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1995-06-20CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA Agenda June 20. 1995 - 7:30 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Approval of June 6th Minutes. 5. Consent Calendar a. Acknowledgment of the June 13th Parks and Recreation Commission Minutes. � b. Acknowledgment of the Fire Department Report for May. c. Acknowledge Receipt of the Unapproved Minutes from the NDC-4 April 5th Commission Meeting and the May 3rd NDC-4 Executive Committee Meeting. d. Acknowledgment of the Treasurer's Report for May. e. Approval of Miller Condemnafion Award - Ivy Falls Creek Improvements. f. Approval to Issue Building Permit for New Tenant Space Finish and New Exterior Store Front/Entry Door for Intergraph - 1355 Mendota Heights Road, Suite 139. g. Approval to Enter into a Fixed Cost Arrangement for Dispatching Services provided by the City of West St. Paul for 1994 and 1995. h. Approval to Issue Tree Removal Permits. i. Acknowledge AMM 1995 Legislative Summary. j. Approval to Hire Summer Engineering Aid. k. Acknowledge an Update Regarding Fourth of July Fireworks. I. Approval of Resolution Accepting Petition and Ordering Preparation of Feasibility Report for Sanitary Sewer, Watermains, Storm Sewer and Street Improvements to Serve Ivy Falls South - RESOLUTION NO. 95-25 m. Approval of Community Development Block Grant Agreement - Supplement #3. n. Approval of the List of Contractors. o. Approval of the List of Claims. - End of Consent Calendar 6. Public Comments a. Mr. Ron Smith - Burow Farm Acquisition Request. 7. Continued Hearinq a. Mendota Liquor - New Liquor License (Recommend Continuance to July 6, 1995). 8. Bid Award ti * a. 1995 Boutevard Tree Planting Program -(Available Tuesday) 9. Unfinished and New Business a. Case No. 95-02: City of Mendota Heights - Fire Code in Industrial Distr9ct - Zoning Ordinancg Amendment - ORDINANCE NO. 304 RECOMMEND CONTINUING DISCUSSION UNTIL JULY ** b. Discuss Proposed Tree Preservation Ordinance. ** c. Discuss Mendakota Park - Backstop Alternatives for Foul Balls. d. Discuss Conservation of Tax Forfeit Parcels. e. Discuss Feasibility Report for Curley's Valley View Street Reconstruction - RESOLUTION NO. 95-26 f. Review Information Regarding the Preparation of 1996 Budget and Establish Budget Workshop Dates. 10. Council Comments 11. Adjourn to Closed Session to Discuss Personnel Related Litigation. Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administration at 452-1850 with requests. � CITY OF MENDOTA HEIGHTS MEMO _ June 20, 1995 TO: Mayor and City Council FROM: Tom Lawell, City Admini tr SUBJECT: Add On Agenda for June 20th Council Meeting Information as originally indicated as Available Tuesday is attached (Item numbers 8a. (*). Additional information is submitted to items 9b and 9c (**). It is recommended that discussion regarding Item 9a be continued to a later date. 3. Agenda Adoption It is recommended that Council adopt the revised agenda printed on yellow �� paper. 8a. Bid Award Please see the attached memo regarding Bid Results for the 1995 Boulevard Tree Planting Program. 9a. Case No. 95-02: Citv of Mendota Heights - Fire Code in Industrial District - Zoning Ordinance Amendment Due to a conflict in Fire Marshal Paul Kaiser's schedule, I am recommending that discussion on this item be tabled until July. 9b. Discuss Proposed Tree Preservation Ordinance Please see attached letters from City residents regarding the proposed Tree Preservation Ordinance. 9c. Discuss Mendakota Park - Backstop Alternatives for Foul Balls. Please see attached corrected minute page from the May 16, 1995 Council meeting. ' MTL: kkb CiTY OF MENDOTA HE(GHTS DAKOTA COUNTY, MINNE$QTA �- June 2Q, 1�95 - 7:3Q P.M. 1. Call ta Order �• 3. Agenda Adoption 4. Appraval af June 6th Minutes, 5. Consent Calendar a. Acknowledgment of the June 13th Parks and Recreation Commission Minutes. _. b. Acknowledgment of the Fire Department Repart for May. c. Acknowiedge Receipt of the Unapproved Minutes from the NDC-4 April 5th Commission Meeting and the May 3rd NDC-4 Executive Committee Meeting. � d. Acknowledgment of the Treasurer's Report for May. ' e. Approval of Mitler Condemnation Award - tvy Fails Creek Impravements. f. Approval to Issue Building Permit for New Tenant Space Finish and New F�cterior Store Frant/Entry Door for Intergraph - 1355, Mendota Heights Road, Suite 139. g. Approval to Enter into a Fixed Cost Arrangement for Dispatching Services provided by #he City o€ West St. Pau! for 1994 and '1995. h. Approval to Issue Tree Removal Permits, . i. Acknowledge AMM 1995 �egisiative Summary, j. Approval to Hire Summer Engineering Aid. k. Acknowledge an Update Regarding Fourth af July Fireworks. I. Approval af Resolutian Accepting Petition and Ordering Preparatian of F�asibiEity Report for Sanitacy Sewer, Watermains, Storm Sewer and Street Improvements to Serve Ivy Falls South - RESOLUTION NO. 95-25 m. Approva[ of Community Deve[apment Block Grant Agreement - Supplement #3. n. Approval of the List of Con#ractors. o. Approval of the List of Claims. End of Consent Calendar � 6. Public Comments = ' a. Mr. Ron Smith - Burow Farm Acquisition Request. 7. Continued Hearinq a. Mendota Liquor - New Liquor License (Recommend Continuance to July 6, 1995). 8. Bid Award a. 1995 Boulevard Tree Planting Program -(Available Tuesday) 9. Unfinished and New Business a. Case No. 95-02: City of Mendota Heights - Fire Code in Industrial , • District - Zoning Ordinance Amendment -�ORDINANCE NO. 304 b. Discuss Proposed Tree Preservation Ordinance. c. Discuss Mendako#a Park - Backstop Alternatives for Foul Balls. � d. Discuss Conser�ation of Tax Forfeit Parcels. e. Discuss Feasibility Report for Curley's Valley View Street Reconstruction - RESOLUTION NO. 95-26 f. Review Information Regarding the Preparation of _ 1996 Budget and Establish Budget Workshop Dates. 10. Council Comments 11. Adjourn to Closed Session to Discuss Personnel Related Litigation. Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administration at 452-1850 with requests. 0 Page No. 4411 June 6, 1995 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 6, 1995 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at City Hall, 1101 Victoria Curve, Mendota Heights, Minnesota. Mayor Mertensotto called the meeting to order at 7:30 o'clock P.M. The following members were present: Mayor Mertensotto, Councilmembers Huber, Koch, Krebsbach and Smith. AGENDA ADOPTION Councilmember Krebsbach moved adoption of the revised agenda for the meeting. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 � APPROVAL OF MINUTES Councilmember Huber moved approval of the minutes of the May 2, 1995 regular meeting with corrections. Councilmember Koch seconded the motion. Ayes: 4 Nays: 0 Abstain: 1 Smith _ Councilmember Koch moved approval of the minutes of the May 16, 1995 regular meeting with amendment. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilmember Smith moved approval of the consent calendar for � the meeting, revised to move item f, part-time help for the Street and � Park Departments, to the regular agenda, along with authoriza.tion for execution of any necessary documents contained therein. a. Acknowledgment of the minutes of the March 9, 1995 Parks and Recreation Commission meeting. b. Acknowledgment of the minutes of the May 10, 1995 Airport Relations Commission meeting. c. Acknowledgment of the minutes of the May 23, 1995 Planning Commission meeting. d. Acknowledgment of the Code Enforcement monthly report for May. Page No. 4412 June 6, 1995 e. Approval to hire a probationary police officer from the existing eligibility list at a pay rate designated by the bargaining agreement. f. Authorization to issue a building pernut to allow minor alterations at Lloyd Food Products, Inc., 1455 Mendota _ Heights Road, in accordance with a memo from Code Enforcement Officer Berg and plans filed with the permit application. g. Approval to forward city comments regazding the 1996-2000 Dakota County Capital Improvement Plan to Dakota County for consideration and inclusion within the plan. h. Approval of the list of contractor licenses dated June 6, 1995 and attached hereto. i. Approval of the list of claims dated June 6, 1995 and totaling $319,007.67. m j. Authorization for staff to issue a purchase order to Landscape Junction to move limestone blocks from Acacia Pazk Cemetery to Ivy Park and North Kensington Park. Councilmember Koch seconded the motion. Ayes: 5 Nays: 0 SUMMER HELP Council acknowledged and briefly discussed a memo from Public Works Superintendent Olund requesting authbrization to hire two additional part-time summer helpers, one for the Pazk Department and one for the Street Department. Mayor Mertensotto sta.ted that the memo indicates that part-time summer workers are scheduled for Monday through Thursday and pointed out that the work days should not be specified. Councilmember Huber moved to approve the request to hire Paul Giefer as a summer helper from June 12 to September 8 and Tim Oster for June 12 to October 5, with the direction and correction that there be no specified work days for any summer Public Works helpers. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 PUBLIC COMMENTS Mr. Robert Pryor, 2455 Hampshire Court, and Mr. Sten Gerfast, 1802 Valley Curve, and others were present regarding the tree Page No. 4413 June 6, 1995 moratorium and proposed tree preservation ordinance. Mr. Pryor submitted a petition in opposition to the existing tree moratorium and asked that Council repeal the moratorium. 1Vlayor Mertensotto explained that the clear cutting of large pieces of land near the Mendota. Bridge precipitated the adoption of a six month moratorium to give Council immediate control over tree cutting while the Plaruung Commission and Council consider the proposed tree preservation ordinance. He informed the audience that the Commission conducted a public hearing on the ordinance on May 23. He stated that even though there is a moratorium, property owners can get permits to remove dead or diseased trees or trees that interfere with home foundations, etc. He explained that several cities have tree ordinances in effect. Responding to a question from Councilmember Krebsbach, Mr. Pryor stated that the property owners aze concerned about both the moratorium and the proposed ordinance. Mr. Gerfast stated that both the moratorium and the ordinance are included within the petition. Mayor Mertensotto asked those in attendance for the issue to submit written concerns about the ordinance so that they can be considered when the ordinance comes before Council. He explained that the moratorium has a sunset provision of September 6 if no tree preservation is adopted by that date. Councilmember Huber informed the audience that Council adopted the moratorium because it was concerned that a developer could come in an clear cut a property in preparation for development before the ciry could have any input. He explained that the proposed tree preservation ordinance is geared towazds development projects and not directed towards residential lots. The audience was notified that the tree ordinance is scheduled for consideration at the June 20 meeting. Staff was directed to notify Mr. Pryor, Mr. Gerfast, and others who express interest, of the date the ordinance will be on a Council agenda. EAGLE SCOUT PROJECT Eagle Scout candidate Josh Sokol gave Council and the audience a follow-up report on the success of his "Teen Temps" Eagle Scout project, which linked teens with elderly or disabled residents who needed someone to do chores for them. Mayor Mertensotto thanked Mr. Sokol for the report and the project, and wished him success on behalf of the Council on his application for certification as an Eagle Scout. • Page No. 4414 June 6, 1995 HEARING - MENDOTA Mayor Mertensotto opened the meeting for the purpose of a public. LIQUOR hearing on an application from Mendota Liquor for an off-sale liquor license for a facility in the Mendota Ma11. Council aclrnowledged an associated memo from the City Clerk. Mr. Patrick Soen, owner/operator of Mendota Liquor, and representa.tives from _ Paster Enterprises were present for the discussion. Mayor Mertensotto asked for questions and comments from the audience. Mr. Ed Paster stated that the proposed use is consistent with the former MGM Liquor Warehouse use in the shopping center, only on a smaller scale. Responding to a question from Councilmember Smith, Mr. Soen sta.ted that he is the sole employee of Mendota Liquor at this time but that he will hire someone when he can. Administrator Lawell stated that Dakota Alliance for Prevention representatives would like to meet with Mr. Soen and pass on -- information to him on their efforts to control the use of liquor and cigarettes. Mayor Mertensotto noted that many liquor esta.blishments post signs that state that it is illegal to buy liquor for minors. Mr. Soen responded that he will post signs and will �also meet with the DAP representatives, and that he will enforce the cigarette and liquor laws as they relate to minors. ' There being no further questions or comments, the hearing was closed. In accordance with the provisions of the liquor ordinance, action on the license application was continued to J�ane 20. MARRIOTT LIQUOR HEARING Mayor Mertensotto opened the meeting for the purpose of a public hearing on an application from the Mazriott Courtyazd Hotel for renewal of its on-sale limited service hotel liquor license and Sunda.y on-sale liquor license. Ayes: 5 Nays: 0 There being no questions or comments from the audience, Councilmember Krebsbach moved that the hearing be closed. Councilmember Huber seconded the motion. Councilmember Koch moved to approve the renewal of On-Sale Limited Service Hotel and Motel and Special Sunday On-Sale Liquor Licenses for the Courtyard by Marriott Hotel. Page No. 4415 June 6, 1995 Councilmember Huber seconded the motion, Ayes: 5 Nays: 0 CLUB LIQUOR HEARINGS Mayor Mertensotto opened the meeting for the purpose of public hearings on applications from Mendakota Country Club and Somerset Country Club for renewal of their Club On-Sale (including Sunday) liquor licenses. There being no questions or comments, Councilmember Krebsbach moved to close the hearing. • Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 Councilmember Krebsbach moved to approve the renewal of Club On-Sale Liquor licenses for Mendakota. Country Club and Somerset Country Club. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 POLICE GARAGE Council acknowledged a memo from Building Manager Guy Kullander regarding quotes received for resurfacing the Police Department garage floor. Mr. Kullander was present for the discussion. Councilmember Smith asked about the long term benefits of acrylic coating (quoted by PSI Concrete) over epoxy coating (quoted by the other contractors). She also stated that she understands that PSI's quote of $2,585 is for reduced mil thickness. Mr. Kullander responded that acrylic is used on flooring by the paper industry and has been found to be better than epoxy in the long term. He also explained that acrylic does not have as many fumes and dries in less than an hour. With respect to mil thickness, he stated that the original quote was for 48 to 58 mils but half of the mils have been eliminated. He stated that the proposed number of layers is more than adequate for the garage floor. Responding to a question from Mayor Mertensotto, he sta.ted that the product is anti- skid, and he informed Council that concrete healer is included within the bid price. He stated that at the time that the fire station floor was resurfaced, Assistant Chief wanted the type of flooring specified by PSI but it was too expensive at that time. Councilmember Krebsbach moved to authorize staff to issue a purchase order to PSI Concrete Surfacing for its quote of $2,585.00 Page No. 4416 June 6, 1995 to resurface the police parking garage floor. Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 COURT RESURFACING Council acknowledged a memo from Guy Kullander regazding the need to resurface basketball and tennis courts, along with quotes from C&H Construction and Recreational Surfaces. Mr. Kullander reviewed his memo and answered Council questions. Ayes: 5 Nays: 0 SEAL COATING Ayes: 5 Nays: 0 MENDOTA MEADOWS Ayes: 5 Nays: 0 Councilmember Smith moved to awazd a contract to C&H � Construction to resurface the tennis courts in ivy Pazk and the basketball court in Mendakota Park for its quote of $4,770, and to authorize C&H to repair the cracks in the tennis courts in Valley, Marie, Rogers Lake and Wentworth parks at a cost of $1,070. Councilmember Krebsbach seconded the motion. Council acknowledged a memo from Civil Engineer Sanders regarding the 1995 Seal Coating project. It was noted that only one bid was received for the project. Councilmember Krebsbach moved to award the contract for the 1995 Seal Coating project to Strunk & Irwin Paving, Inc., for its bid of 444,950. � Councilmember Smith seconded the motion. Council acknowledged a tabulation of bids received for construction of public improvements to serve the Mendota Meadows plat. Councilmember Krebsbach moved adoption of Resolution No. 95- 23, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATERMAINS, STORM SEWER AND STREET IMPROVEMENTS TO SERVE MENDOTA MEADOWS (IMPROVEMENT NO. 95, PROJECT NO. 2)," awazding the contract to Ryan Contracting, Inc., for its low bid of $184,175.00. Councilmember Smith seconded the motion. Staff was directed to retain the bid bonds of Ryan and Nodland Construction, the second lowest bidder, until the contract is executed. CASE NO. 95-08, KING Mr. Lawrence King, 5 Beebe Avenue, was present to request approval of his application for conditional use permit for a detached garage on a through lot and variances to the rear yard setback, minimum garage size, side yard setback and height, in order to Page No. 4417 June 6, 1995 enlarge his existing garage. Council acknowledged reports from the City Planner and Administrative Assistant. Mayor Mertensotto stated that in 1991 Council approved a conditional use pernut and variances for enlarging the garage but that Mr. King did not accomplish the work. Mr. King informed Council that the project consists of enlarging a garage built in 1939 which is not of adequate size for a standard large vehicle. He explained that because of the slope of his back yard, removing the structure, excavating and rebuilding would be cost prohibitive. He stated that in addition to expanding the garage he will level the yard to try to solve a drainage problem of water collecting on the north side of the house by eliminating the sidewalk along the garage. Responding to a question from Mayor Mertensotto, he stated that he is requesting a variance of 17'3" from the front yard setback requirement, so the garage would be 12'9" from the Ashley Lane right-of-way. Mayor Mertensotto did not feel that there would be enough room to _w park a car in the driveway. Mr. King responded that the cars would be pazked inside the gara.ge and he is putting in a driveway in front of the house, which is where visitors will park. Mayor Mertensotto stated that he is concerned that if the Kings sell the property, future owners might park in the driveway to the garage and overhang over the traveled portion of the.road. Mr. King stated that there is another 7 to 8 feet between the edge of the right-of-way and the street, which should provide plenty of room to pazk. Responding to a question from Councilmember Smith about the west side of the driveway being very close to the traveled portion of the street, he stated that the back edge of the garage is parallel to the street. Mayor Mertensotto stated that the application includes a second story in the garage for storage space. He informed Mr. King that under no circumstance could the area be intended to be living quarters. Mr. King responded that it will not be used for living space but rather it is for storage of bicycles, lawn equipment, etc., which he currently has no storage space for. He stated that he has no intention for the space to become living quarters. • Page No. 4418 June 6, 1995 Mayor Mertensotto stated that the approving resolution would have to include a condition that the space cannot be used for living quarters and a condition that the applicant must submit a drainage plan to city engineering staff for approval. He stated that a conditional use permit would only be granted on the condition that the second story cannot be used for living or sleeping quarters and can be used for storage only. City Attorney Hart stated it should be stipulated in the resolution that if the conditions are violated or in the event that the structure is substantially damaged by fire, the conditional use permit will terminate. Councilmember Krebsbach moved adoption of Resolution No. 95- 24, "A RESOLUTION GRANTTNG A CONDITIONAL USE PERMIT FOR A DETACHED ,GARAGE AND VARIANCES FOR 5 BEEBE AVENUE," amended to include conditions that in the event that the garage is in any manner used for living or sleeping quarters or is substantially destroyed the conditional use pernut will -- automatically terminate, and revised to stipulate that a drainage plan be prepared and submitted for approval by city staff. Councilmember Huber seconded the motion. Ayes: 5 Nays: 0 CASE NO. 95-03, HEAVER Council acknowledged a memo from staff regazding continued discussion on the Keith Heaver application for subdivision approval for the Ivy Falls South Addition. Council also acknowledged letters from Heaver Design/Construction, Mr. S. Todd Rapp, legal counsel for Heaver Design, a letter from Mr. Thomas Krause transmitting a neighborhood petition expressing concems over the proposed plat, a traffic analysis report, information on retaining wall construction, a report on ground water, a report from the City Planner regarding reaz yard lot alignment, and statements from Mr. Heaver relative to front yard setback distances and retaining walls. Mr. Heaver, surveyor Paul McGinley, civil engineer Jeff Shopek, and attorney S. Todd ' Rapp were present for the discussion. Mr. Heaver explained that at the last Council discussion on the matter, seven issues of concern were raised and he has done much more research and hired professionals to respond to the concerns. He reviewed a map showing how the 181ot subdivision would fit in with the surrounding neighborhood, and sta.ted that he is not asking for any variances. He informed Council that the range of lot sizes and widths in Cherry Hills and the eight lots to the north on Knollwood and the lots to the east vary from 92 to 142 feet wide. He stated that his development, with some adjustments to increase Page No. 4419 June 6, 1995 the southeast line by 30 feet, which allows five feet more width to the lots on the southeast, will have lots widths ranging from 100 feet to 145 feet and average 115 feet wide, which is very compatible with the surrounding lots in the neighborhood. He stated that as one drives down the street, what is important is how wide the lots are, and by increasing the lot widths more open space will be created _ between the homes. Mr. Heaver then responded to the seven concerns as follows. Park dedication - the Park Commission has requested an easement for a walkway, along with construction of the walkway, which he has agreed to. Street patterning - he has hired a consultant and according to his survey, the proposed plat will create very little traffic impact. Grading and retaining walls - he has made some adjustments to the plan and is very close to a balance of grading, and has eliminated all retaining walls except the one on Mrs. Logan's property which she will maintain. Soil condition - American Engineering was retained and did nine soil borings on the site. Lot alignment was address,ed by the City Planner's report, which indicated that the view of a single family home from another is not considered a detrimental condition. Setbacks - as one looks to the surrounding homes on Knollwood and the Cherry Hills -- development, most of the homes are set back 30 to 35 feet, and he is proposing to maintain those setbacks and in some cases a 40 foot setback, depending on the size of the home. The sideyard minimum is 10 feet, but with the wider lots, he believes there will be more open space between homes. : Mayor Mertensotto asked if Mr. Heaver will be the sole developer and if the homes will be in the market range of $300,000 and up as Mr. Heaver has previously indicated. •' . Mr. Heaver responded that he is the sole developer and that the �homes on Clement will be in the $225,000 range and up. Mayor Mertensotto asked if Mr. Heaver has any question in his mind that the engineers he hired show a 52 foot difference in elevation from the east end to the southerly boundary. He asked why Mr. Heaver does not want the roadway to tie into Clement instead of using a cul-de-sac on his property and if that is because Mr. Heaver does not want more traffic to come through his development. Mr. Heaver responded that he wants the property to tie in with both Cherry Hills and Ivy Falls West, and tying the street through to Clement would bring more traffic into the neighborhoods. He explained that he is creating much less traffic by his plan than if the road were to go to Clement and that he wants to minimize the traffic Page No. 4420 June 6, 1995 to the neighborhood, and that there would be greater traffic if Clement was extended and created a direct route Dodd to Wachtler. He pointed out that a traffic engineer has prepared a report on the issue and that traffic counts were done. _ Mayor Mertensotto asked if Mr. Heaver has been on the site just after a rain storm to see how much water is coming off the site to Ivy Lane. He stated that the soil borings show a deviation as to the level of the underground water at the lower elevations and the American Engineering report recommends perimeter drains for all homes. Mr. Heaver responded that perimeter dra.ins aze standard as the code requires. Mayor Mertensotto asked Mr. Heaver if he agrees that the more impervious surface there is, the more run-off will be created He stated that the axea Mr. Heaver is currently developing on Sutcliff does not have as steep a slope but the site has a holding pond to control drainage in the area. He asked if Mr. Heaver would object to the use of a holding pond in the proposed development. He also -• asked why Mr. Heaver thinks it is important for Ivy Lane to go through to Cherry Hill Road Mr. Heaver agreed that run-off is increased when impervious surface increases but stated that he does not feel a holding pond is needed for the proposed development. With respect to Ivy Lane, he stated that it is important first of all that when Cherry Hills was platted, it anticipated egress into the Logan/Hughes site and a minimum of 500 feet is required for a cul-de-sac. He stated that although he was not here 30 years ago, he believes the that the temporary cu1�-de-sac on Knollwood anticipated a future cul-de-sac to create a nice flow of traffic. Mayor Mertensotto responded that the reason the 30 foot right-of- way was platted was because there was a proposed development ' adjoining undeveloped land and the city always provides a means of access to undeveloped property. Mayor Mertensotto stated that there is a silver maple tree in the middle of where Ivy Lane is proposed. Mr. Heaver responded that he will work around the tree and do everykhing possible to save it, including blacktopping around it. If the tree dies, he stated that he will replace it through the city's tree planting program. Mayor Mertensotto stated that Mr. Heaver has indicated that he could be short 4,100 cubic yards of fill and must either adjust the Page No. 4421 June 6, 1995 grade elevation of the cul de sac or lower the grades on the site plan by 3 feet if he does not bring in soil. Mr. Heaver responded that the plan is preliminary at this time and can be adjusted to get a balance of cuts and fills. Engineer Jeff Shopek reviewed the drainage plan, responding to Council's concern on run off and drainage calculations. After reviewing the plan, he stated that calculating run-off from all of the impervious area of the lots that drain to Cherry Hills, existing run- off to that area will be reduced by 60%. Responding to a question from Mayor Mertensotto, he stated that easements will be needed for five lots where drainage swales will be created to bring drainage to the storm sewer system in Knollwood. Also to responding to a question about the low point on the site, he stated that �t is at the storm seer inlet between lots 16 and 17 and that will capture water fro the rear lots of lots 13-16. The surface water from the reaz yazds of Lots 17 and 18, Block 2, and Lots 1 and 2, Block 1 will go to Ivy Lane. Mayor Mertensotto stated that Mr. Shopek had indicated that 60% of •- the drainage will be down Knollwood to Emerson. He asked what happens when the water gets to that point. Mr. Shopek responded that the city's engineer has indicated that the storm sewer system at that point was sized to handle the proposed development. Responding to a question from Mayor Mertensotto, Public Works Director Danielson stated that ditch drainage'begins in the ditch by Economics Laboratories. Mayor Mertensotto asked if the developer has considered using a holding pond to meter and slow the flow of water coming from the site. He suggested that it might be an improvement in the project, particularly to slow down the water when it gets to the open ditch: Mr. Shopek responded that the Planning Commission discussed a holding pond but everyone concerned felt that there the water should be handled by storm sewer instead. He further stated that he understands that the existing pipe is adequate to handle the development and that there is no problem downstream. Councilmember Huber stated that the open ditch is on the west side of Wachtler and there is quite a bit of erosion. Public Works Director Danielson responded that he has asked Dakota County to Page No. 4422 June 6, 1995 budget for maintaining an improving that storm water system, as it does need work. � Mayor Mertensotto stated that the land owners adjoining the development site say that there is a 6 inch stream of water coming off the site in the Ivy Lane easement azea. Mr. Heaver responded that this is why he is planning to reduce the amount of flow. He also stated that he understands that in the next 2 or 3 years the city is planning on designing a storm sewer system for Cherry Hills. Mayor Mertensotto stated that the issue involves more than just saying that the proposed storm sewer system will work. He noted that it is very common today to use holding ponds to meter water, and the more water that is put into the open drain way, the more problems that are created. He stated that the Heaver site has a 52 foot drop and house pads will be cut into the sides of the hill if the lots are developed. Mr. Shopek showed cross sections of the site, stating that the grade from Mrs. Logan's house to the bottom property line is about 50 feet, and as the homes go down the slope they will be backslapped so that water goes to the storm sewer system. Mayor Mertensotto asked the grade of the cul de sac as it travels to the east. He also asked the reason why storm sewer is not extended east and west at the catch basins if Ivy Lane is extended. Mr. Shopek responded that the grade 1/2% at the low point and up to 3% at the end of the cul de sac. With respect to the catch basins, he stated that it is typical engineering design to put catch basins at intersections but they can be slid back 50 to 100 feet to catch a little more of the Ivy Lane run-off. Councilmember Huber sta.ted that he is concemed about water coming from Ivy Lane, since Cherry Hill Road is not crowned. Mr. Shopek responded that this is he has reduced the run off to the street and taken it to the storm sewer. The existing condition will actually improve drainage going to Ivy Lane, and berms will also be added to keep water in the yards that generate it. He stated that in preparing the drainage plan, he used standard engineering practices and that he has designed at least 3,000 lots in his experience. He stated that he went through significant detail and has done a thorough job. Mr. Don Whitig, 1432 Cherry Hill commented that there is 6 inches of water on the site after a heavy rain and reducing that by 50% still Page No. 4423 June 6, 1995 leaves 50% to deal with, thus the holding water theory should be considered. Mr. McLagan stated that a holding pond was never - proposed but when he talked about the collection system at the Planning Commission hearing people in the area thought that meant a holding pond and strongly objected to one. Mr. Whitig stated that there would be a berm in his back yard and asked who would responsible for maintaining the berm and whether it will be landscaped. Mr. Shopek responded that the berm will be in the adjoining yard, that it will probably be grass although the homeowner may landscape it. He explained that it will not be a huge mound, but rather a place to direct drainage to the street, it will run along Lot 17 and 18, and will be within a drainage and utility easement. He explained that since it will be within an easement, the owner could not alter or remove it. . Mr. Heaver informed Council that he has met with the neighbors adjoining Lots 17 and 18 and has agreed to work with them to -- reshape the berm and to transplant trees to create a landscaped barrier. Mr. Stan Linell, 1407 Cherry Hill Road, stated that the cross-section does not show a berm between the proposed development and the Pryor residence and apparently the rear yards of the new homes will drain to the back yard of the Pryor residence. He further stated that the grade on ivy Lane was not address and that he understood much of the run-off will go to the storm sewer but what comes from Ivy Lane with curb and gutter will drain to Cherry Hill Road where there are no curbs. He stated that although the maple tree in the Ivy Lane easement is a beautiful tree, it is not a strong species and it would probably be best to take it out and plant a new one. Mayor Mertensotto responded that the tree's trunk and the fact that the roots are coming out of the ground show its age, and he felt it would be very difficult to grade around it. Responding to an audience question on who would have to pay for ditch repairs if the county refuses, Public Works Director Danielson stated that the county would not say the city could not put storm water into the ditch but they will participate to the extent that the county road contributes to the problem. Mr. Preston Smith stated that a significant amount of water will be dumped into his yard and the soil in his yard and his neighbors' �'age No. 4424 June 6, 1995 yards is very heavy clay, which accounts for the reason why water pools in the easement at the end of Cherry Hill Road every spring.