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1997-02-04REV/SED AGENDA (BLUE PAPERJ CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CITY COUNCIL AGENDA FEBRUARY 4, 1997- 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of January 7 and 21 Minutes a. Acknowledgment of the Building Activity Report for January. rb; Acknowledgment of the January 14 Parks and Recreation r f Commission Minutes. � �`t ���� Acknowledgment of the January 14 Joint City Council/Parks and Recreation Commission Workshop Minutes. d. Acknowledgment of the January 28 Planning Commission Minutes. e. Acknowledge Receipt of the January 9 Unapproved NDC4 Executive Committee Meeting Minutes. f. Approval of List of Claims. g. Approval of the List of Contractors. �� � �� -� •��. . � �i�i�•� � � �-� �� �. �' a. Case No. 97-01: Burow - Variance - RESOLUTION NO. 97-06 * b. Discuss Paster Enterprises - Excess Right-of-Way Acquisition. c. Case No. 96-26: Beckmann - Variance d. Discuss Course of Action for Hiring a Consultant to Assist the City in Updating the Comprehensive Plan and MNRRA Grant Tasks. e. Schedule Joint Council/Planning Commission Workshop for the Purposes of Drafting a Cellular/PCS Ordinance. f. Consider the Subscription to MAMA-LMC Labor Relations Services for 1997 and Provide Direction Regarding Participation in the MAMA-LMC Program. � � � •����•� 9. Adjourn 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 MEMO February 4, 1997 TO: Mayor and City Council FROM: Kevin Batchelder, City Administrator SUBJECT: Add On Agenda for February 4 City Council Meeting One item has been added to the Unfinished and New Business section of the agenda (�). Due to the expected /ength of discussion regarding Case No. 96-26.• Beckmann - Variance, the Unfinished and New Business section has been renumbered. P/ease see be%w. � �•��. � �•� �� It is recommended that Council adopt the revised agenda printed on blue paper. � � ' � � , TFT7 •.FTiT«t� No new information has been submitted. Please consider this item first under the Unfinished and New Business section of the agenda. 7b. piscuss paster Enter rn ises = Excess Right-of�Wav Ac�uisition Please see the attached memo from Public Works Director Jim Danielson. 7c. Case � 96_26: Beckmann = Variance No new information has been submitted. Please consider this item third under the Unfinished and New Business section of the agenda. KLB:kkb ' CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA CITY COUNCIL AGENDA FEBRUARY 4, 1997- 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of January 7 and 21 Minutes .� •, -�.. a. Acknowledgment of the Building Activity Report for January. b. Acknowledgment of the January 14 Parks and Recreation Commission Minutes. c. Acknowledgment of the January 14 Joint City Council/Parks and Recreation Commission Workshop Minutes. d. Acknowledgment of the January 28 Planning Commission Minutes. e. Acknowledge Receipt of the January 9 Unapproved NDC4 Executive Committee Meeting Minutes. f. Approval of List of Claims. g. Approval of the List of Contractors. �� . .� -, -��. • � �uu'i i i t-� .t� ►-. _ i- a. Case No. 96-26: Beckmann - Variance b. Case No. 97-01: Burow - Variance - RESOLUTION NO. 97-06 c. Discuss Course of Action for Hiring a Consultant to Assist the City in Updating the Comprehensive Plan and MNRRA Grant Tasks. e. Schedule Joint Council/Planning Commission Workshop for the Purposes of Drafting a Cellular/PCS Ordinance. f. Consider the Subscription to MAMA-LMC Labor Relations Services for 1997 and Provide Direction Regarding Participation in the MAMA-LMC Program. ��Z:ni'iT•�i[ � u �� - � 9. Adjourn 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. Page No. 1 January 7, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 7, 1997 Pursuant to due call and notice thereof, the regulaz meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Koch, Krebsbach and Huber and Smith. OATH OF OFFICE City Clerk Kathleen Swanson administered the Oath of Office to Mayor Mertensotto and Councilmembers Huber and Krebsbach. AGENDA ADOPTION Councilmember Koch moved adoption of the revised agenda for the meeting. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 APPROVAL OF MINUTES Councilmember Smith moved approval of the amended minutes of the December 3, 1996 meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved approval of the minutes of the December 4, 1996 adjourned meeting as amended. Councilmember seconded the motion. Ayes: 5 Nays: 0 Councilmember Smith moved approval of the amended minutes of the December 11, 1996 adjourned meeting.. Councilmember Koch seconded the motion. Ayes: 3 Nays: 0 Abstain: 2 Huber, Krebsbach Councilmember Krebsbach moved approval of the amended minutes of the December 17, 1996 regular meeting.. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Mertensotto Page No. 2 �' January 7, 1997 CONSENT CALENDAR Councilmember Krebsbach moved approval of the consent calendar for the meeting, revised to move item 6i., donation from Lloyds Meats, to the regulaz agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the December 11, 1996 Airport Relations Commission minutes. b. Acknowledgment of the Building Activity Report for December, 1996. c. Adoption of Resolution No. 97-01, "RESOLUTION ESTABLISHING 1997 CITY DEPOSITORIES OF FUNDS." d. Adoption of Resolution No. 97-02, "RESOLUTION ACCEPTING PLEDGED SECURITIES FOR 1996." e. Acknowledgment of a memo from Code Enforcement Officer Gill and authorization for the issuance of a sign permit to allow installation of a wall mounted sign on the Gopher One Call building, located at 2020 Centre Pointe Boulevard in accordance with its application and plan.. f. Adoption of Resolution No. 97-03, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR FRIENDLY HILLS STREET REHABILITATION (IMPROVEMENT NO. 95, PROJECT NO. 6)." g. Acknowledgment of a memo from the City Clerk regarding the status of copier acquisition. h. Approval of the permanent appointment of Scott Patrick at a Mendota Heights police officer, retroactive to November 25, 1996, at a salary rate commensurate with the current labor agreement including educational incentive pay of 5% per year. i. Acknowledgment of receipt of the adopted 1997 budget. Acknowledgment of the following communications regarding Case No. 96-26, Beckmann: letter from Mr. John Bellows regarding city retention of an expert to analyze radio frequency interference; letter from Mr. Beckmann regarding transmission of technical data on communications effectiveness; and letter from Owl Engineering regarding a, Page No. 3 - January 7, 1997 communications effectiveness of an antenna boom height of 16 feet.. k. Approval of the List of Claims dated January 7, 1997 and totaling $323,510.60. 1. Approval of the list of contractor licenses dated January 7, 1997 and attached hereto. m. Authorization to subscribe to the "Airport Noise Report" for one year, at a cost of $495, funding to be from the Air Noise Consultant line item in the Planning Budget. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 ACTING MAYOR Mayor Mertensotto moved to appoint Councilmember Smith to serve as Acting Mayor for 1997. Councilmember Krebsbach seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Smith OFFICIAL NEWSPAPER Council acknowledged a memo from the City Clerk regarding appointment of an Official Newspaper for 1997. Councilmember Koch moved to designate the Southwest Review as the City's Official Newspaper for 1997. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 DONATION Council acknowledged a memo from Fire Chief Maczko regarding receipt of a$500 donation from Lloyds Food Products in appreciation for Fire Department response to a recent chemical emergency. In his memo, Chief Maczko informed Council that the donation has been deposited in the Relief Association Dance Fund as has been department practice. Mayor Mertensotto stated that accepted public audit standards and IRS rules stipulate that all public bodies must acknowledge gifts to that public agency. He further stated that all donations or gifts to the city that are acknowledged by Council should go to the city fund for the deparhnent to which it is donated, unless the donor dedicates the gift to a special purpose. He pointed out that the Fire Department is Ayes: 5 Nays: 0 Page No. 4 `' January 7, 1997 asking that the money go to the relief association, but the donation is to the fire deparhnent, which is funded by the city's taxpayers. He stated that unless the intent of the donor is that it be dedicated to the relief association, it should go into the general fund. He pointed out that the dance fund can be used for any purpose, and when the fire- fighters sell dance tickets, the tickets state that the money goes to the Relief Association. He stated that if Council accepts the donation on behalf of the city, it should be allocated to the fire department general fund budget and used for a specific purchase. He further stated that at this time, a letter of appreciation should be sent to Lloyd's, and at such time as the fire department purchases something with the $500, the department should acknowledge to Lloyd's what the money was used for. He felt that the city will be faced with a growing number of donations in the future, and stated that a policy must be established. He stated that if money is given to a city department, it should go into the city's budget for the department and dedicated to be used for something the department would like that is not necessarily budgeted. Councilmember Huber stated that he agrees with the Mayor's recommendation, since firefighters receive compensation for fire responses and it would not be possible to use the donation to reimburse those who attended the emergency for lost wages, as had been requested in the letter from Lloyd's. Treasurer Shaughnessy informed Council that the city has received several donations to the Police Department over the years and those donations have always gone into a special city fund. He explained that at all times, the funds stay with the city until they are expended for a special police department purpose. Councilmember Huber moved to accept and acknowledge the very generous gift from Lloyd's Foods, and to direct staff to express appreciation to Lloyd's and inform them that the donation will be placed in the 1997 Fire Department budget for the purchase of an unbudgeted item. Councilmember Smith seconded the motion. Mayor Mertensotto stated that with adoption of the motion, all city departments will now know that it is city policy that all donations will be placed into the city's budget for the department that received them for the purpose of purchasing unbudgeted items. �J Page No. 5 January 7, 1997 COMMLTNICATIONS Council acknowledged a memo from Administrative Assistant SITE ON WHEELS Hollister regarding a request from Cellular Realty Advisors (CRA), representing the PCS service delivery firm American Portable Telecom (APT) to allow a retractable cellular antenna mounted on a truck, known as a Communications Site on Wheels (COV�, to be temporarily placed within the city. Council also acknowledged a letter from CR.A along with drawings of the proposed COW. Mr. John Barstow, from APT, and Mr. David Huihui, from CRA, were present for the discussion. Mr. Barstow reviewed the request, saying that the city has adopted a moratorium but APT has been before Council in the past looking for cell tower sites. He stated that APT is a PCS developer which would like to cover Mendota Heights, both for its residents and those traveling through the city. APT would like to set up a temporary site using a COW - a trailer that holds the radio equipment and an 84 foot tower - that would be set up at the southwest comer of the NSP tank farm. Mayor Mertensotto stated that approving the request would set a precedent and APT's competitors would make similar requests even though Council has placed a moratorium on new communications antennae and apparatus applications has been established to allow the city to develop an ordinance. He pointed out that cellular communication providers might say that if the Council does not want permanent structures, the providers will go with temporary units like what is proposed. It was his opinion that the COWs are covered under the moratorium, and are not a way to get around the moratorium. He stated that the moratorium should include all types of antennae and towers, and he recommended that Council not approve portable antennae on the basis that approval would set precedent. Councilmembers Huber and Smith agreed. Councilmember Smith stated that one of the important items in considering an ordinance is determining what is an appropriate area for towers to be located. Councilmember Krebsbach stated that Council needs to take a look at the balance of demands of the city's residents and those traveling the freeway corridors. She stated that she might be inclined to view the proposal as an acceptable alternative on an interim basis and that she does not want to take action this evening. Page No. 6 �' January 7, 1997 Mayor Mertensotto responded that Council while communications on wheels might well be the solution to location of antennae, Council will be meeting with the Planning Commission soon in a workshop to begin discussion on drafting an ordinance. Mr. Barstow stated that APT is trying to provide a service, and his concerns is that he has been approaching the city on and off for almost a year and is now faced with a one year moratorium. He further stated that he would like to serve the community at some point in time and would like to know when that will be. Mayor Mertensotto stated that there should be no loopholes or exceptions to the moratorium. He pointed out that since there is no formal application before Council, so Council does not need to pass a motion to deny the request. ZIGGY'S Council acknowledged a memo from Public Works Director Danielson regarding a request from Mr. Larry Mack for approval to grant an exception to the building code to allow him to expand Ziggy's seating space and operate for up to six months with fewer than the required number of restroom facilities. Council also acknowledged letters from Mr. Mack and Mr. Ed Paster. Mr. Mack and Mr. John Streeter, from Paster Enterprises, were present for the discussion. Mayor Mertensotto asked Mr. Mack if he has filed a revised master plan to the city which covers the entire project. Mr. Mack responded that he provided city staff with a revised plan which covers his projected changes to update the existing rest rooms and add the toilets and sinks that the building code requires. He stated that he does not have time to prepare a complete master plan, but the six months would allow him to move forward and redesign the store and look at how he should set up the facilities. He explained that by the end of June, 1997, he has to give Paster Enterprises a firm commitment on whether he will take all of the available space, but right now the temporary expansion takes only about one-third of the space next door. By the end of June, he must give Paster a master plan, (which will include a bakery), a financing plan and a completion date. Mayor Mertensotto informed Mr. Mack that Council must have a plan so that the Code Enforcement Officer knows what Mr. Mack will be required to do in order to expand. If the improvements shown on the plan are not completed by the time-frame required by Council, Council will give notice to Mr. Mack that the Code . Page No. 7 January 7, 1997 Enforcement Officer will revoke the occupancy permit unless the improvements are completed. Mr. Mack responded that he is willing to do that and to put in the bathrooms before June 30. He stated that this will be the maximum seating space, as he cannot expand any more in the center. Councilmember Krebsbach stated that Mr. Mack is asking for a trial period for the restaurant expansion. She asked what will happen if Mr. Mack does not meet the code requirements. Mr. Mack responded that if he does not agree to permanently take all of the expansion area by the end of June, he will give up that space and go back to the existing space. He informed Council that the space became available and it is too soon for him to do everything. He stated that Mr. Paster is willing to agree to a sublease now and in order for him to take the partial space he must get city approval. Mayor Mertensotto responded that Council can give Mr. Mack time limits within which to accomplish code compliance through a special use permit but will not authorize a building permit. A special use permit would embody all of the requirements Mr. Mack must meet and set a time frame to meet those requirements. Councilmember Krebsbach asked Mr. Mack if he has given the coffee house concept. Mr. Mack responded that he wants to maintain the coffee house atmosphere but it has always been his intent to have a light fare restaurant and full scale deli and bakery. Mr. Mack asked that Council set the completion time 60 days from June 30 so that he has sixty days from the time he must sign the lease to complete the requirements. He stated that he will know by the end of June whether he can meet the city's demands and explained that he only has to commit to one third of the space until June 30. Mayor Mertensotto informed Council that Code Enforcement Officer Gill has reviewed Mr. Mack's plans and indicated that they do not meet code requirements. He pointed out to Mr. Mack that unless the Code Enforcement Officer indicates that he has received a plan that conforms to code, Council will not approve a special use permit. Page No. 8 January 7, 1997 Mr. Streeter stated that Paster Enterprises is taking a chance on Mr. Mack by not leasing out the entire space that will be vacated. He informed Council that Mr. Mack has done very well with the space he has leased, and as a fail safe Paster Enterprises has agreed to allow him until June 30 to see if his business will prosper. At the end of June, Mr. Mack will be obligated to end his use of the partial space and turn it back to the was it is now or he must least the entire space and must give Paster a full set of plans and specifications before going into the remainder of the space. He explained that the agreement between Paster and Mr. Mack says that remodeling the space must be in accordance with state and city laws. Councilmember Krebsbach stated that the drawing which has been submitted to Council shows that Mr. Mack is not using the entire space. She asked whether the restaurant will be expanded when he does lease the total space. Mr. Mack responded that the remainder of the space will be kitchen area where the bakery ovens will be, and there will be no additional seating space. Mayor Mertensotto stated that Council would have to set conditions which he does not think can be set until there is a master plan that has been approved by the Code Enforcement Officers. He informed Mr. Mack that the City Attorney will have to inform Council on what conditions must be set, including the time frame, that must be established in the special use permit. He further stated that if Mr. Mack does not meet those requirements, the city would shut down the expansion operation. Mr. Mack responded that he has a commitment to June 30 with the landlord and that is the latest time that he can commit to the space. Attomey Hart stated that a special use permit would give Mr. Mack a reasonable period of time during which he must complete the plan which will be attached to the special use permit. He stated that the remedy for not completing the plan would be revocation of the occupancy permit for the space, and Council can determine the time frame condition, which is entirely independent from the agreement that Mr. Mack has with his landlord. Mayor Mertensotto stated that Attorney Hart would also have to draft language regarding a notification period at which time the city can call Mr. Mack in to ask why he has not met the requirements. He informed Mr. Mack that before Council can consider approving a special use permit, he must first submit a master plan to the Code � Page No. 9 January 7, 1997 Enforcement Officers to determine code compliance, since Council cannot make the determination on whether the plans meet code. Attorney Hart stated that the special use permit will not be issued until there is an agreement, and that cannot happen until the next regular Council meeting at the earliest. He informed Mr. Mack that it is his obligation to demonstrate to the City Council that he has met the code, but other issues may come up between now and the next meeting that will also require discussion. Councilmember Smith stated that in order for Council to approve the special use permit, there must be a plan that currently meets all codes and is approvable by the Code Enforcement Officers. Councilmember Krebsbach stated that she hopes that the expansion does not come around to the back of the building. Mr. Mack responded that it does not - just the kitchen will be in back. He stated that he is only planning on doing cosmetic changes now, and the only thing he needs is a permit to open a non-bearing wall, install electrical outlets and a hallway, but he cannot do that work until he has a permit. Attorney Hart was directed to outline procedures and prepare a draft agreement for consideration on January 21. 