1997-06-031. Call to Order
2. Roll Call �
3. Agenda Adoption
4. Gonsent Calendar
a.
b.
c.
��
e.
f.
�
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
JUNE 3, 1997- 7:30 P.M.
Acknowledgment of the May 27th Planning Commission Minutes.
Acknowledgment of the Building Activity Report for May.
Acknowledge Receipt of Information Regarding Service Delivery
Agreements.
Acknowledge Receipt of Information Regarding Dakota County HRA -
Livable Communities Funding Issue.
Acknowledge Receipt of Information Regarding Bunker Hills Project.
Approval of RESOLUTlON NO. 97-24 - Resolution Approving Final
Plans and Specifications and Authorizing Advertisement for Bids for
Sanitary Sewer, Watermain, and Storm Sewer Improvements to Serve
Pine Creek Estates and a Portion of Lot 49 of Auditor's Subdivision
No. 3(Improvement No. 93, Project No. 1).
Authorization to Issue Purchase O�der for Bituminous Trail (Senior
Housing Trail).
Approval of an Amendment to the Dispatch Service Agreement with
West St. Paul.
Approval to Hire Police Officer.
Approval of the List of Contractors.
Approval of the List of Claims.
Acknowledge Receipt of the Unapproved Minutes from the April 2nd
NDC4 Full Commission meeting and May 7th NDC4 Executive
Committee Meeting. �
End of Consent Calendar
Public Commer.ts
Unfinished and New Business
� Case No. 97-1 1: Turner's Gymnastics Center - Variance -
RESOLUT/ON NO. 97-25
�.6. a e No. 97-12: Mortenson Pro erties Brown Institute - CUP for
�s p ( )
Mining - RESOLUT/ON NO. 97-26
„c� Discuss NDC4 Franchise Renewal.
rl/
1 /
,/ Case No. 97-09: Reconsideration of George's Golf Tee Redevelopment
7� - RESOLUT/ON NO. 97-27. .
�Discuss Old Fire Hall Site.
** � Discussion on Friendly Hills Sod Replacement.
*** g Discussion on Enterprise Rent-a-Car.
*** Discussion on Dakota Bank - Building Materials. .
i Discussion on Draft Cellular/PCS Ordinance
j Discussion on Recreational Vehicle Parking and Storage Proposed
Ordinance.
1 I�./ Discuss Comprehensive Planning Consultants Proposals.
� Consider Request for ponation from Dispute Resolution Center.
7. �ouncil Comments
�
8. Adjourn
Auxiliary aids for persons with disabilities 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.
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.,
CITY OF MENDOT/X HEIGHTS
MEMO
June 3, 1997
TO: Mayor and City Council
FROM: Kevin Batchelder, City Administrator
SUBJECT: Add On Agenda for June 3 City Council Meeting
One new item has been added to the Consent Calendar item - 51 (*) and two
new items have been added to Unfinished and New Business item - 6g (***)
and 6h (***).
Additional information has been added to 6f (**).
3. Agenda Adoption
. It is recommended that Council adopt the revised agenda printed on green
paper.
51. Acknowledge Receipt of the Unapproved Minutes from the April 2nd NDC4
Full Commission Meeting and May 7th NDC4 Executive Committee Meeting.
Please see attached minutes
6f. Bid information and correspondence from residents. Please see attached
additional information.
6g. Enterprise Rent-a-Car. Please see attached memo and letter from United
Properties.
6h. Discussion of Dakota Bank building materials. Please see attached letter
from Dakota Bank.
KLB:kkb
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
CITY COUNCIL AGENDA
JUNE 3, 1997- 7:30 P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Consent Calendar
a. Acknowledgment of the May 27th Planning Commission Minutes.
b. Acknowledgment of the Building Activity Report for May.
c. Acknowledge Receipt of Information Regarding Service Delivery
Agreements.
d. Acknowledge Receipt of Information Regarding Dakota County HRA -
Livable Communities Funding Issue.
e. Acknowledge Receipt of Information Regarding Bunker Hills Project.
f. Approval of RESOLUTlON NO. 97-24 - Resolution Approving Final
Plans and Specifications and Authorizing Advertisement for Bids for
Sanitary Sewer, Watermain, and Storm Sewer Improvements to Serve
Pine Creek Estates and a Portion of Lot 49 of Auditor's Subdivision
No. 3(Improvement No. 93, Project No. 1).
g. Authorization to Issue Purchase Order for Bituminous Trail (Senior
Housing Trail).
h. Approval of an Amendment to the Dispatch Service Agreement with
West St. Paul. �
i. Approval to Hire Police Officer.
j. Approval of the List of Contractors.
k. Approval of the List of Claims.
End of Consen# Calendar
5. Public Comments
6. Unfinished and New Business
a. Case No. 97-1 1: Turner's Gymnastics Center - Variance -
RESOLUT/ON NO. 97-25
b. Case No. 97-12: Mortenson Properties (Brown Institute) - CUP for
Mining - RESOLUT/ON NO. 97-26
c. Discuss NDC4 Franchise Renewal.
� �.
� Case No. 97-09: Reconsideration of George's Goif Tee Redevelopment
- RESOLUT/ON NO. 97-27.
v�.� �- ���-��-
e. Disc�ss Old Fire Hall Site.
f.
9•
h.
i.
1•
Discussion on Friendly Hills Sod Replacement.
Discussion �on Draft Cellular/PCS Ordinance.
Discussion on Recreational Vehicle Parking and Storage Proposed
Ordinance.
Discuss Comprehensive Planning Consultants Proposals.
Consider Request for ponation from Dispute Resolution Center.
7. Council Comments
8. Adjourn
Auxiliary aids for persons with disabilities 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.
�'_
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CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
PLANNING COMMISSION
MAY 27, 1997
The regular meeting of the Mendota Heights Planning Commission was held on
Tuesday, May 27, 1997, in the City Hall Council Chambers, 1 101 Victoria Curve.
The meeting was called to order at 7:34 p.m. The following Pnembers were
present: Dwyer, Friel, Betlej, Lorberbaum, Duggan and Tilsen. Commissioner Koll
was excused. Also present were Public Works Director Jim Danielson, Planning
Consultant Meg McMonigal, Administrative Assistant Patrick Hollister and Senior
Secretary Kim Blaeser.
APPROVAL OF MINUTES
Commissioner Lorberbaum moved approval of the April 29, 1997 Minutes.
Commissioner Duggan seconded the motion.
AYES: 6
NAYS: 0
HEARING:
CASE NO. 97-11:
TURNER'S GYMNASTICS CENTER -
VARIANCE
Mr. Jim Hammer, President of Turner's Gymnastics Center, was present to
discuss a request fo� a variance from the sign ordinance which would allow a
100 square foot temporary banner.
Mr. Hammer explained that Turner's has applied for a variance, similar to this
request, in 1993. He explained that the temporary banner will be used for
promoting summer and fall class registrations. He stated that they are
requesting permission to advertise, using the temporary banner, twice a year.
He stated that the banner will be highly visible from
I-35E and that using the banner helps to increase the Center's membership.
Chair Dwyer inquired about the amount of time the banner will be in place
promoting class registrations. Mr. Hammer responded that it would be twice
a year, three weeks at a time, a total of six weeks a year. Dwyer stated that
with the variance procedure, an applicant must prove hardship and, in this
case, the applicant has not demonstrated a hardship. Mr. Hammer stated
PLANN/NG COMM/SS/ON M/NUTES - MAY 29, 1997
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that this is the first time he has pursued a variance request. He stated that
he was not a part of the 1993 variance request.
In response to a question from Commissioner Tilsen, Mr. Hammer stated that
they intend to use the banner from 1993. He stated that it is in good
condition. Tilsen stated that the applicant has used the sign in the past and
that creating a new sign may create a financial hardship to the applicant.
Chair Duggan stated that he had voted in favor of the variance request in the
past. He stated that he understands the importance of advertising and that
maybe the applicant should consider erecting a larger, more permanent sign.
He stated that 300 square feet of signage is allowed and that Turner's is
currently using a small amount of signage on their building. He suggested
that Turner's should also consider advertising their programs at Mendota
Plaza. He stated that a hardship has not been demonstrated since a
permanent sign could be installed. Mr. Hammer stated that he was not
aware that he could install a permanent sign.
In response to a question from Commissioner Duggan, Mr. Hammer stated
that the Center receives roughly 10 to 15 registrations which may be a result
from the temporary banner advertisement. He stated that memberships are
drawn particularly from Mendota Heights, Eagan and St. Paul.
Commissioner Lorberbaum stated that she was not a part of the 1993
recommendation. She stated that a permanent sign may not be the answer.
She stated that referrals are a big part of advertising. She stated that
applicant has not demonstrated a hardship.
Chair Dwyer stated that he does not want to see a proliferation of signage
along the highways in Mendota Heights. He stated that this request is a
good one and that a hardship has been proven. He stated that Center is
financially strapped and that a temporary sign may benefit the Center more
than a permanent sign.
Commissioner Betlej stated that while he is sympathetic to the applicant's
need for advertising, he is concerned with setting a precedent. He stated
that a hardship has not been demonstrated.
Commissioner Friel stated that the applicant has not proven hardship. He
stated that he is concerned that advertisement signs on highways create a
public safety hazard.
Chair Dwyer opened the meeting to the public.
PLANN/NG COMM/SS/ON M/NUTES - MAY 29, 1997 2
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There was no one present to discuss this issue.
Commissioner Betlej moved to close the public hearing.
Commissioner Duggan seconded the motion.
AYES: 6
NAYS: 0
Commissioner Friel moved to recommend that the City-Council deny the
variance request.
Commissioner Duggan seconded the motion.
AYES: 4
NAYS: 2, DWYER, TILSEN
HEARING:
CASE NO. 97-12:
MORTENSON PROPERTIES, INC. -
CONDITIONAL USE PERMIT
Mr. Tom Lander, of Mortenson Properties, was present representing a
request from Brown Institute for a Conditional Use Permit for Mining which
would allow the expansion of a parking lot and site improvements at the
former Cray Research building located at 1440 Northland Drive.
Mr. Lander explained that Mortenson Properties is currently the landlord at
the Brown Institute site in Minneapolis. He stated that Mortenson Properties
knows this tenant very well and that Brown will make a good fit into the
Cray facility. Mr. Brown presented aerial photographs of the site.
Mr. Lander explained that building modifications will be made for the school
which will include the reconfiguration of office space to classrooms.
Additional exit doors will be added along with signage.
Lander explained that two separate parking lots are proposed. He explained
that the east lot, with 379 spaces, will be a reconstruction of the existing
parking lot, accessed from the eastern side of Northland Drive. Lander
explained that the second lot, to be located in the southwestern portion of
the site, will accommodate approximately 371 spaces. He explained that
construction of this lot will include the relocation of existing power lines and
poles.
Lander explained that based upon school operation, the school needs 750
PLANN/NG COMM/SS/ON M/NUTES - MAY 29, f997 3
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parking stalls. He explained that at the schooi's present location, they use
stalls of 7'6" width. He explained that to minimize the paved area, the
school intends to use 8' wide parking stalls. He stated that for proof-of-
parking, the new parking area will provide 678 - 9' wide parking stalls. The
school's intends to use 8' wide stalls for 750 parking stalls.
Lander explained that currently the school has 1,400 students and that they
anticipate the enrollment to increase to 1,800. He stated that the enrollment
will be spread acr'oss three sessions of classes: morning, afternoon and
evening. He explained how the school arrived at the number of parking stalls
necessary to accommodate their students. He explained that they anticipate
500 to 600 students using the building at one time.
Lander explained that an error was originally made on the plans which
indicated that construction would take place within the fifty-foot scenic
easement. He stated that the plans have been revised to indicate that no
improvements will be made within the easement. He explained that small
trees may be removed from the existing drainage easement. He stated that
it is mandatory to remove these trees to handle the drainage.
Lander explained that the upper lot has never been striped and that they
intend to square off the lot along with striping it to accommodate 8'x20'
parking spaces. He stated that there is a row of evergreens that will be
relocated and that they intend to plant additional landscape screening in this
area.
Lander explained that the school has met the green space requirement of 5
percent and that they are at 5.8 percent. He explained that the center
parking islands will be planted.
Lander explained that there are two existing entrances to the site and that
these will remain unchanged. Regarding the access road to the lower level
(western) parking area, Mr. Lander stated that the Planner has suggested
that the driveway width be 25 feet. He stated that the plan will be changed
to accommodate this suggestion.
In response to a question from Chair Dwyer regarding mass transit
considerations, Mr. Lander stated that only 5 percent to 6 percent of the
school's students currently use mass transit. He stated that they are very
surprised of these statistics because of the transit opportunities available at
their current location. He stated that the school is researching the
opportunities available at the new location.
PLANN/NG COMM/SS/ON M/NUTES - MAY 29, 1997 4
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Commissioner Tilsen stated that it seems reasonable to require that mass
transit be made available to the school. He stated that the traffic on the
freeway systems is high and that mass transit will help alleviate the problem.
He suggested that the school consider providing shuttle service from a major
transit hub to help accommodate and alleviate traffic problems. He stated
that he wants to see the school responsible for providing alternatives to
transportation needs.
Commissioner Tilsen inquired about the amount of fill being removed from
the site. Mr. Tom Lincoln, of BRW, stated that he is currently working on
the calculations of earthwork anticipated to be removed from the site. He
stated that there will be over 3,000 cubic yards of dirt exported from the
site. He stated that it will be up to Mortenson Properties to find a location to
dump the fill. He explained that there will be significant grading of dirt and
that they will need to level a very steep berm.
In response to a question from Commissioner Tilsen, Mr. Lander stated that
Mortenson Properties will act as general contractor and hire subcontractors
to work on the site. Tilsen stated that removing over 3,000 yards of fill will
be expensive. Mr. Lander stated that they will try to be cost effective and
that they are doing their best to utilize the land to the best of their ability.
Tilsen noted his concern for the wear and tear of City streets during
construction and he suggested that the contractor consider minimizing the
number trucks hauling to and from the site.
In response to a question from Commissioner Tilsen, Public Works Director
Danielson stated that BRW has been working with City staff regarding the
proposed ponding and stormwater control. Mr. Lander stated that they
intend to meet all staff requirements.
Commissioner Tilsen stated that he is in favor of the private sector making
responsible decisions and choices. He stated that maybe the school should
consider not building additional parking and to provide incentives for its
students to use mass transit.
Commissioner Duggan stated that a recent newspaper article indicated that
Brown anticipates a$30 million economic impact to Mendota Heights. Mr.
Ron Anderson, President of Brown Institute, stated that the newspaper
quoted him regarding the economic impact. He stated that studies have
been conducted on how post secondary schools impact the local community
in terms of the amount of money brought into the community by the
students attending the school. He stated that the school will also be a tax
paying entity.
PLANN/NG COMM/SS/ON M/NUTES - MAY 29, 1997 5
Cammissianer Duggan inquired abaut student body projections and how
many are anticipated to change their current living arrangements and move
closer to Mendota Heights. Mr. Anderson stated that the current student
body living within the metro area will most likely stay in their current living
arrangements. He stated that it is the out of state andJar interna�ianal
students that will relocate closer�to the school.
In response to a question from Commission Duggan, Mr. Lander explained
that the existing parEcing stalls at the Niawatha/L.ake Street location are
stripped at 7' 6" and that they are proposing to stripe the Cray location
parking stalls at 8'. He stated #hat they are trying to campromise and are
wiUing to speak with staff regarding landscape issues.
,�
Commissioner Duggan inquired about security. Mr. Anderson stated that
they do provide security and he gave a detailed analysis of how Brown
lnstitute currently cantracts with a security company. Cammissianer
Lorberbaum inquired if there is an escort service available for students
leaving the building at night time. Mr. Anderson responded yes.
In response to a question from Commissioner Duggan regarding the
maximum number of students using the facility, Mr. Landers explained that
their parking numbers are based an nat only national standards but aisa
existing operations at the school. Mr. Landers stated that the school's site
search considered mostly the number of parking stails available.
Commissioner Duggan stated that he would like to see the parking stalls
reduced from 750 to 5C}0 with 2d0 stails as proof-af-parking. Mr. Landers
stated that 750 stalls are needed and that if they are required to have only
500 s�alls, the school will not clase on the property.
Cammissioner Duggan stateci that he wouid iike ta see a#otal of 67$ 9`
stalls. Mr. Landers stated that they have been trying to be responsible in
meeting their parking needs alang with minimizing the amaunt of asphait on
the site. He stated tha�t they have been warking hard to accomplish their
parking needs without disturbing the natural terrain af the site.
In response to a question from Commissioner Lorberbaum regarding how
classes are offered, Mr. Anderson stated that the schoo!'s intsnt is to o#fer
classes with the ultimate goa( of graduation. He stated that out of the
current student bady, less than one percent take individual classes. He
stated that the school offers career-oriented courses which are structured
through biocks of time. Cammissianer Lorberbaum inquired about the
number of students currently enralled at Brown. Mr. Anderson stated that
there are roughly 1,526 with 746 enrolled in the marning; 33C} enrolled in the
PLANNING COlN1LtISSIaN MINUTES - INAY 29, 7.997 6
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afternoon and 460 enrolled in the evening. Lorberbaum stated that she can
understand how the school needs to have 750 parking stalls with a morning
enrollment consisting of 746 students. Lorberbaum stated that she supports
the number of parking stalls and that she also supports increasing the size of
each stall. Mr. Anderson stated that he is currently working on providing
mass transit options with the possibility of using the Mall of America as a
hub along with shuttles from Pilot Knob and Yankee Doodle Road.
Commissioner Lorberbaum inquired if 12 handicapped parking spaces is
enough. Mr. Landers stated that there are State standards and that there is
a total of 16 handicapped parking spaces available - 12 handicapped and 4
vans. Planner McMonigal stated that one handicapped parking stall is
required for every 50 parking spaces. Lorberbaum suggested that the school
should consider adding more handicapped parking spaces.
Commissioner Betlej welcomed the school to Mendota Heights and stated
that he is happy to see the Cray building being utilized. He stated that it is
an odd building and to use it as a school seems to serve the building well.
He stated that the building is showing some wear and tear. Betlej stated
that he is surprised that only 5 percent of the school's enrollment uses mass
transportation. Mr. Anderson agreed and stated that a lot of the students
work full time, especially during the day and that public transportation is not
a real option for these students. Betlej stated that the City lacks public
transportation. He stated that the system has not been properly designed
and that the City needs to look at public transportation facilities within the
community. He stated the City continues to construct more and more
buildings which require more and more parking. He stated that he is not in
favor of widening the parking spaces because this would create less green
space. He stated that he does not want to see parking on the industrial
streets.
Commissioner Betlej inquired about landscaping. Mr. Lander stated that the
landscape plan focuses on plantings in and around the parking lot areas and
the creation of retaining walls to accommodate the proposed parking needs.
He stated there will be 25 overstory trees, 9 spruce, 3 crabs and 65 small
evergreens added to the site. He stated that the trees located in the upper
parking lot islands will be relocated. He stated that the islands will be
irrigated.
Commissioner Friel welcomed Mortenson Properties and Brown Institute. He
stated that he is ambivalent in compromising the size of the parking stalls
and green space. He stated that the City's Ordinance requires 9'x20' stalls
and that the applicant is asking for something different. He stated the
PLANN/NG COMM/SS/ON M/NUTES - MAY 29, 1997 7
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applicant has not asked for a variance. Planner McMonigal explained that the
City's Ordinance does not require a parking lot to be stripped. She stated
that the applicant has proposed striping the lots to accommodate 8'x20'
parking spaces. She stated that the applicant has shown that there is room
to meet parking requirements if necessary. Mr. Landers stated that they will
stripe the parking spaces if necessary. He stated that they are providing the
code required amount of parking and that they are able to meet the
requirements through the proof-of-parking requirements. Commissioner Friel
felt that the applicant is asking for a variance and that �he does not feel the
applicant has proven hardship. Chair Dwyer stated that City staff has
discussed this issue with the applicant and that the applicant has satisfied
the broad requirements for parking.
Chair Dwyer opened the meeting to the public.
There was no one present to discuss this issue.
Commissioner Friel moved to close the public hearing.
Commissioner Betlej seconded the motion.
AYES: 6
NAYS: 0
Commissioner Duggan inquired about interior remodeling. Mr. Landers stated
that the administrative wings will be used for office space and that
remodeling will occur to accommodate the classroom facilities. He stated
that the building site allows for transition without major modifications. He
stated that the building is a fully sprinkled concrete building. He explained
that an ADA survey has been completed and that door knobs will be changed
to door handles, additional toilets will be added and elevators already exist.
Commissioner Tilsen inquired about future occupants and whether the
proposed use will accommodate another entity. Commissioner Tilsen stated
that the school could grow out of the building. It was noted that Brown
Institute intends to lease the building for eleven years.
Commissioner Tilsen suggested that the school consider preparing a traffic
management plan and that the fire marshal should be given the opportunity
to review emergency access to the site. Tilsen suggested that the school
consider van pooling and possibility limiting the number of students in each
classroom. Mr. Lander explained that the classes are intentionally staggered
to help minimize traffic. He stated that they do not anticipate a traffic
problem and that they can rely on the existing Hiawatha/Lake Street location
PLANN/NG COMM/SSION M/NUTES - MAY 29, 1997 8
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to prove that there has been no problem with traffic. He stated that it is
hard to limit the number of students and that the school needs to have the
flexibility to meet class expectation.
Commissioner Tilsen noted his concern with possible parking problems when
the building is being used at 100 percent capacity. He stated that the school
needs to take proactive measures to prevent this problem from happening.
Mr. Lander stated that they do not anticipate parking to be a problem and
that they will work with staff on this issue. He stated�that they intend on
functioning as a positive part of the Mendota Heights community. Tilsen
noted his concern for street parking. Mr. Lander stated that it has never
been their intent to use street parking. Tilsen inquired if parking in the street
within the Industrial district is prohibited. Public Works Director Danielson
stated that parking is not prohibited and that it has never been a problem in
the Industrial District. He further stated that the City has never had to go
back and enforce proof-of-parking within the Industrial District.
Commissioner Duggan moved to recommend that the City Council approve
the Conditional Use Permit for Mining with the following conditions:
1. That the retaining wall be minimized, if possible and that all details be
submitted to the City Engineer for approval.
2. That grading and drainage plans be approved by the City Engineer.
3. That a power line and pole relocation plan be submitted to the City
Engineer for approval.
4. That the western access drive be reconstructed to a minimum of 25
feet width, with curb and gutter or as approved by the City Engineer.
5. That a lighting plan for entrances, the building and signage be
submitted for staff review and approval.
6. That architectural elevations and details illustrating building
entrances/exits from the southwestern parking lot be submitted.
7. That all parking stall sizes be 9'x20', as per City Ordinance.
8. That the school provide appropriate security for its students.
9. That the school consider mass transit options, particularly using
shuttle buses from transit hubs.
Commissioner Friel seconded the motion.
Commissioner Betlej expressed his concern with the City requiring the school
to provide proper security measurers for it students. He inquired if there
could be legal implications. Chair Dwyer stated that the City could not be
held liable because it is the landlord's obligation to follow through with the
conditions.
PLANN/NG COMM/SS/ON M/NUTES - MAY 29, 1997 9
Betlej expressed his concern with requiring the applicant to stripe the parking
stalls 9'x20' when it will create more blacktop on the site than green space.
He stated that the applicant has proven that parking will not be a problem
and that he would like to accommodate the applicant's use of the property.
Commissioner Friel stated that the Commission cannot not address the issue
regarding parking stall size because the applicant has not requested a
variance. He stated the Ordinance provides the requirement to create parking
stalls 9'x20' and jret the applicant has been told that they can stripe parking
stalls 8'x20'. He stated that this is inconsistent with the City's Ordinance
requirements. �
VOTE ON MOTION:
AYES: 5
NAYS: 1, BETLEJ
Chair Dwyer called a recess at 9:20 p.m.
Chair Dwyer reconvened the meeting at 9:26 p.m.
DISCUSS DRAFT CELLULAR/PCS ORDINANCE
Chair Dwyer explained that the City Council and Planning Commission
conducted a joint workshop on April 19, 1997 for the purposes of drafting a
Cellular/PCS Ordinance. He explained that the Planning Commission has
been directed to consider further changes before the informal discussion at
the Council meeting on June 3, 1997. He stated that after the June 3
meeting, a public hearing will be conducted at the June 24, 1997 Planning
Commission meeting.
Commissioner Tilsen stated that there should be more restrictions placed
within the Ordinance, in particular, regarding specific changes in technology.
He stated that antennas are getting smaller and smaller and for this reason, it
may be necessary to have more and more antennas. He suggested that the
Ordinance accommodate a"stealth" design - a design that allows the
antennae to look like the structure it is placed on. He stated that this should
be considered as an exception within the Ordinance and not a specific
definition. He suggested that this term be added to Section 21.6(4)a.
Commissioner Tilsen suggested that the antennae should match the structure
and that an "eggshell" color should not be the designated color.
PLANN/NG COMM/SS/ON M/NUTES - MAY 29, 1997 10
c�
Commissioner Duggan stated that the primary purpose of this Ordinance is to
accommodate the communication needs of residents and businesses while
protecting the public health, safety and general welfare of the community.
Duggan stated that the City should be concerned with changes in technology
and that the Ordinance needs to reflect anticipated changes in technology.
Commissioner Lorberbaum suggested that the term "Termination of
Operation'' should be used elsewhere within the Ordinance.
Commissioner Betlej suggested that Section 21.6(8)k regarding violations
should ,be changed. He stated that certain violations can be cured in less
time and that thirty days is too long.
Commissioner Friel suggested changes to the following:
Section 21.6(4)e should read as follows: All free-standing towers shall be
designed to accommodate co-location by other service provider.
Section 21.6(5)b should read as follows: All free-standing antennae towers
and all antennas which protrude into the air shall be painted the same color
as the structure until the antennae is above the structure which should then
be painted eggshell.
Section 21.6(8)f should read as follows: In the event that the FCC requires
the applicant or other agencies or governing body having jurisdiction to
submit an Environmental Impact Statement or similar document, a copy of
this document shall be submitted to the City.
Section 21,6(8)g should read as follows: A successful applicant shall provide
an Abandonment Bond to the City equal to one and a half time the current
cost of removal and disposal of all antennae and accompanying apparatus as
estimated by the City or representing body ...
Section 21.6(8)h should read as follows: Existing non-conforming free-
standing antennae towers, antennae, or accessory structures shall be
allowed to continue operation unless use of its intended purpose of free-
standing antennae towers, antennae, or accessory structure ceases for a
continuous period of six months, in which case resumption of use shall
require a re-application for a Conditional Use Permit.
Regarding Section 21.6(8)i Commissioner Friel suggested that an applicant
should be required to provide information regarding antennas of other
providers within a five mile radius along with other antennas in other
PLANN/NG COMM/SS/ON M/NUTES - MAY 29, 1997 11
municipalities. Friel felt that the City should be made aware of other
antennae sites outside of the City of Mendota Heights.
Section 21.6(8)j should read as follows: All costs of an application, including
but not limited to those incurred by City staff time and resources,
engineering studies by consultants . . . .
Chair Dwyer directed staff to forward the Commission's comments to the
City Council for their review on June 3.
Mr. Peter Beck, attorney representing AT&T, suggested that the City receive
comments from the industry regarding the draft ordinance. He stated there
are several requirements within the draft ordinance that may not work. Chair
Dwyer suggested that Mr. Beck submit written comments to City staff. Mr.
Beck stated he would submit written comments and that he welcomes an
opportunity to meet with staff to discuss this issue further.
Commissioner Friel reminded the Commission that we have received input
from industry representatives along with sample ordinances from other
municipalities. He stated that written comments will be most beneficial in
drafting an appropriate ordinance.
MISCELLANEOUS
The Commission inquired about pursuing the Tax Increment District
discussion tabled from April. Staff informed the Commission that Council
has already adopted the change at their May 3 meeting.
VERBAL REVIEW
Public Works Director Danielson gave a brief review of City Council action on
previous planning cases.
ADJOURNMENT
There being no further business, the Planning Commission moved to adjourn
its meeting at 10:12 p.m.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
PLANN/NG COMM/SS/ON M/NUTES - MAY 29, 1997 12
i0:
�
SUBJECT:
r�n►o
Date: 5-28-9T
Nayor, City Councit, end City Adminfistrato�
Paut R. Btrg� Gode EnforcemenL Officcr ��'�
Suildinp Activity Repart for May 1997
C RE F MO N Y R TO �ATE ,�T
BUILDING �
PERMITS: � Y?#�U8ti0fl !L OiR CL I
SFD 6 818,563.00 7,607.34 f
APT 0 0 0 �
TOidNNBUSE 0 Q 0 j
CONDQ 0 0 0 �
MSSC. 57 621,0'12.00 $,$82.07 �
CII 11 8bi,76t.00 7,673.43 �
"'..""""""�"'�.'�'.'«""'....��. ��.�i
Sub Total 74 2,301,336,OQ 24,112.44 �
TRADE
P RE MiTS:
Plt�nbittg 8 530.00 �
Uatar 6 30,00 i
Sexer 5 $7.50 I
Heat, AC, i
& Gas 21 89T.50 �
•.-•______________________•_•-.___.--------�
Sub To#ai 40 t,545,Q0 �
kO.t �i8�t18t�OTi FtC 6� CtCC� �
�
14 2,159,109.00 19,172.08 �
0 0 0 �
2 252,237.00 2,346.b3 �
0 0 0 �
'f24 1,2b4,098,0� 18,571,72 �
45 i,TIT,653.00 17,648.24 �
""""' ."' .' «"".' . � `�' _. �. � ... �.�
181 5,453,047.00 S7,T88.72 �
4T
17
16
2,021.UQ
85.00
284.00
82 4,285.00 �
--..' ..............�---^ ---�------i
t62 d,b71.g0 �
Y� Tp DAT� 96
Naa, Valuation ee Cal ected
2 345,54k.00 3,242.2d
0 0 �
4 467,426.qII 4,L69.03
0 d 0
120 1,137,599.00 1?,120.67
33 5,767,b05.�0 32�86b.84
159 7,768,6T4.40 57,698.85
b1
11
12
1,333.00
55.00
21q.04
82 11,41S.Od
146 t3,Q13.04
Cicensin9• j �
i I
Contractor's y �
licenses 30 750.00 ( 241 7,275.00 � 267 b,b75.00
---------------•-----------------.»_...----i---------____•_-•-•-•--------•______+___-^----______-----•__--_-------•-
Tata�l 144 2,301,336.00 26,40T.44 ! b34 5,453,U9T.00 71,734.72 � 572 7,7b8,6T4,00 77,38b.85
NOSE: Atl fee amounts exclude Sac, Yac, and State Surcharge. Amounts shoxn witt re#teet onty parmit, pian check fee, and
vatuetlan e�nounts.
NOTE: Ptease not• tha amounts shown for Condojs ere for units nox numbcr of buitdings.
r�
c�M
CITY OF MENDOTA HEIGHTS
MEMO
May 29, 1997
To: Mayor and City Council
From: Kevin Batch�lder, City Administrator
Subject: Service Delivery Agreements
DISCUSSION
As a member of the Dakota County Administrators/Managers group, I was responsible
for updating the Summary of Service Delivery Agreements for Dakota County and Constituent
Cities and coordinating the groups efforts to define areas where joint/cooperative agreements
could aid local municipal govemments. With the assistance of Lorenzo Davis, Intern - City of
Eagan, the attached list of existing service agreements was created. (Please see attached.)
The group members identified 123 areas where Dakota County cities, Dakota County,
local school districts and other agencies cooperate to provide services. Areas that were
identified as priorities for further consideration include the recent County study on radio
dispatch/800 MHz radio systems, ice arenas, and joint purchase/sharing of Public Works
equipment.
ACTION REQUIRED
There is no action required by the City Council. This item is being provided for
information purposes only.
��Y L L� ( �t �t 7 �
SUMMARY OF SERVICE DELIVERY AGREEMENTS
DAKOTA COUNTY AND CONSTITUENT CITIES
Dakota County and its constituent cities and townships have actively engaged in joint service delivery for many
years. As an example of the economies of scale and service level enhancements which can be realized through
cooperation, the following represents a summary of our present agreements/arrangementsfor joint service delivery.
For our purpose of organization, the cooperative examples are grouped by service azea, and are noted by type of
agreement: (n denotes written joint powers agreement, (A) denotes other written agreement, (I) denotes informal
cooperative agreement.
PUBLIC SAFETY
1. Police Deparhnent Master Mutual Aid Agreements
2. Dispatching Service Agreements
3. Emergency Management Mutual Aid Agreements with Several
Counties
4. Contracted Police Services Agreements Among Neighboring
Communities/Townships
5. East Metro Drug Task Force/South Metro Drug Task Force
6. Establishment and Operation of Multi-City MAGG (SWAT) Team
7. Multi-City Mutual Aid Assistance Group (SWAT) Team
8. Joint Indoor Police Firing Range
9. Joint Outdoor Police Firing Range
10. Joint Use of Police Personnel and Equipment
11. Agreement with Scott and Chisago Counties for Coroner
Services and Upkeep and Support of the Coroner Facilities
12. Purchase of Joint Radio Communication System Equipment
13. Joint SchooUCity Youth Relations Officers
14. Drug Abuse Resistance Education (D.A.R.E.)
Programs Between Cities and School Districts
15. Joint Establishment of Humane Society Animal Shelter for
Dakota County Cities
16. Provision of Animal Control Services with Various Cities
by Private Contractor
17. Bomb Disposal Unit Services with Cities of Minneapolis
and St. Paul
1
J
J
J
J
J
J
J
J
J
J
J
J
A
A/I
A
A
A/I
�
s '
SUNIIVIARY OF SERVICE DELIVERY AGREEMENTS
18. Police Education/Training through Various Sources - Dakota
County Technical College, Minnesota Bureau of Criminal
Apprehension, Police Training Advisory Committee of Hennepin
County and the Association of Training Officers of Minnesota
19. Membership in Tri-County Investigators Group
20. Arrests on County, State and National Warrants
21. Fire Department Master Mutual Aid Agreement with
Surrounding Cities and Metropolitan Airports Commission
22. Rural Association Service Agreement
23. Contracted Fire Service Agreements Among Neighboring
Communities/Townships
24. Fire Protection Service Agreement with University of
Minnesota
25. Joint Ambulance/EMS Pazamedic Services
26. Joint Fire Training Facility
27. Agreement with Ramsey County Fire Consortium for
Purchase of Fire Equipment
28. Cooperative Fire Protection Agreement with DNR
29. Hotel Inspection Agreement with State Fire Marshal
30. Joint Fire Training Program Through Dakota County Vo-Tech
31. Cooperative Agreement for Dive Rescue Program
32. Fire Prevention Education Activities Through the School
Districts
I
I
I
J
J
J
J
J
J
A
A
A
I
I
I
PUBLIC WORKS/HIGHWAY DEPARTMENT
33. Cooperative Agreement with the State of Minnesota and A
the District of Columbia on Improvement Projects
34. Agreements with Dakota County and the State of Minnesota for Operation and Maintenance J
on Traffic Control Signals, Opticon Included
35. Joint Agreements for Tra�c Marking, Street Sweeping Crack Sealing J
and Seal Coating Contracts
2
SUNIMARY OF SERVICE DELIVERY AGREEMENTS
36. Joint Agreements for Lift Station Operation and Maintenance
37. Joint Agreements for Sanitary Sewer and Storm Sewer
38. Joint Agreements for Sewer and Water, and Storm Sewer
39. Joint Agreements for Storm Drainage Ponds
and Other Storm Drainage Mechanisms
40. Joint Agreements and Improvement Projects with
Watershed Management Organizations
42. Joint Interconnection on the Water System
�
�
J
J
J
J
J
J
43. Joint Snow Plowing and Street Sweeping Services J
44. Cooperative Agreement with Regional Mutual Aid Association (RAA) for J
Emergency Equipment Rental from Other Metro Cities
45. Participation in Dakota County Solid Waste Abasement/Recycling Program J
46. Administrative Services Agreement between Dakota County J
and Rural Solid Waste Abasement/Recycling Pro�am
47. Joint Yazd Waste Composting Program
48. Joint Household Hazardous Waste Collections
49. Joint GoodwilUEaster Seals Recycling Centers
50. Provision of Semi-Annual Refuse Drop-off Service to
Empire Township
51. Various Utility Extensions with Neighboring Communities
52. Operation of Rural Water System with the University of
Minnesota
53. Joint Development of Geographic Information System (GIS)
54. Gopher State One Call Utility Locator Service
55. Urban Snow Removal Services with the State of Minnesota
56. Agreement with Metropolitan Waste Control Commission
for Sanitary Sewage
57. Agreement for Aerial Mapping with Dakota County and Dakota
Electric Association
3
J
J
J
J
J
J
A
A
A
A
A
SUMMARY OF SERVICE DELIVERY AGREEMENTS
58. Agreements with Dakota County and Dakota County Electric Association J
for GIS Purposes
59. Agreements with Dakota County for Cost Sharing on the Electricity Supplied J
by NSP and DEA on Signals
60. Agreements on Street Lighting with Dakota County, Dakota Electric Associarion, J
and Minnesota Valley Electric �
61. Agreement with MnDOT Municipal State Aid Department for Computer Link J
for City/County Bulletin Board and Year-End Reporting
62. Agreement with MnDOT Cartography Deparhnent for Comprehensive Base Maps J
63. Joint City-County Topographic Mapping A
64. A�reements with Various Townships and School Districts
for Street Maintenance and Construction, Sweeping
of Parking Lots, Sale of Street Maintenance Materials
65. Sharing of Public Works Equipment between Cities, School
Districts and State of Minnesota
66. Joint Maintenance Agreement between Cities for Border Streets
67. Contract with Dakota County Soil and Water Conservation
District for Erosion Control Plat Review Services
68. Joint Agreements with Dakota County and Cities of Dakota County for
Ground Water Modeling
PARKS AND RECREATION
Joint City/School Activities:
69. Joint Ownership of Ice Arena
70. Joint Construction and Operation of SchooUPark Sites
71. Joint Development, Use and Maintenance of Recreational
Facilities/Complexes
72. Joint Construction and Operation of Athletic Complex
73. Joint sponsored Senior Citizens Center
74. Joint Recreation/Community Education Pro�amming
75. Cooperative Scheduling of Facilities with School Districts
and Youth Associations
76. Shared Maintenance Equipment
4
J
J
J/A
A
I
I
I
I
SUMMARY OF SERVICE DELIVERY AGREEMENTS
Joint City Activities:
77. Joint Ownership and Sharing of Equipment
78. Joint Bidding on Equipment
79. Joint Recreation Programs and Special Events
80. Joint Ice Arena Parts Inventory
81. Joint Training of Personnel
82. Sharing Designs and Specifications (Hockey Rinks, Wanning
Houses, Infield Drag Design)
83. Shared Senior Center Facilities
84. Shared Parks and Recreation Programs
OTHER JOINT ACTIVITIES
85. Joint Powers Agreement Between Various Cities for Trail Grooming
86. Joint Participation in Youth and Adult Restitution Programs through
Dakota and Scott Counties
87. Agreement with Dakota Area Resources and Transportation for Seniors A
(DARTS)
88. Adopt-A-Park Program Agreements with Various Civic Groups A
89. Participation in Minnesota Valley Deer Management Activities A
90. Maintenance Agreement with Dakota County Concerning Trails A
along County Roads
91. Agreement with DNR for Cross Country Ski/Snowmobile Trails A
92. Tree Planting Services - University of Minnesota School of Forestry I
93. Agreement with Dakota Parks providing for their Grooming of Cross Country Ski Trails J
within the City.
COMMU1vITY DEVELOPMENT
94. Cooperative Administration of Community Development Block
Grant (CDBG) Programs
95. Joint Agreements Between Cities and Dakota County HRA for Various
Housing Programs
5
J
J
r'
SUMMARY OF SERVICES DELIVERY AGREEMENTS
96. Contracted Building Inspection Services to Various Townships A
97. Building Inspection Mutual Aid Agreements A
98. Joint Contractor Information Meetings and Joint In-Service Training I
99. Participation in Metro East Development Partnership and Dakota County I
Development Partnership • '
100. Cooperative Economic Development Programs with Other Cities, I
Dakota County, Chambers of Commerce and Educational Institutions
101. Agreements with Dakota County HRA regarding collective responses to the A
"Liveable Communities Act"
PERSONNEL
102. LOGIS Health Care and Life Insurance Services J
103. Joint Management Training Program for Supervisors (Management Academy) A
104. Joint Compazable Worth Study and Maintenance with Metropolitan A
Area Management Association
105. LMCIT Self-Insured Liability, Property and Workers Compensation A
Insurance Coverage
106. LMCIT Self-Insured Employee Dental Plan A
107. Joint Municipal Compensation/Benefit Survey Through League of I
Minnesota Cities and Metropolitan Area Management Association
ADMINISTRATION AND FINANCE
108. Joint Minnesota Valley Transit Authority (MVTA)
109. Joint Suburban Transit Association
110. Delivery of Public Transit Services Via MTC
111. Joint Agreement with MVTA for Construction of
a High Occupancy Vehicle Lane
112. Agreement Establishing I-35W Solutions Alliance Organization to
Improve Interstate 35W
113. Joint Cable/Telecommunications Agreements
114. Joint Operation of Cable TV Public Access Organizations
6
J
J
J
J
J
J
J
115. Cooperative Use of Mainframe Computer and Data Processing Services J
Through LOGIS Consortium
116. Cooperative Purchasing Agreements with Hennepin County, J
Ramsey County, State of Minnesota, St. Paul and Other Cities
117. Shared Use of Optical Scan Voting Equipment with School Districts A
118. Cooperative Agreement with State of Minnesota for A
New National Guard Arm'ories �
119. Participation in Dakota County Administrators/Managers Group I
120. Agreement with Dakota County for Computer Interconnections. A
121. Shared Information with Other Metropolitan HTE Users. I
122. Agreement with Dakota County for the Marketing of Tax Forfeit Properties J
within the City.
123. Joint Management Information Specialist position with other Cities of Dakota County. J
7
w� :
�
CITY OF MENDOTA HEIGHTS
MEMO
May 30, 1997
To: Mayor and City Council
From: Kevin Batchelder, City Administrator
Subject: Dakota County HRA - Livable Communities Funding Issue
DISCUSSION
This memorandum is to inform the City Council about some recent issues related to the
Dakota County cluster's participation in the Livable Communities Act. As Council is aware,
the municipalities in Dakota County banded together in an innovative approach to
cooperatively work together to meet the goals established in the Livable Communities Act.
Dakota County Housing and Redevelopment Authority (HRA) represents the cluster of cities in
Dakota County to collectively address the housing needs of our county and its residents. HRA
has the expertise, experience and a sterling track record over 25 years of providing housing in
this county. All the individual cities in Dakota County would not be able to do what the HRA
can collectively do for us as a group.
Because of Dakota County HRA's position on Holman Consent Decree, funding
decisions for housing efforts by the Minnesota Housing Finance Agency (MHFA) and the
Metropolitan Council are threatening our ability to meet our goals. This has Dakota County
quite concemed.
Attached you will find a letter dated May 13, 1997 Mark Ulfers, Executive Director of
the HRA, discussing this issue in more detail. Also attached are a May 8, 1997 letter from
Mr. Joseph Harris, Chair of Dakota County Board of Commissioners and a May 15, 1997
letter from Mr. James Willis, City Administrator of Inver Grove Heights. A summary of
Dakota County's position on the Holman Consent Decree is included as is a County Resolution
on this issue.
On June 5, 1997, the Dakota County cluster cities are meeting. Any concems, or
questions, from City Councilmembers regarding this issue should be addressed to myself prior
to this meeting.
ACTION REOUIRED
There is no action required. This item is being provided for informational purposes
only.
/
DAKOTA COUNTY
May 13, 1997
Kevin Batchelder
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
l�C�v : �
Dear ,�i1 .Ba�ehetd�t^"
m
Housing & Redevelopment Authority �i�-+�3--ts�
2�}9l-I�{i�h Sc W• Ru,emuunt, \IN ii063 • T.L).D. 612--}23-SI�? • FAX 6t2-�I
;�tt ,'"� }s( fi'': j; � j:{,��-
f • �...:..,•; k �'..'��
' ���� 1 � �997 �,
.,
L}�:Y �:: v��`�' ���J�J
...�.o . �.0 o�....y..�.�.r
i am writing io express my concern regarding ihe receni funding decision ot the IVlinnesota Housing
Finance Agency (MHFA), and its impact on the Dakota County Cluster. On Apri130, 1997 the Dakota
County HRA received notice that the proposed Lakeville Family Townhome Development was not
selected for funding. MHFA's state allocated resources are critical to the success of this project.
The HR.A staff were informed by MHFA staff that the primary reason the Lakeville development was
not funded is because it does not contain any public housing units funded through the Minneapolis
Hollman lawsuit. M�-IFA only fiznded new construction projects where the developer claimed he would
construct Hollman units. It should be noted that funded developers were not required to show proof of
city or county approval of the Hollman units. No new projects were funded in Dakota County, and, on
the whole, the new projects which received funding have considerably higher rents than the Lakeville
development.
Metropolitan Council staff are also recommending to the Council that the Lakeville development not
receive any funding from Livable Communities Act monies. Although the project is in Lakeville, it
would benefit all twelve member cities of the Dakota County Cluster by meeting Livable Communities
Act housing goals.
We are concerned that the inclusion of Minneapolis Hollman public housing units appeazs to be an
unwritten requirement to receive state and metropolitan affordable housing resources. On November 12,
1996 the Dakota County Board of Commissioners passed a resolution indicating that several issues
needed to be resolved before Minneapolis Hollman public housing units would be acceptable. Last
week, Dakota County Commissioner Joe Harris sent a letter to the Dakota County delegation on behalf
of the County Board expressing their concem. The letter is attached. HRA staff have been working for
almost two years with the parties involved in the Hollman lawsuit to try to resolve these issues. We
believe these issues are important to resolve before Hollman housing is implemented in the County.
In Dakota County we have strongly supported and promoted affordable housing efforts over the past
twenty-five years. Dakota County currently has the most public housing of any suburban county, with
625 units. In addition, we have over 3,000 subsidized units through the Section 8 Housing Program.
Since the inception of the HRA's Family Townhome Program, four developments have been completed,
housing 127 modest income families, with a fifth development currently under construction in Hastings
that will house an additiona131 families.
"AN E�UAL OPPORTUNITY E�iPLOYER"
M
4i
It is aur concern that fuhue efforts of the Dakota Couniy Cluster regarding Livable Cornmunities Act
affordable housing goals will be negated without funding assistance from MHFA and Metropolitan
Council Livable Communities Act monies. These funds are critical to the success of ineeting owr
affordable hausing goals and greparing far the high demand projected for Dakota. County.
If you share aur concem about the I4�FA Multifanuiy Housing funding process and its results, please
help us by taking the following actions:
1) Call your Metropolitan Council Representative, Kevin Howe at 671-3142. The Metrapolitan
Council will act an the funding recommendations at their May 22 meeting. Met Cauncil staff are
currently not recommending the Lakeville project because it did not xeceive the MHFA funding.
Remind your repxesen#ative that, accarding to the Met Cauncil's awn data, by 2014 Dakata County
will have a greater need for affordable housing than any ather metropolitan county. We cannot
meet this need t�r comply with the Livabie Communities Act without metropolitan resources.
2} Please contact the County's state legislatars. l��A is appropriating state funds in its funding
process. Request that state resources for new affordable housing in the metropolitan axea not be
restricted ta developments that contain Hoilman public housing units. Let aur legislators know that
we need some state resources for the Lakeville development and future developments to meefi
Livable Communities Act gaals.
Tn order far the HRA to continue to provide quaiity affordable housing to families in Dakota County, we
need a cantinued partnership with our state and metropolitan funders. Your assistance in ensuring
affordable housing resaurces are not tied to Hollman units and ensuring that accepting Hollman units is a
voluntary program would be agpreciated.
Sincerely yours,
I ' ��
r� �� � �
r-�
Mark Ulfers
Executive Director
05i 13i97 09 : 50 DA{COTA COIINTI'�1DM I N I STRAT I ON 062
DA KOTA C�U1V T Y �o�N=Y Ho Ao
May 8, 1997
(812) �138-4t18
�AKOTA (:OUNTY GOVEANMENT GOMP�EX 1590 HWY. 55 � HASTINGS. MINNESOTA b5033•2372
Senator Steve Murphy
Minnesota State Senate, District 29
Minnesota State Capitol
St. Paul, MN 58155
Desr Senaior Murphy:
•
On behaif of #he Dakota County Board of Commissioners, we would like to express vur cvncem
tegarding the recent fu��ding decision of the Minnesota Housing Finance Agency (MHFA). On
Apri130, 1997, the Dakota County HRA received notice that the proposed Lakevills Family
Townhome Development was not selected for fundfng. MHFA's state-allocated resources a�e
critical to the success of this project.
The HRA staff we�e infonned by MHFA staff that the primary neason the Lakeville development
was not funded is because it does not contain any public housing units funded through the
Mlnneapolls Hollman lawsuit. MHFA only funded new construction projects where the
develope� claimed he would construct Hollman units. It should be noted that funded developers
were not required to show proof of city or county approval of the Hollman units. No new
projecis were funded In Dakota County and, on the whole, the new pro)ects whlch received
funding have conslderably hlgher rents than the Lakevflle development.
Metropolitan Council staff are also recommending to the Counclt that the Lakeville development
�ct raccive any fundl�g frem �iva�;� Gommurit;es Ac: r�;�r�6es, Alth�;.i9h t�z prejec; 6s in
Lakeville, it would b.enefit all twelve member clties of the Dakota County Clusier by meeting
Livable Communities Act housing goals.
We a�e concemed that the inclusion of Minneapolis Hollman public housing units appears to be
an unwritten requirement to receive state and melropolitan affordable housing resources. On
November 12, 1996, the pakota County Board of Commissioners passed a resolution indicating
that several issues needed to be resolved befare Minneapolis Hollman pubtic housing units
w�uld be acceptable. The resofution is attached. HRA staff have been working for almost two
years with the parties involved in the Hoilman lawsuit to try to resolve these issues. We belleve
these issues are important to resolve before Hollman housing is imp�emented In the County.
o..�.�...... .e�..�ie.......e. �utw Mu.�nns�imar /� AN EOUAL
�' 05i13i97 09:51 D�COTA C�ITY-ADMINISTP.ATION 003
In Dakota County, we have strongly supported and promvted afbrdable houstng etforts over Uie
past 25 years. Dakota County cuRentiy has the most public housing of any suburban cour�ty,
with nearly 350�uniis. Si�iCE the (ncQption of tt�a HRA's Famiiy Townhome Program, faur
developments tiave been completed, houaing 127 modest income famiiles, with 8 fifth
devetopment currentiy unde� construcrio� in Hastings tt�at wilf house an additional 31 families.
It is Qur concem that tuture efforts vf the Dakota County Ctusier regarding Livable Communittes
Act affiordable �iousing goals will be negated withaut funding ass(stance from MHFA and
Metropolftan Cbuncfl l.ivable Communities Act mo�les. These funds are c�iiicai to lhe succsss
of ineeang our �ffordable housing goals and preparfng for the high demand projected for Dakota
County. We respectfuily request that state and metropoiitan resources for new affocdable
housing nvt be restricted to developments that contain Hollman publ(c housing units. Your
assistance in ensuring affordabie housing resources are nol tied t� Holirnan units and ensuring
that the Hollman units are a voiunteer program woufd be appreciated.
Sincerely,
Z���
Joseph A. Harris, Chair
Dakota Coun#y:Board of Commissioners
cc: Members; Dakota County Doard of Commissioners
Brandt RiChardson, County AcEministrator
James Solem, Metropolitan Council
Julius Smith, Metropolitan Council
Kevin Howe, Metropolitan Council
Te�ry Flower, M�tropolitan Council
Commissioner Kit Hadtey, MH�A
Mayor Duane Zaun. City of Lakeville
BOARD OF Ct3UNTY COMMfSSiONERS NOI� 1� i996
DAKC?TA COUNTY� MtNNESdTA
Naverstber 5, 1996 Resalution No. �6-6�3
Motion by Cammissioner Krause Secanded by Cammissioner Bata�lia
Review ot Ho!lman Positian 8ummary Devetoped by the
Dakota County Housing and R�development Authority
WHEREAS, a number of residerits o( Mirtneapo!"rs {wbtic hausinp toQether with the Minneapoiis Branch o! the
Nationai Association for the Advancement ot Calas�d People, r+apc�seMed by tha LeQal Aid Society of
Minn�apolis, sved ttte Minneapatis Pubiic Housing Authority, the Melropolitan Council, ar�d the CkpartmesTt af
Housin� and Urban Devefopment; and
V+1FiEREAS, the t�wsuirt aii�sd tltat '�h� deiendarrts operatesi Public HousinQ and Sedion 8 pro�rams in
Minneapolis sc as to cr�ate and perpetuate pattems of raciat segregation by concenVatir� subs3dized units an the
near north side of !he city; and
WHEREAS, to avoid expensive litigation and to improve the housing cl�oic�s ior Minneapalis pub(ic housing
residents ihe parties to the lawsuit entered inta a Consent Decree in April of 1995; and
WHERERS, a iarge part of the Consent Decr�e involves the relocatfon of up ta 59Q Holtman replacement units
vrithin the suburbs; and
WHEREAS, the success of the Gonseni Decree depends on the suburbs votvntarify taking responsibilify for a
significant part af the salution; and
WHEREAS, the Dakota County Hausing and Redeveloprnent Authority (HRA} has not received an acceptable
response on several critical issues regarding haw the diredives of 2he Gonsent �ecree are to be carried aut; and
WHEREAS, ihe HRA has develaped a Ho{tman Positian Summary which inciudes several Policy Statements
outlining those criteria that the HRA believes should be addressed prior to acceptance af Hof(man repiacement
units in Dakota County.
NOW, THEREFORE, SE ;T RESQ�VED, 7hat the Dakota County Board of Cammissioners hereby finds fhat the
Paiicy Statements within the Dakota County HRA Hollcnan Position Sumrnary, as presertted to the �Physicaf
Oevelopment Gommittes of the Whoie on Octaber 29, 1996, are appropriate issues tor resolution prior io
acceptance of Hollman replacemeni un�ts in �Jakota County.
STATE OF MlNNESQTA
Gwnty ot Dakota
YES
Harris __,�„__ tlarris
MaRef X
8attglia X
Mueikr _, CZ„
Tutner �_
Krsvsr �S_,.
Laedin9 _,_,�`
Maher
Batagiia
�
I, M�uY S. Sr.l�eide. Cksic !o the &wd d 2M C�y d t�ka+a, S'tsta oi
I+Ahtnsota, do hefeby cx�tify ttwt t ts�v�e � tht for�oic� caPY ot
a resotution wia, n,e «;panu mir�ses a th. prMsea;r�qs ot tt�e soaro ot
Cottnty Commistic�ets. Qik�s Cotsity, IV�rtnesota, at ttw� s�s,siat heid
ext the 5th dsy of Novembet 1996, now an fik kt the CountY
A�atiorf De�attment, ttx! have fourx! ti'�e ssnx to be : true sad
Gorrect c�ry !lteseaf.
Muefttr Wdness my tt�u�d and affic'ct1 sp! of Dakcqi Counly this 42ih Q�ry of
Turner NovemDer t996.
Knuse ����� � •
�� "
�- Cirk bo tMt Bo�rd
oAKOT� couanr r�Ra
�oLLMAN PQ�moN suMMARY
� The No!lm�n, et �!, v. Ctsn�z�s, eL ai. {ak.a. Matna�a tfOuaErtg Uppartunides Progrs�m - MHOFj SOttiemeM
represents a S1fl0 mil!'san infuslon of t+edera! 1Udds ir�a t�e Twtn C�as br ef%rdat�le housi�g. it ms�y a{so �ravide e
unique oppo�tunhy tc achieve a mora belanced dis4lbWtot� of a�ble� houstrfg lhrou�hcut the iVvir� Cttles
mefropo�itan area. Unfo�tunately� whib tfie No�man settlemeat may be wefl Irrtd�ded. it appearst titat
ir�ptementaticr� wi#1 be arlministrativety and poiitiwily �fCuuit 2�t best. _
Dakota County and iCs cities wera avi par#Ies to the iawsuit anQ ltave ttoi beett �cCttsad of diSCrt"minati0rt.
Neverthele�s, the settlement depends on !he suburbs tn v un ril t�ka r�e�por�sibiGiy for a stgnf�Cant part of the
soiution. . '
AlthouQh the NRR ha� been negotiating in gcad faith with the Minneapali� PubBc fiousing Agency (MPHAj to
reaolve Yariaus concems, we have not recenred at� acceptsble t+e&ponse att sevenai ctitficat issstes, WC feei the
onus is on the MPHA and its co-defendants to propbse an acceptable artangemeni fat' QBkota Covnty !o accept
Hotiman Units. •
Dakat� Caunty slready has it�e targest pubf'ic hausing program out5ide of Minneapotia ar�d S�. Paul. There are a
ta#ai of 625 publis hous�ng u,nits in Dakota Cannty. The Courrry #taa been acctivveiy parti�ipatinQ in this p�cgtam since
the late 1980's. tn addthon to !ts public hous(ng units, Qakota County HFiA owr�s a tata! cf 5Q9 aftbtdabte housfng
units through its senia� hauaing developments at�d famlty housing pertnetshtps. Dakota C�cattty liRA also
administ�rs its own ailocation of over 1,D00 Sectlon 8 certiRcates and vdud�ers, as we(I aa anottter342 poctabls
ccrtifrcates and vouchers for othar agencies. Anci there are anomer 1,3g3 aubaidizeu unita in the caunty th�at are
rr►aaeg�d by non-y�ro.stt stsd lcas'-�rofit �ntifies.
,. The C]akota County HRA hsg a traditlon of providing high qu�![ty, geaulnely af€ordable hausfn� for tamqies who live
` and wortc tn Dakota County. in order fior the HRA to continue khis tradtaon wlth units funded try the tioAman
sef#lemenf, a few key issu�s must be resoived. Proposed poilCy 9tatements are set forih hetein, whtch lderarty ttte
mfnimurrt cr9teria #o b� satis�recf befare Dakt�ta Caunry HRA wiit administer tiollman Units in C1aKota Courtfiy.
PC►LiCY S1"ATEM�NTS • '
�#. Waitina �fis� 'iiiera ere cvrtently over 800 fami(ies on the FiRA's pubt'�c housing waltin� Ilsi In Dakota
Gounty, tt is onty fa�c that it Qakc#a Caunty communEtfes are ta be responsible far these unfits that our tow income
residen#s and employ�es have equat accssa tn khls housltt�. Thetefttre, 08kote Cottttty tesident8 must h�Ye 8n
equal opportunity fo� tt�es� units with the groups Specitted In the lawsuit as MHQP ptis�rities.
2. Devetopment Funds: The Noiiman Units must be funded adequately to mcet t�e HRA's physiral standards
far new developments (i,a, attached garages, cement cutbs, maintenanc� fi�e aiding, tot iots, ete.j. The un�s must
rec�iva angairsg cperating subsidy and comprehenslve grant funds for r�tadamiza�on.
.3. Public WouslncLManaaement Assesament Proaram fPHMAPI: A waiver o� madt�catloa regarding the
PHGMAP vacancy indicator must be received from HUD to ensure that participadon In MHOP would not negatively
a#f�cf the NRA`s PHMAP scare in this aree.
4. Fstr Share: E7akat� County t�as dorae an exceltent Job at working to provide afforoaQte hous3ng opdona far
femlliea and seniors. This eftoct has been made over a 25 year tJme perlod and +s not a recsnt �evelopment
Before accepting Hoilman units ft wauid be necesSary th2t Ute Met�opolitan Council put irt place a f2ir sharG
altoca#ion pian to ensure t,�e �+quitab(e dtstributien of Hollm�n units. it is oniy falr thn�t citles In the metr�polita� area
that have dane very titzl� to take responsibllity fa� affardsb�e housing partidp�t� in Hoitman.