� He was concerned that the surface water will rush down much more on a paved street than it does on the grass now. He stated that once the streets are in and the houses are in, the slope will actually increase coming down to his house. With respect to traffic, he stated that it is a courtesy among the residents on Cherry Hill Road to drive down the street very carefully because there are children in the area and he is concerned about increased traffic. ' Councilmember Krebsbach asked if there is a catch basin where the proposed Ivy Lane will intersect with the Smith back yard. Mr. Shopek responded that by installing the streets and having the lots drain to the streets, only the back of the roofs and rear of the lots will drain towards Ivy Lane and drainage will be reduced. He explained that the lots will be graded back to the proposed Knollwood Lane and he could move the catch basin back 50 to 60 feet but could not get it back to the Smith property line. Councilmember Smith stated that the area is vegetated now, which -• holds back water, and the grade would change so that the final slope will be a bit more steep into the current residences' back yazds. Mr. Shopek responded that when he did the storm calculations he considered existing slopes and existing vegetation and proposed slopes and new vegetation. He explained that during grading there will be erosion control, seeding and mulching and temporary storm water holding areas, and silt fences, dikes and berms and other temporary measures will be in place until seed is developed and each lot is built on. Responding to a question about the slopes and drainage on new Ivy Lane, and whether water from Knollwood entering Ivy Lane will create a shoot of water, he sta.ted that the slope will be about 7% and then will flattened down to 2% and the water on ivy Lane will be just the surface water from Ivy Lane. Mayor Mertensotto stated that the slopes in the development aze probably as steep as any that have been proposed for development in a long time and while the engineer can use all of the text book design figures in installing a storm sewer system, with these kinds of slopes and in a heavy storm water will flow over the curb. He stated that he is disturbed that the developer has said that as long as he meets minimum development requirements he can develop the site. He stated that the developer is not talking about affordable housing where he must only meet minimum standards and Council should take extra precautions to protect the existing homes. Mayor Mertensotto stated that after the project is completed the developer Page No. 4425 June 6, 1995 will leave and the city could be faced with storm sewer problems to correct. He expressed concern about drainage and about traffic - patterns, stating that the houses will generate an average of 10 trips per day, which means that those on the cul de sac will generate 160 trips per day from Ivy Lane. He pointed out that there will be a steep grade on ivy Lane, which will come into the middle of a residential street, and he is concerned fro the standpoint of overall traffic. He felt that the best design would be to connect Knollwood to Emerson Avenue from the standpoint of municipal service and that it is not desirable to open ivy Lane into Cherry Hill Road. He stated that the developer wants a cul de sac, and the neighbors feel that the developer is shoe-horning lots into the developments and would not object to 161ots. He felt that perhaps even 16 would not be appropriate given the slopes and drainage concerns, and stated that a holding pond for drainage is needed and that he cannot approve the plat. Mr. McLagan stated that, with respect to traffic, it is not Mr. Heaver's intention to favor a cul de sac to limit traffic into his development by using the cul-de-sac. He sta.ted that traffic to Knollwood would be greater through the existing neighborhoods if there were no cul de sac, and Mr. Heaver is concerned about traffic through those neighborhoods. Councilmember Huber stated that if som�one came from south of Dodd, they would turn at Wentworth to Wachtler, and &om the other way, First to Emerson and down. He felt that if Ivy were blocked off some traffic might cut through on Third to Knollwood to Emerson, but it would be extremely small. 1VIr. McLagan responded that the T.T. Smith neighborhood getting to T.H. 13 by a shorter route would have an impact. Mr. Heaver stated that he has spent several thousand dollars in the past 30 days hiring professional people to study the site and do research, and he feels they have provided sound engineering ' conclusions, and that the traffic consultant report is favorable and compatible to the extension of Knollwood as it winds down to two other existing cul de sacs. He felt that his consultants have done a tremendous job and that if two lots are removed it will not positively impact area drainage. He explained that the lots are not minimum sized lots but rather exceed lot width and size standards, and stated that the project will be first class. Councilmember Koch stated that she feels that the developer and Mrs. Logan should be commended for the way they have handled themselves in responding to what she feels are unreasonable Page No. 4426 June 6, 1995 demands. She stated that certainly Council has a responsibility to protect existing neighbors and that she believes Council has done � that. She felt that the neighborhood has come with up with a magic number of 161ots and stated that she understands their concerns, and as she mentioned to Mr. Heaver, she felt that 191ots originally proposed was too many. She stated that the reality of the situation is that the proposed development does fit in with city ordinances and that Council has responded to neighborhood concerns about grading, drainage and traffic. She pointed out that Council asked Mr. Heaver to hire professionals to answer those questions, and even though Council does not perhaps like what the answers are, the reports have been given. She stated that all Council can do is the best it can do and that she did not think Council can say no to the plat because it doesn't like the density and because people do not want the development to come in. She stated that once people move into an area they start taking over and say other people cannot develop their property even though a property owner has that right as long as a11 concerns are met. She further stated that the developer went to considerable expense to answer the questions raised by Council an the neighbors at the last meeting and Council cannot now tell the -• developer it does not like the plan and he should bring back something Council and the neighbors like. She felt that by the petition, the neighbors are saying that they want Council to deny the platting request unless Mrs. Logan and Mr. Heaver do what the neighbors want them to do with their property. She sta.ted that if the drainage, safety and traffic concems are addressed and staff feels the proposal is workable, she did not feel that Council could deny the application. Mayor Mertensotto stated that he is concerned that the neighborhood is willing to accept the plat with 161ots, and while everyone has opinions, the residents have the right to speak to the issue. He further stated that he is not saying Council should deny the request because the people object, but they have raised some legitimate concerns and this is a unique parcel because of the slopes and the ' residents are looking for mpromise. He�rmed Council that he also has more conditi at he would w ddressed before preliminary plat approval, uch as whether Ivy Lane should be built. He felt that Knollwood should go through to Clement but would be willing to make some concessions if the density of the development was reduced. Councilmember Smith stated that she has two concerns, drainage because that would affect people's homes, and concerns about Ivy Lane because of the amount of water ponding there now which will not pool there in the plan. The other concern she had is the Page No. 4427 June 6, 1995 difference in elevation between the homes on Cherry Hill Road and the new homes that will abut the back yazds along Knollwood. She stated that there will likely be two story homes on Knollwood that abut homes on Cherry Hill Road and there is a 14 foot difference in the basement elevations - the existing homes will be looking uphill at another three stories. Mr. Heaver responded that the grade elevation of the Cherry Hills properties to the back yard walk-outs on his lots is about a 4 foot difference, and he did not know if those home will be one or two story structures. He stated that there are ways to break up back yazd elevations by adding decks and landscaping, and if one were to drive around Mendota Heights he would see that it is very common to have elevation differences in back yards. Councilmember Smith pointed out that this is a new development and people there will have a choice of whether they want a house behind them so much higher in elevation. Mr. Heaver responded that the existing first four homes on Knollwood have the same situation - they were built as wallc-outs. Councilmember Huber responded that there is a much greater distance between houses, the new lots which would abut the Whitley home, for example, have very shallow back yazds. Councilmember Smith asked if there is any way to address the issue � to the comfort of the people who live adjacent to the proposed lots. Mr. Heaver stated that perhaps he could develop some type of landscaping plan to put a buffer on the two foot berm to break up the height of the homes and perhaps decks to break up the height of three story homes. He sta.ted that he would anticipate that with � walk-outs he will be building more one story homes than two story homes, and that perhaps he can limit some one story homes and ' some two story homes, but that is not fair to a buyer. He informed Council that he could work with the city regazding restricting Lot 17 and 18 to one story homes so they do not have a two story impact, and he would be in favor of saying that Lots 17 and 18 and possibly Lot 1 would be one story structures with walk-outs as a compromise to address concerns of Cherry Hills residents. Councilmember Krebsbach stated that she is concerned about how the development fits into the neighborhood. She felt that a road which would go through would alter the larger neighborhood but perhaps the neighborhood would like it. She stated that Mr. Heaver Page No. 4428 June 6, 1995 built her home, which is on a slope, and that she has spoken to Mr. Heaver about taking out two lots but he indicated that removing twa lots does not work financially. She that if Mr. Heaver could remove the lots he would. She expressed concern about water on ivy Lane and stated that if the city does not want the road coming through, it should vacate the easement. She stated that she is concerned about Ivy Lane run-off and needs assurances that there will not be an appreciable increase in run off to Cherry Hills. Mr. Heaver responded that it is his understanding that some type of storm sewer system is going to be proposed for the Cherry Hills area in two or three years, as the area already has drainage problems. He suggested that perhaps now would be the golden opportunity to incorporate a system for Cherry Hills, and stated that if his project does not go through Cherry Hills will still need storm sewer to help with drainage problems. Mayor Mertensotto asked about creating a holding pond on one of the lots until such time as a storm sewer system comes into Cherry Hills to minimize drainage problems. . Mr. Heaver responded that while he is not an engineer, if a holding pond would work out he could agree with it. Mr. Shopek stated that the storm sewer that currently exists cannot pick up any water from Lots 17 and 18 to the proposed Ivy Lane because the storm sewer is not deep enough. He further stated that the project as proposed is taking as much water as possible and directing it to Knollwood, and will reduce the water coming to Ivy Lane by at least 50%. Mr. Heaver stated that he believes there aze solutions to the p�oblems but that the question is when should they be dealt with. He stated that the question is drainage and the solution is correcting a problem that already exists in the Cherry Hills azea. He further ' stated that if a storm sewer system were to be constructed in the area it would eliminate the concerns. He pointed out that his engineering consultants have stated that the system designed for his project will reduce the drainage problem in the area. Mayor Mertensotto stated that Council cannot just order in a storm sewer project in Cherry Hills and pointed out that there have been no public hearings. � Mr. Rapp stated that he can appreciate Council's wish to get to a solution but his caution is that the entire discussion has addressed Ayes: 2 Nays: 3 Koch, Krebsbach, Smith Page No. 4429 June 6, 1995 some specific concerns which are primarily on matters of technical significance. He stated that Council has received a report from a� traffic engineer addressing traffic concerns With respect to the issue raised regarding the differences in elevation from the old to new lots, he stated that the land slopes fifty feet from top to bottom and any homes people purchased how ever many years ago were certainly purchased with the expectation that this properiy would someday be developed. He stated that there is nothing Mr. Heaver can do about the fact that the land slopes, and pointed out that Mr. Shopek has pointed out repeatedly that the effect of the drainage improvements will reduce by 50% the existing drainage. He felt that if Council is really concerned about drainage, they should applaud the developer for reducing the problems the people already have. He stated that he has heard no objections from the city engineering staff or planner and if Council is going to pick on the project for questions relating to traffic, drainage and elevation of homes, it needs something that has a technical basis and not simply speculation. Mayor Mertensotto stated that Council is not talking about traffic -` congestion but rather sound traffic circulation, and informed Mr. Rapp that staff has prepared a proposed resolution to approve the project but in the event that consensus is to deny a resolution setting forth the findings will have to be adopted at a subsequent meeting. Councilmember Huber moved to deny the application. Mayor Mertensotto seconded the motion. Motion died for lack of majority. Councilmember Krebsbach stated that she is not an expert on traffic or drainage and her biggest concern is that the development fits witlun the neighborhood and in terms of the size of the lots as compare to adjoining properties. She stated that she has spoken to Mr. Heaver about making the lots abutting those on Knollwood the same widths, stating that the size of the lots on Knollwood and Cherry Hill Road appear to be bigger than those in the proposed development. She stated that she wants to make sure that the lots are large enough that when there are homes on them they appeaz as large as the existing. She further stated that no one wants to force the development on a neighborhood that is uncomfortable with it, so any accommodation that could be made would be appreciated. She asked if some kind of accommodation can be made so that a lot could come out if requested by the neighborhood if there were some assistance from the city. • Page No. 4430 June 6, 1995 Mr. Heaver responded that at this point he would not rule that out � but he has done some preliminary cost estimates and looked at grading , and he does not know what his costs are. With some assistance from the city perhaps, he stated, he could do something but he does not know what it would be. Councilmember Huber pointed out that no one made Mr. Heaver sign the deal for the property and if the numbers are not working out, that is the risk Mr. Heaver took when he went into the project. Councilmember Smith stated that she would be interested in addressing infonnation about drainage coming from Ivy Lane onto the developed properties. She stated that she knows Council has been given a figure for the drainage reduction but that she would want to make sure there is a safeguazd in place for creating ponding on one lot as a measure for seeing how the drainage pattems work, or some further assurance that it would not create a greater problem for drainage on Cherry Hill Road. Mr. Rapp responded that Councilmember Smith's concern has to do with storm drainage and also the elevation and Councilmember Krebsbach is concerned about width of homes as a compatibility issue. Councilmember Krebsbach responded that the distance between homes is a concern and that she is concerned that the housing pads � will be larger than those on the drawings and those on the drawings �/ __'� ar ar than the existing homes. She stated that she would like O�Q- �i���� so e way to determine that when this is developed it is compatible ��,� ,,,�Tn�d_ ith the two adjoining neighborhoods. <��-'�'�' Mayor Mertensotto called a recess at 11:07 p.m. The meeting was �,��-u,Q,� �. �� reconvened at 11:24 p.m. � Mr. Heaver stated that he is asking for approval subject to the recommendations of the Park Commission regarding granting the easement and building the walkway as the park dedication. He stated that he will extend the storm sewer as far as physically possible from a drainage standpoint, and reduce Ivy Lane to 24 feet wide, as recommended by city staff. Regarding height restrictions, he stated that he will commit to Lot 17 and 18 to one story homes, which would minimize the potential three story impact to the homes abutting Cherry Hills, and will commit Lot 1 to one and one-half story, which would have a lower roof impact. With respect to width of the homes, he stated that some lots are wider than 100 feet, and Page No. 4431 June 6, 1995 setting a maximum the home width of 84 feet wide will create more open space between the homes. He stated that he will berm and � landscape the lots adjoining the Cherry Hills Road properties. Councilmember Huber stated that there has been discussion about narrowing Ivy Lane but with a 7% grade, he did not know if that would be prudent. He stated that he understands and appreciates that Mr. Heaver is trying to find a solution but did not want other problems to be created. Public Works Director Danielson responded that if the roadway is 24 feet wide, there would be no parking on ivy Lane. Mayor Mertensotto asked if Mr. Heaver will complete Ivy Lane to Cherry Hill Road, including curb and gutter, as part of the special assessment project for the development. Mr. Heaver responded that the suggestion makes sense, as tlus would give a little more control over drainage. m Mayor Mertensotto asked why Mr. Heaver would only be limiting the three lots to lower profile homes when there are five residents that would be directly affected. Mr. Heaver responded that Lot 16 has more depth and on Lot 2, the home next to it is a two story home. He stated that he is not saying that the home on Lot 16 will not be a one story home but would like to have an option for two story. Responding to a question from Mayor Mertensotto about why the pedway cannot be built as part of the improvement project, Mr. Heaver stated that this is what he proposes and what was