1�'INRRA GRANT Council acknowledged a memo from Assistant Hollister regarding the availability of a Minnesota National River and Recreation Area (NIl�TRRA) grant to assist in the cost of revisions to any aspects of the city's Comprehensive Plan which relate to the Critical Area. Assistant Hollister informed Council that the city is eligible to receive a grant for up to $25,000, but the city must match the grant amount either in expenditures or by an in-kind match. Mayor Mertensotto suggested committing $7,500 a year for two years, and request a$15,000 grant. He asked what would happen if the grant application is approved but gets cut back, or if the city does not spend an amount equal to the grant. Assistant Hollister responded that if the city submits a complete application by January 31, it should receive full funding by the end of March, but the city must do a monetary or in-kind match. In the application, the city must agree to a time line on when and how the Page No. 10 January 7, 1997 money would be spent, and at the end of that time line the city must report how the funds were spent. Mayor Mertensotto stated that Council needs to have an idea of what Comprehensive Plan revisions will be required. He suggested that perhaps the grant might provide an opportunity to upgrade the trail from T.H. 110 to T.H. 13. Councilmember Smith cautioned that this would be MNRR.A money and the National Park Service has its own agenda and will expect something to be done in accordance with that agenda. She stated that Council must fully understand ahead of time that what the city proposes is a reflection of what the city wants and that Council is not committing to something it does not feel is in the city's best interest. She further stated that Council does not even have control over most of what the Park Service is asking for a commitment to. Assistant Hollister responded that the only hard and fast requirement for the money is that if the city takes the grant, it must commit to evaluate the critical area ordinance to make sure it conforms to state mandate. He stated that staff is quite confident that the ordinance does meet state mandates, but as part of this process, comparisons would need to be made. He informed Council that MNRRA does have requirements it would like and the city can take some of the grant money to review the MNRRA wish list and contemplate whether they are appropriate for the city, but the city is not expected to adopt any MNRRA policies. Administrator Batchelder stated that a number of cities have asked the same question, which is why Assistant Hollister attached the December memo from the Metropolitan Council in the agenda packet. He explained that the answer to this concern is highlighted in the letter and pointed out that the Metropolitan Council has gone on record that cities are not obligated to adopt the MNRRA Comprehensive Management Plan. Councilmember Smith stated that she would appreciate having the time to study the material further before making a commitment. Councilmember Krebsbach expressed interest in what the cities of Lilydale and Mendota are planning to do, because anything Mendota Heights does which relates to the river would affect those communities. Page No. 11 January 7, 1997 Assistant Hollister responded that the grant can be used for joint cooperation between the jurisdictions and the staff report has suggested some areas of cooperation. Mayor Mertensotto agreed that the two other communities should be involved and asked if they would need to file their own applications. Assistant Hollister responded that the three communities could either submit sepazate applications or MNRRA would accept a joint application. Responding to a question, he stated that the grant is primarily for planning and goal setting. He informed Council that the Metropolitan Council anticipates several rounds of giving out the grants and while it would be good for the city to try to meet the January 31 deadline, application could be delayed if Council wishes. Councilmember Smith stated that it would be excellent to dovetail the grant with comprehensive plan review. Administrator Batchelder responded that that is exactly what the grants are designed for. He stated that an updated Comprehensive Plan must be submitted to the Metropolitan Council by 1998, and part of the plan will include how the city addresses the critical area and storm water. He informed Council that the 1997 budget includes funding to begin the comprehensive plan update process in 1997, and the fiznding that is used for consultant work on the plan would be an in-kind match. It was the consensus of Council to direct staff to contact Lilydale and Mendota about participation. Treasurer Shaughnessy was directed to review available fmancing for matching funds. WORKSHOP DATES Council acknowledged a memo from Administrator Batchelder regarding workshops to discuss the Freeway Road site/Land Use issues and the communications antenna/tower ordinance. Mr. David Huihui, from Cellular Realty Advisors, informed Council that he would like to participate in the workshop on the communications antenna ordinance. Mayor Mertensotto stated that if Council conducts workshops with the city's advisory commissions, it must be understood that the workshops will be chaired by Council. It was the consensus that the preferred to conduct the joint Council/Planning Commission workshop on the Freeway Road site Page No. 12 January 7, 1997 on Saturday, February 1 from 8:30 to Noon. Staff was directed to notify the commission members of Council's preference. Councilmember Krebsbach stated that she would like to have information on the cellular technology and what affect future changes in telecommunications will have on the antenna ordinance. Mr. Huihui responded that he will provide Council with whatever information it would like. CLOSED SESSION Council acknowledged a memo from Administrator Batchelder recommending that Council convene in closed session immediately after adjournment to discuss labor negotiation developments. ADJOURN There being no further business to come before Council, Councilmember moved that the meeting be adjourned to closed session for discussion of labor negotiations. Councilmember seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 9:48 P.M. Kathleen M. Swanson City Clerk ATTEST: Charles E. Mertensotto Mayor .w Page No. 1 January 21, 1997 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 21, 1997 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:37 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Smith moved adoption of the revised agenda for the meeting, amended to remove approval of the January 7, 1997 minutes from the agenda. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Koch moved approval of the consent calendar for the meeting, revised to move item r, McNeill property memo, and 1, Parks and Recreation Commission minutes, to the regular agenda, along with authorization for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the January 8, 1997 Airport Relations Commission meeting. b. Acknowledgment of the Fire Department monthly report for November. c. Acknowledgment of the Fire Department monthly report for December. d. Acknowledgment of the Treasurer's monthly report for December. e. Authorization for the purchase of two Ford Crown Victoria patrol cars from Superior Ford under the State contract at a cost of $39,452.00. f. Approval to issue purchase orders to Ancom Communications for $13,501 for 14 portable radios and to Bear Communications for $2,556 for six pagers in accordance with their low quotes. Page No. 2 �, January 21, 1997 g. Authorization to schedule the annual Board of Review at 7:00 p.m. on Tuesday, April 1, 1997. h. Approval of the reappointment of Councilmember Huber as Council representative and Mike Sokol as citizen representative to serve on the Northern Dakota County Cable Communications Commission for two year terms effective February 1, 1997. i. Approval of the reappointment of the following advisory commission members to three year terms commencing on February 1, 1997: Airport Relations Commission - Scott Beaty and David Leuman; Planning Commission - Mike Dwyer, Daniel Tilsen, Bernie Friel; Parks and Recreation Commission - Steven Kleinglass, Carol Damberg and Stan Linnell. j. Acceptance with regret of letters of resignation from Airport Relations Commission members David Olson and Cynthia Surrisi along with direction to staff to advertise the vacancies. k. Authorization for the issuance of a purchase order to Krech's Business Systems for $3,126 plus tax for the purchase and installation of computer network cables and hardware, the expense to be charged to the 1996 Administration computer repair budget. 1. Acknowledgment of a memo from Public Works Director Danielson regarding the Ziggy's expansion proposal. m. Acknowledgment of an update on the status of copier acquisition. n. Acknowledgment of receipt of the Uniform Settlement Agreement for and approval of the 19971abor contract between the city and LELS, along with authorization for contract execution by the Mayor and City Clerk. o. Approval of the list of claims dated January 21, 1997 and totaling $1,018,886.21 p. Approval of the list of contractor licenses dated January 21, 1997 and attached hereto. ;� Page No. 3 January 21, 1997 q. Acknowledgment of a letter from the Dakota County HRA regarding housing rehabilitation program activities. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 MEETING MINUTES Councilmember Smith stated that the January 14 Parks and Recreation Commission minutes actually represent two meetings, the regular Commission meeting followed by a joint workshop with Council. She felt that the workshop should be recorded independently and should be approved by Council. She also did not feel that the minutes fully represented all of the issues that were discussed, and asked that they be amended. The minutes were removed from the agenda for division and correction. McNEILL PROPERTY Public Works Director Danielson reviewed his memo regarding acquisition of the McNeill property on Perron Road. After brief discussion, Councilmember Huber moved adoption of Resolution No. 97-04, "RESOLUTION DIRECTING ENTRY ONTO THE MCNEILL PROPERTY FOR ENVIRONMENTAL TESTING BEFORE EMINENT DOMAIN PROCEEDINGS (Pursuant to Minn. Stat 117.041. Subd. 2)." Councilmember Krebsbach seconded the motion. Ayes: 5 Nays: 0 CASE NO. 96-26, BECKMANN Council acknowledged a memo from Public Works Director Danielson recommending that discussion on the Beckmann variance application be continued to February 4 to allow time for receipt and study of technical reports from the city's consultants. Mr. Beckmann was present for the discussion. Mayor Mertensotto was excused from the meeting. Acting Mayor Smith informed the audience that the matter had been continued from December to allow the city to obtain additional information. She explained that the city's consultants have not yet submitted their reports, therefore Council desires to continue the matter. She asked Mr. Beckmann if he would be willing to accept a continuance to February 4. Ayes: 4 Nays: 0 Page No. 4 „ January 21, 1997 Mr. Beckmann responded that he would agree. He also clarified that he has submitted to the Public Works Director all of the information that Council has required. He stated that at one of the prior discussions, Councilmember Huber had asked whether he could communicate effectively without a variance and the report from his expert, Mr. Lysiak, speaks to that point. Councilmember Huber moved to continue discussion on the matter to February 4. Councilmember Koch seconded the motion. Council and the City Attorney responded to questions from Mr. Jim Schueppert regarding the communications tower moratorium and other issues. City Attorney Hart informed Mr. Schueppert that the standard for amateur radio communications is set forth in federal law and will not change. He stated that Council must identify the city interest that is in conflict with the application and investigate and determine the point at which Mr. Beclanann can be reasonably accommodated. He explained that the federal standard does not require the city to go along with every application but Council must find the point at which it can serve the city's identified interest and still give reasonable accommodation. Mayor Mertensotto returned to the meeting. MN/DOT ROW Council acknowledged a memo from Public Works Director Danielson regarding a request from Paster Enterprises that the city allow Mn/DOT to release the vacant right-of-way adjacent to the Mendota Plaza. Mr. John Streeter was present on behalf of Paster Enterprises. Mr. Streeter informed Council that he came before Council and the Planning Commission earlier this year for permission to place fill material on Parcels 35 and 36 directly adjacent to the shopping center. Council approved the request with conditions, however the filling was never accomplished because of a mistake at Mn/DOT. He stated that Paster would now like to acquire Parcel A(36), which is a 100 foot strip of land immediately adjacent to the center, and which had originally been taken from the center by Mn/DOT many years ago for right-of-way purposes. Mn/DOT no longer has plans for the T.H. 149 r-o-w and is offering it back to the underlying fee owners. Page No. 5 January 21, 1997 Mr. Streeter explained that Paster has retained a hydrologist to design the holding pond, and he will meet with Mn/DOT so that he knows exactly what Mn/DOT wants. He informed Council that Paster does not hold the underlying fee title to Parcel B(35), but is negotiating with legal counsel for the property owner. He stated that Paster Enterprises would like a restaurant to be built on Parcel A, and that development of the parcel should not affect Parcel B. He explained that it would be very difficult and expensive for anyone to develop Parcel B. Councilmember Krebsbach stated that she would like to see the creek on Parcel B stay in its natural form. Mr. Streeter responded that Paster does not have any rights to that parcel, but there is a 60 foot dedicated easement over the parcel. He also pointed out that Councilmember Smith has stated that she does not want anything within 100 feet of the creek, and that was one of the conditions when the filling was discussed. Councilmember Smith clarified that the city has jurisdiction over any change within 100 feet of a designated wetland. She stated that her inquiry had been whether any changes were proposed to occur within the 100 feet, and that she did not state that she wanted no changes but rather that she would like more information. Mr. Streeter responded that the city has total control and Mn/DOT has agreed to sell the property to Paster but requires a letter from the city giving permission for conveyance of the property to Paster Enterprises. Councilmember Smith stated that her primary reservation is that the city has been discussing long range plans in case an alternative traffic route should be constructed in the right-of-way. She informed Mr. Paster that she did not object to the filling because that would ultimately be necessary anyway. She informed Mr. Streeter that in the spring Council will be looking at the quadrant north of T.H. 110 and making a determination on how that area should ultimately look. She pointed out that what happens across the highway could be affected by what is allowed s�� ' way. Councilmember Smith informed Mr. Streeter at it is possible that some of the right-of-way will be r road purposes. Mr. Streeter stated that South Plaza has been extended by the city and ends up against the south end of Parce135. He stated that one of the reasons Mn/DOT is allowing Paster to purchase Parcel 36 is Page No. 6 January 21, 1997 because a portion of it already went to the HRA. He explained that the property originally belonged to the shopping center and all Paster is asking is to get it back. Councilmember Smith responded that she realizes the senior housing project is within the right-of-way but Council made a determination that a road would never go south through the right-of- way. She informed Mr. Streeter that Council has had preliminary plans for the right-of-way in the past which would impact Parce136, at least in part. Mayor Mertensotto suggested that Council assume that if South Plaza is ever extended over T.H .110, more than likely there would be on and off ramps from T.H. 110 to the overpass, which means that easements would be needed over the north part of the right-of- way. He asked Public Works Director Danielson to determine if 10 feet in addition to the 62 feet of right-of-way would be sufficient for off ramps for a future bridge. Mr. Streeter responded that Mn/DOT has already stated that it will not release the top 100 feet of Parce136 because of possible future needs. Councilmember Smith stated that she would like Council to review the roadway studies which have been done to determine whether the city should retain interest in a portion of the right-of-way. She pointed out that the property is in the public domain now and it would not be in the city's best interest to give up any rights before getting staff review and recommendation. Mayor Mertensotto pointed out that Council has scheduled a workshop on February 1, at which time it will be considering the northeast quadrant of the intersection to see what potential there is for development of the city property and the right-of-way. He suggested that in the interim, city engineering will be directed to exercise its best technical judgment in road design on what the city would need for right-of-way for an access road and ramps. He explained that Council is very concerned about preserving the city's rights. Further discussion on the matter was continued to February 4. TIF REQUEST Council acknowledged a memo from Treasurer Shaughnessy in response to a request from United Properties for TIF assistance in the development of Phase II of the Enterprise Corporate Center. Mr. Dale Glowa was present for the discussion. Page No. 7 January 21, 1997 Mr. Glowa informed Council that United Properties is facing some significant costs for conection of soils problems on the site. He explained that quite a bit of fill, trash and rubbish was deposited on the property over the years, and much of the trash was removed when United purchased the land over 20 years ago. He explained that Braun Intertech has prepared a soils report which indicates that that significant fill removal and replacement is necessary. There is also a significant amount of clay on the site, which will require that drain tile be used all around the building. Mr. Glowa informed Council that it was originally his intention to build the two phases as spec buildings, but because of the costs to repair the site, Phase 2 cannot be spec. He requested that Council consider $165,000 in TIF assistance to offset the extraordinary site preparation costs. Mayor Mertensotto pointed out that when Phase I was discussed, Council expressed concern over how traffic from the two phases would co-mingle. Mr. Glowa responded that his experts have indicated that the configuration which is being proposed is the safest configuration. He explained that he is just present this evening to discuss TIF and will be prepared to discuss plans for the project in the future. He anticipated that the project will develop as office/warehouse with two to three tenants and nominal truck traffic. Responding to a question from Mayor Mertensotto, Treasurer Shaughnessy stated that he believes it would be in the best interest of the city to authorize the TIF "up front" rather than pay as you go. He informed Council that the schedules submitted by Ehlers & Associates indicate that $165,000 is the increment the building will comfortably produce. Councilmember Smith asked that tree removal be taken out of the eligible expenses. Councilmember Smith moved to extend to United Properties a positive indication on its request for $165,000 in an up-front TIF payment for Enterprise Corporate Center Phase 2 based on the information submitted regarding eligible tax increment expenses. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 BROWN INSTITUTE Council acknowledged a memo from Treasurer Shaughnessy relative to a request from the M.A. Mortenson Company for tax increment Page No. 8 January 21, 1997 assistance to offset site modifications needed at the Cray Research facility on Northland Drive as part of renovation of the property for Brown Institute. Mr. Tom Lander was present on behalf of Mortenson. Mr. Lander explained that his firm has been working with Brown Institute on the school's move to the Cray Research building. He stated that the move represents a major financial commitment for the school, which will lease the facility from Mortenson. He asked that Council authorize the use of $336,000 in TIF to offset some of the expenses of the move, which include expansion of the parking lot, regrading and site modifications that are required for drainage both for the site and off site drainage which comes across the site. Mr. Lander informed Council that the property will be taxable, as Brown is a for-profit school and the property will be leased from Mortenson. Mayor Mertensotto asked Mr. Lander if Brown Institute will give Council a letter stating that Brown is fully aware of the tax increment request being made by Mortenson. Mr. Lander responded that Brown is aware of the request and that he will provide Council with copies of the conespondence between his firm and Brown. He further stated that he understands that if Mortenson ever sells the property, the tax increment will terminate and must be paid back. Mayor Mertensotto pointed out that Mortenson has come to the city with the TIF request, and that the city did not seek out Mortenson or Brown Institute. Mr. Lander concurred, stating that the city has not approached either Brown on Mortenson. He stated that the City of Minneapolis has made it clear that they would like to keep the school and has made offers, but the Cray building is a perfect fit for Brown. Councilmember Krebsbach asked what percentage of the students typically drive and how many require public transportation. She informed Mr. Lander that there is no public transportation to the site. Mr. Lander stated that parking at the building currently meets ordinance requirements, but the additional parking which will be provided is a function of the school and its needs, which typically exceed ordinance requirements for parking. He eYplained that Brown specialized training offered by the school and stated that .. Page No. 9 ' January 21, 1997 students typically work in addition to attending school and a large majority of them drive to school. Councilmember Smith stated that Mortenson would be amending the building for classroom use. She asked Mr. Lander if he feels the use will continue long enough for the improvements to be worthwhile. Mr. Lander responded that Mortenson is the landlord for Brown in its current facility, the institute has proven to be a very good client and the school has been very stable in the ten years it has been with Mortenson. He explained that the school is a very good fit with the building, whereas most office uses are looking for open structures which can be built to fit, and that he believes Brown will be a long- term use. Councilmember Smith asked if Brown will be impacted by possible changes in state law that would require them to expand their student base. Mr. Lander responded that he is not an educator so could not answer, but that he has watch the school respond to changes in federal funding for schools and they have been very successful in adapting to the changes. Mayor Mertensotto stated that the Cray building is a specialized industrial building and Council would like to see it put to use. He felt that it is in the best interest of the city to see the structure occupied and in the best interest of the city to contribute TIF so that the structure gets back on the tax rolls. He felt that Council should be on record that it will allow TIF participation on the basis that the building will be returned to the tax rolls, but that TIF would be contributed on the basis of the Brown Institute request only and would not apply should the use change. He stated that approval would be conditioned that the city receive copies of all correspondence between Mortenson and Brown Institute relative to TIF and a letter acknowledging that the city is contributing TIF to assist Brown. Responding to a question from Councilmember Krebsbach, Mr. Lander stated that Brown holds morning, afternoon and evening instruction sessions and the evening sessions are from 6:00 to 9:30. He informed Council that Mortenson will add landscaping to screen the expanded parking. Councilmember Krebsbach moved to direct staff to prepare a TIF developer's agreement between the city and Mortenson on be?:alf of Page No. 10 January 21, 1997 the Brown Institute for $336,510 in TIF up front with the condition that the financing is for the benefit of Brown Institute and that Brown Institute acknowledge the condition, and further conditioned that if the use of the building is for anyone other than Brown, the city's commitment to TIF will automatically terminate. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 BUNKER HILLS STREETS Council acknowledged a memo from Engineer Mogan regarding the proposed Bunker Hills street improvements. Ayes: 5 Nays: 0 Public Works Director Danielson informed Council that there has not been sufficient time for engineering staff to do the field work necessary for Bunker Hills in order to get construction started in 1997. He recommended closing the hearing and delaying field work until summer. He explained that staff would begin gathering information early in the summer and then invite the residents back to meet with Council at an informal meeting. Mayor Mertensotto responded that if staff is not ready for the project, Council should termination consideration and notify the property owners that a new hearing will be called in 1997 but that construction cannot be done in 1997. Councilmember Huber expressed concem over how delaying the project would affect other projects anticipated for 1997/98, like Cherry Hills. Public Works Director Danielson responded that if Bunker Hills can be started in early summer, the Cherry Hills project could be started later in the summer or early fall. Councilmember Smith moved to close the public hearing on the Bunker Hills project in order to terminate the project, with the intent that Council will resurrect the project in 1997 and hold a pre- feasibility meeting with the residents in early June. Councilmember Koch seconded the motion. Staff was directed to notify the Bunker Hills residents of Council's actions and to patch potholes in the neighborhood. MNRR.A GRANT Council acknowledged a memo from Assistant Hollister regarding the proposed Mississippi National River and Recreation Area grant. ., Page No. 11 January 21, 1997 Assistant Hollister informed Council that he met with representatives of Sunfish Lake, Mendota and state agencies last week, and all of the representatives agreed that the cities will apply for separate grants. He stated that the Metropolitan Council representatives would like a joint letter from the three cities to demonstrate that they would like to work together to discuss issues. Mayor Mertensotto suggested that each of the cities adopt a common resolution to indicate to the state that all of the cities are making a commitment to cooperate. Councilmember Huber moved adoption of Resolution No. 97-05, "A RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR MNRRA PLAN FUNDING ASSISTANCE," and directed that Assistant Hollister prepare a resolution which can be adopted by all three cities to express their agreement to cooperate with each other. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 WORKSHOPS Council acknowledged a memo from Administrator Batchelder reminding Council of the joint workshop scheduled with the Planning Commission on Saturday, February 1 at City Hall to discuss use of the city site on Freeway road and future planning for the area surrounding the city property. Administrator Batchelder stated that Council has also expressed a desire to conduct a workshop on the antenna ordinance on February 11. Mayor Mertensotto suggested that staff prepare the following information for that workshop: a summary of ordinances that are in existence in other cities and what those ordinances permit; a list of what the options are based on what other cities are doing; and comments on zoning and land uses from other ordinances. He pointed out that Council is not planning on drafting the ordinance prior to the workshop but rather will discuss what the goals are and what Council would like to see in the ordinance. ADJOURN There being no further business to come before the Council, Councilmember Koch moved that the meeting be adjourned to 8:30 Ayes: 5 Nays: 0 ATTEST: Charles E. Mertensotto Mayor Page No. 12 January 21, 1997 a.m. on Saturday, February 1, for a joint workshop with the Planning Commission to discuss the Freeway Road site. Councilmember Smith seconded the motion. TIME OF ADJOURNMENT: 9:53 o'clock P.M. Kathleen M. Swanson, City Clerk 1 • �. MEMO Date: 1-29-97 L T0: Mayor, City Council, and City Acininistrator FROM: Paul R. Berg, Code Enforcement Officer ,�� � SUBJECT: Building Activity Report for January 1997 CURRENT MONTH YEAR TO DATE 97 BUILDING � PERMITS: No. Valuation Fee Collected, f• No. Valuation Fee Collected � SFD 0 0 0 � APT 0 0 0 � '� T041f1H0USE 2 252,237.00 2,396.63 � � CONDO 0 0 0 I I MISC. 13 174,953.00 2,754.11 � � C/I 6 69,502.00 1,244.93 � � -------------------------------------------+------------------------------------+ Sub Total 21 496,692.00 6,395.67 � � TRADE PERMITS: Pltmbing 7 212.00 Llater 5 25.00 �, SeWer 2 35.00 I Heat, AC, & Gas 15 647.00 � "__""'_"""'__"'�"'�""�����"'�"'� Sub Total 29 919.00 I ' �""�""�'__""�_""_"""___'a YEAR TO DATE 96 � No. Valuatian Fee Collected � � 1 125,956.00 1,205.33 0 0 0 0 0 0 0 0 0 13 238,575.00 2,961.68 8 148,670.00 2,141.11 •------------------------------------ 22 513,201.00 6,308.12 13 470.00 4 20.00 4 70.00 21 991.00 42 1,551.00 Licensina• � ( � � cantractor�s � I Licenses 172 4,300.00 �� � 131 3,275.00 -------------------------------------------+------------------------------------+------------------------------------ Total 222 496,692.00 11,614.67 � � 195 513,201.00 11,134.12 NOTE: All fee amotmts exctude Sac, Wac, and State Surcharge. Amounts shortn aill reflect only permit, plan check fee, and valuatiafi anwunts. . CITY OF MENDOTA HEIGHTS DAKOTA COUNTY.iVIINNESOTA PARKS AND RECREATION COMMISSION MINUTES JANUARY 14.�997 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, January 14, 1997, in the Large Conference Room at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:05 PM. The following Commissioners were present: Spicer, Libra, Kleinglass, Linnell, Damberg, and Liberacki. Commissioner Norton arrived late. Also present were Councilmember Krebsbach, Recreation Programmer Chris Esser and Administrative Assistant Patrick C. Hollister. APPROVAL OF MINUTES Commissioner Libra moved to approve the December 10, 1996 Minutes with corrections. Commissioner Damberg seconded the motion. AYES: 6 NAYS: 0 UPDATES Staffthen provided updates on the following items: PARKSREPORT There were on comments on this item. POLICE REPORT There were no comments on this item. Commissioner Damberg requested an end-of-the-year Vandalism Report. Mr. Esser provided an update on the ice rinks. Commissioner Damberg pointed out that according the Comprehensive Plan, one of the goals of the City was to "enable historic and scenic values in the community to be preserved". Commissioner Damberg said that this aspect of parks had been neglected by the Parks and Recreation Commission, and that almost all the emphasis on parks to date was from a recreational standpoint. Commissioner Damberg continued that there were many opportunities for the City to improve views by putting in grasses, trees and shrubs. Commissioner Da.mberg reiterated that she felt that the City dealt with the recreational aspects of parks very well, but not the other two purposes listed, scenic areas and areas poorly adapted to development. Commissioner Linnell said that the City lacks its own Staff expertise in forestry, but the City could hire such expertise on a contingency basis. Commissioner Damberg said that more emphasis should be placed on non-dedicated parks. Commissioner Linnell suggested increasing the monetary component of the Park Contribution. Mayor Mertensotto agreed that the cunent $750 amount was low relative to the present value of land in Mendota Heights. ADJOURNMENT The Parks and Recreation Commission meeting adjourned to the Workshop with the City Council. 2 '�1 CIT3� OF MENDOTA HEIGHTS DAKOTA COUNTY.MINNESOTA PARKS AND RECREATION COMMISSION/CITY COUNCIL JOINT WORKSHOP MINUTES JANUARY 14.,1997 The Joint Workshop of the Mendota Heights Parks and Recreation Commission and the Mendota Heights City Council was held on Tuesday, January 14, 1997, in the Large Conference Room at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 PM. The following Commissioners were present: Spicer, Libra, Kleinglass, Linnell, Damberg, Liberacki and Norton. The following Councilmembers were present: Smith, Koch, Huber, and Krebsbach. Also present were Mayor Mertensotto, City Administrator Kevin Batchelder, Recreation Programmer Chris Esser and Administrative Assistant Patrick C. Hollister. ITEM #1: REV�W PURPOSE AND ROLE OF PARKS AND RECREATION COMIVIISSION Chauman Spicer said that a few years ago when there was rapid development in the City and the City was acquiring parkland, life on the Parks and Recreation Commission was more exciting and Commissioners felt a real sense of purpose. Chairman Spicer continued that now that the pace of development had slowed down, the Parks and Recreation Commission had been reduced to discussing maintenance items. Chairman Spicer said that he wished to hear the Council's thoughts on what the new role of the Parks and Recreation Commission should be besides just maintenance. Chairman Spicer said that the Commission should redefine its purpose. Commissioner Kleinglass added that the Commission spends a lot of time discussing small amounts of money, and that Staff should be empowered to spend such small amounts without troubling the Parks and Recreation Commission about them. Commissioner Kleinglass added that meetings often take only an hour, and that he doesn't feel the Parks and Recreation Commission is accomplishing anything anymore. Mayor Mertensotto said that anytime the Commission felt that there were not sufficient items on the agenda to justify a meeting, they could request through the Administrative Assistant that the Council grant them a waiver from having to meet, and that the Council in most cases would be happy to comply. ITEM #2: A FULL-TIlVIE RECREATION PROGRAMMER Councilmembers Krebsbach and Smith asked the Commission to explain what a Full-Time recreation programmer could accomplish. Chairman Spicer replied that the City of Mendota Heights had a growing population, and that this led to an increase in demand for recreational services such as Cross-Country Skiing. Chairman Spicer continued that Mr. Esser has done an excellent job as Recreation Programmer. Chairman Spicer added that a Full-Time Recreation Programmer would not just allow more traditional recreational programs such as baseball, volleyball, etc., but other activities which would appeal to a wider range of age groups and interests such as Nature programs and senior activities such as Gardening. Spicer concluded that a Full- Time Recreation Programmer is necessary to maximize use of the City's open spaces, and that the Commission was not seeking to create a Recreation Department. Chairman Spicer asked why the Council was afraid of any growth in recreation services provided by the City. Commissioner Kleinglass said that the City did not provide any recreational activities that appealed to him, such as a Bike Club, a Running Club, or a Walking Club. Commissioner Kleinglass said that a Full-Time Recreation Programmer would allow the City to provide recreational activities that would appeal to adults beyond merely softball. Commissioner Kleinglass said that volunteers alone would not be sufficient to get these programs going. Commissioner Kleinglass said that if a Running, Walking or Biking club were formed, it could eventually elect officers from residents, but that the initial impetus would have to come from the Recreation Programmer. Councilmember Krebsbach said that she was concerned that a Full-Time Recreation Programmer would duplicate services provided by Community Education. Councilmember Krebsbach added that as government grows, it exposes itself to the risk of painful cuts down the road. Mayor Mertensotto said that the City has entrusted MHAA with the primary provision of sports activities in Mendota Heights, and that the current half-time Recreation Programmer position was created to facilitate better use of the City's fields, not to create a Recreation Department. Mayor Mertensotto added that more West Saint Paul kids cunently use Community Education because it is located in West Saint Paul, but that once Community Education moved to Mendota Heights more Mendota Heights kids would use it. Commissioner Damberg said that the