - the "A" kind of decibel which, as I have said on az least two occasions at meetings on the subject, is hardly applicable to ciccuical noise. Good it would be to: <- A. By tape measurements from fixed poles, trees or the like - select and identify sevenl Test Points. B. At those Test Points - maybe three in ali - measure noise tevels in "A" decibels, the I20 �-Ti and 800 Hz bands. Then, too, make an anatysis of sound pressure leveLs as a function of frequency over the range of human hearing. C. Make the measurements in keeping with good practice: no trouhling wind or unusual other noise from temporary or special hagpenin�s in the area during test sessions. D. Make measurernents toward suppertime on a day when the wind is such that a.irpIanes will not be taking off on runways leading over the substation area. E. Make a set ofineasurements after 2200 (10:40 o'clock p.m.) so as to have light street �c and little, if any, air tra�ic. The need is to measure, to the extent possibl� noise levels stemming from the Rogers Lake substation. F. Pat NSP on notice that since there now are no capacitors at the substatio� the to- be-added capacitor banks may well add to the neighborhood noise levels and, particularly so, in discrete frequency bands. E00'39dd bb�EZ b8� Ei 1�0 3 G. NSP should agree to - for noise measurement pw�poses - switch the capacitor banks in and out of the circuit for our convenience in our making the related tests. Naturally, the tests only if complaints about noise warrant such a set of tesis. For the case - after the new substation addition and c�anges are all in place and working - of any increase by more than two deci�els in the 120 Hz and 840 HZ bands at any of the Test Points, there would be cause to have NSP make the necessary noise reduction steps. Likewise, for a two dec�bel increase in "A" decibels at any of the Test Poinis. 1 suppose the MPCA noise limits may comc into question for this specific noise source. Naturally, the tests would be made in keeping with good practice and the related noise sources identi5ed as to stemming from the NSP substation or not. At t.hose Test Points, one would also make several spectrum analyses "before" and then "after", looking for prominent harmonics that mig,,. ht arise from th� "new" substation. The other parts of the project as proposed by NSP (the taking out of one trafo, adding to the wooden fence, mining and sheet piling) are aiready oa the table. The fourth part - that of the to-b�added capacitor banks - has been taken up in only one of two parts, to wit: I have already recommended a fix for the capacitor bank structural framing - aluminum pipe filled with grout and vibration damped sheetmetal parts and "quict type" instrumentation trafos there at the bank. The preceding reckons with all expected. capacitor bank framework etc. noises save for the noise stemming directly from the noises generated by the actual capacitors themselves. We must keep in mind that, at one time, NSP stated that the capacitors would not make any naise. I said at the very first meeting already that some capacitors make noise and some do not. With NSP staff present, I subjectively and objectively measured the increase in noise level at the Parkers Lake substatian fence when the capacitor bar�cs were switched in. In short, Excuses and Criticisms: A form of stonewalling in an effort io avoid spending money on what could become a precedent for other communities. Very truly yaurs, .. ��•tl Wm. H. Q. Kroll, P.E. WmK/iw b00'3Jdd Sb�EZ b8� Ei 1�0 ' k 08/15/96 14:48 F_�..� 612 330 2954 5�-�-� �� August 15, 1995 Mr. Kevin Batchelder City Administrator City of Mendota Heights 11 Cii Vctoria Curve Mendota Heights, MN 551'!8 � C�j 043/015 �tarthern Staies Pawer Company 4i4 Nico!!et Mall MinnaapoGs, Mit�nasot� 55401-1927 %lephane 8'f 2-330-6427 In an attempt to °tune up" our es#imates for the progased work we ccmtacted several acoustica( materiaUdesign e�erts. As a resul# of these conversations, we not only received information on several opt�ons, we also realized how unique and unproven Mr. KrolPs sugges#ion of partia! walls #ruly is. Afl of #hose co�tac#ed e�ressed grave con+cem with any partia! wall destgn. Their experience was that only total enclosures or wa!(s that surpass the dimensions of the sound saurce would be effective for noise reduction. None feft that the proposec! design would be effective. !f a sound reduction treatment is to be utilized on #he existing transformers, NSP would prefer a mare traditiona! approach af a sound bart�ier adjacen# #o the north side af each transformer. The barrier woutd be cavered with a s#andard, broadband, sound absorbing material Eo reduce reflected sound. � To simplify, the fallowing table sttows some representative noise reductian treatments, associaied costs and the expected attenuatior�. NPE O�' TREATMENT Retaini�g Wail Add 4' s#rip af saur�d absorbing panels Capaci#or t3ank Modifications to structure Transfonmers {costs shared with City) Mr. Kroli's design: Comer walls araund each transfonner attemate designs: Full transformer enclasure Wa1t around transformers Sound barrier on north side of transfarmers < �* We have no new informa#ion. i $l25/9G NSP ESTPROP.DQC ATTENUATtC;N from Mr. Kroll from Mr. Kro(( from Mr. Krolf 20 dB{A} 6 dB(A) 8 dB (A) iNSTALLED COST $12,000 �. • �•� �220,000 �200,OQ0 $'! SO,OCIO $50,00� 08/1S/96 1� :�9 ,�F.� 612 330 295� SLiB-TR.ai�i �I 004/015 Mr_ Kevin Batchelder page 2 Because of the wide v�riation in approaches available and because of mitigating operational concems with each design, it would be better to deteemine a suitabie saund reductian gaa! and cost e�ectatlon than to de#ermine a spec��c des�gn option a# this time, This wil! ailow for the most cost e#Fective solutinn. Greater detail of the cost figures used to develop these estimates and related information are at�ached, You also expressed cancems with several items in our Ie#ter dated Acrgust 9, 1996. Our condifion of quantifying the benefit of the reiaining wall treatment as in excess of 3dB at 12�Hz is basically a summar3r of much discuss'san canceming what the council and Mr. Kroll have essentially adopted as °s�gnifcan#" sound. For instance, the 2-3dB reduCtion.: from the removal af the #6 transformer was ct�arac#er�zed as not significant. �urther discussion even suggested 5dB was barefy naticeable. Therefore, we concluded #hat a"significa�t" sound change woufd be in excess of 3dB, iNe maintain #ha# these #erms must be defned in measurable enginee�ng quanti#ies ta describe #he beneflt or effect of praposed treatments. You also asked tnat we clarify our schedule of imp�ementation of #he proposed sound reduction treatments. . The capacitor bank stand modificafions woutd be inciuded with the initial ins#a((ation o# the capacitor banl�s and are expec#ed to be suppiied by the capacifor bank manufacturer: • The retaining wail tre�tment wi#F� sound absorbing panels (if uti(ized} would be added subsequent to eiectrical ccrostruction and #o aiiow us to measure and quan#ify the resuiting benefits. The expected electricat energization is by summer of 1997. ('iivs date is an jeopardy because of the delays in resolving the conditional use permit issue.} Assuming we successfully ach�eve a summer in-service date, the re#aining wai) #reatment would be accomplished in the fall ofi 999T. Although, post wall treatment saund �eadings will be at a diffierent time of year than the pre- treatmeni readings, we be(ieve the resu(ts wil( still be usefuL • Should sound barriersJwalls near the transformers become part of the project, we would propose to ccamplete this work before the summer fallowing (1998} e(ectrical completion. Much of the work around the #ra�sformers would require we take an outac�e of the transformer_ We would restri�# this outage to a time of year when (oads are low such as the spring o� faI(. Some of the work (such as fou�dations) may be compteted earlier if it improves the efficiency of constructian, Saund readings could than be taken af the entire praJect #o validate #he overal! sour�d reductions from our ubefore° reading taken this year: Mr. Krol! and NSP bath agreed it wouEd be appropriate to do #he attenuatian improvements last so that the noise attenua#ion benefi#s could be measur�d. In regard to the proposed cost-sharing proposa! as a mea�s for the City to gain additional sound redu�tion treatment, it is importani to NSP #hat #his be included so #hat this precedent is set. Should other communiiies wish to gain additionaf community � �08115/96 1�:49 F_� 612 330 295� StB-TR.aN Q1005/015 Mr. Kevin Batchelder page 3 benefits beyond i�at which are required by ordinance or normai practice, we wouid also expect them to contribuie to the enhanced design. This shared responsibi(ity ensures tha# only enhancements that are valuable ta the community are inctuded. As stated in our previous letter and reiterated with you iast Tuesday, in wha#ever canditions the City chooses to impose on our Condition�i Use Permii, we encourage the City to onty be specific on design detaiis that are critical to #F�e performance the City e�ects. Clther design issues shou(d be left up to the design #eam to achieve the mos# cost-effeciive impiementafron. WVe aiso assume the City will na# impose Mr. Kro11`s propased conditions unless Mr. i�Croll, in writing, certifies ta ttteir noise aftenuation value by reference to some level or range af dB's. , ��I��`" ,,i�-li—"�. Sheldan Siiberman, PE Cansufting Engineer, Substation Services cc: Harotd Bagley, Attomey Pat Giine Joe Mansur file E-9�AG03 08/15/96 1�:50 F.� 612 330 295� St1B-TR.aN �J006/O15 Mr Kevirt Batchelder a#tachments page 1 B�ckvround lnformatior� The following information was coUected from our conversa#ions with several e�erts in the field of sound control. _ Pattia� (comer� Transformer Sound Walls As sfated prevlously, our plan is to instail a concreie foating with removable I-beams tEtat would acxept some so�# of acousiical panel per Mr. I�roll`s conceptuat design. 1lVe contacted a local contractor to get an estimated cast of buifding this type of suppart structure. Foilowing is a breakdown of our es#imate based on founda#ion cost estimates from E.ayne Minnesota and stee( #�bric,�tion costs from D&M lron Warks {copies o€ their information is a#iached}: Foundation wi#h pedesfal Faundatian hand e�ccavation (by NSP)' Structura! steel {C15 x 40} Accessaries (attachmen#s, hardware} Sound absorbing panels {tuned} l.abor to insiafl paneis Cost for one wail Unit arice �30mr �24Jsfi �" $1 fJlsf Quantit 32 hrs 1 lot 28Ci sf 280 sfi E.�ciended Cost $7,7i�0 �9Q $6,162 �3,OCi0 $6, 720 2 8ti0 $27, d72 Cost fior eight walls $21+6,576 Engineering far above 80 $GSIhr 5 200 Totai instaiied cost � $22'1,776 * Far safeiy, NSP must hand dig ta e�ase ali underground facilities within the fence. �"` This is based on verbal info firom Mr. Tom Homer on the cost to designlbuiid a custam tuned panei. 8115t96 i+7SP ESTPROP.