�' .
5 �
0{�UU�2
r
�
S. Dakotw GounN Servte� Gpsta: Gtven tttAt pubUc houainy� onfy generatas � payme�t !t� IIEu c�f taxes, u Is
likety that the strvicG aasts w�1! s3�nificantfy axceed revenua g�erated frorn MHOP uniis. it W noceasary that we
roceive aasvrar�ce that accapt�rsca vf inese unlis w�i aot hcur an undue tmanciat hardship in �te Oakata County
Community Secvir.as 8udgei
WQ roatize �at M meet our atr�ove smted concems the MPHA and other partf�es to the Consent DeCree will rteed te
make soma adjuatments to their aurrant ptat�s. YVe feei aWngiy tttat the above dtanges wiit be berteficiai to aQ'
concarned: It has beea the e�cperienca ot tt►e aakata Counry MRA and the best aotuCons as�s those that invoive the
input and participatior� o€ af! pa�es. Wlthout tf�ls und$rstandinq, agreemeat with Dekots Caunty reQartltng Notiman
wiil be dlf�cuiG - .
6 �
+.�i.i�3U9;3 �
�
a
c�ty of NfAY 1 ° �99T
INVER GROVE HEIGHTS
May 15, 1997
Mr. Curt Johnson
Chair �
Metropolitan Council
230 E. Fifth Street
St. Paul, NIN 55101
Dear Mr. Johnson:
This ]etter is written out of deep concem with respect to the direction the
Metrc�.•olitan Council staff recommendations appear to be emerging with respect
to the Livable Communities Act project funding.
The Dakota County Housing and Redevelopment Authority, as you know, represents
the cities of this county in our effort to collectively address the housing
needs of our county and its residents. We have banded together in an innova-
tive approach to cooperatively work together to meet goals established
pursuant to the Livable Communities Act. It is therefore extremely disap-
pointing to learn tr,at these endeavors are not being fully recognized by the
Metropolitan Council s�aff because of issues surrounding the Minneapolis
Holman litigation settlement.
We are further disheartened by the realization that the Minnesota Housing
Financing Agency (NIFiFA) appears to have established a litmus test with respect
to its review of housing application funding based on the inclusion of housing
uziits funded through the Holman settlement.
The net effect of the t�iFA action and the pending action by the Metropolitan
Council will be to cripple our collective ability to provide new affordable
housir.g within Dakcta County. I am confident this is not the intent of the
Metropolitan Council, but it is likely"to be the unanticipated consequence of
the current course upon which you appear to be embarked.
I urge you and your colleagues to support our collective efforts to meet our
Livable Communities Act affordable housing goals in a positive and proactive
fashicn. Without the active support of the Metropolitan Council and, of
course, the NIFiFA, it is highly likely we will not be successful.
Yours truly,
CITY OF INVER GROVE HEIGHTS
�
� ��_
� s G. Willis
Cit Administrator
8150 BARBARA AVENUE • INVER GROVE HEIGHTS, MN 55077
TELEPHONE (612) 450-2500 • CITY OFFICE FAX (612) 450-2502 • POLICE FAX (612) 450-2543
May 21, 1997
MEETING NOTICE
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METROPOLITAN LIVABLE COMMUNITIES ACT
DAKOTA COUNTY CLUSTER
Progress Meeting
Dakota County HRA
2496 145th Street West
Rosemount MN 55068
Please mark your calendar for:
, Thursday, June 5,1997
� 10:00 a.m. to 12 noon
Enclosed please find a copy of the letter distributed by Mr. James Willis, City Administrator of
Inver Grove Heights, regarding LCA project funding.
The agenda is forthcoming in the mail. Please contact Tracie Chamberlin at 423-8116 with any
agenda suggestions or questions regarding this information. We look forward to seeing you
there. (Refreshments to ve provided.)
CITY OF MENDOTA HEIGHTS
�� �
May 29, 1997
TO: Mayor, City Council, and Ciry � ctin%strator
. u
FROM: Marc Mogan, Civil Engineer MSM
SUBJECT: Bunker Hills Project Status
Job No. 9514, Improvement No. 96, Project No. 3
DLSCUSSION:
A feasibility report was presented and accepted by Council for the Bunker Hills Street
Reconstruction project at the August 20, 1996 Council meeting. A public hearing was held on
September 17, 1996 at City Hall to discuss the project. Council continued the public hearing,
and directed staff acquire additional survey data which would be used to prepare detailed exhibits
showing possible and specific project construction impacts on the neighborhood.
Council agreed to schedule a special workshop meeting with the neighborhood to present
this information at some future date, but also stated this additional work could delay the project
beyond the 1997 construction season. Inclement weather did interrupt the field survey work in
progress. This delay necessitated postponement of this project until the 1998 construction season.
Council formally closed the continued public hearing at their 7anuary 21, 1997 Council meeting,
and thereby concluded their consideration of this project for the time being.
Council agreed to formally initiate the public improvement process again this summer by
scheduling the promised neighborhood workshop meeting for sometime in June of 1997. The
Engineering Department will not have sufficient time to prepare and present this information for a
workshop meeting in 7une given the current workload associated with the Tilsen's Highland Heights,
Dakota Valley Bank, and Pine Creek Estates projects. Scheduling this neighborhood workshop for
Tuesday July 29, 1997 (the Sth Tuesday) should provide the Engineering Department sufficient time
to prepare for this meeting.
ACTION REOUIRED•
None. For information only.
���
CITY OF MENDOTA HEIGHTS
�� �
May 30, 1997
TO: Mayor, City Council, and City A r
FROM: Marc S. Mogan, P. E. , Civil Engineer MS �
SUBJECT: Pine Creek Estates Utility Improvements
7ob No. 9304, Improvement No. 93, Project No.
DISCUSSION:
Council accepted the feasibility for this project at the August 20, 1996 meeting with a
stipulation that the City notify the affected property owner(s) of these plans by scheduling a
public hearing to present and discuss this information. Since the project affects only the
Ridder's vacant property and because the costs attributable to this property would be recovered
by means of connection charge at some unknown future date, as opposed to a special
assessment levy upon completion of the project, staff felt that this information could just as
easily be presented to the Ridders at a staff ineeting rather than a public hearing before the
Council. Kathleen Ridder attended a meeting at City Hall on September 16, 1996 with staff
members to review specifics of this proposed project, and voiced no concems or objections
with the these improvements as they are being presented.
The developer has made some time commitments to the purchasers of the lots in this
Pine Creek Estates development, and is anxiously awaiting construction of these
improvements. It would be our preference to bid this smaller project with another City
improvement project to attain the best unit prices possible through the economies of scale.
Bidding this project with the proposed relatively small Dakota Valley Bank frontage road
project would be advantageous and desirable for both projects.
Council has already approved the Dakota Valley Bank frontage road project, pending
execution of the MnDot cooperative agreement. Site improvements are proceeding quickly on
the SuperAmerica parcel, and consequently it is imperative that the Engineering Department
expedite completion of the City's frontage road improvement project as well.
PRO.TECT SUMMARY
An 8" sanitary sewer line will be extended easterly across Dodd Road from a
connection to the existing 9" vitrified clay sanitary sewer main in the west boulevard in
MnDot's Dodd Road right-of-way. MnDot will not allow Dodd Road to be closed for the
installation of this sanitary sewer line by open cut construction methods. Consequently, this
sanitary sewer li.ne will have to be jacked under the highway. A section of this new sewer line
will be extended northeasterly to the property line, in conformance with the Somerset Area
Study Inventory & Analysis prepared in 1993, to facilitate future development to the north.
A fire hydrant would be constructed from a wet tap connection to the existi.ng 16"
ductile iron trunk watermain in the east right-of-way boulevard of Dodd Road. Individual
water service connections would he extended from this fire hydrant lead to serve the two lots
in Pine Creek Fstates.
A culvert would be constructed to convey storm water within Pine Creek under the
common driveway which provides access from Dadd Road to Lots 2 and 3 of Pi.ne Creek
Fstates and the undeveloped portion of the Peterson property to the south.
PRO.TECT SCHEDULE
Engineering staff has substanrially completed the plans and specifications for the
project. The next step is in this process is to advertise for bids. A proposed schedule for the
remainder of this project is shown below.
YY�I►�
Approve Plans & Specs
Open Bids
Award Contract
Begin Construction
Substantial Completion
RECOMMENDATION•
DATE
June 3
June 30
7uly 1
July 7
7uly 31
I recommend that Council approve the final plans and specifications, and authorize staff
to advertise and bid this project together with the Dakota Valley Bank frontage road
improvement project which Council has approved previously.
ACTION REQUIRED•
If Council concurs with the recommendation they should pass motions adopting
Resolution No. 97- RESOLUTION APPROVING FINAL PLANS AND
SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BID5 FOR
SA1vITARY SEWER, WATIE]EtMAIN, AND STORM SEWER IMPROVIIVIENTS TO
SERVE PINE CREEB ESTATES AND A PORTION OF LOT 49 OF AUDITOR'S
SUBDIVISION NO. 3(IlVIPROVIIVIENT NO. 93, PROJECT NO. 1)
MSM
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 97-
RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS
A1�TD AUTHORIZING ADVERTISIIVIENT FOR BIDS FOR
SANI'rARY SEWER, WAT�:RMAIN, AND STORM SEWER IlVIPROVIIVIENTS TO
SERVE PINE CREEK ESTATES AND A PORTION OF LOT 49 OF AUDITOR'S
• SUBDIVISION NO. 3 -
(IlVIPROVIIVIENT NO. 93, PROJECT NO. 1)
WHEREAS, the City Engineer reported that the proposed improvements and construction
thereof were feasible and desirable and further reported on the proposed costs of said
improvements and construction thereof; and �
WHEREAS, the City Council has heretofore directed that the City Engineer proceed with
the preparation of plans and specifications thereof; and
�VHEREAS, the City Engineer has prepared plans and specifications for said
improvements and has presented such plans and specifications to the City Council for approval.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Mendota Heights, Minnesota, as follows:
1. That the plans and specifications for said improvements be and they are hereby in
all respects approved.
2. That the City Clerk with the aid and assistance of the City Engineer be and is
hereby authorized and directed to advertise for bids for said improvements all in
accordance with the applicable Minnesota Statutes, such as bids to be received at
the City Hall of the City of Mendota Heights by 2:00 o'clock P.M., Monday,
7une 30, 1997, at which time they will be publicly opened in the City Council
Chambers of the City Hall by the City Engineer will then be tabulated, and will
then be considered by the City Council at its next regular Council meeting.
Adopted by the City Council of the City of Mendota Heights this 3rd day of June, 1997.
CITY COUNCII.
CITY OF MENDOTA HEIGHTS
�
ATTEST:
Kathleen M. Swanson, City Clerk
Charles E. Mertensotto, Mayor
PINE CREEK ESTATES
.� .. �. t
CONSTRUCTION PLAN FOR: STORM SEWER� SANITARY SEWER� AND WATER MAIN.
NORTFI
ROUND
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I I FEREHf C�iliY iFIAT iFiS PtAN MWS PREPARED
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I AY A q1LY REpS1EnED QIGIEF7l tlOER 1FE WIS
Oi iFE STAIE OF 1111l56TA
CITY OF MENDOTA HEIGHTS
IIW V1C7�oMA p111! t�oTA FI�ICNft„ Ml 6611E
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GOVERNINO SPEdFIG710NS
THE 108E EDrtION OF 7HE YINNESOTA
DEPARNEM OF TPoWSPORTAiION
STMl�ARD SPECIFlCA710N5 F6R CONSlRUC�ON
(/S �WENDFD Bf THE 11AY 2. 1YD4. SUPPLF]IEMAL
SPEGFIGTIONS) SFU11 COVQiH.
BEFORE IXCAVAlION CHEp( UfNftY lOCA710N4
OOPF#R STATE ONE GLL 434-0002
GBLE 1W. CONfY1ENfAL CABLEVISION 292-0116
SL PMJL WATER UTR11Y
�JCINEERINO. Y6PECI10N t 7ESINJO 28G-8210
YENDOTA Fi�CH15 PUBIJC NfORKS 454-40.SD
MiNDOTA HEMFrtS ENGINEEPoNO DEPAR7MENT
OESqN. SURVtY Ji WSPEC710N IS2-1E50
�city or Pine Creek Estates
Mendota
'�'' �' HeiqhtS Water & Sewer Mains
Yr • ��1 R�� ! �:1�i(i'1:1�t+`�
I�a 1 �Il� i
May 28, 1997
�
TO: Mayor, City Council and City Adm�z f' or
FROM: James E. Dani.elson, Public Works Directo �
SIJBJ�CT: Pave Senior Housing Trail
i�ISC3TS�.�
As the park dedicatian to the City for their Senior Housing Project, Dakota County
I�[RA agreed to pave the e�cisting gravel trai2 that connects the Mendo#a Mall ta the Friendly
Hills neighborhood. It was determined that, because of Federal niles, the HRA is not able to
complete any wark off their building site, They are therefare unable to pave the tiail
themselves and have requested that the City complete the work as part of the Public
Improvements Project. Because we were not aware of the Fedezai Rules that prevented off-site
work at the time we put the public improvement project together, we did not include the work
within our bids. We have therefore received the follawing quotes to camplete the work by
purchase order:
BIDDER:
Pine Bend Paving
South St. Faul, MN
Bituminous Roadways
Inver Grove I�eights, MN
Daily and Son Blacktopping
Newport, MN
; ! v���� alt a M � �
► ��
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$5,496.00
$5,625.00
I recommend that a Purchase �rder be awarded to Pine Bend Paving far their low bid
of $4,350.00 to cansmuct a bituminous t�ail from the Dakota County HRA Senior Hausing
Project to the Friendly �:[ills neighborhaad. All costs for the work will be paid for by the
Dakota County HRA.
�*C��Ci � ;. �1Ti� �:�!�
If Council desires to implement the recommenda.tion they shonld pass a motion
awarding a purchase order to Pine Bend Paving for their Iaw bid of $4, 350.00,
'_�
CITY OF MENDOTA HEIGHTS
MEMO
May 29, 1997
To: Mayor and City Council
From: Kevin Batchelder, City Admi
����
Subject: Amendment to Dispatch Service Agreement with West St. Paul
DISCUSSION
In 1995, Mendota Heights agreed �o a two year service agreement with the City of
West St. Paul for dispatch services for police and fire. This two year agreement covered
service for 1994 and 1995 at a fixed amount of $64,000 per year for each year. In 1996,
Mendota Heights agreed to a one year extension for an amount $65,920, which was based
upon a three percent (3 %) inflation factor determined by the Consumer Price Index for
Minneapolis/St. Paul and West St. Paul's increase labor costs that resulted from union
negotiations.
It is now necessary to reach an arrangement for dispatch services for 1997. The City of
West St. Paul has submitted a proposal to Mendota Heights for consideration. (Please see
attached May 12, 1997 letter from Ms. Dianne Krogh, City Manager of West St. Paul.)
The City of West St. Paul has proposed a 3.3 percent increase in the fixed rate
agreement to cover dispatching costs for 1997. This proposal is based on the Consumer Price
Index (CPI-Ln for December 31, 1996 and their expenditure experience in 1996. The budget
for the Communications Center at West St. Paul is primarily wages and benefits. In 1996,
West St. Paul budgeted $331,900 for the Communications Center and incurred actual expenses
of $360,276.
West St. Paul has subnutted the attached Amendment No. 3 for consideration. The
proposed amount for dispatching services in 1997, with the proposed 3.3 % increase, is
$68,100. This amount represents an increase of $2,180 for 1997. Mendota Heights has
budgeted $65,600 for dispatching in 1997.
ACTION REOUIRED
Review the proposed dispatch agreement from the City of West St. Paul. If the City
Council agrees with the proposal, they should pass a motion approving Amendment No. 3 and
authorize the Mayor to execute the agreement.
'..Y'i ""'-'—'.,4 ,
May 12, 1997
Kevin Batchelder, City Administrator
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Kevin:
CITY OF WEST �T. PAUL
1616 HUMBOLDT AVE., WEST ST. PAUL, MN 55118-3972
ADMINISTRATION 552-4100
POLICE 552-4200 ��R ,� r.�
FIRE 552-4239 r" /�)�,_ 45F �, �, �i :�.�,�
C 1! t � t4� 4� � �
TDD# 552-4222 �;� � ' � �
EMERGENCY 911 � ' `' � yp�`�
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As discussed at our May 5, 1997 meeting, the City of West St. Paul has reviewed the annual
dispatch agreement with the City of Mendota Heights.
Enclosed are two copies of the original agreement for the appropriate signatures and an invoice
for the services. Please return the signed agreement and payment and we will forward a fully
executed copy to you.
Yours truly,
,�
��, �.i-�`�y.�-
Dianne R. Krogh
CITY OF WEST ST. PAUL
City Manager
Enclosures
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
e
,�
AMENDMENT NO. 3
The Agreement regarding dispatch services, entered into March'15, 1983, between the
City of Mendota Heights and the City of West St. Paul, and amended pursuant to Amendment
No. 2, is hereby iurther amended by mutual agreement pursuant to Section 8 of the original
agreement.
It is hereby agreed that, notwithstanding the language pertaining to calculation of cost,
the 1996 obligation of $65,920 shall be increased by 3.3%* for 1997, in recognition of the costs
of inflation, yielding the sum of $68,1Q0. This shall represent full payment by Mendota. Heights
for the services enumerated in the Agreement.
*Minneapolis/St. Paul CPI-U 12/31/96
CITY OF MENDOTA HEIGHTS CITY OF WEST ST. PAUL
_:
:
Daie:
:
:�
Date:
'Fhe Agreement regarding dispatch services, entered into March 1 S, 1983, between the
Gity a:fMendota Heights and the Cxty of West St. Paul, and amended pursuant to Amendment
No. 2, is hereby further amended by mutual agreement pursuant to Sec#ion 8 af the original
agreement.
It is hereby agreed that, notwithstanding the language pertaining to calculation of cast,
the 1996 obligation of $b5,924 shall be increased by 3.3°l0* for 1997, in recognition of the costs
af inflatiou, yielding the sum of $68,1Op. This shall represent full payment by Mendota Heights
for the services enumera#ed in the Agreement.
*MinneapolislSt. Paul CPI-U 12/31/9b
CiTY QF MENDOTA HEIGHTS CITY OF WEST ST. PAUL
:
:
:
Date: Date:
� INVOICE
.;
5/
CITY OF WEST ST. PAUL
1 61 6 HUMBOLDT AVE.
WEST ST. PAUL, MN 551 1 B
(612) 552-4100
SOLD TO
� City of Mendota Heights �
1101 Victoria Curve
� Mendota Heights, MN •55118 �
SHIPPED TO
006527
68.100.0
Reorder Item NNVN113 The Drawing Board, P.O. Box 2944, Harttord, CT 06104-2944 �� t' ��.'
tCEGI, 1982, Printed in U.S.A. �(��
ORlGINAL
Mendota Heights Police Department
MEMORANDUM
May 28, 1997
TO: Mayor and Ciry Council
City Administrator (G�
FROM: Police Chief �,
SUBJECT: Appointment o�f O�cer �
The Police Department requests Council approve the probationary appointment of David
Odlaug to the position of Mendota Heights Peace Officer.
With Council's pernussion we have moved through the selection process to find a
candidate to fill the vacancy created by the retirement of Sgt. Wicks. We aze
recommending the appointment of David William Odlaug. Odlaug is a Mendota Heights
native who grew up within a mile of the police department and, while in school, served an
intemship with us. He is a graduate of St. Thomas Academy and St. Mary's University.
David presently works as a peace officer fo: the ?.irport Police Department but has
indicated that his career goal was to come to work for us. Our candidate has successfully
completed the written, oral, physical, psychological and background examinations that are
a part of our process and we strongly recommend his appointment.
The Mendota Heights Police Department recommends that the City Council appoint David
Odlaug to the position of probationary peace office at the wage rate specified in the current
labor agreement. This appointment will be effective as soon as the candidate has ternunated
his present employment.
LIST OF CONTR.ACTORS TO BE APPROVED BY CITY COUNCIL
June 3. 1997
Concrete/Masonry Contractor License
Northwestern Masonry
Excavating Contractor License
Dean's Construction Co
State Mechanical Inc.
Gas Pipina Contractor License
Roseville Plumbing & Heating, Inc.
HVAC Contractor License
Roseville Plumbing & Heating, Inc.
S & S Plumbing & Heating
G�neral Contractor License
Countryside Pools Inc.
Keller Residential, Inc.
M J Construction Exteriors Inc.
M. A. Mortenson Company
Nardini Fire Equipment Co., Inc.
Tappe Construction
Vanman Construction Co.
Drywall/Stucco Contractor License
American Drywall
K.M. Nelson Stucco, Inc.
Sign Contractor License
ASI Sign Systems
Landscape/Tree Service Contractor
Accent Lawn and Landscaping Inc.
_ _.. June 3, 1997
�i� .
L•. C
TO: Playar and Citg Counci
Y ' CiAIKS ISST SUMM]�RY;
� . Total Cla3ms
0
Stgatf3caat CZaims
Hughes & Costello
.' MCES
NSP
UIIusuaZ C2aima
Amoco
Crabtree Co
McOonal�s
0
j"/--,�'�
. . � :i ��5��'�','tiyt.
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• sewer 74,368 ' ,;�;:•,..
utilities 4,018 =�';�„
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easement 3,873 '
printer 3,505 •
easement 3,676 •
i �� June 3, 1997 Ciairns List �P� I5'E�91" Dept-�8=�t�d ties s�ace 1
_, �ri 3:35 AM City of Mendota Neiohts
20-Police 70-Parks
30-Fire 80-Planning
" � , 40-CEO 5
!� Tern�G,'�Qs�ya_n�er -Recycling
,, t �r; � 0-Animal-Cont�ho
'z� Tema. �.o . ., .. ` .
��h€c!t . ,'�° �. • ..
._ �� I Nurnber• 4'e�cc,r �arne Acc�unt Code Cammer,ts Arnaunt
f
�6� 1 Earl F Ancersur: 8 Assoc 02-4�t20-050-50 salvs �� �6.2:
� � � 2 Ear: :� A�scerson & Rssoc ��; `,' � < 0l-k4�Q�-a50-50 ' r- . selys " 181. 69
r-�si 1 Earl F Andersc,n 8 Assac f'3� 01-4330-215-70 � splys 3E7.�9
9� ��,2 F R»c+�r_s�n_LElssao-� �•���01-4330-�15-7�7 � salys ' '734 58
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�` 71 [� :. J.�. %7
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• ��aj T� Check NumSer ' ^'a:'xc�` � ��+- �2,�,,; K,• . . ' • - "� � ' .
15 , ,- •k.'< ; ,,'� ,�;y . `
I�s � q-g,- 01-4210-�50-50 may svc . 5.94
��� � AT&T 01-42:0-030-30 may svc 5.33
��a� � ATRT 0:-4220-�?0-70 �nd otr 24.69
( Izoi 6 i � ; • •;, , "' �f ; > �° ,.`.. ��.•q Y ,° �z `�`. �, �"" K : . • ' . . . - - � " 25. 95
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I 3�d May 19_ C:airns List
� Fri 9:�5 A:Y: City af MenCata Heiohts
� Terno ChecSc Nurnaer 7
�
i��
t !=I Terno.
��I Check
;4i Nurnber Venc��r hame Account Code Curnrnents
� I 6
� � Temo Check Nurnber " 8 ' '. � '
(' eI , . ° ' `' .. :-'";�r'.Y,;��,`>:. , s�:ti:;.. p��
9� 8 rtifacts • � ' �29-42�Q�-000-00 • `_ - � <��;-x:-•" sol s �
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�12 ?c�tals Temo Chec�c hurrt�er B
,a; • , • � .
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�6I 9 Awes Ayehcy :nc �D:-4:3�-031-�tIl renewa:
n
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19{ •' Totals Terao Check Rurn�er . 9 ' " ' . . . '
( 121� Tomn f'!�@,CS�fll��rnhA:•• . � � � - „ ' ':c�`;i�, ,. .
1==I
� �`'i Sa bear C��rn @:-4330-4k0-�O rors
10 Eear Corn 0:-4330-4G0-�@ rors
�I27� Totals Tem� Check Number + . .0 `�;��a . � , ' . � .
t=8i
��29� Temo Chec:< ;�:umber 11
'30
'��� 11 H T Office l�roducts - • • <` 01-4300-Y10-:D ,: �- . • ' • s�lys
�I"i 11 H T OfFice Products � • '" 0I-4300-080-80 ;,b,;,<�,�,; � °° '�splys
;»; _- . .. .
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( 5 Tatals Teozo ChecSc :��unber 2:
I'fi�
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a21 Tcha.s ?er�o Chec:c R�irnoer 2�
ti�-�� Temp Check Numaer 13 • ,
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�I30 May 19'� C.�ims List fiaoe 3
Fri 9:35 AM City of Mendc,ta f;eiohts
��Se,�pp C��c 'urnber 25
i� i
�� � Temp. '
�' I Check
�'� N�unber- Vencur Rarne Accaunt Code Curoments Amount
�'eI 15 Kevin Batche:aer !D1-4415-110-l0 iun allow 120.00
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('�e! lg ' < �� � <. 120.0a
9! c r 5 r +� 15 "
io� . •
� i"� Tern� Chec:< Nurn�er :6
:, _�
�
��'! 16 Ber,kley AC:n � 01-413:-m30-30 wc ir�s kaiser ' , 391.00
�, ai -- - . <: � ;: , v � • ------
i�s` 16 . � .. , ," ,. ,. . ` � 331.00
!���� Tatais Terap Check �urnber :6
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�a' Temn Check Nurr,ner 27
(19� � . .. ' •• , '
� �aoi , 17 B S N�Coro � � � � 0:-4435-2@0-70 • salys . s • • � 32.48
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- 17 32. 48
(. �='; T�ta2s Teraa Chec;< hurnber 27
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i==� Ternp Check lVurnber <, � 18 �., •
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�='i 1B Car:son Ec � ">01-4330-490-50 ' sol s 51.56
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�0 T�tals Terna C::ecft t�urr5er 19
( 3z� Temp Check NumSer :9 . ' • , .-,<' . , , „ . ,
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'"! 19 Cit�� ^^c�tar• Su�p:y ID:-433�1-4Ea-30 aarts 245.3J
1 ��5i :'3 City Motor 3up�:y 01-433@-440-�0 parts 180, :5
I'6� 19 Citv :4otor- Suoolv 01-4.�'.�OJ�Q�S��JO' sa2ys 41. 10
i17� 19 City Motor Supp:y � 0l-4305-070-7m f; r splys 41.2�
i38: 19 City :^otor'Supp=y 25-4305-060-EtD sp2ys "� ' 43.73
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��"� Tatals T�mo �hec;< Rurnber 1�
js:i
��3: Temp Check Nurnber 2�
311
'<_' 20 Ci•ty c� S� �au2
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°�' Tc�ta:s T�rno Ctieck hum5er
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. _� Terno Check Nurnber 2:
51
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30 May 1�9. C:airns List Faqe 4 I.
I Fr: 9:35 AM City af �endata Hei�hts
�
! Ternp Check �:umoer �� '
,
i) .
�.
• =� Tern�. � . „ a
� Check '
i INuruber Ve»Car Nanze Accc,unt Code Curoments Arnaurh 5
s �
�6I 22 Cuntinental Cablev-sian 01-4305—@30-30 aor svc 1.5� a�
� � 8 i �� ' . �•6e..� x ^ "� • »h'i.��•<.S i F?-�fY�>n. ^"� .. ^ . •. . .. � S � J� ' � r O�
I91� Tc+tals Tern�dChecSc N�unber` " .,80�2`� `Y'�� 'ry•. , y ,x
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f�� ��I Ternp Chec:t {�urn5er 23 ,s
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�+�� 23 Contihenta: 3afety �c " � 0:-4305-030-3� , solys ` K , 224 98 , "
Il.li • __ . ` ' . ' ,ry`� . ,. . "x ' ;, f s Y 19/
lis� o j ` . • - ' • . • ' �?4. 98 ' � zo
zi
�6i Tata:s Tema Chec:< :�urnber 2� ' 22
n I�a
�B� Terno Check l�:umser 24 '°
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� , . . .. . 26
r '=o� � 24 CraStree Comaanies �" � � `'�02.=4600-1.S0-f0Y' , r ' ' ' • � � orinter` � . � • ' . '<s '- 1, 505. 42 � • , ". , ` . " 27
�z,i � �4 Crabtree Com�an:es ` ' ` 05-4600-105-15 � ' ' rinter � "' 1 0a0.00 se�
==� 24 Crabtree Cornoanies 15-4600-060-6� printer 1.000.0'u 29
�o��: �=�i -- -------- ai
:ai 7? .5'U5.4� las
xe� Tot�ls Terap Check hum5er,.-.>r�a-t�"; ;��4 `�;��`�"��"^ <.z'r.,,.�' ° , .. . , . � , '��
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� �'-�� Temo Check Nurober 25•` • � a:: , 4 , '?�: ' ' ' • •' ' • ' • • �e
:i. � f � Q
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�I=9� 25 Dakota County Deputy Adrn a1-2129 re 800rnha study 909.00 79�
30� �� _����� 40
13�� 25 ' , , - r , �. .���,k �� r ea >, • • .. , ; 909.00, as
�` �=� Tota2s T�rap Check humber �25 , a��. "�` , . � . . ,� .. • " " a�E
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�'3� Temo Chec�c Number �5 °$
! �asi Q;i,
asi �E Jame� Dar�ie:son 05—�i41�—:05—:5 �un aZ2�w 220.0t� I��
77� ' . � . ______ • a9
�aa� � 2E, • -'A �f:�^ .. ��; '�, �>: , , • " . ' , , ' " • . , ,.g'.;,";•� , '�` . . 120.00 ea-
�791 Tota:s Femo Check hurn�er 26 W • � ezi
dp�
s�� Ternp Check Nurnaer �? ss;-
i
�3=1 561
'�� 27 Denni> De2rnant , 0:-4415-020—�0 �un a:low 120.@0 sar
_f _� , a ' , ______ 59.�
�7 '" �� i2�. Q�m 601
�6pj Tutais Tema Chec:c R�unber :'7 fi'�
67y�
l. �2:' I631.
`�81 Temo Chec4 :�:urnaer 29 .B'�
�yy 65
'�c �9 Eagan Mr Tire 0:-4337-050-50 sad 7a• 2� ' 67�,..
iS1 -- _____ 681
" �9 ' — �m. �� 691
.� Tr_�ta:s F�rao Chec;c Rurr.ber 28 I,��•-
-. ��zl
'� Ternp Check Nurnaer 29 '"�
'sc 29 Egan �i: 01-1220 ail 2��-�D7 I»
t
i 30 May 19S Clairns List
� Fri 9:�5 AM City af Dtendota Heiohts
' ,
, Temp_C,'��ck Numger �9
�' !
� ,=1 Ternp. � ` '
i,� � Check `
''� Number Ver�dar ivarne Accaunt Code Carnrnents
r�s�
;6, ��
Tatals Tam� Checic lUumber . 29 `f�
f' � 3 � ' • � ..�' _' .
'�� Teroo Chnsks;.�sm,h�:^ i� . _ . "
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(� �'^ 30 Cat-o2 E�an 02-33@5 regr rfd
�' —
''� 30
' �'�� Tota:s Temp Checic huro5er "'" Y 30 � • � " ' � '
i7Bi , . . ...t�' � . Y�
�16� Temp Check Number 3:
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'•`� 31 Elliott Auta So:v 0:-4305-070-70 solys
I19' �_ e . •
{ �=�' Tot�.ls�ma�,.e�d�litrc�r 3+. • ` .
i==1
(,.i=�i Terno Check Nurnaer �2
jzai
=5� 32 Firstar Trust Co ,. 12-4226-00a-00 ;,. ' svc fee
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=81 Tc�ta:s Tema Check kurnoer =2
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I701 Temo Check f�umber 33
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(' �=i 33 Fitzco Inc •• @l-4305-a20-20 £-t' • •� `1 solys ,
731 -- � • . . , '
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!'=5i Tota:s T�mo Check l��un5er 33
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"i Temp Check tiumber ' �4 ,F�;, ;��; � ��.s�� .
,78i " . , < ` i �p:": ,' �� , ..
'�" � 34 G2obe F�rintinc & Supalies 01-4�00-�32a-�0`� solys
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'4"� Tr_�ta1s T�m� Chec!< Rumb�r 34
i , `
'�'. Temo ChecSc Nurnber 35
..s
,-a; 35 Grazarn rfc K Bruce Camrners �:-413_-�D20-��J �un prern garluc
� 37! _—
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�d�' Fota:s Ferno C::ec;c Rurnber 35
, 3C
s�� Temo Chec;c Rurnoer �E •
5_I —'
=. 3E John Giynn 01-k435-2Jt�-7� in :ine s}catino
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''�' Tatals T�rao Checic :Vumber 36
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Arnount
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29. 9?
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30 May 19
�ri 3:35
3�
Clairns List
City af Mendc,ta l;eiohts
I i f e . < . , h. , , � ,. ,.`., A ` .
� s� e.^6� �fY�y �*'�' `� ; " . w
' i�l Temp• ... .:!i�.... '.�� ^t'R..��a�f�� ��� � ' . . •'Y �hx3r � ' • � �
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° Number Vencor Name 'Account Code Carnrnents
("�sl
Fage 6 �^
I
�6i 37 Grou Health Inc 05-4i31-105-:5 �un prem 165.00
7 � __ '"'q` _�'t`E .ia�t§'c .:g:.:�,�,:.i�d��..��' y�,h...:"�� , �s;v<i° � :::se<�' T;S,;. .j �` � x" � .:>y, �' >.. _____� .
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;? W�, .��.,. e .:j'� n t �„}e e.A 3... „s : Q e�:R .xt: ' i^3"�s:
e �. . • , .t:a���,,� M.i=.r,.x�.;�.s::r>'.x a;�•::y�;r;:'..•,,:�;"x;�� 'q:.�.:�=':�`�a'� �.,,,�• "Y,r,.. . . 165.00'., .
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���I Terao Checfc Rumber 38
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NQRTHERN DAKOTA COUNTY CABLE
COMMUNICA710NS COMMISSION ���:;�:.; : � ��"� ���
5845 Biaine Avenue � ; ; :�.%.�.' �"'� ' � =��;.rY+,,: �.�,.�
, �Inver Grove Heights, Minnesota 55076-1401 �;;: �
612/450-9841 FAX 612/450-4429 TDD 612f 552-4675 �:�- ���.,� �� ���'� r+
� ;,
�. �_ . - ., ,. .n<
� ► � ► � 1,t
TU; City Mayors and AdministratorsJClerks:
- Inver Grove Heights
- Lilydale
- Mendota
- Mendota Hei�hts
- South St. Paul
- Sunfish Lake
- West St. Paul
FRUIVI: Jodie Miller, Executive Directo
DATE: 34 May 1997
RE: NDC4 �YI�ETIl�TG MIlYUTES & AGEIYDA
. ,� ys�.:a� ;�
Enclosed are copies af the � NJ AFPR VED minutes from the April2nd NDC4 Full
Commission meeting and May 7th NDC4 Executive �orr�mittee meeting. Please distribute
copies of these minutes to your city council rnembers.
Also enclosed is a capy of the A�enda for the next full Commission mesting on
Wednesday, June 4, 1991. This meeting wiil be cabiecast live c�n Channei 18 at 7 p.m.
and replayed at 1 and 8 p.m. on June 12.
Please feel free to contact me at 450-9891 with questions or comments regarding any of
these issues.
Encs.
J�
�
♦ �
NDC
4
. -r•. . , . . _ . .
� ,.l ` - 1 J.
UNAPPRO VED
Northern Dakota County Cable Communications Commission
Fuil Commission Meeting _
April 2, 1997
1. Call to Order/Pledge - The Apri12, 1997 NDC4 meeting was called to order by Chair
George Tourville at 7:08 p.m. The Pledge of Allegiance was recited.
Members Present: Lucille Collins, Joe Conlon, Henry Hovey, Jodelle Ista, Richard
Jackson, James Levy, Mike Sokol, Jim Sullivan, George Tourville, and Richard Vitelli.
Members Absent: Alvin Boelter, John Huber, Laurence Jung, and James Zacharski.
Others Present: Mark Gibbs (Tautges, Redpath & Co., Ltd.); Steve Baker - Engineer,
and Cheryl Olmstead - Customer Service Manager (Continental Cablevision); Brian
Grogan (NDC4 legal counsel); and Joy Curtin and Jodie Miller (sta�.
2. Adopt Agenda - Motion 4-2-97-1 to adopt the Agenda was made by M. Sokol, seconded
by H. Hovey, and unanimously carried.
3. Consent Agenda -
A) Approve Minutes: The February 5, 1997 NDC4 Commission Meeting minutes were
presented for approval. Motion 4-2-97-2 to approve the February 5, 1997 full
Commission Meeting minutes was made by J. Levy, seconded by James Sullivan, and
unanimously carried.
The March 5, 1997 NDC4 Executive Committee Meeting minutes were presented for
approval. Motion 4-2-97-3 to approve the March 5, 1997 Executive Committee Meeting
minutes was made by L. Collins, seconded by J. Conlon and unanimously carried.
B) Approve List of Claims: The List of Claims for 3/6/97 - 4/2/97 was presented for
approval. Motion 4-Z-97-4 to approve the List of Claims for 3/6/97 - 4/2/97 was made by
J. Levy, seconded by L. Collins, and unanimously camed.
4. Aud'ttor's Report - J. Miller introduced Mark Gibbs, Account Representative with Tautges,
Redpath & Co., Ltd., the accounting firm that was contracted to conduct the 1996
financial audits for NDC4 and NDCTV. Mark thanked the Commission for being granted
the opportunity to be of service to them. He reported that the Commission's audit has
received a"clean opinion" which means that its financial statements are presented in
accordance with generally accepted accounting principles. This year revenues exceeded
NDC4 Commission Meeting
April 2, 1997
Unapproved
expenditures by approximately $62,000 of which $42,000 may be attributed to Franchise
Fees and $20,000 to Insight 7 which were not budgeted at the beginning of 1996. The
Legal Compliance Report required by the State of Minnesota Auditor's Office also
received a clean opinion. All but $3,500 of the $220,000 of the general fund balance has
been reserved according to established policies.
A question was raised on whether the current policy of setting aside 25% of the ensuing
year's revenues is a good policy and that perhaps a more realistic approach would be to set
aside a specific percent of the operating expenses instead. M. Gibbs responded that
revenues and expenditures should be about equal and that in this case revenues were used
as the base since they represent a concrete number. In the future, the Commission may
consider altering its policy should Franchise Fees continue to rise. In the case of cities, the
accountants recommend setting aside 50% of their revenues since revenue collections do
not take place until mid-year.
Franchise Fees increased by about 13% this past year and may be attributed mainly to a
growth in new subscribers. Motion 4-2-97-5 to accept the NDC4 1996 Financial Audit
Report was made by R. Vitelli, seconded by J. Levy, and unanimously carried. Motion 4-
-97- to accept the NDCTV 1996 Financial Audit Report was made by H. Hovey,
seconded by R. Jackson, and unanimously carried.
J. Miller thanked M. Gibbs for presenting the report and working e�ectively with staff
during preparation of the audits. - ;
5. Citizen Comments - Chair Tourville announced that the public is welcome to address
their comments and/or questions to the Commission via telephone throughout the meeting.
6. Staff Report -
A) Executive Director: J. Miller reported that the city payments of 15% of the 1996
Franchise Fees will be mailed to members cities by April 15. A break-down of the
payments was presented. As in previous years member cities will be asked to voluntarily
contribute half of their refund �toward production of the Insight 71oca1 magazine show
which promotes cities and their citizenry. A question was raised on whether Insight 7
revenues and expenses could be budgeted. Chair Tourville suggested that a budget should
be established for production of Irrsight 7 that would show expenses and identify sources
of revenues for the sake of better accounting. J. Miller responded that in the past she has
been careful to not assume how cities would choose to use the refunded money and,
therefore, not included it in the NDC4 budget. Each episode costs about $1,000 in cash
to produce. After further discussion, it was the consensus of the group to continue with
the established process of asking cities to make voluntary contributions. Chair Tourville
commented that there has been positive feedback regarding Insight 7 and its coverage of
the member communities. J. Ista inquired whether Continental will continue to make cash
contributions toward the program per the Citivision Letter of Agreement. J. Miller
responded that 1996 is likely the last year they will make a cash contribution. In the
future, they may opt to allow NDC4 to sell advertising on one access channel as a source
Page - 2
NDC4 Commission Meeting
April 2, 1997
Unapproved
of revenue for the program production. Staffwas directed to prepaze a letter to be co-
signed by the Chair and mailed with the payments to member cities requesting a voluntary
contribution toward production of the Insight 7 program.
Since the March Executive Committee Meeting, J. Miller has consulted with Legal
Counsel, B. Grogan to begin framing the discussion for continuance and composition of
the Joint Powers Agreement (JPA). Four points in the current JPA need to be addressed:
(1) conducting a needs assessment for the member communities and negotiating the
renewal; (2) six-mon�h notification by a member of its intent to rarithdraw; (3) adding
procedures that would explain processes should one member wish to leave the JPA; and
(4) clarification of whether it was the intent of the amendment to the JPA to require
excess funds be given to cities over and above the percent now in place.
Discussion followed during which it was pointed out that it is crucial that membership in
the JPA be in place prior to negotiating the transfer of the NDC system, as well as the ,
extension of the franchise. Chair Tourville pointed out that it will be extremely important
to know who will comprise the JPA when it comes time to conduct a needs assessment
prior to negotiating the franchise renewal. B. Grogan clarified that federal law dictates
that a needs assessment must take place within 6 months of receiving a letter requesting
renewal of the franchise. It would be prudent to build flexibility into the JPA that will
detail processes and procedures for if and when a member decides to leave. Practical
matters such as how assets (including channels, programming, and facility usage) are
divided among JPA members must be explained and considered during negotiations for a
franchise renewal. Chair Tourville added that 7PA membership needs to be established
before negotiations are underway as it makes little sense to have a city influencing
negotiations and community needs assessments, only to drop out. He further strongly
urged NDC4 city council representatives to take the lead in beginning to discuss the
matter of the JPA with their respective city councils. B. Grogan added that it may be
helpful for the Commission to put together various options for the councils to consider
and when the Commission receives direction from the cities they can better mold a JPA to
suit the desires of the member cities.
Chair Tourville suggested an official letter be sent to the member cities outlining the
options they face regarding the JPA along with a deadline to receive responses. M. Sokol
echoed the concern over knowing who will comprise the JPA, and what the Joint Powers
Cooperative will be authorized to do before becoming involved in negotiations with the
franchising entity. He further suggested that it may serve the JPA well to look at joining
with other suburban communities who may share common concerns. B. Grogan stated
that the next three to four months are an opportune time in which to sort through the JPA
discussions. Staff was directed to prepare a letter to be sent to the cities outlining the
need to determine the makeup of the JPA and explaining the timeline of events that will
need to be dealt with by members of the JPA in the near future. The letter will include a
request to review the issues and provide comments and/or suggestions within a 60-day
period. The Commission can then look at the responses and work out any changes that
need to be made in the JPA within another 60-day period or still have time to consider
other options.
Page - 3
NDC4 Cammission Meeting
Ap�i1 2, 1997
Unapproved
J. Miller requested approval for purchasing a voice mail system which was estimated to -
cast �3,640. Chair Tourviile recommended that a full speaker phc�ne aiso be purchased to
better accommodate the incaming phone calls during live call-in shows. Motion 4-2-97-7
to approve purchasing a voice-mail system aiong with a fuil speaker phone for up to
�4,OOp was made by J. Ista, seconded by H. Hovey, and unanimously cazried.
The Government Programming Committee recammended purchasing one projection unit
and ane overhead camera to be shazed among the four cities that'cabtecast their meetings.
The equipment will be paid for out of Nazrowcasting monies and will be used to enhance
presentatian of infarmation at city meetings to both thase attending the meetings and
those viewing the meetings aver cable. The Executive Cammittee discussed the request
and recommended purchasing faur overhead cameras since it is antieipated the equipment
will be in high demand. Total estimated cost for purchasing all the recommended
equipment is approximately $22,740. Chair Taurville noted that the smaiier cities which
do not naw cablecast any of their meetings have been asked to identify any audio-video
equipment or praps that could be purchased far them out of the Narrowcasting funds.
Motion 4-2-97-8 to purchase four overhead cameras and one projection unit for $12,741
was made by H. Hovey, seconded by R. Vitelli, and unanimously carried.
J. Miller reported that cabtecaster compensatian changes were reviewed by the Executive
Comnuttee at its May meeting and are bein� presented for approval by the full _
Commission. A compensation survey was conducted by staffto determine what other ��
metro area con�missians are paying for cablecasting. Based on survey results, '
recommended changes include increasing the startin� hourly rate by 75 cents from $5.50 �
to $6.25 for city meetings and from �4.75 to $5.50 for other meetings, decrease the late �`
night hourly premium paid a.fter 11:00 p.m. fram $1.50 ta $1, and establish a range cap of
$9 per hour for cabiecasting any meetings. A�nnual increases ofbetween 25 cents and SO
cents per hour would remain, as would providing a meeting mirumum of 2.S hours. After
brief discussion it was agreed that the compensation shaulci increase because c�f the
increased levels of skill that are required. Motion d-2-97 9 to increase starting cablecaster
rates by $I.50 from �S.SO to �7 for city meetings and from �4.'75 ta $6.25 far other
meetings, providing a 2 hour meeting minimum, getting rid of the late night premium, and
providing a rate cap of $9 per hour, and all changes ta be ef%ctive Apzil I, 1997 was
made by R. Vitelli, seconded by R. Jackson, and unanimously carried.
J. Miller pointed out articles in the meeting handouts concernin,� a Supreme Court ruling
which upheid the must-carry law requiring cabie operators ta carry broadcast stations.
The ruling was based on the beliefthat without the law's protection the broadcast industry
could be threatened and viewers who do not have cabie may ha�e fewer 6roadcast
channels to view.
VoIunteer Recognition Night wili take place at the NDCTV facility an Tuesday, April I S
beginning at 6:40 p.m. with an awards grogram hosted by Strength & James, two local
comedians. The program will be cabiecast tive over Channe133. The program will be
followed by a pay-per-view movie at 7:OQ p.m. sponsored by Continental.
Page - 4
NDC4 Commission Meeting
April 2, 1997
Unapproved
In May an event will take place to kick offthe addition of the Odyssey Channel to the
Channe134 line-up. Loca1 faith groups have been invited to participate in the planning and
encourage their congregations to attend.
Investigation into recent city council chamber audio problems have revealed that the
problems are connected with the installation of the fiber. Microphones and other
equipment are in the process of being readjusted.
As a small way to thank Commissioners for their volunteer ef�orts, each will receive an
NDC shirt. Commissioners were asked to indicate what size they would like. J. Ista
inquired about the legality of accepting such a gift. B. Grogan responded that city council
representatives may accept the shirts because NDC4 is not a lobbying entity.
Chair Tourville inquired which city halls are now connected to fiber. S. Baker responded
that all but Inver Grove Heights are lit up. J. Miller commented that the quality of
coverage of the South St. Paul election the previous night was greatly improved now that
the fiber is connected. Chair Tourville also commented on the impressive quality of the
coverage and the great deal of work that goes into providing the coverage.
7. Legal Counsel Report - Legal Counsel B. Grogan reported that NDC4 should be
receiving a letter soon from Continental requesting a franchise renewal. In a recent case, a
cable operator's request for renewal was denied because the company did not meet the
needs as assessed by the communities it served. A summary of the decision was included
in the handouts.
At the last full Commission meeting in February, the Commission approved sending Form
329 to the FCC because of complaints received by NDC4 over the CPS tier rates and one
regarding inaccuracies in the notification process. When received, the FCC would then
need to review and approve Continental's Form 1210 which provides information on its
rate structure. Form 329 was sent to Continental and they responded with a letter
asserting that their rates are in line with FCC regulations and there is no need to submit
the form to the FCC. No action is required unless the Commission wishes to reverse its
decision to forward the form to the FCC. There is no cost to be incurred either by sending
or not sending the form to the FCC and it does provide additional comfort that
Continental's rates are in line with FCC regulations.
B. Grogan reviewed another issue concerning basic rate regulation which falls under the
jurisdiction of NDC4. When the Citivision Letter of Agreement was negotiated, it was
agreed that the 3% increase in the annual public access grant would not be passed through
to customers as an external cost. Upon investigating the rate forms, it was discovered that
the 3% increase was incorrectly passed through. In discussions with Continental, they
agreed that this pass through was an unintentional oversight and they would rectify the
situation. A further question was raised, however, regarding whether the entire amount of
the grant is being passed through. The issue is being pursued in cooperation with
Continental. Clarification will be forthcoming at the next full Commission meeting. The
dollar amount would be somewhat significant should an enor in calculations be found.
Page - 5
�
NDC4 Commission Meeting
Apri12, 1997
Unapproved
8. Continen#al Report - Cheryl OImstead, Customer Service Manager, reported that the first
t}uarter Customer Service Standards regort will be presented at the next Commission
meeting.
M. Sakol inquired about the status af high-speed data access via fiber optic cabie. Steve
Baker, Continental Engineer reglied that there are many area subscribers asking the same
question and that it makes gaad sense ta pursue the technology. Continental is currently
testing modems in its Chicago area, although ultimately it will be up to the new owner to
determine what directian to take. Discussion followed on how cable could provide hi�h-
speed data for the PC users.
S. Baker updated the group on the NDC rebuild and reported that Phase I is complete and
Phase II is 90% complete and should be done by the end af April. Phase III work has
begun and shauld be done by the end af summer and Phase IV camplete before
November. M. Sokol inquired abaut devices he has seen suspended in the air in various
locations. S. Baker explained that these bunches ofwires are referred to as "snowshoes"
and consist of a few hundred feet af fiber optic cable to be used if fiber is darnaged or
rerouting is necessary in order to minimize the amount of optic connections needed. He
further added that all of the older coaxial cable will be down before the end of the year.
J. Miller inquired whether Continental has detemuned how they intend to follow up with
customers who were inconvenienced when trying to make telephane cantact during the
change-over in December. C. Olmstead responded that a couple of different options are
being investigated. Hopefully a decision wiIt be made soon, and the Commission will be
notified at that time.
Chair Taurville inquired whether the large development of single family homes will be
included in the Phase IV fiber depioyment in southern Inver Grove Heights. It was
suggested that Cantinental take advantage of the c�ppartunity ta serve this development
and investigate how this might happen. J. Nliller inquired whether the development could
be accessed through the BumsvillelEagan system and still obtain local grogra�mming fram
Inver Grove Heights. S, Baker responded that there may be some opportunity ta drop
optical nc�des in some pocket (fiber interconnect} locatians and passibly backfeeding the
NDC signal to those lacations.
B. Grogan inquired whether the 7S0 Mhz upgrade puts the NDC system ahead of others in
the area. S. Baker responded that there are na ather systems in the area with such high
technology. B. Grogan pointed out that this is a result ofthe hazd work that the
Canimission and Varia.nce Committee put in over the past year.
9. Unftnished Business - Chair Tourvilie announced that the group needs to eiect its officers
and that J. Huber has indicated his interest in serving again as Treasurer. The remaining
of�cers were ali agreeable to continue for anather term in their respective positions. Chair
Tourville opened the flaor to nominations. Nane were forthcoming. 1�Iotion 4-2-97-�,p to
approve a white ballot for the foilowing state af afiicers: Chair - George Tourviiie, Vice-
Page - 6
NDC4 Commission Meeting Unapproved
Ap�il 2, 1997
Chair - Mike Sokol, Treasurer - John Huber, Secretary - Lucille Collins, and At Large
Executive Committee Member - Jodelle Ista was made by R. Vitelli, seconded by H.
Hovey, and unanimously carried.
10. New Business - J. Miller showed a 30-second promo for Insight 7. Chair Tourville also
announced and thanked Continental for contributing $5,100 toward the production of
Insight 7 in 1996.
J. Ista reported that there are a couple of dii�erent options being considered for putting
more information on the Alpha Channel. Cities will be kept informed of how they may
participate.
11. Personn�el Issues -(This portion of the meeting was conducted of�camera.) Chair
Tourville stated that the Executive Director's annual evaluation has been completed and it
is the recommendation of the evaluators to grant the Executive Director a 9% increase in
salary. The increase was partially based upon findings from a metro-wide wage survey
that indicated the NDC4 Executive Director wage is currently well under the metro
average. Motion 4-2-97-11 to approve a 9% increase in annual salary for the Executive
Director effective January 1, 1997 was made by R. Vitelli, seconded by J. Levy, and
unanimously carried.
J. Miller reported that the Government Coordinator's annual evaluation has been
completed and it is stai�s recommendation to grant a 9.2% increase in salary, The
increase is partially based upon findings from a wage survey that indicated the NDC4
Government Coordinator's current wage is well under the metro area average for
comparable work. Motion 4-2-97-12 to approve a 9.2% increase in annual salary for the
Government Coordinator effective April 14. 1997 was made by R. Vitelli, seconded by H.
Hovey, and unanimously carried.
12. Adjoumment - Motion 4-2-97-12 to adjourn the meeting was made by J. Conlon and
seconded by H. Hovey. The meeting adjourned at approximately 9:30 p.m.
Respectfully submitted,
Joy A. Curtin
NDC4 Administrative Assistant
and Recording Secretary
Page - 7
NDC
4
UNA PPR O VED
Northern Dakota County Cable Communications Commission
Executive Committee Meeting
' May 7, 1997 �
1. Call to Order - The May 7, 1997 NDC4 Executive Committee meeting was called to order
by Chair Tourville at 5:30 p.m. in the Conference Room.
Members Present: John Huber, Jodelle Ista, Mike Sokol, and George Tourville. Members
Absent: L. Collins. Others Present: Joy Curtin and Jodie Miller (NDC4 sta�.
2. Approve Ctaims - The List of Claims for 4/3/97 - 5/7/97 was presented for approval.
jllotion �-7-97-� to approve the List of Claims for 4/3/97 - 5/7/97 was made by M. Sokol,
seconded by J. Ista, and unanimously carried.
� 3. Office�'s' Reports -(No reports were given.)
4. Staff Report - J. Miller reported that three of the seven member cities have acted on the
request to fund the production of Insight 7 for the coming year. Cities agreeing to
financially support the production to date are Lilydale, Mendota Heights, and South St.
Paul. Staff will contact remaining cities to find out whether they would like a presentation
to be made at their city council meetings.
Purchase of the voice mail system has been revised to include a telephone for use in the :
studio during call-in shows as approved by the Commission at its April meeting. Total '
cost will not exceed $4,000 which has been budgeted.
Technical personnel from Continental are looking at the possibility of relocatin� the
Master Control function to the NDC facility. Space requirements and costs of equipping
the area are being investigated. Continental's technical staff agree that relocating the
function makes better sense than the current arrangement of sending NDC tapes to St.
Paul for playback. NDC could absorb some of the costs for the relocation considering the
efficiencies that will be realized. Staff is in the process of assessing space adjustments that
would be needed to accommodate this function. An interior designer from Krech, :
O'Brien, Mueller, and Wass has been consulted to look at the potential for conducting a"
space analysis of the facility. A cost estimate for the study is forthcoming. In the
meantime, Master Control staff are working with NDC stai� on short-term solutions to ;
NDC4 Executive Committee Meeting
May 7, 1997
Unapproved
some of the playback problems. There is need to purchase more 1/2" decks to alleviate
the shortage.
The State Senate and House overwhelmingly passed a right-of-way bill supported by the
League of Minnesota Cities (LMC) Rights-of-Way Task Force. A model ordinance will
be distributed to cities soon for their review and use.
The kick-off celebration of the addition of the Odyssey Channel to NDC Multi-Faith
Channe1341ine-up has been postponed until late June. The event will be co-sponsored by
Odyssey, Continental, and NDC to promote each respective service.
After purchasing the projection and overhead units for the city halls, it was learned that a
device is needed to enable the signal to be translated for the cable television feed.
Microphones and set items will be purchased to improve the sound and look of the NDC4
meetings, as well as other similar meetings held in the studio or out on location. All of
these items are budgeted.
A couple of bugs have been discovered in the A1phaChannel software that are interfering
with attempts to program certain pages of information to repeat at set intervals. There
have been lengthy delays in obtaining assistance from the vendor. Discussion followed
and it was recommended that staf� document the concerns in writing and notify the
vendor. It was agreed that in the future the method of payment should be negotiated with
� vendors to ensure that the equipment is operational prior to making full payment. `
3.
5. Cont'tnental Report - Issues concerning Continental were discussed. J. Miller noted that in
the recently submitted Customer Service Standards Report for the first quarter 1997,
Continental's quarterly average for the Answer Time category was well under the required
level. This category requires the phone be answered in less than 30 seconds at least 90%
of the time. Statistics from 1996 show that Continental failed to meet the standards
established for this category by the FCC in three out of four quarters. Continental's record
in this category is below acceptable levels. In 1994 the Commission agreed to become
certified to enforce the FCC standards which resulted in these quarterly reports being
submitted. Legal Counsel has advised that the Commission may use normal franchise
procedures to enforce Customer Service Standards. StafFprepared a draft letter of
notification to Continental asking for an explanation on how they plan to meet the
standards in this category in the future and also what their plans are for follow-up with
customers during the massive phone overload that occurred when the switch-over took
place in December, as well as what emergency plans are in place should a problem occur
again that would cause telephone service to be interupted. Discussion followed and staff
was directed to send the letter and include 1997's statistics concerning this issue in order
to document the Commission's concerns.
Regarding Rate Regulation, Legal Counsel has not received a substantive response from
�inquiries into whether the entire public access grant monies were passed through to
- subscribers. Legal Counsel has asked for resolution on this matter in time for review at
Page - 2
NDC4 Executive Committee Meeting
May 7, 1997
Unapproved
the June Commission meeting. Discussion followed and it was agreed that the matter will
appear on the Agenda for the June Commission meeting and that Legal Counsel needs to
emphasize with Continental the importance of receiving a timely response since the
system transfer cannot occur without having this and other Franchise issues resolved.
NDC4 is authorized by federallaw to regulate equipment rates. Continental is imposing a
rate change on the Scientific-Atlantic and Jerrold converters. Over the past two years the
FCC has allowed cable operators to average their equipment costs to include regional and
now national averages, and it has become much more di�cult to' analyze the calculations.
Legal Counsel advises that the Commission could ask Continental to provide the basis for
their calculations. To conduct an in-depth audit to verify the data they are using would be
very costly. Brief discussion followed and staffwas directed to ask Continental to
substantiate their equipment rate increases, after which the Commission can decide what
direction to take.
6. Unfinished Business -(No unfinished business was brought up for discussion.)
7. New Business - J. Miller announced that the NDCTV Board of Directors has directed
staff to hold a planning retreat in order to establish goals and make recommendations on
the priorities over the next couple of years. The retreat will take place on Friday, May 16
and will be led by a professional facilitator. NDC4 and NDCTV will split the cost for the
retreat which has been budgeted. Executive Committee members indicated their support
� of the event.
Meeting schedules were discussed. It was agreed to hold full Commission meetings in
June and July and an Executive Committee meeting in August. September may need to be
a full Commission meeting because the deadline concerning transfer of the system may
come at that time.
The week of May 12th has been designated Sta� Appreciation Week.
Continental's Annual Report was distributed. The Commission may review and discus it at
the next meeting.
8. Adjoumment - Motion 5-7-97-2 to adjourn the meeting was made by J. Ista and seconded
by J. Huber. The meeting adjourned at approximately 6:35 p.m.