recommended by the Commission - granting an easement and the cost of building the walking path. Mayor Mertensotto felt that there should be a park contribution for each lot plus the dedication. Mr. Heaver responded that he is also offering additional landscaping on the berms and the entrance at Ivy Lane and that additional cost is for open space. Mayor Mertensotto stated that the berms are for protection against drainage problems and the only way to soften them is landscaping. Mr. Heaver responded that he is also adding landscaping down ivy Lane and trees on the corner of the lots, which is several thousand Page No. 4432 June 6, 1995 dollars worth of added expense and the cost of the walkway is several thousands of dollars as well as the value of the easement. He stated that those costs will exceed the required park contribution for each of the lots. Councilmember Smith asked how high the retaining wall will be. Mr. Heaver responded that it will vary in height from two to four feet and will extend the slope out but will not increase the slope. Mayor Mertensotto pointed out that Council does not have � documentation on what the proposed changes are and he did not want to get into a go/no-go situation. Mr. Heaver responded that there aze no proposed changes, but rather that he is talking about putting conditions on the development. Mr. Rapp stated that Council has a videotape of the discussion and there is no dispute as to the specific conditions Mr. Heaver has just mentioned, but he would be happy to restate them in detail. He stated that there is a fully submitted preliminary plat and a specific -' recommendation from the Park Commission as to park dedication and Mr. Heaver has suggested that he would be amenable to permitting additional conditions to be imposed by Council including extending the storm sewer down ivy Lane, a reduction of Ivy Lane to 24 feet wide and extension of Ivy Lane to the right-of-way line of Cherry Hill Road, a deed restriction on all lots creating an 84 foot maximum home width and further restrictions for one story homes by deed restriction on Lots 17 and 18 and 1 1/2 story deed restriction on Lot 1, and further berming and landscaping in the area on the northwesterly lots abutting Cherry Hills property owners. - With respect to berming, Councilmember Smith stated that there has been discussion about what the. possibility of a property owner changing the berming in the future. She asked if it is necessary to impose a restrictive covenant on those lots so that the property owners will know that nothing can be done to change the berms. Mr. McGinley responded that the berming and swales will be located within the public easement areas and while property owners retain the right to enjoy that easement azea, they can not make changes. Mr. Rapp stated that a deed restriction would be repetitive since there would be an easement. Mr. McGinley stated that there will be easements in the areas where the berms and swales will be and they Page No. 4433 June 6, 1995 are crucial for maintaining the drainage, and all of those �easements will be shown as permanent drainage and utility easements. Councilmember Smith asked whether they should also be recorded to say that the berms cannot be altered and that the city has the right to go in and correct any drainage problems. �� Administrator Lawell stated that the ability of the city to legally enforce that must be put together with notice to buyers that the situation exists. ' Attorney Rapp stated that deed restrictions will be fine. Mayor Mertensotto stated that there is no guarantee that with a11 of the conditions the development will turn out satisfactorily. He felt that it may be to the developer's benefit to delay action for two weeks and come back with a written proposal. He asked Mr. Heaver about the trees, and where trees will be cut. Mr. Heaver responded that the tree information can be submitted at -' the time of final plat approval. Mr. Rapp stated that there are not a lot of changes being made and that the developer seeks approval of the preliminary plat with a minimum number of limited conditions. He reiterated the conditions, and stated that if it is deemed necessary by the city, there will be an added deed restriction to prohibit home buyers from making any changes in any way to the berms or swales. Councilmember Koch moved to approve the preliminary plat for Ivy Falls Second Addition based on the revised plans and the conditions stated. Councilmember Krebsbach seconded the motion. Ayes: 3 Nays: 2 Mertensotto, Huber FIRE CODE Council acknowledged a memo from Fire Marshal Kaiser regarding a proposed Zoning Ordinance amendment relating to B and I Zoning District building construction materials. Discussion on the matter was tabled to June 20. PASTER REDEVELOPMENT Council acknowledged a memo from Administrator Lawell regarding a request from the Mendota Mall Associates for tax increment assistance for proposed improvements to the Mendota Mall. Council also acknowledged letters from Paster Enterprises, City Attorney Tom Hart and from the accountants for Mendota Plaza Associates along with a proposed contract for private Page No. 4434 June 6, 1995 development. Mr. Ed Paster and Mr. John Streeter were present for the discussion. City Attorney Hart informed Council that he has received a letter from the legal counsel for Mendota Plaza Associates regarding _ _ proposed changes in the indemnification provisions. He briefly -• reviewed the proposed changes for Council. Councilmember Huber stated that in past Council meeting discussions he has indicated that he does not agree with the use of TIF for the project and he cannot support approval. He sta.ted that he has not talked to any residents who are in favor of it. Mayor Mertensotto pointed out that the city participation would be because of public safety concerns and for storm sewer improvements. Councilmember Koch moved to approve the Contract for Private Development and authorize the Mayor and City Clerk to execute the document on behalf of the city. Councilmember Smith seconded the motion. Ayes: 4 Nays: 1 Huber TRANSIT SERVICE Council acknowledged a memo from Administrator Lawell regarding Metropolitan Council Transit Operations consideration of elimination of Bus Route #29 in September. Council also acicnowledged a"Rider Alert" from the MCTO announcing public hearings on the proposed route elimination, along with letters to and from Ms. Diane Berfelz and the Regional Transit Board and Metropolitan Council. ' Mayor Mertensotto stated that the official position the city wants to convey is that city residents are paying $450,000 in real estate taxes to the MCTO each year and presently have only two bus routes that serve the city. He stated that the city should let MCTO know that if there is any further curtailment of transit service Council will ask the legislature for special legislation which would allow a levy reduction and still provide service to city residents. Councilmember Smith stated that the city is paying far to much for the service it receives and that she does not think CounCil should limit itself to consideration of special legislation only if the route 29 is eliminated. Administrator Lawell was directed to present the city's position to the MCTO and request the involvement of the city's Metropolitan Page No. 4435 June 6, 1995 Council representative to support preservation of route 29 and to address other inequities in the current system. � CURFEW ORDINANCE Council acknowledged a memo from Police Chief Delmont along with a proposed curfew ordinance. Discussion on the matter was tabled to June 20. SPRINKLING PLAN Council acknowledged a memo from Engineer Mogan regazding VARIANCE REQUESTS requests for sprinkling plan variances from United Properties, Independent School District 197 and the city's pazk maintenance staff. Public Works Director Danielson reviewed the requests• for Council. Councilmember Smith stated that she feels the requests are reasonable and if approval of them would not interfere with water levels she would have no objection. She stated that if approval is granted, Council would need the right to rescind the variances if needed. Mayor Mertensotto expressed concern that if variances are approved, people will begin to disregard the sprinkling schedule. ,_. Councilmember Krebsbach responded that she thinks most people are complying with the schedule but suggested that the schedule should be again made available in the press as a reminder. Public Works Director Danielson informed Council that staff has the names and phone numbers of contact persons where variances axe granted so that they be contacted if water gets low. Councilmember Krebsbach moved to grant variances from the adopted Modified Sprinkling Plan to allow sprinkling of the United Properties parcels, the Joint Venture Sports Complex, Sibley High School, Kensington and Mendakota Parks athletic fields in accordance with the respective proposed sprinkling schedules submitted by the applicants. . Councilmember Smith seconded the motion. Ayes: 5 Nays: 0 TAX FORFEIT PARCELS Council acknowledged a memo from the City Clerk regarding the potential use of tax forfeited parcels for temporary ballfields. Discussion on the matter was tabled to June 20. COUNCIL COMMENTS Councilmember Smith stated that the AMM bulletin addressed committee appointments and suggested that someone from Council should be a representative on the transportation committee. Page No. 4436 June 6, 1995 Administrator Lawell informed Councii that he will submit his name for transpartation and that staff has also discussed city representatian on the housing comnnittee. Administrator Laweli infarmed Council that Mendakata Counhy Club has contacted him with respect to conducting a public fireworks display on. 3uly 4. Councilmembers indicated that they would have na objection to a d'zsplay on July 4 but that fireworks displays should otherwise be held oniy in canjunction with civic activities. � ADJ4URN There being no furtl�er business to come before the Council, Councilmember Koch moved that the meeting be adjaurned. Councilmember Smith secanded the motion. Ayes: 5 Nays: 0 TiME OF ADJOLiRNMENT: 12:33 o'clock A.M. Kathleen M. Swansan City Clerk ATTEST: Charles E. Mertensotta Mayor r a LIST OF CONTR.ACTORS TO BE APPROVED BY CITY COUNCIL June 6, 1995 Masonry Contractor Licen.se GMC Concrete Jim Gallagher Masonry Lxcavatina Contractor License Valley-Rich Co., Inc. C&N Sewer & Water Inc. Fogerty Tsxcavating Gas Pipina Contractor Licease Apple Valley Eagan Appliance SVAC Contraetors License Rapid Heating & A/C General Contractors License National Home Framers Inc. " Grand Projects, Inc. � Greystone Construction Company Patrick Votel Gary's Fence Co. Drywall Coatractor License JBL Plastering One Quality Stucco Co. Tree Service & Removal Woodland Tree a m CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PARKS AND RECREATION COMMISSION MINUTES _ JUNE 13, 1995 The regular meeting of the Mendota Heights Parks and Recreation Commission was held on Tuesday, June 13, 1995, in the City Hall Large Conference Room,' 1101 Victoria Curve. The meeting was called to order at 6:30 o'clock P.M. The following members were present: Spicer, Kleinglass, Libra, Damberg, Liberacki, Norton and Linnell. Also present were Administrative Assistant Kevin Batchelder and Parks Project Manager Guy Kullander. Guests were Steve Shimek, Volunteer Horticulturalist, Mr. and Mrs. Mike Johnson and Ms. Susan Linnell. APPROVAL OF MINUTES Commissioner Damberg moved approval of the May 9, 1995 minutes. Commissioner Kleinglass seconded the motion. , �� AYES: 4 NAYS: 0 DISCUSSION OF PRIVATE IMPROVEMENTS ON PUBLIC PARK LAND Administrative Assistant Kevin Batchelder stated that the Parks and Recreation Commission had asked staff to investigate private improvements consisting of trail construction and removal of vegetation on City property leading to the pond at the corner of Marie Avenue and Lexington Avenue. Batchelder stated that Parks Project Manager Kullander had looked at the plat maps and determined that the trail is approximately 80' to 100' into the park land which is controlled by the City. He stated that the Code Enforcement Office had sent a notice to the homeowner, Mr. Mike Johnson, of 1085 Bwana Court, informing him that the path was on public property and was possibly in violation of the Wetlands_Ordinance. Mr. Johnson's response to the letter from the Code Enforcement Office had been to request an appearance on the Parks and Recreation Commission agenda to discuss this situation. Batchelder stated there are two issues involved in the location of this private trail. He stated that the trail encroaches onto City property, which is an 1 4 area of open space which was dedicated to the City to satisfy the Park Dedication requirement for the subdivision of this neighborhood. Batchelder , stated that the Parks Commission should consider whether or not to recommend that this private use on public open space be allowed to continue. Batchelder stated that the second issue was a Wetlands Ordinance issue that was not intended for the Parks Commission but was a Planning Commission consideration. Mr. Johnson stated that he had put this path in five years ago after a visit by the City's inspector who had informed him to keep this area in a natural state. Mr. Johnson stated that the wood chip path is as natural of a material as possible. Johnson submitted pictures from his property and from across the pond demonstrating where the wood chip path accessed the pond. Johnson stated this trail was never noticed until new wood chips were put in place this summer. He stated that he keeps 150 pounds of feed at all times for the ducks and geese on this pond and that this is the first year that there have been both ducks and geese on this pond. � Mr. Johnson complained about the City dredging project on the pond and stated that it hurt the wildlife in that area. Johnson stated that the trail is � for his children and that all of the neighborhood children are attracted to the pond to feed the ducks and geese. Ms. Susan Linnell, of Marie Avenue, stated that she was highly upset that the trees were cut down by the crews who did the dredging of tfiis pond. Ms. Linnell stated that the City attempts to build on every pnch of property in the City and that the cutting down of the trees in this area was a tragic occurrence. Commissioner Linnell arrived at 6:40 o'clock P.M. Ms. Linnell stated that she lives across Marie Avenue from- the pond and that she feels that what the City did to the trees in this area, for the dredging of the pond, is worse than any wood chip path constructed by a neighbor. Mrs. Johnson stated that what this pond needs is to trim all of the vegetation around the pond as it is overgrown. Chair Spicer arrived at 6:45 o'clock P.M. Mrs. Johnson stated that it was her understanding that at one time this property was considered an outlot by the City but now it is considered 2 wetlands properfiy. Mr. Johnson stafed that it is his desire to keep this area wild and that he has planted many wildflowers and other vegetation in this area. Mr. Johnson stated that he is scared that a child could approach the pond in the area of mud left behind by the City crews and that this is more of a dangerous situation than his path. Johnson stated that he is irritated that the path has been there for five years and that only now when he has added new wood chips has the City contacted him to say that this path is not allowed. Commissioner Norton stated that she raised this issue at the last Parks arid Recreation Commission meeting due to her concern that private improvements had been made on City property. Mr. Johnson stated that he did not realize it was City property. Commissioner Damberg inquired if it was correct that Mr. Johnson had stated a City inspector had approved this wood chip path. Mr. Johnson stated that Public Works Director Jim Danielson• had visited his rear yard at the time he was removing vegetation to construct this trail. Johnson stated the inspector had informed him that it was necessary to keep this area natural. Mr. Johnson stated that he felt wood chips were the most natural �� pathway material. Chair Spicer stated that what is at issue here is really a legal question regarding wetlands and wetlands permit. Spicer stated it that is the Planning Commission's prerogative and requires an application fo'r a Wetlands Permit. Mr. Johnson inquired what is it that the City wants him to do. Chair Spicer inquired of the Parks and Recreation Commission what they wanted to do about this issue. Spicer stated there are a lot of alternatives for recommendations but he believes there should be two issues that are addressed. Chair Spicer stated the first issue is the use of park or open space property, controlled by the City, for use as a private pathway. Spicer stated the second issue is a Wetlands Permit issue and is the Planning Commission's prerogative. Commissioner Norton stated she feels there is another issue, that being a liability issue involved in neighborhood children using this path down to a pond on City property. Chair Spicer stated that this may be an attractive nuisance to the area with the children feeding the ducks. Mr. Johnson complained about the dredging of the pond and stated that this project had killed many turtles in this area. � t 1 Commissioner Kleinglass inquired of the other Commissioners why is the City beating people up over a little trail that goes down to a pond. The , Commission inquired of the Engineering staff on what the progress of the dredging project was. Guy Kullander responded that the Engineering Department had been directed by the City Council to clean this pond out and dredge it. Kullander stated that this project was completed in the _ winter when the pond was frozen and that the dirt is either hauled away or is reshaped. Kullander stated the City is waiting for the ice, that was scraped up in the dirt pile, to melt and for the dirt to dry out before final grading can be completed later this summer. Kullander stated the City will seed in this area