�7C i. OS/15/96 14:50 F�.k 612 330 295� StiB-TR.aN Mr. Kevin 8atcheJder attachments page Z Q]OOi/015 Transformer Enclosures M�. L,arry Hansen o€ Enviro-Acoustics Co., inc. pravided a pr'rce sheet of various #ransformer enclosures with the assaciated sound attenua#ion expectaiions tF�at they can provide. The price sheet was devefaped for Clntario �tydro-and is ten years old. He suggested the casts be escala#ed 3-5°la per year. i'he transformer enctosures completeiy enc�rcEe the transformer and would require faunda#ions and suitable ventilation pravisions, A conservative estimate for enclosing a singie transformer is 1,312 square feet (22'x49'x�6'H}. The foiiowing costs are rough esfima#es for such an enclasure at Rogers C.ake Substation. Eacpected per Attenuation Kit Cost abor transformer Total Complete enclosure, 20 dB(A} $481sf $�Isf $99,536 " �199,072 * separate faundation Gompiete enciosure, lighier 95 dB(A) $421sf $5/sf $9i,664 " $i83,328'� weigh# construction V1lalts only wi#h seai to #op 10 dB{A) $3i3/sf �5/sf $75,920 � �15'1,840'� of tank Panels supported from tank 6 dB(A) $3Q/sfi $5lsf �45,92t; 591,840 Close fitting panels applied 3 dB{A} �221sf $51sf $35,424 $70,848 between ribs of tank '� Includes "guesstimate° foundation costs of $30,000 per #ransformer Mr. Hansen did �o# betieve the partial walls would be effective and recommended we cc�nsider a�ransformer enclosure o� sound barrier. 08/15/96 14:50 Fa� 612 330 2954 I'�r. Kevin BatcheJder attachments page 3 1. sua-�.arr � oos�o�s � Sound Absorbinq Panets 1`he Nomer Co. suggested using siandard four inch fiberglass, perforated sheet metai panels designed io absorb broadband frequencies instead of a specia! design panel. Mr. Tom Homer stated they could also desigNmanufacture a special tuned panet at approximately double the cost of #he standard panel. The appraximaie costs provided are; - Pa�el only for mounting against a wa11 Free-standing wai( Retainina 1Na« . Cost to add 4' strip fo the top of retaining wali (300'x4' = i200 sf} Materia� � $51sq.� ft. $12/sq. ft. �.. �� Free-8tandin±a Sound Barrier i 20' x� 6' =192C} sf 23, 04C1 Founda#ion hand excavatian (by NSP} Added c+as# to make supports removab(e l�bar $5/sq, ft. $101sq. ft. $6, 0�0 19,2C10 Totai Insta(led $'i 0/sq. fii. $22/sq. ft. ��2,000 42,240 3, 80� 4.000 50,040 The panels are provided in four fvot widths and come in standard lengths of eight, ten or iweive fiee#, The free-standing wall design is based on simpiy setting five inch I- beams in concreie and sliding #he panels in#o the web. A removab(e design would be more costly. Mr. Homet did not believe #he partiai wa(Is would be effective and recommended we consider a sound absorbing barrier wa11 adjacent to the transformers. Capacitor,,,,_Bank We have been in contac# with General Electric Co, the capacitor bank manufacturer. We have not yet established a design, noise attenuation value or cost for Mr. Kro!('s proposed structure modifications. Therefor, our "guesstimaieA of $1C1,000 is sfi!( the best we can dc�. �� r � � 08/15/96 1�:51 Fak 612 330 295� �NVIRO-�COUSTICS CO 1 N C O R P O R A T E D StB-TRaN l� 009/015 9�sV �-- ��.- -�-�.� s�^- � s a�' 3-�j� �� •. -.� ��',,. c��r.�� `'r.<rs- L �l_D:r��::��_v..�...�.. �': �➢u�l _r..�:,rn��es��E-= �:_ta :r��: � � � ��ea : N 6 1: 'sl..8Y��11�= :=: iD dFJF1 ( 19 TO 2� ): •�COMPLETC ENCLU�IJI'�E= - r'ilt If•2 (�� ) l•li�i�..l, f•� �l F�OOF � *SEPARATE� FOUNUFlT 1 Ot•J *rRA�ISFORriER ON U I DRl•1'f' i DPl 1 ��1I. �a r r;�i {�; ��24 �� M i��I i MUM SNAC i r�C� TO I Plhlr'I'� Sl �I'?i � r•1r ;f:: ��32 / 5� _ FT _- i.l'1' f L I'f'! f�l )r �I.. f i"! '' _ �'b�<i l �C1. F'�' _ • • [ hld)[l:�;'1'!'? 1 rl�. (.)I Ifll .i I '! 15 dBA c i� TO 17 ) z *L"E�Mf�LETL ENGLU:;Ur'tL' IjIJ (' �_ I r.;l i 1 r.:l i t.:r �P.l:.� I'I'tIJC T.l Of�.l *SAME FOUIVDAT I Clhl w�REUlJCEO V I��tAT i(�N f�;Ul.(1'I' 1 t')�I 1•tLE71J I!'1i:h�l_M't� ��4" M I1�1I MUM SPl1C i t�lf; T(J T 1�I1�I1.:(i ��IF'tl�flf;E� •��28 i Sr� . FT .•- t�'f I i_ [ f Y p�.ln1. I i•r �*�20 / SQ . Fi .- t �IUIJ��I'I'? I i1t_ (�l Ir11 ( 1 Y S 13 2 o d ara c� Yo .�,�5 _ ��wn��s orv�v �u�r ;��t_Er� rti r nri�•. � c.iF � *SAME PANEL CONSTFIUCT 1 Ohl F�:; I � C1 F31-1 .F.'NCLOSUF't� *ALT[RNAT�l.Y , Tn7A� �Nt;L(J�,;UFtF.- 1:�U'1' L [ Gf�TE(� �-8" TO 2�►" SPACT�IG TO II�TIEI� SUf3f-'Fil':F' *��7� �0 �2�F / Sl�.F1'. DUT �;f•in� �..cr� !'I_Ft,[f•IE:TE�� 'r�-�ani 15 dFJA ENCLOSURE 6 dBA t 6 TO �)^ •��ANELS ;�UPI'OR'I'ED �iZOlh 1'flhll�: ('lf�l [ at'1L.f1 T'[:lf�,.�'�.i *B �� M i �I I riUM SPAC 1�ic;; 7 tJ t n�n�[: r1 �Ur�r••��1r::1_ �g�0 / SQ. r7 _$U'T Srqr•11..LCR F�I=R f t`IL'f 1-f1 '1'!•InN 7, t� rJ 8(-� ENCL05URE J dB� c fa Tc) 3)_ •�CI_OSC F I T T[ NL'� t'rat�1�L S i7�.'t wf _1.. N f'2 T fJ::� C�M TR(-1N�FORf`1EF2 Tf1Rlk *� 15 i��Q. F7. Ur- iarawF� I�U'r nE'JE7U t' �nh1(: PER I ME7Ef� A I Mf=tVS I CJPI ; O(- TRF�ru �r�n+�rnr:�r� THE A80WE ACOUST I CAL WARRANTY I 5 SUDJLCT' 'TO � I'I E I hi�PLt:'i' I ON li`( AN Ef�C E�IG I �I�ER PR I OR TO QUCITAT I O�I l �� NVIRO-�cousr�cs �o 1 N C O R P O R A'T 8 D �� 9806 7enth Avenue North, Mpls., MN 55441-5021 Telephone:6t2-542-8665 Fau:6t2-542-9942 . � , �yl� V f 08/15`96 14: 51 F.�k 612 330 295� StiB-TR.9N f� O10/015 � � � � � � � � � � � " � �� ... � AT :SANTA MA�R1A �POWER�.SUBSiATION �.,. �ultetin 4.1214., � �.� .. - -. � �.. ,. .; . lAC� MODULINE ACOUSTIC BARRiER� .. � , � . REDUCES ��TRANSFORMER = NOISE�.��LEYEL � �� . ��:.� � ��. . � . . ..: � AND . : STOPS . � NEEGHBORS' COMPLAlNTS � �.� ..�-� � . ...:.:__.. . �___ .. :..�._ : ...:...---�...:_. :.�..`...,.._.. � �_._.:.... _.:.�.;�._...,....�y'• ,_ � •;�.:�:..:_ •..�::__...__._:,:.:::�_`_.. ,.�....�.::.�:�,. PR06LEM• A transformer at the Puerta fi ico Water Resources Authority, Santa Maria substation, Ponce, Puerto Rfco, is located jusc 25 feet from a neighboring home, The proximity of the transformer result• ed in complaints from the peopie living next to the substation be- cause of the noise radiated by the trensformer. A sound survey conducted by PRWRA confirmed that the notse levels resultinq from the transformer operation exceeded the ambi• ent naise levels in the area, From the data abtained the degree of nolse control r�quired was ascertained. It was determined that the difference between ihe ambient leve! and the operating substation levef was zhe extent bywhich zhe operating Icvel should be reduced. It is apparent this difference represents the maximum measurable attenuation obtainable from a noise control installetion for a given arnbient condition. SOLUTION: An 18 foot high iAC Noishield�Acoustic barrier arranged as shown in the drawing, (Figure !} was selected as the most economical one to provide the degree of noise corttrol required. The choice took into consideration the faci that the high sound absorptlon tharac- teristics of the noise barrier minimized reflected sound, a distinct advantage over a barrier of masonry construction. This will be noted by comparing che sound absorptive tharacteristics of Noishield panets and masonry walls show� in Table i. !t was also talcen into account that the Noishield barrier sllowed quick instaUation and provides flexibility in erection or refocation probably unobtainable in masonry watls. �rection was carried out by mafnzenance personnel, anoiher advantage. R ESU LTS: Overall ambient �und pressure levels, together with levels measured in ihe complaint area before and after installation of the barrier, are shown in Table I I. The noise reductions noted in Table !I indicate that after the bar- rier was install�d, the sound levels at 2he neighboring home were controlled no Ionger by the transformer but by the existing ambi- • ent levels. Consequently, complaints concerning the substation iransformer ceased. Octave Band Center �u Z50 5Q0 1000 2000 4Q00 NRC Frequenry. H2 Type Barrier AgSORPTION COEFF(ClENT IAC Noishield 0.89 7.20 1.7 6 7.09 1.01 1.03 0.95 Panel Cona�ece Block. 0,36 O.ad 0.31 0.29 0.39 O,ZS 0,35 Unaainted Conerate Bloek, 0.10 0.05 0.06 0.07 O.fl9 0.08 0.05 Pointod Phom shaws acoustic barrier used around transformer at Santa Maria wbsiation. Netghbor's home is at left. ' ' PORCH }' ' • , , souNo aesdaewc .aNC�.s , • • : xis• s':ie' � • . ' �'x� ' . . �a': ie' , N� '� • �3'xtz' s • . z'= o' ' ; . , , •: . ' , � ' ' 3�Y 10' . , . • ;c�wTert': . : .�. • , � . .. . • � . : 3•�7w«• • • • . . - -- ' '• ' 1 . S�' 4� ' 7�- 0�' . . FIG, 1— P(an view of Moduline sound barrier arrangement TAgLE I— Sound absorption coefficients 7ABLE i I— Acoustic measurements, SPL ContacL yaur IAC TQch-Rep with confidence to help solve your noise problem. Ht has practical solutions backed by IAC's produc extensive laboratory faeifities, and application know-how gained in thousands of �ofse convol installations sinee 1949. e � n C�Ji973 � • YOUR IAC TECH•REP IS ❑ ovyr g t y � , INDUSTRIAL ACOUSTICS C�MPANY � � m*on:. Nc.. �ork losSt . 380 Sout�ern 6oufe�arC Dnone {2I2) 292-0760 � TO+ax ]2•�060 Sinta Mon�ca, Caltlarnla 90aOG • D,Q. 90: ILSD . Pnons (213) �9I•Q333 • T}lax 67•719i s��•s, M�QQ��yCX� Eng��a-Walton Ho�sa, Centrai rt�etng Est��•Sea�nr, a6251•Toi�,e 25-Sie r..r.r.................. �.'EPRESENTATrvke �ni oowrioe� r�r.ee 08115l9S 1�:52 F�� 612 33Q 295� SLI$-TR�N � � olilazs t MODUL�NE� CHECKLIST � ' Acoustic Per�ormance Ratings ' , ' �s+lodufine Panels are available with a wtde range of sound-transmission-ioss and sound-ahsarption ratings to accommodate any naise-control requirement; SOUND TRANSMISS[flN COSS, dB SOUND ABSORPTION Ct}EFFtC1ENTS Ceriter Fteq , Mz � 63't 25 � 280 � 500 � 1 K I 2K + 4K I 8K }S1'G Noishield Regulai Miit 0 Reguizr Noise-Lodc 1 Naise•Lxk 1� and 8 10 �mmmmmm�� Oetaue Bsnd Center Freq„ �tlz Noishleld Regutar and Trac�vall Fieautar Noishietd Septurn Noise-lock I.II. F4re-Noise-I.ock and Trackwau Heguiar � 8 25 35 � a5 52 51 56 58 4G 10 Hoishisid and Tracicwail Supet•Naise-l.xk 31 34 35 �4 5a S3 i 62 68 46 15 Regutar with Trackwall Hard 31 38 43 a8 53 53 58 59 51 10 fill protaetion and space Noishietd Hard 22 33 45 52 58 68 75 65 58 9.5 1Vaise•C.cckltt Vaut[ 34 39 a6 56 62 59 60 64 57 95.5 Noise-Foii t and II, Noise�Lack III 20 36 51 68 �5 83 84 73 59 1 t �y jn.-51 mm thk) �ia'sse-I.ock 11 Narct 24 4b 50 57 65 73 80 �S 6'f 12 NoiSe-Foil 1 and il Noise-Lock IV Hard 21 30 50 60 T3 79 80 71 62 71.3 (4 in.-102mm thk) Gemini Rsgutar 3a d3 �S 89 75 82 � 86 78 70 23 Noise•Fa7 Y oara in aomprero accard'anae wiNh ASTM E so (T'ransmission Coss) and E�a r3 (sound Absarprlor,�. 1251250 I 50d I 1K � 2K i dK ! 8!C ! NRC 0.89 i,20 1.96)1.09 1�,01 1,p3 0.93 (1.1Q) �,,., o,ss 0.50 0.68 1.03(1.05 T.00 0.99 {1.t0} -" 0.95 0.84+1.19�i.11�1.Ofi�t.03� 1.0(i � 1.04 �{a95} b.56 � o.99't.09 � 0.97 � Q.95) 0.90 �-� tQ.�y " . :. Q.35 0.68 t.20 1.27 1.07 0.92 0.95 d.87 1.39 1,34 1.29 1.19� �.01 - 1.3Q ��p �. ✓ Fire Resistance Ra#ings � �i�e-Naisa-�ock�+ Panels are shipped with U.L. iabets certiiying i-hour {so(id sidej and i.5-hour (absorptive sicie} ratings. Doors certified and shipped with 1-, i,5-, or 3-hour rating as required. Trackwall� ava�ilable with t.5-hour rating. See Oata �heet S 1113 tor further details. ✓ Blast Resistance . Moduline StrucEures and Campcnents can be designed #o withstand 1 psi {6895NUm2j blast toad. Att doors rerr�ain operab(e sfter I�last. ✓ E�ullet Resistance Modutine Noise-Lock Acoustic/Bal(istic Panels are Underwriters Laboratory listed far bullet resis#ance in accordance with U.l. Standard 752. System is rated far High Power R'rfle {HPR}, Super Power Smal[ Arms {SPSAj, High Pawer Small Arms (HPSA), and iVledium Power Smal! Arms {t�t1PSA}. . ✓ Tax Advantages Reduce Cast Moctu�ine Structures �u�!'�{y in many appiications for tax savings assaciated witfi accelerated depreciation. C3ther construction components such as dry watl or conerete block do not qualify. 