Respectfully submitted,
Joy A. Curtin
NDC4 Administrative Assistant
and Recording Secretary
Page - 3
v''
i
CITY OF MENDOTA HEIGHTS
MEMO
May 28, 1997
TO: Mayor, City Council and City Administrator
FROM: Patrick C: Hollister, Administrative Assistant
SUBJECT: Planning Case Number 97-11: Turners Gymnastics Center
Variance for the Size of a Temporary Sign
Discussion
Mr. 7im Hammer, President of Turners Gymnastics Center appeared before the Planning
Commission at their regularly scheduled meeting on May 28, 1997 to discuss Turners'
application for a Variance to place a 100 ft2 banner sign on the east side of their building
facing 35E every year for two thirty-day periods, once immediately before the summer
season and once in August.
The Council had previously granted Turners Gym a one-time pernut for such a sign for a
30 day period commencing or ending in the month of August 1993. (Please see the
attached minutes from the 1/26/93 Planning Commission meeting and the 2/2/93 Council
meeting.) Mr. Hammer said that the previous banner sign had proved to be effective
advertising, and that the sign they would put up this time is of the same design.
Commissioner Tilsen suggested that a hardship might be found in the need to make a new
sign if the Variance request were denied. Commissioner Duggan said that although he had
voted to recommend approval of this request in the past, he had now changed his mind.
Commissioner Duggan also suggested to Mr. Hammer that if he were to construct and
erect a large permanent marquee type sign with movable letters he could change his
message at will and avoid the need for a planning application altogether. Mr. Hammer
said that the Center had planned a few years ago to erect such a sign, but that financial
difficulties had put these plans on hold. (Please note that according to Section 21.5(13)al,
no individual sign shall exceed 50 square feet in a"B-1" area.)
Chairman Dwyer said that he could accept this variance as a"diminimus use."
Commissioners Betlej and Friel both said that they saw no hardship and thus would be
voting to recommend denial. Commissioner Friel added that he felt that the sign posed a
safety hazaxd for motorists attempting to read it while driving on 35E.
Please see the attached items of public record pertaining to this application.
^a
Recommendation
At the Planning Commission's regularly scheduled meeting on May 27, 1997,
Commissioner Friel moved to recommend that the Council deny the request by Turners
for a Variance based on a failure to demonstrate ha.rdship. Commissioner Duggan
seconded the motion. The motion passed on a 4-2 vote, with Chaurnan Dwyer and
Commissioner Tilsen voting in the negative, and with Commissioner Koll absent.
Council Action Required
If the Council wishes to follow the Planning Commission's recommendation, they should
adopt the attached RESOLUTION 97-_: A RESOLUTION DENYING A VARIANCE
REQUEST TO TURNERS GY1VIl�lASTICS CENTER FOR A TEMPORARY SIGN,
making any revisions the Council deems necessary.
�
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTTON NO. 97-
A RESOLUTION DENYING A VARIANCE REQUEST
TO TURNERS GYMNASTICS CENTER FOR A TEMPORARY SIGN
WHEREAS, Mr•. Jim Hammer, President of Turners Gymnastics Center has
requested a Variance allowing a 100 ft2 temporary sign facing FTighway 35E, as proposed
on plans on file in Planning Case No. 97-11; and
WHEREAS, The Planning Commission of the City of Mendota Heights met to
discuss this application at their May 27, 1997 meeting; and
WHEREAS, The Planning Commission voted 4-2 on May 27, 1997 to
recommend that the City Council deny this application,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Variance allowing a 100 ft2 temporary sign facing
Highway 35E, all as proposed on plans on file in Planning Case No. 97-11 is hereby
denied.
BE IT FURTHER RESOLVED by the C� , ouncil of the City of Mendota
Heights that the proposed Variance allowing a 100 ft2 mporary sign facing Highway
35E, all as proposed on plans on file in Planning ase No. 97-11 is not necessary to
alleviate a hardship or practical difficulty and would have an adverse impact on the health,
safety or 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.
Adopted by the City Council of the City of Mendota Heights
this 3rd day of June, 1997.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
1Q�2 ��-
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McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447-4739
�•
MEMORANDUI�
Telephone Engineers
612/476-6010 Planners
612/476-8532 FAX Surveyors
TO: Planning Commissioners of Mendota Heights
FROM: Meg McVlonigal, City Planner`�,��(� �v
'� �
Li
DATE: May 21, 1996
MEETING DATE:
SUBJECT:
fiPPLICA1vTS:
LOCATION:
ZO1vING:
G�IJIDE PL�N:
MATERIALS
REVIEWED:
May 27. 1996
Variance to Size of Temporary Sign Banner for Turners Gym
MF'RA � 11371
Turners Gymnastics Center
2500 Lesington Avenue South
B-1, Limited Business District
B, Business
1
�,
�pplication for consideration of a Planning Request,
signed and dated April 27, 19�7.
Letter of Intent from Sheryl J. Forshier of Turners
Gymnastics Center
Description Of Regr�est �
Turners Gym has requested a variance to the size reQulations for temporary signs. Requested is a
100 squaze foot sign; 25 square feet is allowed under the regulations (21.� (�)). The Zoning
Ordinance allows one temporary sign for each lot. Temporary signs are those that are used for
three (3) months or less.
Background Information
The City Planner met with the applicant on March 18, 1997 and visited the site i�fav 19, 1997.
Turners Gym is asking for a sign that is large enough to read from the most visible side of the
An Equal Opportunity Employer
City af IYlendota �Ieights Planuing Commissian
Turners Gym Sign Variance
IYIay 27, 2}97
Page 2
buiiding, the 1-35E side. In the past {1993} they have attracted students from the sign, and wish
to
use it on an on-going basis. The request zs to erect the temparary sign iwice a year far three (3)
weeks at a time, during registration for the upcoming class registration period. The sign is the
same sign that was used in 1'993. It is a banner and reads, "Register Now Turners Gymnas#ics
Center 452-8064". Turners Gym notes in its letter af intent that the size is required in order that
it can be read from a car moving atong I-35E. The Ietters on the banz�er are 1-1 112 feet tail. If
granted the variance, Tumers will agree to "keep the banner in good repair, neat in appearance,
and well secured to the building."
Variance Criteria
The variance criteria is outlined in the Zaning 4rdinance, and includes: (1) sgecial conditions
apply to the structure or land in question are peculiar to the properry and do not apply generally
ta ather land or stnzctures in the district; (2) variance is necessary for the preservation and
enjoyment o£property; (3) adequate supply oflight and air will be availabie to adjacent praperty;
{4� #he congestian af gublic street will nat be reasonably increased; {5} the danger of fue or
public safety will not be increased; (6) properry values will not be impaired in the sunrounding
area; {7} healtl�, safety, comfort and m4rals w%il not be impaired; {8} variance will not merely
serve as a convenience, but is necessary to alleviate undue hazdship ar difficulty.
valuation �f�quest
Although no particular harm wo�id zesult because af this temporary sign, this property and
building do not appear to have any special conditions that distinguish it from other properties or
builc3ings that are located along a freeway or in a Business zoning district. A hardship, or unique
characteristic of the land is the standazd generally used in considering variances.
Placing the sign as requested will not impact surrounding properties or public sa£ety, limit the
supply of iight and air available to adjacent propertzes, have any effect on the congestion of
public streets, impact property values or impair health, safety, camfort or morals of the
comrnunity or surrounding neighborhood. An atternate course of action to allow this size of
temporary signage is ta change the sign requirements in order that a lazger size is allowed far all
properties in the "B" zaning districts.
.� ction Requested:
The Planning Commissian can reca�unend:
(1) approval
{2} apgraval with canditians
(3) deniaX
�STAFF REC_ O�',,�E�.NDATION.•
The City Pianner recarr�nends denial of the variance as requested, because a hardship or sgecial
circumstance has not been identified that relates to the land or building in question.
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McCombs Frank Raos Associetes, tnc. . Turners Gym
�� ,��5�23�dAY�.�. �Q,��� Sign Variance
�` Piymouth, MN 55447 Ptanners
812/476-6Q10 Surveyors
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APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Applicant Name:
Address: �'•� �� U
(Number 8c Street)
Case No. �—�_,
I3ate of Appfication L�,� � �
Fee Paid� tv�! �P„��_� ,�' �
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Address:
�i�r
(Number & St�rreet) " (City} (State)
Street I.ocatian of Properry in Question: s� rn�.- �-h' c'�a.�v�
Legai Description of Property:
Type of Request:
Rezoning �'C Variance
Conditional Use Pem.�it Subdivision Apprava� '
Conditional Use Penmit for P.U.D. Wetlands Permit
Plan Appmvat Other (attach explanation) .
Comprehensive Plan Amendment y����t � X�l S�
nppli�aoie i:ity G�tuntau�e Numbet �►! • �7 � Sectian � rs�i � � C?� �s � "�Cw+�'?
Presen� Zo�ng. caf Fmpext� Fresent Use
Praposed Zoning of Property Proposed Use
I hereby dedarc tiiat ali s'tatements made� in this �quest and on the additianal
materi� aFe irue , • -
(Si Agpiic�zti)
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(R.eceived by - �t2e} ..
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1201 Victoria Curve •.N%endota Heights, 1t+%N - 55118 452-1850
^ . . .. ' ,1, - r ' , ; � [ 4 . � '
� _ .TURNERS GYMNASTICS CENTER � �� .�.� � -
2500 Lezington Avenue S':'� ' . . - � . . . .,. �•ti ; ' •. � ' , - . . • - . ' � ' ..
� ',Mendota.Heights, MN 55120 . • - � ' � � . � , • � � f . •�► '"::_ �? ..
� Phone: �6ia> 4s2-sosa � � � � . : . .. ` J � • ' � . . ' . _. . ' .. . . � • . � � ' . - . � � �' A N EQ► ; . ; . -. • -
.. ;Fax:. (612) 905-2033 .. • • ". ' . ' '. . . . ". : ' . ' . • _ . , � . . ' . .. ' : .. � _ '
.� - • .. . . • - : . ; . . . ;' .. ; - .. ' . . • � , � • . , . , ; . _ . . , : ..
. . • , _•. . •- , - • . , ,' - , , . . .. ' • > ' ' , •, '•'
H,� _.� April 28, .1997 . . ' • . _ .' � : .' - . - , , �_ ... - . : ' _.. _ � . . � • . , .� ; .
, t � Jim Dan�ielson ' . � • - ., � � . . • ,, , � .. � , - -. � "� -., ' � �- -_ ' '- ,' ,• . . ^ -_ -:
. . .: C�:ty. �af -Mend'o,�a' -H�ights ;: � - . � .• , �: . . � , , . . . - : � , ' : , -
�110���_Victoria�Curve' :" � �. . . � - - - . : . • .. - .- -- � . : . - , . � :
: : . Mendota .iieights, MN �551-18 . . . ... :•-' .�• • . - : ; � .. � ; • � . . _
. .: .-_. . . ' .- � -' _ .' .... _ � , " �- ' " _ .,. � � _. ; . ,. ; .. - . . ,-. " ' . . . _ ; � '. ,
� � • -:Dear Mr°. �D$nielson; . • • . ' „ . :� ..�. ., � .- � ..� .,- .. � ';�, .: , , . . ;
. " � - . .' - . - : ' - • � . + _ - • - •� � � .. . ' • • - - . :. - ' . ' - . . ' �,• . . . .
'. � � -�.-Enc�.osed-are �the�:necessary�materials, fQ`r the Turners Gymnasti.cs-'.'':•,����� � .
� : Center variance.-app-lication �for a�•temporary sign in�=a ,8=1 .zo'ne�. ..-��,This �� � - •
letter expl�iris our : request and� oux hardship.: . ..The exis�t�ng "signs; ' ;and '� . ' � :'
� • _ proposed, sign, �including. location_�and :size, are indicated��herein. �� ` ���� ' • .` ,. . -
� � . � � We understand tha�t this request will � then be presented tQ the :: ; : ' " - _' -
_, - Planning .Committee � for �recommendation to ' tlie-� City Council : . �: " • - • ,
.. . _ . � . . . � - . ' � .
- � . . REQUEST - -, .., _ � � � - . � " . . � � � .� . . ,. , - - � . _� . • . . ' - .�.- - . .' , -
. . - - �• Turners �ymnastics � Cen�er (.TGC) re.quests a variance -from the �sign�� �, _ �', ' _ �
ordinance �to 'al�ow�:a� I00- square. foot temparary banner..' The curren� �sign' •_-
. _ axdinance � allows one temporary _.4up �to' •3 :months j � sign• "per �lot, '.�up�� to 25' �` _ � • ' �
' •; . square � feet in �si ze ( section 21. 5 - ( 5 ) ) . - : � ' - � " � .; ; , , . ' ; _ � _
- . REASON �'OR. TH� REQUF.ST �� --, - - . : . - . , . � �. � . . � � _ - ' � .� • - �- . �. ' ...
• r , � �:'TGC has �a need �for occasional promotiori of class registrations : � - _ , .' �
� The �banner that, was placed an the �freeway side' of our building when :it. ., _
� - was near -comp�etion was� a.great �help to. our initial registrations_ �This �
• ' freeway exposv:re� has shown,-: through �past survegs, �to be out.,g�eatest �� ;,-
� promotional asset. TGC would like to obtain permission�from the City to. -_ .
erect t�e banRer _2 times� a, year.� Once in I�ay for summer class promotion ;
� and once in the month of August to encourage registration of fali �•,•
- classes. , ` ' . � ' :�.
.`.`Quality Gymnasdcs Since 1856"
' ' . . � . ' � � . " . a> � . • .. . � l : - : � ..
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'. ��'URNERS �GYMNASTICS, CENTER � � _ ._ ' . ' �:-"'` . ' . � :,:,' . - _:' :_: _� .
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- QO L,exington Avenue S. ., . . • •. -- '•' .� � - - � . ' � � • - " `
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- ; 'Mendota�He'ights, MN 55120' . � , - . ' . - .. � •�; � • . - ' �� � - • —. . .-
: Phone: (612) 452-8064 . -, ` � ', , . .. . . � � - _ <.- ;; . �/ R E Q' ', ' - _
� `� Fax: � 612 905-2033 � " � - ` - � _ � - . - �, - ..; ., . • - •• - N - _ -
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. • �� • fl` .. . Ly � • , � _ " .� ^ Y. . . .. ` ..� � ; . , _ � ` • �. � .
' _ �- T_T /y'�� �;'r• � . � _ . .r,'"o .. .. .M'.` _` � _ • • ••�. ,
. .. . 'lSYJJVI�I'�fa•'r•. �7�LTi`1i�3�t • � •._ • ' ' . � ,• - • • � ' .. � /ey ' - _ ' -
, ' : . . ., .�GC.�zs���al�lowed�"-3.69 -square ��'eet .urider •�the�"current ordiriance�.� ��ie��,� _ _ ,_' �
, =}-cuzr`ent�y :�have ��wo ��sigr�s; -_a ��ogo�, sign -over -the�: front:•entrarice ��to �the.�' _ : , �
" -.bui�ding,. (25.�sg':ft. j ; and a �.back���it �sign"bn"'the '•east �side��.ofY�the:`��-:� .. . � .
��, y�buiiciing <faci�ng: tiie : free�tay".�-.�47 �sq. �,ft��: ) that:,�says' .Turners �Gyinnastics� �, � �.
'. � � Ceriter'. `�Bringing �`our� •total'":sigii' usage� �to 72 �square�:fee��.l :�" -•- � . � = � • � '..
• . ., ` _ - _.,. . - . _ _.�,_ - ,..:�. . - ` . •'_ ' .',
• � . .. . . _ :a- . . - :�' , � ., .. - • . . . _
. ' � SAi�7NER-,SIZE �AND �.HARDSHIP_ ; =.3.�' '. `- ;; �..: - _ �_ • - . . -
- . : � .. "The. ;banr�er " tised ,prev�ously-. measures 4� �ft ..by ��25� ft :' ar �-�00 : sg."': �t `- . �
. - . : Wer reques�:aa ;variance . from`:th� -25�'sq.� f�" .'standardr.•�ta �1Q0 sq: �:.ft.:' �or_. our _;� � •�� -_
:�_
� `�einporary.barii�er. ;�Ti�is may seemY"-�ike"�a`•sizabie�'c�ifference, .but='we'�fee�=; � , •
.. ,.. . .�
, -�j�ustified,in'our 'req�iest,:for. �he�.fal�owing reasons . �_- , . , ' . _• . - .'�.
' •: � - - .. • - - _ .. �._ � :_ ..�.. . .. _; .�- - . - ; - _. . „ .-_. . .4 . . ., `-
-,. . � ��. � �Tiie. ba�ner_,-wi].I. only- be' u`sed. ori_;,the,�east .f �reewa.y) .-side �• . " � , :
.' _` - � � � ���of :the�.building. � �The banner:�would •no�. �be �visibl� to•:a�iy'�.of: our • , �
' � - • .,abut�'ing�`land��owners- except �the: �reeway.- - . . , •�-:. - " , . - .
�� � • � : ; �2. -The sz"ze �:of � 'the ;banner is :needed�`•to allbw- the���,use, of'. . - � � - _ -
'�� � - Zetters"larg.e�'enoug�i to;b�e��read'by freeway..users ��without, ' - � • ;. "�
.� ' � . � �-��iiiminat��on._ ���Tsing��conservative��`1.'et��ering; �standards,:;�:for. ,,, � ��.� - • ;
. " � : ._ ., �view�.ng,�a��:approxiinately '30a:;feet���from=a�'•moving� car;::.`requires :. . . . -
-� " �- " . �_ � lettexs"'��'rom'�1. �o. �1 -5 ��ee.��i�. �height: This. �letter. 'size ..wi�l '. . � ._ .
� ,. = . �. �. ,,pexmit "oniy� �50-6Q letters 'or �Q-�.2�words �on .the �exis�ting �size � . �- ." ' -
- � .�� � - baiirier: �=: .�: � `�. -,_- ; , - : �- •,- : , � ;- ; .�..:, �:. ,_ �. .. ;. ' , :,. ;. _ . .. . .
" . • � �•- 3: D''ue�..to. the' size of the`�wall 'on�_-the east-� side of �our� . . � . �, �• ���. � •
- , - � � -.building.;��.�'�the banner' size. ���equested does not • �appear • , . - _ � - _ . "
. ' - , : , abnarmal.�y-..:�arge � or obst�uctive: - " - _ �. � � � : , • ` • _• � • _ .
� � ; • � �'4. °-We have a's�zabie�.i-nvestmen����in.`the �.existiflg b�nner._'Tt � - - � -, .
� ' - . - �:`• �has� a�..i�se�t�l�. life �af� severa� mare �ears.",��� � � �.. , � , . � � -
- •: . .. :. :5. •Using. �the banner.:ori'�the � freeway side of .our'buildinq�. � - . . •� �� • �: ' . �
_ . _ �� - . �. � will :greatly increase� our �,visik�iiity ir� the `Community,' - - �' '- . � . . •
_ - � - .. . thus . �ncreasirig .,enrol�lment . � - . .� ,. ' ' . , : ' . ' ' : , - . -. " .
' � �. . . - � 6.� The :banner sa�s�, . ..R @ CJ � ,1 ' S�� .t .e : r � � .N O� � , � . ', ' .
, � ' _ : . - .. '.. A .. . � _ ' .Turners :, Gymnas.tics : Center 452-8064 �� - _ , .
� ", • : � "Quality Gymnastics Since 1856"
` .'' �. . . ; -�1• • - L � - r • f �. i-` _ _: . . "' . . y ` ' � . .. � t, •• ` _ ' • _'h. . ... •�, . _ ' •• : .. �
• •rry ♦ 1• . " ,'S: � ` _ . . . .. . , . • . . � � . , . ��'��• � _ !�� � -
� '�ry• .�Y . . • " . . ' ," � . + � , . , . . . �•�� r .
�.Y. . •.- ` • .� 4 i.• • y ' . ` � ' • ' � ' , ,. ' ,.. .. r . " ' .. � � ��YY� � '�''
. � - . ' ��N .
.. �TtJR;�+TERS G�.'MNASTICS CEr�TBR � . .. . , � . . . .. ` �- .
• ,. .2500 LexingtonAvenue S. , • ." - - ... . . . . - - .
� ' Ivlendota Aeigfifs, MN 5512fl .. , � � • , - .• : . . . . . >'. � •••:• , �,j � . ` .
...._
. =Phane: •(61.2) �#52-8064 " . .'� ' : '" • _„ �.' , ,� � ' , ; � .. . • .. . . . (I R N ,�Q. , _ .. : .
' • �, Fa�c:: (612) 905-2033 ' . . .. .. ; - _ • . • . _ . . , .. . , - . � . = .. ..
� ."� �Ct�iDITI4NS , � . ' '. . _ . � . . - . � _ . < , .. ^ _. : �v ' .^` , _ ; _, .' � _... -+ �_ :.. . ..
� � � � � �� . TGG _ woulc3 � agree to keep the •banner ,.3ri good . repair, nea�t " in �� ' � .� � � • � t. ` ��
.._.-�appearaxice, �and w�I� se�u�ed 'to,�the bui�.d%ng. � We� iaouid a�.so agree ta use,,-. .=
.�� , �. the �banner ,for �no�, mare �that � 6 weeks per yea�. . During the •manths ' of I�Iay "� �� "„°�.� :�•
-: � �nd August .� � • �`his wo.u3d allaw • t�Ze use , of • the� banner for' � our � 2 ;: ' , . ' , � � .
�. • � � regi�t•ration =.periods per � year a�. . 3 weeks each�. "-. . � " - '. : . , . ' • � .
- ' - , ' . _ .._' " :.;.; ' f ,: ' '• � .-' r ' , , . y.._'.� y , ,. : ... . ,.� :.•�� _ .`..' ,.
- .�iDJAC�I�T . PROPERR`'Y'.. OWNERS . . . , .. � : � '. .. . .. . � � - .. �` .. -.
, . . � ` ��°,`<We� v�iere 4nat�;.abl�e :.to �.qe�,:.written .�consen� of adjacen� �property rowners� � ��--..
,by.. the-,.date� of �his � app�.ication. .'We acl�nowledge th�-�fo�.low�,ng •adjacent _ � � �'2�
. t prc�per�zes : . - , � � : . : ... ; � � - � � � - , . � . ` : . _ ' , _ '. _ ' - '
� .... .' .l: ��'reeman` Enterprises ..�27.5 Marie� Ave,, .E:. - . ,West St ' Pau�.' �. � " . . ,
. - ' • , .. Cl.wner .:a� th� vaeant. parcel. •riorth� of ; our .existirig . -f •. � � � - . �� ` � .
, _ - ..bui:idang . . ' , . . . _ - •- . : � ,. :. ` � .• : " : � . _ • . . ...�. , � , . 7 .. �: �
,' �. �� . .� , `2. 'Associa�,e��General Cointractors , � 111'� Kel'logg,�Blvd. �t .Paii1.' - - .. '�°;.�.`
,. . .. - ,.. �4wners af.,'the�,uacari� paree2,�to�..the�.soutl� ,of c��r.`property.'" . � • ... •:-'>�-;
� . . .'"���`; `Furners property was.• subdivided fr,om the previaus •AGC �� . . � ._
• . � . , . :� �parcel; - , -� .. � . - • .- . '• - " - : . � .. � � - . ' � . ' _ . � . � - . :
' � • �3 . .3Nf. Ccs ��'220_ 6E. 02 S� .,._ Faul � - - . ` . • ., . <:; ; . _ , .. ,`� .. -� � ' �� s .
. • .. , . - - �. '.Owner's- of .the' bu�lding��to. the_ west �af. our=�propert�, on� _the. - �. - '.��.
: � . . ,. ' ��vest� sic3e �o� Le�arng�an_ aven�.e �� " , •�.'. - � .. - , .. � ,� � . . .
, .� � : �'4�. .City,, Of �'Mendota Heights. •� � : �10I Victoria �Curve Me�dota He�ghts �> � - .
. �_ � - ,� . � . The City�.Public Works _facility; �i�s orz the �west 'sa.de �of � - � . • :`� „ _ � �
.' ... , -. , ' �Lexingt4n Avenue, j-ust west .and rnorth: o�f, our. buildirig. • .' • . " . . _ . .. . _
. . • �- . . . -�- .. . . • '- � �' - _ ' ' _ . " _ - - r .
. . • i s �.», , '+h :.'s�� - ' , F . ' - . .. . . . `_ �`. , , :.. -. . . .+ .
•" �� .: . Thank you _ �ar "your': assistance in processirig this "reque�t . � " Pleasei,: "•� .. '" �
. �fee]. � free to call _�e if : you �ave any� questions or are in r�eed a� -�' ". e ' ��
��additional �inforrnatiqn. , � , � _ .' _ : � .. . � - . �. . , '. , .. . � . � •. � .
- • � •. � • - . . . � - • . ' - : . , ' , - . • ' , • 5 . • . + .. � • ' . i • � I _ . •
, SariCe•z'81y,. � . - � . _ ' .. � . -' • . _ , ' ' " .
. . �, �d�-�-�--�._.� ' . - -
. Shery� J, Forshie� � - - _
� Director . . "' .
"Quality Gymnastics Since 1856"
a
L�
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING
May 12, 1997
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the Planning Commission of Mendota Heights will
meet at 7:30 P.M., or as soon as possible thereafter, on Tuesday, May 27, 1997 in
the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota,
to consider an application from Turner's Gymnastics Center for a Variance which
would allow a 100 square foot temporary banner on the following property:
Lot 1, Block 1, A.G.C. Addition
More particularly, this property is located at 2500 Lexington Avenue South.
Notice is pursuant to City of Mendota Zoning Ordinance No. 401. Such persons as
desire to be heard with reference to the request for the Variance will be heard at this
meeting.
Kathleen M. Swanson
City Clerk
Auxiliary aids for persons with disabilities are avaiiable 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 Administrator at 452-1850.
City of Mendota Heights
Variance Checklist
Date of Pre-Application Meeting:
Applicant: rt'�r� rJ �Q `s U�.ytti1 �+sr�cs
Case No: -�"i � -i l
CITY PROCESS
Applications will be scheduled for consideration by the Planning Commission andlor the
City Council only after all required materials have been submitted. Late or incomplete
applications will not be put on the agenda.
If proper and complete application materials and supportive documents arz submitted by
(date) then the public hearing or review of your case will be
conducted by the Planning Commission on (date). Following
completion of the public hearing, or Planning Commission review, the City Council may
consider your application on (date).
APPLICANT REQUIREMENTS
The following materials must be submitted for the application to be considered complete:
�a. Fee ($50 Residential, $100 Commercia�
✓ b. Completed and Signed Application Form
✓ c. Letter of Intent summarizing the proposal, including an explanation of hardship or
practical difficulty justifying the variance.
✓ d. Abstract Listing of owners located within 100 feet of property
✓ e. Sketch plan showing all pertinent dimensions, and including the location of any
easements, having an influence upon the variance request.
�} Rp��„t�-r- � e �..�
1 ����a:•s �..c.,.�-�.. 4 �k�w-�
�+�.�� ,J �.�--�- -� �-�-��.
�
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-e- �-� '�`�Su �
�rJ � Nonc € s
_ f. Written consent by the owners of property within 100 feet of the boundaries of the
property for which the variance is requested, accompanied by a map indicating the
location of the property in question and the location of property owners who have
given consent. If the signatures of all neighbors within 100 feet of the properry in
item ( fl are not obtained by , then the City will mail a notice to all
residents within 100 feet of the owner's property at least 10 days in advance of the
Planning Commission meeting on . The Planning Commission
will open a public hearing at the meeting and allow residents to speak on the
subject of the Variance. If the signatures in item ( fl are obtained by
, then the City will not mail notices to all neighbors within 100 feet
of the property and the Planning Commission may waive the Public Hearing at its
meeting on if it so chooses. There is no publishing requirement for
a Variance.
✓�� g. If topography or extreme grade is the basis on which the request is made, all
topographic contours shall be submitted.
V� �G h. If the application involves a cutting of a curb for a driveway or grading a driveway.
the applicant shall have his plan approved by the City's Public Works Director.
Dated originals plus twenty dated copies of all of the above materials must be submitted
by the aforementioned date. All materials larger than 8%z" x 11" must be folded to that
size.
(Note: Copies of this completed form will be given to both the applicant and the Senior
Secretary.)
Notes:
2
CITY OF MENDOTA HEIGHTS
MEMO
May 22, 1997
TO: Planning Commission
FROM: Patrick C. Hollister, Administrative Assistant
SUBJECT: Turners Sign Request Minutes
Please see the attached minutes from the Planning Commission's and the Council's
discussions of Turners Gymnastics' previous sign request in 1993.
January 26, 1993
Page 7
would prefer that they not be required to replace the one tree
as there is a significant amount of landscaping on their
property.
Commissioner Tilsen stated that the proposed addition seems to
be a significant enhancement to the Mersky's home and
neighborhood, but that he does not feel a hardship has been
proven. Commissioner Friel concurred and stated that the
City°s Zoning Ordinance does not define an enhancement to a
home as a hardship.
Commissioner Koll stated she talked to several residents
within the community. She stated the comments from the
residents were positive. She stated the enhancement would:be
a great improvement to the community.
Chair Dwyer stated that signatures of consent had been
obtained by the Mersky's.
Commissioner Roll moved to waive the public hearing.
Chair Dwyer seconded the motion.
AYES: 5
NAYS: 0
Commissioner Koll moved to recommend that City Council approve
a four foot (4') front yard setback variance to allow the
proposed addition with no conditions.
Commissioner Duggan seconded the motion.
AYES: 3
NAYS: 2, FRIEL, TILSEN
Commissioner Friel stated the proposed improvements are nice
and that the enhancements can be built without a variance.
HEARING:
CASE N0. 93-02:
TURNER' S GYNIl�TASTICS CENTER -
SIGN SIZE VARIANCE
Mr. Cliff Aichinger, Treasur�r of Turner's Gymnastics Center,
was present to request a variance to the Sign Ordinance, to
allow a 100 square foot temporary sign.
Mr. Aichinger explained that additional signage is needed to
help advertise their center. He stated the signage needs to
be large enough so it is readable from the highway. He stated
they intend to put the banner up no more than four times per
year, two to three weeks a time. He stated the sign is a
heavy duty material with two colors.
w
January 26, 1993
Page 8
Commissioner Tilsen noted that banner signs tend to become
shabby after a while and he noted that the Subway sign became
a real eye sore. Mr. Aichinger responded that Turner's has
done surveys where people have indicated that banner signs are
effective. He stated they do not intend on keeping the sign
up permanently as they feel it detracts from the building.
In response to a question from Commissioner Tilsen,
Administrative Assistant Batchelder explained the Planning
Commission has two different options to consider:
1. Consider the sign as a temporary sign (21.5(5)); or
2. Consider the sign as a permanent sign.
Batchelder stated that within this zoning district, no sign is
allowed over fifty (50') square feet.
Commissioner Duggan stated he has no problem with the banner
sign as the building is large.
Commissioner Friel stated no hardship has been proven and that
the Commission should reduce proliferation of signs in the
c ommuni ty .
In response to a question from Commissioner Roll, Mr.
Aichinger stated it takes two to three people to mount the
sign.
Commissioner Koll stated that once the gymnastics center has
a solid base, a temporary sign would no longer be needed.
Commissioner Tilsen stated that the a maximum allowed
aggregate signage would be 369 square feet. He stated that a
compromise would be to allow a temporary sign and a permanent
sign totalling 219 square feet maximum. He further suggested
that Turner's submit a schedule of signage times to the City
on an annual basis.
The Planning Commission briefly discussed their concerns for
setting precedent in recommending approval of the requested
sign size variance.
Chair Dwyer opened the meeting to the public.
There was no one present to discuss the request for a sign
size variance.
Chair Dwyer moved to close the hearing.
Commissioner Koll seconded the motion.
y
January 26, 1993
Page 9
AYES: 5
NAYS: 0
Commissioner Koll moved to recommend that City Council approve
a seventy-five (75) square foot temporary sign size variance
with the following conditions:
1. That there be an annual review by the Planning Commission
with no application costs.
2. That the Turner's Gymnastics Center submit a schedule of
sign usage on an annual basis with placement duration not
to exceed a total of three months per year.
3. That the sign be kept in good repair.
4. That the allowable aggregate signage be 219 square feet
during the duration of the banner sign.
Commissioner Duggan seconded the motion.
AYES: 3
NAYS: 2, FRIEL, TILSEN
Commissioner Friel stated that he is opposed to the sign size
variance based on the potential precedence of this variance.
MISCELLANEOIIS
STORM P7ATER COMPREHENSIVE
PLAN AMENDMENT
Assistant City Engineer Klayton Eckles was present to discuss
setting a public hearing to revise the City's Comprehensive
Plan to meet Metropolitan Council requirements regarding the
environment.
Eckles explained there are three issues that the Metropolitan
Council wants all Cities to address: special storm pond
design standards, erosion control on all new developments and
new shoreland standards. Engineer Eckles stated that Met
Council's strategy is to reduce nonpoint source pollution.
Engineer Eckles explained the Met Council wants all new storm
water ponds to be designed to National Urban Runoff Program
Standards (NURP). He further explained the Met Council wants
all developers to use the Use of Best Management Practices
(BMP) for erosion control. Eckles explained that the City
already requires developers to control erosion but not to the
e:ctent as the Met Council requires. He exnlained that the Met
Council wants to see Cities revise existing shoreland
Page No. 3523
February 2, 1993
It was the consensus that the matter should be
returned on February 16th, that the forty foot
wide easement and turn-around area and
building pads should be shown on the survey,
that the identification of the lots should be
changed on the survey (Parcel A/Parcel B) for
clarification purposes, that the developer
should provide an agreement in recordable form
covering the driveway width; easement and
maintenance, and the driveway construction
standards (22 ton minimum equipment
capability). It was further the consensus
that the driveway should be widened to the
north, which would not intrude into the
wetlands area, with a single access point at
Mendota Heights Road and that the proposed
approval resolution incorporate the conditions
enumerated by the Planning Commission, except
to require the 20 foot driveway width and not
provide the option for sprinkler systems vs.
20 foot driveway width, that it should include
the basis for hardship, and that a park
contribution should be required for the
outlot. Mr. Patrick was also directed to
provide the city with a copy of restrictive
covenants which would bind the future owners
of the three lots to maintenance of the
driveway, and to file a 40 foot wide driveway
easement.
Councilmember Krebsbach moved to continue
discussion on the matter to February 16th.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
CASE NO. 93-02, Mr. Bob Hughes, representing Turner's
TURNER'S GYNIl�IASTICS Gymnastics Center, was present to request
approval of a variance to allow a temporary
100 square foot banner sign proposed to be
placed on the east (freeway) side of the
Turner's building two to three times during
the year. He explained that the hardship is
that the center needs to increase its
membership because much of the charitable
gambling funding it has depended upon in the
past is no longer available. He informed
Council that a recently completed Turner's
marketing survey indicates that the best
method of acquiring new members is through
referrals and the next best method is seeing
the building. The proposed sign would provide
the needed visibility.
Page No. 3524
February 2, 1993
Mayor Mertensotto stated that Council tries to
protect the city's industrial area from sign
proliferation and does not want the city's
freeway areas to be cluttered with signs.
Council has been very judicious on issuing
signs, and requires all industrial buildings
to be finished on all four sides so that a
good appearance is presented along the
freeways. He stated that the zoning ordinance
allows temporary signs of 25 square feet in
size for a duration of 30 days, and the
applicant is asking for a 100 square foot sign
for no longer than 30 days at a time, four
times a year.
Administrator Lawell informed Council that the
sign provisions exempt residential real estate
marketing by signs, and there is a sign on the
freeway side of the Lexington Heights
Apartment. He pointed out that there is no
ordinance exemption which would allow the
Turner's sign.
Mr. Hughes stated that a permanent sign is
planned to be installed in the next couple of
years.
C�uncilmember Huber stated that if Turners
came to Council requesting a temporary sign to
just announce the building that would be a
different matter. He stated that he would not
be in favor of a sign announcing registrations
for a two week period, as an example, and
would not want people driving along the
freeway trying to write down a number to call
for registration information. He was very
concerned about setting a precedent.
Mayor Mertensotto asked how many participants
are in the programs now. Mr. Hughes responded
that there are currently 450 individuals
registered and that the program could carry
650 to 750 within the current schedule.
Councilmember Krebsbach suggested a one-time
only sign. She asked Mr. Hughes if Turners
would agree to a permit on a one-time basis,
since the sign has already been acquired.
Mr. Hughes responded that the sign would be
needed for three or four weeks at a time, and
that Turners would certainly be willing to
live with a temporary sign three times a year
for two years, when a permanent sign can be
Page No. 3525
February 2, 1993
installed. He stated that a sign will be
needed in August to announce a registration
period.
Mayar Mertensotto stated that he would not
want to set a precedent, and that �he city
would nat allow the industrial firms along I-
494 to install advertising signs along the
freeway. He suggested that Turners s�3ect a
30 day periad for the temparary sign. He
informed Mr. Hughes that he could agree to
allowing the sign to the extent of granting a
single 30 day period to allow Turners to use
the sign they have acquired.
Councilmember Huber asked Mr. Hughes what is
envisioned for a permanent sign. Mr. Hughes
responded that he does nat knaw yet, but
probably some type af pragrammable,
infarmational sign.
After discussion, Councilmember Huber moved ta
approve a variance to a1Zow a temporary si.gn,
up to 100 square feet in size, fo� a 30 day
period which must start in August, 1993 c�r end
in August, 2993 subject to written notice to
the city from Turner's Gymna�tics on when it
would like the thirty days to commence.
Councilmember Smith seconded the motion.
Ayes: 5
Nays: 0
GASE N�. 93-q1, BUFFIE Mr. Randy Buffie, architeet representing Mr. &
Mrs. Robert Mersky, was present to request
approval af a four foat frant yard setback
variance to allow a praposed addition ta the
Mersky home located at 1758 Sutton Lane. Mr.
Buffie described the addition and
modifications proposed to be made to the home
and informed Council that a�our foat variance
is required to accomplish the proposed design
of the structural entry calumns of the
addition, He infarmed Council that a hardship
exi.sts because the current entry foyer is a 6
by 4 foot area which is very cramped and aut
of scale with the rest o� the rooms. The
proposed design would apen the front af the
existing foyer and make it a two stary space.
The coat closet would have to be eliminated
unless a variance zs granted.
Councilmember Krebsbach stated that she
supports the variance, and that based on the
.Y'
CITY OF MENDOTA HEIGHTS
MEMO
May 28, 1997
ti���(';
TO: Mayor, City Council and City Admirus a or
FROM: Patrick C: Hollister, Administrative Assistant
SUB7ECT: Planning Case Number 97-12: Brown Institute
Conditional Use Pernut for M'ining
1440 Northland Drive (Old Cray Building)
Discussion
Mr. Tom Lander of Mortenson appeared before the Planning Commission at their
regularly scheduled meeting on May 27, 1997 to discuss Brown Institute's plan to move
into the vacant Cray building north of I-494. Specifically, Mr. Lander is applying for a
Conditional Use Pernut for Mining due to the extensive amount of grading necessary for
the site.
Mr. Lander said that the main changes to the site outside of the building would revolve
around grading and parking. Mr. Lander said that according to the City's ordinance the
school would need less than 300 parking spaces, but that Brown Institutes own experience
was that they needed about 750 parking spaces. Mr. Lander said that the building would
have a maximum theoretical capacity of 1700 people, but that since the classes occuned in
three shifts, Brown calculated that they need about 750 parking spaces. Brown Institute
currently has about 1400 students at their location in Minneapolis.
NIr. Lander said that he was aware that the City standard for a parking stall was 9' x 20',
but that Brown Institute would like to stripe the pazking lot for 8' x 20' parking stalls in
order to save as many trees and green space as possible. Commissioner Friel said that he
thought Brown Institute would need to apply for and receive a Variance in order to be
allowed to stripe their parking lot for anything less than 9' x 20' parking stalls. Planner
McMonigal replied that her interpretation of the Zoning Ordinance was that as long as
Brown Institute provided enough parking surface to accommodate the required number of
9' x 20' stalls, a requirement which Brown would far exceed, Brown may stripe the
parking spaces for a smaller size if they wish. Planner McMonigal added that Brown
Institute would have enough room on the site to provide 750 stalls at 9' x 20' if they were
willing to cut down more trees. Commissioner Friel was unpersuaded by such arguments,
and said that such an interpretation would allow developers to subvert the intent of the
Zoning Ordinance.
�
c
Much discussion also ensued about the use of mass transit by some Brown students and
the current lack of transit service to this site. Many Commissioners felt that it would be
good for transit service to be available and for more Brown students to use it in order to
reduce the amount of traffic to the site and parking on the site. Mr. Lander said that
Brown Institute was pursuing discussions with MCTO about bus service to the site and
that as a back-up plan they may talk to the airport shuttle providers about providing some
sort of service during airport off-peak hours.
Additional Background
Brown Institute had met with Staii as early as 7anuary of 1996 to discuss moving to
Mendota Heights, but had decided to stay in Minneapolis for one more year instead. This
year they decided to move out of Minneapolis, and Mr. Lander has told Staff that the Cray
building is one of the few suitable sites in the Twin Cities area.
The Cray building represents an older style of corporate real estate, with many private
offices, and corporations in the 1990s prefer large common spaces to be divided into
cubicles. This means that there have been few corporate users interested in this building,
and Brown Institute may offer the best potential for a tenant.
Mortenson would own the building and lease it to Brown Institute. Brown Institute is a
for-profit enterprise, and thus would pay properry taxes.
Please see the attached items of public record pertaining to this application. Mr. Lander
and other representatives of Mortenson and Brown Institute will be present at the June 3,
1997 meeting of the City Council to discuss this application.
T'� Considerations
At the January 21, 1997 meeting of the City Council, the Council granted Concept
Approval to participate in Tax Increment Financing with Mortenson Properties and
contribute $336,500 of TIF towards the site and drainage improvements at the old Cray
site. At that meeting, Council also authorized the City Attorney to prepare a draft
Developers Agreement to cover the project. Attached is a copy of that draft Agreement.
Recommendation
At their regularly scheduled meeting on May 27, 1997, the Planning Commission voted 5-
1 to recommend that the City Council approve the Conditional Use Pernut for Mining for
Brown Institute with the following conditions:
1. That the retaining wall be minimized, if possible. All details should be submitted to the
City Engineer for approval.
2. That grading and drainage plans be submitted to the City Engineer for approval.
3. That a power line and pole relocation plan be submitted to the City Engineer for
approval.
4. That the western access drive be reconstructed to a minimum of 25 feet wide, with
curb and gutter or as approved by the City Engineer.
5. That a lighting plan for entrances, building, and signage be submitted for Staffreview
and approval. �
6. That architectural elevations and details illustrating the building entrances/exits from
the southwestern parking lot be submitted.
�' S �,.lCs
7. . e-st��ed 9' X� ��.�s_per�Gity_G�x`diiz�:nee,�.. Q l�o ��(
Ir�. e�.��., +� c��,{-c.v�---� �, ��4.�s�
8. That Brown institute t�-e-r�ea°srxr-e���tudent security.
}d.c. e wc.o v�ar.�.a-� E--� 4A�JL.vc..c�
9. That Brown Institute t�suXes to provide transit service to students.
Commissioner Betlej voted in the negative and Commissioner Koll was absent.
Commissioner Betlej indicated that his negative vote was not due to any opposition to the
proposal, but rather an objection to the imposition of Condition Number 8 on the
applicant. Commissioner Betlej felt that the use of 8' x 20' parking spaces was preferable
to cutting down more trees and laying down more asphalt.
Council Action Required
Discuss this application with Mr. Lander and other representatives of Mortenson and
Brown Institute, and then if the Council wishes to follow the Planning Commission's
recommendation, they should adopt the attached Resolution 97-_: A RESOLUTION
APPROVING A CONDITIONAL USE PERMIT FOR MIlVING FOR MORTENSON
TO RELOCATE BROWN INSTITUTE TO THE CRAY BITII,DING UNDER
CERTAIN CONDITIONS, making any revisions the Council deems necessary and also
review and approve the attached draft Developer's TIF Agreement.
�
Since the Council also needs to approve all building permits for industrial or commercial
buildings, the applicant also requests that the Council authorize Staffto issue building
permits for signage and for exterior modifications (primarily additional egresses to meet
the Fire Code) upon determination that they conform to the City Zoning Ordinance.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 97-
A RESOLUTION APPROVING A CONDITIONAL USE PERNIIT
FOR MINING FOR MORTENSON
TO RELOCATE BROWN INSTITUTE TO THE CRAY BUII.,DING
UNDER CERTAIN CONDTITONS
WHEREAS, Mr. Tom Lander or Mortenson has requested a Conditional Use
Permit for Mining allowing Brown Institute to relocate to 1440 Northland Drive,
commonly known as the Old Cray Building, as proposed on plans on file in Planning Case
No. 97-12; and
WHEREAS, The Planning Commission of the City of Mendota Heights met to
discuss this application at their May 27, 1997 meeting; and
WHEREAS, The Planning Commission voted 5-1 on May 27, 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 Conditional Use Pernut for Mining allowing Brown
Institute to relocate to 1440 Northland Drive, as proposed on plans on file in Planning
Case No. 97-12 is hereby approved on the following conditions:
That the retaining wall be minimized, if possible. All details should be submitted to the
City Engineer for approval.
2. That grading and drainage plans be submitted to the City Engineer for approval.
3. That a power line and pole relocation plan be submitted to the City Engineer for
approval.
4. That the western access drive be reconstructed to a minimum of 25 feet wide, with
curb and gutter or as approved by the City Engineer.
5. That a lighting plan for entrances, building, and signage be submitted for Staff review
and approval.
6. That architectural elevations and details illustrating the building entrances/exits from
the southwestern parking lot be submitted.
7. That all parking spaces be striped� x 20', ��pg�r�Ci� �b�d��a. c�
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That Brown institute take measures for student security. _
�Q���
That Brown Institute take measures to provide transit service to students.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that the proposed Conditional Use Pernut for Mining allowing Brown Institute to
relocate to 1440 Northland Drive, as proposed on plans on file in Planning Case No. 97-
12 would 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 3rd day of June, 1997.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
CITY OF 1�IENDOTA HEIGHTS
MEMO
May 23, 1997
TO: Planning Commission
FROM: Marc S. Mogan, Civil Engineer MSM
SUBJECT: Planning Case No. 97-12, Brown Institute Application for
Conditional Use Pernut for Land Reclamation,
Grading, & Drainage Plan Review
DISCITSSION:
BRW, Inc has submitted a Stormwater Management Report, and grading plan on behalf of
Mortenson to cover proposed parkin� lot expansion on the Brown Institute site. Most of the
parking lot expansion would occur on the undeveloped portion of the site west of the existing
building, and to a lesser extent, alon� the eastern edge of the existing east parking lot. The site
is approximately 16 acres in size. The parkin� lot e:cpansion proposed under plan will increase
the impervious surface on this site by approximately 2.5 acres.
G�DING:
The proposed grading plan will necessitate the eYcavation and off-site disposal of a significant
volume of soil. This soil volume has not besn quantified at this point.
The plans dated 5/23/97 do not include any erosion control measures. BRW, Inc. has promised
that the final construction drawings they are currently preparing rvill be in conformance with the
guidelines as recommended in conjunction with land development as published by the Minnesota.
Pollution Control Agency (11�CA) in "Water Quality in Urban Areas", commonly refened to
as Best Mana�ement Practices (BMPs).
STORMWAT'Elt SYSTEM•
The Stormwater Mana�ement Report prepared by BRW, Inc., considered the before and after
changes in land use on the site eYclusively. The Consultant should confirm that the proposed
stormwater facilities are sized appropriately for their respective drainage areas.
The proposed ponding and stormwater control structures provide overall 10 and 100 year pre-
development runoff rate control for the proposed land use modifications consistent with the
Industrial Park Stormwater Management Plan for this area.
��
The storrnwater retention basin in the northwest corner of the site also provides a water quality
treatment functzo� priar ta any off-site stormwater discharge far most af the new imperviaus
swrface under this proposed plan.
The Consultant and Owner should review the operation and rnaintenance implications of the
ra#e control apgaratus on the storm sewer system which draizis south ta the I-494 right afway
near the southwestern corner of the e:tistin� building.
SUMMARY:
Based on my review and analysis of the information presented, my comments are as follows:
The Stormwatez Management Report prepared by BRW, Inc., considered the before and after
changes in Iand use an the si#e exciusively. The Consultant should con�rm that the groposed
stormwater facilities aze sized appropriately for their respective drainage azeas.
The proposed ponding and stormwater control structures pravide overall 10 and 100 year pre-
deveiapment runoffrate control for the proposed land use madifications consistent with the
Industrial Pazk Starmwater Management Plan for this area.
The storrnwater retention basin in the northwest comer of the site also provides a water quality
treatment function prior to any aff site stormwater discharge for mast of the new impervio�zs
surface under this proposed plan.
All grading and erosian control measures should be reviewed by the Engineering Department ta
insure conformance with the guideiines as recomrnended in conjunction with Iand developrnent
as published by the l��annesota Pollution Cantral Agency (MP'CA} in "Water Quality in Urban
Areas", commonly referred to as Best Management Practices (BMPs) prior to granting any
Canditionai Use Perniit far Land Reciamation.
MS'iVi
�
McCombs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447-4739
1VIEMOR� N� UM
..�
DATE:
TO:
FROM:
MEETING
DATE:
SUBJECT:
APPLICAIVT:
LOCATION:
ZONING:
GUIDE PLAN:
May 22, 1997
Planning Commission of Mendota Heights
Meg McMonigal, City Planne��'��'-
Theresa Greenfield, Planner i
May 27, 1997
Conditional Use Permit for Land Reclamation
MFR.A �11371
Telephone Engineers
612/476-6010 Planners
612/476-8532 FAX Surveyors
Mr. Thomas Lander, Mortenson Properties (for Brown Institute)
1440 Northland Drive
I - Industrial
I - Industrial
Descri�tion of Rec�uest
Mortenson Properties has requested approval of a Conditional Use Permit (C.U.P.) to allow
parking lot e�pansion and site improvements for Brown Institute to move into the former Cray
Research building on Northland Drive. The CUP would allow the removal of 3,000 cubic yards
of soil from the site. Information regarding parl:ing lot la�out, liahting, landscaping, and site
signage has been submitted. A CUP is required per Section 4.12, Land Reclamation, of the
Zoning Ordinance.
Background Information
The City Planner met with the applicant on April 14, 1997 and visited the site on May ?0, 1997.
An Equal Opportunity Employer
Mendota Heights Planning Commission
Brown Institute CUP
May 22, 1997
Page 2
The 16 acre site was the home of Cray Research and was vacated April, 1996. A 43,000 square
foot building and accessory features (pazking lot, volleyball court, etc.) exist on the site today.
The site is accessed from Northland Drive. Highway 494 borders the site on the south. To the
north and west are multi-tenant industrial users.
Brown Institute is a trade school; trade schools are a Conditional Use within the Industrial
District.
Site Imnrovement Summary
The applicant intends to redevelop the site to meet Brown Institute's needs. Exterior
improvements will include: 1) the addition of approximately 500 parking spaces; 2) parking lot
lighting; 3) landscaping and reconstruction and addition of retaining walls; 4) replacement of
electrical poles; 5) construction of two entrances to the western building from southwestem
parking lot; 6) increased building and entrance signage with a pylon at southwest comer of site.
Conditional Use Perm�t Review
When reviewing a CUP request, the City considers the effect of proposed use upon the health,
safety and welfaze of the occupants, surrounding lands, existing and anticipated tra.ffic conditions
(including parking facilities) and proposed effect on the Comprehensive Plan. Conditions may
be attached to ensure the purpose and intent of the Zoning Ordinance is carried out.
1. Paxkin�:
The applicant meets and exceeds parking requirements per Section 21.1(4)d of the
Zoning Ordinance.
The code requires approximately 250 spaces. The applicant has requested approval to
expand to approximately 750 spaces. All pazking will include curb and gutter. All
parking lot setbacks from buildings, lot lines, right-of-way meet City requirements.
Two separate pazking lots aze proposed. First, the east lot, with 379 spaces, will be a
reconstruction of the existing parking lot, accessed from eastern side of Northland Drive.
It will include the removal of the northern wooden retaining wall and construction of a
northern and eastern modular block retaining wall up to seven feet (7') in height. Details
of the retaining walls need to be submitted for staff review. The second lot, to be located
in the southwestern portion of the site, will accommodate approximately 371 spaces.
Construction of this lot will include the relocation of existing power lines and poles. A
detailed electrical relocation plan needs to be submitted for engineering review. Existing
trees and vegetation aze proposed to be removed adjacent to the scenic easement (along
494 right-of-way) and northwest of the existing volleyball courts. The applicant has
indicated the proposed tree removal areas will be staked for City review.
Mendota Heights Planning Commission
Brown Institute CUP
May 22, 1997
Page 3
As of 5-21-97, the location and size of the southern lot was being revised to be outside
the scenic easement area and to minimize tree removal. A revised southern garkir;g lot
plan should be submitted prior ta City Council action.
The applicant has proposed striping the lots to accommodate $' x 20' parking spaces.
City code requiares 9'� x 20' parking spaces {Section 21.1(2}d). The aiternative striping
plan would create approxirnately 750 spaces vs. 6$0 spaces per the City Code.
► �� •
A parking lot lighting plan has been submitted for review. The proposed plan appears
adequate and meet the City's requirements. However, Iighting of the building, signage
and entrance/e�cists was not described.
._�� .. �.
The propased landscape plan appears adequate and meets the minimum requirement af
the City. Twenty-five (25) overstory trees, nine (9) spruce, three (3) ornamental crabs,
and 65 smati evergreens will be added to th� site. The pzapased landscape plan facuses
on special plantings in and azound the parking lot areas; and the creation of retaining
walls to acco�runadate the pzopased parking needs.
4. Site ccess:
Two entrances exist io the site and will remain unchanged. An entrance szgn is planned
for the eastem entrance. Cansideration should be given to the addition of
entranceJpazking signage to access the sauthwestern lot.
The access road to the lawer ievel (western) parking varies in widths from 20-30' feet
wide, and is narrow in spots. A minimum driveway width of 25' is standazd for two (2)
cars passing each other. Curb and gutter will be required by the City Engineer.
S. Builc�in es�
With the addition of a significant amount of parking adjacent to the lower southwestern
wing of the building, accessible entrances/e�caits need to be incorporated ir�ta the building
improvements. Architectural elevations and entrance details should be submitted for
review prior ta zssuance af a building pennit.
Mendota Heights Planning Commission
Brown Institute CUP
May 22, 1997
Page 4
Action Rec�uested
The Planning Commission can recommend:
l.) approval as submitted;
2.) approval with conditions; or
3.) denial with findings.
Staff Recommendat�on
The City Planner recommends approval of the Conditional Use Permit for Land Reclamation
with the following conditions:
1. Retaining wall be minimized, if possible. All details be submitted to the City
Engineer for approval.
2. Grading and drainage plans be approved by the City Engineer.
3. A power line and pole relocation plan be submitted to the City Engineer for
approval.
4. Revised plans for southern parking lot be submitted to minimize tree removal and
avoid the existing scenic easement.
5. The western access drive be reconstructed to a minimum of 25 feet wide, with
curb and gutter or as approved by the City Engineer.
6. Lighting plan for entrances, building, signage be submitted for staff review and
approval.
7. Architectural elevations and details illustrating building entrances/exits from the
southwestern parking lot be submitted.
Materials Reviewed
1. Application for consideration of a Planning Request signed and dated May 6,
1997.
2. Letter of Introduction from Tom Lander, Director of Asset Management dated
May 5, 1996.
3. City of Mendota Heights Conditional Use Permit Checklist dated May 6, 1997.
4. Abstracters Certificate dated May 2, 1997 prepared by Quality Abstract, Inc.
5. Signage Plan, drawings al, a2, a3, a4, prepared by Architectural Alliance dated
May 5, 1997.
6. Site Development Plans including; Existing Conditions, Site Development Plan,
Site Dimension Plan, Grading Plan, and Landscape Plan, prepared by BRW dated
May 6, 1997.
7. Preliminary Site Lighting Layout prepared by Parsons Electric Co., dated May 2,
1997.
e:main:11371:mend5-21
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�Ro�` ��I�i��'�ROP & WEINSTI�� �Ti1E� 6. 3' 97 ,1�:�8/ST. 16:�71N�. 42603b9226 P 1
� WINTHRQP
�i Pra, fessionat Assoeiation
3200 Minnesata World Trarle C'eruer
34 F.Qst Seventh St�eet
Sr. Paul, Minrus�ra SS�QI
Telephone: (612j 29q�84Qi0
Fc�z: (612j 292-9347
FACS�ViII.E Ct)�TER LETfiER
sEr�rr Ta: ��.Vc�} ti�4'��?:A�`CZ..
SENT BY:
DATE:
ME'SSAGE:
FACSiMII.E NO.: �`� "� �l (� V
�iC1�ZAS M. HART (�12/290-8481a � NO.: i ao� -[�
�-F=--_
�e Sent hy �J.S. Mail
.T�. �..�.. J... A...,w..:� .s�a:...._.
�=�� Nor Be Sera
This communication consists of.. gage(s}, including this cwer Ietter. If a�ll pages are nat
received, please cantact Debbie Lichty at {612} 29Q-$433.
FR�.M WIN�'HAOP & WEINSTINE (TUE1 6, 3' 97 16:49/ST, 16;47/N0. 4260369226 P 2
CONTRACT FOR PRiVATE DEVELOPMENT
by and between
The City of Mendota Heights
Mortenson ��,
arid
Brovm Institute<�
7une� � . 1997
FAQM WIN'THROP & WEINSTINE (TUE1 6, 3' 97 16:49/ST. 1b;47/N0, 4260369226 P 3
CONTRAGT FOR PRIVATE DEVELOPMENT
This Contract for Private Development {this "Agreemeirt"), made on or as of the � day of
�4a� <Iunv, 1997, by and between The City of Mendota Heigiits> {the "City"}, a statutory city
of the State of Muinesota, having its prindpal offices at 1101 Victoria Curve, Mendota Heights,
Iviinnesota S S I 18, Mortenson Properties, Inc., a Ivfinnesota corgoration> {the "Developer") and
GBrown Institut� LTD., a Delaware� carporation (the "Lessee"), with its principal affice at 1335
Mendota Heights Road, Mendota Heights, Minnesota 551 l 8.
WITNESSETH:
WHEREAS, the City is a statutory city of the fourth class organized and existing pursuant to the
Constitution and laws of the State of Minnesota and is governed by the City Couacil (the
"Council") of the City; and
WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Chapter
273, as amended and recodified (the "Act"), the Council is authorized to establish development
districts in order to provide for the development and redevelopmrnt of the City; and
WHEREAS, pursuant to the Nfinnesota Tax Increment Financing Act, Mirmesota Statutes,
Sections 469.174 et. seq_ (the "Tax Increment Act"), as amended, the Council is authorized to
finance the capital and administration costs of a development district with tax increment revent�es
derived from a tax increment financing district established within such development district; and
WHERF.AS, the Council adopted the Development Program {the "Development Plan") on May
5, 1981 creating Development District Number 1(the "Development District") pursuant ta the
Act; aad
WHEREAS, in oonnection with the Development Plan the Council has established a tax
increment financing district pursuant to the Tax Increment Act (the "Tax Increment District"}; and
WHEREAS, the City beiieves that the development of the Development bistrict pursuant to this
Agreemern, and fulfillment generally of the terms of this Agreement, are in the best interests of
the City and the health, safety, morals and welfare of its residents, and in accord with the public
purposes and provisions of applicable federal, state and loca] laws under which the Development
Plan is being undertaken and assistecl;
NOW, TAEREFORE, in consideration of the foregoing premises and the mutual promises,
representations and undertakings of the parties hereto, each of them does hereby covanant and
agree with the other as follows:
FAOM WINTHAOP & WEINSTINE (TUE1 6. 3' 97 16;50/ST, 16;47/Na, 42603b9226 P 4
SECTION 1.
DEFIlITITFQNS
SECTION 1.1. DeiinitiQns. When used in this Agreement the foHowing terms shall have
the meanings specified in this Section 1. Each definition or pronoun herein shal! be deemed to
refer to the singular, plurel, masculine, feminine or neuter as the context requires. Words such as
"herein," "hereinafter," "hereaf,° "hereto," and "hereunder," when used in reference to this
Agreement, refer to this Agreement as a whole, unless the context requires otherwise:
{a) A�i mearts the Municipai Development Districts Act, Minnesota Statutes, Chapter
273 as amended and recodified.