and that it was hoped that the natural vegetation around the pond will regenerate and eventually grow back. Ms. Susan Linnell stated that Jim Danielson told her that new trees would be replanted in this area. Commissioner Stan Linnell stated he feels that trees can be replanted in this area, however, dredging was done to improve the water quality of the pond and that it should be successful and that when revegetation occurs this pond will be in better shape. Mrs. Johnson stated that she feels that it is a tragedy that the City had ripped up the pond and that all of the dirt has settled back into the pond that was dredged out. Mr. Johnson concurred and stated that he has video taped everything that has occurred at this pond. Commissioner Damberg moved that the Parks and Recreation Commission recommend that the path can be maintained in place until such time as a Wetlands Permit can be sought and obtained. Commissioner Liberacki seconded the motion. Commissioner Linnell stated that he is concerned about the precedent that this might set and the fact that everyone living on a pond, or next to a park, might want to do something similar. Mr. Johnson stated he has had to feed the ducks to keep them alive in this area due to the City's dredging project. Mr. Johnson stated that he spends 520.00 every Sunday on duck feed. Commissioner Linnell stated that it is possible to access this pond and feed the ducks without a five foot wood chip path that requires removal of vegetation in a wetlands area. Commissioner Damberg stated she feels the City is getting very persnickety and was not following their own rules in cutting down trees around the ponds. Damberg stated that she is noticing that other people are trying to make improvements on public property and mentioned that residents in her neighborhood are attempting to install wildflowers on some City park open space. Commissioner Damberg 4 � 3 inquired if the City was going to be an obstructior�ist in this improvement process. . Mr. Johnson stated that he could have had 300 people attend this meeting to support him and stated that he cleans up trash around this pond every summer. _ Chair Spicer stated that there is a motion on the table as it relates to the Parks Commission duties regarding a private path on City park property. ' Commissioner Libra inquired if any fill had occurred in this area other than the placement of wood chips. Commissioner Norton stated that she is also upset about the dredging, but, it will be restored after final grading has been done on this project. Commissioner Norton stated that dredging is not the issue before the Parks and Recreation Commission but that the path is�the issue the Commission � should be addressing. Norton stated that in her opinion, the path is not a natural state for the wetlands area and that it should not be on public property. �� Commissioner Libra stated the fifteen feet around City streets is boulevard, however, that is being maintained and mowed by all of the property owners whose front yards go out to the City streets. Commissioner Linnell stated that is a right-of-way vs. an ownership issue. Libra stated that wild natural growth around a pond a�ea does not necessarily look more beautiful than landscaping improvements that could be made by homeowners. Libra stated that Copperfield has restrictions around the pond and that they may prove detrimental as the natural growth takes over and restricts everybody's ability to view the pond or access the pond. � Batchelder stated that the City's Wetlands Ordinance does not prohibit people from doing landscape projects around wetlands areas, it only requires that they seek a permit in order to do so. Chair Spicer called the vote and asked that the motion be reread. Administrative Assistant Batchelder stated that Commission Damberg had moved that the path can be maintained until such time as the Wetlands Permit can be sought and� obtained. Commissioner Liberacki had seconded the motion. AYES: 5 NAYS: 2, NORTON, LINNELL 5 The Commission directed the applicant to file an -application within seven days for a Wetlands Permit. The Commission stated that if no permit is •- issued for this pathway then it should be returned to its natural state. Commissioner Damberg stated that she feels this park area should be improved in_ the manner of Ivy Falls Park and that water quality issues should addressed by the Engineering staff. Administrative Assistant Batchelder inquired of the Commission if this recommendation means that they are consenting to allow a private path on City park land. The Commission was of the consensus that their recommendation did not mean that the path could be on public property only that nothing should be enforced by the Code Enforcement Office until such time that a Wetlands Permit can be applied for and that the Wetlands Permit process is completed. Commissioner Damberg inquired of the Engineering Department as to the status of the dredging project is. Parks Project Manager Kullander stated that City Council had directed that this pond to be dredged because of requests from residents in the area. Kullander stated that no landscaping �� plan had been included in this project because the natural vegetation in this area will come back following final grading. Kullander stated that the storm water utility fund paid for the dredging project and that City Council would have to approve any additional funds for tree plantings. Kullander stated that this area is going to be regraded as soon as the dirt is dried out and following regrading, it will be seeded. Mr. Johnson inquired how much the dredging project cost. . Kullander stated that the dredging project cost 510,000 and was paid for by the Storm Water Utility Fund. Chair Spicer stated that staff had informed the Commission all along, since January, that it would be June or July before final grading would occur. Commissioner Linnell moved to recommend that the City budget landscape restoration for this pond in the amount of 53,000 for additional tree plantings. Commissioner Damberg seconded the motion. Mrs. Johnson stated that it would be nice to include benches along the trail. Chair Spicer stated that if the City does do benches in this area, the stones from Acacia Cemetery should be used for this purpose. Commissioner Liberacki inquired if funding for this type of thing would come from the � � City's Park Budget or from the Public Works Budget because it was their storm water project that necessitated the need for this. Commissioner Linnell stated that his motion intended that any funding for landscape restoration come from the Storm Water Utility Fund. AYES: 7 NAYS: 0 INTRODUCTION OF VOLUNTEER HORTICULTURALIST Chair Spicer introduced Mr. Steven Shimek, of Mendota Heights, who had recently been appointed by the City Council as the City's Volunteer Horticulturalist. Mr. Shimek described his involvement regarding tree � inspection and certified landscapers at the time the trees were installed at Mendakota Park. Following this, Mr. Shimek offered his services to the City Council who had accepted him as a Volunteer Horticulturalist. Mr. Shimek � stated that he has worked with City staff on providing better tree specifications for our Boulevard Tree Planting Program and other projects that the City is involved in that require tree installation. Shimek stated that he is a Horticultural Consultant and works for the State of Minnesota as a Forester. Mr. Shimek stated that he is a member of the State Sh'ade Tree Advisory Commission and is involved with of the Tree City USA program. Mr. Shimek stated that he had received twelve or thirteen calls since the growing season has begun and that he is concerned that the City is using him to do individual tree inspections for homeowners. Mr. Shimek stated he was under the impression that his volunteer horticultural position was to help the City with tree management issues and policies and that if homeowners need tree inspections that there are referral businesses that can do that for them. Mr. Shimek discussed how he can help the Parks and Recreation Commission by providing assistance on project bidding and grant money that may be available on a cost share basis for future park projects. Commissioner Liberacki stated he feels this new position is a valuable resource to help the City to deal with forestry issues and policies, however, he agrees with Mr. Shimek that we should not be wasting his time with individual tree forestry advice. Mr. Liberacki stated that he feels that the `J [ •• volunteer horticulturalist will burn himself out if he was to get involved with every resident in the City who wants a tree looked at. �- The Commission discussed having Mr. Shimek review the Draft Tree Preservation Ordinance and directed staff to take a second look at the referral policies for referring phone calls to Mr. Shimek. _ Commissioner Liberacki stated he had reviewed the draft Tree Preservation Ordinance and that he felt it was burdensome for individual homeowners. Liberacki also stated that City Council should not be involved in every tree permit approval. ��►1J�1S��u11 �ii�;L�]_1:�:�� The Parks and Recreation Commission discussed vandalism in the parks and stated they would like the Police Department to� prepare information, for � their review, regarding the type and frequency of vandalism incidences, the dollar costs of vandalism in the parks, what possible public education steps could be taken and report to the Parks and Recreation Commission about �� safety in the park, how the parks are patrolled and any other recommendations on further actions or improvements that can make the parks safer. Commissioner Damberg stated that she had atterided a seminar where she overheard homeowners who are adjacent to Valley Park express their fears about the types of nighttime activities that are going on in the park with bonfires and drinking activities. Chair Spicer stated that the judges in his experience always order full restitution when the police have been able to catch vandals. Spicer stated new State laws require parents to be liable for criminal actions of their children up to $1,000. Commissioner Libra stated that the Kensington Park drinking fountain had been smashed. VERBALUPDATES Administrative Assistant Batchelder provided the Commission an update on the discussion of baseball and softball use at Mendakota Park. He stated the City Council invited any interested Parks Commissioner to attend their meeting on June 20th when physical improvements to Mendakota Park would be considered in order to address the issue of foul balls. 0 t L Batchelder stated that the City Council had also directed staff to begin working with the Mendota Heights Athletic Association and the softball groups to discuss possible baseball use at Mendakota Park and whether the reservation system could be adjusted to allow Mendota Heights youth to play baseball at these fields. Chair Spicer stated that he has had phone calls from Mendota Heights Athletic Association representatives about this issue and that he feels if play is to be expanded at Mendakota Park, perhaps the City should look into installing lights at the park in order to extend the use of those fields. Commissioner Norton was excused at 8:00 o'clock P.M. The Parks and Recreation Commission was of the consensus to schedule trail stenciling for Sunday, June 25th at 10:00 A.M. and directed staff to provide stencils and paint. Commissioner Liberacki volunteered his little red wagon to carry the paint and supplies as the Parks Commission walks the trails and stencils the distance markers. • � ' Administrative Assistant Batchelder stated that the bids are being prepared for Ivy Hills Park and North Kensington Park. He described the changes in � the plan to the Ivy Hills Park Landscape Plan by Mr. Hagstrom at the request of City Council. Parks Project Manager Kullander stated that City Council had approved bidding out the stone work for these two parks separate from the landscape improvements. Batchelder stated that City Council had forwarded the Parks and Recreation Commission comments on the Dakota County Capital Improvements Plan to Dakota County. Kullander stated that City Council has approved a tennis court resurfacing bid including the patching and sealing of other courts. Kullander stated that Ivy Hills Park and the Mendakota Park basketball courts would receive resurfacing this year. Kullander stated the plan was to resurface Valley Park next year, as per the Capital Improvements Plan. Commissioner Linnell stated that he is concerned that the adjustments made to the Ivy Hills Park Landscape Plan included too many trees and that this has the potential of harming the wildflower and prairie plantings. Kullander stated that the trees could be put into the bid as add alternates and City Council can determine whether these should be installed at the time bids are received. Commissioner Linnell stated that the Community Education Department has contacted him about their desire to have a member of the City's Parks and � Recreation Commission serve on the Community Education Advisory - Council. Linnell stated that there is an opening for a Mendota Heights representative and he distributed the information from that request by the Community Educati.on Department. Commissioner Liberacki stated that he had been asked by the School District to serve on a committee that is planning for the new middle school at the Friendly Hills site. Liberacki stated that this may be too much of a time commitment for him and he inquired of the Commission if it would be appropriate for him to serve as a liaison on any kind of planning committ�e for a new middle school. The Commission agreed that this was appropriate. The Commission stated the City should be involved in any discussions or any planning for the new middle school site. The Commission discussed tennis courts and gym space at the new middle school. Commissioner Liberacki informed City staff that Hagstrom-King Park had a silt fence still in place and that there is a drainage problem at a culvert outlet at the pond at Hagstrom-King Park. DISCUSSION OF CAPITAL IMPROVEMENTS PLAN The Parks and Recreation Commission continued the CIP discussion until their July meeting. ADJOURNMENT There being no further business, the Parks and Recreation Commission adjourned its meeting at 8:30 o'clock P.M. Respectfully submitted, Kevin Batchelder Administrative Assistant 10 1 - � m �. � MENDOTA HEIGHTS FlRE DEPARTMENT MAY 1995 MONTNLY REPORT FlRE CALLS NO. 95093 • 95107 rirst �►I.AtiMS U15PA7Ct1ED: NUTABFA AGTUAL FlRES Struciure - MH GommercEal Structure - MH Rasidential � Struciure - Goniract Areas Veh%ie - MN 1 Vehicle - Contract Areas Grass/BnishlNo Value MN Grass/Brush/No Value Contract MEOICA�. Assist . 1 Extrtcation � HAZARDOUS SI7UATION Sp(IlslLeaks � ArcinglShor#ing Chemical Power Llne Down FALSE AL.ARM Reslclential Maifunctlon 2 Commercial Malfunction 1 Uninteniionai - Commerciai 1 Unintentional - Residential 2 Crimtnal 2 GdODINTENT Smoke Scare 1 Steam Mistaken for Smoke 1 Other 1 MUTUA�. AID rora� ca�.�s � � LOCATION OF FIRE AI.ARMS: TO DATE MENDOTA HEIGHTS 13 g 8 MENDOiA p � SUNFISH LAI� 1 1 u�YOA� � s OTI-�R 0 1 TOTA�. 15 107 WORK PERFORMED HOURS 70 DATE FlREGAL[_S 219 2067 MEEr� 4 8 317. 5 �� 140 1033 � VEEIQY CLEAN-UP 2 7 17 9 .'ECIAL ACTlVITY 151 542 ADMtNiSTATIVE 0 p FIRE MARSFiAL 91 418. 5 TOTAi.S 676 4557 NUMBER UF CAtlS: 15 .'[""�iRUCTURE CONT�NTS MISC. TOTALS TO bATE $0 $5,500 $0 $aoo � $� a,soo $1,000 TOTAL MONTHLY FlRE LOSSES $� $� $400 F'IRE LOSS TOTALS MENDOTA HEIGHTS AI.L FiRES, ALL, AREAS (MONTH) $400 $25,400 MEND. KfS.ONLY STRUCT/CONTENTS $4,500 MEND. H1'S.ON�.Y MISCEELANEOUS $f 9,900 MEND. H7S. T4iAL LQSS TO DAIE $24,40Q BIi.i1NG FOR SERYiCES tAST YEAR 86 3 3 7 2 101 LAST YEAR 2as�.� 217.5 638 169 546.5 0 581.5 40Q7 AGENGY THlS MONTH TO QATE MN/DOT � p MlC.W. RR $ p �� $0 o��s: � � $o TOTALS: $0 $0 FlRE MARSHAL`S TtME �OR MONTH tN:�EGl'K3tVS INVESTEGA'i[ONS RE NUSPECTK}[V MEFTN�S ADMINISTRATION SPECIAL PRO�IECTS TOTAL 3� '[ . 5 4 13 38 4.5 ' 91 REMARKS: SEE OiHFA SIDE FOR SYNOPSI5 SYNOPSIS The fire department responded to 15 ca11s during the month of May, 1995. Thirteen calls were in our City, while one call was to Sunfish Lake and Lilydale. Calls included medicals, vehicle and equipment fires, and investigation calls including alarm malfunctions, burnt toast and steam from a hot shower. MONTHLY DRILL Training was done using 2.5" Blitz line attacks with crews of four people. We use these laxger lines for attempting to cool larger areas of fire. CLEANUP/SQUAD DRILL Training evolved around the new water system in the City of Mendota. Relay pumping and familiarization of the water system were the theme of the drill. SPECIAL On May 8, 1995 a mock vehicle accident relating to prom night and alcohol usage was simulated at Henry Sibley. The fire and police departments, Health Ea.st, Life Link, State Patrol, and representatives from a local mortuary all worked together to simulate a vehicle accident for all Sibley High School students. The fire department demonstrated their expertise in extrication of victims from the twisted vehicles, as well as assisting all other agencies in this mock drill. Mendota Heights Fire Department received the Community Service Award as IvTinnesota Fire Department of the Year. This award is given annually to a fire department demonstrating that community involvement and education of the citizens axe indeed a great part of any fire service. FIRE DEPARTMENT MONTHLY WORK PERFORMANCE FOR MAY 1995 SPECfA� - Flre Prevention t}utside Fire & Cammittees �',.At1S fQR MONTI-1 ii� F�E F�tE PEA(�TS'T Ct�EAN MOMNC,Y {�l+1 QFflCER 5QtlAp F.F. tl SPE{XAi. 15 CALLS CALL CALLS A"1TENDED lP DRILL MTG MT�G DRILL ACT. YFJtRTOQATE ATT'D FFOURS ATT'D iNIS 1 2 2 2 2 ADM 107 MCINTH MONTH YEAR YEAR H011RS HOURS HRS. HOIJRS HQURS HOURS hiQURS IifS Adrian, Ed 7 7 67 63% 1 2 2 Blaeser, Bret 9 9 88 82�to 1 2 2 2 &ennan, Mike 8 8 58 54% . 