5avings w(th Moduline can amount to 3t7% to 40% of purChase pace. lndustrla! Acoustics Company recammends cansuEtation with ta�c orfinancia� adv�sars on the spec3#tcs ofi each appltca#ion. 1/ Detailed Moduline Application Manual Each Modu(ine Comportent is fulty described in nearty 100 detailed engineering anc! appiication data sheets which make up a new expanded edi#ion of the Moduline Applicafion Manual. It provides engineering data including sound transmission Cass, saund absorption, sizes, weights, rnateriafs of construction, and application inforrs�ation utilized i� the des#gn and instaltatian af noPse-cantrat structures, Request IAC Moduline App(ication Manuat, Buttetin 6.0502. 4� Unequalted Engineer�ng and Manufacturing Organizations Since 1949 Irtdustrial Acpustics Company has pioneered exclusively in noise-contro! praducts and systems for industry, architecture. researc,tt, a�raspac�, power generation, and air condifioning. !AC possesses a uniqus reservat� a# praciica{ naise-contro! engineering knawfiow as appiied in thousands of instattatiar►s. IAC wii( be pteased to make recommendations to meet any acausticat criteria and requix�+ement. For unusual problems let !AC's engineers and research facilities ga to work for yau. ALL DESIGNS ANO SPECtPICA�QNS SU8IEGT 70 CNANGE WtTNOUT NOrlCF. ItVDUS7`RIAL ACQUST�CS COMPANY SlNCE 7949 - LEADEAS IN NO1SE CONTROL FNGINEERING, PRODUCTS AND SY$7EM$ 1lNITED STATES UNITECI KMGDOM . GF.itM`NY 116000MMERCE^VENUE CENTRALTRAQlNGES7ATE SOFtLWE(317 BR4Nx, N�W YQRK toe62•5599 STAtHES. MIDDL,ESfX, TWiB aX8 p-at372 NtEQERKROCHFEN PNQNE: (916} 931-b400 pHONE: (078a) 458•251 pHONE: lozt68? e'a3t FAX; (T76) 063-1138 FAX: (078d) a53•$p3, TELEX: 2551$ fAX: (02163) eQ61$ �`. �, i 'r.�' . V 08/15/96 14:52 F�?i 612 330 295� SUB-TR�N a C� oi�iois � How Sound-Absorbing Panels Reduce Plant Noise Levels � Noise-FoiI7M Sound Abso�bing Modules are practical and effective for reducing high naise levels in industrial and commercial facilities. Although providing little•noise reduction near noise sources, Noise-Foil will b�nefit workers further away. �--- �'� � � . . 9FyfR � SDU;y�?4h1 ' mo��r cn��.�.. ��a� souNo �esonrnoN� k01SE i b CEVV � � �tN SQ�1Hp A850APi�pN i- DIST6NCE FHOM SOUNO Operators at a— not helped; personnel at b— benefit from reduced noise levels as reilected sound is absorbed 'en route'. Risk of hearing loss is reduced and speech intelligibility is improved. Noise reduciion of 3 to 5 d8 is typical; as much as 8 to i0 d6 in highly reverberant areas. . IVoise-Foil Sound Absorption Panel Systems reduce reflected noise and� provide acoustical conditloning for large and small spaces. Can be attached to walls or suspended from ceiling. � NOISE�FOIL P�1NEL TYPES TYPP . • ' .I ACOUSiiC RATINGS '". ::;I DESCAIPTION: ',; � � ' . '. .:� :• ; •:`• . '�kPP.1.iC11710NS'.`•:. NF-1 �tRC 8.70 to 1.30 Opon baek-non-welded constnution WaH mount ASTM C 423-9da Face sheet f�liy pe�foratsd No air spece � � � � '� ' �•`�:� Maxwldtn ta' (356mm)-2' (51mm) d,ick rvo Jolners req�iraa 18' (457mm) -4' (102mm) thick Av�lable in e-fmjshed materlals, steel u aluminum Nf-if NRC 0.70 to 5.30 Open hack-welded steel constNctlon Wall mount q ASTM C 423�84a Face sheet fully pertorated No air space ,JI �� ' y� • Mex width 48' (1219mm) - a' {t02mm) lhlck Joiners or trim required '� C4� Availabla in a varie of int fa�ishes aher fabrica6on . NF.IIi NRCO,i0to1.30 Fullyperforated-frantaridbadc-non-weldedoornlntciion Coifinghung „ , .:a ASTM C 423-84a Max widlh 42' z 66' x 2' thick (t067 x 1676 x 51 mm� Wall mount with air spaee . (Apply to toisl panel surtace area, 38' x 62' : 4� thick (965 x 1575 x 102mm) le, both sldos Avaifable in fini9hed ma�eria� sreel & aluminum NF-IV NAC 0.95 -ASTM C 423•8aa Clossd back panel Wall, stud, and ceiling grid STC 33 - AMA iwo foom met�od MaX width 42' x 66' z 2' U1ick (10&7 x t 676 x 51 mm) . •• ASTM E a13 38' x o2' x 4' ihiek (965 z i575 x 102mm) � A�aibble in e-ftnlshed mateBals. steel & aluminum NF•V NRC i.OQ Open back Wall maunt ASTM C 423-84a Faca sheec margined pertorations Idoal tor outdoor applications Maz width 24" (610mm} - 2�h_" (6dmm) thick No slr spaco � '`� �� '�� Availabie in pre-fln(shEd matarials, galvanized steet � atuminum. fVo joiners requirea Acceferated Weatner Tested - a000 hdASTA4 B 117 • 2b00 hdASTM G 23 T1�E It COtJitNUGUS NOISE-FOIL INSTALLATION DETAtLS n� �� CEILINpHUNG �� TYPE tll ' Al I7 SPACE M W NT a �� '~ TYPE IV WALL MOUNT . • . j� r _ rraF rv CEM�iG GRID 1'rPE IV STUO MOUNT • TYPE V wa�L MOUKT - �� 44..! �— C.: , � 08J15196 1�:53 F.� 612 33U 295� SUB-TR.�N �� August 16, 1995 Mr. Kevin Batchelder Ci#y Administrator City of Mendota Heights 19 fl� Vctoria Curve Mendota Heights, MN 55118 �j0131015 Northern States Pawer Company d14 Nicottet Mall Minneapolis, Minnesoi�t 55401-1927 Telephane 612-330-6427 Through our r�search of costs for the proposed enhancements to our projec#� we have discavered wFfat we believe to be ti�e most cost effectrve altemative. As an aitemate to aur proposa( dated August 9, 1996, NSP is willing to commit ta insta!ling a sound absorbing barrier north of the exisfing #1 a�d #2 transformers as welt as installing the previously defined landscaping at no additiona! cost ta the City. This proposa! does not inciude changes to #he capacitor bank structure or the application of sound absorbing material to the refaining wall and is conditioned on the City clari�ring #he conditions as stated on the attaci�ment. The benefits to the City are: • AI! ai ihe proposed landscaping and sound attenuation treatments prev�ously wc►rked out with iocal residents, #he Parks Commission and the Pianning Commission, • Additianal sound reduction from the exis#ing equipment that #he Mayor said has been a source of imtation fo some tocal residen#s. * No addi#ional cost to the Ci#y. • No further discussion and/or litigation The benefits to NSP are: , • Moving forward with our project and meeting the needs of our custamers and system. • Acceptable additionai cost. • Less restriciive conditions for operation and maintenance than Mr. Krol#'s proposal. • More proven technoiogy/design than Mr. Krall's propasal. • Na further discussion andlor litigaiion. The sound absorbing barrier would be added subsequen# to eiectricai construction to allow us to measure and quantify the resufting benefits. The expected electrical energizatio� is by summer of �1997. (Thls date is in jeapardy because of the detays in resolving the conditional use permit issue.) Much of the work around the transformers woutd require we take an au�age of the transformer. We wauld restrict fhis outage io a time of year when loads are law such as the fall or spring. Assuming we successfuliy act�ieve a sumrner in-service date, the bar�ier wauld be accamplished in #he fali of 1997. Although post wall treatment sound readings will be at a different time of yeac than the pre-treatment readings, we bel�eve the resui#s wiii still be useful. sn s� NSP corrDmvs.voc 08/15/96 14: 5� F_� 612 330 2954 StiB-TRaN f� 014/015 Mr. Kevin Batchelder page 2 In anticipation of your acceptance of this compromise proposal, we have engaged The Homer Company to prepare a design and cost proposai for a noise barrier utilizing a� panel sucFt as the Moduline� Noishield Regular panel as described in the attached catafog page from the Industria! Acoustics Company. We hope to have more specific data (cost and calculated attenuation) available at the Augusf 20 meeting. To assist you in rnoving forward with this proposal we have taken the liberty of developing the conditions for granting our requested CUP. Most of the provision remain the same as prepared by your Planning Commission with the inclusion of the new proposed sound barrier and clar'�fcation of the rernediation condition. Sheldon Silberman, PE Consulting Engineer, Subs#ation Services cc: Harold Bagley, Attomey Pa# Cline Joe Mansur file E-96AG03 08/15/96 14:5� F�� 612 330 295� StiB-TRAN � 015/015 Mr. Kevin Batchelder attachment page 1 Following is NSP's recommended conditions to be adopted by the Council on Planning Case No. 96-18: The Council approve NSP's application for Conditio�al Use Permits for Essential Services and Mining and a Variance allowing a fence higher than 6 feet with barbed wire under the foAowing conditions: 1. tF�at NSP comply with fheir landscape pfan showing ihe extension of the west wall 60 feet, the planting of trees between the walkway and substation, the planfing of , Arborvitae on the east side, and the planting of trees on the north side, 2. that If any damage be done to the existing landscaping it be rep(aced, 3. that, as the last phase of the project, NSP instal! a sound absorbing noise barrier approximately 15 feet north of the existing #1 and #2 transformers and approximately '120 feet long, 4. that NSP take the same noise measuremenis again 30 days after the project is completed, and p�esent these new levels to the Council within 30 days after they are taken, 5. that if #he above measurements indicate that the noise has worsened in volume at any of the measuring points on the premises of Ivcal residents, NSP present a remediation plan to the City, 6. that NSP work out a saiisfactory aRangement for maintenance of the landscaping NSP provides on park property. S/15/96 NSP CONDITNS.DOC 08/15/96 13:52 FAX 612 452 8940 �ENDOTA HEIGHTS L�j001 ` City o� ...�..� 1Viendota Heights August 14, 1996 Mr. Sheldon Silberman, PE Northern States Power 414 Nicollet Mall, 7th Floor Minneapolis, MN 55401 Dear Mr. Silberman: v � � ,�-c�.c 5 � � � � � � i � — ti� This letter is to acl�owledge receipt of your August 9, 19961etter and to pmvide clarification on a few points made in your letter. At the August 6, 1996 City Council meeting, NSP agreed to the following noise attenuation �-� measures at the Rogers Lake Substation, to be listed as conditions of approval for a Conditional Use Permit: 1. 2. 