{bj Actual Kaowledge means, with respect to any representation m�de herein, the
awartness of facts or information, or the absence of facts or information, by a natural
=---7 —y ._ __._ _ �o_ _....T, --T --_.__ � ��. _.__.�.
(c) A�reement means this Contract for Private Development, as the same may be from
time to time modified, amended, or supplemented.
(d) Certificate of Comnletian mesns the written certification by the City that the
IV�inimnm Improvements have been completed in accordance with the terms of the
��t_
(t) Ci ► means the Ciry of Mendota Heights, Itifinnesota.
(f} Conatevction Plans means the plans, specifications, drawings and documents
related to the Development Property and the construction work to be performed by the
Developer on the Development Property including, but not limited to, the following: {1) as-
built survey of Development Property, (2) site plan; (3) landscape plan; and {4} suc�► other
plans or supplements ta the foregoing plans as the City may reasonably request.
(g) Council a►eans the elected city council of the City.
(h} Coun means the County of Dakota, State of Minnesota.
(i} Develoner means Mortenson �<Properties_ Tnc.> and under na
circumstances shall the term Developer be defined to include the Lessee.
(j) Developmeq�Dist�nct, means Development District Number 1 created by the City
pw�suant to the Develapment Plan.
(k) Develooment Plan means the Development Program for Development District
Number 1 adopted by the Council on May 5, 19S 1, as the same has been and may hereafier
be amended.
-2-
FAOM WINTHAOP & WEINSTINE
, �
iTUE1 6. 3' 97 l 6; 50/sT, i 6; 47/Na, 4260369226 P 5
(L) Deve�onment Pronertv means the rEal property legally described on Exhibit A
attached htrcto and incorporated herein.
(m) Event of Default means an action or occurrence described in Section 7.1 of this
Agree�►eni.
(n} Less�t means Brown Institute, �� a lvtuinesota corparation.
(o) Minimum Improv�ments means demolition and site clearing, regrading the
Development Fi�operly, installation of erosion control measures, installation af an earth
retaining systerq installeiion of a storm sewer systerr� reseeding or resodding of lavv� as
appropriate, landscaping, and design and installation af a storm water retention pond
designed sad installad in accordance with the standards of the National Urban Runoff
Programi?
(p) Permittcd Transfer means any conveyance or disposition of the Development
Property which is excepted from the definition of Transfer set forth in this Section.
(q) Preliminarv Devdopment Plan shall mean, collectivety, the Construction Plans
and all other writings, drawings illustrations or other artistic renderings, applicatio�s,
agreements or othec documents submiited to and approved by the City in connection with
this Agreement and/or the Project.
(r} Pro' mesns the construction of the Muumum Improvements,
(a) Reimbursab[e Costs means the Proje�t costs for which the Ciry is partially
reimbursing the DeveIoper pwsuant to this Ageement, as set forth on Exhihit B attached
hereto and incorporated herein.
{t) S_ means the State of Minnesota.
(u} Tu Increment means that portion of the real estate taxes paid with respect to the
Development Properiy which is remitted to the City as tax increment pursuani to the Tax
Incresnent .Act.
{v) T�: Incremcnt Act means the Tax Increment Financing Act, Mirrnesotu S1atu�es,
Sections 469.174-469.179, as amended. '
(w) TAx L�crem�nt Distriet means Tax Increment Financing District Number 1 created
and amended by the City pursvant to the Tax Increment Plan adopted in connection with
the Deveiopment Plan.
(_) Ta= Increment Plan means the Tax Increment Financing Plan adopted by the City
on May 5, 1981, in connection with the creatioa of the Tax Incrernent District, as the same
has been or may be amended from time to tirne.
-3-
FAOM WINTHAOP & WEINSTINE
(TUE) 6. 3' 97 16 ; 5i/ST, i 6: 47/Na, 4260369226 P 6
(y) Taz Official irieen8 aay Cit)► Or COuntY a3S�SSor; County auditor•, City, County or
State board of equalizatioq the comrnissioner of revenue of the State, or any State or
federal district court, the tax court of the State, or the State Supreme Court.
(z) s�rsfer means any cessation of possession of the Development Property by the
Developer for any reason, including:
�/1°✓�.��`�'
Q��,�,.G �
/
{i) any lease entered into by the Developer, as lessor, for occupancy and use af
the Development Property and tho Nfitimum Improvements, except for any lease to
Lessee; or
(u) the sale, assignment, conveyance, iease, transfer, foreclosure, or other
disposition of {i) the Development Property or any interest therein or (ii) the
Nfinimum Unprovements, or any portion thereo <> except fo �� any lease of
such property to Lessee��C�� a one-time trans�er �Q an entitv at least�6�
�hich is owned_ evetoper or the arin_C1�a s o�eveloner_ or (cl the erantine of
r mort age 'nterect ��he_ Develonment Proneriv to ?GF National Aank
I►Tttuiesota. >
{iii} the sale, exchange or transfer of greater than a fifty percent (SO%} interest in
the ownerslup, profits, or capital of the Lessee, determined with reference to all such
exchanges occurring after the date hereof.
(as) UnavQidabte Delays means delays which are the direct result of strikes, shortages
of materials, war or civil commotion, delays which are the direct result of ua%reseeable and
unavoidable casualties to the 11�iinimum Improvements, the Development Property or the
equipment useci to construct the Minimum Irnprovements, delays which are the direct result
; of governmental action or inaction beyond the control of Developer, delays which zre the
direct resutt of judicial action commenced by third parties, citizen opposition or action
affecting the Project or adverse weather conditions, <anv Act of God_> or to any other
cause or action beyond the reasonable control of the party seeking to be excused as a result
of its occurrence. �
� SECTION 2.
' REPRESENTATIONS AND WARRANTI�S
SECr�Ox i.1. Renresentatioas bv tht Citv. The City makes the following
, representations as the basis for the undertaking on its part herein contained:
, (st) Status of Citv. The City is a statutory city of the State wiih all the powers of a
�zc ppacam�Tanrs,-zn� c�cy'�s' m� pvv�zr-sv
enter into this Agreement and carry out its obligations hereunder.
�
��
FR�M WINTHAOP & WEINSTINE (TUE1 6, 3'97 16:51/ST.16;47/N0,4260369226 P 7
(b) ��m,p1s'.�n_�_with LayY�. The City has created, adopted and approved the
Development DistriCt, the Development Plan, and Tax Increment I?istrict in accordance
with the respective terms of the Act and the Tax Tncrement Act, and the same remain in full
force and effect.
(c) No Warrr.ntv as to Develonment Prooertv. Except as specifically provided
hereiTM the City makes no representation, guaranty or wari-az�ty. either express or implied, as
to any matter, including specifically, but without limitation of the generality of the
�. , f� ��,p�� tp��, �pn nf�yelonment Pron�i �j� tj�
needs, or (iii) the economic feasibility of the Project.
SECTION 2.2. Reuresentations. Govenants a d Warrautie� bv Lessee and Develoner.
The Lessee and Developer hereby represent and warrant, jointly and severally, that:
{A} Good Standing Lessee is a corporation duly organued, validly existing and in
gaod standing under and pursuant to the laws of the State of Minnesota and has full power
and authority to enter into arid perform its obligations under this Agreement and the
transaetions contemplated hereby.
{b) Authori . This Agreement has be�n duly and validly executed and delivered by
Lessee and Developer and constitutes the valid and binding obligation of Lessee and
Developer according to its terms, enforceable against Lessee and Developer except as the
enforcement thereof may be limited by bankniptcy and other laws of general application
relating to creditors' rights or general principles of equity. The execution of this Agreement
by Lessee has been duly auihorized by the appropriate o�cers of Lessee, and na further
action is required for the performance by Lessee of its obligations hereunder.
(e) Cansenb. Except as disclosed in this Agreement, no consent, approval, order,
authorizatior� registratio� declarario� sling, waiver or notice to any govemment entity os
third party is required ar necessary to be obtained by Lessee or Developer in connection
with the execution, delivery and performance of this Agreement.
(d) No Violation. Neither the execution and delivery of this Agreement, the
consummation of the transactions contemplated hereby, the acquisitio� constructioa and
development of the Development Property, nor the fulfillment of or compliance with the
terms and condirions of this Agreement is prevented, limited by or conflict with or result in
a breach o� the tenns, conditions or provisions or any corporate restriction ar any
evidences of indebtedness, ageement or instrument of whatever nature to which either the
Lesses or Developer {or any of them) are now a party or by which it is bound, or
constitutes a default under any of the foregoing.
(e) Ti �,�. Except for any lease of the Development Property to Lessee <or the QrantinQ
association>_ Developer is and shall be the owner of the Development Property. Except for
�
F�O�I N�INTH�OP & WEINSTINE (T�IEa 6. 3' 97 16:521ST. 16:471N0. 4260369226 P 8
nts�tr��tnr-fesp��zv�'�e�.�p ero �re�:-�--- --
{f} Camnliance with Laws. Developer and Lessee shitil operate and maintain the
iVfirumum Improvements in all matecial aspects in accordance with the terms of this
AgrG+esnent, the Deveiopment Ptan amd all agplicable local, state arid federal laws and
regulations (including, but not Limited ta, environmer�tal, zoning, building code and public
heslth laws and regulatiuns).
{g} Permits and Lietns�. Suhject ta Unavoidable Delays, the Developer s�iall obt�un,
in a timely manner, all required permits, reviews, clearances, licenses and approvais, and
w�li meet, in a time]y m�nner, the requirements of al� applicahle ]acai, state and federallaws
and reg�ilations which must be o'btained ar met before the Minimum Improvements may be
1av��fiilly cci=nst�ucted.
�h} C�rst of Minimum Improv�ments. The I�eveloper covenants that the cost of the
Ivtinirnum Isnprovements to be completed on the Devetopment Property shatl be not fess
tEsalt �336_SQO>.
� �..r �,I�t¢1 �centc nr3 aors�.a ti�ut„
undertake the Project within the foreseeable future.
(j) Zanin�. The ' imum Impravements, as of the date of this Agreement, are a
permitted use under the grovisions of the zoning ordinance of the City applicable tc� the
Development Property.
(k) H,�cardous Waste. To the Actual Knowledge of Develaper, �e-as���; urea
form�idehyde, palychlorinated bighenyls, nuclear iuel or materials, chemica2 waste,
radiaactivc materials, explosives, known carcinogens, p�troleum pnoducts or other
gollutants, c�nt�minants, chezr�icals, matzriats or substances defined as "hazardous waste,"
H(1i�[�ll.$'i $L1V$i's�1CC4°an ��hazardous consti�uenr,�� '"solid waste," Oi ��iOX1C SUDStSI1Ce�� �6i1 C!L
the foregoing are referred to col]ectively hereiinaffer as "Ha.u�rdous Materials") the tetease
or disposal of which is regulated by any federal, state or lacal statute, regulation, order,
m;aty, code, publication or ordinance {or any amendment thereto) reiazed to human health
or the at�vironment including, without limitatian, any law, regulation or ordinance
canc�kraing the protection and preservatian of natu=a� resources, azr, water, noise or soil
pollution or cantamination, or Hazardous Materials use, gentratian, s#orage or disposal,
("Enviror�mentat Law"} �re 1Qcateci on„ in, abaut or under the I}eveiogm�nt Pro�erty, and
none of D�velopment Property has ever been utilized for the storage, manufacture, disposal,
hand�ir�g, transportativn ar use af any Flazardous Materials.
(l} M�cter�als Permiis. All permits, lice�nses and similar authorizations and approvals
necessary qr required under all Environmental Laws, including those for any Ha�ardous
Materiais stored, used or manufactured within or an the Development Pro�erty ha.ve been
obtained, are being complied with and are ist full force and effect, and either Developer or
�
FAOM WINTHAOP & WEINSTINE (TUE) 6. 3'97 16:52/ST.16:47/Na,4260369226 P 9
I,essee haa complied with all other reporting, filing and other requirements under the
Enviranmer►ta1 Laws.
(m} No Enviraumental Proceedin�s 4 Develaupr. To ��e Actua] Knowledge of
DevelongL there� are no existing, proposed, threatened, or pending investigations,
administrative proceadings, litigation, regulatory hearings or other actions concerning any
the Development Property and alleging nancompliance with or violation of any
Environmental Law or relating to any required environmenta] perrnits or licenses.
(n) <No �nviro�ent�l Proceedin�s - L.esse� To Le Actual Knowledee of L.ecsee_
j}�ere_ �*e ne iQ in �gnase.d_ tlLreatenad_ or nendinQ inve ' ations_ ministrative
i i h
Develooment Pronertv and alle�ine noncomnliance with or violation af anv Envi.tQnm�nt�l.
Law or relafsng to anv re4uired e vironmental nermits or licenses>
(o) No Eovironment�I Listing 4 Develon r. To the Actual Knowledge of
� _._
Developer_ no> portion of the Development Property is listed in the United States
Environmental Protection Agency's National Priorities List of Hazardous Waste Sites nor
any other list, schedule, tog, inventory or record of hazardous waste si�es maintained by any
federal, state or local agency_
(p) <Nn Envi••enmen� L.ictinQ - L.escee. To the Actual KnawledAe of L_es'see_ no
.r
A�en a Na ional Prioritiec ict of N ardous W,aste Sites nor anv ather L�_ schedule, lolt.
jnventor_v or record of hazardous waste sites maintained bv anv federat_ state _or _ loc
�n�..
(q) o Re :r�ed Tegt'nQ . Develoner. To the Actual KnowledQe o£Develoner_ the
evelo�er h�s not receivg�anv written notific�tion from anv citv, county_ state or feder
Qovernmental authoritv a¢encv or instrumentalitv reqairin� anv work or testin� to�b_e�don�
on or ahout the DeveloRment Prop��.y,>
(r) No Reauired TestinQ _` Lesse� To the
received any written natification from
any city, county, state or federal governmental autisority, agency or instrumentality
requiring any work or testing to bc done on or about the Development Property.
(�} Disclosure. No representation or warranty of Developer or Lessee in ttus
Ag�reement and no statement contained in this Agreement os in any document delivered or
to be delivered pursuant hereto contains or will contain an untrue statement of materia� fact
or ornits or will omit to state any material fact necessary to make the statements herein or
therein contained, in light of the cvcumstances under which made, not misleading; it being
understood that as used in this subparagraph "material" means material to any individual
f!�e� ���A��8�,5�5��.-.d�►��
-7-
FAJM WINTHAOP & WEINSTINE (TUE1 6, 3' 97 16:53/ST, 16;47/N0, 4260369226 P 10
(t} �g, The foregoin,g representadons, warranties and covenants are made by the
Developer and Lesse� with the knowledge and expectation that the City is relying thereon_
(u) Survivai. Ttie foregoing representations, warranties and covener►ts, together with
any and all other representations, wananties and covenants contained in this A�-eement,
shall survive consummation of the transactions cantemplated by this Agreement.
SECTION 3.
�DERTAIaNGS OF CITX AND DEVELOPER
SECTION 3.1. �lace of Document E�ccution, Deliver�r and Recording. Unless
otherwise mutually agre,ed by the City and the Developer, the execution and delivery of all
documents and payraent of any amounts due hereunder shall be madc at the o�ces of the City.
SECITON 3.2. Reimbursable C�st�. Upon issuance of the CertiScate of Comgletion by
the City, the City shall reimburse the Developer for the lesser of {a) adual amount af
Reimbursable Costs (as set forth an Exhibit B actually incurred by the Developer in connection
with the Project or (b} the sum of Three Hundred Thirty-six Thousand �y,e Hundr_ed> and
Od/lOQ Dollars ��33€�88A:AA�<15336_504.00>>. Such reimbursement shali be payable upoa
issuance of the Cercificate of Completion. The Developer agrees to deliver to the City, in
connection with issuance of the Certif cate of Cornpletion, a certificate, in form and substance
acceptable to the City, acknowtedging and warranting the actual amount of Reimbursable Costs
incurred in connection with completion of the Project, along with such supporting documentation
as shall be requested by the City.
SECTION 3.3. Pu61ic Co9t�. The City and the Developer hereby s��es � and
sg�ees � thai the a�istance provided pursuant to this Agreement is intended to reimburse
the Developer for the Reimbursabie Costs (or portions thereo� listed on xhc it B attached
hereta, and that svch assistance is in fwtherance of the purposes of the Developmenc Pian, the
ACt, the TRx Increment Act, and/or necessitated by the unique characteristics of the Developmcnt
Property, �nd/or the topogaphy of the Development Property site.
SECTION 3.4. i i ns to Ci 's R' ment Ob1i ion. ln connection with
delivery of the Ceriificate of Completion and performance by the City with respect to its other
obligations pursuar►t to this A�eement, and as a coadition precedent thereto, the City may, in its
sole discretio�, require the Deveioper to (i) submit evidence of compliance by the Developer with
the terms and conditions of this Agreement, (ii) provide an opinion of counsel acceptable to the
City that the the� financia! assistance
provided hereunder ' pwsuant to the Act and the Tax
Increment Act, and (iri} pay the City's expenses of counsel in coru�ec#ion with the preparatio�
execution, and filing of this Agreement.
-8-
FRO� �I�T��OP &��I�STINE �T�E7 6. 3' 97 16:54IST� 1b:��l�i�, 426�3b922b P 11
SECTIq1Y 4.
�► �' � � � ' �jil�►ii�l )u 1u ' : ! � ul .
S�CTION 4.1. Construction of Minimum Im�covements. The Develaper agrees that it
will construct the M"inimum Improvem{ents an the Deve{opment Property in accordance with the
approved Preliminary DeveJopment Plan.
SECTIQI�i 4.2. Pre]iminarv Develoament Pla�. PriQr to commencemcnt of construction
of the Minimum Tmprovements, the Developer shall submit the Preliminary Development Plan to
the City for spprovai, The Freliminary D�velopment Plan s�sali be cansistent in all respects with
any description of th+� Project pravided to the Council by the Developer in cannection with the
Dev�laper's requ�# for sssistance provided pursuant to this A,geement. The City may reject the
Preliminary Develapment Plen, ar request ch�nnges there�to, in its sc�l� discretion,
(a} Approval of Prclim%, n„ arv De_„_,vcl,o�mcnt Fl�n. The Cit�s performance hereunder is
condi�ioned upon and subject in its entirety to its review aac3 agproval af the Preliminary
Development Plan, and upon compliance by the Developer with all applicable laws and
satisfaction �f a11 City requirements (including planning and zoning, building codes, etc.} for
projects of this nature.
(6) Ch,:nEe� in Plans. If the Developet desites to make any material change in the
Frelim�nary Developmeat Plan, the Developer si3all submit the proposed change to the �ity
for its approvsl. The Developer acla�owledges that upon entering this Ageement, the City
in no way waives its right of fin�] appravai of materials attd submissions reguired herein,
including, but not timited ta, final Construction Plans, and the City expressly reserves its
right to deny approvai of any plans and perrnits shauld the Devcloper fail to proc,eed in
accotdaitce with this Agreement arzzd/or fail to perf`arm in total cc�rnpliance with the
obligations herein and the requirements of the City's Zoning Ordi�ance and City's
Subdivision Ordinance and other applicable City codes and ardinances affecting the
Construction Ptans and/or the Devetopment property.
{c) Efi`ect af Citv App�. Except as specsfica]Iy provided in wn�ing by the City or
any department or offtcial thereof for the agecifiic, limited purgase of such writing, the
approval af the Pretimiriary Development Plan (or any amendments thereta} by the Ciiy or
the Council sha�11 not constitute a representatian or warraniy that such plans, the Minirnum
Impravernents, or the Development Property compiy with any applicable building code,
health or safety regulation„ env�ronmental law, or ather law Qr tegulation, or that the
I�+finimum Improvements will meet the qualifications for issuance pf a certificate of
occupaacy. Approv�l of the Developer's plau�s by the aCity or any department or official
thereof shall n�ot cansEitute a waiver hy the City of any Event of Default occurring
hereunder.
SECTIOI�T 4.3, Comvletion of Construction. Subject to UnaYoidable Dela�ys, the
Developer shail achieve final comptetian of the canstruction of the Muumum Improvements on ar
before er 31>> 1997. All work with respect ta the Iwiinimum Improvement�
�
F��M �YII�THROP & Y'�EINSTiNE �Ti1E� 6. 3' 97 16:5415`�. 16:��71N0. 42643b9226 P�2
a
to be cor�structed or provided by the Developer on thc Developmem Property shall be dane in a
good and warkmar�like manner with quality materials arsd in strict compliance with the Preliminary
Developmerit Fian as submitted by the Developer and approved by the City. Devetoger hereby
,grants the City re�onable access to the Development Properry and the Minimum Improvements.
.
The Develaper agrees for itself, its successars and assigns, and every successar in interest to the
Dev�apment Property, or any part thereof, that the Develoget, and such successors and assi$ns,
sha3.t diligently prosecute to completion the development of the Developrnent Property through
the constiuction of the 14finimum Improvements thereon, and that such canstructian sh�l� in any
event be completed within the period specified in this section. During� wnstruction of the
Mu►imum Impravements, the Developer shati make reparts, in such detail an�i at such times as
may reasc�nably be requested hy the City, as to the actual progress of the Develaper with respect
to such construction. ;
SECTI�N 4.4. Certificate of Camnletian.
(a) Ce ifeate af Citv, The Devetoper will natify the Ciiy when construction of the
Min�mum Improvements has been completed. The City shall have the right, but not the
obiigatior►, to inspect the I3evela,pment Property and/ar #he Minimurri vnprovements ugon
notice of completion from the Developer. Promptly after final completian of the M�nimum
Improvements in accorda�ce with the terms hereaf (including the date for campietian
ther�of}, �j����t y e ects to in�nec�su� �onertv_y after the City's inspection of such
property, the City will furnish the Developer with sn appropriate instrument so certifying
(the "Certificate of Completion"). Issuance of a certificate of occupancy by the City with
respect to the Mnimum Improvemencs shal.i be evidence of wmpletion af canstruction of
the Mwitnum Improvements (but shal! not be conclusive evidence af Develaper°s
compIiance with their obligations hereunder). Deiivery of the Certificate of Completian
shai! not c�c>nstitute a repres+�ntation or wturanty by the Gity that the Development Property
or the IVY'inimum Improvements comply with any applicable building code, health or safety
re�utaii4n, zoning regulatic�n, envirorumental ]aw, that the Nfinimum Improvemenis will
qualify � for a c,�rtificate of occupancy, or that the Iviinimum Improvements wiit meet the
requirements ofT}evaloger or any other user af the Minimum Impravemcnt�,
;
(b) Noticc o� De�',�. If the City shall �reefuse or otherwise be unable ta provide the
CertiScate of Campfetion in accordance with the provisions of this sectiaq the City shall,
within ten {10} days after written request hy the Developer, provide the Developer with a
written statement, indicating in adequate detaii in what respects the Develaper has failed to
cc�mplete the Miaimurn Impravements in accardaace with the pravisions af the Agreement,
or �e � oth�rrwise in defa,ult, and what measures or a�ts witl be necessazy, in the opinian
af the City, far the Developer to take or gerfarm in arder to obtain such certification.
i
SECTI�N 4.5. �,�,�iona Resoaasibilities t�f Deweloper. '
i
(a) Ms�intenan,,,ice„ af Public E�sements. The Devetaper �witl not constnict any
building, structura, ar improvement an, over, or within the boundaiy lines af any pubtic
utility easemeat unlesS such constructian �s provided for in sach easement or has been
-10-
�`�.OM Y���THROP & FYEINSTINE ETiJE} �. 3` �� 1b;551ST. 16:471N0. 4260369226 P 13
appmvod by the utiiity involved.
(b) U#iliiv Inst�llatiog. Deueioper shalt be responsibie far the fi�1i and prampt payment
of all utility access charges with respect to the MuYimum Improvements (including 5AC and
WAC}. Deveioper shaIl further bear the cost af the relocation af arty ++�xxisting public or
private utili�ties which may be causcd or necessitatcd by the consuuction of the Minimurn
improvements.
(c} Re�„�f P�b�ic F�ciiities. Developer shalt, at its soie cost �nd exFrense, replace
any gublic facilities oc public utilities damaged in connection with the cc>nstruction of the
Minimum Impravements in accordance with she technical specifications, stanclards and
practxces af the owner thereof.
SECTION 5.
INSURANCE
SECTION 5.1. Duriag Developmee�� The Devcloper shall provide and maintain at all
times durin,g the process af consttucting the l�nimurn Improvemen#s for tt�e benefit of the
Developer and the City and, from time to tirne at the request of the City, furnish the City with
proaf of payment af premiums on;
(a) Bnilder'a Risk. Builderes risk insurance, written on the so•cailed "Builder's Risk --
Completed Value Basis," in an amount eyual ta one hundred percent (104%) af the
replacement value of the M'uwnum Improvernents as of tha date of completian, and with
coverage availsble in nonreporting form on the so-called "all risk" form of policy.
(b) �n�ral Liabiliri, Comprehensive general liability insurance (including liability
arising from operations, aontingen# liability, operations of subcantra�irs, completed
operations and conuactuat liability insurance) tog�ther with arc Owner's Contrac�o�s Policy
vrith limits agaittst bodily injur3r and graperty damagc af not �ess ti►aa �3,000,040 for each
occurrence (to accomplish the above-requirec� limits, an umbrella excess liability policy may
be used},
(c) Worker's ComDrnsatian. Warkc�s compensatia� insvrance, with statutory
coverage.
SECZTON 5.2. Uther rms. Ali insurance required pursuant to tltis ��+e �stion?
shst� be taken out and mainiained with insvrance co�npanies reasonably acceptable tQ the City and
authori2ed under the laws of the Stat� to assume the risks covered thereby. The Developer will
deliver to the City palicies evidencing all svch insurance, or a certificate or certificates or binders
of the respective insurers stating that such insurance is in fiill farce and effect.
-11-
���� WI�THROP &�EINSTINE �T�E) 6. 3'�� 16:551ST,16;471N�.4260369226 P 14
S�erlox �.
�,�g�i��axs A��sT assz��Err�c � �.xs�R
SECTION 6.1. Ident�D�etoocr. The DeveloPe�' �ec�e ��c�gnit� that, in
view of (a) the impartance of the development af the Developrneat Frope�rty ta the general
wel�fare of the City attd {b) the substantial financir�g and othex public aids that have been made
available by the City far the purpose of making such development possible, the qualifications and
identity ofthe Developer snd the Lessee are c�f particutar cancern to the communiry and the City.
The Developer furthtr rccognizes that it is bccause of such qu�alifications and identity that the City
is entering into the Agreement with the Develager, ar�d, itt sd doing, is further willing to accept
and rely on the obligations of the Developer for the faithful performance of all undertalangs and
covenants hereby by the Developer to be performed.
SECTION b3. Con� e; ces aF Trsi�s,�er For the reasons stated in Section 6.1 {Identity
of Developer) h�rea� the Developer represents and agees that:
{a) lY�u Transfers. Except for Permitted Trar�sfcrs, ar by way af security for, and onSy
for, the putpose of obtainin�g financing to assist ar Enable the Deve�oper to perfarm its
obligations with respe�ct to constructing the Tr+finimum Improvements under the Agreement,
and any ather purpose author�ed by the A.greement, the Developer has �at �nade or
created, and will not make or create or suffer to be made or created, any Transfer of the
Development Prvgerty ar any part thereof ar any interest there�n, or any cantract ar
agce.�snent to do any of the same, for a period uf ten (10) years aRer the date of issuance of
the CertiScate of Completion.
(b} Conse�,uen�es of Trsnsfer. In the evcnt of any Tran�fcr of the Developmant
Property or the Nfinimum Impravements within the ten (14) year period after the date of
issuance af the Certificate of Carnptetion by ihe City, Developer sit�ll refund and return to
the City ,,;�a pr�►rated oortion> �e�-az�et�--of all assistance pravided pursuant to this
Ageement, with interest at the rate of eight percent (8%) ger annum, or sr�ch less�r rate as
permitted by l�w�<„ ba�ed on a fraction Q f,� denominator of which 's_ ten and the
�t.�tatoc of which is the number of ��ar ears v anv_nartiai ,vear from t e. d�.�2�
_� . Y-- - ��—=• ._ ------�..—�
th�a a�eemen t rn �h th� ��f the.,. '�� �� No Transfer of the Develapment
Property shall aperate, iegally or practicatly, to deprive or Iimit the City of or wirh respect
ta aay rights or remeciies or controls provided in ar resulting from the Ageement with
respect to the D►evelopmem Property and the construction of the Minimum Improvements
that the City would have had, had there been no such trazisfer or change. No Trar�sfer sh�li
be deemed to relieve the Deveioper, the Lessee, or any other parry bound in any way b�he
Agreement or otherwise with respect ta the construction of the M'u�imum Improi�: """�nts,
from any of their respective obligatians with respect thereto or from az�y of the�r other
obligations unde� this Agreement.
{c� N�r Restriciion on Sa(e. Nothing 1n this Section shall consfttute a restraint on
alicnatian or prohibitian with respect to the conveyance of the Devel�pment Property.
� � �� -
�`
� � ��--��,�.,�`�� .
-12- S ��,�
F�.0�4 V�INTH�OP & WEII�STIN� �T�E� 6. 3' 9� 16.561ST. 16:4`]1N�. 426036922b P 15
SEG`1ION 6.3. Permitt _ Fina��cinQs. Nothing herein shall prvhibit ar preYent the
Dev�loper from encumbering the Development Property in ordtr to obtain suitable, bona fide
financing in u,nnection with the devetapment, construction, awnership, expansian or restorati�an
of the Development Property or the Minimurn Improvements_
SECTION 6,4. No Assignnne�_�. Except as providead in this �tie3e <��LiQ� this
Agreemerit attd the rights, duties and obligations of the l�eveloper hereunder s��all nat be
assigned, conveyed, or transferred, and any purported transfer in violation of this provision shall
be nu�l, void, and of no effect.
SEG"rION 7.
EVENTS OF DEFAU%.T; RE3��ED� S
SECTION 7.1. Event af D f u1t The term "Event of Defau]t" st�ali mean, whenever it is
used in this Ag�eement<_, the oc one or mQre.�£.sh�,�,o,10 'nQ
��� for ten t2t3) d�vs after wn�en na�, tice is �ra� ed by Citv ta Devel{�,per.at the address li�ted
' Section 8.6(b'f hereat> (unless the cantext otherwise provides}:
(a) Fsrilu of T�meiv Completion. Failure by the Developer to ��bctami v>
complete the 1Nf ttimum Improvements t�n or befare the date specifie�i in Section 4.3
(Completion of Construction) in conformance with the terms, conditions, ar,d limitations of
tius Agreement;
(b} Breach of �I�we3e�� �i�eveiouer> Ob]igations. Failure by the Develoger or
Lessee to observe or perf'orm any covenar�t, condifton, obligation, or agreement an their
parc to be observed os performed ujtder this Agreement
or
{c) B�nkruptcy ot Devdoner. A pekition of, or claim for ralief' in, bankrupt� or
insolvency is fik� pursuant to any curt�ent or fiiture bar�kruptcy �r insolvency laws namiz►g
the Developer, Lessee (or any of them) as debtor, and such petition is not dismissed within
ninety {9t1j days ofthe date of filing thereaf.
SECITON fi.2. Remedies oa DGfat�it. V�he�ever azfy Event of Default occurs, in ariditian
to all oth�:r remedies available to the City at 1aw or in equiry or elsewhere in this A�'eement, the
Ciry may take any one ar rnore of the follawing actions:
{g} Certifea�tc af Comnletion. The City maY withhatd the Gertificate of Completion.
(b} sotn�ion of Perfarmanct. The City may snsgend iis performance under this
Agreement until it receives adequate assurances from D�veloper and Lessee that Developer
or Lesse� will �ure the Everrt of Default and thereafier rer�iain ir► campliancc with their
respective obligations under this ,A.greement and all reiat+ead or collateral agreements with the
�ity.
-13-
F��}� �iINTH�OP &�YEINSTINE (TIJE7 6. 3' 97 1�:5�/ST, 1b:471NQ. 42bQ36922b P 16
{c) Termjn tion of �_m,gnt. The City tnay tenrjinate ihis Agreem�uut, cease any
$nd all perfornlaitce under thus Ageement, and pursue all avsilable rerriedies.
(d) Qih� edies. The City may initiate an action seeking damages, specific
pErfatmarue, or aay othet te�ief available at iaw or in equity,
' nrovide� ho ever �a* ti+e Gitv sh 1 not be�d
,�nder� tec��s o£.thi�.�r�ment fc� anv indirecc c�c�u�n�i�i a���l�.Qf
j�efault b,� Develoner or Lessee�. Ti�e parties hereby agree that all costs, d'vect or indirect,
paid or incurred by the City in connection with this A►greement ar the Project, including
withaut limitation all sums advanced to or for the benefit of the Developer or Lessee
her�der and tize costs of pursuing the City's remedies hereunder, shall constitute darnages
of the City for purpases hereof.
SECITON 7.3. No�,R,emedy Ezcly„ sivg. No remedy hecein conferred upon or reserved ta
the parties is intended t� be e�cclusive of any ather available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in ad.dition to every other remedy ,given under
this Agreement, whether naw ar hereafter easisting at law ar in equity or by statute. No delay or
omission to extrcise any right or powe�r accruing upon any default shall impair any such right or
power or shalt be cnnsirued to be a waiver thereo� but any such right and power rnay be
exercised from time to iime and as often as may be deemecl ea�pedient. In order to entitle the
parties to eacercise any remedy reserved to them, it sh�1i not be necessaty to give notice, other
than such nviice as may he required by this Section ?.
SECTION �.4. No Addi a�n, Waiver Lnnl� _ bv CFne Waiver. In the event any
agr4ement conta�ned in this Agreement shoutd be breached hy either party and thereafter waived
by the ather party, such waiver shall be limited to the particul.ar breach so waived and shail not be
deemed to waive ar►y ather concurrent, previous or subsequent breach hereunder.
sECTTart s.
��F��.,: �,� �.�.�
SECTION 8.2, onflict of Interests: Citv Re�re�entati es ltitot Individu�il, I.i�b�e. No
member, official, or employee of the City shall have any personal interest, direct or indirect, in the
Agreement, nor shatl aaty such member, official, or empiayee participate in any d�cis�on relating to
thc A►greement which affects his persanal interests or the interests of any corporation, partnership,
association or other entity in which he is, directty ar indirectly, interested. No member, affici�,
agent, or employee af the City shall be personally liable to the Develager or Lessee, or any
successor in interest, in the event of any default or breach by the City or far any amount which
may become due to the Devel�per, Lessee, or successor or on any obligations uader the terms of
the A,gteement.
S�CTiON 8.2. 1�ion,=Dis_i,mination. Neither Deveioper nar Lessee shsll discriminate
upon the basis of race, color, creed, se�c, affectatianal preference, age, religion or nationai origin
in the sale, lease, or rental or in the use ar occupancy of xhe Development Praperiy or the
r�'inimum Improvements erected ar ta be esected thereon, or �ny part thereof. 2he provisions of
-14-
F�0�4 �I�TKR�P & WEINSTINE �TIJE} 6. 3' 9`1 16:5�IST. 16:4�/N0. 4260369226 P 17
�Liin�tesota Statytes Section 181.59, which re�ate to civit righiS and non-discrimin�tian, are hereby
adopted and incorporated as part of this Agre�ment as if fully set forth herein.
3ECI'ION 8.3. Equ�l Em_nlav ,ment C1nDo�„�rtuai,ty. Developer agrees, for itself and its
assigns, that during canstructio� af the Muumurn Improvements:
(9} Em�Igyees. Deve2aper wi1� not discrimiaate againsi any ernployve or apglicant far
employment b�+cause of race, color, creed, religion, ancestry, gender, affectational
preferenc�, disabitity, age, maritai status, status with regard ta public assistance, ar nationat
origin (ea�ch such status is refetred to hereinafter as A"Protected Class"}_ Developer wili
take aflirmative action ta ensure that applicants are emplayed, and that employees are
treated during employment, witiiout regard ta membership in any Protected Class.
Develop�r shall fiu�ther abide by all other applicable federa�, state and lacal laws re$arding
equal employment opportunity.
(b) AdvertisinQ, Developer will, in all solicitations or advertisemeats far employees
place�d by or an beha�f af Develaper, state that all qualified applicarrts will receive
consideration for employment without regard to membership in any Protected Class_
(c} Contrn�cts. Developer wilf include the provisions af this Section 8.3 in every
conttact, subcontract and purchase order, so that such provisians wi]i be binding upon eaeh
such contractor, subcontractor, or vendor, as the case may be. Develoger will take such
actian with respect ta any aantract, seabcontract or purchase order as the City may direct or
advise as a means of enforcing such provisians, includin,g sanctions for non-compliance.
SECTION 8.Q. P� ion� No� Mer�ed With .bee�. None of the provisions of this
Agreement are intended to or s��ali be merged by reason of any deed trar�sferzirag any interest in
the Developmer►t Progerty and any such deed shall not be deerned to affect or impair the
grovisions and covetr�ants afthis Agteement.
SECZ`ION 8.5. T'ttes af Sections. Any tit�es, heaciings, or captions of the several .garts and
sections ofthe Agreement are inserted for canvenience af reference only and shal! be disregarded
in canstruiqg or interpreting any af its prov�sions.
SECTI{3N 8.6. Notices And Iier,nat�da. Ea:cept as aiherwise expr�ssly provided in this
Agee�nent, a notice, dema�nd, or othcr communicaxion under the Ageem�nt by any party to azry
ather party s��all be su�ciently given or delivered if it is dispatched by registered or certified mail,
gostage prepaid, return receipt requested, or delivered personally; and
(a) ��. In the case of Lessee, is addressed to ar delivered personally to the Lessee
at:
Brawn Institu�e<I�T�.►? gA:-�e��8
�
�
>
-15-
FROM �YI�THROP &�YEINSTINE �T�1E� 6. 3' 97 16:581�T. 16:471N0. 42b�36922b P 18
(b} Develaa�r. In th� case of Devetoper, �s addressed to or d�liv�red personaliy to
Dcveloper at:
. � �. ' ...�t �.
- -- - - : . f
. . �. � � �: . . �i� • � � t
Meadow Lane North
M'�ttte�tpolis, �eset$ �� 55422-4899
�A'T'1`N• To ander>
(c) C�, In the case af tke City, is addressed to or delivered personally to the City at:
City of Mendota Heights
VictQria CuYve
Mendota �Iei,ghts, Minnesota. 55118
Attn: City Administrator
ar at such otber address ss the City may, fram time #o time designate in writiag and forward tQ
ihe Developer.
SECTI011T 8.7. Indemnification. Develaper and Lesse�e shall cooperate with �he City with
respect to any iitigation comrnenced with respect ta the Develap�ent Flan or the Fraject. Excegt
for any willfiil ar wariton misconduct of the City, its emplayees, Council member�, o�icers or
employees, the Devetoper and Less�e shall jointly and severally, save, h�ald harnzless, and
indennnify the City from and against any and all costs, including reasonable costs of defense
incurred by the City through an attarney of its choosing, with respect ta sny iittgatio» in
connection with the Project ar this Agreement.
(a) Relea4e of Ci��. Developer and Lessee agree, that anything to the contrary herein
notwithstanding, the City and its agents, afficers, Council membcrs, and emg]ayecs shei] not
be liable or respons�ble in any manner to the Developer, I.essee, the Developer's
contractors, suppliers, vendors, materiai men,labarers, lienors, mortgagees, or to any other
person or persons whomsoever, for any claim, demand, damage, cost, or lass of any kind or
character azising out of or by reason of th� execution pf tius Agreement, the trar�sactions
contemplated hercby, the acquisition, conatructior� insiallation, ownership or operation af
the Project, the Minimum Tmprovemenis andlc�r the Development Properiy.
(b) Indem_ ification of CitY. The Deveiaper and Lessee shall jointly and severaliy,
indGmniFy, save and hold �ess the City from and against any and all claims, demands,
actions or causes of action (including specifica2ly, but withaut Iimiting the genetaiity of the
foregoing, the costs of defending ihe same, costs and eacpenses for City administrative time
and labor, costs of engineering and planning services, costs of a�l Iegal services rendered,
direct out-of-pocket expenses incurred in cQnnection with defending such claims, and
amaunts paid as damages or in settlemcnt or compromise of any such action or proceading)
as may be braught against the City far acts or omissiona in any way related to the
-1G-
F�.O�I �YI�TH�4P &�EINSTINE (T�1E7 6. 3' 97 16:581ST. 1b:471N�. 42b03�9226 P 1�
con.titucEion, operat.ian or financing of the Ivfulirnum ImpruYements, andlor the
Devclopm�t Praperty �earclu ' s� an , c„ l�s a' t the Ci b� on anv�ls�r*�o'.�, n bY�
�2t� grro�icie t� increment financinQ io develo�ers andJ�r o ers of �rgnerties other
than the Develonmeat Pro�
(c) Re�mbursement q�', Costs. Developer �nd Lessee shall, jointly and severally,
raunburse the Cifiy for ariy and ail custs and expez�ses, inctudin$ without Iimitation,
attorneys' fees, paid or incuaed by the City in connection with ar relating to erlforcing
perfamiance of {or s�eeking damages for Deveioper's or L�ssee's failure to perform} any
covenent ar obligation of D�,welaper or Lessee under this Agre+�ment.
(d) Hazardons W tc Tndemnity, The indemtufication obligation of Developer and
Lessee s}�alt include, without �imitation, any liability, damages, claims or costs incuned or
asserted against the City relating to the aile,s�ed presence or rolcase of hazardous or toxic
substasices a� under ar ahaut the Develapment Properry.
{e) T x Increment Ind�m�itv. Developer and Lessee shall further save, inde�m�nifY and
hold harmless the City from �nd against any and all costs, damages, liabilities ar
expenditures incuaed by the City pursuant to �1�linnesota Startutes Section �t69.17T�, subd.
3, as a result of the assistance provided to the Developer pursuant to this Agreement.
(� Redurtion ln State Aids. Developet and Lessee shall further sawe, indemnify and
hold harmless the City fram and against atl casts, damages, liabilities or expendi�res
incurred by the City in the event that loca! governmeet aid, homestead and agricultural
cre�it aid or other a.ids or payments to the City fram the State of ��innesota are re�uced
under 1Vfintiesota Statutes, Section 273.1399 or other law.
SEGTiON 8.8. �ovenants af Pd ct�m;,1L A11 covenants, stipulations, promises, agreements
and obligatians of the Csty contairted herein shall be deemed to be the covenants, stigulatiens,
promises, agreements and obligations of the City and not of any Council member, afficer, agern,
servant, emptoyoe, independent contractor, consultant andlor legai caunsel ofthe City.
SECTION 8.4. Gav�e,rnin�,La�. The parties agree ti�ai this Agreement s�ial� be govemed
and construed in accordance with the laws of the State of Minnesota and acknowledge that this
Ageement is the type of agreement deserihed in Miru�esota Statrrtes, Sectior► 469.176, subd. 5.
SECT'IQN 8.1tl. Tiin�e '�s a_f the Ess�nce. Time s]i1a1i be of the essence of this Agreement.
SECITQN 8.11. Co�ntern,�rts. This Agreemerit is executed in any number of
countergarts, each of which shall be an arigi.nal, but all of which sha11 constitute one and tbe same
insuum�nt.
SECTTf�N �.12. Int�r�rtt�tion x�d Serera6iiitY. If any one or morc of the provi�ions,
sentences, phrases ar words of this Agreement or any application thereof shall be held or
determined ta be invalid, i�tegal, ar unenfarceabte in any resgect, the vaiidity, legality, and
enforceability of the remaining provisions, sentences, phrases or wards of this Agreement and any
-1"1-
FB.�� �iI�iTHR�P & WEINSTINE (Ti1E1 6. 3' 97 1b:591ST. 16:4'�1N0. 426�369226 P 20
othet appUcstion ihereof s�tal] in no way be affected or imgaired and sha�I remaizx in full force and
effect.
SECTION 8.13. Successor� �nd Assi�ns. This Agreement is binding on and inures to the
ben�fit of the heirs, successors and assigns of the garties h�reto, grovided, however, that this
Agre�cment may not be assigned by any of the parties hereto e�ccept as specifica]]y provideci herein
Any successar s�ia�t absotutely and uncanditionally assume a�l of the rights, duties and abligations
of their as�ssignee hereunder. 2�s►�withstan�d'n� the forea,��; to the contrarv the ,grovis;o� of
Sectnn b.2tl,1 Qt+sil 1'lQ��j2�� the hal er of anv m��a¢e enc ering the evelot�ment
Pro�ertv or the �aurcb�ser at a for�clos�ir�_e of �y such�mart��a,Q� roY.�g��„ ho�+„� at th�
_ usion_of stach tn�,R3 ees ar .�usch at far�clasure sales s a]1 nat 1imi�,, restti�augl��
the abli�ations of the Dev tc�ner und�said Se��,,��a� under anv, �ir�-�,r� S�ces>
SECTION E.14, Modification/Entire Agreement» This Agreement may not be altered,
modified or amended eucept by an instrument in writing signed by aii of ihe parties hereto. No
persan, wh�ther �r nat an afficer, agent, employee or represent,ative of any party, has made or has
any sutharity to malce for or on behatf af that part}r any agreement, representat'son, warcanty,
statement, promise, arrangement ar understanding not expressly set forth in this Agreement or im
any other document e�ec�t�d by the parties concurrentty herewith ("Para1 Agre�ments"} . This
Agr�.�n,�nt and all other documents eacecuted by the parties concurrently herewith constitute the
entire agreement b�twween the parties and supersede all express or imp]ied, priar os' concurrent,
Paral AgreememEs and prior wntten agreernents with respect to the subject matter hereof. The
parties acknowl�idge that in entering into this Agreement, they have no# reSied and wi]I not in any
way reIy upon ar�y Parc�l Ageements.
SECITON $.15. rvivaL The obligations of the parties hereto shall survive for a period
of ten {lt}) years after the later of �i) the date af issuance of the Certificate of Completion, or {ii}
the date of tecmirr�ation Qf this Agreement by either party hereto.
�i[� . �I � It ! !.!_" � � ! " ' ♦ � " ! ! � /_! ! � • , � .• / � ii
-18•
F�OM �INTH�OP & WE��STINE {T�E} b. 3'97 1�:QO1ST.16:4�IN0.426036922b P 21
IlY y�ESS WHEitEOF, the City has cause� this Ag,reement to be duly eacecuted in its name
and behalf and its seal to be hereu.nto duly afiixed and the Developer and Lessee have caused this
Agreetnem to be duiy +�cecuteti on ar as of the day and year firat ahove written.
CTI'Y:
THE CiTY OF MENDOTA HEIG.�3TS
By
its
DEVELUPER:
MiDRTENSON .��
<PR[)PFRTiF:S_ INC > •
a N�innesata carporation
By
Its
LESSEE:
• ' i I Yi
- ' _ - -- - M �t3 -
•a�• ��
By _ �
Its
s�ri: �►i�a.�
redline af 411 iOCI
FR�4M WINTHAOP & WEINSTINE
,�*I
ITUE) 6. 3' 97 i 7: o0/ST, i 6: 47/Na, 4260369226 P 22
SCHEDULE OF EXFIIBITS
Legal Description of Develogment Property
EXFiIBTT B Reimbursable Casts
F�aM WINTHAOP & WEINSTINE fTUE) 6, 3' 97 17:00/ST, 16;47/No, 42603b9226 P 23
EXHiBIT A
(Legal I3escription}
FROM WINTHROP & WEINSTINE
(TUEi 6. 3' 97 17:00/ST. 16:47/N0, 4260369226 P 24
EXH�1T B
REIl�URSABLE COSTS
Demolition
Site Cleaning
Earthwork
Erosion Control
Earth Retaining System
Storm Sewer System
Lawns
Landscaping
NURP Pond
$ 22,900
17,300
140,100
3,300
62,3U0
19,140
13,300
a2,600
15,600
TOTAL ��336_SQQ
MORT�NSOH
The Construction Organization�
May 6, 1997
Planning Commission and City Council
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Re: Brown Institute, 1440 Northland Drive
Dear Conunissions, Council Members and City Staff:
CORPORATE OFFICES
P.O. Box 710
Minneapolis, Minnesota 55440-0710
700 Meadow Lane North
Minneapolis, Minnesota 55422-4899
Telephone: (612) 522-2100
Facsimile: (612) 287-5430
Enclosed is the informational package for the renovation of 1440 Northland Drive for Brown
Institute.
In working with city staff, we have tried to provide a complete package for your review. I would
like to use this introductory letter to highlight the main issues involved in our application which
are as follows:
• Building modifications being made for the school are generally internal, reconfiguring
office space to classrooms. The exterior changes are limited to signage and expansion
of the parking area. •
• We have configured the new parking area to allow the existing vegetation and contours
to screen the new parking area. We have also configured this parking area to
minunize the number of trees to be removed. Because of the dense vegitat ion, we are
marking on site, those area where trees will be required to be cut so they can be
viewed by city staff, commissions and council members.
• The code required parking is 249 stalls. Based upon school operation, the schools
need is 750 stalls. At the schools present location, they use stalls of 7'- 6" width. To
minimize the paved area, the school intends to use 8' wide parking stalls here. For
proof of parking, the new parking area will provide 678, 9' wide parking stalls. The
schools intended use with 8' wide stalls for 750 parking stalls.
Minneapolis•Seattle •Denver•Colorado Springs•Milwaukee•Grand Rapids•San Diego•San Francisco•Honolulu•Los Angeles
• The property will be resigned for the school with building signs, refacing of the
existing monument sign, and the addition of a pylon sign on Highway 494. All sign
faces will be under 100 sq.ft. and we believe are within the ordinance. They are
provided for your review as part of this submittal. '
�
If you should require additional information or have questions, please call me directly at 287-
5487. �
� ��lY, ,� :
�� %
� /
���� /
Tom Land �
Director of Asset Management
and Development Services
ljc
�
Minneapolis•Seattle•Denver•Colorado Springs•Milwaukee•Grand Rapids•San Diego•San Francisco•Honolulu•Los Angeles
CITY OF MENDOTA HEIGHTS
MEMO
TO: Planning Commission
May 23, 1997
FROM: Kim Blaeser, Senior Secretary -
SUBJECT: Case No. 97-12: Mortenson Properties, Inc.
Attached please find revised site development plans (east and west) for the
Brown Institute site. These plans were submitted on Friday, May 23 at 11:30
a.m. Planner McMongial was informed, by the developer on May 23, that these
revised plans would be submitted for Planning Commission review over the
weekend. In essence, the Planner's report does not reflect any changes in the site
development plans.
Any questions, please give staff a call on Tuesday.
���'�;��sti`.��
��-+fi�
� Ji. � V Y .EL.1� � 11.+14..T tL Ji �L. � iL q�+'
Office of the President
April 24, 1997
To Whom It May Cancern:
Ronald C,�. Andersen
i
Brown Institute is a praprieiary institution of higher education. Brown was
founded in Minneapolis in 1946 as the American Institute of the Air. It is licensed to
operate by the Minrtesota Higher Education Services �Yffice (HESO). �t is natianally
accredited by the Accrediting Commission of Career Schools and Colleges of
Technobgy tACCSCT).
Brown lnstitute offers post-secondary� education in the fields of RadioJTe}evisian
Broadcas#ing, Advertising DesignNisua! Communications, Electranics Technology, �
Business Administration informatian Sys#ems, Computer Programming, Personal
Computers Lacal Area Networks, and Medical Business Clinica! Specialist. Gradua�es
�a� earn either an Associate of Applied Science or a Certificate af Graduation upon
completion of their program.
Current--st�dent pop�tation is 141 � studen#�. An enrollment af app�oximately
178p is expected during Octaber 1997. Most students are from Minnesota, Wisconsin
a�d the upper Midwest. Hawever,- the schooi has �students from 32 di#eFent states a�d
12 foreign natians. To serve the student population Brown Institu#e has 183
e�pioyees. 4f these emplayees 93 are full-time and 9tJ are partftime i�structior�a!
staff.
Mor�i�g� cl�sses sta��between-�h� k�o�ar-�o� �OOAN�and 830A� a�x#-a�e
completed between 1130AM and 120PM depending an the pragram. Afternoan classes
start between��1�200 noon and� 130PM and complete between 430PM and 60pPM.
Evening classes start between 530PM and f00PM and end not later #han 1134PM.
Glasses are offered Monday through Friday forty-eight weeks pe"r year. The schoal, is
generaliy open Saturdays thraugh 200PM for a variety of activities.
;
�
Str�dies have shown schoais such as Brown Institute brings significant, pos�jre
ecanomic impact to a community. This impact generally is estimated at three to four
times the annual revenue of the schooi. The econamic impact o# Brown Instiiute can
therefore be estimated at $35 to $40 million. �
. The�proposed future campus for Brown Institute at the former Cray Research
': fiacility presents an excellent opportunity for Brown Institute to pravicie a dis#inctive,
�� modern campus environment for its students. The physical facility with renovatior�sw�IF
2225 E. L�ke St. Ivtinneapolis, Iv�N 57�07 •{b].2} 721-2481 • FAX {bl2} 721.� 1 l9 • I-8t?0-6 BRC7�'tIN 6
.r
.;
meet the current and fu#ure needs for the educationa! process. In order to adequately
provide fc�r its students, employees and guest's additional parking must be added to the
pa�cing cu�re�tly avaiiabie in order ta pravide at leas� �5E1 parking stails.
Becaus� of the constantly changing student papulation and the increasing
number ofi students comir�g ta Brown��a�stitute form outside the MinneaPoiis-St. �'aui
metropolitan area sufficient signage is required ta allow these visitors to the area easy
iden�ification� of �the school's loca#ion. The school��would� propose #hree-on-building
signs. One wouid be on the fron# fiacade facing the main par3cing 1ot. The other two
would be o� the �wpper ievel of the southwest wirag of the buiiding facing west and
sauth. In addition the schoa( proposes a pylon sign ta be lacated at the southwest
Eomer of�the property to be visible from 1-494 aFld� to� con#inue to use the existing entry
monument sign at the northeast comer of the praperty adjacent to the Northiand Drive
entrance.
Tha��-yo�-�for your ir�terest in Brown Ir�s���#e�. Should further ques#+or�s��a�fse.or I
can be of additional assistance please do not hesitate to contact my affice directly at
�612} 728-3455.
Sincerely,
� ����-�'.�-�--
Ranald G. Andersen
President '
K
MOR��N�ON
�he �onsfracfian �rganizafian (� •
CORPORATE OFFICES
700 Meac�aw Lane iVozt�s
P. O. Box 710 (55440)
!�'iinneapa�is, x�ii�I aa422
Tclepkone: (612) 522-2104
�acsunile: (�12} Jr22-i22s�3
T�:
FAX TR'ANSM�I7TAL
�`over s�eet
5 c.r�'�' �
�.`ompany: "�...� r
�aY: �o �v � -' g �.�,�,
�rom: Tom Lan�.er
�ompany: .N1.A. Mortenson �`omti�v
�a�: �12-522-22�'8
F�ione: 612-522-2100 ext 634 ��or incomnlete iax, asl� �or Lori)
�.e�axt�in� :
Tota�. Pages:
Com.x�n:ents :
T�e Fo�owing;
L�,r�J Lvlt� ��� 1 �
.
� tInc�u�.izzg caver s�eet� �
CZ �Ti.� �e mailer��
o W�II Not (�� ��i%d)
4
, �.> .i� [:> � - c� � � i � I i 7 � � i < < r � c-�
May 199'7 CflNTACT. Ronaid Attdersen
Far Immediate Release � President
' (612) 728-3455
BRUWI'+� INSTITUTE WILL RELClCA�'E TU ACCOMMODATE GROWTH
MIIVNE;AI'OLIS--To meet tha needs of a rapirlly growing student body, Brown Institute
will move into �the fozmer cazporate headquarters of Cray Research located at
1440 North�and T7rive in Mendota Heights. The move is exgected ta be complete and
the schooPs new facilities ready for students by the beginning of falt quarter,
October 20, i 99"].
`�'he Cray building provides an exce]ient teaching enviranment, enhanced student facilities
and a fine campus setting witti raonn to grow,°' said Ronald G. Andersen, president of
Brown Institute. "It will allaw us to continue adding to our student and facu�ty pogulation
and to expand our curriceilum.,,
T�itian will not be increased because of the mave, A.ndersen said.
I
i
T'�e new site as located an 18 aeres and provides more than 95,04(? square feet af office and
classroom space. The new building provides approximately SO percent more space than the
school's cunrent facilities at the comer of Hiawatha Avenue and Lake Street in ��inneapolis.
"Our recent incr�ase in �nrollment has created the need to mave, and our projected growth
has shaped the type of facility we will need ta operate in the future," Andersen said.
- more -
2225 Evst LOK.s StreQt � Mlnnaapalls. MN 55a07 . Tel: fai2.721.2G87 Fox; 6�2.72T.2179 � t.$OO.b BROWN 6
Brown Institute Relocates.../2
"The deczsion to relocate was diffcult. We have been happy with our current facility and
enjoy ouz relationship with Minneapolis," explained Andersen. "Tfie changes and
improvements that are occurring and planned in the Hiawatha/Lake Street azea are very
�
excidng and will have a significan[ impact on the neighborhood — especzally the planned
new YWCA."
Aggressive marketing of the school on a xegional and nationallevel plus new invesrnnent in
school programs have resulted in a remazkable growth in student nnznbers. "Enrollment
was 1,200 students in January 1996, and by January 1997, the student population had
grown to 1,5Q0. Next year at this time, we wouid lika to be serving more than 2,000
students," Andersen said. Unti11996, enrollment had remained at around 1,000 students
for the previous six years.
In anticipaiion of continued gxowth, Brown Institute of.ficials began exploring options for
facility expansion last summer. "We considered adding to the southern� end of our current
,
building," Andersen said. "That would have added approximately 30,000 square feet of
classroom space and would have onIy slightiy improved our pazking situation."
i
"One of our primary criteria for a new site was accessibility," Andersen said. "The new
location had to be easily accessible for our current student population as weli as for futuze
students. Since we know that our highest growth potential is aznong students from out-state
Minnesota, Wisconsin and othez neighboring states, we needed a Iocation equally attractive
to in-town and out-of-town students:'
, {'_
�
Brown lnstitute Relacates...l3
The new property, Iocated near the crossing of I-494 and I-35E, can be reached via the
Pilat Knah Raad and T-494 interchange. The Minnesata River borders the campus on the
west. "The school hopes to arrange Iacal shuttIe service to serve the campus frozn paints
alang the I-494 carrzdor," Andersen said_
While the site search was underway, Brown Institute continued ta invest in classroom
equipment including $1.5 millivn in new computer hardware, softwaze and computerized
broadcasting facilities.
"The quali#y of the education and training pragrams offered by Brown Institute is evaluated
by one simple standard -- that aur graduates obtain erzlplayment within the career field fc►r
which they have been trained," Andersen said. "Holding to this standard has elevated
Brawn Institute to a posztion af excelience and leadershig within the educational
connmunity. Our new facility will enable us to maintain this standard for aur studants znto
tha next centizry with additianal faculty and progxams." �
!
�
Brown Institute, a postsecondary schaal that offers career and technical training, is a
subsidiary of Career Education Corporation of Chicago. In i44fi, Richard and �-Ieien
i
Brown established the school with an emphasis on broadcasting as Tlze American Institute
f
af the Air. Its narane was changed to Brown Institute in 3954. Ti8 Citii�Iit C12IfIGllltiitl4��I'S
�
courses in broadcasting, advertising design, computer networking, computer
a
programtning, electranics technology, infonmation systems, and medical business clinical
specialist.