1 2 2 Coafes, Aaron 5 5 38 36�0 1 2 2 2 Connol , Marcus 4 4 38 36% 1 2 2 2 9.5 t'�oOttAR, MIkB 3 3 84 32°l0 1 2 2 Dreelan, David 8 8 7Q 65% 1 2 2 12 7 DfBe18R P8U! 3 3 56 52�10 3 2 2 2 Hennin , Scott 10 10 82 77�0 1 2 2 8 Husnik Ted 2 2 29 27°l0 1 2 2 2 Katzenmaier Ron 8 8 74 69% 1 2 2 2 Kaufmann Mark 8 8 56 52�0 1 2 2 12 2 Klbu , Jim 5 5 50 47°/a 1 2 3.5 Kin sle Ro 5 5.5 71 66�'0 1 2 2 2 12 24 idarkowski Walt 5 5 26 24�0 1 2 2 2 L akko John 3 3 73 68°to 2 I6 Lerbs, Jamie 7 � 59 55% 1 2 2 Lowe, Geor 5 S 53 50°to 1 2 2 3 '�czko, Jahn 4 4.5 44 a1�o 2 7.8 .aczko, Mike 9 9 43 40°to 2 2 1.5 McNamara, Ran 4 5 35 33% 1 2 2 2 Nelson, Gerald, Jr. i 1 11 83 78°to ' 1 2 2 2 2.5 Neska, John 9 9 48 45°Jo 2 6 Olund, Tom 6 6 33 31°10 2 Oster, Tim 7 7 46 43% 1 2 2 12 1 Paton, Dave 5 5 4 2 39% 1 2 2 2 7 Perran Jim 8 8 58 54% 2 2 2 4 16 Perron, Kevin 6 6 40 37% 1 2 2 Shieids, Tam 5 5 48 45% 1 2 2 S'erven Gor 5 5 54 50�0 1 2 2 8 Stein Keith 12 12 72 67�0 1 2 2 2 8 Stenhau , Jeff 4 4 43 40% i 2 2 ? Weinzettel Tom 7 7 3 i 29�0 2 Weisenbu r, Ken 3 3 57 53% 1 2 2 8 Zwim, Dick 7 7 80 75�o i 2 2 2 S.5 TOTAL FOR NK3hiTN 219 'i'OTA� ATTENDED 27 19 24 0 26 4 23 TOTALFORYEAR 2067 TOTALMAN!-IOURS 27 38 48 Q 54 48 151 THIS MONTH LAST MONTM LAST YEAR AVE. RUNS/MAN 6.78 )OC7W0{3�CXX �UOCX7�C)OC 'E. MEWRUN 14.47 16.19 15.73 „VE °!o FOR YEAR 54.88 56.45 51.15 r � v NORTHERN DAKOTA COUNTY CABLE COMMUNICATIONS COMMISSION � 5845 Blaine Avenue � Inver Grove Heights, Minnesota 55076-1401 612/450-9891 FAX 612/450-9429 TDD 612/552-9675 MEMORANDUM TO: City tiiayors and Administrators/Clerks: - Inver Grove Heights - Litydale - vlendota - tilendota Heights - South St. Paul - Sunfish Lake - West St. Paul FROM: Jodie lUliller, Executive Direct DATE: 1 June 1995 RE: i�iDC�t I�iEETIIVG VIINUTES � AGENDA Enclosed aze copies of the LiNAPPROVED minutes from the April Sth NDC4 Commission meeting and the May 3rd NDC� Executive Committee meeting. Please distribute copies of these minutes to your city council members. rUso enclosed is a copy of the Agenda for the next full Commission meeting on Wednesday, June 7, 1995. � Please feel free to contact me at 450-9891 with questions or comments regarding any cable issues. Encs. � � ■ � ■ ome see the future of NDC ALPHACHAT�TNE Yo:� are invited to attend a demonstration of the alphachannel. Alphacharinel is a new service that offers cable viewers the opportunity to access information, via NDCTV, 24 hours, a day seven days a weeki Alpahchannel would potentially replace the texscan system which viewers curref�tly see on the NDCTV channels. The "network quality" graphics arrd text would attract viewers while the interactive capability lets them choose the informatiott they want to see! Come and check it out! An Alpha Video representative will demonstrate the alphachannel at the NDCTV studio on Wednesday, June 7th at 6:00 0 alphachannel is a new service that will help you keep city hall open 24 hours a day, by providing up- to-date, viewer-accessed information on your graphics and text, viewers will be able to obtain timely, vital information while you and your staff are sound asleep. And during the day, the government cable channel on a continuous basis. number of incoming calls you receive will be How? Through appealing "network quality" dramatically reduced, saving time for your staff! It's Interactive — And That's The Way - Your Viewers Want It! Imagine giving every citizen in your city the opportunity to easily access important information simply by using their touch-tone phones. All they do is dial the number on the screen, and then enter� the three-digit code for the specific information they want. Within seconds, it's on the screen. Council and committee meeting schedules. Emergency information. Health tips. Announcements on park activities and recreation programs. Your viewers can even participate in opinion polls and surveys. And it's all ' presented on visually compelling backgrounds that make alphachannel fun to watch! 0 a U�I�PPRO VLD Northern Dakota County Cabie Communications Commission Fuil Commission Meeting April 5, 1995 1. Call to Order/Pledae: The Apri15, 1995 ?�DC4 meetrng was called to order by Chair George Tourville at 7:00 p.m. The Pledge of rUlegiance was recited. i�tembers Present: �tvin Boelter, Lucille Collins, Henry Hovey, John Huber; Jodelle Ista, Laurence Jung, John OBrien, Paul Fieper, Mike Sokol, and George Tourville. Members Absent: John Lagoo, James Levy, and Richard Vitelli. Others Present: Mark Cn�bbs (Tautges, Redpath & Co., Ltd.); Brian Grogan (NDC� legal counsel); Cheryl Smith and Fran Zeuli (Continental Cablevisionj; and Joy Curtin and Jodie i�liller (sta�. Chair Tourville introduced and welcomed Laurence Jung the newly-appointed city council representative from the City of Ntendota. 2. Adopt Agenda - dloiion ¢S-9S-� to adopt the Agenda as submitted was made by 3odelle Ista, seconded by L. Collins, and unanimousty carried. . 3. Consent Agenda - A) Approve Minutes: The Febtvaty 1, 1995 NDC4 meering minutes were presented for approval. �Lfotion �S-9S-2 to approve the February 1, 1995 full Commission meeting minutes was made by J. Huber, seconded by L. Collins, and carried. - B) Approve Executive Committee Minutes: The March 1, 1995 NDG4 EYecutive Comrnittee minutes were presented for approval. J. Ista noted that the minutes should indicate that she arrived at the meetnig at 7:30 p.m Motion 4-S-9S-3 to approve the March 1, 1995 Executive Committee meetrng minutes as changed was made by J. Ista, seconded by L. Collins, and carried. Cj Approve List of Claims: The List of Claims for 3/2/95 - 4/5/95 was presented for approval. .cLlohon �S-9S-�f to approve the Last of Claims for 3/2//95 - 4/S/95 was made by J. OBrien, seconded by J. Huber, and carried. 4. ' Audit Report - The NDC4 and NDCTV 1994 Audit Reports, which had been previously mailed to Commissioners, were presented for discussion. J. IvTiller introduced Mark Cri�bbs, from the accounting firn�, Tautges, Redpath & Co. Mr. Gibbs thanked the Commission � � r • • � NDC4 Commission Meeting Ap�il 5, 1995 UNAPPROVFD for the opportunity to conduct the audit. He then reviewed and presented recommendarions of the auditors. 1) tiVhichever organization is going to be responsible for equipment replacement should establish a capital equipment plan and designate funds for that plan. � 2) Designated funds for cash flow should be increased from 15°'o to 25°'0 of ensuing yeazty tranchise fee revenue. Ghair Touiville stated that the Commission will take these recommendadons under advisement. J. Miller noted that at the last meeting a question was raised on how to budget for unemployment claims. In discussion with the accountants, she was advised that the designated fund for "emergency" or unanticipated eYpendiiures should be increased from 5% to 1�°�o of total budgeted operating expenses. M. Gibbs noted that on the State of Muuiesota Legat Compliance Checklist, it is required that financial institutions provide collateral for funds in excess of �100,000. J. :�iiller has made azrangements for Southview Bank to provide such collateral on NDC4 deposits up to �200,000. (t1$10U,000 United States Treasurer's Bond has been pledged to cover deposits over $100,000, which are covered by the FDIC.) ' J. Ista inquired about the status of the Hg' Grant. J. vliller responded that some of the money was spent to equip the old studio with hearing impaired equipmen� She will research the issue fiu�ther and provide a recommendation to the Commission at a future meeting on the amount of money remainin� in the Grant and stipulations for its use. She also noted that staff is working on an Equipment Replacement Schedule and anticipates joint discussions will take place between NDC� and NDCT'V during the budget process that will also include establishing a 5 year equipment replacement plan. NDCTV will hold a planning session in the spring at which equipment replacement will be discussed. �llohon 4.S.9S.5 to accept the NDC4 and NDCTV 1994 Audit Reports and receive the auditor's recommendations on each was made by J. Ista, seconded� by J. Huber, and unuumousiy carried. � 5. NDCTV Update - J. Miller reported that John Kemp is the newly elected President of the organization. He has begun to work on fonnulating goals and restructuring committees for the year ahead. There will be a Strategic Planning Session in either May or June to which Commissioners will be invited. The coverage of the South S� Paul elections on Apri14 was very successful due in large part to help from the approximately 25 volunteers, technical and staff support &om Continental, and 1Q local businesses that helped unde�vrite the program. 6. C'itizen Comments - One caller inquired about the status of Channe143 reprogramming and expressed an interest in receiving a particular cable service. Page - 2 NDC4 Commission Meeting Ap�il 5, 1995 [jli�LTlJG%1�1�►� 7. Continenta� Report - Continental Representative, Cheryl Smith reviewed the new quarterly report showing Continental's compliance with the FCC Customer Service Standards. She noted that the busiest times for customers to be calling are on Nlondays at the beginning of each month and from 9:00 a.m. to 9:20 a.m. each day. However, some of the phone call overload has been alleviated by establishing customer service hours 7 days a week. The Service Call Guarantee, whereby Continental guarantees to refund $20 to a customer if they do not make the appointment within a desi�nated tirne period has worked very well over the past two months. Continental Representative, Fran Zeu1i presented FCC Form 1205 establishing a change in equipment rates for discussion. B. Grogan explained that this form which is similar to the one presented ]ast year, deals onty with an adjustment to the equipment rates. The Commission must either approve or disapprove the rate change within 30 days of receipt of the form or extend the time frame in which to review the document for up to 90 additional days. The Commission should review the numbers to determine that Continental conectly interpreted FCC rules regazding rate adjustments. ffno action is taken, the rate change will be effected. B. Cri�ogan recommended the same procedure as in the past which is to extend the review time for 90 days to allow the Commission to consider the issue and take action at its June meeting. Mo�ion 4.5.95. 6 to extend the time frame in which to review Form 1205 by 90 days was made by P. Pieper and seconded by J. Ista. Discussion continued during in which it was noted by B. Crrogan that he believed the review should talce place fairly quickly and that the Commission could take action sooner than the 120 days allowed. B. Grogan cautioned that the Comnussion may not extend the review process to deliberatety delay rate adjustments from taking place. It was pointed out by Continental that there is no longer a wait-list for cable boxes. Chair Towville pointed out that the earliest the full Commission can take acrion on the request will be at its June meeting B. Grogan will review the foims and the issue will be placed on ttte June Agenda. The vote was taken and the motion was unanimously cazried. F. Zeuli reported that Continental recently completed negotiating an agreement called a "social contract" with the FCC which is now available for comment. The purpose of the contract is to set forth reasonable basic cable rates, allow Confiinental to increase channel capacity and technical reliability, and reduce administrative regulatory burdens. Specifically through this agreement, Continental will commit to spending $1.35 billion to upgrade or rebuild its systems in the United States to between 550 and 750 mgh. which will increase channel capacity; and decrease basic rates by 15°% beneficial to those on fixed incomes. He suggested that the Commission and Continental meet in the next few weeks to discuss the contract in detail after everyone has had time to read the document in its entirety. B. Grogan commented that although he just received a copy of the coniract needed time to review it in detail, this contract represents a dramatic shift for the FCC from the past three years of intensive rate regulation requirements to very limited regulation. The Chief of the Page - 3 NDC4 Commission Meeting Ap�il 5, 1995 UNAPPROVED Cable Services Bureau of the FCC has a�reed to ihis contrac� however, commissions regulating Continental's franchises all over the country must also formally approve the contract. Anyone can submit written comments to the FCC; by 1�Iay 3. Repiy comments will be accepted by the FCC until May 18. Timing for the NDC4 Commission to deal with this mattefwithin the May 3rd deadline is very diffcult given that the contract was only just received and the meeting dates for the Commission. Discussion followed. Chair Tourville suggested holding a special Commission meeting with Continental before the May 3rd Commission meeting to decide whether or not to make a public comment. J. Miller noted that the FCC has offered to make a staff person available to answer questions from Commissions via a conference call. �fter further discussion it was agreed to hold a special Commission meeting on Wednesday, Apri119 at 4:00 p.m. A copy of the "Social Contract" will be sent to member cities, inviting their comments and questions, along with notice of the special Commission meeting. F. Zeuli reported that the Music Choice (digital music service) will become a reality in the NDC area on or about June 1. Ciurent subscribers will be notified of the new service approximately 30 days before the June 1 start date. Current FM subscribers will also be notified on or about May 1 that their service will be discontinued for a short period of time before the new music service becomes available. Thev will also be offered a free 2-month trial of the new music service if they wish to receive it. J. Miller reported that currently the FI�i radio channels play back over the access channels and that a decision needs to be made whether to use the commercial-free service (which would not be charged) or to continue with the Fl�I service which may require some equipment changes. i�1. Sokol inquired about the status of the use of Channe143. F. Zeu1i responded that it is hoped that the channel will be activated by June 1, but at any rate, subscribers will be notified of the change one month in advance of the change. J. Ista asked about a quesrion raised at a previous meeting regarding subscriber growth. F. Zeuli responded that at this tune it is premature to project numbers for 1996 and that for budgeting purposes, NDC4 could take a conservative approach and-use the budgeted 1995 franchise fee numbers. He also explained the drop in the Home Shopping Channel in December was due to adjusting quarters for the entire year during that last month. 8. Legal Counse! Report: B. Grogan reported khat Time-Warner attempted to introduce addressable converter boxes in all their systems for receipt of basic service, in effect raising basic rates by $4 to $6. Time-Warner backed-off from the attempt as a result of the negative reaction which invotved congressionalleaders opposition to the automaric rate increase. Cable industries are reporting a trend of increased subscribership to basic and expanded - tiers of services. Page - � NDC4 Commission Meeting Ap�i15, 1995 UNAPPROVED B. Grogan briefly reviewed the Open Meeting law and how it might impact the Commission and its meetings. Any meetings must be posted. It is illegal to gather behind closed doors and discuss Conunission business. Staff Report - Executive Director: J. Miller pointed out the phone log which was included in the meeting packct that identifies the phone calls taken at the NDC4 offce. Executive I3irector evaluations should be returned to Chair Tourville. Hopefully, the evalua�ion process wi11 be completed in April. A letter from the League of Minnesota Cities was mailed to all cities soliciting donations to support telecommunications bills and lobbying efforts favorable to cities. Staff will review the budget and make a recommendation at the next meeting whether the NDC4 should make a donation for its member cities. Chair Tourville suggested the issue be brought back for a decision by the full Commission at its June meering. In renewin� the LMCIT insurance, there was an optional rider for open meetrng law liability. Staff recommended making Commissioners aware of the law and how it affects NDC� and not purchasing the additional coverage. J. Miller updated the group on the Citivision Letter of Agreement which has been passed by all seven member cities. I�tonetary comrnitment to the news show by member cities stands at appro.cimatety $11,000 although South St. Paul's cominitrnent is contingent upon the participation of Inver Grove Heights and V�%est St. Paul. West St. Paul decided not to participate. Staff recommended raising the �3,60Q needed to meet the �15,000 necessazy before Continental would contribute �5,000 and then reapproach South St. Paul with an appeal. J. Miller thanked all who assisted her in making the numerous visits to the city meetings during this lengthy process to seek these approvaLS. The Minnesota Community Television Awazds event will take place at Northwestern College in Roseville on Monday, Apri110 beginning at 6:30 p.m. Programs produced by Paul Pieper; Juc�y Skeie-Voss, and Mike Sokol aze finalists. Any Commissioners wishing to attend may ca11 the NDC4 offce to receive tickets. The event will also be cablecast live over Metro Cable Network Channel6. The annual Alliance for Community Media (.ACIVn conference will take place July 5-8 in Boston. Staff recommended sending the Govemment Coordinator to this conference. 1flohon 4.S.9S.7to approve sending Judy Skeie-Voss to the ACM Conference in July was made by J. OBrien, seconded by L. Collins, and unanimously carried. Page - 5 NDC4 Commission Meeting April 5, 1995 UNAPPROVED 10. Unfinished Business: J. Lsta inquired about the status of researching an Amiga system for use at city halls for character generated information J. Miller responded that the system will be investigated when putting together the Equipment Furchase Plan. Staff will reseazch thc Hearing Impaired Grant and how the money can be used and report its findings at a future Commission meeting. 