City had spent millions of dollars on fields, and that many of them were not being used much of the time. Commission Damberg added that she saw very few "pick-up" games going on. Commissioner Damberg continued that one Full-Time Recreation Programmer would not constitute a"department". Commissioner Damberg added that since the City built all these fields and courts, they should be used. Commissioner Damberg said that the City should be setting up leagues, particularly for 2 L ,; different age groups with different interests. Commissioner Damberg concluded that residents of Mendota Heights without young children also pay taxes and that they should receive some benefits in the form of recreation programming oriented toward their interests. Councilmember Huber said that there is a stark contrast between the types of programs offered by Community Education and those which are or could be offered by the City. Councilmember Huber added that he saw no overlap between what a Full-Time Recreation Programmer would offer and what Community Education offers. Councilmember Huber concluded that he supports creating a Full-Time Recreation Programmer position, and that the tax impact is very minimal. Commissioner Spicer asked if a Full-Time Recreation Programmer could be tried for one year on an experimental basis. Mayor Mertensotto responded that it would not be fair to Mr. Esser to entice him to drop other commitments for the sake of Mendota Heights, only to be cut back to half-time a year later. Mayor Mertensotto added that creating a Full-Time Recreation Programmer would inevitably lead to the creation of a department. Councilmember Smith said that if the City ever had a Full-Time Recreation Programmer, that individual should facilitate programs created and maintained by citizen-run organizations such as MHAA, but� -rfdt cre te and maintain programs himself or herself. Councilmember Smith added that Citi should not run recreational programs, but that individual residents in the co ould take initiative to create programs, and that MHAA or similar organizations could expand into providing recreational opportunities for other age groups. Councilmember Smith said that the City should build on the successful model of the past, which is empowering volunteer organizations such as MHAA to provide recreational programs, and that this model could be applied to adult programs as well. Councilmember Smith concluded that if a Full-Time Recreation Programmer were hired, limits would need to be placed upon their scope of activities. Commissioner Linnell pointed out that all City recreational programs were self-supporting through fees. Mayor Mertensotto responded that the City still subsidized these programs. Councilmember Krebsbach said that if no parameters were placed upon the Full-Time Recreation Programmer, it could create demand for Recreation Programs. Councilmember Krebsbach added that she was looking for parameters to be placed upon a full-time Recreation Programmer that would limit that individual's role to one of facilitation and linkage between the City and community organizations. Mayor Mertensotto said that the City doesn't currently provide programming for seniors. Mayor Mertensotto added that the seniors were asking the City for space, and that he 3 would be willing to provide the seniors with space, but that they would have to run their own programs. Chairman Spicer said that in comparisons between Mendota Heights and Cities of comparable size, Mendota Heights provides fewer recreation programs than any other City. Commissioner Norton stated that the Commission's role is to inform the Council about community needs. Mayor Mertensotto responded that the City takes care of its highest priority, which is providing low cost government to its residents. Chairman Spicer said that he was willing to pay $4 more per year for more Recreational Programs. Councilmember Koch said that many small incremental increases in costs would add up to a significant increase in taxes. Councilmember Krebsbach said that the City should not back into this. Councilmember Krebsbach added that MHAA was a good volunteer organization, and that a Full Time Recreational Programmer should not duplicate Community Education. Chairman Spicer asked Staffto prepare a new proposal for a Full-Time Recreational Programmer that would emphasize voluntary programs, and would set limits and parameters upon the position that emphasize the facilitation of programs. ITEM #3: MEETING INCREASING DEMAND FOR BALLFIELDS Chairman Spicer said that there is a growing demand for Ballfield space in the City of Mendota Heights. Mayor Mertensotto said that the residents of Mendota Heights would not be willing to support a bond issue to acquire more field space, and that lighting Mendakota Park was not a politically feasible option. Mr. Batchelder updated the group on Staf�'s discussions with MHA.A. Mr. Batchelder stated that the MHAA was proposing new traveling teams requiring fields with longer base lines even though such fields were not available. Mr. Batchelder said that the "ballfield crisis" predicted for 1996 did not occur, and in fact the numbers for 1996 were down from 1995. Chairman Spicer asked what happened to the idea of putting fields at the Cemetery. n � t' �il : Mayor Mertensoto responded that the City had originally asked for T-Ball fields and could not then go back and ask for baseball fields. Mayor Mertensotto continued that the cemetery pays no property taxes but receives government services, and so they could be asked to provide field space for the City. Mayor Mertensotto added that fields could be built there on a five-year lease and a fence could be constructed. Mayor Mertensotto added that Visitation could make a similar arrangement with the City. Councilmember Smith suggested the south side of Acacia Road for ballfields. Chairman Spicer said that ballfields could be a good temporary use in many sites before they were developed. Mayor Mertensotto said that Staff needed to spend time with MHAA discussing why the City's fields were underused. Mayor Mertensotto added that MHAA had to adjust to the City's cunent field capacity. Mr. Batchelder responded that MHAA has told the City that it is impossible for them to get parental cooperation on weekend scheduling. Mr. Batchelder added that the City should review the use of the School District's fields, and also look at Fort Snelling. Commissioner Kleinglass said that the VA hospital had a baseball field and that he would� be willing to rent it to the City for a good rate. ITEM #4: STAFF WORKLOAD AND THE PRIORITY OF PARKS PROJECTS The Parks and Recreation Commission pointed out that the following Parks Projects had not been completed as scheduled in 1996: 1. North Kensington Park 2. Wentworth Park Shelter 3. Park Maps Staffwas directed to implement these projects in 1997, or to determine priorities with thE: Commission and Council if the engineering department was unable to accomplish these improvements to the park system. ITEM #5: NORTH KENSINGTON PARK Councilmember Smith said that she was still in favor of the "backyard" concept, but that she felt it needed to be modified in favor of more traditional plantings of trees, bushes an�i grass. Councilmember Smith said that the Plan now cost more than they had originally thought. Councilmember Smith added that the pond area was now too expensive as it w,�s currently planned. Councilmember Smith said that she was also worried about mosquitoes and rodents. Councilmember Smith added that the Prairie grass would take several years to establish. 5 Commissioner Spicer recalled that at the neighborhood meetings on North Kensington Park, the neighborhood had overwhelmingly supported the existing plan. Chairman Spicer added that the City had picked prairie grass because it was low maintenance. The Council and Commission directed Staff to place North Kensington Park on the February Parks and Recreation Commission Agenda to revisit the design of the plantings. ITEM #6: OPEN SPACE PRESERVATION Chairman Spicer said that the City should consider preserving more open space before it is lost forever. Chairman Spicer said that a referendum would be very difficult and asked how the City could finance land acquisition. Mayor Mertensotto said that contract-for-deed would be an option, and that the City should take everything it can afford to get. Councilmember Huber suggested that parcels of land be ranked by priority based upon the desirability of the land and the risk of losing it in the near term. The Commission and the Council expressed interest in the following parcels: •#6 Acacia Area TIF Acquired Property • #9 Slowinski Property •#11 Foss homestead by Wentworth Park •#16 Acacia property north of Acacia Boulevard • #18 Resunection Cemetery "Break Of�' Area � #19 Visitation Convent Property •#21 Tousignant Property offMendota Heights Road ITEM #7: EXPANSION OF THE TRAIL SYSTEM The Commission and the Council expressed interest in the following Trail possibilities: •#8 Valley ParldPar 3 Cross Country Ski Trail •#19 Ski Trails in Mendakota Golf Course • #22 Copperfield/Centex Area Trails •#23 North Side of Mendota Heights Road from Dodd to Delaware ADJOURNMENT Motion to adjourn made by Kleinglass and seconded by Damberg. AYES: 7 NAYS: 0 :� The meeting adjourned at 10:15 PM. Respec�lly Submittec� Patrick G Hollister CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNE50TA PLANNING COMMISSION MINUTES JAN UARY 28, 1997 The regular meeting of the Mendota Heights Planning Commission was held o�n Tuesday, January 28, 1997, in the City Hall Council Chambers, 1101 Victoria curve. The meeting was called to order at 7:31 p.m. The following members were present: Dwyer, Koll, Friel, Betlej, Lorberbaum, Duggan and Tilsen. Alsc► present were Public Works Director Jim Danielson, Planning Consultant Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kirn Blaeser. APPROVAL OF MINUTES Commissioner Betlej moved to approve the November 26, 1996 minutes with corrections. , Commissioner Tilsen seconded the motion. AYES: 7 NAYS: 0 CASE NO. 97-01: BUROW - VARIANCE Ms. Lynn Burow, of 1219 Victoria Curve, was present to discuss her request for two variances to erect a fence in her front and side yards. Ms. Burow explained that her property abuts MnDOT right-of-way and �that she is proposing to put a 42 inch high fence approximately six feet inta the right-of-way. Ms. Burow explained that her property is located at the corner of Glen Hill Road and Victoria Curve. She stated that a portion of her property wa:� taken by MnDOT for the frontage road which left a steep slope in the f�ont and south side yards as well as leaving an unusual configuration for thE; front lot line. Ms. Burow stated that she would like to place the fence along the top ��f the slope which would encroach approximately 6 feet into the MnDOT right-of- 1 � way on the Glen Hill Road or front side of the property. She informed the Commission that MnDOT has indicated that they would allow the fence subject to City approval. Ms. Burow stated that she is requesting a 42 inch high fence to help contain her large dog. Commissioner Koll inquired about the type of fencing material. Ms. Burow responded that the fence will be galvanized chain link with the posts staggered 8 or 10 feet. Commissioner Koll noted her concern for how visible the fence will be. Ms. Burow stated that MnDOT is planning to install bushes and sumac this spring. She stated that she would like to grow vines on the fence. Commissioner Koll informed Ms. Burow that it would be a good idea to landscape this area since it is viewed by everyone driving in the area. luls. Burow submitted a copy of MnDOT's landscape plan to the Commission and staff. Commissioner Koll inquired about evergreen and birch trees in the area. Ms. Burow stated that these trees are not located on her property. Commissioner Koll inquired if there are plans to construct a dog house. Ms. Burow responded no. Commissioner Duggan noted his concern for how visible the fence will be and inquired if Ms. Burow has thought about installing a black, vinyl clad fence. Ms. Burow stated that that type of fencing is too expensive. Commissioner Duggan inquired about the location of plantings on the slope. He stated that growth time should be considered. Ms. Burow stated that MnDOT has indicated that the plantings will be installed at the top of the slope. She stated that she will wait to plant her plantings until MnDOT has completed their landscape project. Commissioner Duggan inquired about trees located on the western edge of Ms. Burow's property. Ms. Burow stated that the trees will be inside the fence. Commissioner Tilsen inquired about the signatures of consent. It was determined that all signatures had been received. The Commission waived the public hearing requirement. Commissioner Lorberbaum informed Ms. Burow that she is not a"fan" of fences and she noted her concern for the visibility of the fence. She stated that she believes that Ms. Burow has proven a hardship. 2 : Commissioner Friel moved to recammend that the City Council approve ,` a variance allowing a fence to 6� canstructed C feet into a public right-��#- way and a variance allowing a 42 inch high fence in a front yard. Commissioner Duggan secanded the mation. AYES: 7 NAYS: 0 VERBAL REVIEW Public Works Director Jim Danielson briefed the Planning Commission or� recent Gity Council action on previous planning cases. MiSCELLANEOUS _• • The following Planning Commissioners confirmed their attendance at the: February 1, 1997 Joint City Council/Planning Commission workshop: Mike Dwyer, Daniel Tilsen, Bernie Friel, Joe Betlej, Sally Larberbaum and Ultan Duggan. Commissioner Friel updated the Commission regarding recent discussions with City of Eagan officials, Mayor Mertensotto and City Administrator Batchelder on amending the 1995 Nletropolitan �and Planning Act. There being no further business, the Planning Commission adjourned its meeting at 7:58 p.m. RespectFutty submitted, Kimberlee K. Btaeser Senior Secretary 3 � NORTHERN DAKOTA COUNTY CABLE k �,� ��� � � �g�.� � � COMMUNICATIONS COMMISSION 5845 Blaine Avenue - ?. ,� � � .. ,.v.-�, ��._ �,� � . InverGroveHeights,Minnesota55076-1401 ,_L;i.._'•'-;.•;._•�.� �I�j 612/450-9891 FAX 612/450-9429 TDD 612/552-9675� - - •� - - � .. � �� - �. -, <� ���..._-.. _ .. ��► �� ; = �i ��i�u I TO: City Mayors and Administrators/Clerks: - Inver Grove Heights - Lilydale - Mendcta - Mendota Heights - South St. Paul - Sunfish Lake - West St. Paul FROM: Jodie Miller, Executive Direc DATE: 30 January 1997 RE: NDC4 MEETING NIINUTES & AGENDA Enclosed are copies of the LTN�PPROVED minutes from the January 9th NDC4 Executive Committee meeting. Please distribute copies of these minutes to your city council members. Also enclosed is a copy of the Agenda for the ne.ct full Commission meeting on Wednesday, February 5. Please feel free to contact me with questions or comments about this meeting or any cat�le related issue. Encs. NDC 4 UNAPPRO VED Northern Dakota County Cable Communications Commission Executive Committee Meeting January 9, 1997 1. Call to Order - The January 9, 1997 NDC4 Executive Committee meeting was called to order by Chair Tourville at 5:51 p.m. at the Pool and Yacht Club. Members Present: Lucille Collins, Jodelle Ista, and George Tourville. Others Present: Jodie Miller and JoAnne Schommer (NDC4 staf�. 2. Approve Minutes - Motion I-9-97-1 to approve the December 4,1996 Executive Committee meeting minutes was made by L. Collins, seconded by J. Ista, and unanimously carried. 3. Approve Claims - The List of Claims for 12/31/96 - 1/9/97 was presented for approval. Motion 1-9-97-2 to approve the List of Claims for 12/31/96 - 1/9/97 was made by J. Ista, seconded by L. Collins, and unanimously carried. 4. Adjoumment - Motion 1-9-97-3 to adjourn the meeting was made by J. Ista and seconded by L. Collins. The meeting adjourned at approximately 6:00 p.m. Respectfully submitted, 7oy A. Curtin NDC4 Administrative Assistant and Recording Secretary , � • f �� , t�� - � . ` . : . Y � • f • , ' . . • '" J ` - , . ' ' � , ' • . � * � , ' � ' .a,- , . 5_ ` ~ -s. ; �: ' � ' . �' � ., -. . . � . y •. • , . _ ' . ' ` . ' ' `; � .. , • , ` , .• - � , , . , , -' ' , . ' � . � .Yi' ' ... . . � . .� � • � � . .. � •. . .�� . , . : � �. " � Northern Dakota_County Cable Communications Commission . -� , . - �� � � - � �, :: �u �: � . � ' `- . �. � � - � . � , � � FULL, COMMISSION,MEETING `': ' • : . � �:;�� _ `. ::+ � � ��. , � , � �� :� , _ . '�:: �: •" " S - . S. �� .r N . . .� �.�.! _ {„�� �'�il". . iN1.{;.i, .t `� .�! •f •! .yy � � ' . *�i ,� . � . f.., , ' .. Klt:. . S1• a • ii>. R ..t�';: �� f � yr, ' <� , r _ ,5�� �.�5'."a, � ' }�' ' . - - y. 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''`` ''r.1,,^' <S' �;:'•�'ti ,i 'ly'�y1�%'M.•x "k'.. ._ _ . �'`�� ..w;ti't ,�jt.'. .:.ai . , 'a. ��. , t' yy �� � • .�„i` `�:r; °''`` �' _ " =t . 'M..:r.,. f.,,`C s , .: ':f. .w' .a:.;r _ �� :;i. _ ,.;:;� �1'�i..': 's i ;�..:�i,' . , . . ,iw��x .S . _ 'i' ��j��. - :r" ,•l� ':r'';�. ^.i' _ _ - ' . � x..v."n- . '"�j%:?ru� , ._ 'i�' .,;4•"' ra��•''" - _ � . . -3.' C'ONSENT�AGENDA� :: _ _ �: �:��., . �; ,...'; =;�- . � " .�; °.;, . . :. 7.10__ �.X�• , _,� •X ,.. . ,.'L. ''�,- .X` � t . . , . ;e` ;:, _ - ,. ,t.;'i . � . - •�-. - _ •.. . ' = A) Approve 10/2/96�Corrimission 1V�riutes � ��� ��s'•�� ` � � � ' ��`°� "� � ��`'� �, i � • `„_.:: , , ' ," ' �- . , j . B) Approve List of Claims 1/9/97 to 2/5/97�'`�i� ,4• a': .�j•' •.. `, - , ,,f ``y• "' .. • _• . • • i � - � � , � , , . � ' �. � - � • ' :,,t • � . ,�. � � • . -'x� � _.. . . 4. lYDC'TV TP �A ,. '•L� - ' - - 7:15 � �'� - ; X , �. .. �.. _ X .: ,.. , . : • . • . . �� . 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'.if • :y' :'�' ' _ . z;�� ��b' �y34� ...VG.T. � .424a335.24. �_—_.-----------_...._._. .. __��.�__.. _�.. .x _ ` » ¢., y n � t, �!��> > ., y �.i4. Y ' � � �,. �: .�5 �^ .. " v y . • = s h •?'"i ,�. '•rl . ,F,�j. ��M.___..__._._._-----,---___...s�___�__._. 'r_.� --; � 3 . �� . • '734: , i< � _._.__.—...._..V...___�. __._._�� } .., _.. .__ _.._ _. _ ----•-- .. _ ._..... . _... ___- ---..._.._. _� ��t� / t. --.�—•._._.__._._.._�._._.__ __._...__ .,_------- -- " �: ___.....__._..,,.�.�.__.--_...-------- � ----- �'��+'r� �;�''; . ��.—.__._------._.----•--__._.__.._— i;. _�. : :<„ ��....y...�.�«..�.�s�.�. ..��. ....... � � _�M..�...,����....�-4G' ,,�� . __. ______----___...__.._ ._. ._ _. ._.____.�_� __�; � � .� � �:,�� �,G' . i�`q. ��_...«. .����...� .���...»��..����.��_�.�..... v��� l�q� �i� .. ���.�.���.��«.��.��.....����.��..��.„ �."�'—t C 1 I � _ LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL As�halt Contraetor License Ace Blacktop, Inc. Concrete�Masonry Contxactor License KMAC , Inc. Marv's Masonry, Inc. Poured Foundations, Inc. Schlagel Masonry Excavatina Coatraetor License KCI Construction LeRoux Excavating Inc. Royal Excavating, Inc. Star Plumbing & Excavating Inc. Steininger Construction Co, Inc Gas PiFing Contractor Licex�se Allied Fireside(Fireside Corner) Gavic & Sons Plumbing & Water Specialties Inc. Rouse Mechanical, Inc. Thermex Corporation Twin City Furnace Co, Inc. Valley Aire, Inc. Wencl Services, Inc. HVAC Contractor License Rouse Mechanical, Inc. Thermex Corporation Twin City Furnace Co, Inc. Valley Aire, Inc. Wencl Services, Inc. General Contractor License Anchor Fence of NIlV, Inc . Giesen Construction, Inc. John Klem Construction Lindstrom & Son Roofing Quality Drywall, Inc. Spancrete Midwest Company Zeman Construction Company �all/Stucco Contractor License JBL Plastering Inc. Prestige Drywall, Inc Pro Drywall, Inc. � r a*+d�ca��/mree Serv3.ce L3ce*�se S& S Tree Specialists, Inc. $,��i sh '�aL? +��z.