3. The extension of the west wall, as per plans on file in Planning Case No. 96-18; The extension of the berm to the north, as per plans on file ia Planning Case No. 96- 18; 1'he addition of tnees and landscaping, as per plans on file in Planning Case No. 96-18; 4. The addition of an eight foot high (wide) band of sound absorbing panels along the upper edge of the northeast corner of the sheet piling wall, as pmposed by Mr. William Kroll; 5. The addition of the support structure under all three capacitors consisting of eight inch (8 ") diameter pipes filled with grout as pmposed by Mr.. William Kroll. City Council also authorized of up to $1,000 for additional work by our acoustical engineering consultant, Mr. William Kroll. Mr. Kroll is prepare a final report that quantifies the aoise attenuation effectiveness of his pmposal, presented on August 6, 1996. NSP agreed to determine design specifications and cost estimates for all the noise impact measures to which it has committad, in consultation with Mr. Kroll if necessary. In your letter of August 9, 1996, you mention that Item # 4 above "would be completed in the year following the electrical in service date of the project to allow NSP to measure and quantify effectiveness of �the this sound reduction technique." This was not part of the verbal 1101 Victoria Curve • Mendota Heights, MN • 55118 (612) 452-1850 - FAX 452-8940 0 Mr. Sheidan Silhexman August 14, 1995 page two commitment made on August 6, 1996 at the Council meeting and I am assumiitg that City Couucit considered this work to be completed at the time of consiniction of the pmposed NSP improvements. • Also regarding Item #4 above, your letter states that "The City will waive this candition if its consultant does not pmjeat it will produce a sound reduction to at Ieast oae msident in excess of 3dB at 120HZ. " Again, this was not part af the agre�ment arrived at an August 6, 1996 at which time NSP committe�d to Item #4 above withont the condition of "sound reduction in excess of 3dB at 120HZ to one or more m.sident." Our consultant will be submit6ng a report on the effe�tiveness of his proposed noise atte�auation measures. City Council will make a determinatzon at thatt time regarding the effa�iveness of this propased solution and its necessity. � Further, the City did nat agree to participate in any cost sharing far saund attenuation for Tiansformers #i and #2 or agree to any scheme of #a7c rebates that would pay for the propased paztial sound enclosures. This final item is still 6eing cons'rdered by City Council and by NSP and it will be the main focas of consideration when this item is r�turned t;c► City Cowzcil. Ciry Council, at the August 6, 1996 meeiing, directed staff to invest�igate the t�c benefits from the propased NSP imgrovements and to x�eport tlus infonmation to them. City Council will. consider this informaiion in respc�t to the proposed partial sound enclasures, however, it is important to point out, tt�t at this clate in time, they have not committ�d �a any cost s�aring or the funding af any praposed noise atGeauation methods. We Iook forwanci to receiving your r�port on design aad cost e�timates for sound attenuafron propos�ils at Rogers Lake Substatian. Please snbmit this information prior to noon, Thursday, August I5, 1996 and please amange to have the appropriate representatives of NSP availabie to discuss yaur report and answer qaestions at the City Council meeting an Tuesday, August, 20, Ig96. Sancerely, . ,��L�--- G{,. i��a.��-- Kevin Batchelder City Administrator cc: Tom H[art, City Attorney James Danielson, Public Warks Direetor Patri.ck Hollister, Administrati.ve Tntern a � � C ity o� .�.. ,• 1Viendota Heights August 8, 1996 VVilliam Kroll ' " William H.O. Kroll & Associates, Inc. 5217 West Mill Road Minnetonka, NiN 55345-3347 Dear Mr. Kroll: The City Council, at their August 6, 1996 meeting, authorized additional work on your behalf to further quantify the noise atxenuation effectiveness of those elements which were proposed for sound attenuation at the NSP substation. City Council authorized an amount not to exceed $1,000 for you to complete your analysis and to pmvide written verification about the noise - attenuation effectiveness of your proposals. � City Council also authorized you to work with NSP, as ne�ded, to determine design specifications and cost estimates for the noise impact mitigation measures as discussed at the August 6, 1996 meeting. This work is to be billed to NSP. These measures being considered - include the following: � 1. The addition of an eight foot high (wide) band of sound absorbing panels along ` the upper edge of the north east corner of the sheet piling wall. 2. The addition of the support stiucture under all three capacitors consisting of eight inch diameter poles with grout. ' 3. Partial. enclosure stxuctures for the transformers No. 1 and No. 2. NSP is scheduled to be pla�ed on the August 20, 1996 City Council agenda. At this time it is not anticipated that we will need you to attend that meeting on the City's behalf. I will contact you regarding this follow up work. Should you have any questions or concerns, please contact me at 452-1850. Tha.nk you. Sincerely, C�� Kevin Batchelder City Administrator 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 ` � ity c�� ,,.. � . ,��i+�nd�ta Hei�h�s August 8, i996 Patrick V. Cline Communify Service Manager Southwest Metro Area Northem States Pawer Cc�mpany 3000 Maxweit Avenue Newpart, MN 55055 Mr.. Ciine: The City Council of the City of Mendota Hei,ghts reviewed your application for Conditionai Use Pernuts for M�ning and an Essential Service and for a Variance far a fence higher than six feet with baarbed wire at their regularly scheduled me�ting on August 6, 1996. At that meeting, the Council decided to continue discussion of. your application to the next Council meeting on August 20, I996. � At the August 6, I996 City Council meeting, NSP reiterated its previous commitments to the fallawing measures as documented in Planning Case Fiie No. 96-18: I. the e�ctension ofthe west wall �.. 2. the extension ofthe berrn to ihe north 3. the additian of trees as described in NSP's submitted landscape plan On August 6, 1996, NSP also committed to the following additional naise attenuation measures proposed by the City°s consultant, William Krall: 1. The addition of an eight foat high (wide) band of sound absorbing panels along the upper edge af the no�rtheast corner of the sheet piling wall. 2. The addition of the support structure under all three capacitars cansisting of 8" __ diameter pipes filled with. grout. . Cauncil has also authori�ed an additional gayment of up to $ i0Q0 to our cansultant William Kroll to fi.uther quantify-ihe noise attenuatian effectiveness of thase elements - which he propased at the Au,gust 6, 1g96 meeting. As agreed to on the evening af August 6, 1996, it is NSP's responsibility to determiue design specificatians and cost estimates far all impact mitigation meas�ues to wbich it has committed, in cansuita.tion with Mr. Krotl.if 1I42 Vietaria Curve � 1V�endata Hei�hts,lViN • 551I8 452 • 1850 �` n necessary. Any compensation to Mr. Kroll for the design and/or cost estimates of any noise attenuation measures will be paid by NSP. In arder to be placed an tbe City Council's agenda on August 20, I�96, these estimates, and any other written material, shall be submitted to City Staffno later than 12:00 noon an Thursday August i S, 1996. Please arrange for representatives af NSP to discuss your app�ication and answer = questions at the City Council meeting on Tuesday, August 20, 1996. Thank You. . _ �.,t�-- �c�•e.r.�t,-.Q�-- Kevin Batchelder City Adrninisirator � cc: Tom F.[art, Attarney Bill Kroll, Cansultant � a � ,.. August 9, 1996 Mr. Kevin Batchelder City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 I am in receipt of your letter to Pat Cline of August 8, 1996. �"�1-11.L � �;; AUG :� 2 �f;. . � : �, ; Northern States Por�oa� _ - � �.... __ 414 Nicollet Mall Minneapolis, Minnesota 55401-1927 Telephone 612-330-6427 Following is our understanding with further clarification of the final compromise proposal presented by NSP at the meeting of the Mendota Heights City Council on August 6, 1996. In an effort to improve conditions in the neighborhood of the Rogers Lake Substation NSP will: 1. Add to the height of and lengthen the existing berm in the park near the northwest corner of the substation; add plantings on the west, north and east sides; and extend the wood wall on the west side approximately 60 feet to the north per the plans previously given to the City Planning Commission. (The cost is expected to be $65,000.) 2. Work with the capacitor bank manufacturer to modify the stand to utilize materials and/or designs to minimize audible vibration as recommended by the City's consultant. (This is based on an assumption that the cost will be in the neighborhood of $10,000.) 3. Add a band of sound absorbing material to the top edge of the planned retaining wall in the northeast corner in accordance�with the City's consultant's design. (The cost is expected to be in the neighborhood of $10,000.) In an effort to learn from this effort, work is to be completed in the year following the electrical in- service date of the project to allow NSP to measure and quantify effectiveness of this sound reduction technique. The City will waive this condition if its consultant does not project it will produce a sound reduction to at least one resident in excess of 3dB at 120HZ. As an added option, NSP will install sound absorbing, partial walls at the corners of the finro remaining transformers provided the City will participate in the cost thereof by providing a rebate of the incremental tax benefit generated by the capacitor bank project for a period of six years beginning in 1998. (The cost of these walls is expected to be in the neighborhood of $165,000. The incremental tax benefit to the City is estimated to be $17,000 per year.) In an effort to learn from this effort, work is to be completed following the instatlation and testing of the retaining wall treatment (item 3 8/9/96 NSP FNLPROP.DOC �� Mr. Kevin Batchelder � page 2 above), unless installation is waived by the City, to allow NSP to measure and quantify effectiveness of this unique sound reduction technique. Since costs are of great importance to both the City and NSP and since the designs are imprecise at this time, it is understood that following detailed design, should the estimated costs significantly exceed those identified above, the City and NSP will work out suitable modifications to keep costs in-line with expectations. � NSP's application was continued to the City Council meeting on August 20, 1996, to allow Mr. Kroll to further quantify the noise attenuation effectiveness of his proposal. The foregoing varies from your proposal in regard to the sound absorbing panels on the retaining wall and the support stand for the capacitor bank in that these treatments have not yet been designed to the specificity you imply. NSP needs to retain more flexibility. We also wish to comment that your letter makes no reference to the partial walls around the transformers and the City's contribution towards the cost. Lastly, we also wish to caution that NSP has no commitment of engaging Mr. Kroll to do the design work at NSP's cost. NSP will contact you before noon on Thursday, August 15, 1996, and give you an update on its estimates for the costs of these sound attenuation treatments. As stated above, the estimates may change after detailed design. Since Pat Cline will be unavailable next week, please contact me directly if you have any questions. �'� , Sheldon Silberman, PE Consulting Engineer, Substation Services cc: Harold Bagley, Attorney Pat Cline Joe Mansur William Kroll - Kroll & Associates file E-96AG03 _ �� c04'39Ud 1U101 �*, , „ ... . ---�-�—�-- • _ ---�-- . ... . . . . . . .... UJm. H. O. �Sroll �� (�ssociat�s, Inc. Eng;rw�x� cor�,tc-r�g tn acc�r-.t;� SY I/ W25t Md! fiood � Mintu�tonfsa. Mic�ne5ota SS54S Pt� b1Q-�34-4494 • Et�C b2Q-934-i a00 • 20 Au�,�ust, 1996 eity cf I�endct� Heights 1101 Vickaria Curve Mer�data Heights, MN 55218 For Mt. Kevin Batchelder, C.ity Adminictrator Subject: The.NSP Planxed Cha�ges ut the Rogax T.,ake �'uh.ctati,tin - Ac.oustics Dear Sir. In simple sumrnary: 1) In the carner by the sheetp'aing, thc futurc no'rse ]evels will bc higlier thaax ttiey cu c now hut ikere are no houses nesr that corner. 2) Adtfing thc benn will rna3ce a siight redoctian � naise to the north but wi11 not appreciahly hel� tfie �veratl sihiatian at the houscs where the compl�ints arise. 3) F.actending the wooden wali will het� cigr�,iflcarnty witiun �t�ft. of che wall buc not much, further to che Wesc. 4) A partial or salid wall ve�y n�-ar w and jus�t north of ihe transformCrs 1 arid 2 wau2d do thc most good for tho houscs to the nacth a�id wcst (5 tn 18 decibets}. 