.�,.,.,z, ...,
MOR�`��T�ON
The C`ansfrucfian �rgarrizafion �
CORPORATE CIFFICES
To:
�`ompany:
�a:�:
700 A$eaclow Lane Norili
P. O. Bax 710 (55440)
Minneapo�is, Vlri oa422
Trelepi�one: (612) 522-2100
C'dC9222llie: {b12} �22-2278
F.AX TR AN5�1.�'I�T'AL
�'aver ��ieet
�xom: Tom Lanc�.er
�ompany. M_�.. NlorEenson �`om��r
�ax: b12-522-�278
P�one: �►12-522-21Q0 e�ct 634 (,�or incom�al� ete �ax� aslz �or Lori�
R.e�ardin� :
rI'ota�. Pa�es:
�omxnents :
�ie �o�.o-win�d:
��"�r� l�LJ�'� ,
�, (Inelu�.ing cover s�zeet�
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❑ Wi� (be mailed�
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,
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City o�
1Viendota Heights
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
Case No.
Date of Appl' ation S G
Ta,�,�1 ord� �d � Sr0 • �—
��� a� ����br�e '�Pr . .
e opmen o enson operties, �nc. 287_��
Applicant Name: PH:
(Last)
(F'us�) (�
Address:700 Mead°W Iane North, Mitmeapolis, N8�1 55422
(Number & S�reet)
(City) (State) (Zip)
Owner Name: Cray Research In�c. c � o Silicon Graphiss !
(Last)
(F'us�)
cMn
Address: 2011 Shoreline Boul.evard, Mozmtain View, CA 94043 — 1309
(Number & Street) (City) (State) . (Zip)
�
Street Location of Properry in Question: 1� ���� �ve, �ota Heights
. �
, �
Legal Description of Property: Lots 3 at�d 4, Block 1 and Outlot A, Inland Industrial
Park, according to the recorded plate thereof, Dakota Cauity, MN
Type of Request:
Rezoning
X Conditional TJse Permit
Conditional Use Permit for P.U.D.
Plan Approval
Comprehensive Plan Amendment
Variance
Subdivision Approva�
Wetlands Permit
Other (attach explanation)
Applicable City Ordinance Number 401 ' Section 4.12
i
Present Zo4�ng. of Propert� I Present Use Office (Vacated 4 � 15 � 96 )
�
Proposed Zoning of Property I Proposed Use Trade School i
i
I hereby declare that ali s'tatements made in this reque and on ditional
materia� are true. ,. ' ,
`( ignature of Appii t�'�s er
516�97
(Date) I7irector of Development for
Mortensan Properties, Inc.
(Received by - Title) ;
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
City of Mendota Heights
Conditional Use Permit Checklist
Date: 5�6�9�
Applicant: Nbrtenson Pro�erties, Inc. For Brawn Institute
Case No:
Relevant OrdinancesJSections: 'nance 1, Sectian, .1
CITY PROCESS
Applications will be scheduled for consideration by the Planning Commission andlor the
City Council only after a11 required materials have been submitted. Late or incomplete
applications will not be put on the agenda.
If proper and complete application materials and supportive documents are submitted by
5 � 6 � 97 (date) then the public hearing or review of your case will be
conducted by the Planning Commission on 5 � 27 � 97 (date). Following
completion of the public hearing, or Planning Commission review, the City Council may
consider your application on 6 � 3 � 97 (date).
APPLICANT REQUIREMENTS
The following materials must be submitted for the application to be considered complete:
X a. Fee: ($350 Normal, $500 for Planned Unit Development)
X b. Completed Application Form
X c. Letter of Intent
X d. Abstract Listing of owners located within 350 feet of property.
All applications for a conditional use permit which are initiated by the petition of the
owner or owners of the property in question shall be filled with the City Clerk no later
than twenty-one (21) days preceding the next regularly scheduled Planning Commission
building.
All applications for a conditional use pernut shall be accompanied by twenty (20) copies of
a set of plans and graphics containing the following information and folded, where
necessary, to the size of eight and one-half by eleven (8 1/2 x 11) inches.
The Site Development Plan shall include:
X 1. Location of all buildings on the properry in question including both e�sting and
proposed structures.
X 2. Location of all adjacent buildings located within three hundred fifty (350) feet of
the exterior boundaries of the property in question.
X 3. Floor area ratio. No change
X 4. Location and number of existing and proposed parking spaces. Existing parking
— 300 to 315, code required 249, proof of parld.ng
X 5. Vehicular circulation. 678 9' stall, use intended 750 8' stalls
X 6. Architectural elevations (type and materials used of all external surface).
X 7. Sewer and water alignment, existing and proposed.
X 8. Location and candle power of all illuminaries.
g 9. Location of all existing easements. Minim�an ligating level 1 to . 75 FC
The Dimension Plan shall include:
X 1. Lot dimensions and area.
X 2. Dimensions of proposed and existing structures.
X 3. "Typical" floor plan and "typical" room plan.
X 4. Setbacks on all buildings located on property in question. No change.
X 5. Proposed setbacks. No Change
The Grading Plan shall� include:
X 1. Existing contour.
X 2. Proposed grading elevations.
X 3. Drainage configuration. �ao copies of the Storm Water Management Report
— have been pravided.
X 4. Storm sewer catch basins and invert elevations.
X 5. Spot elevations.
X 6. Proposed road profile. No Change
2
✓
d
The Landscape Plan sha11 include:
X 1. Location of all existing trees, type, diameter and which trees will be removed. Because of
— dense ur�der—txush, we are maridng areqto be reznoved for parking with colored
�an he sit�e
g 2. �c�cation, �fype an diameter of all proposed plantings.
X 3. Location and material used of all screening devices.
Note: Dated originals plus twenty dated copies of all of the above materials, including this
checklist, must be submitted by noon on the first Tuesday of the month. All materials
larger than 8%" x 11" must be folded to that size.
(Note: Copies of this completed form will be given to both the applicant and the Senior
Secretary.)
Notes:
.�� - � `� QUALITY ABSTRACT, INC.
� 7582 Cunell Boulevard, Suite 112
Woodbury, Minnesota 55125
Phone 739-8597 Fax 739-8492
May 2, 1997
Commercial Partners Title, LLC
330 Second Avenue S. - Suite 820
Minneapolis, MN 55401
Attention: Sheila Schmidt
RE: Abstracter's Certificate
Legal Description: Lots 3 and 4, Block 1; and Outlot A, Inland Industrial Park.
QUALITY ABSTRACT, INC. does hereby certify that it has made a search of the public record in
Dakota County, Minnesota and discloses the apparent owners and addresses of real estate within
a 350 foot radius of the above referenced property and has shown them as Entries No. 1 to 11,
inclusive, on Exhibit "A" attached hereto.
Dated this 30th day of April, 1997.
Quality Abstract, Inc.
A FULL SERVICE ABSTRACT COMPANY
EXHiB�"i' "A°
Owner
Address
1. State of Minnesota
cJo Auditors C}ffice
1590 Highway 55
Hastings, MN 55C133-2343
2. State of Minnesota
c/o Auditors Qffice
1590 Highway 55
Hastings, MN 55033-2343
3. State ofi Minnesota
c/o Auditors Clffice
1590 Highway 55
Hastings, MN 55033-2343
4. Mendota Commercial Assaciation
Limited I'artnership
c/o Weish Cornpany, Inc.
8200 Normandale Blvd. - Suite 200
Minneapalis, MN 55437-1070
5. Mendota Commercial Association
Limited Partnership
c/o Welsh Campany, Inc.
82{}0 Narmandale Blvd. - Suite 200
Minneapofis, MN 55437-1070
6. Mendota Commercial Association
Limited Partnership
c/o Welsh Company, Inc.
8200 Narmandale B1vd. - Suite 200
Minneapolis, MN 55437-1070
Q47081$1
.�
• ..-�� i:. -
10-00400-012-04
Not Assigned
10-00400-011-04
Not Assigned
i 0-00400-015-05
Nat Assigned
27-1 �300-�30-02
Not Assigned
27-16300-020-02
Nat Assigned
27-163Q0-02Q-Q1
Not Assigned
7. CMS Piiot Knob Association
c/o Welsh Company, Inc.
820� Normandale Blvd. - Suite 20C1
Minneapolis, MN 55437-1070
8. CM� Pilot Knob Association
c/o Welsh Company, Inc.
8200 Narmandale Blvd. - Suite 200
Minneapolis, MN 55437-1070
9. Northland Drive Partnership
2506 Northland Drive
St. Paul, MN 55120-10Q5
10. Garven Develapment
7768 78th Street W.
Minneapolis, MN 55439-2520
1'! . Mary L. Tousignant, Trustee
1300 Furlong Avenue
St. Paul, MN 55120-1202 �
Q9748181
27-16300-03C}-01
Nat Assigned
2T-16300-04C}-d1
Nat Assigned
2i-36450-010-42
2506 Northland Drive
Mendota Heights, MN 55118
27-36450-021-01
1450 Northland Drive
Mendota Heights, MN 55118
27-36450-022-01
2515 Northland Drive
Mendota Heights, MN 55118
State of Minnesota
cio Auditors Office
159Q Highway 55
Hastings, MN 55Q33-2343
CMS Pilot Knob Assaciation
c jo Welsh Company, Inc. `
8200 Normandale Btvd. - Suite 2Q0
Minneapolis, MN 55437-�(070
Garven Development
7768 78th Street W.
MinneapoEis, MN 55439-2520
Qs7as1s1
Mendota Commercial Association
Limited Partnership
c/a Welsh Company, lnc.
82Q0 Normandale Blvd. - Suite 200
Minneapolis, MN 55437-1q70
North(and Drive Partnership
2506 Northland Drive
St. Paul, MN 55120-1005
Mary L. Tousignant, Trus#ee
130Q Furlong Avenue
St. Paul, MN 55120-1202
L
�
e
CITY OF MENDOTA HEIGHTS
MEMO
May 30, 1997
To: Mayor and City Council
t�,z
From: Kevin Batchelder, City rrunist or
Subject: NDC4 - Discuss Franchise Renewal
DISCUSSION
Ms. Jodie Miller, NDC4 Executive Director, and Mr. Michael Sokol, citizen
representative, will be present Tuesday evening to discuss with our City Council our ideas
about franchise renewal. NDC4 desires to discuss the expectations of each city that is a
member of the Joint Powers Agreement as they prepare for a formal request to renew the
existing Franchise, which expires in March 2000. (Please see attached letter of request from
Mr. George Tourville, Chair.)
Also attached is an overview of the Joint Powers Agreement and several questions that
NDC4 would like to discuss with the City of Mendota Heights.
ACTION REOUIRED
Discuss franchise renewal with Ms. Miller and Mr. Sokol and provide any appropriate
direction to NDC4, or city staff.
NORTHERN DAKOTA COUNIY CABLE
COMMUNICATIONS COMMISSION
, 5845 Blaine Avenue
�Inver Grove Heights, Minnesota 55076-1401 �p T, �s
612/450-9891 FAX 612/450-9429 TDD 612/552-9675 _���_a� �,dF�;�"
May 15, 1997
The Honorable Charles Mertensotto
Mayor, City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mayor Mertensotto and City Council:
� . - .r �
�iw� � , f. 4:
V y V
y'��G ��' �i.� L'_ _W', '
w�, ��
�r�� �,
The NDC4 Cable Commission expects a formal request under federal law from
Continental Cablevision in the next six months seeking a renewal of the Franchise, which
expires in March 2000. Meanwhile, ContinentaULTS West must announce a buyer for the
NDC system by August 15, 1997.
NDC4 desires to prepare internally for these major Franchise activities by reviewing the
Joint Powers Agreement among the seven Member Cities and discussing the cities'
expectations for the future beyond the year 2000.
Please review the attached overview of the Joint Powers Agreement and respond to the
NDC4 Cable Commission with your city's comments, concerns, or questions.
We need to know your City's intentions to be part of a joint powers agreement for the
future in order to strategize for successful and productive negotiations on behalf of the
Member Cities in the upcoming months. NDC4 Executive Director 7odie Miller is
available to attend a work session or Council meeting at your request.
To meet the expected timeline of Franchise activities in the upcoming months, NDC4
would request your response by June 23, 1997. Thank you.
Sincerely,
�,Q �Wl� �
Georg ourville
NDC4 Cable Commission Chair
encls.
Overview of �Toint Powers A�reement ��IPA� Discussion
Following are items about which the NDC4 Cable Commission has particular interest in
receiving feedback from Member Cities:
� Article I_,�nose; states that NDC4 is responsible to, "... administer renewal
proceedings, draft a franchise ordinance, recommend that each City Council represented
on the Commission grant a standard frcmchise ordinance as drafted by the Commissiort,
and be the entity responsible for the ongoing administration and enforcement of the
franchise. " ' �
The usual procedure for administering renewal proceedings is to conduct a
"community needs assessment" in order to create an objective legal record of the cable
communications needs of the community before entering into negotiations with the cable
operator. The community needs assessment is usually a fairly substantial process involving
gathering information and input from many facets of the community through meetings,
public hearings, focus groups, surveys, etc. The technical aspect of the community needs
assessment often involves reviewing the operator's technical perFormance, and assessing
future technical design, capacity, and functional needs of the cable communications
system.
Although the current JPA authorizes and assigns NDC4 to conduct renewal
proceedings, which will occur during the last three years of the current franchise, it is
critical that the Commission, its staff, legal counsel, and any consultants working on behalf
of the group, as well as the cable operator, have an idea of the future of the group after
the year 2000, and identify on whose behalf the negotiations will take place.
Obviously as the industry consolidates and the players continue to merge and
multiply in size, cities are going to be more successful in negotiating franchises that meet
their needs by joining together, sharing resources and achieving needed leverage through
higher subscriber numbers.
It will be helpful to get direction from member cities and ascertain future plans
from members before NDC4 embarks on the community needs assessment activities.
2.� Article XI., Section 2_ regarding YVithdrawal On or After March 7, 2000, (page 13)
The original JPA contained the six-month notice requirement. Then in 1992/93 the
JPA was amended and all seven cities agreed to commit to the group through Mazch of
2000 (about a seven-year commitment). In March of 2000 the requirement for withdrawal
will revert back to the six-month notice.
Do the member cities feel comfortable with the ability of any member to withdraw
with six months notice, starting in March of 2000? Or do member cities wish to amend
this portion to provide longer time commitments? Some possible options could include: a)
revising the withdrawal section so that members are committed for the first several years
of the renewed franchise, in order to bring stability to the renewal process, perhaps three
to five years, after which the six-month notice again goes into effect, b) lengthening the
notice requirement to provide the group with more time to prepare for a members'
withdrawal, c) setting up the JPA in four or five-year increments in order to provide the
group with known commitments and also provide members with regular opportunities to
consider their membership, d) asking members to commit for the full length of the
page 1 of 2
franchise, which may be a shorter term, possibly eight or ten years as opposed to the
current fifteen years.
3) Article XII. Dissolution
Section 1. Duration, states that NDC4 shall continue indefinitely unless terminated
by a 2/3 vote or withdrawal of four members.
Section 2. Distribution of Assets, only addresses complete dissolution of the
group. There are no provisions in case of one or two or three members withdrawing and
the remainder of the group staying intact. Do the member cities wish to amend the JPA to
include distribution procedures in case of withdrawal of single members?
41 Other: Are there any other sections of the TPA that member cities wish to review or
discuss?
page 2 of 2
• i i i 1 • � i•' '• • ' 1
NORTHERN DAKOTA C4UNTY
CABLE CQMMUNiCAT�ONS �O1UIM1S�tON
The parcies to this Agre�ment aze governmencal units of the State of Minnesota. This
Agreement supersedes any prior Agreemenc beswe�n the parties cavering che estabiishment of a
Cable Communicativns Commission and is made pursuant to �iinnesota S�atutes §23$.08 and
§41 I S9, as aznended.
1. PURPOSE
The general purpose of this A�re�ment is to establish an organizadon ta study cable
communicaaons, develop requests for pmposals, receive applicadons.to provide service from cable
communications companies, seie�t the successful aoolicant, administer renewal proceedin�s, draft
a franc:n.ise ordinance, recommend that eac:� City Council represenr.ed on the Commission grant a
standard franchise ordinanc� as drafted by the Commission, and be the entiry responsible for the
ongaing adminisuation and enfarc�mertt of tfie franchise.
lt. NAME
The name af the organization is che Norrhe:n Dakota Councy Cable Communications
Commission.
tII. DEF��I1TiC�NS
ScCTI�N 1. Def nicions. For purgases of tius Aareement, the tezms defined in this
Article shall have the meanings �iven them.
ScCT10N 2. "Board of Directocs" or " oard" means tt►e governin� oo�y of the
Commission.
1
SECTION 3.
ScCT10N 4.
ScCT1aN 5.
"Commission" means the organization created pursuant to this Agr�ment
"City" or "Cicies" or "Munici�alities" means any city or townslup.
"Director" means a persoa appoinr�d by a member Ciry Council to be one
of its representatives on the Commissioa
ScCTION 6. "Member" or "vtember Vtunici�irv" means a municipaliry which enters
into this A,reemenc and is, at the time involved, a membe: in 000d standin�.
ScCTlON 7. "Eli�ible Memher" means a municipality within the Cable Service
Territory that may, if it so ac�s, adopt this Agreement and b�ome a part of this Commission.
S�CTION 8. "Wei;hted Vo�e" means a vodnQ procedure whereby each member is
entided to cast a number of voces based upon the membe:'s population as it corresponds to
Appendix A of this Agreement based upon each member's populaaon as determined by the most
current survey of the Metropolitan Council.
IV. ELIGIBLE MEMBERS
�
The municipalities of Inver Grove Hei�hts, Lilydale, Mendoca, Mendota Fieighcs, South
Sc. Paul, Sunfish Lake, and West S� Paul are elisibie for membership in the Northem Dakota
County Cable Communications Commission. Othe: municipalities desirine to be: ome members
may be admitted by an affinnadve vote of at Ieast two-thirds (213) of the total eli;ible wei�ated
voces of the Commission and the payment by that municipaliry of such contri�ution as determined
by the Commission to be applicable at the time the me:nber is approved.
V. ASSOC�ATE MEMBERS
S�CT10N �. A�,piication. A governmental unit or subdivision thereof or any school
district or educatioaal institution desirin� to be�ome an associate member may do so in the manner
2
applicabie to becaming a member, exc�pt as otherwise provided in this Articie. The Commissian
may re�ect an agglication for ass�ciaie membezship by a governmentai unit ar its subdivisian.
SECTIdN 2. Asso�iace Director. An associace mem�er may aggoint an assc�ciate
director to the Commission, but this individual shall not have vocing power, shall not be eligible t�
serve as an o�cer, and siiall not be counted for quarum purpases.
SECTION 3. �h ,,��es. The Commission may estabiish the charaes to be paid by
associate members. Such chazges are to be in an amount sufficient to offset any expez�ses incurr�d
by the Commission relating to the associate member.
SECTiON 4. Wichdrawai. An associate member may discondnue its associatzan with
the Commissian at any time by givina thim,r {30) days written natice of iu withcirawal to the
Secretazv af the Commission. Withdrawal shall not reiieve that associate member from its
obliaaaon tct gay any charges which ic has incune� ug to the time of witiidrawal,
VI. DIRECTC�RS
S�CTION 1. OualificationslAPFointme:�c. The Ciry Councii of each member'shalt he
entided to appoint by resolution two (2) directors, at Ieast ane of whom shall be a member af the
Cauncil af that meznicipality and the ather a qaaiifed vacer residina wli�u�2 the mtlrtiC2galiry. When
the Councii of a member agpoin�s its firsr two ciireczors, it shall give notic� vf tiieir aggoinunents to -
the Commisszon. Notic;s sha3l include the name anci maiilin� address of the direczor which shall be
de:med to be the offcial name arzd address of th�c directvr far the gurgose of givin� any notice
required under this Asreemen�
S�CTION 2. Term. Each director shall be appointed for a term of two (2) years. A
director shall serve at the ple�sure of his or he; City Council.
SECTION 3. V�cin�. There shall be no votin� by proxy. All votes must be cast in
person at Commission mertings by the director or dire�tars. Eacc�pt as otherwise provided in this
se�tion. e,�ci� direcsor shaii be enuded ta an� {I) vo�. When vocin; an spe�iai zt�ms. t�'�e tocal
�.
� ',
numbe: of votes of the directors of a member shall be based upon the member's populadon as
de:e:mined by the larest official Metropolitan Council population figures for thac member ciry as it
corresponds to the formula ses forth in ApQendix A attached to this Agre�menc. For purposes of
this section, speciai items are defined to be: approval oi the needs assessment report, approval of
the request for proposals and the preliminary franchise ordinance, selection of the cable
communicadons company, and approval of the draft final franchise ordinanc� to be re�ommended
to member cities. Each director o� each member city shall be enatled to cast one-half (1/2) of the
weishced votes of that city on the special items. In the absenc� of one director of a ciry from a
me�sine, che director of that ciry that is present may cast all of the weishced votes of that member
city on special icems. A director shall not be eli�ible co vote on behalf of his or her member
municipaiity durin� the time that said municipalicy is in default on any concribution or payment to
the Commission.
SECTION 4. Compensacion. Directors shall serve without compensation from the
Commission, but this shall noc prevenc a member from comgensadnQ its directors if compe.�sation
by that member is otherwise authorized by law.
V11. OF�ICERS
ScCT(ON t. j�Tumher/EIection. The officers of the Commission shall consist of a
Chair, a Vice Chair�, a Secretary, and a Treasurer, all of whom shall be elected at the annual
me�un4 of the Commission held in Febcvary of each year. New o�ce:s shall take offics at the
adjournment of the annual me�tin; of the Commission at which they are elected. Only directors
of the.Commission are eli�ible co serve as officers.
ScCTiON 2. �hair/Vice Chair. The Chair may preside at all m�sin�s of the Board and
Executive Committer and shall gerform all duties incidenc to the office of Chair, and such other
dudes as may be delegated by the Commission. The Vicr Chair shall act as Chair in the absence of
the Chair.
4
G
ScCT10N 3. �ecretarv. The Secresary shall be responsible for ke�ping a record of all
of the proc;rdin�s of the Commission and Eze�utive Committer. The Se�retary shall send written
nodce and material pertainin, to agsnda iteras and m�:in; minutes to each director, and the most
current draft of the last meeting minutes and proposed nezt meeting agenda to each city
adminiscrator, at le,ast five (5)' days prior to che mee�n�s. �
S�CT10N 4. Tressurer. The Treasurer shall have custody of the Commission's funds,
shall pay its bills, shall ke�p its financial records, and ;enerally conduct the financial affairs of the
Commission and such other matters as shall be delegated by the Commission. Orders, checks, and
drafts of the Commission shall require two (�) siQnatures consistino of either the Treasurer and
Chair of the Commission, or one of them and any one (1) othe: Executive Committee officer. In
conducung the Commission's financial afiairs, the Treasure: shall, at all dmes, act in accordanc�
wich �enerally accepced accoundn; principles. The Treasurer snall post a f deliry bond or other
insurance in an amount approved by�the_Commission. The Commission shall bear the cost of the
bond or insuranc�.
ScCT10N 5. Exe:ucive Commitr.e�. There snall be an Ex�utive Committ� which shall
consist of the four (4) offic�rs and one (1) other dir�tor ele�;ed by the Commission. To the eztent
specifically dele�ated by the By-Laws ot�resoiution of the Commission, the Execudve Committer
shall have the authoriry to manaQe the business of the Commission durina incervals betwern
me�sin�s of the Commission, but ac all times is subje�t to the concrol and direction of the
Commission. Tne Executive Committe� shall mee: at the call of the Chair or upon the call of two
(2) direccors of the Executive Committee. Tiie dace and place of the me�tines shall be fixed by the
pe:son or persons calling it Ac leasr forcy-ei;hc (48) hours in advanc� wricten noace, deposited in
the mail, of thac me�sin� shall be Qivea co all members of tfie Execuave Commicte� by the person or
pe:sons callin; the meeting, however, nocice may be waived by any or aIl membe� who actually
attend che me�tings or who have given written waiver of such nouce for a specified me�sin;. A
permanent record of all re;ular and special zx�udve commiae� m�tin�s shall be kepc
5
Vltl. ME�TINGS
ScCTlON t. v- w. The Commission sball adopt By-Laws, consisteat with the
provisions of this Agre�ment, oovernin; its proc�dures including time, place, nodc� requirements,
and frequency of its regular meetings, the procedure for callin, special meednas and other matters
as are required by this Agr�ment
The Commission may amend the By-Laws from time to ame. T'he
Commission shall take no action to amend the By-Laws without ten (10) days priorwritten notic�
to each director. An ar�nendment to the By-Laws shall be Filed with each member and said By-
Laws shall not be effecdve as amended until the sevente�nth (17th) day followin; the filin� of said
amendment with the members. An amended By-Law shall be dermed to have b�n filed on the day
said By-Law is either delivered co the cicy offices of the membe: or deposited in a Uniced States
mailbox in an envelope addressed to the city offices of the membe:.
SE�TION 2. Vocin;�0uorum. Tne presence of seven (7) dire: tors shall consutute a
quorum of che Commission and a majoricy of direetors apQoinced to the Execuave Commirce� shall
constitute a quorum for a meetin� of the Execudve Committe�. No business shall be conducted
wichout a quorum. linless ocherwise provided in this Aare�menc, no action shall be taken uniess a
quorum is present and the action is voted for by a majoriry of the �otal votes cast by the directors
present and vodns ac the commission meetin;, or by a majority of the Exe�utive Committe� at its
merdngs, except that in both instances, less than a majority may adjourn a m�tin;.
!X. POWERS, RIGHTS, AND DUTIES OF THE COMM(SSION
ScCTiON 1. Franchisin� .4uch�Rcv_. The membe: municipalities shall retain their
franchisin, authoricy co the exteat that sucn authority is noc dele�ace� to the Commission in this
Agre�men� No part of this A;reament is incended to bind a member municipality beyond the
expiracion of the currenc existing franchise on March 7, 2000, provided that such member
municipaliry wiciidr�ws pursuant to Articie XI. Secrion 2.
0
ScCT1oN 2. Authoritv. The Commission shall study cable communications, develop a
request� for proposals, review apQiications to provide service from cable communications
companies, select che succ:ssful applicanc, administer renewal proc�edings, draft a franchise
ordinance, and recommend that each ciry council represented on the Commission grant a standazd
franchise ordinanc� as drafted by the Commission. The Commission shall be the entity
responsible for the ongoin; administradon and enforcement of the franchises.
The Commission may do aIl things reasonably necrssary and proper to the
implemencadon of its powers and duties, includin� those powers set forth in this Article. As part
of this process, the Commission shall se�k input from all membe: municipalities and communicate
the pro�ress of the Commision to each member ciry on a monthly basis.
S�CTION 3. Ne�ds Assessmenc. The Commission, at its discrecion, shall-compile,
make publicly available, and approve a Ne�ds Assessment Report Tne approval of the Ne�ds
Assessmenc Report shall be by at rea�t a two-chirds (213) vote of the total euaible weignted voces.
Votes si�all be taken uncii the Ne�ds��►ssessmenc Reporc is prope:Iy approved or until the m�ting is
adjourned, in which case the Commission may schedule and hold additional me�tinas to approve
the Ner�s Assessmenc Reporc.
ScCT10N 4. Hearin� on Policv Decisions. T"ne Commission shall hold a public
.
hearin�, affordin� reasonable nodca and a reasonable opportunity to be heard, on aII policy
decisions made for the re�uest for proposals and the preliminary franchise ordinanc�. A request
for proQosais and a preliminary franchise ordinance will be prepared followin` this hearin; based
on the palicy d�ision and commenrs received.
S�CT10N 5. Request f�r Pr�p�sals. The adoption of the request for proposals by the
Commission, shail be by a� Ieast a two-thirds (?13) voce of the tocal elisible wei�hced votes. Votes
shall be cakea undl the re�uest For proposals is prope:ly adopced. The Commission may scheriule
and hold addiaonal me�sings to adoQc a r�quest for proposals.
7
ScCT10N 6. BDvticacion Proc�dures. After adopaon of the request for proposals and
pceiiminary ordinance, the Commission shall do alI thin�s nec:ssazy to solicit proposals and
estabiish che necessary aoplicadon and review proc�dures to insure a reasonable opporcuniry for all
incerested parties to make proposals and have them evaivated in a fair manne: and consistenc with
rhe needs of the member municipaliaes.
ScCT10N 7. T�_PS1g�ation of Com��. Afte: receipt and review of aIl proQosais
submicted to the Commission by the cable communicadons companies, che Commission shall sele�t
by resolution, after a public hearina, one (1) cable communicacions company to which member
cities may �rant a franchise. The adopdon of �he resoluaon shall be by ac least a two-thirds (213)
vote of the total elisible weishced voces. Votes shall be taken undl a cable communications
company is so selected or unal the hearin� is adjourned, in whicn case the Commission may
schedule and hold additional m�cin�s to sele:t a company.
SECTION 8. Adopcion �PRe��mmended Franchise Ordinanc�. Tne Commission shall
prepare, adop� and recommend a sample ordinance orantin; one (1) cable communications
company a single non-exclusive cable communicaaons franchise (hereinafter "franchise
ordinanc�") to construct, maintain, ope:ate, or manage a cable communications system
encompassing all of che terricory of the members. Tne adopaon of the recommended franchise
ordinanc� shall be afte: a public hearin` by an affirmadve voce of ac Ieast two-thirds (J3) of the
tocai elisible weishted votes. Votes sha11 be caken uncil the recommende� francizise ordinanca is so
adopted or until the hearin; is adjourned, in which case the Commission may schedule and hold
addidonal meedn;s co adopc the re�ommende� franchise ordinance. In the event the franchise
ordinance is not adopced, the Commission may prompdy resume the franchisin� process at any
point in the process as desermined by the Commission.
E3
ScCT10N 9. Administration/E�foresment. The Commission shall administer and
enforc� the cable communicadons franci�ise ordinanc� or it may delegate the francizise ordinanc�
enforc�ment and adminisu�adon to ics me:nbers, for which servic� the Commission shall pay or
reimburse its members.
ScCT1oN �o. Race�s. To the extenc allowable unde: fede:al and stace law, the
Commission shall approve chanQes in ra�es char;ed by the cable communications company. The
Commission shall notify each member of che proposed changes in rates chaz�ed subscribers at Ieast
forry-five (45) days prior to a hearin; on the issue.
ScCTtON � 1. Contracts. The Commission may mak� such concracts as are reasonably
necessary to accomplish rhe purposes of che Commission, includin�, but not limited to, a contract
to transie: responsibility for the provision of public ac�r�ss from the cable operator to any other
enary, wichin ics sole discretion.
S��TiON Z2. Consuitants. Tne Commission rriay re:ain the services of te�aaical
consultancs and le�al counsel to advise.ic in accompiis�in� the purposes of the Commission. Tlze
Commission shall issue a request for proposals (RFP) for attorney servic�s for a term of two (2)
years commencinQ January I, 1994, and each even-endin� year thereafter, provided, however, the
Commission's Iegal counsel shall serve at the pleasure of the Commission.
ScCT10N 13. Advisorv Committe�s. The Commission may appoint an advisory
commicte� to make recommendarions to ic on cabie communications. The ducies of such
commicters sha11 be ses forth by the Commissioa
-SECTION �4. Gif�S/Grancs_ The Commission raay acceot �ifts, apply for and use grants
and may ence: into a�re�men�s required in conn�tion the:ewith, and may hold, use, and dispose of
money or prope: cy r�c�ived as a �ift or granc in accordane� wich the ce:ms thereof.
0
SECTSQN 15. � PalSiativ� ACi2vt�Li�S. The Commission may submit written comments on
rules, regulaaons, ar Iegisiado�n re�arding cable communicadans proposed by or befor� the Federal
Communications Commission, oche: re�ulatory aseacies, the Minnesoca Le�islacure, or any other
szate or federal body. The Commission may also direci its representacives to appear and tesufy on
cable communications before any gaverzunental body. •
SeCT10N 16. Investi;ation. With the apQrqval af a majocity of the Commission,
directors may be autilorized to invesd�ate the operation af cabie communicadans systems in other
ciaes in Min.nesota ar e�sewhere, and the expenses of travelin; and subsistence of directors in
making any such invesu�adon shali be borne by the Cammissioa
ScCT10N t?. Och�r �cti�ns. TPte Commission may exercise any other gower necrs.�ry
and incidental to the implemen�adon of ics gowers and ducies as set fonh in Artzcle L
SECTiC?N Z 8. Oth�c Laws and Re;uiati�n . Tnis Aereement, all Commission activides,
and any franc;�ise ordinance adopced or franchise �ranced by the member municipalities shall be
subjecc to all Iocal, srace, and fede:al laws and re�ulations.
ScCT10N �9. C�nfiicc Resoluti_on. In the event of an unresolvable dispute betwe�n a
member municipalzry and the �rante� of any franchise �ranted pursuant to this A�reement, the
Commissi�n shall act as an appeal board and use its best effarrs ta assist in the resolution af the
dispute.
Sc�Tit�N 20. Fub�i�aciorttEffec�ive Dace. 'Ihe frartchise orciinanc� recommended by the
Commissior� shali be sent to the member municipa�ities for their adoption. The recommended
franchise ordinance, if adogced, shall be executed and pualished accordina to the requiremencs of
each member murucipality.
X. Fi1VANCiAL MATTERS
ScCTtqN t. �iscai Year. Tne fjscai ye�ar of the Cammission is the caiendar year.
�.
ScCT10N 2. Budget Proc�ss. Each year the Commission shall prepare an annual
bud�et which shall be approved by the membe: cities. The Commission's annual operating
expenses, inciuding the perc�ntage of franchise fers required to be paid to the membe: cities, shall
noc exce�d the franchise fe�s and oche: revenues collecced by the Commission. However, any
revenues obtained from ordinance amendments, varianc:s, or other extraordinary items, shall not
be considered part of the annual bud�et unless apQroved by the Commission. Franchise fees
received by the Commission durino the budget period which aze in exc�ss oi che amount needed
to fund the annual budges shall be redistributed to the exisuna member ciaes that are in good
standina. Tiie amoun� to be distributed to the member cicy shall be desermined accordin; to the
percentage of total franchise fers �ene:ated in the member city on a pro-rata basis. The annual
bud�e: shall be submitted to the memoer city councils on or before Au�ust 1 of each year. No
bud�e: shall be�ome effective unless aoproved by resoluuon of at least six-sevenths (6/7) of the
membe: ciry councils. Tne propos�d.bud�et raust be approved by each membe: city council within
fomr-five (45} days after its submission to the membe: municipalities. A municipaliry havin; an
objection to the Commission's proposed budset shall submit any such obje: tion in writin� to the
Commission within tile forry-five (45) day period, and failure to do so shali be dermed a positive
vote for the proposed budae�
S�CT10N 3. Ezpenditures. The Commission may expend its funds as it de�ms
necessary and appropriate pursuant to this A�re�men� Orders, checks, and drafts of the
Commission shall require two signacures coasisting oE eicher the Treasurer and Chair of the
Commission, or one of them and any one othe: Ex�utive Committe� membe:.
S�CT1oN a. AnnuaI .qudit. The Commission's financial books and records shall be
audiced on or before May 1, or at sucn other times as the Commission may direct, by an
independent audicor desi`nated and aoproved by the Commission. The result of the audit shall be
reported to the members. The Commission's books and records shall be available for and open to
examinarion by thC memb�rs and the general public at reasonable times.
.�,
11
�
ScCT10N 5. Franchise Fees. The franchise ordinanc� adopced by the member
municipalities shall provide thac the Commission snall collect all franc:�ise fers paid by the cable
communications company. The followin; perceat of franciuse fers derived from each city
based upon their tocal number of cable subscribers shall be paid by the Commission to that Ciry
each year: 1993 and 1994 - ten percent (10%) distributed to each member municipaliry based upon
their total numbe: of cable subscribers. Provided, howeve:, that che 1993 paymenc to the Ciaes is
condidonal and may be heid in escrow by the Commission untii February of 1994, and then paid to
the Cides if no unforese�n operadonal expenses are incurred by the Commission in 1993, requiring
the Commission's resenaon of said monies for said expenses. For the years 1995 through 1999 -
fifteen percent (15%) of the franchise fers derived from each cicy shall be paid by the Commission
to the member municipalides based upon their tocal number of cable subscribe:s. The above
distribucions to the member municipaiides shall be made on an annual basis within sixty (60)
ealendar days of che fourch (4th) quarcer franchise fe� paymenc made by the cable eompany to the
Commission and based upon cable comQany subscriber numbers desermined each Dec�mber.
The narrowcastin; settlement monies received annually by the
Commission in the years 1993, 1994, and 1995, shall be used by the Commission, within iu sole
discresion, for cable-related capital improvemencs and replac; menrs within the cides of Inver Grove
Hei�hts, Mendoca Hei;hts, South Sc. Paul, and West St. Paul, on an equal basis, with
consideration aiven to monies already spenc from the narrowcastinQ sestlement in West SG Paul,
South S� Paul, and Inver Grove Hei`hcs. Funire conside:ation will be givett ce�az'd'utg ailocaaon
of additional funds for these purposes co �he cides of Lilydale, Mendoca. and Sunfish Lake.
ScCT1oN 6. Annual Rep�rt. Tne Commission shall submic co che ciry council of each
member an Annual ReporG This report shall contain the results of the annual audi� a summary of
the past year's acuvicies, and a discussion of the Commission's pians for the coming year. The
repore si�all be submicted to che city council of e�ch member on or before Auaust 1 of each year.
12
XI. WiTHDRAWAL
ScCTtt�N 1, Withd awat Priar to ;tifar�;� j. 2{�tX}. No member manici�aliry shali be
permitted to withdraw from this Agr��menc durin� che term af the current�y eziszzn; franchiss
ordinance with a cable commanicaaons campany until after the franchis�s' expiration on March 'T,
200Q. No part aE this Agreement is intended tc� binci a member municipality beyond the expiratian
of the current existing franchise on Mazch '7, 2400, provided that such member municigalzty
withdraws pursuan,t to Anicle �, Section 2.
ScCTiON 2, wichdraWal-On c�r A�cer Marc:� "�. 2(XN�. A member may withdraw fram
the Commisszan effective �Iarch �, 2000, by �ivin� to the Chair of the Commission a cercified
copy of the resolution of its ci.ty council indicatin� its inteat to withdraw from [he Commission.
Such aatic� must be given to the Chair of the Commission by 3uae 1, I999 to be effective.
Tlzer��fte:. suc% notic� must be aivea by Iune I o� the year af withdrawal to be effe�uve. lipon
recvipc oi the resc�Iucion, the Chair of the Comrr�ission shaii farwazd a copy af tiie resolution to
each of the direcu�rs, ?he notice to withdraw shalt become effe: tive the followin� December 3I.
Xii. DtSSOC.UTION
ScCTIbN Z. j 1 ra���g�f the Cc�mmissic�n. The Commissioa shaii continue for an
indefznice te:m, Tlze Cammisszon shatl be terminaze� by mutuai a�re�:rtent by two-thir�s (213) af
the memixr municipaiities or,�after Marc:� 7. 24{}4, ii four (4} oi the mem�ers wichdraw.
ScCT1�N 2. L?istri�ucic�n �f As�ets, ligan dissalucion of the Commission, all
remaininQ asse:s of the Commission, after paymenc oi obli�ations, shall be distributed amonQ the
membe:s in proportion to their contrzbutions and in ac�ordancs with proces3ures established by the
Commission. The Commission shall cortanue to exist afte: dissolucion for such geriod, no lon�er
than six (b) monchs, as is ne��ssary to wind up its affairs, but for no orher purpose.
I3
SeCTiON 3. Effectiveness of Ordinance_ after DissolLtion. The franchise ordinanc�
shall provide thac upon the dissolution of che Commission by operaaon of stace or federal law, the
ordinance shall remain effective and enforceable by each individual membe: within its territorial
Iimits.
XI11. EFFECTIVE DATE
SECTION �. Execution of A;c�menc A municipality may enter inco this agre�ment by
resoluaon of ics council and the authorized execudon of a copy of this Agreement by ics authorized
officers. Whereupon, the clerk or ocher appropriate officer of that municipality shall f�Ie a duly
executed copy of this AQreemenc to�ether witii a cercified copy of the authorizins resoluaon with
the Commission. The resolution auchorizin� the execuaon of the A�reement shall also designate
the directors for that municipality, alona witlz the directors' addresses and teleohone numbers.
SECT1oN 2. E�feccive Dace. This AQre�ment is effective on the date whez exe: uted
and the authorizing resolutions of seven (7) of the municipalities named in Article N of this
A�reemenc have f�Ied as provided in this Arcicle.
S�CT10N 3. Previous A;re�menc Sunerseded. This Agre�ment, when effective,
supe:sedes alI previous aQre�ments beswe�n the membe:s hereto establishing a joint cable
communicadons commission.
IN WITNESS WHEREOF, the unde:si`ned municipalities have caused this A�erment to
be si�ned on their benalf.
� • ��
_ �. _.,._.. .. __ . �
, � its: Manager/Clerk
J
I4
C1TY aF INVER GAOVE HEIGiiTS
8I50 Baroara Avenue
Inver Grove HeiDhcs, Minnesota 55077
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ClTY OF LlLYDALE
855 Sibley Memarial H
Lilydale, �%i�nesoca SS
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ClTY OF MENDOTA
Mendoca Citv Hall
Mendaca, Minnesota Sa 150
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15
C�TY OF MENDQTA HEIGHTS
1 l0I Viczoria Curve
Mendata Hei_hrs. Minnesota SSIIB
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CiTY QF SOUTH ST. PAUI.
I25 Tnzrd Avenue Norch
Sauth S�. Paui, Minnesota SS0�5
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CiTY UF SiJNFiSH LAKE
2{335 Charitan Road
Sunf�sh Lake, Minnesota 5� 1 I8
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C�TY OF WEST ST. PAUL
1616 Humboidt Avenue
West S� Paul, Minneso /�55�.
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B �-�"' L' J� �� . f-�y^�'�;;'"" �
�ins: May�or � _:
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APPENDIX A
AMENDED JOINT AND COOPERATIYE AGREEMENT
Popuiatio� of Member Citv Votes Pet Citv
0 - 4,999 1
5,000 - 9,999
10,000 - 14,999
15,Q00 - 19,999
20,Q00 - 24,999
25,000 - 29,999
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3
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To:
From:
Subject:
CITY OF MENDOTA HEIGHTS
Mayor and City Council
Adminis at�
Kevin Batchelder, City
MEMO
May 30, 1997
Planning Case No. 97-09: George's Golf Tee
Reconsideration of Tax Increment Financing
DISCUSSION
At the May 20, 1997 City Council meeting, Mr. Martin Coyne, of AMB, formally
withdrew the Opus application for the redevelopment of the George's Golf Tee site. The
proposal to construct a single story 150,491 ft.2 office-warehouse required the City Council to
authorize a building permit and to grant a sixteen foot (16') rear yard setback variance, as well
as, consider a request for Tax Increment financing.
Since their formal withdrawal of the project at the May 20, 1997 meeting,
representatives of Ameritech have been in discussion with Mayor Mertensotto to attempt to
construct their Tax Increment request in a fashion that is consistent with the City's past
practices. The basis of this reconsideration is the City's past practices on allowing transfers of
title following the development of a TIF assisted project.
Mr. Martin Coyne, of AMB, has proposed that their request be altered to be consistent
with a prior TIF approval granted to United Properties in their development of the VGC office-
warehouse. To be consistent with the prior precedent set on the VGC development, Ameritech
would have to be the developer of the project and a one-time transfer to the actual owner,
AMB Real Estate Trust, would be allowed on a tum key basis. (Please see attached letter of
proposal from Mr. Martin Coyne, dated May 29, 1997.)
This proposal is based on an increase in the up front portion of TIF from $114,500 to
$250,000 to cover soil correction costs and would eliminate any Pay-as-you-Go TIF, thereby,
reducing the total TIF assistance from $500,000 to $250,000. The building that is proposed to
be built is unchanged from the previous plans that have been represented to the City, and any
approvals should be conditioned on adherence to those plans that are on file with the City.
ACTION REOUII2ED
Council should discuss a reconsideration of the proposed development with the
Ameritech representatives. If the City Council so desires, they should direct the City staff and
City Attorney to prepare the appropriate Developer's Agreement. If the City Council so
desires, they should pass a motion to approve Resolution No. 97-_, A RESOLUTION
GRANTING A BUILDING PERMIT AND A VARIANCE OF SIXTEEN FEE TO THE
REAR YARD SETBACK FOR AN OFFICE/WAREHOUSE DEVELOPMENT AT
GEORGE' S GOLF TEE.
11AY-30-97 FRI 07�32
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AMB 1NSTITUTIONnC REat.TY ADV(SORS, INC
May 29,1997
Mr. Kevin Batchelder, City �dminisfra�or
Mr. Larry Shaughnessy, City Treasurer
Mr. Patrick Hollister, Admin�,traiive Assistant
City of Mendota Hei�hts '
1102 Victoria Curve
Mendota Heigttts, MN 551IS
RE: AMERTI'ECH PENSION TRUST
REIlEVELOPMENT OF GEORGE'S GC)LF TEE
MENDOTA HEIGH?5 GATEWAY COMMONS
Gentlemen:
F�
t�'�.C;
5���`�7
Please accept this letter as a format request by represenEatives �PT Mendota Hei?hts; Inc., a Delaware
Corporati�n (a subsidiary• of AmeritEch P���sion I'rust} to appear again before Ehe Mendota Hei�hts City Council at
their June 3, i997 meeiing to di�cuss the proposed development of the George's GoIf Tee: As you lmow, I withdrew
thc appIication. for this project after the trazisfer of ownership proy-isions of the Tax Increment Financing ap,peared
to be an obstacle that could not be o�ercame. We have since investigatcd the matter fuither and would like to
tesubmii for Council approtia].. �
APT's proposal for this project would include the following recision from pre�-ious submi.ssions:
1. AT''T Mend�ta Hei,q,hts, Ittc., a Delaware Corporation (a su�bsidiary of Ameritech Pe � sion Trust}, would act a5
the deveIaper of the groject on behalf af �e acival Owncr Ai�IB Real fistate T=ust. �APT Mendota Heights, Inc.
w ould develop the project on a tum key basis for ?�MB Real Estate Trust. I
2. The proposed $385500 pay as you go portion of the TIF would be eliminated while incrcasing Ehe up front
portion of TIF from $I14,504 ta �25U,000 to cover soil conection. �lte aet resu}.t tivould be a decrea5e in iotal TIF
from $500,000 to $250,000. �
As preriously discussed, we would .(ilce to request a v�riance from th.e 50' rear yard building setback to a11ow a 34'
setback per the plans previousl� submitied. Assuaiing the City Councii approves the project w-ith the requestec!
�ariartce and tax ulcrement financing, we would like the Council to d'uect the citv staff to prepaze the necessary
documeniation which would allow th� project to pzoceed as saon as possible. �
Please feel free to call in the event you have a�1y quest�ons or commeitts. In the meantzme, we Iook fozw ard to
appearin� before the City of Mendota Heigh#s Caiy Council on June 3,1997.
Ihank you for your time and consideration.
Sincerely,
AMB INSTITUTIONAL REALTX ADViSO1ZS, IlUC.,
as 9gent for �neritech Pension Trust
Martin J. Cayne
Vice President
�05 tilonLc��*+rrv Snnxt San Francisco, G\ 941ll T:1 �i> >94 9000 Fss sti ,i74 )OOl
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, NIINNESOTA
RESOLUTION NO. 97-
A RE50LUTION GRANTING A BUII�DING PERMIT
AND A VARIANCE OF SIXTEEN FEET .
TO THE REAR YARD SETBACK FOR AN OFFICE/WAREHOUSE
DEVELOPMENT AT GEORGE'S GOLF TEE
WHEREAS, Mr. Cook and Mr. Bangasser representing Opus and AMB have
requested a Building Pernut and a 16' rear yard setback Variance which would allow the
construction of an offce-warehouse development on a pazcel west of and adjacent to
Highway 55 at the site formerly known as George's Golf Tee, all as proposed on plans
and documents on file in Planning Case No. 97-09 and listed in Exhibit A attached to this
Resolution; and
WHEREAS, the City Council first discussed this application at their regularly
scheduled meeting on April 1, 1997 and decided to solicit input from the Planning
Commission; and
WHEREAS, the Planning Commission of the City of Mendota Heights met to
discuss this application at their Apri129, 1997 meeting; and
WHEREAS, The Planning Commission voted 7-0 on Apri129, 1997 to advise the
City Council that said application conforms to the Zoning Ordinance in all aspects; and
WHEREAS, The City Council has since determined at their regularly scheduled
meeting on May 6, 1997, that the office/warehouse building as proposed would need a 16'
rear yard setback Variance.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a 16' rear yard setback Variance which would allow the
construction of an office-warehouse development at George's Golf Tee shall be granted
and that the Code Enforcement office shall be authorized to issue a building permit all as
proposed on plans and documents on file in Planning Case No. 97-09 and listed in E�ibit
A attached to this Resolution subject to the following conditions:
1. That the Developer and the City draft and adopt a Developer's Agreement regulating
issues including but not limited to Tax Increment Finance participation on the part of
the City of Mendota Heights. �
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2. That neither the mere passage of this Resolution nor the mere execution of the
aforementioned Developer's Agreement constitute prior approval of any structural
modifications or resubdivision of land which would legally or physically join this parcel
or building to any adjacent parcel or building. Such pernussion must be applied for
separately by the Developer at such time as the Developer desires to make this change,
and may be denied, approved, or approved with conditions by the Council at that time.
. ,
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that the proposed Building Permit and 16' reaz yard setback Variance which
would allow the construction of an office-wazehouse development at George's,Golf Tee,
all as proposed on plans and documents on file in Planning Case No. 97-09 and listed in
Exhibit A attached to this Resolution under the conditions described above will have no
adverse impact on the health, safety or general welfare of the citizens of the community
and the sunounding 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 3rd day of 7une, 1997.
ATTEST:
By
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
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Charles E. Mertensotto, Mayor '
DRAWINGS/MAPS
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3/25/97:
3/25/97:
4/17/97:
4/17/97:
4/17/97:
4/17/97:
4/17/97:
4/17/97:
4/17/97:
E�BIT A
Color Site Plan by OPUS
Color Elevations by OPUS
T1 Title Sheet by OPUS �
AS-1 Site Plan by OPUS
A3 E�rterior Elevations by OPUS
A1 Floor Plan by OPUS
Ll Planting Plan by OPUS
ES-1 Electrical Site Plan by OPUS
(no number) Grading, Utility, and Erosion Control Plan by OPUS
OTHER DOCUMENTS
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3/26/97:
4/7/97:
4/17/97:
4/18/97:
4/24/97:
4/30/97:
5/9/97:
5/14/97:
5/29/97:
Letter from OPUS to the City of Mendota �Ieights
Letter from AMB to the City of Mendota Heights
Letter from OPUS to the City of Mendota Heights
Letter of Intent from OPUS to the City of Mendota Heights
TIF Request from OPUS to the City of Mendota Heights
Letter from OPUS to the City of Mendota Heights
Geotechnical Evaluation by Braun Intertec Corporation
Letter from OPUS to the City of Mendota Heights
Letter from AMB to the City of Mendota Heights
CITY OF MENDOTA HEIGHTS
May 30, 1997
TO: Mayor, City Council and City Administrator
FROM: James E. Danielson, Public Works Dire o
SUBJECT: Old Fire Hall Site
DISCUSSION:
At the May 20th City Council meeting, Council reviewed ongoing concerns with the
upkeep and trespassing at the Old Fire Hall Site. As a first step toward addressing the
trespassing problem, Council considered a proposal to install a 5' high chain link fence along
the south lot line. The abutting neighbors from both the north and the south side of the site
were in attendance at the meeting to discuss the issue with Council. Mr. Cliff Kirchner is the
owner of the business property located on the south side and Mrs. Laurita Weinzettel is the
owner of a single family home on the north. �
;
Council delayed taking any action on installing a fence for two weeks in order to allow
time for me to meet with Mr. Kirchner to discuss his side of the issue. I met with Mr.
,
Kirchner on May 30th at which time he made the following comments: ,
Landscape Business '.
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R.L. Reynolds owns the landscape business that rents space from Mr. Kirchner. Mr.
Reynolds has been a tenant in the building for over 11 years. Mr. Reynolds only utilizes the
building in the summer. After Mr. Kirchner became aware of the.trespassing concerns, he
asked that Mr. Reynolds no longer use the City land for parking, and Mr. Reynolds has
complied with that request. Mr. Reynolds can utilize his rental area without use of the City
property, except that he needs some space on the blacktop area at the bottom of the slope, to
maneuver in and out of his area with his trailers. �
,
Mr. Kirchner stated that he needs to keep the landscape business as a tenant and asks
that he be allowed to use a portion of the lower area of the Old City Fire Hall parking lot for
his tenant to use to maneuver in and out of his space. He points out that the Weinzettel's share
a driveway with the City on the north side of the site. He also informed me that years ago,
when the City's Public Works Department operated out of the lower level of the Fire Hall, the
City used his land for parking snowplows and trailers.
Fence
Although Mr. Kirchner would prefer that the City not install a fence along his north lot
line, he could live with it. If it is not installed, he would promise to work•w�ith his tenant to
continue to keep vehicles off the City's lot. The landscape company would continue however,
to use the lower lot for maneuvering in and out of their space. If the fence is installed Mr.
Kirchner asks that a maneuvering space be provided for on the lower parking lot area to be
used exclusively for access in and out of the lower area of his site.
Underground Tanks
Mr. Kirchner removed the underground fuel storage tanks from his site 5 years ago.
He is cunently working with the MPCA to complete the fmal tests so that the site can be
declared clean and closed out. He has scheduled tests for the middle of June this year.
No Parking Signs
Mr. Kirchner would prefer that fencing and "No Parking" signs not be installed at the
front of the Fire Hall Site. He points out that he and his tenants seldom use the area for
parking, but on occasion it is needed. He also stated that the area has been used by the general
public as parking for large events at the Park (4th of July) and at the new Fire Hall. He and
MnDOT also need the area for snow storage in the winter.
Acquisition
Mr. Kirchner is not opposed to entering into negotiations with the City for acquisition
of his property as long as the acquisition would also include relocation of his auto repair
business. The earliest he would be interested in being acquired and relocated would be this
fall.
Long-Time Tax Payer
Mr. Kirchner informed me that he has been a long-time resident (737 Cheyenne Lane),
businessman (he currently operates the auto repair business at the site) and taxpayer in
Mendota Heights.
Sod
I have asked Marc Mogan to include within the Friendly Hills resodding bids a bid to
add topsoil and sod the Old Fire Hall Site. Those bids will be available on Tuesday evening.
ACTION REOUIRED:
Meet with the two landowners that own property adjacent to the Old Fire Hall Site and
determine a course of action.
CITY OF MENDOTA HEIGHTS
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May 30, 1997
TO: Ma or Ci Council and Ci Ad�ator
y , � , �
FROM: Marc S. 1Vlogan, P. E. , Civil Engineer M 5M
SUBrTECT: Sod Replacement - Friendly Hills Improvement Project
7ob No. 9221, Improvement No. 92, Project No. 6
DISCUSSION•
Bill (7ohn) Burke, of 707 Decorah Lane, appeared before City Council on May
6, 1997 to request that the City replace dead boulevard sod that was installed in the fall
of 1995 and 1996 throughout the Friendly Hills Street Reconstruction project. Council
directed staff to investigate and quantify the extent of this problem, and present Council
with a course of action on this issue.
There are several locations throughout the project where it is obvious that the
sod has not survived for whatever reason. The situation is not universal, and many
times it varies between adjacent properties. The level of care given the new sod varied
considerably from resident to resident, but was not always the determining factor in the
success, or failure of sod establishment as claimed by some of the residents. I will not
speculate any further on possible causes, or attempt to assess any blame for the
situation we are experiencing, because at this point it serves no useful purpose.
The Engineering Department has inspected the neighborhood and estimated that
aaywhere from 1,400 and 2,500 square yards of sod are affected to some extent, and
might qualify for replacement depending on the criteria which might be established.
The size of these areas vary within a range of from 5 to 100 square yards.
The problem with this whole issue is attempting to establish which areas should
be repaired, and where this work should terminate. In most cases it is readily apparent
where the sod was originally placed. What is difficult to decide, is judging whether
certain areas should be repaired at all. There are some properties whose lawns have
not been maintained, and I do not feel it should be the City's responsibility to initiate
work at additional expense only to suffer the possible same end result. Under these
circumstances, I believe it would be reasonable and appropriate to require that the
property owner assume a certain level of responsibility for any sod repair work which
the City might perform under this program.
The property owner should be willing to accept the following conditions about
any sod which would be replaced under this p1an:
1. Sod replacement would not occur outside of the limits of the original work.
2. Existing boulevard grades would not be changed or adjusted.
3. The match line where new sod meets established sod will be constructed
with equipment and methods standard to the industry. .
4. No topsoil would be bmught in, on which new sod would be placed.
(Any existing soil which can retai.n moisture is suitable)
5. Soil preparation prior to the placement of replaced sod would be performed
in conformance with typical industry practice.
6. This will be the last time this issue is considered by the City.
7. It shall be the homeowners responsibilty to water replaced sod.
It is not feasible, or practical for the Contractor to water and maintain small
isolated sod repairs duri.ng the sod establishment period. Consequently, that is why I
have stipulated that the properiy owner assume all watering responsibilities for replaced
sod. Watering is the most important aspect in a plan such as this. It would not be
prudent for the City to begin a program such as this without some assurance that the
property owner would uphold their responsibility in this matter. As a gesture of good
faith, I would suggest that Council require that the homeowner escrow a nominal fixed
dollar amount with the City, say $50, prior to initiating any work on a particular
property. This money would be refunded to the property owner at some future date
(e.g. September 15, 199'n if the sod is established and growing, or it would be
forfeited by the property owner if it had not survived.
RECONIlVIENDATION•
I recommend that Council consider the information I have presented, and the
concerns expressed by some of the residents of the Friendly Hills neighborhood and
determine a course of action.
ACTION REOUIRID•
If Council concurs with this recommendation and determines that some remedial
work is appropriate, they should authorize and direct staff to proceed with the
replacement of sod within the Friendly Hills neighborhood by accepting a sod quote
from a Contractor which should be available for consideration at the Council meeting.
Council should also decide whether notifications should be sent only to those property
owners affected, or if all property owners withia the project area should be notified.
MSM
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CITY OF MENDOTA HEIGHTS
MEMO
7une 3, 1997
TO:
FROM:
SUB7ECT:
Mayor, City Council, and City Administrator
Marc S. Mogan, Civil Engineer MgM
Friendly Hills Sod Repairs and Fire Hall Site Restoration
Job No. 9221, Improvement No. 92, Project No. 6
DISCUSSION:
The bids for work in the Friendly Hills neighborhood are based on an estimated
2,500 square yards of sod replacement. The Old Fire Hall site restoration bid amount
includes 900 square yards of sod with 4" of topsoil. Quotes were received through
Tuesday, June 3, for sod repa.irs in Friendly Hills and restoration of the Old Fire Hall site,
and the results are as follows:
NAME OF BIDDER
LaPointe Landscaping
Roseville, NIN
Bleaser Landscape
Mendota Heights, MN
7irik Sod Farm, Inc.
Farmington, MN
Magnuson Sod
Richfield, MN
Engineer's Estimate
FRIENDLY HILLS
BID AMOUNT
$8,750.00
$10,000.00
$12,500.00
$16,250.00
$10,000.00
OLD FIRE HALL
BID AMOUNT
$2,925.00
$3, 800.00
$3,750.00
$4, 800.00
$3,150.00
LaPointe Landscape performed sod restoration with very good success on the
Curley's Valley View Street Reconstruction project.
!�
RECOMMENDATION•
I recommend that Council consider the information presented, and if the
determination is made that some remedial work is appropriate, they should authorize
and direct staff to proceed with the replacement of sod within the Friendly Hills
neighborhaod, and on the Old Fire Hall Site by accepting a sod quote to complete this
work in accordance with the conditions as stated in my May 30, 1997 memo.