��� Action Dispo�al System Inc /BFI United Waste Systems of Minneso�a Waste Manage - Savage A y, CITY OF MENDOTA HEIGHTS �M►i I �► �i7 January 30, 1997 TO: Mayor, City Council and City A�tor FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: Variance for 1219 Victoria Curve (Ms. Lynn Burow) Case No. 97-01 Discussion Ms. Lynn Burow of 1219 Victoria Curve appeared before the Planning Commission at their regularly scheduled meeting on January 28, 1997 to present her application for a variance for a 42" high fence in her front and side yards. Ms. Burow's plans include placing the fence about six feet into the MnDOT right-of-way. Ms. Burow claimed a hardship arising from the activities of MnDOT. MnDOT had taken a portion of her property for the frontage road which left her with a steep slope in the front and south side yards and an unusual configuration for the front lot line. Ms. Burow told the Planning Commission that MnDOT had indicated that they would allow the fence on their right-of-way subject to City approval. Please see the attached materials pertaining to this application, including a MnDOT landscape plan for the stretch of Highway 110 near the Burow residence. Ms. Burow submitted this landscape plan to the Planning Commission on January 28, 1997. Recommendation At Planning Commission's regularly scheduled meeting on January 28, 1997, Commissioner Friel moved to recommend that the City Council grant the requested Variance allowing the fence to be constructed 6 feet into the public right-of-way and a Variance allowing a 42 inch high fence in a front yard. Commissioner Duggan seconded the motion. The motion passed on a 7-0 vote. Action Required If the Council wishes to follow the Planning Commission's recommendation, the Council should adopt the attached Resolution 97-� A RESOLUTION GRANTING A VARIANCE ALLOWING A FENCE TO BE CONSTRUCTED 6 FEET INTO A PUBLIC RIGHT-OF-WAY AND A VARIANCE ALLOWIlVG A 42 INCH HIGH FENCE IN A FRONT YARD, making any amendments the Council deems necessary. CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 97- A RESOLUTION GRANTING A VARIANCE ALLOWING A FENCE TO BE CONSTRUCTED 6 FEET INTO A PUBLIC RIGHT-OF-WAY AND A VARIANCE ALLOWING A 42 INCH HIGH FENCE IN A FRONT YARD WHEREAS, Ms. Lynn Burow of 1219 Victoria Curve has requested a Variance allowing a fence to be constructed 6 feet into MnDOT right-of-way and a Variance allowing a 42 inch high fence in a front yard, all as proposed on plans on file in Planning Case No. 97-0 l; and WHEREAS, The Planning Commission of the City of Mendota Heights met to discuss this application at their January 28, 1997 meeting; and WHEREAS, The Planning Commission voted 7-0 on January 28, 1997 to recommend that the City Council approve this application, NOW„THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Variance allowing a fence to be constructed 6 feet into a public right-of-way and a Variance allowing a 42 inch high fence in a front yard, all as proposed on plans on file in Planning Case No. 97-01 is hereby granted on the condition that the applicant submit written approval from MnDOT for the encroachment upon its right-of-way. BE IT FURTHER RESOLVED by the City Council of the City of Mendota Heights that the proposed a Variance allowing a fence to be constructed 6 feet into a public right-of-way and a Variance allowing a 42 inch high fence in a front yard, all as proposed on plans on file in Planning Case No. 97-01, on the condition that the applicant submit written approval from MnDOT for the encroachment upon its right-of-way will have no adverse impact on the health, safety or general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights this 4th day of February, 1997. ATTEST: By Kathleen M. Swanson, City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By Charles E. Mertensotto, Mayor • � S E McCombs Frank Roos Associaies, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 MEMORAND UM TO: FROM: DATE: � MEETING DATE: SUBJECT: APPLICANT: LOCATION: ZONING: MATERIALS REVIEWED: Telephone Engineers 612/476-6010 Planners 612/476-8532 FAX Surveyors Planning Commissioners of Mendota Heights Meg J. McMonigal, City Planne��l�� January 21, 1997 January 28, 1997 Front Yard Setback and Height Variance for a Fence Lynn Burow 1219 Victoria Curve R-1 1 �� 3. Application for Consideration of a Planning Request, signed and dated 11-15-96. Letter from Lynn Burow dated 11-22-96. Signatures of consent to waive a public hearing. .,Descri,�tion Of Rer�uest Lynn Burow is requesting two (2) variances to the Zoning Ordinance to erect a fence in her front and side yards. As her property abuts MnDOT right-of- way, she proposes to put the fence approximately six (6) feet into the right-of-way at a height of 42 inches. The ordinance requires that fences be located on private property (4.8(1)b) and allows a maximum height of fences in the front yazd to be 36 inches (4.8(2)). Existing Site Conditions � Ms. Burow's properry is located at the corner of Glen Hill Road and Victoria Curve. Her home sits above the road on an elevated plateau. A portion of her property was taken by MnDOT for the frontage road, leaving a steep slope in the front and south side yards, as well as an unusual configuration for the front lot line. The right-of-way is unusually large where it abuts this property. An Equal Opportunity Employer City of Mendata I�eighis Pianning Cammissian Burow Fence Variance January 28,199'7 Page 2 Ms. Burow would like ta place the fence along the top af the slope (as shown on the attached drawing), which would encroach approximately six (6) feet into the MnDOT right-of-way on the Gien HiII Road or front side of her property. h�nDC}T has indicated that it would allow a fence subject to city approval. Ms. Buraw requests a variance to the 36-inch height lirnit as well, as 42 inches in height would cantain her dog. The fence would be set back approximately 34 feet from Glen Hill Road (front property line) and over 100 feet frorn Victoria Curve (8 feet from the side property Iine). Variance C'riteria 'The variance criteria is outlined in the Zoning Ordinance. This property is uruque in that it has been reconfigured as a result of MnDOT's acquiring some of the property, and reducing the front and side yards, In additian, the front yazd is not a iypical front yard in that the home is not accessed from the front, but from the reaz. Because of this, the front yard :�unctions more as a rear yard, and is the only place on this Iot to fence in an area for a dog. Placing the fence an the top of the slape makes sense from a vzsual blending standpoint, as well as functioning to avoid trees in the yard. It appeazs there is a hardslup in this case, in that there are not many aiterna#ives to locate a fence on this lat, and the co�guration of the lot is nat a result of actions of the applicant. Placing the fence as requested will not isnpact surrrounding properties or public safety, limit the supply of light and air available to adj acent properties, have any effect on the congestion of public streets, impact property values or impair health, safety, comfort or morals of the community ar surrounding neighborhood. Actian Req sted: The Planning Carnmission can recommend: (1) approval (2) approval with conditians (3) denial STAFFRECOh�MENDA?'ION: The City Flanner recammends approval of the variances for the proposed fence on the Buraw property to allaw the fence to be located on the adjacent MnDt�T right-of-way, at a height of 42 inches, with the following conditions: 1. MnT)OT approves the fence location and the applicant submits proof of this approval in writing to the City. 2. All other ordinance requirements for fencing in residential areas are met. • '��. � ��a� � ��. `� �..i rf��� :� ������ � , � i � '�; `Z� . , ; ����� � ,��� ,�,�.�,. ;� i. �.,,� '� � . ► �-_ � �� l :l` � " � � � �,� r' � � r � � i , �3 �� ._-� =.��� �- �.�,. ... ��� . -�,: - . ,�, , � � � ,� �� � : �, �f �-�s= � `\ � � ,,�•/�w �. ���� 1� '�i c/ � . N � ���° __%,►,i� � � // • ' � �r ` ,-�':' �� ai'=- - - - - -,z;�-- ---- I�/�.: ) , 7� � :- ' � � � / w!�: \i � ��\ r- . � � j , . — �._'�' `R• r, -���1 ,� N , �• ri I ! , �' � '1� � ,"�.l r�i �. �►'� � r' i �,C� � � �' .. �� � i � ; �t �, �� � ,� � ��� - ,.�� �li i� �,''T'�', ``-� � +��A��;l�IT=?; � 7� �.� ` �� ��� f��� � � r L�'� � —�� �n�n;.!�� � _ �1 ��� ��� � •: � It � �.•.!_ `� . . � � i . � -1: / �.�r � � � � ,,,�e �� t ""'"`--- � - - --- - - t.: a �� �� � — . "� ,,�r ' � f� �1 ��!�' ;J � • .� . � �� _ z���� � . 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Enyineers � Plymouth, MN 55447 Planners 6,2,4�6_6�,0 S�rveyon Burow Variance Request �uro� ���e , ' ��-� va�� av�ce 0 � a O .•r---------�.=Ns�zh�„�oz�oci----------- ;-------- �%' i � •. � � i� � � '-� � � . .-• . = I � i . . ��.:;-• � i w � i " ,,,wj ' � � � 1 � ! sx�� L _ � 1 ' N 88°14'06" E •' � • • � 189.82 "� � � � � -r— — � � 1 3 '� �� ^N O R7Wf�1 11 �• /O LA �► �� O 0 w y� ev/�£ roLE r io�[ �� : c�c � N `� " t • . I �,,�,� .: � c�.� � M 8 14'08" E �� :� 1 ;�L ' ' I i = '' t _. T�:� . \ � STuCCo ` � w�cx our 3 ' � I � � 3 � c^+, y� `� Nl 6 F) � Hq,� o N � I �� � 0 1�! Ni.; ��' �r.>�.f . � . o ,.Z �� Nr• � '�:� �� z � � � � rd �� . � �, � � • . P P° . � , , � �C�CG ; �♦ I �e��' %r .!n /01 I / . L_ f' � l'g ' ' --- 17 . -- . -------- N 89•14'OB' E � • . . 1 r�' 1� /�i� , � . �=��ty u�.� �h,. =u�,�y p�.� or report wes ' PAUL J. A'1cGINL�Y, R.L.S. - �Y �� ar under my dlrect supervlslon wnd a duly Ac�Istered Land Surveyor t�ndec th� Q r Sl�t� ot t.11r�ne�ot� �r ��• O O Ji� r�i� •.��..�*� Tfr.r,teTTA�•1nN N tnnnp � . , : � � 1t3T ta� .,....� 1��iendota Heights APPLICATION FOI2 CONSIDERATION OF PLANNING REQUEST Case No, Q �-- C� � Date of Application Fee Paid _�C� •C`x'��---�,5'��Z_. � e� Agplicant Name: Burow Lyn.n Em i.l' �-e PH: { 612 ) a S 2-$ 2 5 9 tI-ast) tF'ttst) (M� - Address: �-2Ig Victori:a Curve (Number & Street) OwnerName: �row (I,ast} Address: 323:9 'STictori'a Cuxve (Number & Street) Mendota Yeights, Minnesota 55118 (City) (Statej (Zip) Lynn tF'us�) Emila:e � 3�endata Hei�ghts, I�Ii:nnesota 55118 (City) (State} (Zip) StreetLocadonofPropertyinQuestion• Z21� v�=��oria Curve, Mendota Heigrts, MN 551.1$ LegalDe,scriptionofPmperty: The sou�h one-third o�' I,ot l, except the west 15.00 feet' of the south 90.40 feet t ereo , Et1RNS HFiGHTS, accar ing o the recorded pl.at thereaf on fi:le i:n �he o��ice of the Caunty Recorder, Dakota County, Niinnesota Tyge of Request: Rezoning � _� Variance , Conditional Use Permit Subdivision Approvai Canditional Use Permit for P.U.D. Wetlands Permit Plan Approval , Other (attach explanadon) Comprehensive Plan Amendment Applicable City Ordinance Num.ber �•� i�� �1 �' �. p#�� Secrion _ r� I+A �"`�" �' 0 A I� ih fi%01 � rra� Fresent Zoz�ng of•Frogeit�c T�e s. Fresent Use F.e s. Proposed Zoning of Property � i�T .A Proposed Use r:%P_ I herehy de�iare that alt state�zents made in this. request aud e addirion matezia� a�: true. ,, ( i af App2icant} 11-rS �� @ate) �r,.;::t:3� CC: C+j - �1 SL1E;j , 1101 Vietoria Curve • 1Viendota Heights, 1VII� • 55118 452 • 185U � LYNN E. BUROW 1219 Victoria Curve Mendota Heights, Minnesota 55118 (612) 546-I555 (w) (612) 452-8259 (h) November 22, 1996 Ms. Kim Blaeser City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 RE: Chain link fence 1219 Victoria Curve Lynn E. Burow, Property Owner Dear Ms. Blaeser: Pursuant to meeting with Meg McMonigal of the Planning Commission of the City of Mendota Heights on October 7,1996, regarding the installation of a 42 inch high chain link fence on the above described property, I am enclosing the following for review and approval: 1. Photocopy of Consent to Variance signed by all three of the property owners within 100 feet of my property. 2. Application for Consideration of Planning Request. 3. Application for Building Permit and Certificate of Occupancy. 4. Diagram of my property with proposed fence line outlined in red. 5. My check for $10.50 to cover the site plan and application fee. 6. My check for $50.00 to cover the Variance fee. As you can see from the enclosed diagram, it is my intention to erect a 42 inch high chain link fence mainly on the south, west and north sides of my property. I am requesting that this fence be 42 inches in height because I do have a large dog. I would also like to grow some vines on the fence to decrease the traffic noise from Highway 110 (I lost a lot of trees on the south side of my property due to the relocation of Glenhill Road). Because of the steep slope to the road on the south and west sides of my property I believe a fence is needed in order to prevent someone from falling. My back yard has many hills, trees and is mostly driveway, so installing a fence there would be somewhat impractical. I have had contact with Lars Impola of MNDot (phone 582-1447) and he indicated the State does not have a problem with the fence protruding onto their right of way; however, they will not issue me the permit until I receive a permit from your office. I subsequently called � Page Two November 22, 1996 your office and discussed this with Patrick Hallister. He advised me at that iime that I shouid go ahead and submit what paperwork I have to you for the City's approval. I was alsa advised by MNDot that early next spring they plan on putting in shrubs, sumac, and trees an the south side and on the west side of the slopes. This, I believe, will decrease the view of the fence from the road. Please review the enclosed at your earliest possible convenience and if it meets with your approval please issue me the appropriate permit, etc.. Piease don't hesitate to call me if you have any questions. Thank yau. Sincerely, l . t , ;r . �"'" i : �• � � ---_-"- ' � ' �..! . .. t L � (, i. Lynn E. Burow � � 1��T Q� �,.� 1.1� 1 ������i�t�. !! 1�����s� TC} : FRQM: �: 82GNAR'IIRES 4F CQNSE�NT Ft3R„�V RiANCB REOC;EST The P2anning Cammission, City o� Mendota �3eights Property awners of �'�1 "t i,� t �.r o�1 A Ct 1 R 1 Q- �C=en�e. t���h�' �a�� �,��..� � We the ur�dersigned have reviewed the plans Pcr � Z4� U! �-�"4 2�tA- �.�t/�,. � : and understand the terms and conditions of the requested variance for �.�' Gg k�e:i o��."�' We have no�ob�ect ons to th s request and do heraby giv� our � written consent and consent tc waiver o� public hearing. sincerely, NAME (Please Print� � �? No Uo � ���� 6 A-�A� 111 u�- .� � -�..,_��Q�� �-. ���'.-�a ►�) � �A� l2-F��i� �j �� X.- '�j ` Lac.� 2�,ac-a�, Gut.�, t�,� SIGNATU�2E ,� � I �... w...i / rr � w^ � �' il�h.� ..1 _.�� _ - ��j .►. f. . �- � r- t - � �f 4 � !i . �ari / t j � / * ./.��! ..a � / ..+' :..b�_ � `...�.__ _ ..i......� / i� • . � / ,�' , I / , f , ,, J // I _,,;, -' ./ l t ' ADDRESS (INCL. LC±Ti I S� �ra G•�,�f ��D D�r,cD �F I � � Ta %z-,1.�-�G��t'✓ ��.1 � � ,�vt S. , M, ��IqO ,�4�' �.p C-o�c7� �L � c 1�J�Pt,,�, s �Fi,� IIU1 'tl'ictoria Curve • h�%endota Heig,hts, 1ViN • 55118 452 • 1850 � :Y � ��� T � 1 � � 1 � �� '� ���i�C�. �������� � �a: FROM: BIGNA�'i?I3E8 4F C�NSE� FflRr 4ARIA�itCg REOIIEST Tbe P2anning Commissian, City af Mendota. Heights Property Owrfers of_ r'� 1`? l�Ic_.f o�r A Ct ��'_ U� _ . �: I=e �t c.e. t-� e� � h t' � a�� �� c..�e ^ We the undersigned have reviewed the plans �'or __ � Z l� �! G.�4 �2 t f�- �/��� � : and understand the terms and conditsons of the requested variance for �=�csY_. �e,; ��.�" • . . we nave na obaeczions to uiis requesz ana ao ne written consent and consent ta waiver of publia Sincerely, NAME �Please Print) ��. NO t-0 �%�� 6 A,eA- 1� 1 UL- l.�_...__�,� /'. t � i'���J�- C. ���'-�a ►.) � I ft �,j. K-. LA�J R��.�, C,Ul..Zt L�A-� �� ' ' ' � �►,,� :�' �� � �____ _, 1 ve our a, ADDRESS { INCL, IAT i (� i ' 11 ,r. � � , # ��11/ ' " '�' i � � :.� � / i � �1 l � , �M lIQ1 Victoria Curve •Ni�ndota Heights, 1t�.N • 55118 452�i850 � � � 1��T � C}� ♦ � 11 1 ������i.i�t�. �! ��i����s� TQ : FROM: �: $IG�T.�1=I'tJREB OF CClNBE�N'�' i�'dR VAFtIANCS REOIIEST The P2anning Commission, City �g Mendota Heights Property owners of �'2i 7 �tc_.l o �� � C� � � �J � !=e rt �e. t-� � 5 h �' � j a �; �, � �...� � We the undersigned have reviewed the plans �cr _� Z 1�J � � G�9 (Z � R- C-Gs�� � • : and urtderstand the terms and condition� of the reques�ed variance for ��Ge�, �-}e.i q�.'�' We have no obaect ons to th s request and do hereby give our � written consent and consent ta waiver of public heazing. Sincerely, NAME (Please Print) . ��. NO L.D �' I���,6 � t� 1 C.� �-�—��o��' s ���'.-.�-� +.) � �A�l��A�.,� 1) �� 1�.. LA�J R�,ic.�, GUt.�f G»A-� ����3i��1:i�i l ' .� . . � .- ADDRESS (INCL. I�OTi lS� 4�a GA�f� �o� D�� �;jL'�. 1 �'.1�-' �T ,21A-�r,�d�.� �t'7 r �? -�" �� �',� /�Vt ,S. %y% � ��9� ,��' Co �.�,ax�� .�C � c Nt#��,�. s ��� 11U1 Victoria Curve • 1Viendota Heights, h�.N • 55118 452 • 1$5Q c� ���u�cates 3�4 irich Irvn set • � ma�ked with R.L.S. No. 16099 >��� ��Lj (..�L� o indlcatea 8rasa Dlsc Monument laund �-, f �'1,.� a � � C.�/ j'�i � --- `�,. t�-' � � � �r 4 �� i d ,�' � O.•T_' ` _ _ ` .._ _ _ _ ._ .�ti_ Noc�hll��`e o`i-Lat j _ _ _ _ ._ ._ .,... _ _. _ � �_ _ . ' ! 1• ,� � t t �• .:.t � s . --� i i • .—' � � � Z � t . . �,. f,..,.; . .Y. ,� . � ,,;, i ' I f • i r� _ � SN£� ...� � �• � t ;' tiJ � . N 88°14'06" E 188.82 "� - ,� � -r-�-- - �----= - �— - - _ -- . � � � 3 �.o , �� av��t� o � °� �y � � �, 11fIA� o � ��,,, `� �V �: `ti �c�n ��� N 8 a14'ia6" E �' ry 15. ` '' Z .;.� � :� �� _.__ . � ._._ . ,' � � � ( ( � � ! a .� 1 ``� � iv 1 ' �`pa r R.. ' q � p�j U 1� � t � � � r � ' ��. t f STuCtO w�cK our y ��� ` i �� 1 �♦ � �c•�t�Yr".1n �0,1. ♦ � ,r� ♦ t b � '"`.....� `�w. '` � .� �owE�t� ..� ,,.- - � POLE �-- '� • � , F Ll� `' Nt b �� � ���� l..! n1l�: i�' �/'->-'.� . - 1r�►.a� -__ N 89°14'OB" E f % �Lt R Northerly R1W Ltne S.T.H. No. 1i0 a�t manumented by Mn. D.O.T. � :t�iY tl�et thle aucvey. rt�►� o� r��oit w�.� � PAUL J.111eGIItiiL�Y� R.L.S. - '�h� or under tt�y direst supervl:lon and ReQisttred Lr�nd 5urveyor {sadec th� , ot 2.iinnetet�,. �.___..�L` ,�,�, �.+1fit*t r.r;lcTti ��'IrtN k!' innn� a. CITY OF NiENDOTA HIIGHTS �:� • February 4, 1997 TO: Mayor, City Council and City Administrator FROM: 7ames E. Danielson, Public Works D' to SUB7ECT: Paster Enterprises - Fxcess Right-of-Way Acquisition DISCUSSION: Mr. John Streeter, representing Paster Enterprises appeared before the City Council at the January 21, 1997 meeting to report that Paster Enterprises had acquired the underlying fee ownership for MnDOT Parcel #36 and to request that the City Council authorize MnDOT to sell their easement ownership rights of this same parcel to them. Mr. Streeter reported that it was Paster Enterprises' intent, once total ownership was obtained, to try and locate a"sit down" type restaurant on the site. At that 7anuary 21st meeting Council informed Mr. Streeter that they were conducting a workshop with the Planning Commission on Saturday, February lst, to consider the status of the City owned land and the MnDOT right-of-way located north of TH110 in this same area. Council also informed Mr. Streeter that they would be willing to expand the scope of the workshop to include discussion on the right-of-way south of TH110. Council also asked me to analyze how much of the MnDOT Parcel that Paster Enterprises was asking to be released should continue to be reserved as right-of-way (see attached letter). The workshop on February 1 st resulted in Council directing staff to further analyze roadway and funding options available. Because no final plan for the area has yet been� arrived at, Council felt that they could not agree to release any of the right-of-way at this time. ACTION REQUIRED• Meet with Mr. Streeter to discuss his request for release of MnDOT Parce136. CITY OF MII�TDOTA HIIGHT5 � r� • 7anuary 28, 1997 TO: Mayor, City Council and City Administrator FROM: James E. Danielson, Public Works Director 5UBJECT: Paster Enterprises Excess MnDOT Right-of-Way Acquisition DISCUSSION: Mr. 7ohn 5treeter appeared before the City Council at their 7anuary 21st meeting to request that the City authorize MnDOT to release parcel #36 to Paster Enterprises (see Parcel A on attached map). At the meeting Mr. Streeter informed Council that MnDOT was � reserving (adjacent to TH110) an additional 100 feet of right-of-way from this parcel adjacent to TH110. Council directed me to investigate further on whether an even larger amount should be retained. Because Parcel A has a 60 faot wide City drainage way running through it, and because development of this parcel could restrict access to the drainage way, I recommend that MnDOT or the City retain right-of-way extending from the 60 foot wide drainage way all the way to TH110. I have marked on the attached map the amount I recommend be reserved for roadway/clrainage purposes. RECOn�IlVIENDATION• I recommend that all the right-of-way extending from the 60 foot wide existing City drainage way northerly to TH110 be reserved by MnDOT or the City for roadway/cirainage way purposes. ACTION REOUIRED: Review the recommendation and determine a course of action. Formal action on this request would need to occur at a regular City Council meeting. _ �t�a�..