11. New Business: Chair Tourville handed out a letter faxed by R. Vitelli before the meetin� began. The letter can be discussed when R. Vitelli is present. Chair Tourville reminded the group that there will be a special Commission meeting on Wednesday, April 19th at 4:00 p.m. and that the NDC4 Executive Committee will meet on Wednesday, May 3rd at 530 p.m. 12. Adjournment: Mohon �S-9S-8 to adjourn the meering was made by H. Hovey and seconded by l�f. Sokol. 'The meeting adjourned at 9:10 p.m. Respectfiilly submitted, Jov A. Curtin NDC4 Administrative Assistant and Recording Secretary Page - 6 UNA PPR � V�D Northern Dakota County Cable Communications Commission Executive Committee Meeting May 3, 1995 1. Call to OrderlPledge: The May 3, 1995 NDG4 Executive Gommittee meeting was called to order bv Chair Tourville at 5:30 p.m The Pledge of tUlegiance was recited. Executive Committee Members Present: Lucille Collins, John Huber, Jodelle Ista, and George Tourville. Executive Committee Members Absent: Richard Vitelli. Others Present: Robert (Bob) Ryan (Continental Cablevision); and Joy Curtin, Jodie Miller, and Judy Skeie-Voss (sta$}. 2. Adopt Agenda - Motion 5-3-95E-� to adopt the Agenda as submitted was made by J. Ista, seconded by J. Huber, and unanimously carried. 3. Approve Claims The List of Glaims for 4/6/95 - 5/3/95 was presented for approval. Clarificarion was made regarding claims which appear on the report for city payments that took place between the last Commission meeting and this meetiag. Chair Tourville noted that a determination needs to be made regarding the remaining payments due to the cities of Inver Grove Heights andMendota Heights now that it appears the news show will not occur. Mo�r.on 5-3-95E-2 to approve the List of Claims for 4/6/95 -�/3/95 was made by J. Huber, seconded by J. Ista, and unanimously carried. 4. C�t'izen Comments - Ghair Tourville announced that the telephone lines will be open during Executive Committee meetings so viewers may call in their cable-related questions or comments. Later in the meetin�, a South St. Paul subscriber commented on the unsighily fiber optic terminal box that had been put up on a neighborhood street corner that detracted from the appearance of the neighborhood in general. She inquired whether others aze awaze that these boxes are being put up around the cities. Discussion followed and it was agreed that Continental will investigate whether this and other boxes can be placed in less conspicuous places and report back to the Conunission on this matter. J. Ista commented that although Continental has a permit to put up the boxes, there may have been a better placement for this box. NDC4 Executive Committee Meeting UNAPPROVED May 3, 1995 5. Continental Report - Ghair Tourville introduced Robert (Bob) Ryan, Vice-President Governmental rlffairs at Continental Cablevision. R. Ryan invited fiu�ther questions or comments regarding the "social contract." He announced that the period for filing comments with the FCC regarding the contract has been extended to vlay 22 at the request of numerous municipalities. R Ryan pointed out what he believed to be advantages of the "social contract" to municipalities and commissions: (1) the elimination of the cost of service rate setking methodology -- under the contract the benchmark methodology would be used which limits increases in basic and cable programming service riers to inflation and direct expenses outside of Continental's control including such things as increases in program fees or new franchise obligations; (2) Continental's obligation to rebuild all of its systems nation wide before the end of the year 2000 -- this will be done without altering the basic rate; and (3) the basic rate will be reduced by 15% -- this would allow subscribers with limited income to have a half dozen satellite programs with their basic serv�ice at a relatively low fee. (The 15°io reduction will be recovered however, on other tiers of service.) The contract was designed to assure systems are rebuil� to create a lower basic "lifeline" service, and to create fle.Yibility to pay for the system rebuild. J. Ista inquired whether Continental would rebuild the NDC system without the "social contract." R. Ryan responded that perhaps Continental would rebuild the system, however, at the expense of increased basic rates. President Tourville commented that he believes there is a major benefit to having the NDC system rebuilt without huge costs to subscribers. He fiurther stated that he believes NDC4 and Continental need to tallc about the franchise eYtension that could mean the NDC area would eYperience a system rebuild sooner than the year 2000 which would enable subscribers to take advantage of some system improvements such as fiber links to city halls, line extension into areas not currently� served by cable, and improvements in I-Net. It is likely the "social contract" is going to happen, and as it is written both Continental and the subscribers may benefit from it. L. Collins inquired whether rates will increase anyway, with or without the contract. R. Ryan responded that under the contract, rate increases are limited to inflation adjustments (nuuung at approximately 3% the last few years), or direct increases in programming expenses or new franchise commitments. The alternative without the contract would a11ow Continental to use a"cost of service" filing which could include all their business costs to justify a higher rate charged to subscribers. Chair Tourville commented again on the advantage to NDC of realizing system improvements within the next two years rather than waifiing until the year 2000. R. Ryan pointed out that the I-Net should be included in discussions of a rebuild since the "social contract" does not address the issue. Chair Tourville inquired about the process for working toward a franchise extension. J. Miller responded that first the Commission and member cities need to determine the continuance of the Joint Powers Agreement beyond its current timeline. Public hearings Page - 2 NDC4 Executive Committee Meeting UNAPPROVED May 3, 1995 � and fact-finding activities should then take place to determine what the citizens and community in general needs and wants. Simultaneously, ContinentaPs performance in the NDC area over the past 10 years should be reviewed and negotiations with Continental begun. NDC4 attorney B. Grogan has recommended that one or more committees be established by NDC� to work on this process in a dghity controlled manner. Hs further recommends that given the current technological environmcnt, NDC4 may have nothing to lose by beguuiing franchise extension negotiations early on. It is possible that commitment to improvements in the system can be secured a couple years sooner. It was the consensus of the Executive Committee to place this item on the June full Commission meeting agenda for discussion. R. Ryan asked NDC4 to support the "social contract" before the FCC. J. Niiller inquired whether there aze specific plans for the upgrade of systems nation-wide should the contract be approved. R. Ryan responded that the onty requirement of the FCC is for Continental to document monies spent over the six year period; there are no schedules of who will do what when or where. J. Huber inquired about how the "social contract" will impact the channel line-up. R. Ryan explained that under the arrangement for the new migrated product tier, Continental will be allowed to move up to 4 existing channels into the new tier and add more new channeLs to it at a cost of 24 cents per channel plus the actual cost Continental pays to the vendor. This tier would be offered separately, and after January 1, 1997; it's price would be deregulated. J. Ista inquired whether interactive services being advertised by Continental are currently available in the NDC area. R. Ryan responded that the commercial indicates in generic terms what plans are for the future as systems aze rebuil� and the commercial is not meant to be misleading. � J. Miller reported that Continental's FCC Fotm 1205 has been reviewed by attorney B. Grogan who has found no reason not to approve it. NDC4 has four options at this point: 1) approve the proposed rate adjustments; 2) disapprove the proposed rates adjustrnents and provide findings of fact stating why the request was denied; 3) adopt an"accounting order" which would require Continental to keep account of subscriber payments for equipment in case there are questions raised in the future; �) take no ac�ion and allow the 120 day time period to expire at which time the proposed rates would become effective. Staff recommended the Executive Committee direct legal counsel to prepaze the accounting order for full Commission review at its June meeting. The Executive Committee directed staff to put the item an the June meeting agenda for the Commission to discuss. J. Miller inquired about the status of Continental's request to move the monies out of the security fund and establish a perfoanance bond to serve the same purpose. Discussions had taken place last year regarding this possibility and the Commission is waiting to see a specific proposal from Continental. Page - 3 NDC4 Executive Cammittee Meeting UNAPPROYED May 3, 1995 J. Miiter reported that one af the area school distncts Itas cancrete plans far use of an I- Net. It appears that the need is increasing and discussions will take place with Conrinental to tearn more about what can be done within the exsiting system to enabie the schoois to set up their netwarks. The cuirent franchise provides for an I-Net if there is proven demand for it. R. Ryan concurred the needs all around the country for I-Net is increasing because of the more sophisticated use of data. L. Collins inquired whether CQntinental could provide inforrnation on lacal weather fvr subscribers. R. Ryan respanded he will actvise F, Zeu1i. to check an the possibi]ity. Chair Tourville inqu�red whether Continental could g[ve coupons for services as outlined in the "social contcact" to the NDC az�a sin�e St, Pau! subscribers will be receiving them and there may be eonfusion and �71-thoughts among subscribers who do not understand why NI.7G area is not inciuded in the rebate. R. Ryan replied that although he was nvt sure what if anythu�g could be done about changing the coupon rebate, he wauld take the suggestion under advisemen� He remznded everyane that subscrlbeis in the NDC area pay approYi.mately $4.501ess in regulated services tham do St. Paul subscribers. 6. Staff Report - J. IvI'il.ter reported that NDCTV will hold a Strategic Plannin� session an Saiurday, June lOth from 9:00 a.m. to 3:30 g.m. at the faeiiity. Bill Sullivan from SCORE will facilitate the session. The group will continue to loak at future organizational structure and funding. All Canunissioners are encouraged to attend. To ciate there is a total of $7,1?? committed for production of a local news show by all but two member cities. It is the consensus of the staff to go forward with a scaled back but still professzonal version af the news show pian uti:�izing the cammitted monies. Gavernment Coordinator, Judy Skeie-Voss e:Yplained details of the revised format which would include caverage of all the eantributing cities in twa separate shows. one covering Inver Grove Heights and Sunfish Lake and the second covering Mendota Heights, Lit,ydale, and Mendota. The revised version would run appro:�imate2y 10 minutes and cauld appeaz prior to city council meetings. With available monies and using this rev�ised plan, a news show cauld be produeed twice a mc�nth from June through September, followed by an evaivadon at which time cities can opt to continue, join in the effart, or dismiss tlie project. With cwrrent staff Ieveis, the shaw cannat be praduced in addition to other cu�rent staff duties. It is envisioned that a successful show would enable production to continue tluirough spansorships; but the show must first be produced on a ttiat basis. I3iscussion fallawed A question was raised on whether IVDCTV staff could praduce the show as a part of their regular work activity. It was expiained that, given NDCTV's current budget constraints and their concerted effort to make up for grant monies cut by NDC4 in the 1995 budget, their staff tune needs to be spent on pursuing revenue-generating activities. The news show plan praposes using NDCTV's production services to produce the show at a reduced rate in order to test the pilot project without the risk of hiring a staff person and all the associated costs. Page • 4 NDC4 Executive Committee Meeting UNAPPROVED May 3, 1995 Discussion continued on the possibility of NDC4 and NDCTV staff reviewing their work priorities and adding the news show to the list to see if some activities can and should be dropped in order to spend time on the news show. Lengthy discussion followed in which it was pointed out that a goal of the look for the govemment channel has been to provide _ more variety. again it was pointed out that the NDCTV staff will have tremendous diffculty taking time away from their regular and revenue-generating activities to assist with this project without any monetary compensadon. L. Collins, who also sits on the NDCTV Board of Directors, concurred. J.1�liller pointed out that there would detinitely be trade-offs to asking current staff to undertake additional work J. Huber suggested that if any news show occurs, it should run more than the planned 1Q-minutes as the show needs to be seen by many people who may miss the10-minute window of tune. One of the points of producing the show is to have people tune in to watch the news in the local area. G. Tourville suggested that each city may wish to contract individually with NDGTV Production Services to do their own show. He stated that he believes the news show is no longer what it was intended to be and the ciries need to decide whether they wish to pursue the idea in some other form. Staff was directed to bring the matter back to the full Goxrunission at its June meeting with various alternatives given the monies in hand and using NDCT'V to assist with production. Chair Tourville noted that Continental may be willing to contribute toward the effort on a per subscriber basis for individual city programs in order to promote local cable television. J. Ivliller reviewed the summary of the Executive Director review that has been completed . It was the recommendation of the reviewers to approve a 4°% salary increase. Chair Tourville noted that the formal review has been completed but should have been done in October, 1994. It is recommended to make any salary increase retroactive to January 1, 1995. Formal action will be required at the fuil Commission meeting in June. Staff was directed to put the request into form of a Resolution for inclusion in the June meeting mailing. � J. Skeie-Voss reported that she will demonstrate the �Ipha Channel interactive bulletin boazd system after the meeting. J. Ivliller noted that NDCTV is looking for Commissioner participation on both its Human Resources Committee and its Boazd Development Committee. J. Ista inquired about status of current federal legislation. J. Miller responded that S.F. 652 was supposed to be voted on last week, but was not. Action should be taken soon on this teiecammunications bill. 7. Unfinished Business: No unfinished business was brought up for discussion. Pa�e - 5 NDC4 Executive Committee Meeting UNAPPROVED May 3, 1995 � The following porfion of the meeting took p/ace off camera. 8. New Business: J. Miller reported that she would like to Sll the part-rime position vacated _ when Erik Johnson left NDC4 to accept a full-time position with NDCTV. It would be desirable to offer the part timc gosition to a current independent contractor who has worked with staff on various projects and cities over the past six months. The money for this position is cucrently in the budge� Staff was directed to prepare a job description and bring the proposal to the full Commission meeting in June for approval. Lega1 counsel should be consulted regarding the need to place an advertisement for the position 9. Ad�ournment: Motwn 5-3-95E-3 to adjourn the meeting was made by L. Collins, seconded by J. Huber, and unanimously carried. The meeting adjourned at 7:50 p.m Respectiulty submitted, Joy A. Curtin NDC4 Administrative Assistant and Recording Secretary Page - 6 ., : . CITY OF MENDOTA HEIGHTS TREASURER'S REPORT� MAY, 1995 DAKQTA. tNC. Checking Account 1.05°l0 Savings Account 2.15°1e C. D. Rep. 3.00% Gollateral - Bands Gov'#. Guar. CHERQKEE STATE BANK Saving Cert. 8/22195 c� 3.6Q°to Co(laterai - Bonds Gov't. Guar. Bank Acc. 6.1 fi°/g Due 8/17/�5 FHLMC 7.23% 12J97 FBS 6.40% FN(it1A fi.3°la 12l97-95 FBS 5.95°la FHL Mtg. Pool 8% (PRU) FMLC 7°to Mtg. Pooi {PRU} PAC FMLC 6 1/4% Mtg. Pool (PRU) FNMA 6°t4 Paoi �PRU) FHLMC 6% Poal @ 101.4375 (PRU) FNMA {1994 Pooi} fi 112°l0 {PRU} U.S. Treasury Money Mkt. (FBS) Gov't. Securities Fund Zero Cpn T.Bds 7.9% - 2011 (J&M) TOTAL FUNDS AVAILABLE Funds Available 12/31/94 Funds Available 5/31194 Ra#es Money Market May 31 Bank 3.00% May 31 FBS 5.fi9°l� �ES:kkb BALANCE $54,208.49 $581.74 0.00 $54,7�0.23 $SQO,OQO.QO $100,000.00 $13.952.59 $13,952.59 �. �� �N� �� �, �f !�� �� $484,514.44 $5Q0,008.00 ��Vt1iQllCJ.�li $2�1,48$.48 $5Q5,OOO,OQ $418,350.79 $503,180.34 $272, 395.56 �L7�i�OV.3J $825,629.04 $'i,C}02,4i0,00 $197,530.00 $5,808,623.82 $7,$40,461.20 $5, 3 64,939.�0 CfJLLATERAL ' �,.�� �!� �� �soo,oaa.00 Value 5-31-95 (est.�. .