ACTION REQUIRED:
If Council concurs with this recommendation they should authorize and direct
staff to proceed with the replacement of sod within the Friendly Hills neighborhood and
restoration of the Old Fire Hall site by accepti.ng the quote from LaPointe Landscaping,
and determine a policy for notification of the property owners within Friendly Hills.
MSM
June 1, 1997
To Whom it May Cancem:
Because we are out of town for the councii meeting that wiil consider the Friendly Hills
stree# improvements and the sod that was laid, we have written this letter ta be read by
aur neighbor, Bii( Burke. . •
As yau consider this issue, please know that we have been very unhappy with the sod
that was laid. We have weeds that we never had before the improvements were made
and the sod just never really toak. It was Iaid without considering what they were
(aying it on (gravel & rock). It has been a huge disappointment to us and we feel that
Mendota Heights shauld have done better. We live right on the corner af the park and
it is not a welcoming sight.
I was speakirg with a neighbor just down the street fram us and was #o!d that when
they complained right away, the city replaced their sod twice. For those of us who tried
to give it a chance and still had no luck, I think that we have a right to equal
consideration,
We are hoping that you will help us in this matter. If it were your yard, yau wauld want
the help. We are not in a financial position to afford professionals to attend to our yard
and since we are paying far these improvements, please help us finish the job in the
way it was intended to look.
Thank yau.
` � c��
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nis and Mark Aune
7Q8 Decorah Lane
June 2, 1997
Dear Gouncil members,
I would like to add my voice to the other Friendly
Hills residents wha saq they received a shaddy sodding
job. I am sending a capy of my water bill from last
summer to indicate to you some of the effort I exerted
to keep my baulevard green. Watering the new sod caused
the bill to be excessively high, Some patches of grass
turned brown right away.
As I tald the Pubiic Works Department last year,
the quality of the sod was verq poor. At that time I
was toI@ - most of the regorted camplaiats abaut the
street project were abaut the sod. My response was -
that shouid tell yau something. We certainly did nat
get our monep's worth, and I think the city should do
something abont it.
Sincerely,
��� � ^
Darlene Melquis
�
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' ' Retain this portion of the bill fo� your records �
� 5°/a Late Chacge will be addect 30 days after Bili Date
Saint Paui Water Utiliiy
8 �4th SY�. Ste 204
Saint Paui MN;55101-t00T
Service Address: 2250 APACHE ST . Bill Date: October 9, 1996
Account Number. 50002574-0 Due Date: October 23, 1996
�
METER READINGS
Current 9/30/1996
Previous / /1
i uiai �v aays
Prior Period 99 days
Last Year 90 days
Beginning Balance
ass CURRENT CHARGES
� unns . Watcr
TOTAL WATER
18 units
16 ur,�cs Mendota Heights Surcharge
See reverse side for explanation of 5% Late Charge.
It is now possible to have your water bill paid directly
fram your bank account. For further information call
customer service at the numbers listed below.
MISCELLANEOUS CHARGES
Safe Drinking Water Act Fee
TOTAL MISCELLANEOUS
TOTAL AMOUNT DUE
� ��
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$ 112.70
11.27 -� -
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Moving? Please call us TWO weeks in advance ��
Customer Service: 266-6350
TDD hearing impaired:. 266-6299
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CITY OF MENDOTA HEIGHTS
MEMO
June 3, 1997
To: Mayor and City Council
���
From: Kevin Batchelder, City Administrator
Subject: Enterprise Rent-a-Car
DISCUSSION
Mayor Mertensotto has agreed to allow United Properties on this evening's agenda as
an add-on item for the City Council to discuss as a land use in the City's Industrial park. Mr.
Dale Glowa, United Properties, is asking Council to consider allowing an automobile storage
lot as a Conditional Use in the "I" - Industrial Park district. (Please see attached letter of
request and map.)
Enterprise rent-a-car is considering leasing space in United Properties proposed Phase
II building in Enterprise Corporate Center. Phase I was constructed in 1996 and the proposed
Phase II building would be located at the Enterprise Drive and Pilot Knob intersection.
Enterprise rent-a-car desires to have their automobile storage lot across Pilot Knob Road on
what is referred to as the Bradner Smith site. (Please see attached map.)
An automobile storage lot is not listed as a permitted or conditional use in the City's
zoning ordinance for the "I" - Industrial District. However, the "I" - Industrial District does
list the following uses as conditional uses in Section 19.2(4):
Airports, truck and freight terminals, team tracks and open sales lot.
Mr. Glowa would like City Council to consider whether automobile storage lots could
be considered a Conditional Use under Section 19.2(4), or lacking this interpretation of the
Ordinance, whether the ordinance could be amended to allow automobile storage lots as a
Conditional Use in the "I" - Industrial District.
ACTION REOUIRED
Consider the request by Mr. Dale Glowa and provide direction on whether United
Properties should proceed with a Conditional Use Permit application for an automobile storage
lot.
., ���r,� :
1.• t; {. ,:
. �i� , •.' -
�.. ,
�.;, .
: �-
� . .
June 2, 1997
Mr. Kevin I�. Datche(der
City Administr�tor
City o(�Mendot� Heiglus �
1101 Victoriu Curve
MendotR I�leights, MN 55 i 18
Subject: Enterpri�e rcnt-a-car
Dear Kevin:
As re�uested, I am forwarding a summsry of aur reguest that the City consider altowing � CoRditic�nai
Use 1'erm it for �nterprise rent-a-car to devetop an automobile starage lat in Mendota Heights.
Enterpri�e rent-a-car is the iargest car rental company in the Il�yited St$tes. Ti�ey Are cansidering
reloc�ting their rn�ional iteadqusrters int� the pr�pc�sed E�hase ti af our Enterprise Corgorate Cent�r
project at the comer o€ �nterpr`tse Drive and PilflC Knc�b R+�ad an a l 0 year le�se. Along witl�e tl�is
ret�t�irement, they desire to construct sn outdoor sarface parking lot across Pilot I,'.nob Road, just narth c�t'
Dakatn 8usinc:ss Ceater.
Enterprise wi3l stare a maximum t�f hU4 ce�s frt�m whicl3 tliey sic�ck tE�eir ret�il autlets locaced ch�oughflut
the Twin Gities. Tliey alsa sell vehicles to dealcrs from this lacation. ']'his facility will be landscaped,
inelt�ding eartl� l�erms alon�; Pilt�i Knob Ro�d, which substantielly screens all views of ihis lat from Pilot
Knnb Itoad, No hui{dings are plannect to !�c coiistructed on this properiy. AIo securily fencing, excepi far
as� entry �atc, is deemed neccssary at this timc, wbich is parc of th� appenl flf this location. We thiak
that this is an ideal use far this sit� directly 6eiow the sirpart ilighE path.
We are seeking s response from tl�e City Caunci! whether or not we should spend timc trying to get this
developinent into the City af Mendota Heights. We have met with Staffand the City Aianner about this
r�quest. We believe that erticle 19.2.4 af tite zoning ordinance is most applicable. Hawever, if yau do
not agree, Pcrhaps the ellowable conditional uses could ho changeci to accammodnte this specific use.
We respectfiilly request your encouragernent ro proceed with our efforts.
Sincerely,
E�.��.!/�,�/„ �^,.,-,
�ri. �.�
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SCTtiC}t VICC �C@SiCleTli
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- °' "`MA[17 OPPICC_`.�%SO SOUT�t PLAZA DRIVE MEfiDOTA I"ICI��ITS. MIY SSLZO-ISBG (6 ) 452-1320 Ai�~(sli� �i$i-�i6rJ1''±<,'�y".�a
- 7une 2 1997.� � } �;- • - - ;;..�-=��
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' + � Mr.�.Charles Mertensotto � � , g '' i � � "" �"`�
A� .. � � �.;:� -r� :..
� , �; � ��"f h i f Mendota Hei hts ` � - � . �° �' � � `�•
.. -; �- �. Mayor o t e C ty �o g � _ � � U�i � ,� �.��]� � �:� -� r�.:,,
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�: . �r';� - - ;'� 1101 Victoria Curve � � . ° ' - - �� • �-� �:=`�, •
, ��,,. �r�_ � ,... .. . . -- . . . ,... ,,, ; . � _.,.._�
�:+` - � � NlendotaHeight's, MN 55118 _ . �- _..,w,,, ���� "t, '-'�'�T.
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� ' . ' Re: . Change from Kasota Stone to Rock Face Block . -- . . - .� Y _ _ y��`��
-� � � .a
.. `� _ - yv . _� ` :.._ .' _ _ • . .. � . •� _ _ . . „ ' , _ �+1*_
. " - Dear Honorable Mayor; � �� . . � " " { � ;� : , � - �' �� �' �� �t �. _ �; .. �
' ; ' .. , � • �- - � � -• Y • i _ � - ,: ' � - • ' �. - �' , �.. ;; ��. _ - � :, .� �` � 'r '- � .r - iY . , • 1� ` ;r_.,�, .
.. ;�j.- '=Following the approval for the construction ofthe-new Dakota Bank building located near City :•��� `
.- � ,=` Hall at the southeast quadrant of Le�cington_and Hwy 110,'we have completed analysis on'part of �;�--'-�� �;"","-
Y �. . _ v .'� ' ', r..` �; `� -
-."� the construction costs,'which includes using the approved Kasota stone on the bank building. �=-w�,s.=_ :;,e �;,-
.. . . ` � . . ' '!�.!4-..�� x:
. . ' . � .. -^ ' ` iT . 4 ^ ' F �".� J.�:r'. ,.."':.
• T't 4�
. After a thorough reyiewefrom �our general construction company (ECI Constructiori Company, ,�:"ti �'=��; °;�::,
-- Inc.) it was their recommendation; of which we approved, to change the Kasota stone to rock- ..� °: ;��. ': �-'� �:�: �
, face block due to the following �conditions: _ � . ' � � . ' ' �� _' ,
• � 3 _. ", • .�` . .r. ^ �y � • y i _
. " 1. _ - Savings iri excess of $45,000 � _ . , ._ � ' °^ :' . _ � ,- -_
. .. . - • . . . -.� . . � • .. _. • • . - � - , a�_ _ . , • ;. �
_ �- . . . . � ; � .
� ,� � .. 2. -` . ,. The esthetic appeaI will not be �diminished, in our opinion. -� -= _ :r��� " _ • � k� "
. - _ _ , . . .. . - : .; � .. .. - � • � . -� - �" �; �. : �
^ ' � `� ~ , • ' ...�• ...,� , ,. � � � ... ` . ' '' r�N f i :' . ...
, This decision had to be made weeks ago_due to other related construction decisions. -..� :- ��. �. _. �•-
� Mr. Mayor, following your review of this letter and the attached exhibit (a letter from our�general �.
contractor discussing the cost comparison), I would be happy to answer any questions you or the ��
. ' - council may have. Feel free to contact me at 452-1320. ' ` � � . � ' '�: �
. _ , . - .
", I also want to extend our appreciation for you and your councils efforts in what we feel will be a��' :
�. very positive change in a blighted area of the city. We are very excited about the move and look '
forward to a completion date in late fall. �. `' �`
,_ . �
- _ Best Regar ,
���
7ohn P. Seidel
President
Lrvex Geove Hewms Oer[ct
7055 Cana� Ave.
InveR GRove Hewms, MIY 55076-2501
(612) 455-2900
FAX (612) 455-8955
Eaann Oe�ce
, 2109 Cuer Aonn
Eaa�n, MIY 55 1 2 2-30 0 1
(612) 454-4840
FAX (612) 454-1354
8
;-
a
Pnat.en Orr�cE
1425 MnRw�no Ave. E.
ST Pntn., MCi 55 1 0 6-280 0
, (612) 7749531
FAX (612) 7749536
e
fitcm.nrm Orrtcx
2310 Wesr Sevemr SrReer
Sr Pnui., Mn 551 16-2824
(612) 696-0255
FAX (612) 696-9263
ECl BUILDING CONTRACTORS �
1355 Mendota Heights Rd, Suite 180, Mendota Heights, MI`I 55120-1112
612-452-0555 Fax 612-452-0556 '
June �, 1997
John Seidei
Dakota Bank
7�0 South Plaza Drive
�tendota Heights, l�In » I20-1 � 86
Re: Dakota Bank
Vlendota Heights, vIn
Dear John,
Confirrnin� my nhone conversarion �7th you, if you want Kasota Stone with a stone or
grecast cap in lieu of the rock face block tivith block cap; please �dd �56;380.Q4 to our
contract with you.
If you ha�e any questions please feel fre� to contact me.
Sincerely,
GL
a�r��� Grell
President
L:DG\j�
Old World Quality EC� New World TechRology —
An Equal OppoRunity Employer
CITY OF MENDOTA HEIGHTS
u I �����7
May 28, 1997
�
TO: .; Mayor, City Council and City Adminis a�
FROM: Patrick C: Hollister, Administrative Assistant
SUB7ECT: Draft Cellular/PCS Ordinance
Discussion
At the 7oint City CounciUPlanning Commission Cellular-PCS Workshop on April 19, 1997
the Council directed Staffto amend the draft ordinance provided that morning based upon
their comments and present the new draft to the Planning Commission for review before
proceeding to the Council.
At the May 27, 1997 meeting of the Planning Commission, the Commission discussed the
attached draft Cellular/PCS Ordinance and made specific and general comments for
revision. Staffhas incorporated the specific suggestions in the attached draft. The
following comments of a more general nature were not specifically incorporated into the
attached draft in order to provide an opportunity for feedback from the City Council:
Commissioner Tilsen notes that many cellular and PCS antennae are now
"camouflaged" to look like trees, church crosses, etc. Other antennae could be
mounted onto and blend in with telephone poles, light poles, etc. Commissioner Tilsen
feels that many of the requirements imposed by this draft Ordinance should be waived
if the applicant and the City can come to an agreement on such a"stealth" design.
Commissioner Tilsen would like to see a definition of "stealth design" added to the
Ordinance and exception provisions for such a design inserted throughout the
ordinance.
2. Commissioner Duggan is concerned that more applicants will wish to be on our water
tower than can be accommodated by the water tower. Commissioner Duggan wants
to know what should happen if an applicant wants to be on the water tower and there
is no more room.
3. Commissioner Betlej feels that either the Ordinance should be more specific about the
exact shade of "eggshell" color, or Staff should have a color sample available at City
Hall for applicants to match.
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4. Commissioners Tilsen and Dwyer wish to see a setback restriction in addition to a
height restriction. (Actually, since the permissible height of the tower is determined by
how far it is from the nearest property line, the setback of the tower is conversely
determined by its height. Therefore as currently construed in this draft, a height
restriction and a setback restriction are the same thing!) Commissioner Tilsen felt that
the setback for any free-standing tower from the nearest residential property should be
the height of the tower and that the setback from the nearest residential structure
should be twice the height of the tower. �
5. Commissioner Betlej is concerned that Section 21.6(8)k would allow an unscrupulous
service provider to place a banner or sign on their antenna for 30 days before
removing it.
6. Commissioner Betlej would like to see a municipal licensing requirement for all
cellular and PCS service providers within the City. Commissioner Betlej feels that this
would give the City the ability to shut down the provider for any violation.
7. Commissioner Tilsen said that the City should consider some sort of interFerence
insurance policy.
All other suggestions have been incorporated into this draft in underline format. After all
Commissioners had made their comments, Chairman Dwyer instructed Staffto pass the
comments along to the Council.
Industry Input
Mr. Peter Beck representing AT&T Wireless was present at the Planning Commission
meeting on May 27, 1997. Mr. Beck said that AT&T Wireless currently has two sites
within the City of Mendota Heights. Mr. Beck said that representatives of the Cellular
and PCS industries should have a chance to provide input early in the ordinance drafting
process to avoid problems later on. Mr. Beck claimed that the 75' height restriction and
the requirement that applicants provide all present and future locations of antennae within
a five mile radius were impractical. Mr. Beck offered to give all of his comments to the
Planning Commission that evening. Chairman Dwyer said that he preferred that Mr. Beck
submit his comments to the City in writing. Mr. Beck said that he would send a letter to
the City within the next week.
Council Action Required
Discuss the attached draft of the Cellular/PCS Ordinance and the accompanying comments
from the Planning Commissioners and suggest any further revisions to Staff. Provide
direction to Staffregarding the proper time .and format for input from the Cellular/PCS
industry. If the Council desires, they may declare a formal public hearing on this
Ordinance for the 7une 24, 1997 meeting of the Planning Commission.
�
21.6 WIRELESS TELECOMMU1VICATIONS ANTENNAE, FREE-
STANDING ANTENNAE TOWERS AND ACCESSORY
STRUCTURES
Wireless telecommunication towers, antennae, and accessory structures, including but not
limited to cellular and PCS technology, aze a Conditional Use of all zones within the City,
subject to the requirements and exceptions of this Section.
21.6(1) Purpose. ' To protect the public health, safety and general welfare of
the community while accommodating the communication needs of residents
and businesses, the Mendota Heights City Council finds that this Section is
necessaryto:
21.6(1)a Avoid potential damage to adjacent properties and personal injury from
tower collapse through structural standards and setback requirements.
21.6(1)b Protect the aesthetic qualities of the community by requiring tower and
antennae equipment to be screened from properties within viewing distance
of the site and to be designed in a manner to blend in with the
surroundings and compliment existing structures.
21.6(1)c
21.6(1)d
21.6(1)e
21.6(2)
21.6(2)a
Ma�curi?e the use of existing and approved free-standing antennae towers
and buildings for new wireless telecommunication antennas
Minimize the number of free-standing antennae towers needed to serve the
community by utilizing co-location.
Facilitate the provision of wireless telecommunication services to the
residents and businesses of the City.
Definitions.
The following words and terms when used in this Section shall have the
following meanings unless the context clearly indicates otherwise:
Accessory structure. A use or structure which is subordinate to one of the
following:
1.) the principal use of the land
2.) a building with antennae
3.) an antennae tower
21.6(2)b Antenna. Any structure or device used for the purpose of collecting or
radiating electromagnetic waves, including but not limited to Cellular and
PCS technology.
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21.6(2)c Personal wireless communication services. Licensed commercial wireless
communication services including cellular, personal communication
services (PCS), enhanced specialized mobilized radio (ESMR), paging and
similar services.
21.6(2)d Public Utilitv. Persons, corporations, or governments supplying gas,
electric, transportation, water, sewer, or land line telephone services to the
public. For this ordinance, commercial wireless telecommunication sources
shall not be considered public utility uses or essential services.
21.6(2)e Tower. Any pole, spire, structure, or combination thereof, including
supporting lines, cables, wires, braces and masts, intended primarily for the
purpose of mounting an antenna, meteorological device or similar
apparatus above grade.
. 21.6(2)f UBC. Uniform Building Code. Published by the International Conference
of Building Officials and adopted by the State of Minnesota to provide
jurisdictions with building-related standards and regulations.
21.6(2)g Unused or Obsolete Towers or Antennae. Any antennae or free-standing
antennae tower shall be considered to be unused or obsolete �����-
Ee��e�ts�se� if no use is made of it for its intended purpose for a
period of six continuous months or more.
21.6(3) Building-Mounted Antennae
21.6(3)a Antennae may only be mounted on institutional buildings (churches,
schools, businesses, etc.) or apartment buildings two stories or higher.
Wireless telecommunications antennae are not pernutted on attached or
detached single-family homes.
21.6(3)b Building-mounted antennae must be flush-mounted to the sides of the
building and painted the color of the building exterior unless the applicant
can demonstrate to the Council that protrusion above the roof line is
necessary for communications effectiveness.
21.6(3)c In no case shall building mounted antennae be allowed to protrude more
than 15' above the roof line of the building.
21.6(3)d if both the applicant and the City consent to mounting the antennae on the
City's water tower or other municipal building, a Developer's Agreement
may be necessary at the discretion of the City in addition to a Conditional
Use Permit.
�
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21.6(4) Free-Standing Antennae Towers
21.6(4)a
21.6(4)b
21.6(4)c
No free-standing antennae or antennae tower shall be allowed in any R-1,
R-lA, or R 2 zones.
A free-standing antennae tower shall only be permitted if the
applicant can demonstrate the following to the Council:
that a building-mounted or water tower-mounted antennae in the
manner described in Section 21.6(3) will not provide suffcient
communications effectiveness, and
2. that it is not possible or feasible to co-locate on an existing �ee-
�g antennae tower or building in the vicinity of the proposed
location.
Free-standing antennae towers must be of a monopole-type design and
painted "eggshell".
21.6(4)d All free-standing antennae towers shall be no higher than 75' or the
distance between the base of the antennae tower and the nearest
setback line minus 25 feet, whichever is least.
21.6(4)e All free-standing towers shall be designed to accommodate co-location by
�other service providers and must be accompanied by a written guaxantee
that the owner or operator will accommodate any reasonable request for
co-location in the future from a competitor or the City.
21.6(4)f All freestanding antennae towers and accessory structures must adhere to
all appropriate setbacks for the given zone.
21.6(5) Aesthetics
21.6(5)a All free-standing antennae towers shall be of a monopole-type design.
The use of guyed towers is prohibited.
21.6(5)b Those portions of all free-standing antennae towers and all antennas which
protrude into the air shall be painted eggshell. Those portions of all
antennae that are flush-mounted to the sides of buildings shall be painted to
match the exterior of the building.
21.6(5)c All freestanding towers and all accessory buildings shall be screened from
public view by a landscape plan as described in Section 4.17(4) of this
Zoning Ordinance subject to Council review.
21.6(5)d Advertising of any kind shall not be permitted on any free-standing
antennae tower, antenna, or accessory structure.
21.6(5)e Artificial lighting of any kind shall not be permitted on any free-standing
antennae tower, antenna, or accessory structure unless such lighting is
required by the FCC, the FAA, or another federal or state regulatory body.
21.6(5)f Structures, functions, uses or activities that are not found by the City to be
specifically necessary for the proper functioning of the antennae sha11 be
prohibited on any antennae or tower without express permission from the
City unless the Cit�grants a waiver to this requirement.
21.6(6) Safety
21.6(6)a For a free-standing antenna tower, the applicant must provide a report
from a licensed qualified professional structural engineer certifying that the
tower will meet or exceed current EIA/TIA 222-E standards including but
not limited to standards for withstanding meteorological conditions such as
high winds and radial ice.
21.6(6)b
21.6(6)c
21.6(7)
All antennae, free-standing antennae towers, and accessory structures shall
conform to all building and electrical codes.
The applicant may be required by the Council to erect a security fence
around any free-standing antenna.
Accessory Structures for Antennae
21.6(7)a Accessory buildings to antennae or free-standing antennae towers must lie
completely within all applicable setbacks from all property lines and must
otherwise conform to all requirements for accessory buildings within the
description of the specific zone.
21.6(7)b Accessory structures and equipment buildings shall be designed to be
architecturally compatible with any principal structures on the site, or in the
absence of such structures, with their immediate sunoundings in an
aesthetically pleasing manner. Accessory structures shall be finished on all
sides. The Planning Commission and Council shall review the design of
any accessory structures and equipment buildings.
21.6(8)
21.6(8)a
Other
Unused or obsolete free-standing antennae towers, antennae, structures or
apparatus must be removed within six months of when the
operation ceases.
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21.6(8)b The applicant must submit proof of any applicable federal, state, or local
licenses to the Council prior to receiving a building pernut.
21.6(8)c The applicant must agree in writing to support, participate in and refrain
from interfering with public warning systems and public safety
communications.
21.6(8)d The applicant shall demonstrate by providing a coverage/interference
analysis and capacity analysis, that the location and height of �� free-
standing antennae tower or antenna as proposed is necessary to meet the
communication, frequency reuse and spacing needs of the communication
services system, and to provide adequate coverage and capacity to areas
that cannot be adequately served by locating the towers in a less restrictive
district or on an existing structure, free-standing antennae tower or antenna
including in neighboring municipalities.
21.6(8)e All new or existing telecommunications service and equipment shall meet
or exceed all Federal Communications Commission (FCC) standards
and regulations and shall not interfere with any other communications,
computers, laboratory equipment or manufacturing equipment, including
television and other home electronics. The applicant shall provide to
the City a report from a qualified professional engineer guaranteeing non-
interference and a copy of the FCC approval of the antennae in regards to
non-interference.
21.6(8)f In the event that the FCC or other a�ency or other �?overnmental body
having jurisdiction requires the applicant to submit an Environmental
Impact Statement or similar document, a copy of this document shall be
submitted to the City.
21.6(8)g A successful applicant shall provide an Abandonment Bond to the City
equal to one and a half times the cunent cost of removal and disposal of all
antennae and accompanying apparatus as estimated by a consultant
selected bv the City and paid for by the applicant, which bond shall be used
by the City to remove the antennae and apparatus should they become
unused or obsolete and the applicant or its successors or assigns �e
��ec�e� otherwise fail to remove said antennae and apparatus.
21.6(8)h Existing nbn-conforming free-standing antennae towers, antennae, or
accessory structures shall be allowed to continue operation unless use of
the free-standing antennae towers, antennae, or accessory structure for its
intended purpose ceases for a continuous period of six months, in which
case resumption of use shall require a re-application for a Conditional Use
Permit.
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21.6(8)i All applications for either free-standing antennae, a free-standing
antennae tower, or building-mounted antennae shall be accompanied by a
map of all existing towers and antennae of the same provider and of all
other providers within a five mile radius of the proposed site and all future
planned antennae of the same provider and of all other providers for the
next five years within a five mile radius of the proposed site.
21.6(8)j All costs of an application, including but not limited to those incuned by
City Stafftime and resources, engineering studies by consultants, and other
data as may be required by the City Staff, the Planning Commission or the
City Council shall be borne in full by the applicant.
21.6(8)k Violation of any portion of this Section shall be a separate and continuing
misdemeanor for every day a violation e�sts after thirty days have passed
after formal notification of the violation by the City.
1
:�
CITY OF MENDOTA HEIGHTS
MEMO
May 28, 1997
TO: Mayor, City Council and City Administrator
FROM: Patrick C: Hollister, Administrative Assistant
SUBJECT: Recreational Vehicle Parking and Storage
Discussion
The Council has requested that Staffprovide a draft Zoning Ordinance amendment which
would cla.rify and/or strengthen the City's regulations regarding the outdoor parking and
storage of recreational vehicles. Please see the attached proposed ordinance amendment.
Planning Consultant Meg McMonigal has provided two alternatives for Council
consideration.
Council Action Required
Consider the attached proposed ordinance amendments and provide Staffwith direction.
If the Council feels that one of these alternatives would be appropriate (or only needs
minor changes), the Council may wish to declare a public hearing on this ordinance
amendment for the 7une 24, 1997 meeting of the Planning Commission.
Ma y, 29, 1997 12 ; 47PM MGGOMBS FRnNk P,OOS
McCombs Frank Roos Associates, lnc.
'l5050 23rd Avenue Norih, Plymouth, Minnesota 554d7-d?39
M�MOR.AND U1V�'
TO: City Council of Mendota Heights
FRUM: Meg McMonigal, City Plaane
DATE: May 29, 1997
N1.�ETING DATE:
9
June 3,1997
No, 6161 P, 2/6 r
Telephone Engineers
6121476-6010 Planners
692/476-8532 FAX Surveyors
Consideration of Revisions to Zoning Code for Parking and Ouidoor
Storage
Pazking and outdoor storage of vehicles has been an issue oa some properties in Mendota
Heights. In �ying to enforce the Zoning Ordinance, the staff realized tl�ere ate some ambiguities in the
ordinance language.
Attached aze two {2) alternarives to the existing laaguage:
Alternative A:
Allows no pazking or storage of recreational vehicles on a residential lot. Alternative A restticts
parldng and storage to a much greater degree than it has been restricted in the past.
Alternative B:
Allows storage of recreational vehicles, with the following stipulations;
1. Recreational vehicles may only be pazked or stored on the side or rear portion of the lot.
2. Recreatioaal vehicles must be parked or stored on a paved surface that is connected to a
paved driveway.
3. Recreational vehicles must not be pazked or stored projecting forwazd of the froat of the
house.
4. Recreational vehicle parking or storage must meet the zoning dis�ict setback
requirements.
Alternative B clazifies the iatent of the existing ordinance, and s�engthens the ability to enforce it
In either case, a new definition of recreational vehicles (versus recreational equipment}, and passenger
trucks, as attached, will be usefu.t.
M Equa� Opportuniry Employer
.� May.29,1997 12:47PM MCCOMBS FPANk R005
�
Parking and Outdoor Storage
Cit� of Mendota �eights
June 3,1997
Page 2
No, 6161 P, 3/6
�ctivn Re� eu sied
A policy deteraii.nation needs to be made in order to clazify if parking and storing recreational vehicles
on reszdential property is to be allowed; and if so, where on the lat. With direction from the City
Council, the staff can f�nalize the proposed lan�uage revisians and schedu3e the apgropriate public
hearin,�s.
May, 29, 1997 12;�7PM MCGOMBS FP,�Nk P,OOS No, 6161 P, �/6
�
CITY OF MENDOTA HEIGI�TS - ZONING ORDINANCE
PARKING AND OUTDOOR STOR.AGE
(Underlined language is added; struck out language is deleted)
` _l _� a _t
SECTION 3 RUiES AND DEFINITIONS
add:
�Bger trucks - Licensed and o�erable non-commercial tntcks not in excess of � 000 �ounds tated
ca�ac,tv�,
Recreational Vehicles - Boats_ canoes. all-terrain vehicl_es. trailers. mobile homes, ca�perc_ travel
1zai�ers, snowmobiles, all matar �ehicles_desi� edLconstzucted. or used to �rovide tem�qrarv,,,
movable_ livin�quasters for recreational e_or similar vehicles or e�ui�ment
keep:
Recreation E�ment - Play apparatus such as swing sets and slides, sandboxes, poles for nets,
picnic tables, lawn chairs, bazbecue stands, and similar apparatus but not includin� trec houses,
swimmina pools, playhouses exceeding twenty-five (25)square feet of floor azea, or sheds utilized
for storage of equipment.
21.1(2}f Location of Parking Facilities. Required off-s�eet parlcing in the "R" dist�icts shall
be on the same lot �s the principal buildin;. Required off-street pazking in ail
districts shall me�t the following setback requirements;
1. Within all "R" districts all �assenger automobiles an��assenger trucks �-}es
normally owned or kept by the occupants on the premises must have a garage sta11
or parl:ing space on the lot in a location other tban a required yazd, except that
parking may be locat�d in a's�de_or rear yard to within ten (10) feet of an interior
side lot �ne-a� � rear lot line, oLon the driveway, but not wzthin tea f 10) feet of
the front lot line.
.9LTERIVATIYEA:
Section 21 SPECIAL PROVISIONS
.. �, �_ � . . `_lv ► 1 �
21.1(2) GeneraLPr_ovisions
21.1(2)e Use of Parking Facilities. Off -street parkinQ facilities accessory to residential use
shall be utilized solely for the parking of Iicensed and o�erable passenger
t Ma y, 29, 1997 12 ; 48PM MGGOMBS FRANk ROOS No, 6161 P. 5/6
t
�;
automobilc� and �assen;er cks
not in excess of 3,000 pounds rated capacity. �
�-s�s�e. Under no circumstances shall pazking facilities accessory to residential
structures be used for open atea storage or paridng of commercial vehicles,
recrea�onal vehicles including boats, canoes. all-teaaim vehicles, trailers. mobile
horQ��. c�Fers_ ttavel trailers, snowmobiles. all motozvehicles des�gned.
constructec� or used to �rovide temgorarv_ movable lzving �uarters for recreational
use or for stora�e of vehicles which aare inoDer�l�Ie._:Eoz lease, rent or sale. No semi-
trailer, �uck-ttactor, or a combination thereof, or any custom service vehicle as
defined in Ordinance 1101, or any truck in excess of 9;000 pounds gross vehicle
weight may be pazked w7thin an "R" district except for the purpose of loading or
unloading the same if such vehicle is in the process of making a delivery.
21.1(2)i Use of Parkin� Area. Required off-s�reet parking space ia all districts shall be used
for pazking of licensed and o�era ional �assenger automobiles and �assenger trucks
aad not be utili2ed for open storage or pazking of goods, recreational vehicles
includ"ng boats. canoe�all-te�ain vehicles trailers. mobile homes_ cam�ers�travel
trailers_ snowmobiles, alI motor vehicles desi�ed_consnvcted, or used to �r�vide
���o� rarv_ movab�.e living�uarters for recreational_ use or for storage of �ehicles
which are inoperable, for lease, rent or sale.
21.4 OUTSIDE STORAC.E iN RESIDENTLAl,_ DISTRICTS
21.4{1) ?he outside storage or an�� of recreational vehicles is n�.� permitted �eae��ide
e�e�eaF 3� in a� �v_ residential zoni.ng districts, ,
Outside �ar 'r�g of na, ssen,ger automobiles and �assenger trucks is re tad in
$ection 21.1 of this ar�iinance.
-�►1►��i►/..i�JiL�i�
Section 21 SPECIAL PROYISIONS
r !► � � � . •�tl : 1 �-
21.1(2)e Use of Parkin� Facilities. Off -street pazking facilities accessory to residential use
shall he urilized solely for the parldng of licensed and o�era�lg passenger
automobiles; e�eg�-� ' � and nassengcztrucks
not in excess of 3,004 pounds rated capacity_ �
a�s��. Under no circumstances shall parkin� facilities accessory to residential
str�ctures be used for open area storage or parking of commercial vehicles� or for
����e �f vP},isl?s which are ino�erable. for lea.se. rent or sale. No seau-trailer,
truck-�actor, or a combination thereof, or any custom service vehicle as defined in
Ordinance 1101, or any truck in excess of 9,000 pounds �oss vehicle weight may be
May, 29, 1997 12:48PM MCCOMBS FP,nNk P,OOS No, 6161 P. 6/6 ,
i
pazked within an "R" district except for the purpose of loading or unloading the same
if such vehicle is in the process of making a deliVery. Par 'n „ and storage of
recre_ational vehicles is re�ulated in Section 2i.4 oft is Or inance.
• � Y J! � ;_: ' I� ►11 , 1 _ •
21.4(1) The outside storage of recreational vehicles is permitted �a � one side only or rear
3� vortion of the lot in alI residential zoning dissricts, provided that ��i,e
side 3�,�-storage s����e- �,s�ot adjacent to a street; a�t�'orward of the front
ac and further proy-ided that all storage is not witbin the required setback
,�. Outside storage or parldng of �^�R
recreational �e� vehicles not originally constructed for recreational ase shall
not be permitted. Qu�,j�g, in f�assenger automobiles and �assenger truck� ia
�,Qulated in Section 21.1.
�,�� R �� + �-�e�s�e�
Z�f.�.1�. T,. :le � � .. r1.,.4«.,,��....�►.��.".. „�1.6'8�5'�E$$ ..,i ..11 .,, - - �t:-t..-.
\ f" � �
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i ' . �
�,d121n T.. ,.1 +«.'le e.
''L 70
�.}•�.r'7���av^ Rm^v�"viivT
�
'r
May 30; 1997
TO:
FROM:
SUBJECT:
Discussion
CITY OF MENDOTA HEIGHTS
MEMO
Mayor, City Council and City Administrator
Patrick C.�Hollister, Administrative Assistant
Comprehensive Planning Consultant Proposals
Please see the attached proposals for consultant work on the City's Comprehensive Plan
over the next year-and-a-half. The deadline for submission of proposals was May 27,
1997 due to the fact that May 26 was Memorial Day.
Per Council direction, Staff sent a Request for Proposals to eight planning consultant
firms, selected through referrals and past experience. Staffreceived three proposals. A
few other firms on the "short list" called the City and said that they would have been
interested had they sufficient time, but that they were too busy.
Please see the attached Proposals from the following planning consultant firms:
c�zvo _ � �,�o�
• Northwest Associated Consultants ��`� v o
• McCombs Frank Roos Associates, Inc. 2 S', �� � ��' Q6v - 3�, S� o
• Loucks and Associates
S�p ��ao �, 2�� _ SS, isc� o
Please also see the attached copy of the RFP sent to all eight consultant firms.
Council Action Required
Review the attached proposals and advise Staff on how to proceed in the selection
process.
ClTY OF MEIVDOTA HEIGHTS
RE�UEST FOR PROPOSALS
TO PROVIDE PLANNING S�RVIC�S F�R
COMPRE�lE3VSiVE PLAN UPDATE/MNRRA GRANT STUDY
S�CTION I PURPOS�
The City of Mendota Heights is requesting from selected land planning firms
proposals to provide land planning services to update the City's
Comprehensive Plan in order to comply with the Metropolitan Land Planning
Act and to complete the Planning Taslcs Associated with the Mississippi
National River and Recreation Area (MNRRA) Grant.
S�CT10N ll BACKGROUND
The City of Mendota Heights is organized under Minnesota Statute 412 as a
"P1an A" Municipal Corporation. The Mayor and four Counciimembers are
elected at large on a non-partisan basis for overlapping terms.
Administrative responsibiiities are carried out by the City Administrator who
manages and directs the activities of the City Staff.
The City employs approximately 40 full-time employess, aiong with several
part-time and seasonal personnel. The current operating budget is
approximately 53.2 miilion. City functions include administration, police,
volunteer fire, enginesring, strests, parks and utilities.
The last complete revision of the Mendota Heights' Comprehensive Pfan
occurred in 1979. Since that time, a major revision was adopted addressing
development of the Southeast Area of the City. Several other major
planning studies of other areas of the City have besn completed but never
adopted. One study address�d development along the newly reconstructed
Mendota Interchange Highway Corridor and another study address2d the
Fre�way Road ("Downtown°) area. An area study of the "Super Blocic", a
large lot single famiiy area, was also completed in conjunction with that
neighborhood with no formal action taken by the Council. Other than thesa
areas Mendota Heights is close to complete development with only a few
scattered infill sites remaining. Issues such as tres presarvation,
communication antenna tower locations, airport noisz, and infiil
development are among the high priority considerations with the City
Councii at this time.
CJTY OF MENDOTA HEIQHTS PRO/OSAL FOR PLANN[NO SERVlCfS FOR CDMrFEHENSJVE PLAN U/DATE/MNRRA GRANT STUDY 1
�
.
�
Mendota Heights has also received an MNRRA Grant, and desires planning
assistance to complete that study. Attached is a copy of the Grant
appiication.
S�CT10N lli WORK PROGRAM
A. G E3V ERAL
It is the City's desire to hire a planning consultant to prepare a
Comprehensive Plan update that will comply with the State's Statutes
and the Metropolitan Council's Pfanning Handbook requirements. In
completing this Plan, the Consultant will work with the City's
Engineering Department to utilize the G1S computer system to prepare
all the necessary maps. The inventory and land use information shall
be collected and formatted in a manner that is compatible with the
City's GiS system. The City's Engineering Department wiil also be
utiiized to provide all the necessary technical engineering input
required.
B. Inventorv/Community Profiiie
The inventory/community profile s�ction of the Mendota Heights
Comprehensive Pfan will be a summary of exs9ting conditions related
to the Mendota Heights demographic profile, the physical environment
and land use, housing and neighborhoods, land use controls,
transportation, infrastructure and community faciiities. This portion of
the document is intended to provide an historical bacicground and the
data base from which the Comprehensive plan will be developed. The
request for proposal should include a descriptive outline for all the
elements that will be necessary for a comprehensive
inventory/community profiie.
C. Land Us� Plan
1. Policies and Goais
This s�ction is to be completed by the planning consultant.
Update the City's Policies and Goals section including general,
residential, transportation, parks and open s�ace, ecanomic
community szrvices and faciiities, environmentai and
appearance, and solar access goals. This s�ction is to be
completed following a public proc�ss and woricshop discussions
CJTY OF MENDOTA H�CHTS PROMSAL fOR PLAIVNWO SERVIC£S FOR COMPREHFNSlVE rLAN !?DATE/MNRRA QRANT STUDY 2
t
with City Council, Planning Commission and City Staff.
2. Land Us�
This section is to be completed by consultant. All land use
maps wiil be generated by City Enginesring Staff on its GiS
Arcview computer in concert with the Consultant. The request
for proposal shall include a descriptive outline of the steps that
are necessary to update the existing land use maps and
describe the existing land use regulations to adress all local and
regional concerns. This information will be gathered and
presented consistent with the format requested by the
Metropolitan Councii.
3. Housinq
This s�ction is to be completed by consultant. In 1996, the
City of Mendota Heights prepared an Action Plan as a
participant in the Metropolitan Livable Communities Act.
Mendota Heights is a participant in the Dakota County HRA
Cluster Plan for the purposes of compliance with the
Metropolitan Council's implementation of Livable Communities
Act. This information will be utilized for the Housing Element
s2ction in the new Comprehensive Plan. The proposal shall
also include the use of updated Census data, buiiding permit
information and Dakota County HRA information.
4. Water Resources ManaQement
This section is to be completed by the City's Engineering
Department based on direction from the various Watershed
Management Organizations. The Consuitant will prepare this
section in compliance with the Metropolitan Council's
requirements for Water Resources Mangaement.
5. Historic Pres�rvation/Solar Acc�ss
These s2ctions wiil be completed by the Consultant. The
proposal s�all include a des�riptive outline on preparing thesz
se�tions.
6. Transaortation
CJTY OF MENDOTA HOGHTS lA0/OSAL FOR PLANN/NQ SFRVlCfS FOR CDMIRfNENSNE PLAN UPDATFlMNRRA GRANT STUDY �
�
This section is to be completed by City Engineering Staff in
concert with the Consultant who will prepare this section in
compliance with the Metropolitan Council's requirements for
the Transportation Element.
7. Airoort
This section is to be completed by the Consultant in concert
with the Airport Relations Commission and City Staff. Mendota
Heights enforces a Sound Attenuation Ordinance based upon
Noise Zones established by the Metropolitan Council. These
nois� zones have recently been expanded by the Metropolitan
Council. As part of the Comprehensive Plan update, the City
will need to consider the adoption of these expanded noise
zones and any necessary changes to the Sound Attenuation
Ordinance. An aviation section of the Comprehensive Plan that
addresses guidelines on safety, land use and noise compatibility
and other factors in the Metropolitan Council's Aviation
Development Guide Plan is an important element of the
Comprehensive Plan due to our proximity to the MSP
International Airport. The proposal should include a
descriptive outline that addresses the preparation of this
section.
8. Wastewater
This section is to be completed by City Enginesring Staff in
concert with the Consultant who will prepare this s2ction in
compliance with the Metropolitan Council's requirements for
the Wastewater E3ement.
9. Parics and Ooen Soace
A Parks and Open space map wiil be completed by City
Engineering Staff in cancert with the Consultant. The
Consultant will be res�onsible for the narrative portion of this
s�ction in compliance with the Metropolitan Councii's
guidelines for Parics and Open Spaces.
10. Water Suoolv
Water is suppiied by St. Paul Water Utility. City staff will be
responsibie for incorporating this section into the
ClTY OF MENDOTA HdQKTS /RO/OSAL FOR PLANNlNQ SfRNCfS FOR COMPRfHENSNE PLAN UIDATFJMNARA GiL4NT ST!/p y L}.
Comprehensive Plan inciuding addressing all private we11
requirements.
1 i . Qrdinanc�s
The Pianning Consultant wiil review the City's iJrdinances and
officiai controls for conformance with all applicable 5tate Laws,
The Cac�suitant will prepare the Implementatian Program in
compliance with the Metropolitan Councii's requirements.
12. Ca�ital Improvement Program
The Planning Consultant will work in concert with the City Staff
to inctude a C.1.P. within the Comprehensive P1an in campliance
with the Metropolitan Council's requirements..
13. Interc�overnmental Coordination/Economic Develooment
Redevetoament
The Planning Consuitant wiil work in cancert with the City staff
ta develog these sections in compliance with Metropolitan
Councii's requirements.
D. MNRRA and Critical Area Ptanning District
The Consultant shall assist Staff of the City of Mendota Heights to
accomplish the foi[owing.
i. To verif}r that the Ci#y's current Critical Area Ordinance conforms to
State and Federal mandates (referred to in MNRRA literature as "Tier
1"} and, if found to be aut of conformanc�, to rectiiy thos� non-
conformities so that it fully complies with those mandates.
2, To consider the volunt�ry adoption of other poiicies contained within
the MNRRA Camprehensive Management Plan {re#erred to as "Ti�f
2".)
3. To write the Critical Area portion of the revis2d Comprehensive Pfan
to be submitteci in its entirety ta the Metropatitan Councii by
Dec�mber 31, 1998.
4, Ta cooperate with the Cities of Mendota and Lilydale on a variety of
issues reiated to the Criticai Area to be documented in a Tri-Ci-ry
Cl7"Y OF MENDOTA 1'/EIGHTS PRtlPOSAL FCR IL1NN/NO SERV1CfS FCR CDMrREHENSJVE PLAN UrAATFJMNRRA GRANT STUDY 5
'��
Report.
The Consultant shall assist the Staff of the City of Mendota Heights to
achieve the following outcomes by December 31, 1998:
1. A Criticai Area Ordinance which fully conforms to State and Federal
mandates (refierred to as "Tier 1 °)
2. A consideration of the voluntary adoption of other policies contained
within the MNRRA Comprehensive Management Plan (referred to as
"Tier 2")
3 An up-to-date Critical Area portion of the revised Comprehensive Plan
submitted with said Comprehensive Pfan in its entirety to the
Metropolitan Council by December 31, 1998.
4 Cooperation with the Cities of Mendota and Lilydale on a variety of
issues related to the Critical Area (see Attachment for Question Six)
documented in a Tri-City Report.
S�CTION IV. PLANNING TACTICS
The foliowing mestings st�all be scheduled:
1. Individual interviews with City Officials in order to prepare for
the intial workshop are necessary. The proposal shall describe
how these interviews wiil be structured.
2. Intergovernmental interviews shall be conducted with ISD No.
197, Dakota County, Metropolitan Airports Commission (MAC),
Fort Snelling State Parks, the Cities of Eagan, West St. Paul,
Sunfish Laice, Inver Grove Heights, Mendota and Liiydale.
Interviews with large private landowners shall be conducted
including Resurrection and Acacia Cemeteries, Dodge Nature
Center, thres golf cours2s, Somers2t Area landowners and
United Properties.
3. One initial workshop shall be canducted with the City Councii,
Planning Commission, Airport Relations Commission and Parks
and Recreation Commission to gain direction on needs, issues
C?Y OF MENDOTA i/dGFITS PROPOSAL FOR PLANNpYQ SERNCfS FOR COMPRENENSNS PLAA/ UPDATFJMNRRA GRqNT S7UDY 6
6
r
J
and objectives for pian preparation. Consultant will summarize
the workshop in concert with City staff and identify the issues
and community goals to be addressed through the
comprehensive plan process.
4. Neighborhood information meetings shall be conducted at City
Hall. The proposal shall include a descriptive outline on a
format for. the meetings including materials, preparation and
documentating the outcome. Number and composition ofi the
mestings wiil be determined at the initial workst�op meeting.
5. A second workshop shall be scheduled with the City Council,
Planning, Airport Relations and Parks and Recreation
Commissions to present the findings of a preliminary report.
6. Once a draft final document has besn prepared, a public
hearing shall be scheduled in front of the Planning Commission
before the report is s�nt to the City Council for final approval.
S�CT10N V INSTRUCTIONS TO APPLICANTS
If your firm is interested in providing land use planning services to the
City of Mendota Heights to update the Comprehensive Plan and
complete the MNRRA Grant Study, the City requests that you submit
the following information:
1. The name and location ofi your firm and location of head
offices, ifi different.
2. The number of years in operation at the Twin Cities location,
and at head offic�s, if different.
3. A brief (less than two pages) description of the firm and the
type of work that it does. The City of Mendota Heights is
especially interested in prior comprehensive plan preparation
experience.
4. Identiry the person who would szrve as primary contact and
lead land usa planner in providing the City with planning
szrvic�s. If more than one person is anticipated to assist in
carrying out thesa duties, they too should be identifiied. Short
(less than two pages) resumes of thosz involved should be
attachetl, shouid cleariy identifiy qualifications to perform the
CITY OF MENDOTA HEJGMS PRO/0.5AL FOR fLANNWO SERV1CfS FOR COM/REHENSNE /LAN UPDATFIMNRRA GRpNT yTUDY �
.y
intended duties, and should list the following:
a. Education.
b. Years of experience performing municipal land use
planning work on behaif of pubiic empioyers.
c. ' Years of experience performing municipal land use
planning wo�k on behalf of private employers.
d. Other areas of expertise.
e. Verifiy that your firm and its members have no
conflict of interest which would impair your abiiity
to provide the City of Mendota Heights fair and
unbiased land us� pianning services. If unable to
provide such verifications, please list any and all
circumstances which may represent such conflict
of interest.
f. Completed capy of Exhibit C.
5. A description of your firm's approach to this project, to include:
a. A general outline of the content of the completed
project.
b. A time schedule of the major miiestones of the
project.
c. Assistance and participation expected from City
Staff and/or community.
SECTION VI COMPEiVSAT10N
Compensation from the City of Mendota Heights to the firm s2lected
to provide land usz planning szrvices wiil be state� in terms o-F a cost-
plus materials basis with a"not to excesd" amount. The "not to
exc�etl" fes is intended to include all consultant staff time necessary
to perform the required land usz planning szrvices for:
1. Updating the City's Comprehensive Plan.
ClTY OF MENDOTA HElGHTS PROIOSAL FOR /LANNWO SfRNCFS FOR CDMPAENfNSNE PLAN UPDATE/MNRRA GRANT STUDY �
2. Assisting in the MNRRA Grant.
The cost of reimbursabie supplies, miieage, etc. shall be itemized on a
per unit basis in the proposal. A rate schedule shall be provided that
lists all members of the firm and their biiling rate for work that will be
performed on the cost-plus-materiais basis. Your proposal must
include a fuily compieted copy of Exhibit C- Proposal for Land Use
Planning Services. �
S�CTION VII SCHEDULE
In selecting a land use planning firm, the City of Mendota Heights
anticipates the following schedule:
May 26, 1997
May 26 to June 3,
June 17, 1997
June 17 to July 1,
July 1, 1997
Respons� Deadline for Proposals
1997 Council Review of Proposals
Tentative Council Decision Date
1997 Development of Contract
Consultant Begins Work
S��TION Vlll EVALUATION AND S��E�TION
Evaluation and selection of a firm to provide land use planning
servicas to the City of Mendota Heights will be based on the
following:
A. Evaivation Criteria
2.
Quaiifications of firm and land use Qlanner who will serve
the Citv of Mendota Heiahts:
* Skill and ability of assigned personnel.
* Applicable experience with municipal
Comprehensive Plan and MNRRA Grant
preparation.
* Knowledge of ail Minnesota laws and regulations
related to land use planning, zoning,
comprehensive planning, etc.
Costs
* Reasonableness of costs.
C1TY OF MENDOTA HdGHTS PAOPOSiJI FOR PLANNlNO SERNCES FOR COMIREHEIVSNE PLAN U/DATFJMNRRA GRqM STUDY .7
3. Other Facto�s Includinq:
* Demonstrated knowiedge of the City of Mendota
Heights and its development characteristics.
* Availability and location of assigned personnel.
* Conformity of proposal with RFP.
B. Procedure �
Responses wiil be reviewed and evaluated by the Mendota
Heights City Council. The top firm or firms may be interviewed
by a subcommittee of the City Council after the initial
evaluation has been completed. All candidates will be notifiied
by mail as the selection process progresses.
SFCTION IX ClTY CONTRACT AND SUBMISSION DEADLlNE
Proposals must be received by 12:00 noon on Monday, April 28,
1997. Seven (7) copies of the proposal should be sent or delivered
to: Kevin Batchelder, City Administrator, City of Mendota Heights,
1101 Victoria Curve, Mendota Heights, MN 55118. Ses Exhibit C for
more detaiis.
C?Y Of MENDOTA HEIGXTS PROPOSAL FOR rLANN/NO SERV1CfS FOR CDMPAENENSNE rLAN UrDATFJMNRRA GRANT S7UDY 1 O
Name of Firm
Address
Contact Person
Phone Number
EXHIBIT C
C1TY C?F MENDClTA NEIGHTS
PROPOSAL FOR PLANNING S�RVICES
Fax Number
I have fuily read and understand the request for proposals issued by
the City af Mendota Heights for Comprehensive Ptan Update and MNRRA
Grant planning services and hereby prapose to provide such services to the
City on a cost-plus-materiats basis at a"not-ta-e�cceeci" cost of:
Comprehensive Plan Update
MNRRA Grant Services
$
S
i further understand direct retated expenses are eligibie for
reimbursement by the City, and i have attached an itemized listing of
anticipated expenses stating the per unit cost of each. 1 have aiso attached
a list a# each member of the firm and thesr billing rates.
Furt#�ermo�e, t have attached a copy of all items specifically
enumerated in Sectinn IV of the RFP - Instructions to Appiicants,
Submitted for consideration by the City Council of the City of
Mendota Heights this day af , 1997.
Sl�t1r"�fUT� r��e
This proposai and required attachmen#s must be received by the City of
Mendota Heights no later than 12;00 noon on Monday, April 28, 1997.
Seven (7} copies of the pr�posal shoulci be sent or delivered to: Kevin
Batchelder, City Administrator, City of Mendota Heights, 1101 Victoria
Curve, Mendata Heights, MN 55118.
CffYOFNfNDOTAHE76XT5l�RO/OSALFORrLONMIYQSERNCfSFORCDM/1PENFIVSNEKANUI"pATFJMNRRAl3RdNTSTU4Y � 7
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27 May 1997
NORTHWEST ASSOCIATED CONSULTANTS
COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
Mr. Kevin Batchelder
Municipal Offices
1101 Victoria Curve
Mendota Heights, MN 55118
RE: - Mendota Heights - Comprehensive Plan Update
FILE NO: 802
Dear Mr. Batchelder:
Transmitted herewith is Northwest Associated Consultant's proposal to complete a
Comprehensive Plan Update for the City of Mendota Heights.
In the proposal that follows, we have provided the information that has been requested.
Should there be any additional information that we could provide, please do not hesitate
to contact our office.
Comprehensive planning is a fundamental service provided by Northwest. We sincerely
appreciate your consideration of our firm for this project in Mendota Heights and look
forward to the opportunity to work with your community.
Respectfully,
NORTHWEST ASSOCIATED CONSULTANTS, INC.
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-��a�." "
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Stephen W. Grittman
Vice President
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 I 6
PHONE 6 I 2-595-9636 FAX 6 I 2-595-9837
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Contact Person
CITY OF MENDOTA HEIGHTS
PROPOSAL FOR PLANNtNG SERVICES
Narthwest Associated Consultants, Inc.
5775 Wayzata Baulevard, Suite 555
St.Louis Park, MN 55416
Stephen W. Grittman
Phone Number ��2/595-9636 Fax Number 612/595-9837
I have fully read and understand �the request for proposals issued by
the City af Mendota Heights far Comprehensive P1an Update and NiNRRA _
Grant planning services and hereby propose to provide such services to the
City on a cost-pius-materials basis at a"not-to-exceed" cost of:
Camprehensive P1an Update
MNRRA Grant Services
$
$
31,4Q�.00
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1 further understand direct related expenses are eligible far
reimbursement by the City, and i have attached an itemized listing ofi
anticipated expenses stating the per unit cost ofi each. i have also attached
a list of each member of the firm and their billing rates.
Furthermare, 1 have atCached a copy of all items sp�cifically
enumerated in Section 1V of the RFP - Instructions to Applicants.
Submifited far consideration by the City Cauncil ofi the City of
M@ilCl4t� ii�l��i'CS 's 27th day of ��Y ,'i 997.
Signature -� Title Vice President
This propasal and required attachments must be received by the City of
Mendota Heights no lafier than 12:00 noon on Monday, May 26, 1997.
Seven {7) copies of the proposai shoulci b� sent or deiivere� to: Kevin
Batchelder, City Administrator, City of Mendota Heights, 1101 Victoria
Curve, Mendata Heights, MN 55118.
C?Y Of MENDOTA NElONTS PROPOSAL fQR PL4NNlNO SERYlCES FOR COMPREHENSlVE P1AN UPDATFIMNRRA GRAM STUDY
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City of Mendota Heights Compr�hensive P/an
TABLE OF CONTENTS
Page
INTRODUCTION................................................................................................. 1
SECTION ONE - ISSUES AND WORK PROGRAM ........................................... 3
Process and Approach ........................................................................................ 3
Issue Identification ........................................................................................ 3
Inventory........................................................................................................ 4
PolicyPlanning .............................................................................................. 6
MasterPlan ................................................................................................... 7
�MNRRA and Critical Area Planning District ................................................... 9
Implementation.............................................................................................. 10
ProjectBudget ......... ............................................................................................ 11
SECTION TWO - FIRM QUALIFICATIONS ........................................................ 12
Related Project Experience .................................................................................. 13
ProjectPersonnel ................................................................................................. 16
SECTION THREE - PROJECT SCHEDULE ....................:................................... 17
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APPENDIX........................................................................................................... 19
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INTRODUCTION
� Northwest Associated Consultants, Inc. is a community planning consulting firm which
has been serving local governments for nearly twenty five years. During that time,
Northwest has assisted over one hundred twenty clients with Comprehensive Planning and
related projects, Ordinance preparation, private development project review, and facilities
' planning (such as parks and trails, transportation planning, and utilities issues).
' Currently, Northwest is working with nearly thirty communities on various projects. Many
of these communities are long term clients for whom Northwest has provided a broad
range of services. Others are more recent client relationships created for specific projects,
' such as a Comprehensive Plan Update, or for the review of a particularly sensitive
development proposal such as commercial area redevelopment projects.
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Several of Northwest's clients, both past and current, are suburban Twin Cities
municipalities. Northwest has assisted many communities with every aspect of local
planning issue, including broadly scoped projects such as Comprehensive Planning and
Ordinance preparation as well as more focused efforts such as tree preservation,
communication antenna and tower regutations, growth management, airport noise, and
Livable Community studies. The experience gained through our work with a wide variety
of clients has given Northwest a special appreciation for the issues confronting cities that
are close to "build-out" and need concentrated attention toward specific issues, experience
which we would very much like to bring to the City of Mendota Heights.
In the following pages, we hope to communicate our commitment to providing planning
� services which are precisely tailored to the needs of Mendota Heights. We believe that the
role of the consultant is to help the community understand its options, set its own goals,
and implement strategies to achieve those goals. Plans work when the client has a sense
' of ownership of the plan itself. In our experience, that sense of ownership is gained when
the community sets the agenda and develops the issues to be addressed.
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Northwest's approach directly and actively involves the members of the community in the
planning process. The new Comprehensive Plan process would develop a public
consensus, building on the expertise of the City officials and staff, as to how the City
should respond to development and redevelopment requests, growth direction, and the
many other issues which affect the use of community resources.
The Metropolitan Council requires a certain list of submissions and inclusions in order to
consider a Comprehensive Plan complete. While these submissions are important, they
will typically only go part of the way toward making a Comprehensive Plan into a relevant,
usable community tool. Northwest's proposal, as reflected in our heavy emphasis on
community involvement, specific issues and goal-setting, is designed to assure that the
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� Comprehensive Plan achieves more than minimum compliance with regional mandates.
Consequently, a Plan can be prepared which costs less. But in our experience, that Plan
, also achieves less, most often at the expense of the components most important to the
local community.
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This proposal is written to provide the Work Program and budget information for the
preparation of a Comprehensive Plan. Included in this section is a discussion of NAC's
qualifications and related experiences.
A major point to emphasize is that there will almost certainly be other issues which must
be addressed by the plan. Many of these are raised as the project progresses, either
through consultant observation, citizen participation, or City officials' comments and
reactions to the project activities. The consultant's work program is designed to identify
all issues�early in the process, with the ability to integrate new issues into the plan as they
become apparent. This helps assure that the plan is truly "comprehensive".
� At Northwest, we think that the longevity of our relationship with so many of our current
clients is based in these policies. We hope to have an opportunity to work with the�City of
Mendota Heights in the development of a Comprehensive Plan which:
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Addresses the issues important to the community in a complete and efficient
manner;
Provides a truly comprehensive guide to addressing the City's long and short term
development and growth through the use of Ordinances and other strategies; and
Compliance with stipulated Metropolitan Council informational requirements and
plan elements.