�' a s„ri r�...an..� ,�� _ - �n� t+Y n M[ sw �/• :� N: •. ;:. -- . -------- -�.---=-. ��;n � ____ � ___.,/� �. r' '� � � � L_ I j, `� / 1•�� , k�f \i � �. �, ! `'� �.'��. SpJM aM �Y' r4' w.wnr rc.J �7v' Jr 'n �w f� a JP '.r :+ i�� I� .JO(%IF/ PLA2'I� Gt4/'VE' S�V:� lK U�=�Y !f1 y]f f[ZlVN j$ �t.`1'�t' O� 1/��lAA� 1�.endota � I-�eigl��s _t 1'101 VICTORiA t`t IRVF • �D1.C� r��'Y.-� '"r0 �1G -��T�E,tl�� F'a2 Ro,�i��� sr�r� ne�wx �r,��,nrar �ro _„��'`GE_ ��,'�� ...�, � \ � '� { 11; ; �TA HEIGHTS � 1; . 7R HOUSING � ; ; i r � , � � I ' 1 PASTER ENTERPRISE REQUEST TO ACQUIRE EXCESS HWY 149 ROW FR(�M MN DL1T . 1 /14%97 �' CITY OF MENDOTA I�IGHTS �� • January 30, 1997 TO: Mayor, City�Council and City Ad ' FROM: 7ames E. Danielson, Public Works Dir SUBJECT: Beckmann - Antenna Height Variance Request Case No. 96-26 DISCUSSION: At their December 3, 1996 meeting, Council conti.nued consideration of a request from Mr. Paul Beckmann for a height variance to allow for the construction of a ham radio tower and antenna. The maximum height allowed for structures within the R-1, Residential Zone is 25 feet. Mr. Beckmann's tower is 33 feet tall with an antenna mounted on top of it that will rotate and extend another 9 feet in height when in use, for a total height of 42 feet. The City's 120 day review period was due to expire on December 12, 1996 and Mr. Beckmann had been unable to supply the City with all of the design specifications for his tower to allow a review by Mr. Geoff Jillson the City's forensic structural engineer. Mr. Beckmann, therefore was requesting a continuation until a January meeting to allow time for him to submit his information for that review. During the course of deliberations that evening it was also concluded by the City Council that they desired a radio operations expert be consulted to answer questions about neighborhood electronics interference with ham radio operation. Mr. Bellows, Beckmann's attorney therefore agreed to a further continuation to February 20, 1997 to allow time for a review by Dr. John DuBois , the City's radio operations expert. Both City experts have now concluded their examination of Mr. Beckmann's proposal and specifications and their reports are attached. As a result of recent media coverage, of the use of scanners to monitor cellular and cordless phone conversations, Council expressed a desire for information about different levels of ham radio licensure. Dr. DuBois has informed staff that there are three levels of licensure for ham radio operators, those being novice, technician and general. Each of these types of licenses authorizes individuals to listen to short wave radio transmissions. I3am radio transmissions are broadcast at higher and different frequencies than cellular and cordless phones, therefore, there is not likely to be any interfence, as discussed in Dr. DuBois' report. Dr. DuBois has informed staff that cellular phones and cordless phones are, in essence, radios and their broadcasts can be monitored with scanners that are available at electronics stores. � The City Attorney has discussed legal issues regarding federal rules regulating ham radios at previous meetings. While he has not prepared any written briefs discussing the legal issues involved, he will be prepared to address any legal concems that Council may have at T�esday night's meeting. RECOlVIMENDATION: The Planning Commission on August 17, 1996 voted 5-1 (with Tilsen absent and Duggan opposed) to recommend that the City Council deny Mr. Beckmann's application for a variance of 8' (or 17' when the rotated antenna is included). The Planning Commission further found that the proposed 17' height variance for an amateur radio antenna and its attendant support structure at 1882 South Lane as proposed on plans on file in Planning Case No. 96-26 is not necessary to alleviate an undue hardship or practical ctiff'iculty as specified in the Zoning Ordinance, will have an adverse impact on the health, safety and general welfare of the citizens of the community and the surrounding land, and would be adverse to the general purpose and intent of the Zoning Ordinance. ACTION REOUIRED: Review and discuss the findings within the attached consulting reports and then if Council desires to implement the Planning Commission recommendation, pass a motion directing staff to prepare the appropriate resolution of denial for consideration and adoption at the February 18, 1997 meeting. 0 T!t'r. I'a;�Ds Qi� :•!i;";I)cYr:1 Hh.(:,HTS I}i:C1.Ri2ATZUtt QF G4VF,fiFnttTS, CUNU1Ti0i1S A�71) ItESTi:lCTiC)i!$ ThLq UCC.L:1[:1C1011� mzcle :tiicl entez'ecl i�iCr? thl.^. 1 �G dny uC Uctob�r., 19:;7, lay the i'rr_scrvc ot West St. Youl., :� �flnncsoen F:ir���er.^,ltlp; :tud fudr��,��n�innt Sc}iovl Ui.srict No. 1�7, z Mi�ssicijtnL CcarPortition; isave cati:;cd L•t�e C�rll�r:.r- ing,: ISUIF.UI�+G t�iit} USi: F�I'sSTRiCTi.{}15 Sectian I. i�rchitec�ural Contr�.+l tio UulldLnp,. Cence. •.::�1:.. ��:it ir� ar otiier ST.t�cL'ure shail Ue commer.ced, in:iinkaitied uaoti thr. lpl'„ s�cr ::t�:il l nny nddie.ic�n C;> oc���h�nFc or aJ.CcrrtCic7n Chcrcln bc n;�dc un�t.L tlie pl:in:: hnd speciticnt.luus showln}; the nnCure, kl��d, sh:�pr_, colar, he(y;ht, mnterial.^, .�ncI lvcutlan o£ tl�e same sh:t11 tinve beeci subir.Ccted to �ncl . nVProved in writing lay the ArchiCeceu[ii Committee. i+�� buil<lin}; per:nf.t sh:ill Ue i.^„ueci until � me�nber of the Ar.chleectur�l CorimiL'tee hns ,Ij;ned Ltie p2�ns and specif:icaCio�is for Cf�e l�ouse to be built, ` 'Phe ACciii.LeCtui':tl Cc;r.mLtCcr. sh�].l. be compri .ed ot the develo���•rs � # named i�ere3.n �nd such per>ans or nddition�l memUers thcy m:ty c1e,i;��i:�Ce. , Saitl commitCec sliall rem�in in exis,tance uciCil all of Ctie loC� .Li� 'flic F'nnds of Mendota 11eJ.FhL> �r.� on po^.cr ,ion ot � ho:ic, <�r unC [.L iTc<<:inbcr 31 , ; 199U, whichevcr LirsC occurs. . e ! :•��titin 2. Iir.,ide�iL'ia1 U:;e. �to I.oC or Ilou�e ,Iti�l]. bc c.^.eu exci:Iat I for rc;,ician�inl purpc>sc. , Section 3. Ho f1or.Lous ActLvL�v. tio aoxiou.^. er uLCen.iv+: nc�Lvi- C:c, 3f��L.L Ur_ conducC�d �ni nny I.ot' or t.ivl.uY, Unit. nu: .^,h:tl] �nyCht��,; bc � ctonc thcrcon MhLch m;iy t�c or Ucccme �n ni7noy�ncc or nuL;nn_c to vtl�!:r U�ners. s Sec[ivsi 4. Cncisn�;e and i?e.nse tir:nov:t�.. t:o I.crC :zi�nll be �i:i•il �+r m:i inCuL::ed :t , � diimplitF $rudnd fv: rulrbisi�. Tra.^.h, f:�ri��F,c or nth�•r u�::Cc t:h:it2 ttuC he kc;�r c:tcc��L 1�i s:�nCtir.y conC�I[icr.. Srctivn S. i1u Atitt:�:�i:: iiiccpL' Fr.t^. :to f�>�.+i. :intm:i::� u: ::�::�•i•L:: ::h�3.1 be kc;�: on 1ny Liv.ny, Unit or Lot r.xce pt duFs, c::ts �n�] othcr common itousr_itold peC:,, yroviucd ti��C Cl�cy �rc ncC Ic�;+t, t�red ��; s::�;ntainr•d Cor �ny cou�:nerct:ii t�ur�v::c�. . :icr.Clon fi. 1'ruhl!�ItCd 5t.'uctti•-�.::. ��u c.r�:cGur� uf n Lr;��,n;:�r:. cli�r�cCr.:, trailcr, bisc:nr.tit. L�nt� ..�iac'r.. �;ae�};c ur ��[;:e:, t�ttU�::i�;i Cxr.cpt � perranent rr::ldc•:usc, shall l:� u.^.c�S vn :i:r: i,ot �C any L:nc ... �:rs:+idr.ns.r, r1.tLr,r Cr����o::t^ily u: pr::nar.uCt;•. x,� u>>r::t;l�ii^ ur �r.�::+- C11:SC(I vchiclr.�ti na;+ bc ::carnci ou nn� lrc. Yu da,:�:.i�;�d Lnr'r, y:::d .;n:n�;•. :h�:Q nny �ir nr�,C or� nnl in:. :7c� r.n:�s,�•r. �nLn:iinr•ti•� r,•rr�•:tt!•,n::i ..:;r;�•, bnaG. CtnlSr:, lr�u:, nr 4:�tt:i r:�� h�• r:iri:�•il ie� t'�•• i: .:i:. „f :�:�•: ?s�.��•:, fvi l��t:y;�rr [h�tt 7.�+ hnut'n. :ir�•[1<,�i 7. �iw!rl m��l ;�i2r�i u•��•. 11:: �:,ie. i�r7�•!» rn�tvlL!�•,t.tn•!::�:. nny l.tvint; l�nit m.iy bc u•i�•i [nr n:����:�. ;:�a:7y r�•�:•:�•urr ..��l,,... , . (ur n r�:ii �+�t � � ��1Ctr• v1:!f r�t�. ..:�. �; .� . :t.-, . .� , •i ..�:. , . �1C•lPll�i�r:�•�tt �`1•: ���t! .,; i�i� :1rt � ��• , . !: � r,:. ,. .•t . -. .�•e•: . ." G ,; � Y ✓ � S�cCic�: 3 lla:ar�i��u� lct �ie� i':'n:• �rc ti, C�•,,. ..;i.i3� •i,,:i; in ar per-�:� :i:r; acCi�:iLics ln ::is L:•:in;; ;'r.e[. ��: r.:�:a�:iin vr ;�cr:�it :n}• condi[i<m�: in h;s i.t:•i:i,r, (':itt, wi:ic:: -=n:i�l i�,, cn;;::i�trr��:i c::.r.e-i:.i: i•��l- ous by firc iii:..ic•:incc cu�a�•:inic� u: vou!d :�civecc�•iv :�E:�:ct C;:c in:;u:.i:�i!:C�. ef the Li�•in;, U:ii:. � I.u[s 1. Z, 3, � :. G. i. 3.' 9, lU, ii, 1�. _i�. i; Ih. ii. �:� :tr.�i It�. Aloc:c L; i,oCs !, 2, 3:�n:l 4, H1nck �; al.l. in ih�t i'ond al' :l�_ndc,[:i iici�;�ts. ' IC i� thc inten.ian u: t!ie;e co�•enant� te, subject zli �•C Cise rii,e.•,• r.:i:•�•1 lo[s [o thesc l:ovenants anu Acst:ictian�, [;:c ��uncrshi� of w;iich is .�•t for:h. ':i1L PiiESiiR'J� UF i+r5'f ti'('. i'�\ul. It:UEf':::71)l;:i'C �C!iU01, i)i5"ii:IC'I' ::�1. I�?] _ ' ____ ' �:�' � 7 �Y - __F' �• — . � � . : � " '_..-- ��{c-a_ �.� 7� ��t � ' ' --� r--... _ �,ti1��_Iia�! i�.i��-�• Ch:iirr.;,... �. ^� _ ; � � � ) r ' � , � `i 1'"t � .�. Cla:.. } STA'CE UF �fINPtF:50TA ) ) :;5. cou,�z"i o� K,�:tsf:�t ) . 1'lic forc�;oing was Zcknoatadged before mc chis ��"� d:�y of �ClcG�� ''i9`�7, UY i1jiL'��ac_I ��.trj-� .[he i'nrtncr oL 'Ciic Presc.vc c�f k'o::r.�SI�• Faul, � Partnersiiip tinder tiie laws af the Stac:e e£ M?.:i�osc>t:i, o;i b�:ii:�l: c�C the F'artncrship. �r�. ��I.M?INtiVS<Y.•MV�h` .'�?G:�il � / � _ _ , __ DiAf�Nc h•t. SULZ�A�.H � ���= ��• '% % � i . �, �.. !� � �.� NOTJ+:YFUBIIC•�dINNE50Ta � tinCar• 'i'ubll! � fi= ` F��NIScY COUN i Y� A "`g�i `.4y C�.^mrnbrlcn Ez71r.n N:g. &7. t o0 �7t °'ao�0A7v`M :bfM!�A!'A90�P09S1bG�pC+;`4� .M.?t�*dMrl .iTATI: OF �`fLf�]JESO'I'A ) ) SS. � CUI:M'1'Y OP � �: ' ' • j , 1'he Coref;oin�; was acknowle:IFed beCer� me tL[s _� d:iy c,( •.. -�-•-- 1937, hy • • _ �nd _ . . ----- [hc %i� . • � , :ind ' � _ of In�c��.ndent School I)i:;t:ic� Nn. 197. n Alun:cL;+al (:r,rp�,r:itfo;i u�,dcr lh!• lna:: o[ Cfic S�ntr. af. tdlnnc��ut:i, c>n brhn(L <�C Chr Pinnt�t��al (:c,rpiir:icl����. � � D ::: A l.i.1AAA.L'�11d.W1+1A1A.1;..1...aAd 1L`A � ' a KFISI��NE SCHO�JEdAU!.1 > �7ti G:71^: !'uh I 1 C : � � �� kOtAP.Y 9UBLIC • MI:1'.ESOi? p " �" •tl YIASHINGTCN COU��'•'f } � '1,... ;��' �� �ey Grt:m�a,�an bour., 6�ot. t0. �93; r �� .Y:Y , ...17yt•y••7 . . . _" � �t � r{ �tl 1,' � �� r�'��L�,«t �._������_� i����:��_.. , � ,, ..'�'i�fc, l,'y;��,:.(��., %'s�_: ._.,�'�..._. ;'i �:; `.� 1,- C-, ��Ca;)..i ; �c-,_. �`-{�r.��.. .,�. - : :�' _.. ,:�;.., , , , . ^.,;.... „ . .. ' . .. �:iti�'�!'e):� u�.. .i'j4�A`�1�..:Y�S.%t'1 . ��.� �. - % _ � t . . :� • .. . " . _. ' . . • . . . . . .. . . • — ... 17'�`� �(i: �: � .eF.�:�ti" . �/ � � A� Q. ! � / � l�' � � � � � A �,i � �.�, Dear Neighbors, ;�.�'-��'' , , ��L� �` , � t. � 28 August 1996 Paul 7. Bechnann 1882 South Lane Mendota. Heights, MN 55118 As you l�ow, I have applied to the City of Mendota. Heights for a variance from the zoning orda.nance to erect a proposed antenna support stcucture or "towe�' for my amateur ra,dio service operations. I spoke to ea.ch of you just after applying for the variance and explained my plans to the e�ent I perceived. you were inteiested and, in most cases, obtai.ned. your consen� My recollection is that I asked each of you to get in touch with me if you had any further questions about the project During the Planning Commission hearing last night, there were questions raised about how inforniative I may have been, suggesting that I misrepresented the project and skewed the impact you may have penceived it would have on the neighborhood.. The first drawing in the stack I had on my clipboard was a`�lan view" of our house showing the fixed part of-� the project, the tower and a boom What was shown in another drawing in the stack was a representation of the three antennas I initially plan to attach to this boom to allow me to communicate through amateur radio saxellites, satellites in Earth orbit that are fimded and built by amateur radio operators world wide. ('The antennas might change over the years reflecti.ng the experimental nature of this endeavor.) Because I have designed this installation for the purpose of communicaring through satellites, the antennas would have to rotate both in compass direction and in elevation, from the horizon to overhead. 'This rotation from the horizon toward overhead wouid result in the antennas extending above the 33 foot height of the antenna support. I have analyzed the position of some of the satellites and can report that 70% of the time they are withi.n 30 degnees of the horizon. At 30 degrees, the additional height above the support would be about 3 feet Maximum height of the tip of the antennas when pointed direcdy overhead would be about 42 feet. �This is 9 feet above the upper ridge of our house.) When not in use, they would generally be stored in a horizontal posidon at about the height of the upper ridge of the roof to mi r,;,,,;�.� �eir visibility. Let me assure you this plan represents considerable compromises to my communications capability in an attenipt to m;nim;�P the visual impact of this sbruct�ue and antennas on our neighborhoai. (A professional communications engineer helping me on this project suggested a minunum height of 72 feet for the antenna support.) There are locations for the antennas that would not require a variance, for exa.mple, if they were mounted on the roof of the house, I was told. These would make the whole system much more apparent from the curb in front of our house. There are also locations in our back yand that would hid� the system completely from the front curb but would be appazent to those of you on the pond w�.th us. Some of you ma.y be concerned with Radio Frequency Interference from my operations. While I can't tell you with 100% certainty that somethi.ng would not come up, that's only because nothi.ng is for certain. I can tell you that the power levels I intend to run are around 100 watts (the legal limit for amateur operations is 1000 watts. Conunercial broadcast stations run hundreds of thousands of watts.) I can tell you that I have chosen amateur radio sa�ellite operations as a target for this proposal partly because the frequencies involved are far less likely to interfere with anything in your household. (A hair dryer or vacuum cleaner in your home would be more likely to interfere with me than my � transmissions would be to interfere with your appliances!) I can tell you that, because I am licensed by the Federal Communications Commission (FCC�, they can bring an investigative process to bear if my opera.tions may be causing interference. I can tell you that, in the nearly 30 years that I have held an amateur radio license, I have never had a complaint from a neighbor, still, I am always willing to try to help if neighbor thinks my operations are causing interference. I've enclosed. a copy of a Joint Resolution of the 103rd US Congress that outlines some of the real national contributions the satellite activities of the ama.teur radio service have made over the years. I've also included a copy of an FCC document, PRB-1, outlining the azguments pro and con local regulation of antennas for amateur radio use. There may be something in these of interest to you. Hopefully these documents will help clarify the aspects of the amateur radio service that the federal government has found to be in the national interesL Some of you may have felt that, because you had consented to the variance, there was nothing left for you to do and, even when questions arose, you did not contact me. I ask you again to contact me if there are any questions in your mind about my proposed pmject I also can help answer your questions about visibility of the antennas when they _ are pointed in different directions throagh the use of a computer model of my house and the antenna support and antennas. � The next City Council meeting on Tuesday evening, September 3rd, which is a public meeting, will consider this variance. I lrnow this is a busy time of year, with the summer coming to an end and the lads all going back to school soon. I invite you to come to the City Council meeting, though, and voice your concerns andlor support for my endeavors. I plan to be in town all weekend so, if you'd like to spend some time going over the project with me between now and next Tuesday evening, please give me a call (452 7145�. Sincerely, � cc: Planning Commission, City of Mendota Heights �! '� Page No. 10 November 19, 1996 Councilmember Krebsbach asked what Mr. Beckrnann does as an amateur ham radio operator. Mr. Beckmann responded that he engages in operation as he is federally licensed - in that part of the FCC description of the amateur satellite service. He explained that what he does is a service rather than a hobby, and as he submitted in his early application, there was a joint resolution of Congress that specifically dealt with amateur satellite service and which describes fhe activity he engages in. Mr. Beckmann read portions of the resolution for Council. He explained that he engages without pecuniary interest in the amateur satellite service, monitoring telemetry of satellites in orbit and assisting in the design and construction of satellites and enhancing the base of trained individuals in the United States. He informed Council that he has written on a satellite that will be put into orbit in April by gathering information from other sources. He stated that he has a very rudimentary station now that is not capable of communicating with satellites. Councilmember Krebsbach asked Mr. Beckmann why he needs the antenna if he is getting transmissions now. Mr. Beckmann responded that his purpose is to engage in the enhancement of reception around the earth. He clarified the statement by using the example that individuals can receive communications from Europe with a crystal set under perfect conditions, but he stated that he has very limited capability currently to engage in a similar practice at this time. Councilmember Krebsbach asked Mr. Beckmann if he is at the point that he is contributing to a writing about satellites. Mr. Beckmann responded that he is getting his information from individuals who are designing a satellite which has not yet been launched. He informed Council that he is constrained not to gain financially through amateur satellite service. Councilmember Krebsbach stated that in his letter Mr. Beckmann stated that he could accommodate his needs without the antenna by placing antennas