5} The "open" question is that of thc to bc-addcd cagacitar banks in the corc� �y thc sheetpiling. The Capacitor $anks that NSP represented as bcing of the same kind and type planned for Mendota Heights ue, indeed, noisy - as �vide�sced hy cur bricf ob1ectiYc anc! cabjer.tive tests at #he parkers Lake substation. Thosa to-be- added cupacitor banks and u� in the air e�n tc►wers (rnayhe 14 to 30 ar mare faot high} cauld msnifest a si�ttificant increa.se in nnise leveis in parts Qf the area uound the substation. I plan tn be present at ihe CounciI Meeiing this evening but wilt n�t Ixe able to maics it htfore 8:00 p.rn, Very truly yours. �/L.��'"""''' �,� t t �� WmK/iw Wm. H, O. Kroll, P.�. Z00'39dd qt�:b ba. �t i�n i CITY OF MENDOTA HEIGI�TS �Q August 15, 1996 � TO: Mayor, City Council and City Ad ' tor FROM: 7ames E. Danielson, Public W arks Director SiJBTECT: United Properkies - Easement Acquisition At the Decemher 24, 1994 meeting, Council authorized payment to United Prop�rties for acquisition of drainage and utility easements far two storm water holding gonds (minutes attached). The ponds were then canstructed in canjunction with the Industrial Park Storm Water Project that was completed ia 1995. Because time was of the essence, and because United Properties desiared to have time to allow their attorney review the easements, ihe project proceeded with "right to entex agreements" from United Properties in lieu of signed easament documents. United Properties has now submitted signed easements and requests payment (see attached). Approval for payment far the easements was made upon several conditions, includiu�ng adoptian and passage of a resolutian restricting development area, recording that this r�solution with the easements and submission of signed copies of the easements. I have prepared a draft of a resolution for Council Review. s_ 1�I��I _�I� s Y 1�, The City has campleted canstruction of the Industrial A.rea Storm Water Improvement Project whi.ch incorporates two storm water holding ponds, thase ponds now need to be preserved within easements. United Properties has now submitted signed copies of the needed easements, therefare I recommend that Cauncil autharize payment to United Properties far these easements as reqaested, subject to adoption of an appmpriate resolution to be filed with the easements {draft atta.ched}. ; �1 i i �__ i 1�: _1 Council shouid review and fmalize the wording af the attached resalutian, and then if Council desires to implement the recommendation, they should pass a mation adopting Resolution No. 96 -,"Resolutian Restricting Deveiopment of Lot 2 Block 1 SouthRidge Businass Center 2nd Addition and Lot 6 Block 1 Mendota Heights Industrial Park," and authorize payment of $236,543.40 from T.LF (calculated based on an actual square faotage acquired at $1.80 s/f as determined by the apgraiser}. City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 96- RESOLUTION RESTRICTING DEVELOPMENT OF LOT-2 BLOCK 1 SOUTHRIDGE BUSINF.SS CENTER 2ND ADDITION AND LOT 6 BLOCK 1 MENDOTA HEIGHTS 1NDUSTRIAL PARK WHEREAS, the City of Mendota Heights at their December 20, 1994 meeting agreed to acquire drainage and utility easements from United Properties to accommadate City storm water improvements to the Industrial Parks Storm Water System, and reunbursing them for the appraised value of the easements and, WHEREAS, approval of this acquisition was conditional upon the following: 1. Than the easement areas not be used for de��elopment or he used in density calculations for development of the lots 2. That a copy of this Resolution be filed with the easement document at Dakota County. NOW THEREFORE, IT IS HEREBY RESOLVED by the City of Mendota Heights to purchase the needed drainage and utility easement areas at their appraised value subject to the easement area not being used for development or be used in density calculations for development of the lots and, subject to a copy of this resolution being attached to the subject easements. CITY COUNCIL CITY OF MENDOTA HIIGHTS By Charles E. Mertensotto, Mayor ATTEST Kathleen M. Swanson, City Clerk � �, Page No, 4247 December 20, 1994 square foot sign atong T.H. 110. He suggested that Mr. Curley appear before the Pla��ning Commission for variance conszderation. Mr. Tium Curley, present for �he discussion, stated that #he build�ng has ex.isted for 26 years and �he sign•has also and all he is asking is to place his Iogo in the apex of the sign. He stated that he has met with city stafFand the city, planner ar�d all agreed that this was w�ithin the Iimitatians of the ordinanee. Mayor Mertensotto responded that 120 square feet of sign area is non-coaafornaing and there is no record Ethan Allen received approval for the sign size. � Councilmember Huber stated that if Council decided ta deviate from the ordinance, a precedent is set and others in the future would expect the s�me sign size. He fizrther stated that Mr. Curley should make application for variance and go thraugh the same planning pracess as everyone else daes. Cauncilmember Huber moved to table actian and refer #he matter to the Planning Commissian for review and recoxnmendation. Councilmember Krebsbach seconded fihe motion. Ayes: 5 Nays: 0 U!NITED PROPERTIES Coiu�cii acknawledged a memo from Public Warks Directar EASEMENT PURCHASE Dazuelson regazding acquisitian of easements from United Properties in conjunction with the industrial park storm water praject. Council also acknowledged proposed easement agreements. � Mayor Mertensotto stated he feels that the appraisal is top dollar vaiue which does not take inta account that this is prabably not the most desirable part of the developer's land for density. He fi.uther stated that he has spoken to the city's appraiser, Blake Davis, and asked if he thought it would be agpropriate, {if the city acquires the easement azea at tb.e $1.8p per square foot value at which he appraised the property� for the easement area to be deducted from the total land azea for development sa that United Properties cannot calculate the foatprint by saying fhat they own the land and include it within their land azea calculation. He recommencied that acquisitian be conditioned that the easement area be subEracted from the land area owned by the developer as far as the potential percentage development. After discussion, Counciimember Smith maved to purchase drainage and utility easements from United Properties, as described in the � .Ayes: 5 Nays: 0 HEARING - TRITTH IN TAXATION Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 � Page No. 4248 December 20, 1994 Public Works Director's memo dated December 15, 1994, for the appraised value of $246,000 to be funded by the TIF, subject to execution and delivery of the easement documents, in recordable form, by United Properties and further conditioned that the areas taken for the easements be subtracted.from the land area owned by the developer for future development percentages. Councilmember Huber seconded the motion. Council d.irected staff to draft a resolution with respect to acquisition of the easement, the document to be attached to the recorded easement, and notify United Properties of the condition on development area reduction and inform them that unless they consent to the condition the city cannot proceed with the acquisition before the end of the year. Council acknowledged a memo and proposed resolutions with respect to the 19941evy and 1995 budget. Mayor Mertensotto opened the meeting for the purpose of a subsequent hearing on the proposed 19941evy and 1995 budget, and asked for questions and cominents from the audience. There being no questions or comments, Councilmember Krebsbach moved that the hearing be closed. Councilmember Koch seconded the motion. Councilmember Koch moved adoption of Resolution No. 94-91, "RESOLUTION APPROVING FINAL 1994 TAX LEVY COLLECTIBLE IN 1995 AND ADOPTIlVG TI� PROPOSED BUDGET FOR 1995." Councilmember Smith seconded the motion. METRO EAST DEVELOPMENT Council aclaiowledged a letter and information on the Metro East PARTNERSHIP Development Parknership from its Executive Director, Jef&ey � Rageth, along with a memo from Administrator Lawell. Mr. Rageth � was present for the discussion. Mr. Ragetli gave Council and the audience a history of his organization and informed them on the organizational purpose and development activities of Metro East. He gave an overview of the programs and services provided by Metro East and informed Council on the potential benefits to be gained by the city through ` .� hi�l � ,�4t' (1:,. �,,;��.�, : -.� � =;, _�.; ;- ; � � . � . . August 14, 1946 3im Dauie�son ; City afMendota Heis�hts 1I{}� VictoriaCurve , .Nien�ota He%�ts, MN 551 l 8 RE: MENDOT'A HBTGHTs HUs7NEss PAltx STORM SEWEIt EASBMENTS I�31' Ti111: Please find attached the Iegai descriptions %r the storm s�wer pand adja.cem to Pilat Knob Road �Parcel I� and the lega! d�scription for the storm sewer pand at the I�TE comer of Meadota He�,hts Raad and Enterprise Drive (Parcel 2). i Pwsuant to our agreement of last year, by which the City wili pay Nortiiland Land Company $1.84 per square fc�at for ti�e casement area, we have shown these easements on the Southridge Business Center Second Additian for (Parcel t) and will record the easement deed for Parcel2 fo�lawing the gayme�tt. ; C}ur s�uveyor, Snnde �.and Survey�n,� Ir�c. has calcuia#ed the areas w�thin each �asement and j #hese azeas a,re included on the Easement A�reement for both Parcell and 2. � The caiculation of area. and totai amount due Narthland L.and Campaay is as follQws: Parcel 1 Parcet 2 4,574 sf 61,958 sf 1,950 sf 68,4$2 sf 62,931 sf 68,482 X $1.841sf = $123,2f7.60 62,93i X $1.801sf = $11a,27S.80 Totat for both = �236,5�3.40 Please forward your check in the amo�t of �236,�43.40, made paya6le tc� NORTHI.AND LAND COMPAI�i.', to my attenticrn. 0 0 It is my understatiding that Please call, me if you have Very tn�y yours, Geor�e �. Burkards �: ti will place this item c�n next week's agenda.. questions. U1vt�r�u FRt�pE�zrt�s <y EASEMENT AGREE�►�NT THLS AGREE11�iFNT, made this day af , 1996, by and between NORTSI.AND LAND CONII'ANY, a Mannesota corparation, partq of the first part, and the CITY UF MENDOTA $EIGHTS, a municipal corporat�on (hereinafter called the "City"). _ WITNESSETH: That the party of the first part, in considerat�on af ONE DOLLAR AND OT�R GOOD AND VALUABi�E CONSIDERATIpN to it in hand paid by the City, the re.cci.pt of which is h�reby acl�owiedged, does hereby � grant, quitclaim and convey unta the City, its successars and assigns, the followi4g: � A pe�auent diainage and utility easement for storm water parposes includi.ng the right af ingress arbd egress to and from contiguous publi� ways for the City aad its agents, seivants and contracto�rs, for the constxuction, maintenance and reconstruction of Ciry utilities over, under and across the parcels or tracts of land lying and being in Dakata Couniy, Minnesota, more particularly described as follows (the "Ease�ent Areas"): ' . • • :t The West 3I.65 feet of the South i.44.51 feet of Lot 1, Block 1, Soutiiri.dge Business Center 2nd Addition, Dakota Coanty, Minnesota, containi.ng 4,574 squa.re feat; togeiher wittt � That portioa of Lot 2, Block 1, Southrid�e Business Center 2nd Addition, Dakota County, Mi.na�esota, lying south of a li.ne 177.00 feet north and parallel with the most southerly line of said Lot 2, coatai.ning 61,958 square feet; together witti Tb;e aest 60,00 feet of the north 32.49 feet of I.ot 3, Block 1, Southridge Business Center 2nd Addition, Dakota County, Minnesota, containing 1,950 squax� feet. �A�tCII. 2: That part of Lot 6, Block 1, Mendota Hcights Industrial Park, according to the r+ecord�d pl�t thereof, Dakota County, Minnesota, described as follows: , Begi�ning at the soathwest property corner of said lot; thence North 89 degr�ees, 50 miiwtes, 27 saconds East, a distance of 355 feet along the south propezty line of said lot; thence North 0 degr�es, 17 minutes, ! 