We look_ forward to the opportunity to work with Mendota Heights, providing it with a
� Comprehensive Plan, and a Comprehensive Planning Process, uniquely suited to the
community's needs.
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SECTION ONE - ISSUES AND WORK PROGRAM
Process and Approach
The development of a Comprehensive Plan is, for Northwest, a highly individualized
process. Each step of the project is determined by the outcomes of the previous steps.
However, there is a defined outline to our approach which entails five general phases of
work. These are: (1) Issue Identification, (2) Inventory, (3) Policy Planning, (4) Master
Planning, and (5) Implementation. These phases are defined below.
/ssue ldentification
At the outset of the project, Northwest seeks to determine the most complete set of issues
possible v►rhich must be addressed by the Comprehensive Plan. The purpose here is two-
fold. First, this work allows the City to focus the planning work on the areas which are of
critical importance to the community, and to avoid spending valuable attention on issues
which are of little consequence to the City's decision-making. Second, it assures the City
that the Comprehensive Plan will address all of the issues which are real and present in
the community, making sure that the Plan does not miss anything which could be
overlooked with a more routine process.
The design of the Issue Identification stage is formulated at the beginning of the process,
, and is structured to meet the City's objectives for the plan. As a part of the initial phase
of work, a series of individual "Tactics" interviews will be held with the following:
' Independent School District 197; Dakota County; Metropolitan Airports Commission
(MAC); Fort Snelling State Parks; City of Eagan; Cities of West St. Paul, Sunfish Lake,
Inver Grove Heights, Mendota and Lilydale; Large private landowners including
' Resurrection and Acacia Cemeteries, Dodge Nature Center, Golf course owners,
Somerset area landowners and United Properties. Indiv.idual interviews will be scheduled
with a representative of each of the above to discuss perceived issues. Interviews will
' likely be held at the Mendota Heights City Hall, but may be moved to other locations as the
situation dictates.
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Issue Identification work would also entail an introductory workshop with the Planning
Commission, City Council members, Airport Relations Commission, Parks and Recreation
Commission and City Staff. This workshop would be designed to accomplish several
objectives. First, it will allow the consultant to gain an understanding of the City's
expectations of the process. Second, the workshop gives us an opportunity to weigh the
level of priority assigned to the issues raised in the interviews which the Comprehensive
Plan should be sure to address and begin to set an overall direction for the Plan. Finally,
the initial workshop provides a setting where the Comprehensive Plan's scope can be
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discussed. This discussion is an opportunity to devefop a common consensus as to the
role of the Plan in the activities of the City. The Issue Identification work will include a
review the City's Ordinances, including the Critical Area Ordinance for conformance with
all applicable State laws. This stage of work will initiate the work related to the MNRRA
activities specified in the Request For Proposal.
Additionally, neighborhood informational meetings will be conducted in order to identify
issues which may be apparent only to certain sectors of the community, such as local
businesses or residents of particular neighborhoods. The number and design of the
neighborhood meetings will be evaluated during the initial workshops with the City. A
separate estimate of the cost of these workshops is provided on the budget page to allow
for the variation in project scope.
The product resulting .from the Issues Identification phase is a report to the Planning
Commission and City Council which lays out a"strategic plan" for the remainder of the
Comprehensive Plan program. This strategic plan will guide the remaining work program,
both in content and format. In addition it forms the first section of the Comprehensive Plan
document.
Issue Identification Tasks.
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1. Project initiation meeting with City Staff and Consultants.
2. Identification of interviewees and scheduling of initial interviews.
3. Initiation of Critical Area activities - meetings with associate communities.
4. Neighborhood meetings.
5. Review of existing City Ordinances (including fihe Critical Area Ordinance).
6. Scheduling of Planning Commission, City Council, Airport Relations and Parks and
Recreation Commission meeting.
7. Preparation of report to Planning Commission, City Council, Airport Relations and
Parks and Recreation Commission.
8. Presentation of Issue Identification Report to the Planning Commission and City
� Council (public meeting).
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Inventory
The community is the primary source of issues which the Comprehensive Plan will
address. To supplement that process, an inventory of the City's existing conditions is
conducted. This inventory process occurs concurrently with the Issues Identification
process in order to accomplish two objectives. First, the scope of the Plan is focused
during the Issues phase. The inventory data which is of principal interest to the community
can then be presented in fuller detail. Second, the inventory process itself helps to develop
some of the City's Comprehensive Planning issues, and provides a check on the Issue
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' Identification phase of work. As a unit, the Inventory section describes the City of Mendota
Heights at a particular point in time.
, Inventory work involves the collection of information in three general categories. Much of
this information is available at the Metropolitan Council, therefore, will involve collection of
' the data and field verification.
The first is the physical inventory. In this category, data is recorded regarding existing land
` uses, building permit activity, transportation data, infrastructure locations and capacities,
as well as natural features such as topography, soils, and tree cover. This section
, documents what the City looks like and how it functions. An existing Land Use Plan is
completed by performing a physical inventory of the City to be completed by Northwest.
A special effort will be made to separately maintain information related to the Critical Area
' activities. � This work will be accomplished by charting the existing land uses within the City
by utilizing aerial maps, and by touring the City and taking a visual inventory. Northwest
will utilize the GIS services provided by the City Engineer to assist in the preparation of the
' associated maps. A summary of existing data is utilized to prepare the physical inventory,
including aerial photography, County Assessor records, and other sources.
, Next is the social inventory, which consists of a demographic profile of the community.
The most significant aspect of the social profile is often the trends which have occurred
over time, and a comparison of the City's demographics to that of surrounding cities. This
' section shows who lives and works in the City of Mendota Heights, and identifies the
trends which will require City investments into the next several years.
' The third inventory category is the economic profile. This information consists of a
summary of the economic influences in the City of Mendota Heights. The structure of the
' City's tax base is identified in order to provide a basis for later analysis of development
impacts. This information will be used to help the City measure the public cost of new
development, and compare the cost to the fiscal revenues which growth brings. Such
' fiscal impact studies have proven to be invaluable information in programming future
growth and development.
' Each of these three categories is emphasized according to their relevance identified in the
Issues phase. The product of the Inventory phase takes two forms. One of these is the
second major chapter of the Comprehensive Plan, consisting of text, charts, and maps
' illustrating the most relevant of the collected information. The other form is a compilation
of data, presented primarily in tables and charts, which is included as an appendix to the
Plan. This section provides a single resource for data on the City's condition at the time
' of the Comprehensive Plan project.
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A meeting with the Planning Commission and City Council would be expected near the end
of this stage to discuss the draft Inventory report, and finalize any additional details of the
presentation of the data.
Inventory Tasks.
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Collect maps, records, and other data available through the City or other sources.
Map the available data to illustrate relationships with other issues.
Work with the City Engineer to prepare all necessary maps.
Highlight noteworthy issues apparent from the collected inventory.
Cross-check the physical inventory information with issues and information
collected at the Planning Commission and City Council Meeting and Interviews.
Prepare a summary report with comments on the relevant topic areas raised by the
Inventory analysis.
Meet with the Planning Commission and City Council to discuss the Inventory
results.
Finalize the Inventory chapter and Appendix information for inclusion in the
Comprehensive Plan.
' Policy Planning
At the beginning of this stage of work, the existing conditions in the community will have
� been documented, and the issues important to the community agreed upon. The next
work phase is to determine direction for the City through the identification of Goals and
Objectives. A part of this process is the development of a consistent set of integrated
tpolicy positions which clarify, and "flesh out" the more general goal statements. Whereas
the Inventory tells us where the City is, the Policy Plan describes where it wants to be. It
will be important during this phase of work to idenfify issues in which the'City's policies and
� regional policies may conflict in an effort to develop spec�c strategies for implementing the
goals of the Mendota Heights community.
From a practical standpoint in the City's development decision-making process, Policy
Planning provides a baseline against which unplanned development proposals can be
measured. In the City, for instance, gauging the impacts of new development in the City's
few remaining undeveloped areas will depend on how well a proposed development
project matches up with the City's established goals, objectives, and policies. The
published Policies give the City a solid defensible basis for considering or rejecting
proposed development requests. '
Similarly, prioritizing the City's resources can best be accomplished when the goals are
clear. The Goals and Policies allow the City to answer the question: How thoroughly does
a development option meet the City's goals? And, which is the most important? Clear
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goals permit more efficient use of the City's resources, or at least, a full understanding of
the costs of different choices.
The product of the Policy Planning phase is the third chapter of the Comprehensive Plan.
This section consists of a series of general goal statements, with an increasing level of
definition to more spec�c policies. Policy Planning requires at least one meeting with the
City Council, in addition to others whom the City believes appropriate in these discussions.
In addition, analysis of the Critical Area Tier 2 policies in relation to the City's planning
philosophy will occur at this stage. This analysis will lay the foundation for Mendota
Heights' work with Lilydale and Mendota on the MNRRA cooperative issues.
Policy Planning Tasks.
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Consultant development of Goal and Issue categories for policy consideration.
Preparation of Goals and Policies Report to the City Council.
Meeting with Planning Commission and City Council to review draft Goals and
Policies.
4. Analysis of Critical Area Tier 2 policies.
4. Finalization of Goals and Policies chapter.
Master Plan
The fourth major chapter of the Comprehensive Plan consists of the physical plans and
programs which lay out the City's proposed land use, transportation system, housing
programs, water resources management, historic preservation, parks and recreation
planning and other community facilities plans, and a definition of the City's relationship to
surrounding cities, including the Seven County Metropolitan Area.
To an extent, the breadth of this chapter is determined by requirements of the Metropolitan
, Council and issues which are identified in the early stages of the planning process. Each
step in Northwest's process is tied to the others in this same way. In this section, the City's
plan for directing re-development and infill development within specific locations would be
' established. This "Master Plan" identifies the areas of the City in which development of
various types will be considered. Meetings with Metropolitan Council staff would be
established at this time. Per the City's Request for Proposal guidelines, the following items
' will be covered as components of the Master Plan. This list is subject to change as issues
are identified throughout the process:
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Land se. Based upon the directives of the Poficy Plan, detailed Land Use Plans will be
developed for each designated plan area. These land use plans will address matters of
development patterns, land use compatibility, infrastructure needs, transportation, as well
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as development quality. The planning area land use plans will be biended and coordinated
together to form a unified City-wide Comprehensive Land Use Plan.
Housin . Mendota Heights has chosen to participate in the Dakota County Housing Action
Plan. This will address the City's need to respond to the regional affordable housing goals.
The County Housing Action Plan will be reviewed for impacts on Mendota Heights, and the
Comprehensive Plan will include appropriate language translating the Action Plan into City
policy. Northwest will analyze the City's housing mixture and provide an evaluation of how
the housing stock relates to the City's goals, tax base, infrastructure impact, delivery of City
services and demographics.
Water Resources Management. A water resources management plan will be developed
in cooperation with the City Engineer, the various Watershed Management Organizations,
and the I�letropolitan Council.
Historic Preservation/Solar Access Based upon issues identified in the tactics interviews
, and directives from the Policy Plan, a detailed plan to protect historic buifdings, sites,
� landmarks and other historice assets within the City will be developed.
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Transportation. The transportation element will involve the idenfification and establishment
of a local street hierarchy based on functional classification system consistent with
Metropolitan Council guidelines. The Transportation Plan must be coordinated to the land
use goals and recommendations to insure the proper inter-relationship to the proposed
land uses and local transportation systems. Past transportation studies will be utilized as
data base from which transportation recommendations will be developed. Northwest will
work with Dakota County and MnDOT to research and identify transportation
improvements being proposed by these governmental jurisdictions. Northwest will work
in coricert with the City Engineer in preparing the transportation element.
Aviation. Mendota Heights is influenced by the proximity of the Minneapolis-St. Paul
International Airport. Due to this influence, it is necessary to analyze the impact that the
airport operations will have on Mendota Heights' current and future land use and growth
patterns. Work with the City's Airport Relations Committee will be important in
incorporating these objectives into the Comprehensive Plan.
Northwest has past experience in land use planning related to airport facifities and impacts
in numerous communities. Based upon identification of air traffic patterns, noise zones,
land use safety zones, the City's Sound Attenuation Ordinance, and mandates from the
Metropolitan Council a specific plan shall be developed.
Parks and Open Space. Northwest offers extensive experience in park and trail planning.
We would propose to review the existing Park Planning document with City staff and the
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Parks and Recreation Commission to determine what areas of change are necessary.
Additionally, the Park Plan would be updated to establish goals and policies to address
community needs through the year 2020. Northwest will, in coordination with the City
Engineer, complete the narrative component of the Parks and Open Space Plan in
compliance with the Metropolitan Council's guidelines for Parks and Open Spaces. Of
particular note would be the Mississippi River recreational issues to be built into the City's
park and trail planning.
Wastewater. The Master Plan for wastewater treatment shall be completed in cooperation
with the City Engineer in compliance with the Metropolitan Council's requirements for the
Wastewater Element.
Ordinances. Based on the goals established in the Comprehensive Plan, Northwest will
review the Mendota Heights Ordinances, including the Critical Area Ordinance and offer
recommendations that address land use, environmental protection, subdivision design,
development quality, park land dedication, and airport issues. The recommendations will
be based on years of experience in formulation of municipal development regulations,
current State Statutes, and the Metropolitan Council Guidelines. This work is an on-going
activity of the planning process, and is built into the work program stages.
Capital Improvement Program. The capital improvement plan is an essential element in
developing an implementation strategy for the Comprehensive Plan's objectives.
Northwest will assist the City in establishing review criteria and prioritization of
improvements in establishment of a Five Year Capital Improvement Document. Tfiis work
is also an on-going activity of the planning process, and is built into the work program
stages.
The City's RFP also mentions the Intergovemmental Coordination/Economic Development
and Redevelopment aspect of Metropolitan Council's requirements. This aspect of the
planning_ pr.ocess may be of particular importance for the City in that the new growth
strategy adopted by Met Council encourages a significant level of higher density
redevelopment. Particularly for well developed communities such as Mendota Heights,
redevelopment policies will raise issues as to density and compatibility, traffic
management, and maintaining overall community quality. Northwest has worked
extensively with Met Council staff in communities throughout the region. This relationship
and experience will help Mendota Heights in negotiating for its preferred planning
philosophy, and developing effective strategies for Met Council acceptance.
Throughout the planning process, but especially during this phase, Northwest will work with
the Engineer to provide input and analysis of the impact of engineering related plans.
While the Engineers' primary reviews will encompass transportation and utilities, any
planning activity which may have an impact on a portion of the City's infrastructure will be
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reviewed as to general acceptability.
The Master Plan phase will typically require two meetings for City review. The first will be
scheduled to consider an initial concept plan, and the second to review the draft of the full
section. Northwest will also conduct staff reviews with the City's staff as necessary to
discuss initial changes or alternatives for community consideration.
Master Plan Tasks.
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Preparation of Concept Master Plan and alternatives, as appropriate.
Meetings with Metropolitan Council staff.
Presentation of Concept Master Plan to City Planning Commission and City Council.
Development of Draft Master Plan chapter utilizing Planning Commission and City
Cduncil reaction to Concept Plan.
Development of subchapter plans supporting the land use element (transportation,
utilities, community facilities, parks, Critical Area Ordinance amendments, etc.).
Preparation of text portion of Master Plan chapter.
Presentation of Draft Master Plan to the City Planning Commission and City
Council. �
Finalization of Master Plan chapter.
MNRRA and Critical Area Planning District
Throughout the Comprehensive Plan process, th�e tasks related to the MNRRA portion of
the work program will be undertaken. Per the City's RFP format, we have developed a
separate estimate for those activities. However, many of the tasks are built into the
underlying planning process, and as such, do not stand out as distinct activities.
Therefore, the separate budget item for the MNRRA program reflects a slight budget
savings accounting for overlapping meetings and other efficiencies. Northwest has
participated in numerous federal and state river recreation and protection programs,
including Mississippi National Scenic Riverway activities in both Goodhue County (Red
Wing) and Sherburne County (Elk River).
Implementation
While the work of Comprehensive planning is largely complete at this point, little value will
come of the planning effort without a significant level of attention to how the elements of
the plan will be implemented.
A summary section to the City identifying the City's options for integration of the
Comprehensive Plan into the decision making framework of the City will be drafted. The
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tImplementation element will include an Implementation strategy to make the necessary
revisions to the Zoning Ordinance, including the Critical Area Ordinance, to be consistent
' with the Comprehensive Plan. Meetings with the City staff, the Planning Commission and
City Council will be necessary to discuss implementation strategy and prioritize projects.
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Northwest will conduct the presentation of the plan at the required public hearing, and
assist with the preparation of the documents for review by the area jurisdictions, including
the Metropolitan Council.
Implementation Tasks.
, 1. Prepare Implementation section to City Council.
2. Prepare an Implementation strategy to allow the City to make the necessary
' revisions to the City's Ordinances to be in compliance with the Comprehensive
Plan.
3. Meeting with City Planning Commission and City Council to discuss Implementation.
� 4. Prepare for and conduct public hearing on Comprehensive Plan adoption.
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NorthwesfAssociated Consu/tants, Inc. May 1997
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City of Mendota Heights Comprehensive P/an
Project Budget '
' Following is a breakdown of our estimated project budget for the City of Mendota Heights
Comprehensive Plan. We would propose to complete the project as described in this
proposal for the not to exceed fee listed below. This fee would include all charges,
' including staff work, expenses, and the cost of printing all draft reports and other materials.
Moreover, this fee includes all work involved in preparing the Critical Area Plan and
' Ordinance updates. A breakdown is provided on the Proposal Budget Sheet, Exhibit C,
provided in the RFP.
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Issue Identification
Senior Staff: 60 Hours @$75 per hour -
Support Staff: 30 Hours @$40 per hour -
Inventory
Senior Staff:
Support Staff:
Policy Planning
Senior Staff:
Support Staff:
Master Plan
' Senior Staff:
Support Staff:
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60 .Hours @ $75 per hour -
150 Hours @ $40 per hour -
60 Hours @ $75 per hour -
20 Hours @ $40 per hour -
90 Hours @ $75 per hour -
80 Hours @ $40 per hour -
Implementation
Senior Staff: 30 Hours @$75 per hour -
Support Staff: 25 Hours @$40 per hour -
Subtotal - Staff Charges:
Expenses*
Travel, Printing
TOTAL NOT TO EXCEED FEE:
$ 4, 500
1,200
4, 500
6,000
4, 500
800
6,750
3,200
2,250
1,000
$34, 600
3, 500
$38,100
"'The printing expenses in this quote include the cost of printing all reports and preliminary drafts of the P/an
or ifs in�vidual elemenfs. In addiiion, the cost of printing of 20 copies of the final draft of the Plan is induded
in this Budget. Addfional copies may be provided at additional cost. Upon request, a representative estimate
can be generated. In add'�on, one unbound original of all materials will b.e submiited, together will an electronic
version of the text.
Norfhwest Associated Consultants, Inc. May 1997
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City of Mendota Heights Comprehensive Plan
SECTION TWO - FIRM QUALIFICATIONS
Related Project Experience
' Over the years, the members of the NAC consuitant team have been involved in numerous
Comprehensive Plans, Plan Updates, and Ordinance preparation projects for jurisdictions
facing new development pressure in rural areas. In the following project summaries, we
' hope to illustrate the breadth of our experience, as well as the application of that
experience to the issues confronting the City of Mendota Heights. We highly encourage
you to contact these or any of our current and past clients, since we believe that those
' references are the best testimonial to our commitment to quality planning services. For
more project/client listings, please refer to the firm's qualifications client list in the brochure
packet. .
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Wayzata, Minnesota. Northwest has ben the City Planner for the City of Wayzata for over
twenty years. The City has a minimum amount of vacant land remaining, so with
Northwest assistance, has been concentrating on the redevelopment of housing and
commercial areas, as well as adding to its diversity of housing alternatives. A full update
of the Wayzata Comprehensive Plan was recently completed. Key elements of the
Wayzata Comprehensive Plan included neighborhood planning, redevelopment,
preservation, protection of environmentally sensitive areas, such as water bodies (Lake
Minnetonka) and downtown planning.
Contact: Tom Young
' 600 East Rice Street
Wayzata, M N 55391
612-473-0234
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Little Canada, Minnesota. Little Canada is a first ring suburb that has been built out, and
is in the process of planning for redevelopment of commercial and housing areas. The
recent preparation of the Comprehensive Plan was the stimulus for Northwest to prepare
a booklet for architectural design guidelines for commercial areas within the City. Armed
with this document, the goals and policies found in the Comprehensive Plan, the City of
Little Canada is pr.epared for commercial redevelopment proposals that will shape the City
in the future.
Contact: Joel Hanson, City Administrator
515 Little Canada Road
Little Canada Road
Little Canada, MN 55117
612-484-2177
Northwesf Associated Consultants, Inc.
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May 9997
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Oak Park Heights, Minnesota. Northwest has served as Oak Park Heights Planner since
1977. Northwest heiped Oak Park Heights with the development of its first full
Comprehensive Plan in 1980. The City is currently in the process of an amendment to this
Plan. Key issues involved in the Plan include anticipated growth demands, and a response
to loss of affordable housing, due to the construciion of the Highway 36 bridge over the St.
Croix River.
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Contact: Mike Robertson, City Administrator
P.O. Box 2007
Oak Park Heights, MN 55082
612-439-4439
Sunfish Lake, Minnesota. Since 1993, Northwest has served as the Sunfish Lake City
Planner. � Northwest staff reviews the City's development proposals, and has developed
a set of architectural guidelines for the community's new plats and buildings, as well as
assisted with a complete revision to the City's Zoning and Subdivision Ordinances.
Contact: Dr. Frank Tiffany, Mayor
369 Salem Church Road
Sunfish Lake, MN 55118
612-445-4024 (City Hall)
, Buffalo, Minnesota. Northwest has served as the Buffalo City Planner since 1983. In
that time, the City has grown from a population of 4,000 to 9,000. Northwest helped
BufFalo develop its first full Comprehensive Plan in the mid 1980's, and recently completed
' a complete update to that document. Buffalo serves as the market, government and
educational center for the Wright County Region.
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Contact: Merton Auger, City Administrator
_ 212 Central Avenue
Buffalo, MN 55313
612-682-1181
Albertville, Minnesota. Northwest recently completed a full update and revision of
Albertville's Comprehensive Plan. The primary considerations of the Plan included a
balanced tax base and related economic development matters. Northwest has served as
the Albertville City Planner since 1987.
Contact: Garrison Hale, City Administrator
P.O. Box 9
Albertville, MN 55301
612-497-3384
NorthwestAssociated Consu/tants, lnc. May 1997
� 14
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' City of Mendota Heights Comprehensive P/an
' Sauk Rapids, Minnesota. Undertaken as a special client project, a fuil update of the
Sauk Rapids Comprehensive Plan is almost complete. The primary focus of the Plan is
' " to guide new development activities for commercial, industrial and residential uses.
Contact: Robert Haarman, City Administrator/Clerk
' 115 North 2nd Avenue
Sauk Rapids, MN 56379
612-251-1022
' Watertown, Minnesota. Northwest has recentl com leted a full u date and revision of
Y p p
Watertown's Comprehensive Plan. The principal focus of the Watertown Comprehensive
' Plan was to provide a guide to new development and redevelopment activities, particularly
as those activities relate to housing supply and general growth location. An additional
' concentration was the integration of the City's facilities into a coordinated system so as to
better prioritize future community facility spending. Watertown is a rural center in western
Carver County. Its housing growth is related to the Twin Cities employment growth, but
' it retains its ties to the local agricultural economy. Creating a plan which accommodates
growth, but capitalizes on its many existing assets was a planning priority for Watertown.
Please refer to the project reference sheet in the Appendix for more detail.
' Contact: Sarah Smith, County Planner
PO Box 278
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612-955-2681
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Project Personnel
As noted in the introduction, Northwest has worked with local governments for nearly
twenty-five years. As an internal policy, Northwest conducts all of its Comprehensive
Planning activities with the full involvement of its senior staff, not just at the public
presentation stage. In Mendota Heights, Vice President/senior staff member, Stephen
Grittman would be involved in every phase of the Plan development and would be assisted
by Northwest staff members Daniel Sjordal, Cary Teague, and Madhulika Singh.
Stephen Grittman is the senior member responsible for the Mendota Heights project and
will serve as the contact between the consultant and the community. Mr. Grittman brings
over 15 years of professional planning experience in the areas of comprehensive planning,
site planning, zoning and subdivision re.gulations and plan implementation. Mr. Grittman
has degrees in Urban Studies, Business Management and Law with concentrations in
local government and land use. Mr. Grittman has recently completed comprehensive
planning projects in the cities of Watertown, Buffalo, Monticello and Little Canada. He will
be responsible for overall project supervision and will handle all public presentations and
hearings which will be conducted on the plan. Mr. Grittman will be particularly involved in
Issue Identification and policy development portions of the Plan.
Assisting Mr. Grittman will be Daniel Sjordal, a registered Landscape Architect with
Northwest. The nature of the Mendota Heights Comprehensive Plan will be focused on
maintaining, or enhancing, community form and environment since the City is largely
developed. Mr. Sjordal will provide expertise in interpretation of the community's aesthetic
values, and the translation of those values into the Plan, allowing the City to ensure
continued adherence to the natural beauty of its setting. Mr. Sjordal has recently
completed work on the Sherburne County Parks Master Plan, and is currently involved in
both Comprehensive Planning and extensive streetscape and enhancement design work
in North Liberty, lowa.
Two additional support personnel will take part in the project. Cary Teague is a planner/
analyst with more than seven years of planning experience. Mr. Teague is actively
involved in planning activities in Delano, Oak Park Heights and New Hope, and is currently
involved in the Oak Park Heights Comprehensive Plan update. Madhulika Singh is a
planner and architect with four years of experience, and recently completed work on both
the Alexandria/LaGrande/Carlos and Buffalo Comprehensive Plans.
As may be necessary, other �staff specialist from Northwest can be drawn upon if unique
issues or topics arise. Such need would be determined as the project progresses.
Resumes of the four specific team members is included in the Appendix.
NorthwestAssociated Consultants, Inc. � May 1997
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' City of Mendota Heights Comprehensive P/an
' SECTION THREE - PROJECT SCHEDULE
' On the following page, a chart of the Comprehensive Plan process is provided. We have
illustrated a work schedule which develops a Plan document for adoption by May of 1998.
Although this is an aggressive schedule, due to the significant amount of information and
' decision-making in a Comprehensive Plan process, we believe that such schedules help
the project's flow and consistency. Northwest is committed to meeting this schedule, and
has devoted sufficient senior and support staff toward that end. The primary sacrifices of
' shorter schedules are typically in the time available to review draft documents, and the
flexibility in meeting scheduling. To compensate for this concern, Northwest proposes to
' undertake an interisive organizational and communication program so as to assure a full
understanding of the issues and decisions at all levels, including the public, staff, and City
officials.
' Moreover, Northwest will maintain schedules and provide information in a manner which
allows for efficient review by the City. With a clear time line, and effective communication
' both within the community and between the community and the consultant, the City should
have the information necessary to� make the many decisions which are encountered in the
Comprehensive Planning process.
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City of Mendota Heights Comprehensive Plan
City of Mendota Heights
- Comprehensive plan �
Project Schedule
Month � Jul � Aug � 5ep � Oct � Nov � Dec � Jan � Feb � Mar I Apr
ISSUES IDENTIFICATION
Project
Initiation
Tactics
Interviews
Neighborhood
• Meetings
INVENTORY
Physical
Profile
Social
Profile
Economic
Profile
POLICY PLANNING
PO�ICy
Development
Goals & Policies
Workshop
MASTER PLANNING
Plan Element
Identification
Plan
Development
IMPLEMENTATION
Strategy arid
Prioritization
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• Public Meeting / Workshop
■ Public Hearing
Northwest Associated Consultants, Inc. May 1997
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City of Mendota Heighfs Compr�hensive Plan
APPENDIX
► Firm Personnel
► Firm's Qualifications
► Project Examples
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FI RM PERSQN N EL
FI RM PERSON N EL
FI RM PERSON N EL
FIRM PERSC�NNEL
F'I RM PERSON N EL
FI RM PERSON N EL
FI RM PERS4�1 N EL
FI RM PERSCJN N EL
FI RM PERSOP! N EL
FI RM PERSCJN N EL
FI RMI PERS�N N EL
FI F�M PERSC?N N EL
F'I F��1 �IER.��J� N EL.
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EMPLOYEE
1997 CHARGE RATES
(EFFECTIVE 1/1/97)
PRIVATE ITY
DAVID LICHT, PRINCIPAL ..........................90.00........76.50
BOB WUORNOS, DIRECTOR OF MARKET RESEARCH........90.00........76.50
DAN WILSON, DIRECTOR OF FINANCIAL ANALYSIS......90.00........76.50
ALAN BRIXIUS, PRINCIPAL .........................80.00........68.00
STEPHEN GRITTMAN, PRINCIPAL .....................80.00........68.00
SCOTT RICHARDS, SENIOR PLANNER ..................65.00........55.50
BOB KIRMIS, SR DESIGNER/PLANNER .................57.50........49.00
ELIZABETH STOCKMAN, PLANNER/DESIGNER............57.50........49.00
CARY TEAGUE, PLANNER/ANALYST ....................45.00........38.50
DAN SJORDAL, SENIOR DESIGNER ....................45.00........38.50
DAN LICHT, PLANNER/ANALYST ......................37.50........32.00
MADHULIKA SINGH, PLANNING TECHNICIAN............32.50........27.50
FR�1NK FREDERICK, FINANCIAL ANALYST ..............50.00........42.50
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SECRETARIAL:
' NANCY DUPONT ....................................35.00.........30.00
ANINA NIELSEN ...................................35.00.........30.00
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MILEAGE - .35 PER MILE
FAX - OUTGOING -$2.50 PLUS $.50 PER PAGE
- INCOMING - $.75 PER PAGE
PHOTOCOPIES - $.15 PER PAGE
SUPPLIES - COST PLUS 15%
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STEPH EN GRITTMAN
V I C E P R E S I D E N T
EDUCATION:
University of Minnesota Bachelor of Science, Urban Studies
Cardinal Stritch
College
California State
Polytechnic University
lowa State University
William Mitchell
College of Law
EXPERIENCE:
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� 1981-1983;
� 1978-1981:
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Bachelor of Science in Management
Urban Planning
Landscape Architecture
Current J. D. program, with emphasis in land use and related law
Urban Designer with Northwest Associated Consultants, Inc,
Land Use Planner with K. Bordner Consultants, Inc., Bloomington,
Minnesota
Landscape Designer with A. Art Braeger Construction, Upland,
California
AREAS OF SPECIALTY:
Community Pianning: Comprehensive community planning, policy planning and
� analysis, strategic planning and goal setting, community needs
analysis, growth management strategy planning, annexation
strategies and analysis.
Rural Development
Planning:
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Central Business
District Planning:
Comprehensive land use and policy planning, agricultural
preservation, rural residential zoning, annexation and
incorporation analysis, rural shoreland,
fioodplain, and wild and scenic river ordinance assistance.
CBD development and redevelopment design, land use analysis,
pedestrian and vehicular parking and circulation system analysis
and design, streetscape/storefront design, and historic
preservation,
Site/Project
Planning;
STEPH EN GRITTMAN
PAG E 2
Planning and design of commercial, industrial, and residential
development, transportation system design, open space and
recreation planning, public facilities planning and locationai
analysis.
Land Use Planning; Master land use planning, municipal zoning and subdivision
ordinance preparation, technical assistance and project review,
shoreland zoning preparation.
Park, Trail, and Open
Space Planning: Planning and design of parks and open space systems, park use
and needs analysis, park/trail system surveys, park site design,
PROFESSIONAL AFFILIATIONS:
American Planning Assoclation
Minnesota Chapter of American Planning Association
Minnesota Planning Associatlon
Sensible Land Use Coalition
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D A N I E L S J O R D A L
S E N I O R D E S 1 G N E R/ L A N D S C A P E A R C H I T E C T
EDUCATION:
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University of Minnesota
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EXPERIENCE:
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1995 to Present:
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1988-1995:
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1986-1988:
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Bachelor of Landscape Architecture
Senior Designer/Landscape Architect
Northwest Associated Consultants, Inc.
Landscape Architect
Damon Farber Associates, Minneapolis, MN
Landscape Architect/Planner
Pioneer Engineering, Mendota Heights, MN
AREAS OF SPECIALTY:
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Landscape Architectural
Design and Planning;
Comprehensive
Planning:
Assisting clients in the public and private sectors in the art of
design planning or management of the land from ahalysis and
conceptual design to contract documents,
Assisting local and regional governments in the preparation and
implementation of comprehensive plans addressing land use,
recreation, transportation, natural resources, landscape
planning and development management,
Recreational Planning: Integrating natural and man-made resources to allow for
recreational, athletic and passive activities to occur in a
functional, organized and site sensitive manner.
Environmental Planning: Providing analysis inventory information on the physiographic,
biological, cultural, demographic and economic characteristics
to assist cities in problem identification and analysis of
ecological and social impacts.
D A N I E L S J O R D A L
PAG E 2
Streetscape Design: Developing character and image for a town or street--creating
an area with a sense of place by the integration of color,
texture, materials, site elements and plant material.
Campus Planning: Preparation of comprehensive master plans, feasibility studies
and site specific design for education, health and corporate
campuses.
Park, Trail, and Open
Space Planning: Planning and design of parks and open space systems, park use
and needs analysis, park/trqil system surveys, park site design,
PROFESSI�ONAL AFFILIATIONS / LICENSES:
Registered Landscape Architect, State of Minnesota #22321
Registered Landscape Architect, State of Wisconsin #324
American Society of Landscape Architects
American Planning Association
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EDUCATION:
lowa State University
Ames, lowa
EXPERIENCE:
Oct. '95 to Present:
M A D H U L I K A S I N G H
P L A N N I N G T E C H N I C I A N
Master of Community and Regional Planning
Bachelor of Architecture in Architecture
Planning Technician with Northwest Associated Consultants, Inc.
Jan. '93 fio Dec. '94: Research Assistant, lowa State University ,
� Institute for Design Research and Outreach
� Dept. of Community and Regional Planning
May '92 to Dec. '92: Intern Architect with Panich & Noel Architects, Athens, Ohio
May '90 to Feb '92:
May '88 to May '89;
Associate with Design Multiples, India .
Intern Architect with Talathi/Panthaky & Associates, India
May '87 to Dec. '87; Intern Architect with Design Multiples, India
Apr. '86 to Sep. '86: Intern Architect with P.K. Consultants & Engineers, india
AREAS OF SPECIALTY:
, Comprehensive
Planning:
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Assist cities with the necessary background studies in developing
a comprehensive plan, Present and conduct workshops in the
community,
Land Use Planning: Update land use plans and prepare maps for the same. Study
flood damaged sites and recommend� alternate mitigation
possibilities.
Sustainabie
Development Planning: Plan and design residential development areas with integration
of natural site conditions, land use compatibility and
coordination of support services and utilities.
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Zoning Administration:
Market Research and
Feasibility Studies;
M A D H U L I KA S I N G H
PAGE 2
Technical assistance to municipalities in both the formulation
and implementation of zoning and subdivision regulations,
Assist clients with the necessary background studies prior to the
development of or changes to a site or region. Studies include
a thorough research and analysis of demographics, population
growth or decline, settlement patterns, land uses, zoning,
transportation, and all other physical, social and economic
considerations,
, Demographic Studies: Identify and forecast community growth patterns and
demographic characteristics for the purpose of comprehensive
. and project planning.
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Housing Studies: Survey neighborhoods and housing conditions as the preface
' for the preparation of housing needs assessment manuals and
planning/ development of new and/or improved residential
living environments.
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Transportation
Planning:
Computer Skills:
Survey Administration:
Architectural Design:
Inventory and analyze fixed route Qnd paratransit
transportation in regional areas in association with the t�se of
global positioning for real time data collection. �
Skilled on various Geographic Information Systems software for
projects in a variety of land use related fields.
Create, implement, and analyze both verbal and written
surveys for housing, transportation and land use projects.
Design and supervise building projects in residential,
commercial, and industrial applications. .
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F'I RM QUALI FICATIONS
FI RM QUALI F'ICATIC�NS
F1 RM QUALI FICATIONS
FI RM QUALI FICATIONS
F1 RM QUALI FICATIONS
FI RM QUALI F'ICATIONS
FI RM QUALI F'I�ATI4NS
FI RM QUALI FlCAT14NS
F'I RM QUALf F`IGATIONS
F'I RM QtJALI FICATION.c
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INTRODUCTION
Northwest Associated Consultants, Inc. is a private planning consulting firm based in the
Twin Cities of Minneapolis-St. Paul. The company was originally formed in 197� and for
the period between 1974 and 1979 was merged with Midwest Planning and Research, Inc.
Since 1980, the company has re-established independent operations.
Northwest specializes in service to local units of government although some private clients
are accepted. The company offers an integrated set of services in community planning,
real estate analysis, urban design, and economic/market research. Specific services
provided by the firm are as follows:
C O M M U N I T Y P L A N N I N G:
Planning Tactics - Policy Issue Identification and Evaluation
Preparation of Comprehensive Plans - Cities/Townships/Counties
Project Planning and Implementation
Housing Needs Analysis
Central Business' District Redevelop,ment
Traffic and Parking Studies
Annexation/Consolidation/Incorporation Studies
Land Use Code and Ordinance Development
Capital Improvement Programming
Technical Assistance to Local Government
ECONOMIC RESEARCH/DEVELOPMENT/REDEVELOPMENT
A N D F I N A N C I A L P L A N N I N G:
Land Use Market Feasibility and Absorption
Site Location and Facilities Planning
Attitudinal Surveys and Consumer Needs Assessment
Project Cash Flow Simulation - Fiscal Analysis
Tax Impact Studies
Economic Feasibility Studies
Market Penetration Studies, Consumer Surveys
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C O M P R E H E N S I V E F L A N S
A fundamental pianning service provided by Northwest to local units of government is the
formulation and updating of Comprehensive Community Plans. The company and its
personnel have served over fifty jurisdictions on comprehensive planning projects with
numerous repeat assignments reflecting the long term association which� Northwest
commonly experiences with its client.
REFERENCES:
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COMMUNITY
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POPULATION COMMUNITY
Albertville*
Alexandria
Alexandria Township*
Andover
Belle Plaine*
Branch*
Brookings, S.D.
Buffalo*
Burns Township (Anoka Co)
Cannon Falls
Cass County
Centerville
Clearwater
Corcoran
Cottonwood
Crystal
Delano*
Dellwood
Detroit Lakes
Faribault
Frankfort Township (Wright Co)*
Goodhue County*
Hanover �
Huron/Beadle County, S.D.*
Jordan
LaGrand Township*
Lake Elmo
Lakeville*
Linwood Township'" (Anoka Co)
Lino Lakes
Little Canada*
Mankato Township
Maplewood
Mendota Heights
1,547
8,183
4,454
7,714
3,190
2,417
24,357
7,578
2,401
3, 072
15,000
1,639
656
1,656
794
30,935
2,833
695
6,352
16,585
4,800
38,749
647
14,029
2,663
3,575
8,000
30,149
3,588
12,266
9,134
2,372
25,186
6,565
POPULATION
Minneapolis (NE Neighborhood)
Minnetrista
Monticello*
Moorhead
Mounds View*
New Hope*
North Liberty, lowa
Oak Park Heights*
Oakdale
Otsego*
Owatonna
Pope County Communities
(Cyrus, Starbuck, Villard)
Redwood Falls
Robbinsdale*
Rockford* ,
St. Augusta Township
St. Michael*
St. Paul Park
Sauk Rapids
Shorewood*
Slayton
Spring Park*
Sverdrud Township
(Ottertail County)
Thief River Falls
Tonka Bay*
Watertown
Waterville
Wayzata*
White Bear Lake
Windom*
45,000
4,500
5,293
32,094
12,433
21,853
2, 926
3,701
18,323
6, 000
15,341
2,055
5,774
16, 845
2,832
2,657
2,822
5,587
8, 946
6,000
3,454
4,380
1,163
8,010
1,397
2,459
1,679
3,640
25,430
3,952
*Repeat Clients
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� � VA�IDATI4N REGARDING C{JNF�IGT QF INTEREST
� Northwest specializes primarily in service to lacal units af government. However Some
private sectar ciienis are accepted. Clients from the private sector are accepted ot�ly in
� situations where their is na potential conflict of interest with any of our firm's past, present
or pending prajects or cor�tracts. Based upon our past, present and currentiy pending
client list, Northwest does not have any conflicts of interest that would impair our ability to
, provide the Ci#y of Mendota Heights fair and urtbiased land use planning services.
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COMPREHENSIVE PLAN UPDATE
ALBERTVILLE, MINNESOTA
The C'rfy of Alberfville, located 35 minutes northwest of the Twin Cities, is a small but rapidly growing
"bedroom" community. Residents are predominantly young families with children who commute to
the city centers of Minneapolis/St. Paul or St. Cloud and who chose to reside in Alberfville for its small
town appeal and affordable housing. The C'rfy, once a rural town focused upon agricultural activities,
is being transformed by the ever increasing population and resultant change toward a suburban
atmosphere.
The C'rfy was in need of a Comprehensive Plan Update to address a series of land use, transportation,
environmental, social and economic issues. Northwest played the lec�d role in this process which over
a period of 18 months, resulted in a thorough inventory of physical and social elements, analysis of
community-wide issues, creation of land use plans, development policies, and recommended
implementation options. Northwest assisted the C'rfy in resolving specific problem areas which
included the controversial annexation of outiying land areas, planned growth control, provision of life-
cycle housing opportunities, reorientation of the business corridor, improvements to enhance
transportation safety, and expanded industrial opportunities.
Northwest maintains an ongoing consuftant relafionship with the commun'rfy and is currentiy working to
address the zoning changes necessary to accomplish the goals and realize the plans prepared as
part of the Comprehensive Plan. Over the last year Albertviile has advanced significantly by using
these tools to aitract new business to community. Development plans in process include a
communiiy ice arena, senior housing development, bank, grocery store, outlet mall, health clinic, and
restaurant/bar,
� Principal Arterial � Mirror Collector ❑ Good - Few or No Limttatlons tor Developmant
� Minor Arterial � Local Road � Falr - Development Possible with Good Management and Proper Design
� Major Collector � Poor - Development Unsound or Not Possible
' Inventory map completed prior
to annexation showing the
functional class of roadways.
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Inventory map completed prior
to annexation showing soil
suitability for urban development.
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, Conceptual
Land Use
' Plan
Option A
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COMPREHENSIVE PLAN UPDATE
MONTICELLO, MINNESOTA
The Monticello Comprehensive Plan Update focused on Policy and goal-setting, The City's previous
Plan was ten years old, and did not provide guidance for the dramatic growth which the communiiy
was facing in the mid-1990's. The pace of growth in the area had overwhelmed Monticello's
infrastructure, and planning for transportation, sewer and water, and a new sewer treatment plant
were all in progress.
As a result, the commun'rfy needed to understand the impacts of this growth on its fiscal and social
' makeup. What kind of communiiy would result from this spurt of development, and what kind of
commun'rfy did Monticello want to grow into?
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To provide an answer to these questions, Northwest conducted a series of ineefings with individual
community members, as well as community organizations and neighborhoods. Monticello hc�d
grown up as a regfonal center on the Mississippi River, but the push of development was igrtoring the
River, and focusing toward the Twin Cities, where three quarters of the new res�dents were employed.
Downtown Area Concept Plans One & Two
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, COMPREHENSIVE PLAN UPDATE
CONTINUED MONTICELLO, MINNESOTA
, Conceptual
Land Use
' Plan
Option B
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The several meetings established that preservation of Monticello's small town environmenfi, a new
' emphasis on the Riverfront and revitalization of the downtown area were the consensus objectives.
This agreement on what was important to the communiiy led to a widespread accord on how to
address the new boom: redirect the growth to areas where Monti�ello commercial areas became
' the natural business centers, alter utility extension plans to avoid costly new main lines, and build a
communiiy process for new interest in the downtown as a"civic center".
, Implementation of the Comprehensive Plan policies and programs have included several projects.
Each department and commission has begun to develop anci prioritize their "wish list" of C'rty
activities according to the common objectives of the P4an. These will be considered by the C'rfy
' Cour�cil, and will eventually become the basis of the upcoming budget process. In addifion, the
City has undertaken a separate Downtown Redevelopment plan to address the specific market,
fiscal, and design issues present in this unique riverfront areas.
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Downtown Area Concept Plans Three & Four
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COMPREHENSIVE BICYCLE &
PEDESTRIAN TRAIL SYSTEM PLAN
OAK PARK HEIGHTS, MINNESOTA
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In 1995, increased area population as well as more resident demand for recreational opportunities
' wifihin the communiiy prompted the City of Oak Park Heights to undertake a Comprehensive
Bicycle & Pedestrian System Plan with the guidance of Northwest Associated Consultants. In direct
association with the Oak Park Heights - Baytown Township Trail Committee, a long-term plan was
' formulated with the goal of providing a multi-use trail system accessible and convenient for ail
residents of the City. The system eliminates the dangerous use of major streets and highways
(currentiy under or unimproved for recreation purposesj by pedestrians and bicyclists.
Issues including the lack of City-wide neighborhood connections to park areas and between
residential and commercial areas has created serious problems in recent years. This is due in part
to the City's physical configuration, as it is bisected by two major
„„„„„„ traffic corridors - State Highways 36 and 95. Additionally, the Clty is
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���� somewhat unique in that trails were neither planned nor
�� implemented by governing bodies in past years and
�_ �� therefore lacks the block by block sidewalk system as is
AtLLY�i typically found in older residentially plaited areas. The
_ ��1tlLq0 Nfl
� City and its residents have since realized that
��► � contemporary transportation needs vary
�------ �-� significantly from those of early City existence.
Eastern Oak Park Heights
O HNDOTHIGNWAIT 36 8 95 REALIGNMENi AAEA
O UND OUTSIDE [RY LIMITS
� FXISfINGPARKS
O PROPOSED PAAR
_ scHoo� ranuriEs
O MUHICIPAL/WASHINGi0Nf0UNfYFACIl1TIEi
O WEfLANDS/POHDING AREAS
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� IXISIINGSIUEWALKS/GRADE-SEPARATEDTRAILS
� IXISTIH60VERLAND7RAILS
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PROPOSED ON-STREET TMI LS - L6UL BOADS
PROPOSED OH-STREEf TRAILS - PAYED SHOULDERS
PROPOSED 6RADE-SEPARATED TRAILS
PROPOSED OVERIAND TRAIIS
UNDEFINED TRAIL/THROUGH ACCFSS
N RiH
400' 0' 400' B00' 1600' 240D'
To resolve these iss�tes, the Trail Plan
,y;-:;,� focuses upon the planning, design,
-�- and implementation of several s of
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provided both short and long term
solutions to pedestrian access issues
and were attainable both physically and monetarily.
Measures creating the least disruption to existing property owners
were focused upon by searching for unique solutions and use of
every available public sppce including connections through City
Hall property, ponding areas, power line easements, and shopping
center parking lots.
Western Oak Park Heights
� COMPREHENSIVE PLAN UPDATE
iNc WATERTOWN, MINNESOTA
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The City of Watertown is a free-standing communiiy of fewer than 3,000 in western Carver County,
wesfi of the Twin Cities. As new growth pressure has begun to make its ma�k in the area, Watertown
needed to develop a strategy for managing its development pattern to take advantage of the
aesthetic opportunities in the communiiy while simultaneously addressing necessary land use and
transportation needs. As pc�rt of the Ciiy's Comprehensive Plan Update, Northwest worked with the
Clty to crecrte a"gateway" concept which built upon the community's atfractive, small-town appeal
and provided a transition from rural to urban areas along the several two-lane highwc�ys into town.
fie coRidor development was further expanded through incorporation of the Crow River and the
Luce Line State Trail which meet within the Central Business District,
The Plan addressed the need to establish stronger trail and pathway links within the communiiy. The
primary focus of this was to capitalize on the Luce Line state trail which connects Watertown with the
region, Trailway enhancements were given a dual role by siting new trails in locations which serve the
transportation function, as well as improve the aesthetics of the communiiy's automobile corridors.
The result will be a better efficiency of use of the public rights-of-way, and more pleasing visual
experiences for passing motorists, cyclists, and pedestrians alike.
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P�oposal
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Con�tp�ehensive Plan Update
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1�IN�'RA G�ant Study
fo� the
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1Vlendota Hei hts
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by
McCombs Frank Roos Associates, Inc.
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McCambs Frank Roos Associates, Inc.
15050 23rd Avenue North, Plymouth, Minnesota 55447-4739
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' May 27, 1997
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Mr. Kevin Batchelder
� City Administrator
City of Mendota Heights
1101 Victoria Curve
� Mendota Heights, MN 55118
SUBJECT: Request for Comprehensive Planning Services
, MFR.A #9999
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Dear Mr. Batchelder:
Telephone
612/476-6010
612/476-8532 FAX
Engineers
Pianners
Surveyors
McCombs Frank Roos Associates (MFR.A) is pleased to submit this proposal for your Comprehensive
Plan Update and MNRRA Grant Study. We have enjoyed working with the City over the past year and
believe it would be beneficial to the City to have MFR.A undertake this project.
We present a team of planners for your Comprehensive Planning and 1��INRR.A Study:
♦ Lead P[anr�er - Meg J. McMonigal, 11 years experience as a planner, including as a staff City
Planner in Northfield and Apple Valley. Meg has a Master of Science Degree in Urban and
Regional Planning, is Certified by the American Institute of Certified Planners, and is the
Professional Development Officer of the Minnesota Chapter of the American Planning
Association.
Meg has completed plans and plan elements for the Cities of Rogers, Apple Valley, Northfield
and Hassan Township. Recently Meg has helped the Metropolitan Council review its Local
Planning Handbook and is responsible for a series of Comprehensive Planning Seminars put on
by the Minnesota Chapter of the American Planning Association.
♦ Sup�ort Pdanner - T/:eresa A Greenfield, 5 years experience as a planner, for the Vadnais
Heights, Carver and support for others. Theresa completed the Comprehensive Plan for the City
of Carver, and has worked on many plan amendments.
♦ Princi�al � Michaet Gair, 23 years experience in land use planning and regulation,
comprehensive planning, urban design, residential, commercial, industrial and mixed use
developments and redevelopment, environmental analysis, and project management. Mr. Gair
manages the public and private urban planning departments at MFRA.
An Equal Opportunity Empioyer
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Mr. Kevin Batchel er
� May 27, 1997
Page Z
� Mike has updated plans and plan elements for Woodbury, I�anaver, Hassan Township, and
Stillwater Tawnship. Over the past few years, Mike has worked closely witth the Metrapolitan
� Cauncil on haw to evaluate the Growth Clptions for the Metra Area.
As yau will see in our proposal, we have a keen interest in Comprehensive Planning and are particularly
� interested in facilitating Mendota Heights update. We have spent time reviewing the existing plan and
have provided some suggestions far the City in the form of an outiine and a tirneline,
� We believe it wauld be extremely beneficial and e�cient to have MFRA coordinate the planning
process in Mendota Heights. We look forward ta the opportunity to further discussing the project with
you and/or the Planning Commission and City Council.
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Kindest regards,
� McCOMBS FRANK ROOS ASSOCIATES, INC.
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Enclosure
e:main:proposals:mendota
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T��LE OF C NTENTS
I. APPROACH TO PROJECT 1
A. PROPOSED OUTLINE FOR COMPREHENSIVE PLAN:
� B. TIME SCHEDULE AND MILESTONES
C. CITY AND COMMUNITY PARTICIPATION
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II. MCCOM�S FRANK ROOS ASSOCIATES (MFRA) 6
A. FIRM BACKGROUND AND PRINCIPALS
B. PRQFESSIONAL URBAN PLANNERS
1. EXPERIENCE AND QUALIFICATIONS
2. PROFESSIONAL ETHICS
3. REFERENCES
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III. COMPENSATION 14
IV. RESUM�S
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APPROA�CH TO PROJECT
Comprehensive Planning Services
City of Mendota Heights
Page 1
' We appreciate this opportunity to work with the City of Mendota Heights to update its
Comprehensive Plan and completing the necessary work on the Mississippi National River and
Recreation Area (MNRRA) Grant. We have thoroughly enjoyed our work on current planning
! issues and wish to become involved in planning for the long range future of the community.
� Our approach in creating a Comprehensive Plan for the City is to begin with the end in mind.
We intend to present the City with a planning product that is useful in providing clear guidance
and direction for the future. We also approach the process as an important time to take stock,
� note accomplishments, see the interrelatedness of decisions and look to the future of the
community.
� Mendota Heights is nearly fully developed. The future goals and policies set forth at this
juncture should enhance and promote the qualities and character that are most highly valued in
the community. This plan provides the opportunity to refine policies from the existing plan and
I focus on specific areas of interest. These may be areas such as the airport issues, the river
corridor, housing, or others as identified in the initial fact finding interviews and workshop.
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Comprehensive Planning blends together the fiznctions of city government and plans for them in
a comprehensive way. We undertake comprehensive planning to take advantage of
opportunities, avoid conflicts and problems and to aid in providing excellent public service to the
community.
MFRA's planners believe strongly in the Comprehensive Planning process. It allows a
community to measure progress and lay a foundation toward the future. Beyond meeting
metropolitan-wide requirements, the plan should reflect a value system that is agreed upon and
distinctly expresses the spirit the community.
�ec�c A�proa�lt
On the following pages are the specific items requested in the RFP:
1. Proposed Outline for the Comprehensive Plan
2. A Time Schedule and Milestones
3. City and Cornmunity Participation
tThese are submitted as suggestions, and it is expected that they will be refined.
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A. Pro�osed 4utline far Comprehensive Plan:
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Comprehensive Pianning Services
City af Mendota Heights
Fage 2
Introduction to Mendota Heights
a. Backgraund - location, history
b. The Future of Mendota Heights - plan summary
Community Gharacteristics and Backgraund Data
a, Demagraphic data - population and housing statistics
b. Natural Resources - woods, wetlands, slopes, etc.
c. Econornic data - tax base, econ.omic develapment, etc.
d. Cultural Resources - majar roads, landmarks, etc.
e. Intergovernmental Coordination - H[R.A, County, State, etc.
Plan Elements
a. Land Use Plan
b. Hausing Plan
c. Parks and Open Space P1an
d. Transpartation Plan
e. Utilities Plans
1. water
2. sewer
3. storm sewer
f. Airport Policy Plan
g. Mississippi River Critical Area Plan
Appendix: �apital Impravements Plan
B. Time Schedule and Milestones
lVotes:
1. Timeiine is proposed for June 1997 - Decemb�r 1998
2. * indicates n�ileslones
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Comprehensive Planning Services
City of Mendota Heights
Page 3
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Comprehensive Planning Services
City of Mendota Heights
Page 4
City and Community Participation
We perceive the following areas to need the most aid and attention from the City Staff in
the Comprehensive Planning process:
.�ntea�views
We look forward to gaining a clearer understanding of community needs and issues via
the suggested interview process outlined in the RFP. Our role is to draw on the collective
community knowledge and perceptions to shape a plan to address areas that are vital to
the City. �
� Ma.�pinQ
Mapping on the City's Geographic Information System (GIS) will be immensely helpful
in the planning process. By working with the City Staff, we can create simple, relevant
� maps that help identify opportunities and predict issues for the City. Existing and future
land use can be updated with aerial photos, building permit data, development plans, and
surveys. Information from Dakota County, the Metropolitan Council and surrounding
� communities can be utilized as well. Field verification of data will be undertaken where
necessary.
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Technical EnQineerinQ �
It is noted in the RFP that the City Engineering Department will be provide technical
engineering support and data for the Water Resources, Transportation, Wastewater, Parks
and Open Space, and Water Supply areas. We would work directly with the Staff to
propose policies and format the information to be consistent with other plan elements and
to present them to the Planning Commission and City Council. ;
dPub.lic Information
We would work directly with the City Staff to plan and conduct workshops and
� neighborhood meetings, publish newsletter articles, and provide information updates
through Cable TV. It is important to gain input at strategic points in the process.
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MN.RRA Grant StudX
We will work closely with City Official as well as neighboring communities to complete
the necessary work related to the NINRRA grant study. This process will likely take
some coordination with City Staff and public officials when desired as a part of the
process.
Comprehensive Planning Services
City of Mendota Heights
Page 5
.�Plan, ning Commission and Citv Council
The specific Comprehensive Planning process will have to be authorized by the City
Council. Throughout the process of the plan, we propose that information be presented
regularly to the Planning Commission and City Council, as well as any other relevant
community or city groups.
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Comprehensive Planning Services
City of Mendota Heights
Page 6
McCOM�S FRANK ROOS ASSOCIATES (MFRA)
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Firrr� Background and Principals
McCombs Frank Roos Associates (MFRA) is located in Plymouth, Minnesota. MFRA
was founded in 1965 with beginnings as a municipal engineering firm. The name of the
firm was changed from McCombs Knutson and Associates to McCombs Frank Roos
Associates, Inc. in 1988.
MF�A now provides planning, engineering, surveying and environmental services to
federal, state, county and local government agencies and a select group of private clients.
The work mix gives our professionals the opportunity to concentrate or specialize in
individual areas of interest and gain experience in all facets of their chosen discipline.
Size..Qf Firm and Disci�lines
MFRA has one central office and is a sma11 to mid-size consulting firm with 45
full-time employees and 10 part-time or seasonal employees. Our part-time
employees include 2 professionals who have retired, but still work a reduced
number of hours, and 3 professionals who have requested a reduced work
schedule to meet family needs. MFRA stresses the development of human
resources within the company and maintains Human Rights Certification by the
State of Minnesota.
The following table shows the professional qualifications, and special
certifications of our employees:
's i li e
Registered Engineers
Registered Surveyors
Planners
Landscape Architects
Certified Soil Scientist
Environmental Scientist/Engineers
Wastewater Treatment Plant Operators
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2
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Comprehensive Planning Services
City of Mendota Heights
Page 7
'v' i ns
MFRA has four (4) operating areas or divisions: Government Services, Private
Services, Environmental Services and Surveying Services. In each area, we have
sought out and retained competent professionals and support personnel. Our
philosophy has been to only hire personnel in disciplines for which we have a
high demand. In that way, each professional maintains their expertise and up-to-
date knowledge of regulations and technological advances. In disciplines that are
needed on an occasional basis, i.e., materials testing, electrical engineering, we
have developed working relationships with quality specialty firms.
Government Services. This group provides general planning and
engineering services to several govemment agencies, with the primary
clientele being smaller municipalities. Our services include being the
municipal planner and/or engineer, completing Comprehensive or
specialized land use plans, updating ordinances, and completing water,
sewer and storm sewer plans and other special engineering projects. The
blend of roles in a variety of communities has given MFRA professionals
the benefit of a broad comprehension of the legal, social, technical and
political understanding of projects and issues in the communities we work
in.
Our professional planners have functioned as the City Planner or
' completed plans and projects for the cities of Anoka, Apple Valley,
Carver, Champlin, Columbia Heights, Fridley, Hassan Township,
Northfield, North Oaks, Rogers, Savage Stillwater Township, Vadnais
, Heights, and Woodbury. We have broad planning experience and intend
to expand our planning services over the next several years.
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Environmental Services. This group includes a wide range of
disciplines, all involved with the intricate and sensitive issues of
environmental engineering for governmental, private, commercial and
industrial clientele. The professional disciplines include water resource
specialists, a certified soil scientist (wetlands expert), environmental
engineers, environmental scientists, water/wastewater treatment engineers
and a certified treatment plant operator. We have on-going contracts for
water/wastewater treatment plants, watershed districts, and specific
contracts for a variety of large and small environmental projects.
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Comprehensive Planning Services
City of Mendota Heights
Page 8
' Private Services. This group is comprised of a separate group of project
engineers and planners that provide general civil engineering services to
residential, comrnercial and industrial clientele. The company adheres to
� strict policies regarding full disclosure and non-conflict of interest. On
many occasions, the contacts and knowledge of the private services groups
have been a valuable resource to the government agencies we service.