on his home in different locations. Mr. Beckmann responded that he could do so but that the Mayor has commented on the aesthetic impact of antennas on the neighborhood. He stated that if he were to conform to the 25 foot height limit, it would require him to erect multiple antenna support structures in his yard and on the garage. He explained that the � Page No. 11 �' November 19, 1996 requirement is that the antennas have a clear line of sight to the satellite, so at 25 feet the roof of his house would obstruct that line, as would the roofs of his neighbors homes, so he would have to have multiple looking points in his yard to achieve what the tower would. Mayor Mertensotto asked whether Mr. Beckmann's house is in the wrong location for optimum communication. Mr. Bellows responded that if this is not a proper location, there is none. He stated that the tower is only 33 feet tall, and if cannot be placed on this lot it cannot be put anywhere. He stated that Councilmember Krebsbach has talked about 25 foot high towers. He stated that at least three to five towers would need to be located around the lot to accomplish the same communication as the proposed tower. He stated that this is a perfectly appropriate and proper activity that the Minnesota Supreme Court has indicated is a normal and incidental use of residential property. He further stated that an assessment from a professional engineer has been submitted that deals with the fact that this is far from an optimum situation and is a clear compromise. Mr. Bellows stated that the structure of the tower has been changed and the tower has been moved. He explained that this a huge investment in time and emotion for Mr. Beckmann, and that Mr. Beckmann wants to make sure that it is done properly and confortns to the building code and proper design. He stated that there is clear technical evidence that this is a compromise. He stated that at the last meeting, one concern raised was the impact on residential properties in terms of property values. He stated that during the discussion, the City of Edina was used as an example of comparable values, and informed Council that Edina allows 62 foot tall towers. Mayor Mertensotto stated that Council is talking about residential values, and the city has the highest value in Dakota County, and while Edina may allow antennas, a tower larger than 25 feet is illegal in Mendota Heights. Mr. Bellows responded that there are no covenants or restrictions that prohibit the tower. He stated that the proposal conforms to the comprehensive plan and the applicant is not talking about anything that is outside of the city's ordinance. He stated that the ordinance provides for the variance process and Mr. Beckmann is asking for a variance for a tower higher than 25 feet in a residential area. He further stated that the applicant has submitted information that twenty-feet would not provide reasonable accommodation. Page No. 12 November 19, 1996 Councilmember Huber stated that the information indicates that if the tower is not 100 feet tall there will be interference. Mr. Bellows responded that the engineer indicates that the proposed tower is far from the optimum, and an analysis on a 25 foot tower would be that there would be no communication at all in several directions and would render the antenna useless. Responding to a question from Councilmember Huber about the new phase three satellites, he stated that there will be more time when the new satellite will be higher than the others but not at all times. Mr. Beclanann stated that there may be a phase three satellite on the drawings boards, but it takes about ten years to build one. Councilmember Smith asked if the satellite which will be launched in the spring will increase Mr. Beckmann's ability to communicate at 25 feet. Mr. Bellows responded that that would be like saying yes, you could hear the radio but it would be locked on one station forever. Responding to a question from Mayor Mertensotto, Mr. Bellows stated that the antenna must be located on the Beckmann property because this is highly directional and the antenna must be pointed to the satellite to be effective. Mr. Beckmann stated that it is clear in PRB-1 that antennas must be allowed. He felt that one of the things that has exacerbated the problems is the lack of a clear message from Council. He stated that Council made it clear that the city spent much money on the Pentel lawsuit and the city has not established what the limits of its authority aze. He stated that his neighbors are clearly unaware of what authority the city has. Mayor Mertensotto responded that many times people have come to ask for antennas and Council has suggested that they go to a more appropriate location. He stated that there are few antennas in the city. Mr. Bellows responded that the applicant is providing a solid engineering basis and a solid legal basis that he has made reasonable accommodation. He stated that this is a totally non-paying operation and there is no aspect of it that has reimbursement - it would be a violation of federal law. He explained that Mr. Beckmann has never talked about expanded or commercial use of the equipment and has only talked about expansion by modified antenna in the future. He stated that a letter of objection in the Council agenda was from the �V �� � E N G! N E E R 1 N� COFiPORATION 1002 Mainstreet Hopkins, MN 55343 6'I 2-933-6'E 61 CITY OF MENDOTA HEIGHTS 1101 V{CTC}RtA CURVE MENDOTA HEIGHTS, MN 5511$ fi i� iV; Jiivi DANIEL50Ni MECHANICA L STRUCTURAL GEOTECHNICAL MACHINES FOREh1SIC � t _ 3ca - `2�i ��g �„i January 28. 1997 ' RE: Beckman Radio Antenna Tower Permit Application Engineering Review Guy Engineering File: 96-049-015 � Pursuant to your request, we have reviewed additional materials submitted by Engineers for Mr. 8eckman as relate to the above referenced radio tower canstruction permit applicatian. The package of materials inciuded �design calcutations and a letter from R.W. Rentfrow, Engineer for Beckman, dateii December 12, 1996. � � �� � Our comments follow; � -� ~ � � � ' � ' � ' � , 1) 2) The basic design of the foundation and loads are acceptable. The depth of embedment of the foundation and proximity of the proposed antenna tower foundatian ta the main house foundation is nat sufficient for the following reasans; a} The proposed faundation is laeated in a zone of probable backfi{I soils ar partial backfil! soils associated with the construction af the original fioundation far the main house. This condition will likely result in variations in compactian of soils which support the ` praposed foundatian and therefore we wa�id anticipate differsntial settling of the nro- ' pased �tower foundation. b) Although depth of embedment in the ground is sufficient to meet the requirements of the Building Code as relate to minimum depths far frost protectian; this office has determined that small isalated foundatians of this type which extend above grade in un- heated facatians act as heat sinks which results in substantially increased rates a# heat loss and localized freezing which then causes soils and accumulated water at bases of these types of foundations to freeze resulting in heave. Accordingly we recommend that the foundation depth of the propased foundation be lowered to a minimum of five feet be�ow grade and that the faundation be founded on compacted sai(s and not in backfill zone soils. This can be accomplished by lowering the foundation base. Based upon the size of the praposed foundatian and proximity to the existing faundation it is likeiy that the base of the foundation will require lowering to that of the faoting for the main house faundation to as- �- Guy Engineering Corporation File No. 96-009-015 Page 2 of 2 sure being out of backfill zone soils. Alternatively, the area can be excavated to footing level and backfilled with compacted granular soils to a depth which would found the proposed foundation not less than 60 inches below grade. We trust that this review will provide you with the information that you require. Should you have any questions, please contact this office at your convenience. Respec ull , � �Q2�_ 'eo"' ey �. �Jilison, P� Principal GGJ/ph �"t. t � JQHN R. Du601S REGtBTERED PROFESSiONAL COMMUNiCAT10NS CONSUl71NG ENGINEER ' 23287 ROUND E.AtfE ROAG Nfit+Y AUBURN, Wf 5�3?Sf January 30, 1997 iVts. James E. Danzelson P.E. Public Works Director CatjT O�M811('�OtB �I81$�it5 ?50 Plaza Drive Mendota Hei�hts, MN 55i20 TELEPHONE (715) 96?-2321 fAX (T!5) 9�7-^..22� By FAX on 1/31/9� to 6I2-452-8940, 7.Zef: Planning Case No. �6-26 Dear Mr. Danieisan: This is my report and recommendations in response to youx letter anrl attachmenis daied i3ecember 11, 1996 regazdir.� City Cauncil Action on the Ham radio tower variance request from Mr. Paul Beckmann at 1882 South Lane, Planning Case #96-26. �in reviewin,� the rnu�nerous Ietters from Iv�endota Hei�ghts residents and neighbors ofMr. Beckmarua, the major areas of concerzz and reasons for rejectiQn of the vari�ce request are: Effect on the neighborhoad aesthetics and the consequential concem about reductian af properry values. Safery isse�es re,�arding the ha�ards to children fram climbing the proposed tower. Radia interference to home entertainment equipment such as telephane, television and radio bros�dcast reception, garage door openers, etc. Structural saf�ty concerns. - : I�..�. . '�'he majority af camplaints ar�,t� negative comments cortcenung the variazzca request appear ta be the beliefthat the tower's appear�nce wilI deteriorate properry vaiuss. The proposed a,a�t�aua structure, in the simplest terms, is a 30 faot high self-supporting metal tow�r, Rohn Model SSG, tria�r�g�zlar shaped tower, 18 inches wide on each of the three faces. On tap of the 30 foot tower, Mr. Paul Beckr�r��ux propases to mount two antenna rotating devices so that the three tap motu�ted I;THF ante�;�ag can be clirected in the desired precise direction of commuzucatians. Rotation must be possibie in a�zi�muth and elevation in order t�r accornplish the �iecess�ry ant�nna "paintir�" that is required in the special pursuit af communicati�n,g to other radio am.ateurs {"Hams") via the Orbiting Satel2ite Cat�z�yin,� Amateur Radia {OSCAR) system. There is nothing exatic about the antenna equipment; it is simply an antenna system designed to support Mr. Becl�nann's special interest in comn�unicatiag ta oth�r "]3ams" via OSCAR Another nam� for this class af „Fiam,� communicatzons is LEC1 or "Low L.arth (�bit". In these radio services, communications are limited by the Iine-of-site disr.ance. Thus, for the Law Earth Orhit coaununications, the transceiving antenna system rnust be highly directive {not exceedingly high} but high g,airx rotatable type "beam"` antennas are required. Hence a relatively low antenna tower height is sufficient (30 feet in this case} and rhe antenraa array must be steerable by us'yng two antenna rators and relatively smaU antenna a,n-ays such as what 1�z�, Beckmann is proposing. Tn simple terms, he is proposiag the mi�imum antenna size, height and confi,guration required to permit'�EQ communications. The maximum heigirt of the proposed tower/anter�na. st�ructure when rotated to the maximum height (directly overhead) is 42 feet. Tkerefore, as far as aesthetics is concemed, Mr. Beckmann is progosing the least conspicuous antenna system to pernut him to operate in the proposed mode of cofnmunications. As explained above, the antenna system propased by Mr. B�ckn�anr► is she muuurnum satisfactory configuration for this specific unique application. SAFETY ISSUES The second most common complaiat in the neighbor's Ietters oppasing the praposed antenna system is the cianger ta neighborhoad chiidren in that the antenna system will be an ariractive nuisance that �will attract children ta climb the tower. Mr. BeGkmann has adckesseti this saf�ty issue by indicac�wig that he will install anti-�limb pan.eis to the towec; they will eliminate the patentiat that n�ighbo�hood children will climb the to�ver. Anti-ciimb panels consist of blank, smooth metal or hard plastic surfaces that are attached to the Iower secti�sn af the triangutar tower to inh��bit chiIdren and others fram ciimbing up the metal "steps" af the tower construction. These anti-cliunb gan.�ls can be painted a neutral color to blend 'urto the suzraundin� azea or they can be covered by vegetation/shrubs. Anoti�er safety issue raised in some of the neigi�tbors' respanses to the City Cauncil, is that if the tower falls, it wil! fslt oa neighboring groperty. Again Mt. Beckmann indicates that the proposed tower can be located appro�mately 43 f�t from the closes�t lot line. Therefore, if the 42 foot antenna st�cwre do�s fall, it ww�l not land on neighboring property, ' • / � t ' # :1: M ` Severai of tha Ietters in appositian to Mr. Beckmanzi's variance request expr�ss concem about him causing ir�tsrference to broadcast television and broadcast radio reception. Much af the mode af modulatian nsed in OSCAR installations is digital in na.ture. Using digital modularion and at the frequency and transmitting power output proposed by Mr. Beckmann, the likeiihood of izrterference to ctie z��ighbars is small. He will operate on frequen�ies that ar� nQ�G close to the frequencies used by broadcast stations nor to garage �oor opener z�dio chaatlels, cellular telephones or wireless tel�phones. Cellular telephanes operate in the 800 MHz radio channel band, wireless telephones operate in the 900 MHz, 45 M�3a ar 1.5 MHz region. Mr. B�c�nann's "LEO" operations wil} he near 44t� 14ZFiz �nd 1246 I��IlIz bands. The whole area af interference contral is the responsibiliiy of the FCC so ifinterference does occur, the FCC will be the final saurr.� of a cure. However, siace t�ze FCC has res�ernly clos�d' their St. Paul (�1r,QI} office, FCC attention to inter£erence campla�nts will have to be'handled by the Chica�o FCC office. Thus, it will be a tess �responsive PCC office because of the long dist�nce betwe�n hiendota Heigtrts and Cluca,�o. In the unlikely event that interference of atiy ks'nd results fram Mr. B�ckmann's amateur radio og�ti�an, there are technical "cures" that will eliminate all prablems. A11 af these cures cost money and af�er Mr. Beckniann re�cives hzs zvning vaziat��ce, he may b�e less responsive to interference campiaints. I su�gest that Mr. Beckmann be requireci to post a SZ,000 bond wzth the City, that the City �an sgend ta hawe a !� 3 ; disinterested communicarions engineer solve any interference problems created by Mr. Beckmann's � amateus radio operations. The specific amount wili permit a knowledgeable engineer ta make any necessazy modi5cations to eliminate any conceivable type inter.ference. STRUCTC7RAL SAFETY CONSIDEXtATTONS I recommend that the City retain an e�erienced prof�ssional structural �ngi�neer, such as Mr. Geo�rey G T�itson, to verify the structuraI claims made by Mr. Beckma.�n prior to a�ecision an the zoning variance by ihe City Council. StfM,l'1�AR�.' The recommendatio�s of this report are as foilows; The zoning variaace request by Mr. Beckmann is about as minimum as necessary to abtain his � objective. • The consideration of tk�e proposed anterma as an attracrive nuisance to neighborhood children will • be eliminated ifthe zonirig varianc� requires anti-climb panels on the tower. 5tructcual safeiy car� be � insured by the �ifiy retaining a pr4fessional structural eng3neer to verify the stsuctural claims made = by Mr. Beckman» prior to a decision an the zoning variance by the City Council. F�adio izzter%rence to neighbazs, is vnlikely but the int�crf'ference potential can be complet�.ty elim�inated if 1Vir, �3eckmann is required to post a$2,000 bond that can be used to eliminate any interference that does resutt from Mr. Beckmar�n's amateur radio opera#ic�ns, ' With th�se conditians {bond, structural analysis and anti-climb panels) the City has protected the aneighborhood as well as can be done and still allow Mr. Beckmann a reasonable 'antenna - confi�uration. Z w� attend any City Councii meeting that you want me to attend, I am pleased to be of service to you and to�the City. Call me at (715) 96�-2321 with any questions about this re�aort. Yours sincerely, 7ohn R. DuBois Ph.D. Registered Professionai Communications Engineer M'innesota Registration #�350 cc; City Administrator, Mr. Kevin Batchelder by FA� to b12-452-8940 with Ll'.S, Mail follow-up � CITY OF MENDOTA HIIGI3TS Ti�T • January 30, 1997 TO: Mayor, City Council and City Admuu�� FROM: James E. Danielson, Public Works Direc SUBJECT: Comprehensive Plan Amendment DISCUSSION: State Law mandates that all Cities located within the seven county metropolitan area update their Comprehensive Plans by December 31, 1998. Most tasks involved in revising the Comprehensive Plan fall under three general categories: 1. compilation of statistics and other information regarding demographics, housing, infrastructure, transportation, etc. 2. revision of the Land Use Plan guiding future development and redevelopment in Mendota Heights 3. revision of other general policy directives, including those not directly related to land use Because of this requirement, Mendota Heights budgeted $15,000 in 1997 for Air Noise ConsultandComprehensive Plan Update (see attached). We budgeted this amount knowing that it would not be enough to complete the update, but that we would be able to initiate the process in 1997. In addition to the Comprehensive Plan update, the City recently made application for a$15,000 Mississippi National River and Recreation Area (MNRRA) grant to help fund updating the Critical River Overlay District Ordinance. We plan on updating our Critical Area Ordinance in conjunction with the Comprehensive Plan update. The City needs to make a decision soon on hiring a consultant to help us with these updates. As I see it, there are two options; 1) Prepaze an RFP requesting proposals from several consultants or 2) sunply ask our new planner, Meg McMonigal of MFR to prepare a proposal for our review. If option one (1� is selected, staff woulc3 pxegare an RFP that would then be braught back to Cauncil for review and approval before it is sent to prospective consultants soliciting proposals. T'he proposals would be brought back to Council far review and selection of a finalist. If option two (2) is selected Ms. McMonigal wauld be askeci to prepare a proposal addressing tasks, ti.me lines and costs. Her progosal would be brought back to Council for review and approval. ACTiQN REQUII[2EI)• Select a caurse af actian far hiru�g a consultant to assist the City in updating the Comprehensive Plan and M]NRR.A Grant Tasks. r 1 FCJRM 0-4A � General Gavernment BACK-UP DETAlL FOR CONTRACTUAL S�RViCE X_ Plann CC?MMODITiES _ OTHER CHARGES _ (CHECK ONE) :� Maintenance LWE ITEM L(NE iTEM DETAIL GOST 4220 Professiona! Fees �� ,��� City Planner 4,OOQ Cify Engineer 4,000 Cify Attorney 7,000 ; Air Noise ConsultantlComprehensive Plan Update 95,OOQ f � � Geographic Information System 1,500 14221 Retainer 23,600 City i'(anner 15,600 ' City Engineer 8,Q00 '4240 Legal Publications ��Q 3 , t � TOTAL 55,650 CTTY OF MENDOTA HEIGHTS MEMO January 30, 1997 TO: Mayor, City Council and City Ad str r FROM: Patrick C. Hollister, Administrative Assistant SUBJECT: 7oint CounciUPlanning Commission Workshop on Cellular/PCS Ordinance Discussion The Council passed a one-year moratorium on all planning applications and requests to erect communications antennae and apparatus within the City of Mendota Heights at their regular meeting on December 3, 1996. The moratorium is intended to provide time for the City to draft and enact an ordinance