3 sec;onds West, a distance of 15.00 feet; thence North SS degrees, 54 minutes, 45 seconds West, a distance of 26.65 feet; thence North 0 degrees, 17 minuces, I3 seconds West a distance of 60.00 feet; thence North 59 degrees, 50 minutes, 27 scconds West, a distance of 386.27 feet; thence South 0 degrees, 17 minutes, 13 seconds East, a distancc of 285 feet along thc west property lino of said lot, to the point of beginning. Said Easement Area located in Section 34, Townshi�a 28 North, Range 23 West, Daicota County, Minnesota, cnnraining 62,931 square feet. The Crty, by accepting this Agreement, agr�s to maintain the utilities and other improvertien[s it or its agents, servants or contractors install or make within the Easement Ar�eas. IN �S WHEREOF, the said parties of the fust part have caused this Agreement to be executed as of thc date and year first above written. NORTHI.AND LAND COMPANY / / � �� '`� . � �j- . , � �r ; :� / � �_%/ � ! •�� / 'L.aI✓�-- �� - - w STATE OF riIINNF.SOTA ) } s.s. CDUNTY QF f[&NNEPIN ) The for+�going instn�ment was aclrnowledged before me t��is i99b, by ��.,�.(<--4-.: ��=-�-c�-• -- , and COMP�LriY, a Minnesota coxporation, on behaif of said coiporation. r� � :.�.��' � �� ti � the NORTHLAND LAND : s ,, � AAOY{� E. FiAN30W ! � � �` -�-%� � , t�ow�r �ue��c�ut�saz� lvotary Public � NENNEPIN CCkJNTY u� comm�s�o� �z�,:�s aa,, st, 2��a y My Commission Expi�es //�� !..� �Q Y ��' .�5 . �!/ i �� :� �li': �. . �� ].S lIIStTllIIIBDt W3S di'd{tP� f}j►: MAUN & SIMON, PLC (LBG) 200Q Midwest Plaza 8uilding West 801 Nco�let Mall Minneapo�is, Minnesota 55442 6121904-7413 8/09/96,CSG.SQ905 �k CITY OF MENDOTA HEIGHTS � ME1�20 I August 16, 1996 To: Mayor and City Council - From: Kevin Batchelder, City Ad ' s tor Subject: Consider Resolution No. 96-_, A RESOLLTTION TO 70IN THE SUBURBAN RATE AUTHORITY DISCUSSION � The Suburban Rate Authority (SRA) is asking the City of Mendota Heights to join their organization for the purpose of supporting the League of Minnesota Cities (I.MC) in their efforts on the rights-of-way issues. The SRA is offering memberslup to those cities who have contributed to the LMC's requested special assessment. The SRA's offer of inembership waives their annual assessment and would be through the period of 7une 30, 1997 without any continuing obligation. (Please see attached letter from Mr. Fred Hanus, Chair of the SRA Executive Committee. ) ; Mendota Heights contributed $500 to the LMC at the Council meeting on August 6, 1996. The SRA apparently feels that having more cities as "members" bolsters their ability to have influence on the upcoming rights-of-way debates at the Legislature and in their efforts with the Public Utilities Commission. As proposed by the SRA, our membership would have no cost, or continuing obligation of any kind. The membership would be good through 7une 30, 1997. ACTION REOUIRED � If City Council so desires, they should pass a motion to approve Resolution No. 96-_, A RESOLUTION AUTHORIZIIVG PARTICIPATION IN THB SUBURBAN RATE AUTHORITY; AND DESIGNATING A REPRE5ENTATIVE OF THE CTTY AS ITS MII�2BER ON THE BOARD OF THE SUBURBAN RATE AUTFIORITY. SUBURBAN RAT E AUTHORITY August 9, 1996 MEMBERS Kevin Batchelder • BLOOMINGTON Administrator BROOKLYN PARK City of Mendota Heights BURNSVILLE 1101 Victoria Curve CIRCLE PINES Mendota Hei hts MN 55118-4167 COLUMBIA HEIGHTS g � DEEPHAVEN EDEN PRAIRIE RE : Suburban Ra te Au thori t Membershi EDINA �' P FRIDLEY GREENWOOD Dear Mr. Batchelder: HASTINGS HOPKINS AUG 21 1996 , , ' ��; re•�mor.monerbao•� �il! ! . y+. ;` �iUG 12 1996 f=� ; u��uV �.�� ..•wM��o�rr��e�� .. LAUDERDALE As you may know, the Suburban Rate Authority (SR.A) is a joint LONGLAKE owers or anization consistin of 33 Twin Cities suburban MAPLE PLAIN P g g MAPLEWOOD cities. For over twenty years the SRA has been a voice for MINNETONKA suburban overnments, residents and businesses before the MINNESTRISTA g NEW BRIGHTON Minnesota Public Utilities Commission (PUC) . In the big NORTH ST. PAUL dollar world of ratemaking, it is fair to say that SR.A ORONO oSSEo successes have saved suburban ratepayers literally millions of PLYMOUTH dollars in electric, gas and telephone rates over this period. ROBBINSDALE ROSEVILLE SAVAGE We are entering an era of unprecedented change in the ST. LOUIS PARK re ulation _ of utilit services, articularl in SHAKOPEE g Y P Y SHOREVIEW telecommunications and electricity. Every city must be SPRING PARK vigilant in protecting its authority over the rights-of-way WAY7ATA WEST ST. PAUL and the health, safety and welfare of its residents . In WOODBURY utility matters before the PUC and in the legislature it is very difficult for cities to "go it alone". In turn, the SR.A needs each of its members to speak with a voice that will be heard by the PUC and the utility companies. The SRA would like to offer your city membership in the SRA throuah June 30, 1997 for no annual assessment or continuing obligation of any kind. Upon your city's payment to the League of Cities of the requested special assessment for the upcoming legislative debate over right-of-way authority, the SRA will accept your associate membership upon receipt of a city council resolution (enclosed). At that time we can discuss the Joint and Cooperative Agreement that sets forth the terms of inembership. The SRA supports the League in its efforts to ensure city protection of rights-of-way and makes this offer with the knowledge and endorsement of the League. The SR.A is a separate organization, distinct from the League or ANIM. The SRA was formed as a regulatory body itself prior to 1975, and has been an active intervenor in electric, gas and telecommunication matters since 1975. 470 PILLSBURY CENTER • MINNEAPOLIS, MINNESOTA 55402 •(612) 337-9300 , , � ; August 9, 1996 Page 2 , � Enclosed are the fol3.owing material� that should in.form and assist you lar� evalua�.ing this invitatian: 1. History and Purpose af the SRA �. Review of 1994, 1995 and 1996 SRA Accomplishments 3. Proposed Resalution Authorizing Membership 4. Membership Lis�. and Assessment Structure An SRA delegate from a neighbaring city wcauld be happy ta appear before the city council ta answer any questions it may have. If you have questions please call Jim Strommen, legal counsel to the SRA, at 337-9233, or you ma�r send an e-mail message ta "attys@kennedy-graven.com". � Thank yau very much for your con�icleration. Very truly yours, I�/ _�� Fred Hanus City of Minne�onka Delegate Chair, SRA Executive :ckr cc: SRA Executive Committee James M. S�rommen, Esq., Kennedy & Graven i zo�ssa SU160-3 Atlorne�s at I.aw R06ERT A. ALSOP BRUCE M.BATTERSON RONALD H. BATTY SI'EPHFN J. BUBUL JOHN B. DEAN DANIEL J• GREENSWEIG DAVIDJ. KENNEDY CHARLES L. L£F�VERE JOHh M. LEFEVRE, JR. ROBERT J• LINDALL ROBERT C. LONG IAbtES M. SfROM!1�N CORRINE H. THOMSON KENNEDY & GRAVEN CHARTERED 470 Pllisbury Center, Mfnneapolls, Minnesota 55402 (612) 337-9300 Facsimlle (612) 337-9310 R'RITER'S DIRECT DIAL (i1Z) 317-9233 SIIBIIRBAN R.ATE AIITHORITY INTRODIICTION JAMFS J. 77iOMSON LARRY M. WERTHEIM BONNIE L WQ,KINS JoE Y. YANs DAviD L. GRAVEN (t929-1991) OF COliHSEL ROBERT C. CARLSON ROBERT L. DAVmSON WELLINGTON Ii. LAW FLOYD B. OLSON CURTIS A. PEARSON T. JAY SALhtEH This summary is intended to describe the histoiy, purposes and accomplishments of the Suburban Rate Authority ("SRA"). The SRA is a joint,powers organization consisting of 33 suburban cities (list of cities attached) that actively intervenes in matters affecting gas, electric, and telephone rates charged to suburban residents and businesses. The material below attempts to demonstrate the tangible savings achieved by the SRA. Though actual dollar savings.are often difficult to calculate, the SRA has saved residents and businesses of Twin City suburban communities millions of dollars over the last 20 years. A conservative calculation reflects a$200,000 per SRA member vote savings since 1975. HISTORY AND PIIRPOSES The SRA was organized in 1963, for the purpose of providing collective strength in negotiating franchises with the Minneapolis Gas Company, which served the original SRA members. In 1974, the legislature adopted the Public Utilities Act to provide for state regulation of gas and electric utilities, except for cooperative electric associations and municipal utilities. SRA assisted the state in setting up regulation and intervened in the early gas and electric cases with the hope of providing leadership and direction in utility regulation. Since that time, it has been active in matters concerning gas, electric and telephone rate regulation and in legislation concerning the Public Utilities Commission ("PUC"). JMS105177 SU160-3 RECENT INVOLVEMENT 1996 Model Wireless Communication Lease Acrreement. The SR.A provided primary drafting contributions to a League of Minnesota Cities Model Site Lease Agreement for PCSlcellular communication antennas. This Model has been_distributed to Minnesota cities for use in negotiation on site lease agreements.� 1996 US West RiQht-of-Wav Challenqe. A significant legal challenge to municipal authority over rights-of-way was brought by US West to the' PUC and the district court. The SRA took an active position in support of the League and the other cities involved directly in the challenge. This issue will be the subject of legislation in the 1997 Minnesota legislative session. � � 1996 Minneaasco Case. The SRA and the Department Public Service successfully argued against a$1 million annual acquisition adjustment (23 years of recovezy requested) Minnegasco sought to reco��er from ratepayers for its acquisition of Midwest Gas . In addition, the SRA criticized the allocation of Minnegasco to residential customers and the Commission ultimately denied Minnegasco's proposed change, saving residential customers money. The residential basic service charge also remained at the same level ($5 per month) as supported by the SRA. 1995 Updated Model Gas and Electric Utilitv Franchises. The SRA and the League drafted model utility franchise ordinances. The increasing deregulation in both the electric and gas utility industries necessitated revisions to the previous model franchise ordinances approved by the SRA. 1995 Minneqasco Fixed Residential Customer Charqe. The PUC denied Minnegasco's request for an increase in the residential customer f ixed monthly gas charge f rom $ 5 to $ 6 per month . The SRA was the sole party to argue that Minnegasco must make a greater showing to justify requested and intended increases in the fixed, non-usage based monthly charge. The requested increase was'made without a showing that statutorily required conservation'policies would not be inhibited. I 1995 Model Telecommunications Permit Ordinance. The SRA prepared and shared its Model Telecommunications Permit Ordinance with the League of Minnesota Cities. In collaboration, the SRA and the League distributed the ordinance to all Minnesota cities. The purpose'of the ordinance is to provide orderly police power regulations over telecommunications companies in the city. This ordinance will be reviewed in light of the 1996 Telecommunications Act and legal developments resulting from it. 1993 Minneqasco and NSP Rate Cases-FAS 106. The SR.A played a substantial role in one of the major issues to be raised ,n�siosi�� 2 SU160-3 i before the Minnesota PUC in several years--FAS 106. A post retirement medical health care benefits "transition obligation" was sought by Minnegasco and NSP as a result of the accounting standard known as FAS 106 which required a change from cash basis to accrual accounting for such _benefits. This change involves millions of dollars (Minnegasco $24 million; NSP $160 million) to be borne currently either by the util�ty shareholders or utility ratepayers. The PUC originally voted in May 1993 to disallow one-half of Minnegasco's transition obligation, but ultimately reversed its decision and allowed those expenses. These expenses will be spread out over a twenty year period in rates. This issue is an example of the millions of dollars at stake in utility rates the SRA fights to limit for ratepayers. 