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Surveying Services. This group provides registered land surveying and
construction staking services. The registered land surveying work
includes boundary surveys and certificates, lost corner restoration, final
plat documents, aerial control networks, topographical mapping, easement
preparation and acquisition, legal descriptions and boundary dispute
resolution.
.Names Qf Prin�als tlnd T/ieir E.��rience
Gregory J. Frank, P.E., President - Mr. Frank has been with MFRA since 1973.
His background includes working with both public and private sector clients. In
his first 6 years with the company he was the lead engineer on the design and
construction of several wastewater treatment plants. Now Mr. Frank focuses his
efforts on the design and construction of residential, commercial and industrial
development projects.
Jeffrey J. Roos, P.E., Vice President/Secretary - Mr. Roos has spent his entire
30 years of engineering experience working in the public sector. Before coming to
MFRA in 1985, he served as Utilities Engineer for the City of Bloomington and
City Engineer for the City of Brooklyn Park. He has been active in the northwest
metropolitan area since 1973 and was the lead engineer for the Northwest Area
Study for the MWCC.
Paul A. Johnson, R.L.S., Vice President/Treasurer - Mr. Johnson is the head of
the surveying and mapping operations. An R.L.S. since 1974, Mr. Johnson served
as the Washington County Surveyor before coming to MFRA in 1980.
� Paul W. Pearson, P.E., Vice President - Mr. Pearson is the newest principal at
MFR.A. He has been with the company since 1977 and has worked extensively
with small communities and townships.
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MFRA has a tradition of promoting to the principal level experienced individuals
who have shown a commitment to quality and integrity. Principals lead by
example at MFRA.
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Professional Urban Planners
LEA.D PLANNER - MEG J. McMONIGAL
Comprehensive Planning Services
City of Mendota Heights
Page 9
Meg J. McMonigal is a City Planner with ten (10) years of experience. She has been a
� staff planner for the cities of Apple Valley and Northfield. Meg is the planner for
Mendota Heights, Stillwater Township and the City of Carver. She also works on special
projects with the City of Rogers, Miruietonka, Excelsior, and Roseville.
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Meg has a Master's degree in Urban and Regional Planning from the University of
Wisconsin at Madison. Her undergraduate degree is in Geography, with an urban
emphasis. Meg is enrolled in the Master's of Business Administration program at the
University of St. Thomas.
' Meg's experience is broad, ranging from completing long range plans for pazks and
transportation, to handling all aspects of land use, zoning and design review, to
� developing population and fiscal projections. Meg has also designed booklets to
communicate the goals and policies of the Comprehensive Plan and Zoning Ordinance to
citizens.
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Professionally, Meg is an active member of the Minnesota Chapter of the American
Planning Association, and is its Professional Development Officer. She also is a member
of the American Tnstitute of Certified Planners (AICP), Minnesota Association of Urban
Management Assistants, Women's Transportation Seminar, and the Urban Land Institute.
PLANNER - THERESA A. GREENFIELD
, Theresa Greenfield is one of MFRA's municipal planners. She has a Master's Degree in
Urban and Regional Studies and is a member of the American Planning Association. She
specializes in providing planning services to small and rural communities, and is a skilled
'' facilitator between private and public stakeholders. She has prepared Comprehensive
Plans, Specialized Land Use Studies, Ordinances and in-depth site plan reviews. Ms.
' Greenfield is knowledgeable of Federal, State and local regulatory processes and uses her
knowledge to advise communities on planning issues affecting them foday and in the
future.
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Comprehensive Planning Services
City of Mendota Heights
Page 10
' Other Suppart PrQf'es ��nals
Mike Gair is the principal planner of MFRA. He manages MFRA's public and private
� urban planr.ung effarts and landscape architectural services. These services include the
generation af site design concepts, land use plans involving small tracts of land to large
mixed use planned unit development, and entire city camprehensive land use plans. His
Larea af expertise involves formulating plans and strategies for the irnplementatian of real
estate developments for residential communities, business campuses, institutional
facilities, and master site plans. Mr. Gair will be responsible for project presentations to
� interest graups, governmentai agencies, j?U��1C rneetings and advocate the client's
interests.
tKathleen O'Connell is a Professional Landscape Architect with experience in the San
Francisco and Twin Cities metropalitan area. She is known for creative approach ta site
, design and planning. Her wark in the metropolitan area includes numeraus planning and�
design projects far private development projects and the cities of Vadnais Heights,
Rosemount/Apple Valley and Fridley. She has worked on large scale land use plans for
� the cities of Woodbury, Northfield, and Roseznount/Apple Valley, as well as Iarge scale
master site plans and land use plans in Woadbury, Maple Grove, and Burnsville.
� Keliy Bapray is a Certified Soil Scientist and MFRA's wetlands expert. He is trained
and experienced in wetland delineation, inventories, and wetland mitigatian, planning and
permitting. He is also ar� instructor in soil science and wetlands at the University of
, Wisconsin, River Falis. Mr. Bopray serves as MFRA's representative on Wetlands
Technicai Evalua#zon Paneis. He is the technical expert for those cammunities which we
serve that aze the LGU for the Minnesota Wetlands Conservation Act. Mr. Bopray is also
� skilled in Environmental Phase I Review, canducting histarical research and identifying
potential pollutian problems for environmental site audits.
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Comprehensive Planning Services
City of Mendata Heights
Page 1 i
1. Experience and Qualifications
Stillwater Townshin
As the Town Planner, Ms. McMonigal reviews and analyzes all planning and
development applications, staffs the Joint Planning Board of the Town and Ciiy of
Stillwater, represents the Township an special studies, recommends ardinance
changes and provides professional planning assistance to the Planning
Cornmission and Town Board.
Currently the MFRA Staff is undertaking the update of the Township's
� Comprehensive Plan for 1998. In the past, Mr. Cxair served as the Town's Planner
and completed several plan elernents including a transportation plan and a pazks
and trails plan.
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Ms. McMonigal is the consulting City Planner fax Mendota Heights. She
prepares ail pla��ning reparts, attends Planning Conzmissian meetings and
conducts affice hours at the City with planning applicants.
C� of Carver
The City of Carver retains MFRA's planners to work on projects an an as-needed
basis. Typically these are complex land develapment applications including
subdivisions, Conditional Use Fermits and rezonings.
MFRA updated the entire Comprehensive Plan for the City of Carver in 1996.
Theresa Greenfield was the primary staff in charge of the plan.
City of Ra�ers
Ms. McMonigal recently completed a Comprehensive Plan for the City of Rogers.
This plan is an agglarneration of several recent studies and was needed to provide
guidance in this rapidly growing area. Ms. McMonigal oversaw the submission
and follow up thraugh the Metropolitan Couneil review and implementation
process.
Hassan Town�hi�
� MFRA is currently preparing plan amendments far Hassan Township. In 1991,
MFRA completed Hassan's Comprehensive Plan revision.
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Comgrehensive Pianning Services
Ciry af Mendota Heights
Page 12
Citx af Northfield
Ms. McMonigal was Narthfield's City Plar�ner from 1993-1995. In that time she
staffed the Planning Commission, Park Baard, Design Advisory Committee and
City Council. She updated the �ite Plan, Zoning and Sign 4rdinances, reviewed
approximately 25 site plans and fiinctioned as Zoning and Sign Administrator.
Meg worked directly with the Park Board to develop a Comprehensive Park
Development Pian This plan resulted from the need to match needs with
resources, The plan gives the Park Board a system for reviewing requests and
upgrading the parks in Northfield.
Citjr of A�p1e `4��allev,.
Ms. McManigal was an Assaciate Plannex in Apple Valley for seven (7} years,
process numerous subdivisions, variances, rezonings and Conditional Use
Permits. She aiso served on several multi jurisdictional comrnittees, prepare
projections for future growth and complete several planning studies.
Ivleg worked with the Park Committee to update the Parks and Recreatian Plan,
and develaped a detailed Transportation element of the Comprehensive Plan
Professional Ethics
I�rIFRA's professional integrity is based an sound adherence to the cades of values
adopted by the societies of planners, engineers, architects, surveyors and
landscape architects. Our 30 years of experience and knawledge in planning and
design has produced long lasting client relationships based on trust, canfidence,
reliability and competency. 1l+IF`RA encourages professional developmeni, and
participation in professional associations to track industry trends and to keep
abreast af current planning and develapment issues and concepts.
� Our planners are members of the American Planning Association (APA) and Meg
is a member of the American Institute af Certified Planners (AICP). These
professianal associations have a Code of Ethics and Professional Conduct that
� defines a plaruier's responsibilities to the public, clients, emplayers, the
professian, colleagues and oneself. Our planners abide by and promote this code.
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Gomprehensive Planning Services
City of Mendata Haights
Page 13
Meg is the Professianal Development Officer for the Minnesota Chapter of APA.
As such, she has the respansibility of working towards advar�cing the professianai
practice and development af planners. This is accomplished through professional
development pragrams, professional certif cations and mentoring.
3. References
Dennis Welsch, Community Development Director, City af Roseville, 490-2232.
Glenda Spiatta, City Administrator, City of Carver, 448-5353.
Dan Ragness, Community Development Director, City of Rosemount,
322-202Q.
Richard Kelley, Community Development Director, City of Apple Valley, 953-
zs7�.
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Comprehensive Pianning Services
City afMendota Heights
Page 14
III. COMPEW�ATION
Our compensation is based on an estimate. It is expected the acival wark program will be
detailed in a cantract.
A. Comprehensive Plan Update
�zs,sao
B, MN}2RA Grant Study $1 l,OQ4*
* The cost estimate is based on the expectation that field wark will be a major
component. If the information is rnore readily available, this estimate can be revised to
reflect the actual amount of time necessary far field work.
Total
C. Rate Schedule
Lead Planner
Planner
Registered Landscape Architect
Wetlands Specialist
Civil Engineer
Word Pracessor
$36,500
$73.00
$65.00
$73.p0
$73.00
$80.00
$40A0
MFRA. does not charge for miieage, mailing, f� and only charges far capies and pnnts
above and beyond a standard amount.
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Name of Firm
Address
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CITY OF MENDOTA HElGHTS
PROPOSAL FOR PLANNING SERVICES
McCombs Frank Roos Associates, Inc.
15050-23rd Avenue North
Plymouth, Minnesota 55447
Contact Person Meg McMoniqal
Phone Number 476-6010 Fax Number 47ti_gs��
I have fuliy read and understand the request for proposals issued by
the City oi� Mendota Heights for Comprehensive Plan Update and MNRRA
Grant planning services and hereby p�opose to provide such services to the
City on a cost-plus-materiais basis at a"not-to-exceed" cost of:
Comprehensive Plan Update
MNRRA Grant Services
S
$
25,500
11,000
I further understand direct related expenses are eligible for
reimbursement by the City, and i�have attached an itemized listing of
anticipated expenses stating the per unit cost of each. I have also attached
a list of each member of the firm and their billing rates.
Furthermore, I have attached a copy of all items specifically
enumerated in Section IV of the RFP - Instructions to Applicants.
Submitted for consideration by the City Councii of the City of
Mendota Heights th� 2 7 th day of Ma�, , 1997.
Signature
Title Senior Planner
This proposal a�i "�+�ired at�arl�rfients must be received by the City of
Mendota Heights no later than 12:00 noon on Monday, -A�6, 1997.
Seven (7j copies of the proposal should be sent or delivered to: Kevin
Batchelder, City Administrator, City of Mendota Heights, 1101 Victoria
Curve, Mendota Heights, MN 55118.
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CITY OF MENDOTA HdOKlS NPO/OSAL FOR KANNWO SEHVICES FOR COMrREHENSNf /LAN UIDATFJMNRRA ORANT STUDY
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Mc�`ombs 1��.�nk R�►os As�oci�ztes, Inc.
Meg J. McMonigal, AICF
Senior Planner
Education
Master of Science, Urban and Regional Planning, University of Wisconsin-Madison, May 19$5
Bachelor of Arts, Geography, University of Wisconsin-Madison, May 1992
Master ofBusiness Admuustration, University of St. Thomas, In Progress
� Experience
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1995 P�esent, Senior Planner, McCombs Frank Roos Associates, lnc.
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City of Mendata Heights - City Planner
Stillwater Township - Town Planner and Zoning Administrator
City af Rogers - Carnprehensive Plan Update
Cities of Minnetanka, Carver, Excelsior, Minnetanka, and Roseville - Consuiting
Flanner
1993-1995, Czty Planner, Ciry of Northfield, Minnesota
♦ Staffed Planning Commission, Design Advisory Board, Parks Board, and Zoning Baard
af Appeals. Wrote staff reparts, prepared agendas and minutes, pxesented recommenda-
tians and implemented decisions. Presented projects and recommendations to the City
Cauncil.
♦ Updated Park Development Pian, Transporta#ion Poiicy Pian anc� Land Use Pian; aided
in development of Sanitary Sewer and Surface Water Master plans.
♦ Reviewed all commercial, industrial, and residential development projects; Zoning and
Sign Admuustrator: interpreted and updated zoning, site plan and sign ardinances;
processed requests, wrote reports and presented recammendatians.
♦ Coardinated City Staff in review and implementation of development projects and
various municipal issues. Supervised planning interns on mapping, housing, transparta-
tion and ather research and special projects.
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Meg J. McMortzgal, AICP
Page Twa
19$6-1993, Associate Planner, Ciry afApple Yalley, Minnesota
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Updated Transportation Policy Plan, Parks and Recreation Plarx, portions of Land Use
Plan; prepared annual Capital Improvements PIan.
Anatyzed commerical and residential development site requests, incl�dizig site pians,
xezoning, subdivisions and variances. Updated ordinances as needed.
Staffed the Parks and Recreation and Urban Affairs Citizen Advisory Committees.
Deveioped projections for papulation and park dedication funds.
♦ Created a"Citizens Guide to the Comprehensive Pian" and a"Zoning Warkbaok" ta
explain and comrnunicate the goals and policies of the Camprehensive Plan and the
zoning ordinance to city residents.
Frofessional Activities
� Arnerican Institute of Certified Planners (AICF)
Arnerican Planning Association
Professional Development Officer, Minnesota Chapter
� Minnesata Association of Urban Management Assistants {�UTAUMA}
Women's Transportation Seminar (WTS)
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MeC'o�nl�s F�ank Roos Associat`es, .�nc.
Theresa �reenfield
Planner
Education
1992,1vlaster o£Arts, Urban and Regional Status,
Mankato State University, Mankato, l��'innesota
1987, ]3achelor of Science, Home Economics,
Mankato State Uruversity, Mankato, It�irinesata
Experienee
1992-3?resent McCombs Frank Raos Associates, Inc.
1991-1992 �ames R. H'ill, Inc.
1.989 Faribault Caunty - Planning Internship
Projeet Ex�erienee
Cityplanning Services pravided to variaus public clients, which have included the follawing type
of studies and reports:
♦ Pazks Needs Analysis
♦ Pazk Land designitayout
♦ I�ZUSA Line Amendment Application
♦ Comprehensive Plans
♦ Camprehensive Plan Arnendments
♦ DNR Shoreland Regulations
♦ Environmentai Assessment Worksheets
♦ Floodplain Regulations
♦ Site Plan Reviews
♦ StaffReports an Various Applications
Special Sl�zlls
Draf�ing and plan presentatian skills; excellent written and orai communication skills; IBM and
Macintosh experience; WordFerfect, Microsoft Word and Excel; Harvard Graphics, Quattro Pro
and ather saflware experiencs.
1tlembership
Minnesota Chapter af American Planning Association
McComb,s F�ank Roos Assoczates. Inc.
.��ieh ael J +��ci;�, AS��1.
Yice President
Planning, irlrbrun Design and Infrastructure
Education
BachelorofLandscape Architecture withDistinctian, Univexsity of Minnesota
Continuing Educa�ion Credits, Real Esta.te Development
PrafessianalDevelopmentCourse, HarvardUniversity Graduate SchoolofDesign
&usiness Experience
1991-Present.
1996-1997:
199Q-1996:
19$2-1990:
19'79-1982:
1978-1979:
19'75-1978:
1974-1975:
Professional
RegistYationl
Af�liatians
McCambs Frank Roos Associates, Inc.
$RW, Inc.
McCombs FrankRoas Assaciates, Inc.
Gair & Associates, Division ofKidde Consultants, Inc.
Gair & Assaciates, Inc. �1972 to 1992j
WestwoodPlanning andEngineering, Inc.
Howard Dalgren & Associates, Inc.
Midwest Planning and Research
UrbanLandInstitute -Associate IVlember
National Association of Industrial and Of�'ice Praperties
American Society ofLandscape Architecture
MinnesotaSociety ofLandscapeArchitecture
AmericanPlanningAssociation
SensibleLandUse Coalition
CitizensLeague
1995 MNAPADistinguishedProjectAward
MinnesotaShopping CenterAssaciation
Henry David Thoreau Society
Project Experience
Mr. Gair is experiencedin landuseplanning andregulation, comprehensiveplanning,urbandesign,
residential, cor�unercial, industriai andmixed use developments andredevelopment, environmental
analysis, parkplanning andprojectmanagement.
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Michael J. Gair, ASLA
Page Two
Land Use Flanating,
Corri�or Studies and
Sites Reuse
Mr. Gairr has prepared site plans, mixed use planned unit developments and subdivisionplans for
majarurbandevelopmentthroughauttheMinneapolis-St. Paulmetropolitanarea. Hehasprocessed
complexpla�nningrequests involvingland-use amendments,MUSA extensions,rezonings, variances,
canditianal-usepernuts and enviranmental review. Pianni�ng studies and docurnen�,s include b0-acre
to88Q-acreindustrialparkmasterplans,1300-acreto3S00-acreland-usesectorplans,municipal
parkand hailplans, transpartationplans, ahighway carridorpian,detail design ofnaturecentexs, a
native Tamarack Preserve, a County Government Centermasterplan, a State Veterans' Home
Siting study, and a7530-acre U afM MasterLandUtilizationPlan.
Suburban
�evelopment
Mr. Gair's expenence in real estate development advocacy includes an e�ciensive array ofresidential
developmeLlts, ranging insize fram small, high-vaule senitive sites to lazge parcels, and infall and
redevelopment sites. These are lacated in ColumbiaHeights, Edina, Woodbury, Maple Grove,
Minnetanka, Burnsville, Eagan, Savage, BrooklynPark, Oakdale, Shorev:iew, EdenPrairie and
Plymouth. Carnmercial and industrial property experience includes canceptualized land use planning
and site reuse studies, site design, and a religious institutian campus masterplan,
Environmet�tal
Impact Reports
Mr. Gairhasmanagedtheprepazation afdesignplans in�volving theprotection ofnatural resoures
andwetland systems, andhas conductedresearchassaciatedwithwetlandmitigatian, waodland
andslopeprotection.Mr. Gairhaspreparedenviranmentally soundplanningdocumentsforprop-
erty adj acentto river and creek cooridors and has participated inthe preparation afenviammental
impactlassessmentstatements. Mr. Gairhasextensiveexperienceindevelopingsiteplansrepansive
to natural resaurces and market expectations.
Mr. Gairhasplannedand designed masterpark andtrail plans, specificparkplans, andEnd-Useplans
for a dolonute quarry and a metrapolitan area iandfill site. Original master concepts for SunsetLake in
Bumsville, WoodburyTamarackPreserve, VeteransParkinRachfieldandtheRudyKraemerNahue
PreserveinBurnsvillewerepreparedwithMr. Gair's supervision,
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� Michael J. Gair, ASLA
Page Three
� PublzclPrivate
Facilitation
� Activities
Mr. Gairhas participated in specialized activities such as industrial land expansion, highway corridor
� studies, ,,old-townvisioning," highestlbestuse studies, radial'TV antennasiting, goifcourserouting,
expertwitnesstestimony, site develapmentguidelines/standards, and annexation.
� Mr. Gair has 22 years af experience participating in ciTy/landowner/developer negotiations and
nei�hborhoodJcitizenpublichearings. Hehasmanagedmultidisciplinarydevelapmentproposals
� involving complex land use, zoning, fiscal, market, legal, and environmental issues. The pursuit af
consensus building and commonunderstanding throughout the pubiic review/hearing process is a
constantgoal and source ofpersonal gratificatianforhi.m.
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Mc ombs F�ank Roos Assoczates. Inc.
.I{athleen A. O'Co�znell
Registered Landscape Arcltitect/Urban Design anc�' Planning
Education
BachelorafLandscape.Architecture, University ofMinnesota, St. Paul
Masters in Teaching, College of St. Thomas, St. Paul
BachelorafFineArts,University ofMinnesota, Minneapolis
Project Experience
�b ' r ' ct
♦ CityofAnoka-MasterPlanandpreliminarygradingfor22acreneighborhoodparkincluding
aborei�zmlgarden focal area. Comprehensive amenities package for 304 acre Industrial Park
including: BoulevardPlanting, Landscape Guidelines, LandscapePlanReviewChecklistand
Master Plan for stormwatex retentian Pond Area Park and trail.
♦ CityofVadnaisHeights-CityCenterMasterPlan,NeighbarhoadParkMasterPlan,Vadnais
Heights Elementary PazkMaster Plan, all involving public participarion design workshops.
Authored City Landscape Qrdinance and Comprehensive Parks Pian. Facilitated Develaper/
City Council designreview resolution,
♦ CityofFridley-S.W.QuadrantStudyDesignGuidelinesforhausingredeveloprnentproject
included altemate Master Flan Concepts attargetdensities and facilitated design workshops
with City Planning Commission.
♦ CalumbiaHeights-DesignGuidelinesfarSheffieldNeighbarhoodRedevelapmentProject,
♦ StillwaterTownship-MasterPlanandcontractdacumentsforArcolaHeightsNeighborhaod
Park, Tawnship Transporta.tion Study.
♦ CityofWoodbury-Markgrafs/PowerLakeLandUseStudyandRadioDrive/I-94LandUse
Study.
♦ City af Narthfield -Industrial Land Use Study.
♦ Minneso#aDepartmentofNaturalResources-AssistantplannerfartheRoatRiverTrail,an
abandoned railroad corridor in southeast Minnesota. Primary responsibilities included:
inventozy analysis, concept development, averall graphic coardination andproduction, trail
centerideationandpreliminarydesignwithadjacenttowns. Secondaryresponsibilitiesincluded:
design afthe planni.ng process, historical reseazch, design and ixnpiernentation afthe pubiic
participatian process, travel, public speaking, and cantact with community groups.
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Page 7'wa
�rivate Pra�.e�t
♦ LivingWordChristianCenter-MasterPianforChristianCampusinBrooklynCenter.
♦ Edward Kraemerand Sons -PUD Master PIan in Bumsvilie for existing quarry and landfili.
1995 MNAPADistinguishedPlanning Project. RudyKraemerNature Preserve.
♦ Gladstone - 360 acre residential PUD in Maple G:rove with diverse housing types and
ecologically sensitive approachinareawitiaextensivewetlands,flaadplains, creek, andmature
woodlands.
♦ Dufferin Development Ca. - Preliminary Site Analysis and Canceptual Site Plans for land
developmentanalysis.
♦ Tra�unel Crow Residential - 45 acre PUD in Woadbury with high density residential,
carrmnercial, county library and fizhue city indoarpark.
r: �r � i t �� • / � tr
♦ AdultCommunityinOakley,California-Projectn�anagementandconceptualdesignfora362-
� acre retirement community, including a golfcourse and extensive lagoon system.
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♦ CJeneticChildCareCenter,SauthSanFrancisco,California-Projectmanagement,project
design and construction documents.
♦ ' Chiltren Estates, Hiilsbarough, California - Enrtry court and garden designs far a 10-acre
European-style estate.
♦ UniversityofCaliforniaBotanicalGardens,Berkley,California-Llesigndevelopmentand
constructiondacuments forentrypatioloverlook.
♦ ParkCentral,Phoenix,Arizona-Projectmanagerandschematicdesignfarmajorurbanplaza
andrenovation ofexistingshappingmall.
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1 QO First, San Francisco, California - Proj ec# management, schernatic design, and design
developmentforroofgarden in downtown SanFrancisco.
WestinHotel, Millbrae, California-Projectmanagement, designdevelopmentand conslrucfion
documents far 7-story hotel.
Standfard Medical Center Entry, Palo Alto, California - Project management and project
design.
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Page Three
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Cowper Square Hotel, Pa10 Alto, Califomia- Proj ect management, design develapment, and
constructiondocuments for aEuropean-style couriyard overparking structure.
Mantgomery Ward, Concord, Califom�:ia- Projectmanagement, project designand consiruc-
tion documents far entry caurt and emp2ayee dining area.
5tage Coach Road Park, San Ramon, Califarnia - Design development and construction
dacuments for a community park.
1,84QAcres,Austin, Texas-MasterPlanandsubdivisionlayoutfaraplannedcommunity.
�ity afDanville, California-Prajectmanagerfor5-boakletsetofdesigng�idelines, including
Residential, Streetscape/EntryPoints,Hillside/Ridgeline,HistoricDowntownandCommercial.
♦ Playa Vista Master Plan, Los Angeles, California - Design for mazina commercial area,
deveiopment of streetscape and gateway systems, amenities pragram far neighborhoad
�ommunities, core areapazking study formixeduse development, and site systems development
ft�r a 1,404-acre conununity.
14war�s
Faculty Award for Outstanding Achievement in the Study af Landscape Architecture,1981
National EndowrnentfortheArts grantfaxthesisproject,1981.
Scholarship for Outstanding Academic Achievement,1979 and I 980.
Registration and Memberships
Registered Landscape Architect, Minnesota
Registered Landscape Architect, Califarnia
Member ASLA, mernber executive board Minnesota chapter
MemberAPA
Member MRPA
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Certified Professional Soil Scientist
' Wetlands Speciali�t
University Wisconsin River Falls; AdjunctAssistantProfessor
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1985-1987, M.S. Agronomy: Emphasis - Soil Science
1981-1985, B.S. Agriculture: Major - Soil Science
Professional Affiliations
American 5ociety of Agronomy/Soil Science Society
Soil and Water Conservation Society
' Minnesota Association of Professional Soil Scientists
Society of Wetland Scientists
University of Wisconsin-River Fa11s; Plant & Earth Science Department
Employment History
1992-Present:
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Soil Scientist/Wetlands Specialist
McCombs Frank Roos Associates, Inc.
Plymouth, Minnesota 55447
AdjunctAssistant Professor
University of Wisconsin-River Falls
River Falls, Wisconsin 54022
Staff Scientist: Earth Science Unit
Braun Intertec Environmental
Mendota Heights, Minnesota 55120
Soil Scientist
U.S Sugar Corporation
Clewiston, Florida 33440
Instructor/Researcher: Plant & Earth Science Department
University of Wisconsin
River Falls, Wisconsin 54022
Graduate Research Assistant: Agronomy Department
South Dakota State University
Brookings, South Dakota 57007
d'rojectExperience
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♦ Conducted system siting and sizing investigations for community on-site sewage disposal
systems in Lake Allie and Hanover, Minnesota.
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tKelly J. Bapray, �`PSS
Page Two
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Coi�.ducted several detailed and reconnaissance soil evaluation and mapping prajects
including the use of Graund Penetrating Radar in Flarida.
Operated a soil testing laboratory for a lazge agricultural corporatian.
Fai�ticipated in field research onthe spatiai variability of soils innarthern Wisconsin as part
af a LJWRF research praject.
Investigated long-term irrigation of wastewater effects on craps, sails, and groundwater
for City of Dassel, Minnesota. and Bongards' Creameries, Bongards, Minnesota.
Investigated impacts to groundwater from leaking wastewater treatment ponds for Mid-
America, Winthrag, lViinuesata.
Deveiaped Biosotids Land Application Management Plans for AMPI, Dawson, Minnesota
arnd Bangards' Creameries.
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♦ Identified, delineated and invenioried wetiands using the Federal Manual for Delineating
3tu�istlictional Wetlands along SOU miles of natiu�al gas pipeline corridor in Niinnesota,
V��isconsin and Michigan.
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Investigated the e�rtent and depth ofpeat deposits as it related to stability for caxistxvctian
of a natural gas pipeline. �
Identified and delineated wetlands for deveiopment projects throughout the Twin Cities
Metro Area.
♦ Completed and developed permit application materiai including, evatuation of aiternatives
to wetland impacts, evaluation af existing wetland functions and values, and deveioped
�vvetlandmitigatianplans underthe Carps ofEngineers 404wetlandpermit, theMinnesota
Wetland Conservation Act.
♦ Delineated jurisdictianal wetland limits, and established limits af regulatory authority on
severely disturbed wetland sites in Elk River, Minnetonka, Dayton, Hasson, Woodbury,
�horeview, Wlute Beaz Lake, Eagan, and Maple Grove.
�',v _t2.StI'i-f��ion Mon'to; rfng
♦ �Yionitored the construction of a wefland mitigation proj ect that created 14 acres of scrub
shrub swamp and cattail marsb in Deeruvood, Ivlinnesota.
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Kelly J. Bopray, CPSS
Page 2''hree
a Monitored a pipeline construction project for permit compliance, environmental protec-
tian, erosion control and restoratian of streams, wetlands, upland topography and
vegetation in Wisconsin and Michigan.
nvirofzmenta ite ssessments
Conducted Phase I and Phase II Environmental Site Assessments as part of Iegal property h�ansfers
for clients including:
Dufferin Development-�oodbury, MN Dufferin.DeveXopment-BraokZynParX� .tl�V
Lakeville Develapment-Lakeville, MN Living Word Christian Center-
Mission Farms-Plymouth, MN Brooklyn Par7� MN
Ragers Industrial Fark-Ragers, MN Monticello Business Center-
Gene Louismet-Plymouth, MN Monticello, MN
` Specific Project-Related'Experience Highlights:
♦ A,MPI-Dawsan, i�ZN - Developed a wastewater treatment biosolids tnanagement
' plan for a dairyprocessingplant to guide the land application
o, f biosal ids and whey,
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C
♦ A11�IPI-Blair, Wi - Investigated construction and operational recards of a
lvastewater treatment pond to determine compliance with
YYisconsin wastewater pand regulations.
♦ Wal-Mart-Forest Lake, MN- Delineatedwetlandsanal �acresitefararetaiidevelopment.
Negotiated a Corps of Engineers individual permit for S. 7
acres of wettand impacts and 11. 4 acres of nff-site mitigation.
Monitored constt•uction of the mitigation site artd erosion
' control practices on the development site.
♦ Greenberg Farrow Arch. Documented historical use of a site to demanstrate existing
Minnetonka,141N - wetland areas were exemptfram State and Federal regulations.
♦ City of Dassel, Minnesata- Evaluated the ireatment eapacity and current operating
conditions ofa municipal wastewater spray irrigatzon system.
♦ Daniel Development, Assisted in the design and wrote the wetlands report, miti,gation
Plymouth, Mirm.esota - plan, and permit applications for a 92.1 acre private
development, znvolved 32 acres of wetland and one acre of
wetland impacts.
��
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CITY OF MENDOTA HEIGHTS
MEMO
May 29, 1997
To: Mayor and City Council
From: Kevin Batchelder, City Adminis�
Subject: Consider Request for ponation from Dispute Resolution Center
DISCUSSIOIV
In November 1996, the City Council approved a donation to the Dispute Resolution
Center in the a.mount of $500 to help support the Center's operations and ensure that their
services will be available to Mendota Heights and its residents. The Dispute Resolution Center
provides mediation services to communities, individuals, neighborhoods, etc. We have
received another request for a contribution for 1997. (Please see attached letter from Mr.
Timothy Hedeen, Executive Director.)
According to their scale for annual financial contribution for municipalities, the
suggested contribution for Mendota Heights would be $1,000. In 1996, the City Council made
a contribution of $500, however, the Council also indicated that our donation was not to be
construed as an annual contribution. If the Council desires to fund this request, the money
could be allocated from the Contingency Fund.
Mendota Heights has used the services of the Dispute Resolution Center on several
occasions in recent years, sometimes successfully, sometimes not. A letter from Ms. Nancy
Leland, a resident who is a volunteer mediator with DRC, indicates that 6 Mendota Heights
residents have used the services of DRC in 1997. (Please see attached letter.)
ACTION REO�UIRED
Consider the request for a financial contribution to the Dispute Resolution Center. If
City Council desires to honor the request, they should pass a motion designating the amount of
the financial contribution they desire to make and authorize staff to make a financial
contribution.
�
�
� ��
�``�
Dispute Resolution
Center
265 Oneida Street
St. Paul, MN 55102
612.292.779 t
fax: 612.298.5729
April 15, 1997
Kevin Batchelder
City of Mendota Heights
1101 Victoria Curve
l�iendota, I�eights, MN 55118
Dear Mr. Batchelder:
, — ,,..
_.--
,,�.-
The Dispute Resolution Center appreciates the contribution made bp the
City of Mendota Heights in 1996, and would request pour considera,tion of such a
contribution again this pear.
I will shortlp forwazd a copp of our 1996 9nnual Report to you, and
would like to highlight dzat our records show that Mendota Heights residents
directly benefited from our mediation services last pear. Residents were involved
in conflicts concerning neighbor relations, personal property, as well as other
small claims issues through our services in the Ramsey County Courts.
As I noted in a letter to pou last year, local cities have contributed to the
Center approxirriatelp per the following scale.
Cities with population under 10,000 �500 per pear
Cities with population between 10,000 and 20,000 $1,000
Cities with population between 20,000 and 30,000 �1,500
Cities with population between 30,000 and 40,000 �2,000
Cities wid� population between 40,000 and 50,000 �2,500
Please contact me at 292-7791 to let me know if this request fits the City's
budgeting process. Thank you for your considera.tion of this request, and please
recall that we are available to present to city staff on the most effective and
appropriate use of our services. -
Yours very trulp,
�/ �` �J`�
Timothp Hedeen
Executive Director
�
� C ity o�
::
.,,,,, • 1Viendota Heights
r�
November 25, 1996
Mr. Timothy Hedeen
Executive Direc�tor '
Dispute Resolution Center
265 Oneida Street
Saint Paul, NiN 55102
Dear Mr. Hedeen:
This letter is to notify you that the Mendota Heights City Council considered your request for
a financial contribution at their November 19, 1996 meeting. At this meeting, the Council
authorized a contribution of $500.
The City Council's willingness to pmvide this financial contribution is in recognition of the
several occasions in the recent past that we have referred matters to your offices for mediation
services, some of which were suc,cessful and some of which were not. The Council
appreciates the need for mediation services and recognizes the fact that you have costs for your
operation and facilities. The City Council indicated that this contribution was not be construed
as an annual contribution. '
The Dispute Res�olution Center has been helpful in the past as a resource for residents,
neighbors and community groups. We are appreciative that the services that you pmvide are
available.
Sincerely,
Kevin Batchelder
City Administrator
Enclosure
1101 Victoria Curve • Mendota Heights, MN • 55118 (612) 452-1850 • FAX 452-8940
�
Nancy Leland
One Beebe Avenue
Mendota Heights, Minnesota 55118
Phone: 552-9363
Mr. Kevin Batchelder
City Administrator
1101 Victoria Curve
Mendota. Heights, Minnesota 55118
Phone: 452-1850 '
May 1, 1g97
Dear Mr. Batchelder:
I am writing you as a resident of Mendota Heights and as a volunteer mediator with the
Dispute Resolution Center (DRC) in St. Paul to request a donation from the ciry for the DRC. I
was very pleased to hear that the city of Mendota Heights donated $500 in August of 1996 to the
DRC. I was also told by DRC staff that future donations from Mendota Heights might not be
forthcoming. In your deliberations about allocation of city funds, I thought the following points
wluch highlight the strengths and leadership of the DRC, should enter into your discussions.
l. According to DRC records, in 1996, approximately a dozen residents of Mendota Heights
utilized DRC mediation services. To date, in 1997, approximately 6 residents of the city have
used DRC mediation services.
2. Allocation of city funds to non profit organizations that use volunteers, helps support�
volunteerism in our community. As a resident of Mendota Height the city can help support my
work as a volunteer mediator by supporting the Dispute Resolution Center.
3. We are extremely fortunate to have staff at the Dispute Resolution Center that are strong
local, regional, and national leaders in the field of dispute resolution and mediarion.
Communities need to acknowledge the excellent work of this staff and take steps, including
providing strong financial support, to retain them. Salaries for staff must stay competitive on a
state and narional level. Other resources, such as a sufficient number of employees to manage
the growing amount of work, are needed to ensure high quality work and avoid "bum out"
among staff. Some of the accomplishments of DRC staff include:
• As in many other areas such as health care and welfare reform, Minnesota, once again,
emerges as a leader--this time in the field of dispute resolution/mediation. The training
manual used for the initial training of community mediators and written by Mr. Timothy
Hedeen, DRC's Executive Director, has gained national prominence and has the
reputarion of being one of the best training manuals available in the field. Several
organizations around the country currently use this manual to train mediators and the
requests for copies of the manual continue to increase. Organizations using the manual
and that perceive Minnesota as a leader in the field, include those in New York state,
which has the longest history and the most developed system of community mediation in
the country. Furthermore, this work is beginning to have intemational recognition as
well; recently a judge from Tel Aviv, Israel, requested a copy of the training manual.
• It takes a very skilled individual to run an organization that relies almost solely on
volunteers. Ms. Janeen Gawlik, Director of Mediarion Services, is responsible for many
of the activities associated with the volunteer mediators. Reasons for her success in
E�cv�rrvE SvNnv�xY
The Dispute Resolution Center believes people
can resolve disputes respecdully, without litigation, to
the satisfaction of all parties. Throughouc 1996, the
Center worked to support the peaceful resolution of
conflict through four program areas: Mediation and
Facilitation Services; Training; Outreach and
Education; and Prograzn Adminis�ration and
Development. .
The Center provides convenient, effective, and
affordable services to individuals, families, neighbors,
government agencies, businesses, community and
professional groups in the East Meuo area of the
Twin Cities. The Center conduaed over 250
mediauons in 1996, and approximately sevenry-two-
percent of these led to agreemenu between the pazties
involved. Another twenry-four cases were resolved
without convening a face-to-face mediation, and over
500 matters were screened and refeaed to more
appropriate services in the community. Overall, the
Center worked with nearly 2,500 individuals and
organi7ations last year.
The types of conflicu most commonly referred
for the Center's services were issues between
landlords and tenanu, consumers and merchanu,
neighbors, and family members. While a majority of
cases c�me to dispute resolution from the cour�
system, a considerable number amved through
community resources, ciry agenaes, legal and law
enforcement services, and personal word-of-mouth.
The goals of the Dispute Resolution Center are
much broader than providing mediation and
facilitacion services to intervene in conflicrs. Another
major focus of the Center's work is to provide on-site
community trainings and speaking engagements in
communication and conflicc resolucion. The Center
conducted nearly twenty such trainings and
engagemenu in 1996 to over 500 individuals, and
these sessions assisted many sectors of the communiry
to address conflict constructively and nonviolendy.
Among the groups that hosted or participated in
Center trainings last year were community
organizers, after-school youth programs, high school
studenu, communiry center staff, police recruiu, and
landlords and tenanu.
The Center also sponsored introductory and
orientation trainings to gain addiuonal volunteer
mediators, as well as a series of advanced trainings to
enhance the program's mediators' skills. In June, the
Center trained seventeen individuals through a six-
hour orientation for those who had previoiuly
received introductory mediation training. In
November and December, twenty-two more
individuals completed a course of nearly thiny hours
that followed the statecertified cumculum {or
communiry mediation. And throughout the year the
Center held four advanced trainings in creative
problem solving, co-mediation, impasse, caucus,
ethical dilemmas, and multiparry mediation to ensure
certificatioa and quality of services delivered by our
volunteer mediators.
Ouueach and education efforu have included the
development of new promotional materials, all of
which carry the organization's new logo. The Center
also under�ook a major outreach campaign with the
establishment of a Public Relations Committee, and
this committee coordinated meetings with many East
Meuo area communiry ocganizations that refer
disputes to the Center. Press coverage also increased
awareness of the Center's services, with articles in
both local daily newspapers, as well as an interview
on a moraing radio show. Additionally, the Center's
staff were frequent guest speakers at universities and
schools in the Twin Cities.
Alongside the Center's considerable services
�ctemally, the organization has continued to develop
and enhance iu own capaciry. Major strides were
made in the automation of case management duues,
and the new database application has received regional
and national recognition. The Center benefited from
the services of four interns and a new Executive
Director over the course of the year, and also grew
through the development and eYpansion of its Board
of Directors.
The Dispute Resolution Center had a very aaive
year in 1996, and looks forward to furcher growch
and business in the coming year. Many thanks are
due to those who faithfiilly and competently
supponed the Center's effores.
Dispute Resolution Center 1996 Annual Report � Page 1
T
�
TAs� oF CorrrErtrs
Mission Statement 2
Summary ofD.R.C. Activities, 1996 3
Mediation and Facilitation Seruices 4
Trainircg Services S
Outreach and Education Services 6
Program Administration and Development 7
Organizational Structure and Support 8
t
MISSION STATEMENT
./ The Dispute Resolution Center believes people can resolve disputes
respectfully, without litigation, to the mutual satisfaction of all parties.
J The Dispute Resolution Center advocates for managing disputes
peacefully through the use of problem-solving techniques that help build
strong feelings of community among people having greac individual
differences.
J The Dispute Resolution Center provides convenient, effective, and low-
cost services to the people of Ramsey, Dakota, and Washington Counties,
including:
• mediation in communities, courts, and schools;
• facilitation and conciliation;
• information and referral;
• conflict resolution training and education.
Page 2 Dispute Resolution Center 1996 Annual Report
SUMMARY OF DISPUTE RESOLUTION CENTER ACTIVITIES, 1996
-. • • •
Individuals Served � 1,600
Total Cases (excl. Info and Refl 475
Conciliations 24
Facilitations/Mediations held 259
Fac/Med with agreements 186
Frequent Party Relationships in cases
Landlord-Tenant 160
Consumer-Merchant 120
Neighbor-Neighbor 58
Information and Referral Cases 540
. .
Individuals Served � 250
Total Contact Hours 935
Trainings 17
Youth groups/agencies 4
Community/Social agencies 8
Professional Conferences 3
Colleges and Universities 2
Dispute Resolution Center 1996 Annual Report Page 3
MEDIATION AND FACILITATION SERVICES
The Dispute Resolution Center is the only
communiry dispute resolution program to serve the
F�ast Meuo area of the Twin Cities certified by the
Supreme Court of Minnesota. The Cen�er works
with thousands of individuals each year in Ramsey,
Dakota, and Washington Counties.
Mediation is the primary service delivered by the
Center, and over 250 cases were handled through face-
to-face mediation sessions. Of those c�ses mediated,
s
most were concluded in one session, and seventy-two-
percent resulted in agreemen�s between �he parties.
While another sevenry mediations did no� end with
an agreement, the Center's services are still beneficial
to the parcicipants' unders�anding and recognition of
their conflicts. The Center does not presume that a
mediation must result in an agreement to be
successful. Besides se�tlement, other benefiu of
mediation include contlict de-escalation, increased
understanding, and mutual recogniuon.
The vast majoriry of inediated cases involved two
parties, and many others involved three or four. The
Center is frequently asked to intervene in largegroup
disputes as well, and these sessions are considered
facilitations. The past year saw several cases addressed
through facilitation processes, and these involved city
and counry agencies, neighborhood b oups, and local
businesses. These matters centered around issues
including the proposed e.�cpansion of a bar-and-b ill's
patio, traffic and safery concems ac an elementary
school, municipal development issues concerning
propeny lines and new structures, and misperceptions
and misunderstanding arising from cultural•
differences in an apartment compl�c.
While many of the matters referred to the Center
are well-suited for mediation or facilitation, there are
many others that require other services. The Center
directed over S00 inquiries or service requesu to more
appropriate resources in the communiry last year.
This information and referral function is an
imponant aspect of the Center's services, as par�ies
may need ocher areas of assiscance alongside or instead
of inediation services. The most common of these
needed services are personal or family counseling,
legal advice or advocary, and govemmencal assistance.
Following each of the Cen�er's mediation or
facilitation sessions, par�icipants are asked to complete
a survey concerning the services delivered. From
these evaluacions, the Center is able to monicor the
performance of our staff and volunteers, and to
address any concerns that are identified. During the
past year, participanu' evaluations have demonstrated
high leveLs of satisfaction with the Center's work, and
a large majority indicated that they would use
mediation in the future for other disputes.
Many of the Center's mediations take place in
the conte.�ct of Conciliation Court or Housing Coun.
Volunteer mediators from the Center provide
information about the service at the outset of each
day's court sessions, and disputanu who opt for
mediation work with the mediators outside the
counroom. The advantages of inediation at this stage
of the coun process are many: mediated agreemenu
are far more likely to be honored than cour�
judgments, participants determine their own
outcome, and outcomes aze known immediately
instead of through the mail at a later date.
To compile a profile of the cases handled, the
Cencer maintains records on every referral, the
relationship between the parties, and the final case
disposition. In 1996, the largest number of referrals
came through Conciliation Court and an innovative
Conciliation Coun Appeals mediation pilot program.
Other common referral sources included communiry
organizations, the Citizens Service Office and other
Ciry of St. Paul agencies, Housing Coun, Ramsey
Counry agencies, and word-of-mouth.
The most common relationships between parties
in the Center's 1996 cases were tenant-landlord,
consumer-merchant, and neighbor-neighbor. Many
other cases involved family mesbers, acquaintances,
or employee-employer maaers. The topics in dispute
ranged from breaches of contract to barking dogs,
from properry lines to visitation arrangemenu.
Regardless of the referral source, the parties'
relationship, or the nature of the conflict, the Center
assisted parties in decerm,r,;ng the mosc effective path
or resource for resolving their disputes.
The Dispute Resolution Center is proud to offer
high-quality services in mediation and facilitation, and
is also proud to work alongside the many other
valuable social service resources and governmental
agencies serving the East Metro area.
Page 4 Dispute Resolution Center 1996 Annual Report
;�
TRAINING SERVICES
The Dispute Resolution Center enhanced and
e.�cpanded iu training services over the past year, and
saw a sharp increase in requests for services in this
area. Center staff and volunteers delivered trainings
to nearly twenry different organizations or groups last
year, and these varied in leng�h from one-and-a-half to
thirty hours, with audiences of as few as four to as
many as fifiy. This section o� the Annual Report
concerns only those trainings delivered to groups
other than the Center's volunteers; for informacion
on trainings for the volunteer mediators, please refer
to Program Administration and Development.
In all, approximately 500 individuals attended the
Cencer's trainings on interpersonal communication
skills, contlic� resolution methods, and facilitauon
techniques. Many of these trainings were conducted
as staff development workshops, while others were in
the cont�t of professional conferences or community
o ni�ar education.
In collaboration with Metropolitan State
University and the Dayton's Bluff Center for Civic
Life, and with support through the Kello�
Community Partnership Program, the Center
provided fifteen hours of training in incerpersonal
communication and mediation skills to block club
leaders and residenu on Saint Paul's East Side.
Through the Safe Cicy/Crime Prevencion Program,
the Center led three separate trainings for district
council staff and other community leaders.
The Center provided staff development trainings
in communication and conflict resolution to the West
Seventh Communiry Center in August, Teens
Nerworking Together in September, and the
L�cington-Hamline Community Council in
December. These trainings assisted the organizations
to address conflict boch inside and ouuide of their
workplace. As community resources, each of these
agencies will encounter situations involving angry,
upset, or otherwise agitated individuals and conflicc
scenarios; with skills training and practice, these
incidents may be addressed constructively and
effectively. Along the same lines, the Center was
included in the curriculum of the St. Paul Police
Academy to train new cadeu in December.
In terms of working with youth, the Cencer
conducted training programs for the Young Women's
Christian Association's Youth Achievers Counselors,
the Wilder Services' after-school program at the Wes�
Minnehaha Recreation Center, ar.d the Peer Mentors
program at the Face-to-Face Academy of the St. Paul
Public Schools. The Face-to-Face training involved
fourteen hours of training to high-school-aged
studenu who will provide training in this area to
Phalen Elementary students in 1997.
The Center staff �uas also busy ouuide of the
Twin Cities. In Oaober, Fxecutive Director
Timothy Hedeen delivered an advanced skills training
to the Mediation Assistance Program in Albany, New
York. Hedeen also presented with Joy Meeker on
"Dispute Resolution and Training Pedagogy" at the
New York State National Conference on Dispute
Resoluuon in Saratoga, New York. In July, he
presented a day-long workshop with William Waners
on starting and maintaining a campus mediation
resource at the National Association for Mediation in
Education conference in Baltimore,l�laryland
The Center is proud of the strength of iu
training program, as measured through paiticipant
evaluations of every training conducted. Trainings
are consistendy rated very highly by panicipanu, and
the feedback gained from evaluation forms is used to
further improve the qualiry of the trainings. Typical
commenu included:
• "t/ery good and infornzative "
• "Professional and kno�ledg�ble trainers "
• "7'he training �as very zvell organizec�
flo�ed �el� and -rvas fun!"
• ��7LS 7PJG1S C17PIOIZd2I�ll� ��1'1Cl2C2. n
These training programs reflect the Center's
commitment to increase the communiry's capacity to
peacefully resolve conflicts without need for our
direct services. The high demand for the Center's
training services has led to the development of a
brochure outlining some of the training packages
available through the Center. This brochure will be
completed and distributed in early 1997.
Dispute Resolution Center 1996 Annual Report Page 5
OUTREACH AND EI}UCATION SERVICES
Outreach and educacian effaru have induded the
deveIopment of new pramotiomal materia[s, alI of
which carry the organization's new logo. The logo
and accompanying typeface are the products of
donated in-kind services by Chuck Abruns, Art
Duec�tor af Ogtion One, an advenising agency. The
Center is grateful for Mr. Abracns's concribucian.
Last year's outreach initiatives were organized in
large part through the new Promocion and Public
Relations Commzttee, chaired by Board rnember
Karen Hollaus. The Commiccee coordinaced
meetings with most of the St. Paul districc and
community councils, and also seci.ued in-kind
danations to support the Cenrer's work.
Additionallp, the Cen�er's staff presented ta Crime
Preveation Coardinatazs at the West Side Safe
Neighborhaod Council in Febniacy and ta
comznunity orgaiuzers at a District Council Forum
in December.
The Center also received media coverage in the
two major Twin. Cities newspapers, the S� Paul
Pianeer Press aud the Mznrseapolis Star Tribune. In
June, the Aioneer I�ress consulted the Center in the
wake of a tra�ic incident arising from a property line
dispute, in an effort to make Ioc�I residents aware of
the apcions available ta them in resolving such
matters construcczveiy. And in September, a Star
Tribune article about gavernment resources on the
Internet cozzsulted the Center's Fxecutive Direccor
conceming use of the Minnesota legislature's World
Wide Web services.
The Cencer itself has a presence on the Intemet,
and the web page may be found at
http://wwwspacestar.net/users/tkhedeen/dre.h�m.
This site concains information on the mission of the
Center, iu services, staff, and contact information.
Alongside outreach and education via the press
and the Internet, the Center's staff presented widely
on varions issues retated ca communiry mediation and
alternative clispute resolution. .Among the lectures
given at Iocal coll bes and universities were:
* Universzty of A�Iinnesata Social Wark coutse
• Universiry of Minnesota Youth Studies course
• F[amIine TJniversiry Schaal af Law General
Practice Clinic •
• University of 141innesaca Car�son Schaal of
Mana�ement EYecutive M$A course
• Meuapolitan State University Canflict
Mediation course
• Ha�:nline Ucuversity Schaol of Law Alternative
Dispute Resolution course
Addicionally, the Executive Director was invited
ta gresenc on mediatzaa styles to an Alternative
Dispute Resolution course at Albany Law School in
Albany, New York. At the National Association for
Mediation in Education conference, he presented
"Some Assembly Required" on the nurs anci balts af
developing a mediation program. And in Oaober
Hedeen gave a seminar on "Linking Research and
Practice ut Dispute ResoIution" at the New York
State Natianal Conference on Dispute Resolution.
The Center also setves on the Ramsey County
Restoracive Justice Advisary Cammittee. This
cornrnittee hosted a day-long conference in
December, "Natianal Perspeccives on Restantive
Justice," and the event was well-attended by local
residenu, social service agencies, and government
branches. The Dispute Resaiutian Cencer provided
bcachure design and layout for the conference, and
continues to play an active role in the committee's
work.
The Cencer staff parcicipated in the regional
praceedixigs of the American Bar Assaciacion's
Ne;or.iacian Campetition uz November. Hedeen
served as a judge for the compeciuon, in which law
studenu work in teains of two ta n botiate cantracts
and other arrangements.
Other outreach activities included presentatians
to St. Paul City Cauncil mem6ers and staff, Sc. Paul
Mayor's office sta£f, many police and other municipal
services, aad local schools and organizations.
Page 6 . Dispute Resolution Center 1996 Annuai Report
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PROGRAM ADMIIVISTRATION AND DEVELOPMENT
While the preceding pages have cap�ured the
activities of the Dispute Resolution Center that were
focused �ternally, the organization's intemal
operations also grew considerably in 1996. The
Center's internal training programs were revitalized,
Board committees were established, pilot projects
were undertaken, and staff capacity was increased
through trainings, courses, and collaboracions.
The Center trained nearly forty prospec�ive
volunteer mediators over the course of the year
through two programs. In June, the six-hour
"Communiry and Couro-Related Mediation:
Processes and Procedures" was held at the Ramsey
County Courthouse; and in November a thiny-hour
full mediation training was held on the Metropolitan
State Universiry's St. Paul campus. Many of the
individuals who pazticipated in these trainings
provide valuable services to the Center through
conducting mediations, referring interested parcies to
the Center, or assisting with office operations.
To ensure the continued high level of inediation
services offered by the Center's volunteeis, uainings
in specialized areas of practice are offered throughout
the year. Four such trainings were held in 1996:
• Creative Problem Solving and
Agreement Writing (April)
• Skills and Techniques for Co-Mediation,
Impasse, and Caucus �une)
• Ethical Dilemmas, Tough Calls, and
Case Consultation �uly)
• Multipany Mediation: Facilitation or
Process Consultauon? (September)
Additionally, a six-hour training was held in
February to support the Center's pilot project with
Ramsey Counry Distria Courc to mediate
Conciliation Court AppeaLs cases. Other pilot
projects were initiated to explore oppomuuties for
mediation in the cont�ts of Harassment Court,
Visitation Fxpediter c�ses, and Teen Courc.
The Center benefited from the services of college
interns over the course of the year, and hosted four
interns overall. The Center applauds and appreciaces
the valuable assistance provided by Kaue Salzer of
Metropolitan State University, Lee Berget of the
Pepperdine School of Law, Kgosirsile Johnson of the
University of M"innesota, and CYary Kanelos of the
William Mitchell College of Law. With the b owth
of dispute resolution services in many azeas, the
Center provides an experiential internship
oppominity for studencs to gain insight and
understanding into this area.
The Center's staff also gained capabiliry in
administrative and practical areas as well. With
assistance from the Otto �Bremer Foundation through
Hamline University School of Law's Dispute
Resolution Institute, the Executive Director attended
a course in "Advanced Mediation" in June. The staff
also attended trainings on grantwriting, board
development, bookkeeping, and fundraising through
loral resources such as the Minnesota Council of
Nonprofits, the Headwateis Fund, and the Minnesota
Council on Foundations. Scaff and Board members
attended a training for Deparcment of Human Righu
mediations through the Minnesota Office of Dispute
Resoluuoa in April, a seminar by Robert Baruch
Bush hosted by the Erickson Mediation Institute in
May, and attended the �isconsin Associa�ion of
Mediators conference in Madison in November.
Boch the Board of Directors and staff of the
Center experienced some turnover in 1996, and the
Center wishes to acknowledge the services of all those
who conuibuted their valuable time and effores to the
Center last year. The Board of Directors also
continued iu long term strategic planning process
through a reueat in March and maintains ongoing
assessments throughout the year.
The Center is a member organization of the
Minnesota Association of Communiry Mediation
Programs, and Executive Director Timothy Hedeen
served as Secretary of the association for 1996. The
association is the coordinating body for ongoing
refresher trainings in the community programs, and
also serves as the point of contact with the State
Court Administracor's office regarding state funding
and leeb sslation. Additionally, the Center continued
to parcicipate in the National Association for
Community Mediation.
Another highlight of program development is
the Center's new case management computer
program. Developed by volunteer John Gostovich,
the program keeps records on case facu and statisLics,
generates correspondence to disputanu and
mediators, and provides reports on services delivered.
�ith these new capabilities, the Center is equipped to
handle cases more efficiendy.
Dispute Resolution Center 1996 Annuai Report Page 7
ORGAIVIZATIONAL STRUCTURE AND SUPPORT
: .� 5
At the conclusion of 1996, the organizational
struccure of the Dispute Resolution Center consisted
of a ten-person Board of Directors, a twaperson staff,
and approximately seventy volunteers. There are five
active committees of the Board Promotion and
Public Relations, Fundraising, Programming and
Planning, Finance, and the Executive Committee.
Board of Directors
Ross Azevedo
Luci Botzek
Clyde Eklund
Sue Favilla
Karen Hollaus
Nanry Howard
Staff
Janeen Gawlik
Volunteers
Lee Berget
David Beimers
Joe Bisanz
Rodney Bunker
joshua Bunker
Kathleen Burke
Kristin Carberry
J� cob�
Stephen Cominetti
Chris Crutchfield
Allen Douon
Tom Fiutak
Nanry Franz
Julie Friedman
Tony C�antenbein
Bria C�arton
Dianne CYates
john Goscovich
Jan Grover
Earl Gustafson
Yeeleng Hang
Terri Hanson
jeff Hartman
Kristi Haselman
Michelle Hensley
Mary Herber
judyJohnson
Mariann Johnson
Celeste Koeberl
Hoang Tran
Roger Williams
Timothy Hedeen
Bill Mantis
David Martin
Michelle Moore
David McGough
jonachan Moig�an
John Morely
Margaret Murphy
Flizabeth Murray
Christine Nelson
Fred Owusu
Bruce Peck
Laura Pelkola
Maria Peterson
jean Peterson
Carrie Pluth
Gayle Prest
Evelyn Rolloff
Gwynn Rosen
Rsenia Rudensiuk
Nan Satterlee
Wendy Schmidt
jon Sebastian
Davis Shryer
Dan Simon
Aaron Spevacek
Florence Steichen
Kathy Heyman
julie Hoff
Ken Huber
jay Isenbezg
LynetteJones
Margaret jones
Clarence jones
James jorstad
C�ry Kanelos
Jill Klingner
Colleen Larson
Margaret LeBien
Nanry Leland
Liz Stevens •
Becky Tempesc
Diana Tharalson
Milt Thomas
Melissa Trebesch
Kathy Vadnais
Terry Van Den Hoek
Gerald Wallin
Delane Welsch
Guy Westem
Thushong Yang
Ed Zoerb
The Center received funding support from the
following individuals and organizations in 1996, and
is grateful for their conuibutions:
Individuals
George Amon
Mr. Arnott
Kathleen Burke
John Gostovich
Mrs. Halvorson
Karen Hollaus
Nanry Howard
Robert Howard
Mariann johnson
Judy Johnson
Celeste Koeberl
Betry Miller
Tong Nguyen
John Trojack
Debbie Wacing
Delane Welsch
Non-profits, Corporations, and Foundations
House of Hope Church Travelers Foundation
Marbrook Foundation Wescem Bank
Minnesota Indian Women's Resource Center
In-kind Contributions
Bruegger's Bagel Bakery Caribou Coffee
Cafe Latte Option One Adver�ising
Govemment Support
City of Mahtomedi City of Roseville
Ciry of Maplewood City of Saint Paul
Ciry of Mendota Heights City of White Bear Lake
State of Minnesota White Bear Township
Ciry of New Brighcon City of Woodbury
Ramsey Counry
�
Page 8 Dispute Resolution Center 1996 Annual Report