governing the placement of Cellular/PCS antennae and apparatus within the City. The Council expressed its intention to have this Ordinance enacted sometime next year. The Council also informed Staffthat it intends to hold a Joint Workshop with the Planning Commission to discuss a new communications ordinance. Staffwould therefore appreciate direction on the following: 1. the Council's preference for a date and time for the workshop, and 2. the type of background material the Council wishes Staff to prepare for the workshop. As an expert on the Cellular/PCS industry, Mr. Barstow of CRA has offered to be present at the 7oint CounciUPlanning Commission workshop. Mr. Barstow recognizes that he may not be seen as a"neutral" source of information, but feels that nevertheless he could shed some light on some aspects of the technology which would help the City in crafting an ordinance. Stafftold Mr. Barstow that we would pass his offer along to the Council. . Council Action Required Determine the date and time for the 7oint Workshop with the Planning Commission and advise Staff as to what materials to prepare for the workshop and whether or not to invite Mr. Barstow to the workshop. fY CITY OF MENDOTA HEIGHTS �� � To: Mayor and City Council From: Kevin Batchelder, City Ad ' January 30, 1997 Subject: MAMA Labor Relations Committee - 1997-1998 Subscription Service DISCUSSION For many years, the Metropolitan Area Management Association (�VIAMA) and the League of Minnesota Cities has offered municipalities in Minnesota the opportunity to subscribe to labor relations services that are offered through Labor Relations Associates, Inc. In past years, the subscription offered services in the areas of labor negotiations, consultations, employee compensation and personnel matters. This year, in conjunction with the Coalition of Greater Minnesota Cities, MAMA is offeri.ng an expanded level of service, through Labor Relations Associates, Inc., for those cities that desire to subscribe. The additional services include legislative policy assistance, assistance with regional labor relations committees, assistance with regional bazgaining efforts, data base of job classifications, assistance with individual labor issues, and tiaining opporiunities. (Please see attached January 20, 1997 memorandum that describes the new subscriber service.) The subscription amount for Mendota Heights would he $3,023.00 for the period of March 15, 1997 through Mazch 14, 1998. Mendota Heights has not subscribed to this service in recent years and we have not budgeted any money for this service. The public works budget does contain a small amount ($300) for labor negotiations, however, that amount was not intended for this subscription. Were Mendota Heights to subscribe in 1997, the money could be charged to the Legal Contingency line item in the Administration budget. ACTION REQUIRED Consider the subscription to MAMA-LMC labor relations services for 1997 and provide direction to staff regarding participation in this program in 1997. „. � t�i�tro�oiitan Ar�c� tiic�n�ic��r��n� Af�oc3��9�a . of the Twin City Area DATE: January 21, 1997 TO: Mr. Kevin Batchelder City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118-4167 FROM: William S. Joynes, City Manager, City of Golden Valley Chairman, MAMA Labor Relations Committee SUBJECT: 1997-1998 Subscription Service If the City of Mendota Heights chooses to subscribe to the Metropolitan Area ManagementAssociation - League of Minnesota Cities labor relations subscriberservices as described in the enclosed material for the subscriber year March 15, 1997 through March 14, 1998 the amount due is: $3,023.00 This amount is payable on receipt to the "MAMA-LMC Labor Relations Service”. The check should be sent to: League of Minnesota Cities Labor Relations Service 145 University Avenue West St. Paul, MN 55103-2044 'C ' �� (�letro�olitc�n Ar�c� f�l�nac��m�nt Affocic�tio� of the Twin City Area DATE: TO: FROM January 20, 1997 OTA CITY NALL 207 Lafayette Street P.O. Box 378 Winona, MN 55987-0378 FAX: 507/457-8212 Metropolitan Area Management Association Members (MAMA) and MAMA Labor Relations Subscriber Service Members Coalition of Greater Minnesota Cities Members and Greater Minnesota Labor Relations Subscriber Service Members William S. Joynes, City Manager, City of Golden Valley Eric B. Sorensen, City Manager, City of Winona SUBJECT: MAMA and CGMC Labor Relations Subscriber Service The MAMA and CGMC Labor Relations Committees' AGREEMENT with Labor Relations Associates, Inc. (LRA) calls for the provision of special labor relations services for Metropolitan Area and Greater Minnesota ciiies to be administered by the League of Minnesota Cities (LMC). The AGREEMENT with LRA for special subscriber labor relations services builds upon on a history of agreements between LRA and Minnesota cities and the League of Minnesota Cities for labor relations services dating back to 1968. The services to be provided to Metropolitan Area and Greater Minnesota cities by LRA are outlined in the enclosed copy of the AGREEMENT. The services include most of the services which the subscriber cities have been receiving under the subscriber service program that has been in effect through the LMC for more than twenty-five years. Some important new services however, which the Committees believe are needed by Minnesota cities in the final years of the 1990's, have been added for the 1997 - 2000 � subscriber service years. They inciude: 1. Assistance with joint cities' efforts to deal with proposals to modify Minnesota labor relations legislation. LRA personnel will analyze proposed legislation and/or help draft proposals which meet cities' needs. 2. Assistance with cities' joint efforts to establish and maintain regional and/or state- wide IaboNmanagement relations committees with unions representing the same job classification in different cities. 3. Assistance with cities' joint efforts to establish multi-employer and/or regional bargaining relationships with unions representing the same class of employees in multiple cities. 4. Maintenance of a data base on a current basis for the job classifications of police officer, firefighters, and public works maintenance available to cities by computer. 5. Assistance by computer, telephone, or FAX to cities with regard to grievances, personnel policies and practices, responses to administrative agencies, negotiations strategies, employee discipline and analysis of lists of arbitrators. 6. Additionally, LRA will provide regional training opportunities dealing with supervisory issues, significant labor relations issues, and issues pertaining to State and Federal legislation. The MAMA and CGMC Committees believe that the expanded focus of the labor relations service outlined above without a reduction in the services which have been provided to the MAMA and CGMC cities in recent years will better equip the cities to deal with the challenges facing Minnesota cities in the late 1990's; assist them in the development of a more coordinated approach to labor relations and personnel problems which require a coordinated effort, assist them with the development and implementation of multi- employer labor/management relations committees and exploration of coordinated and/or regional bargaining, and help them deal with changes in labor relations iegislation. The AGREEMENT with LRA and attached fee schedule for the 1997 - 1998 subscriber services for the Metropolitan Area and Greater Minnesota cities for the year beginning March 15, 1997 and ending March 14, 1998 is enclosed with this letter. Invoices and copies of the 1997 - 1998 AGREEMENT are being sent to all MAMA and Greater Minnesota cities currently using the special subscriber services. Cities not using the special subscriber services will also receive a copy of this letter and copies of the AGREEMENT, they may subscribe by remitting the appropriate fee to the LMC Labor Relations Subscriber Service. Population is based on the most recent estimates. A separate Agreement will continue to exist with the League of Minnesota Cities. This Agreement provides for general services for all Minnesota cities. The "general . _ a � � t � i . membership services" part of the agreement provides for: articles in the League af Minnesota Cities magazine, general advice and assistance by telephane or �carrespondence; arte �ersonal canference at �RA o�ces; advice on arbitratar seiection; and advice and assistance to the League of Minnesota Cities staff relating to proposed State legisiation. T � if yau have any questians with regard to the services outlined in this ietter or the contents of the Agreement, please call us. Your City's check far the amount an the enclosed invoice should be made payable to: LEAGUE OF MINNESOTA CITIES and mailed by February 15, 1997 ta: LEAGUE OF MINNESOTA CITlES 145 UNfiVERSITY AVENUE WEST . ST. PAUL, MN 55103-2044 � � � cc: James F. Miiier, Executive Director, LMC t E AGREEMENT BETWEEN METROPOLITAN AREA MANAGEMENT ASSOCIATION (MAMA) AND COALITION OF GREATER MINNESOTA CITIES (CGMC) ON BEHALF OF METROPOLITAN AREA CITIES AND GREATER MINNESOTA CITIES SUBSCRIBERS AND LABOR RELATIONS ASSOCIATES, INC. (LRA) A. PURPOSE OF AGREEMENT The purpose of this AGREEMENT is to provide for labor relations services, employee compensation analyses and personnel services to subscriber Twin Cities Metropolitan Area and Greater Minnesota Cities and remuneration for such services as outlined below. , B. SERVICES TO BE PROVIDED 1. For Cities in the Twin Cities Metropolitan Area Labor Relations Associates, Inc. - Principals and Associates - will not charge individual subscriber cities for the services outlined as follows: a. A Principal of LRA will participate with subscriber cities in any joint negotiations, mediation, or labor/management committee involving two or more subscribers and a common union representing similar bargaining units when the cities choose to bargain jointly. b. A Principal of LRA will consult with subscriber cities' elected and/or appointed o�cials by telephone, letter, FAX, or in person with regard to their individual labor relaiions, employee compensation, and personnel matters. c. LRA Principals will provide subscribers with data maintained by LRA and as provided for by this AGREEMENT, make recommendations as to commonly used language to be placed in Labor Agreements, make recommendations for initial City response to grievances filed by employee organizations, make recommendations regarding individual arbitrators in interest and/or grievance arbitration cases, provide recommendations with regard to the general content of a subscriber's personnel policies and practices, provide initial recommendations regarding responses to State administrative agencies involving such issues as Workers' Compensation, Unemployment Compensation, Veterans' Preference, Equal Employment N r E . j � � ` Opportunity/Human Rights, and Affirmative Action, and make initial recommendations as to appropriate disciplinary action on a case-by-case basis consistent with the requirements of "just cause" or the criteria _ specified by State Veterans' Preference legislation. d. LRA Principals will assist subscribers with their preparation of wage and fringe benefit data, provide analyses of interest and grievance arbitration awards involving subscribers individually or collectively, and provide representation in individual subscribercollective bargaining and/ormediation provided the issue(s) involved have potential pattern-setting impact on the bargaining efforts of other subscriber cities. e. A Principal of LRA will provide advice to assist subscribers in their efforts to comply with the requirements established by the State of Minnesota Local Government Pay Equity Act (LGPEA), Minn. Stat. Chapter 471 as administered by the Minnesota Department of Employee Relations (DOER). f. A Principal of LRA will provide general advice to assist individual subscribers with their preparation of reports or analyses required by DOER or the Minnesota Department of Human Rights (DHR) underthe provisions of the LGPEA. g. A Principal of LRA will provide general advice to assist individual subscribers with their preparation of any appeals of findings by DOER or DHR under the provisions of the LGPEA. h. LRA will serve as liaison to various municipal officials' groups as directed by MAMA. LRA will maintain a data base to include current information for the job classifications of police officer, firefighter, police sergeant (or equivalent), and public works maintenance person (or equivalent). The data base will include Stanton Group V, VI, and VII Cities with the following information: • Compensation (wage rates, longevity pay, pertormance pay, lump sum payments and salary steps); • Level of City insurance contributions for Health and Life with reference to Dental and Long Term Disability if applicable; • Uniform allowance; • Educational incentive; �a • Vacation accrual; • Overtime pay; • Court time compensation; , • Call back pay; • Standby time; • Wage differentials (shift or assignment); • Severance pay; • Holidays; • Injury on duty; • Compensatory time; • Sick leave; • Work/Shift Schedules; and • Subscriber City Labor Agreements j. LRA will provide subscribers with information regarding significant labor relations and/or personnel items on a quarterly basis. In the performance of these duties LRA personnel will: • Respond to telephone, letter or FAX inquiries from subscribers; • Agree not to represent any labor organization during the contract period; • Maintain normal working hours; • Maintain telephone and FAX facilities in the LRA offices; and • Submit written monthly reports of services provided to subscribers. � ,� 2. For Greater Minnesota Cities LRA personnel - Principals and Associates - will not charge individual subscriber cities for services outlined as follows: a. A Principal of LRA will consult with the individual subscriber cities' elected and/or appointed officials by telephone, letter, FAX or in person in LRA offices with regard to their individual labor relations, comparable worth (Pay Equity) or personnel matters. b. LRA will provide current compensation (wage, longevity, performance pay) data for Greater Minnesota Cities with a population of 2,000 or more for the police officer and firefighter job classifications. c. A Principal of LRA will provide general advice to assist individual subscribers with their preparation of reports or analyses required by the Minnesota Department of Employee Relations (DOER) or the Minnesota Department of Human Rights (DHR) under the provisions of the State of Minnesota Local Government Pay Equity Act (LGPEA). �d. A Principal of LRA will provide general advice to assist individual , subscribers with their preparation of any appeals of findings by DOER or • DHR under the provisions of the LGPEA. e. LRA will provide individual subscribers with one comparable worth (for LGPEA compliance) analysis each calendar year based on data provided to LRA by the subscriber. f. A Principal of LRA will participate with subscriber cities in any joint negotiations, mediation, or labor/management committee involving two or more subscribers and a common union representing similar bargaining units when the cities choose to bargain jointly. C. EDUCATION: METROPOLITAN AND GREATER MINNESOTA CITIES 1. LRA personnel - Principals and Associates - will provide for all interested cities, regional training opportunities dealing with supervisory issues, labor relations issues and issues pertaining to State and Federal legislation. We suggest that MAMA and the Greater Minnesota Cities establish an Education Commiitee which will provide input and approval relating to content and location of a yearly training program developed in concert with LRA. � Commencing in 1992, it would be the intent of LRA to provide reasonably priced training opportunities at convenient locations throughout the State to enhance the skills of City personnel in such areas as contract administration, grievance handling, discipline, reinforcement and performance appraisal, and other subjects as directed by the committee. We see this expanded effort as integral in developing a consistent professional approach by City personnel to the burdens we continue to face from labor unions �nd the dictates of State and Federal legislation. 2. LRA will provide recommendations for educational programs for persons assigned, by the subscribers, the responsibility of handling labor relations and personnel matters. D. GENERAL PROVISIONS 1. Consultant Facilities and Services In providing the above-stated services, LRA will maintain telephone and FAX services in LRA o�ces and respond to inquiries from subscribers within three (3) working days. LRA will also maintain the capacity to provide additional labor relations, comparable worth (Pay Equity) and personnel services to individual subscribers either directly or through subcontractors acceptable to LRA. 2. Consultant Remuneration LRA will be remunerated for the services outlined above through the payment of: a. A fixed monthly retainer fee; and b. A fee based on hours worked by LRA Principals and/or Associates. , c. Work perFormed by LRA personnel for subscribers in addition to the services provided for above will be billed at an hourly rate agreed to by MAMA, Greater Minnesota Cities Labor Relations Committee, and Labor Relations Associates, Inc. in addition to reimbursement for any direct expenses incurred by LRA. Items (a) and (b) above are subject to an upper dollar remuneration limit each contract year period. Any monies not expended in a contract year will be carried over and be available for payment in following years. Item (c) above pertains to LRA billings to individual subscribers. The dollar amounts to be shown in (a), (b) and (c) will be set each year of the 5 AGREEMENT based on discussions between MAMA, Greater Minnesota Cities Labor Relations Committee and LRA. 3. Duration and Cancellation This AGREEMENT shall be effective March 15, 1997 and continue in full force and effect until March 14, 2000. This AGREEMENT is subject to termination by either party with the provision of ninety (90) days' notice. 4. Exclusivitv of Representation LRA Principals and Associates agree that they will not, during the term of this AGREEMENT, represent any employee organization. Nor will LRA Principals and Associates represent any employee organization for a period of two (2) years after the termination of this AGREEMENT if the AGREEMENT is terminated by Labor Relations Associates, Inc. , FOR THE METROPOLITAN AREA FOR LABOR RELATIONS ASSOCIATES. MANAGEMENT ASSOCIATION INC. Dated this of Da ed this � day of 1997. � /' , 1997. FOR GREATER MINNESOTA CITIES LABOR RELATIONS COMMITTEE ii � /: � �,._ � � t- , � , � 'rt�—�_� ; Dated this � '> day of �;.- i= _ , 1997. � �!i Dated this ad �t day of �, 1997. 2 APPENDIX A FEES: March 15, 1997 to March 14, 1998 MAMA SUBSCRIBERS Population Under - 5,000 5, 000 - 9, 999 10,000 - 14,999 15,000 - 19,999 20,000 - 29,999 Over - 30,000 GREATER MINNESOTA CITIES: Population Under - 5,000 5,000 - 9,999 10,000 - 14,999 15,000 - 19,999 20,000 - 29,999 Over - 30,000 1997 - 1998 Fee $ 1, 743.00 $ 2,442.00 $ 3,023.00 $ 3,603.00 $ 4,185.00 $ 4,883.00 1997 - 1998 Fee $ 1,394.00 $ 1,628.00 $ 1,975.00 $ 2,210.00 $ 2,442.00 $ 2,675.00 3. Services provided by the Consultant -which are outside the scope of this AGREEMENT and which are provided to those cities participating in the subscriber service shall be billed at the rate of $74.00 per hour for the 1997 - 1998 AGREEMENT period. 4. Leaque of Minnesota Cities Fee $ 4,031.00 E