1992 US West Telephone Rate Savinqs. As of November 1, 1992, residential and business telephone rates for US West Twin City local calling area became equal by class of service throughout the metropolitan area. This PUC action eliminated the tiered telephone rates that was in existence since 1980. The US West Tier System charged higher rates for residential and business customers living in the suburban areas. In 1984 the SRA achieved a reduction of one half of the tier ratios. This elimination of the Tier System is a direct result of SRA's intervention and arguments against differentiating telephone rates by geographic location. 1992 Municipal Pumpinct Rate Savincrs. Together with the City of St. Paul and the Municipal Pump.ers Association, SRA efforts have consistently maintained pumpinQ class rates at 2-3� below qeneral service class and have continued the municipal pumping exemption from the eleven-month demand ratchet rate imposed on commercial-industrial users. The SR.A's expert consultant has estimated that avoiding the eleven-month demand ratchet charge alone saves 7.5-10� in annual municipal pumping charges paid to NSP. 1991 NSP General Rate Filina. The SRA actively intervened in this NSP filing, wherein the PUC rejected NSP's $120,000,000 rate increase request. The SRA focused on the municipal pumpers' rate and street lighting. The SRA is traditionally the only intervenor seeking reduced increases in the municipal pumping rate and has seen consistent success in that effort. 1990 US West Incentive ReQulation Plan. We actively intervened in the case involving US West's request to be partially deregulated in its local service to residential and business customers. The final order established stable rates for Twin City local telephone customers of US West through August of 1994. US West will share 50� of its revenues above a 13.5� return on equity. JMS105177 SU160-3 3 E 1987 Northwestern Bell Extended Area Service Docket. The SRA made significant progress in demonstrating cost in equities in the Twin City Metropolitan Area Northwestern Bell service area. SRA participation in this case helped lay the ground work for the order ab�andoning the Tier System. � 1986 Redeliberation on Northwestern Bell Cases. The 5RA obtained very substantial reductions in the Tier System ratios. These - changes resulted in very significant savings in telephone rates for most SRA business and residential users prior to the elimination of this rate design in 1992. 1985 Rate Structure Task Force. The SRA was active in the formulation of funding proposals for the Combined Sewer Overflow ("CSO") projects in the Cities of Minneapolis, St. Paul and South St. Paul. SRA involvement may have limited the pass-through'of these costs to member communities. 1985 Northern States Power General Rate Case. The SRA "pioneered" an issue as to fossil fuel inventory. The SRA also helped maintain the municipal pumping rate, and defended prior SRA accomplishments as to accounting practices. Vezy substantial savings were'realized through SR.A intervention. This case was appealed to the Court of Appeals and the State Supreme Court and the SRA'(alone) participated with MPUC in successfully defending MPUC's action. ESTIMATED DOLLAR SAVINGS FROM SRA EFFORTS These are rough calculations made with the assistance of legal counsel and SRA expert consultants. In an effort to be able to contrast savings with assessments, the calculations are made on a per SR.A member vote basis (5,000 of population). They attempt to distinguish savings resulting primarily from SRA efforts and savings that likely would have resulted anyway due to positions taken by state agencies. 1975 NSP. SRA's retained expert estimated $18 to $20 per household. Using 3.4 persons per household, this would be approximately $26,500 per vote. The figure does not include business savings. 1977 NSP. There is no estimate of dollar savings in the file. The 1975 principles were defended successfully. It is thus reasonable to state that the $26,500 per vote continued from 1975 and onward. To be conservative, use five years of $132,000 per vote for NSP electric through 1980. 1982 Northwestern Bell. The SRA commenced its attack on the Tier System. In 1984, the SRA won a significant victory reducing by S0� the tier ratios imposed by Bell. Northwestern Bell has estimated a shift away from suburban communities of about $2 million to $3 million per year as a result of SRA JMS105177 SU160-3 4 intervention in the three Bell rate cases through the 1980's. Using $2 million per year and the assumption that SRA represents approximately half of the suburban businesses and households (this has not been calculated, it is just an estimate), the savings is about $6500 per vote per year. Over the seven years, since this change became effective, this is $45,500 per vote. 1985 NSP. Our consultant estimated savings due solely to SRA intervention at about $8 per household per year. Over the two years the rate was in effect, this is a savings of about $23,500 per vote. 1987 NSP. Estimated savings from the fuel issue is' $1, 600 per vote per year. Uniform Franchises. The gas and electric uniform franchises were negotiated in the 1980's at a cost of approximately $40 per vote. Attorney and staff costs for doing it individually might easily have been ten times that, a savings of $1260 per member or $3b0 per vote. 1992 NSP. As mentioned above, the savings per SRA member is about 2-3� per year for municipal pumping rates and 7.5-10� in avoiding ratchet demand. 1992 US West. The savings from elimination of the Tier System to tier 2 and 3 SRA residents and businesses is approximately $1 million per year and counting. 1996 Minneqasco. Collective savings to SRA residents from SRA efforts in the 1996 Minnegasco case is approximately $300,000 per year. Summary. A conservative estimate of dollar savinqs to SR.A members because of SRA activities, directly and indirectly, over the years since 1975 is well over $200,000 per vote and countinQ. A case could be made for multiples of this figure. �siosi�� SU160-3 �J Bloomington Brooklyn Park , Burnsville ', Circle Pines ; Columbia Heights' Deephaven ; Eden Prairie �, Edina ' Fridley � Greenwood ' Hastings , Hopkins �� Lauderdale , Long Lake Maple Plain � Maplewood � Minnetonka � JMS105177 SU160-3 SIIBURBAN RATE AIITHORITY MEMBER CITIES _ Minnetrista New Brighton North St. Paul Orono Osseo Plymouth Robbinsdale Roseville St. Louis Park Savage Shakopee ' Shoreview Spring Park Wayzata West St. Paul Woodbury i ' ; � � � . � i i . . � � r i i, The following is a brief summary intended for the city cauncils of Suburl�an Rate Authority ("SRA"} rnember cities. It highlights the major activities and achievements af the SRA during i994. The SRA •is a joint pawers association of 32 Twin Cides suburban municipalides that monitors rates and rate design issues of electric, gas, teiephone utilities and Metrapctlitan Council Wastewa#er Services. The $RA was very active and successful in several far-reaching issues affecting mennber city ratepayers and Minnesota cities generally. Telecommunications Le�islation In the fall of 1994, the SRA Board authorized counsel to participate in legislative issues affecting cides reiating to the altemative telephone regulation biii (Iocal service de-regulatian} then expected ta be offered in the 1995 legisla6ve session. The SRA assisted the lobbying efforts of the League of Minnesota Cities in two important issues relating to that tegislation: ciarifying and braadening the potice power of cities in the new compedtive environment far a local telephone service and addressing cities rights to compensadon far telecommunications utility use af pablic gragerty. As af the date of this report, those SRA supported issues have been incarporated into the bill which passed out of both the Senate and House Committees and is being debated in the legislature at the time of ihis Review. T'he Depamnent of Pnblic Service will l�e authorized by this bill to issue a comprehensive report by February 1S, 1996 recommending a unifarm state policy on franchise fees �or use oP public pmperty by utilities. Currently no telecommunications compariies to gay franchise fees ta Minnesota cities and the law is unclear regarding the rights of cities to require fees aver and above regulatory cost. The SRA advocated a clarification on this issue and actively assisted in� the inclusion of this study, in lieu of the right ta require franchise fees in the current bill. The SRA will be activeIy invalved in ths DPS study if this bill passes. Model Telecommunications Pernut Ordinance The SRA atsp drafted a model telecommunieations permit ordinance to establish unifo�n requirements regarding impt�rtant issues to cities in the new compedtive telecommunicarions environrnent: permit fees, location and relacatian requirements, repair requirements, performance bonds, Gopher State One information and other prc�visians. The tetephane deregulation bill Ianguage broadening city police pawer wautd further ensure the enforceability of these telecommunicarions perrnit ordinances. The Minnesata League of Cities has requested that the model permit ordinance be used as a basis for the League's modei ordinance for distribution to its members, Minne�asco 1994 Rate Case The SRA wan a significant victory for residential ratepayers served by Minnegasco in limiting increases in the fixed customer service charge Minnegasca sought. In 1993 Minnegasco won a 67% increase (from $3 to $5) in a fixed non-usage based customer charge for its residential custarners. Tfiis increase was augnented by the etimination af a credit for gas usage. In the i994 filing, Minnegasco saught again to inerease its $5 charge to $6, stating that it intended to continue these increases in subsequent rate filings. The SRA was the sole party to criticize this increase as cantrary to canservat�on gaais established by the legislatur� and otherwise wnsupparted by evidence in the record. The DPS supported the increase. The PUC agreed with the SRA and denied Minnegasco's increase, citing conservation concems and Iack of customer acceptance. This PUC decision has ramifications for both gas and electric utilities and places a greater burden on the utilities in future rate filings to justify an increase in non-usage based charges. JMS87296 SU160-3 -,. � � � • � � • � ` � . . � � 1 � � � � � The following is a brief summary intended for the city councils of Suburban Rate Authority {"SRA"} member CIhBS. It highiights fihe major activities and achievements of the SRA during 1995. The SRA is a joint powers association of 32 Twin Cities saburban municipalities that monitors rates and rate design issues aP etectric, gas and telecommunications utilities. 1995 and i99b have been extrernely ac6ve and successful years for the SRA. ' �. Model Telecommunications Permit Ordinance The SRA drafted a model telecommunications permit ordinance in conjunction with the League af Minnesota Cities to establish uniform requirements �garding important issues to cities in the new competitive telecommunications environrnent: permit pracedure and fees, locadon and relocation requirernents, repair requirements, performance bonds. indemnity and ather pmvisions. i`he recently-enacted Federal Telecommunications Act of 1996 includes important and debated language regarding cides' right to manage and z�ceive cc�mgensation for �use of the right of-way. The SRAJLeague Model Ordinance pre-dates the Act but establishes many of the vital protection cities need when telecommunicarions carriers seek to expand wittun ihe City and expressly� preserves rights to franchising or leasin�. ' Minne�asco 1995 Rate Case The SRA actively intervened on behalf of ratepayers in Minnegasco's 1995 petition for a$24.3 rnillion rate increase and a 1,7�o requested increase far residentiai customers. The SRA, thripugh its expert wiiness, Robert Towers of Chesapeake Regulatory Consultants, has challenged a$1 million annual claimed ratepayer expense resulting from Minnegasco's purchase of the Midwest Gas system. The SRA atso argues that Minnegasco exaggerates the revenue deficiency created by the residential customer class rates and has not shown a justification for an increase in the fixed monthly residential custamer charge. The ALJ adop(ed the SRA arguments challenging the $1 million Midwest Gas acquisition adjustment that, if accepteci by the PUC, will save SRA residents and busirtesses approximatetv $215,OOQ annualiv. The PUC will decide on the petition during the summer of 1996. Model Gas and Electric Franchise Ordinances Again in partnership with the League of Minnesota Cities, the SRA updaied iis unifarm gas and electric utility franchises to assist its member cities in negotiating new franchises. Of particular interest to cities in today's changing fiscal environment is the right to charge franchise fees. In addition, electric utilities are likely to be deregutated within the next decade. Terms and conditions of franchises become increasingly important to those utilities when-they perceive that franchise terms may affect competition. 'i Electric Industry Deregulation The SRA. intervened in a Iong-term investigation and review by the PUC of the electric utiiity industry. The PUC will be making a r�ecommendation regarding if and when electric service should be deregulated for retail customers. The SRA has oppased utitity campany suggestions shat emi�ent domain rights be equalized between cities and investor-awned utilities and that fianchise rights be diminished. The SRA will cantinue to manitor the pmceedings. Customer Service Task Force The 5RA was invited to participate on a task fprce far the PUC on custamer liability and service issues. The task force addressed issues on notice to customers, liability of innacent residenfi.ial customers for past unpaid debts of pdor customers living at the new �sidence and dispute resolution procedures. �sio33si SU160-3 �.. 1 1 � 1 i l � i i • y i� � f�, 4 Ta assist in the 1997 SRA Budget review pracess, the foilowing is information describing Ehe types of issues the SRA is currently addressing and those in which we believe the SRA will be involved to protect residential, business, and city govemment ratepayers of SRA members. Given the quantity of important issues, it is passible that the SRA will be required to focus only on two of thr�e of these issues to stay within its budget constraints. These matters are in addidon to the General budget item that usually carries the largest comgonent of any SRA annual budget. The General categary includes quarterly meetings, member and non- member communications and on-going identification of new issues that may arise. 1. CITY RIGHTS-(JF-WAY CQNTROL AND TELECOMMUNICATIONS CARRIERS. On February 23, 1996, LTS West fiIed a petidon with the PUG requesting an order limiting city rights ta contral the rights-of way. This petition seeks broad PUC authority and limits on cities. The SRA has intervened and will be working closely with the League of Ciries and ather interested public badies to protect city authority to controi and receive compensation for utitity use of the public right-of-way. This issue wiil Iikely came before the 19�7 legislature for comprehensive review and possible new law. The SRA and a11 Minnesota cities shauid regard this matter as vitally important. 2. MINNEGASCO GAS RATE INCREASES. The SRA has been successful in the administrative hearing portian of the 1995 Minnegasco rate increase petition advaca�ng no recavery from ratepayers for Minnegasca"s acquisitian premium for the Midwest Gas assets. Minnegasco has been very aggressive in the 1990s in seeking rate increases and the SRA is one of the few non-state agency parties to vigarously contest several af the more signi�cant recovery requests. The SRA wiil condnue to seek the lowest passible rates for SRA residents and businesses. 3. CTTY WATER TOWER LEASES FOR WIRELESS COMMUNICATIONS. The Telecomrnunieatians Act of 1996 has spawned numemus applicatians for wireless communication antennae on city water tower sites. The SRA has been very active in coordinating a League of Cities sponsored work group to establish a model site lease agreement for use by cities. Each lease will be influenced by the many mazket considerations such as tease payments, termination rights, interference issues and other matters. This gmup effort will greatly assist cities in their negotiations with cellular, PCS and other wireless communica- tions applicants. 4. ELEG"TRIC INDUSTRY DEREGULATION. The PUC is conducting an angoing investigation into the deregulatian of the electric utiiity industry. At issue for retail ratepayers will be the opporiunities and burdens that will result when customers are able to purchase pawer from providers other than the franchised-pravider in tiie service area. Cities also wi11 be affected greatly as Iarge customers with sigmificant purchasing clout and as being farced to deal with potential negative consequences if certain reszdentiat customers are unable to benefit from de-regulation. JMS103351 SU160-3 SUBURBAN RATE AUTHORITY ASSESSMENT STRUCTURE AA7DFCIAL CI'FY VOTES` ASSESSMENT Bloomington � Z8 7200.Q4 Brooklyn Par1c � 12 . 4800.00 Burnsville 11 4400.00 Circle Pines ' 2 400.04 Columbia Heights 4 1600.00 Deephaven 1 400.Op Eden Prairie 8 3240.40 Edina i 10 4000.00 Fridley 6 2400.00 Greenwoocl i 1 400.04 HasGings � 4 1600.00 � Fiapkins • 4 1600.00 Lauderdale ' 1 4pQ.Qp Long Lake 1 400.00 Maple Plain 1 4p0,Op Maplewoacl 7 2800.00 Minnetonka 10 4000.00 Minnetrista 1 400.44 New Brighton ' S 2000.00 North St. Paul � 3 120p.00 arono a aoo.ao osseo � i 4oa.aa Plymouth 11 4400.00 Robbinsda2e ' 3 1200.00 Roseville ' 7 2800.00 Savage � 2 800.00 Shakopes 3 1200.00 Shoreview 5 2000.00 Spring Park � 1 400.00 St. Louis Park . 9 3b00.00 Wayzata � 1 404.00 West St. Paul � 4 1600.00 Waodbury 5 2000.00 ' 163 65200.Q0 population, 1990 census one vote per 5,000 in population, or fraction thereof � J City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 96- RESOLUTION AUTHORIZING PARTICIPATION IN THE SUBUItBAN RATE AUTHORITY; AND DESIGNATING A REPRESENTATIVE OF THE CITY AS ITS.IV��ER ON THE BOARD OF TSE SUBURBAN RATE AUTHORITY WHEREAS, the City of Mendota Heights is authorized by Minnesota Statutes, Section 471.59 to enter into joint and cooperative agreements with other governmental units; and WHEREAS, the Suburban Rate Authority has been effective voice for suburban Metropolitaa Area cities and residents, as a regulatory body from 1962 through 1974 and as an intervenor in gas, electric and telecommunications matters from 1975 to the present; and W�REAS, the City Council has determined it is in that the City's best interests to caoperative with other municipalities in the monitoring of utility services in the Metropolitan Area by participating in the Suburban Rate Authority; and WHF•REAS, the SRA has offered an associate membership to the City through 7une 30, 1997, with a waiver of the assessment of $400.00 per year per 5,000 in population, or fiaction thereof; and � WHEREAS, there are numerous unportant issues facing cities in gas, electric and telecommunications matters that require joint aad caoperative efforts by and among cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of Mendota. Heights Minnesota as follows; j 1. The City of Mendota Heights will become an associate member of the SRA in accordance with the terms of the SRA offer of August 9, 1996. The Manager and Mayor are authorized and directed to execute and deliver the documents and certificates necessary to effect associate membership in the 5RA. � 2. The manager/administrator is authorized and directed to contact the SRA regarding the City's decision to become an associate member as offered and to obtain the details of associate membership. 3. Mayor Mertensotto is designated as the City's fust director on the Board of Directors of the Suburban Rate Authority and Kevin Batchelder, City Admi.nistrator is designated as the alternate. 4. The City Clerk is directed to prepare a certified copy of this resolution for filing and mailing to the Suburban Rate Authority. Passed and adopted this 20th day of August, 1996. CITY COUNCII. CITY OF NIENDOTA HEIGHTS By Charles E. Mertensotto ATTPST: Kathleen M. Swanson, City Clerk � FROM: CITY OF MENDOTA HEIGHTS MEMO I August 13, 1996 Mayor, City Council, City Admim�stY�or Kathleen M. Swanson �� .S City Clerk � ') SUBJECT: Adjournment to Budget Workshop INFORMATION City Council has scheduled a budget workshop for 7:00 p.m. on Wednesda.y, August 21. The action to schedule the workshop was by motion, so no fiuther motion is required For additional public notice, however, Council should formally adjourn the August 20 meeting to • 7:00 p.m. on August 21. ' � ACTION REOUIRED ' At the close of the August 20 meeting, Council should pass a motion to adjourn the meeting to August 21 at 7:00 p.m. for the purpose of conducting a budget workshop. � Application Tracking Sheet Planning Case No. Applicant Letter of Intent Site Plan �levations Landsca e Plan Other Date Desc. Date Desc. Date Desc. Date Desc. Date Desc. 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