+ TO: FROM: CITY OF MENDOTA HEIGHTS NIIIVIO June 12, 1995 Mayor, City Council and City A James E. Dani so Public Works D' or � SUBJECT: Ivy Falls Creek Improvements Miller Pasement Condemnation Outcome 7ob No. 9216 Improvement No. 91, Project No. 6 DISCUSSION• Mr. and Mrs. Eric Miller own a single family home on approximately 1.5 acres of land adjacent to the Ivy Falls Creek (map attached). The Millers were part of the Ivy Falls Creek restoration project and were assessed $9,103.21 for the project. The Millers challenged the assessment, but the court upheld them in a decision last fall. The Ciry also needed to acquire some drainage easements from the Millers for the project. The Millers refused to accept the City's offer for the appraised value of the easement for the project and the City had to proceed with a condemnation of the easements under rights of eminent domain. The hearing to establish a value for those easements was recently conducted before a boazd of three real estate commissioners. The Millers were asking for $42,000 in easements costs and damages, the City's appraiser valued them at $3,700. The Commissioners award came in at $8,459 (see attached). Although this award is $4,359 over our appraised value, it is significantly less than the $42,000 the Millers were asking and can be considered a victory. Costs to appeal the award would be far greater than any e�ected retum. RECOMMENDATION: Eric Nysixom, the City's attorney in this matter and I recommend that the City accept the Commissioners award. ACTION RFAUIRED: Review the attached Commissioner award and then if Council desires to implement the recommendation, pass a motion approving the following payments to conclude the acquisition. Eric and Marilyn Miller Commissioner Award Appraisal Fees Total Less Previous Payment Total Amount Due to Millers Commissioner's Fees P. 7ames Taurinskas Roger Rohrer James Callahan Total Due Commissioner's $8,059.00 500.00 $8,559.00 2,362.80 $5,696.20 $1,380.80 1,086.68 1,073.80 $3,541.28 _ s . o � f `{ i��� � `:, �tJ U ,��� � �R��E MAP�E PARK � - �� ppRK �a��� r O SWM 5 f � 67 1165 642 • 714 7a6 > �76 •' SWMH I � . _ . S1ArMN 3 _ f'`' ,�~ SWMH 4 ,� N � 7 J . • 1! '�� g80 . 12�5 d._._a !VY ! I99 �tgg �' IVY FA�LS AVE . FAL LS ' . 66� `~` ::,: � f 6�5 { 200 ::'���e'�`�;:,�� ^� ::: . .:'• ,��,,,,.,.i CDUR ..#��::::�:;::;.'i::_i;;:;;`::''r:� . :�✓ �:i<?:•;;y;;;,;.'''.`:;. <:;::;;;.,;; `,1,5 � ;�:�:.�::•:.::•:•::...,:��..:::.....�: � '�P •:::t�:.�::��;;;;•:{.;:;.::..::::::�>:�::�:�::: . , ``� ::::::'>•;:?;i.:::�=:>;_:�:;r.,i:;:;:;; :.:::::::::::i;;:::;:.�i;i�i;::�..• 1 � �, .'::•'.i'�'i:;ic:iiii:?;:'�:::?:;;i�":`�`: �' �:�: i�i�: -:�i::i3:: i�i�:�;�- I . .>:.:;:�:�.::.::.:;:.:�;::,��t::::.;:.:...::.;::�:;.:<,..:. M 1L �Xt S . ?!5 � 682 678 705 127r '�"<t� o �- �h�F c � '� pk� 4, o�Rr . %'�� l289 �v��o � -- t2s� SWMH 2 ;�� �zeo ;: �� �299 �; � 1286 � � l313 � . , O J � � • .; 699 . .. ,, � . 'j - � ,. 1324 LAURA COURTd � �66� BRQOKSIQE LANE . Q SUNSET �A SOMER� SCHOOL � i----- EXiSTi �" DRO .�'� �� I SHERMAN WINRiItOP ROBBIU'R WEINSTINE RICHARD A. HOEL ROGER D. GORDON S7EVEN C.'fOUREK STEPHEN].SNYDER DMItV1N C.INGBER fIARf KULLER DAVID P. PEARSON reonv�s M. xnxi� rv DARRON C. KNUISON JOHN A. KNAPP ERIC O. MADSON MICE�LE D. VAII.[.ANCOURf E L DAVID E. MORAN,.IR. DONALD ]. BROWN JONJ.HOGANSON SANDRA). MAEUW GARY W. SCHOKMRLER 1'ODD B. URNESS 1iMO7HY M. BARHETI SCOTTJ. DONGOSKE PE1'ER J. GLEEKEL EDWARD J. DRENC[EL JEFFROY R ANSEL LAURI6 A. KNOCKE LWYD W. GROOMS _ JUL[E K WILIIAMSON BEfSYJ.IAUSffiN MARK i JOFR�ISON BROOKSF.POLEY 1HOMA5 H. BOYD Dind Dial (612) 290-8431 WINTHROP &� WEINSTINE A PROPESSIONAL ASSOCIATION , Mr. James Danielson City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Attorneys and Couruelors at Law 3200 Minnesota World'hade Center 30 East Seventh Street Sain[ Paul, Minnesota 55101 Tplephone (612) 290-8400 Fax (612) 292-9347 3000 Dain Bosworth Plaza 60 South Sixth Street Minneapolis, Minnesota 55402 T�lephone (612) 347-0700 Fax (612) 347-0600 June 9, 1995 RE: City of Mendota Heights v. Eric R.Miller and Marilynn Miller Dear Jim: NLiE WIDLEY SCHNELL JEFFRHY L SNLOSBHRG DANIEL C. BECK ERIC J. NYSIROM JOANNE L MAIZEN GINA M. G� FOLI.EN PATRIQS W. WEBSR CEiARLPS A. DURAM 7iMOTEiY J. BECIENGA c�uc a sxnxnr MICHAEL A. DUFFY JAMES W. DIERKING GiHERQiE A. BOMINGUEZ �nese M. n�uxso MEIISSA A. ARNDT Reply 7b St. Paul SUZANNE M. SPELIACY TEtEVOR V. GUNDERSON BLAIR A. ROSENi'HAL MICHAEL P. NOR1H IURBN L YASHAR MATIi[EW T. ROOS NANCY L MOERSCH BEiH GERS7EW TIMM AUDREY L SANISIA JOSEPH S. FRIEDHERG ��u,��i DANIEL W. HARDY offau'crl In order that the City can make a timely decision as to whether appeal the Report and Award of Commissioners, please be advised that we have until Monda.y, July 17, 1995 to file a notice of appeal with the Court Administrator. More particularly, we have 40 days from the date the Report and Award of Commissioners was filed. (June 6, 1995). Please let me know if you have any questions regarding this matter. Very truly yours, EJN:cas:sTr:isi�o-i Enclosure SHEIiMAN WlNIiiROP ROHERiR. WEIIiSTTNE .tr.axv a. xoEc iGER D. GORDqN SfEYEN C. TOUREK SfEPHENJ.SNYDEA MARYIN C.INQBER HART KiTLLER DAVI6 P. PEAR50N Taon+ns na. � rv DARRON C KNt7T54H JOAN A. KNAPP ER[C O. MADSON MICHL'LE D. YA.USAHC6URC DAVID E. MORAN, JR. DONASDJ BRf3WN JONJ.HOGANSON 5ANDRA d MARtiN fiAttY W. SCHOKMtLLHCt TODD B. UE2NES5 TIMOFHY M. BARNETT SCOTfJ.DQNGOSKE PkiERJ. GLEEKF7. Ei?WARD J. DREN!'IEL JEFFREYR.ANSEL LAURIE A KNOCKE LGOYD W. Glt{?QMS JULiEK. WILL,IAMSON $ETSYZ IAOSHIN tvfARKZJOHNSOH HROOKS F. POCEl' TH4MA5 H. BUYI} bzrect Dial (612) 290-843I �YIN'T�IROP Fr WEINSTINE A PROFESSIONAL ASSOCIATION Mr. James Danieison Ciry af Mendota Heights 1101 Victaria Curve Mendota Heights, MN 55 ].18 Attorneys and Gounsetors at Law 3204 Minnesota Worid �ade Genter 30 Bast Seventh Street $d1IlL 1�'dt11, iViIT2Y22SOid S $ i01 'I�lephone (612) 290-8400 Fax(612)292-9347 3000 Dain Bosworth Plaza b0 Sauth Szxth Street Minneapolis, Minnesota 55402 'Tplephone (6i2) 347-07QU Farc (6I2) 347-060U 7une 7, 1995 RE: City of Mendota Heights v. Eric R.Miller and Marilynn Mitler Dear Jim: � JUllE N7DGEYSCHNELL JL'FFREY L SHL(}SBERG DANiEL C. BECR EYtIC J. NYSTROM KRtSTSN PEIERS4H LcBRF aonr�rrE t„ Mar�rr GINAM.GRU7HEFOGGEN PATRIIX W. WESIIi CHARIES A. DURANI TIMOIHXJ.9ETfENGA CRAIG h BRANDT MICHAEL A. DUFFY JAMES W. pffiRKIi�tG CASFIERIIi$ A. DOMJNGt7BZ "IflERESE M. MAR50 MELlSSA A. ARNDT Rcply Tb St. Paul S VGWNB M. SPELLACY TftEYOR V. GUHD$RSON HIAiR A. ROSENTHAL MICHAEL P. NOHIH KAREN L YASAAR n�arrxewx xoos NANCY I» MOERSCH BEt7[GERSiEiNTlMM AUDREY L SAAIISLS7 lOSF3H S. FRIEDBERG ofcottmd DANR?L W. fiARDY ofCaurud I enclose far youz inf'armatian and review a copy of the Report and Award of Commissioners in this case. As I told you this afternoon, the commissioners have awazded the Mi.11ers a total af $8,059 as a resuit af this taking pius an additionai $SOU as reasonable appraisal fees. Finally, the cammissioners ha.ve submitted their billing far their services. 'S�Vhile I certainly would have preferred. that the award was cioser to Blake I3av�s' appraisal, I believe we r,ame out well given the Millers' non-negotiable demand of $42,000. Including the appraisai fees, the difference between Blake's catculation of damages and ihe commissioners' awazd is $4,859. While we are entitled to a completely new trial in District Court, the City must determine whether it wishes to incur the casts and e�ense of s�ch a trial. In a trial before the District Court, I would prefer to have a bench trial, that is, a judge deciding the case. Hawever, I strongly st�sgect John Bannigan will ins�st on a jury trial. I have yet to see a jury trial completed in less than two days. Consequently, it is unlikely that we could try the case in District Court for much Iess, if any, than the $4,859 difference between the commissioners' award and Blake's appraisal. Nanetheless, the Ciry will have to make a decision at its next meeting. I au�, as always, available to provide any input the Council may requesi. Mr. James Danielson June 7, 1995 Page 2 Finally, I am checki.ng to confirm the date our appeal must be perfected if the Council wishes to take the matter to District Court. When I conf'um the timing, I will immediately let you know. Very truly yours, EJN:cas:sTr:isi�o-i Enclosure P. Jame� Taurinska� ATTCIRNEYAT LAW MINNESOTA & WISCONSIN June 6, 1995 Mr. Eric J. Nystrom Winthrop & Weinstine Attorneys at Law 3200 Minnesota World Trade Center 30 East Seventh Street ' Saint Paul , Mirtnesota 553.01 Re: City af Mendata Heights vs. Eric R. Miller and Marilynn 1Viiller Court File Na. lq-CX--94-6Q83 Dear Mr. Nystrom: 320 FIRST AMERICAN BANK METRO 633 SOUTH CONCORD STREET F.O. BOX 605 ' SOUTH ST. PAUL, MINNESOTA 55075 872l451-9743 F,4X s�21451-2220 �E��1v�D JUN 0 7 1995 ERIC J. NYSTROM �. ; �::���r-. � � � Enclosed herewith please find copy of Commi.ssioners' Award in reference to the ab ove matter which has been filed with the Clerk of District Court on June 6, 1995. Also enclosed here- with please find billing far compensation affCommissianers, ruly yr5urs, . T�mes Taurinskas P JT/kaa - Enclosures 2 c.c» Mr. John F. Bannigan, Jr. � � N k STATE OF MINNESOTA COUNTY OF DAKOTA D I �TR ICT COUR2" � FIR5T JUDICIAL DISTRICT CASE TYPE : CONDE�IAT ION CQURT FILE NC}. 19-CX-9�.-60$3 �r City af Mendota Heights, _ � rf' :. Petitioner, � #�'�..,�. 1. � � (�--�'' }` , �U � VS. L Eric R. Miller and Marilynn Miller, Respondents. _ _ _ _ _ _ _� _ _ _ _ _ _ _ _ _ _ REPORT AND AinTARD OF CON�/tISSIONERS The undersigned commissioners, appointed by the Caurt, having qualified according to law, met as directed by the Court's Order of June 21, 1994, appointing them as commissioners, givin� notice in wrifiing of the time and place af their meetings, heard all persons interested in the matters cammitted tg them., heard testimony publicly under oath from those persons wishing to be heard in connection with taking, and in their presence viewed the �and described in Petitianer's Petition dated January 7, 1994, and completed such hearings as were requested by parties appearing with respect to land, now make the following award of damages that in their judgment will result to the owners of the land described in , the Petition and ta any party having an i.nterest in the Iand by reason af the taking of the easeznents by Petitianer which are described in the Petiiion. ��c�o �su� 6 ���� a 4 1 The total award of damages to all persons or parties in- terested in the land is in the sum of $$,OSg.00. The award is made as follows to Eric R. Miller and Marilynn Miller: 0 Permanent Easement Temp orary Easement Severance Damages $1,215.Q0 1,044.00 S,Saa.ao $8,059.00 T�TAL DAMAGES Respondents shall be awarded $500,00 as reasonable apprai sal f ees . �vre further rep��rt that each of the commissianers �iewed the praperfiy described in the Petition and that all of the cammissionerns participated in hearing all testimony of the in- terested parties that was offered far cansideration by the commissioners and participated in ascertaining, determining, assess- ing, and awarding damages for the taking of said premises. , DATED: June � , 1995. � s '1'aurinskas, Commissioner Roger . Rohrer, omrriissioner STATE LF �tINNESOTA COU�ITY �F DAKOT� Ci ty uf \Qendota Heiaht s, Petitienzr, vs. Eric R. 1�tiller and �farilynn Miller, Respondents. D I STR ICT COURT : i��T .jUDICIr1L DISTRICT` C:��� TYPE : CONDE�WAT ION C�URT r:L� v0. 19-C:C-9�-o083 r'� r f .__ , � . �, ���- � � The undersigned, beinq the Corr�rnissi�ners in the above proceedino, report that in the performance �� their dutizs as Commissioners they werz occupied as follo���: P. James Taurinskas - 9 days x 1�� Mileage 110 x .28 Roger Rohrer - 7 days x 1�0 Mileage 131 x .28 James Callahan - 7 days x 150 Mileage 85 x .28 DATED: June 5, 1995 �1,350.00 30.80 $1,380.80 �1,050.00 36.68 �1,036.68 �1,050.00 a3.so $1,073.80 55fF : 4 /3-�U-!�U31 / Roo Ro rer SS -168��Q' % � j mes Cailahan SS#: 474-46-3858 CITY OF MENDOTA HEIGHTS MEMO June 4, 1995 .M TO: Mayor, City Council and City Administ FROM: Paul R. Berg, Code Enforcement Officer �� (j SUBJECT: New Tenant Space Finish and New Exterior Store Front/Entry Door for Intergraph located at 1355 Mendota Heights Road, Suite 139 DISCUSSION United Properties Construction Management is proposing to remodel a tenant space for Intergraph located at 1355 Mendota Heights Road, Suite 139. The tenant space contains approximately 5,947 square feet. As part of the proposed remodeling, a new store front/entry door is proposed. Because this part of the proposal involves an exterior change to the building, the City's Zoning Ordinance requires City Council review and approval. The Architect has submitted two elevation drawings of the west side of the building. The drawings are entitled "Existing West Elevation" and "West Elevation". The "West Elevation" drawing indicates the installation of the new door. (Please see attached drawings). RECOMMENDATION I recommend that City Council approve the exterior changes as proposed in the drawings submitted. ACTION REQUIRED If City Council wishes to implement the above recommendation, a motion should be passed directing the Code Enforcement Department to issue a building permit which would allow the construction of a new exterior store front/entry door. PRB:kkb � fll I'1�1 TN"1a1H �7�,17f'N.I� I?J7/1JHf I.InyJ cc�•nra �ccr_�.T_�inr �� s � r� !' �i►i/illti���r.,....._ t �r . `4 � CITY OF MENDOTA HEIGHTS MEMO June 15, 1995 TO: Mayor and City Council FRONI: Tom l.awelt, City Administ SUBJECT: West St. Paul Dispatch Billing DISGUSSit�N !n March, the City Councit discussed the most recent bitl we received from the City of West St. Paul for dispafich service provided to our Cifiy. This bill was considerably higher than in years past. and the City Council deferred payment of the bilt to altow Mayor Mertensotto and ! a chance to discuss the details of the bill with West St. Paul Mayor Mike Bisanz and Ciiy Manager Bill Craig. � . Recentty the four of us met and discussed at length various aspects of the dispafich service provided to our City. We specifically discussed the bi!ling trend we have experienced ov�r the past seven years, a summary of which is attached. For budget purposes, we aii agreed on the need to minimize drastic fiuctuations in our annual bill. We also agreed that the addition of the City, of South St. Paul to the dispatching system irt late 1994 wiii further compiicate budget forecasting for the dispatch center for at least a while. In response, it is suggested that we enter into a fixed cost arrangement with the City of West St. Paul for 1994 {�fi4,00C1} and 1995 {$64,000} in order to Eend some stability to our costs, and to allow time for the fiscal impact of the South St, Pau1 addition to become better known. Other details regarding the recommended resolution of this issue are contained in fihe attached letter addressed to Mr. Craig. RECOMMENDATION Mayor Mertensotta and I recommend that we enter into a fixed cost arrangement for dispatching services provided by the City of West St. Paul for 1994 and �'1995, as outlined in my letter to Mr, Craig dated June 6, 1995. A�CTIQN REQUlRED Should Counci! concur with fihe recommendation, a moiion shoutd be made to enter into a fixed cost arrangement for dispatching services provided by th� City of West. St. Paul for 1994 and 1995, as outlined in the letter to Mr, Bi[I Craig dated June 6, 1995. � � :a CITY OF MENDOTA HEIGHTS ,_ � i� • March 1, 1995 T0: Mayor, City Council and City Administr FROM: Lawrence E. Shaughnessy, Jr., Treasurer �'' . - SUBJECT: West St. Paul Dispatch Billing DISCIISSION After several montha of negotiation, we have received �from West St. Paul our billing for 1994 Police and Fire Diapatching. The final billing is about $12,000 more than budgeted. The principal reason behind the increase is additiona.l cost figures which have been included as West St. Paul got into more cost research. The following is a eummary of our billings for the past few years and the projection of 1995. 1989 $51,075 1990 51,284 1991 53,376 1992 47,515 1993 57,961 1994 69,850 1995 60, 762, (est) If the actual West St. Paul expenses were applied to our 1994 billing, with the formula in use, our 1994 billing could have gone as high as $76,168. For 1995, we have budgeted $59,690 which is more in line with the expectation. The billing is on tonight's List of Claims. Approval of the Claims List will amount to approval of the billing. ACTION REQUIRED None. This is for Council information only. LES:kkb �i�y o� ..,►.l j • 1��iendo�a Hei�hts - June 6, 1995 Mr. Bill Craig City of West St. Paul 1616 Humboidt Avenue West St. Paul, MN 55918 �-. : Thank you for meeting wi#h Mayor Mertensotto, Cfiief Deimont and I in iate May to discuss issues related to radio dispatching. Please extend our thanks to Mayor Bisanz as weli. At the conctusion o# our producfive discussion t agreed to summarize our progress in wrifing. Relative to our costs and service for dispatching service, we agreed as fotiows: � 9) The City of Mendota Neights' cast for dispatch service in 1994 will be a fixed cost af $64,000. Such amount shall be paid to the City of West St. Paut by June 30, 1995. 2) The City of Mendota Heights' cast for dispatch service in 1995 will be a fixed cost of �fi4,000, payable in accordance with past billing practices. 3) The City of West St. Paul will host, at minimum, quarterly meetings to discuss with users of the dispatch center matters retated to operatians, protocol, scheduling, training, etc. Responsibility for calling such meeti�gs wi[t rest with the Potice Chief of 1Nest St. Paul. 4y The Cities of Mendata Heights and West St. Paui retain the option to wifihdraw or terminate our joint service arrangement after six months written notice to the other party. 5i The Cities of Mendota Heights and West St. Paui agree to meet in 1996 to discuss the develapment of a new written joint service contract. Information to be discussed at that time shall inciude complste 1995 cost data for the dispatch center in order to altow both parties a chance to review the fiscat implications of having added the City of South St. Pau! to the joint service arrangement in iate 1994. 11Q1 Victoria Curve ��i.endota Heights, �UiN • 55118� 452•1850 Mr. Bill Craig June 6, 1995 Page 2 m Of course, formal acceptance of the above is conditioned upon City Council approval. It is my intent to have this matter considered by the Mendota Heights City Council at our next meeting scheduled for June 20, 1995. � Thanks again for your assistance and participation in helping resolve this issue. Should you have questions or comments regarding any of the above, please let me know. Sincerely, CITY OF MENDOTA HEIGHTS .P.�, Tom Lawell City Administrator �- � W ' 'y. CITY OF MENDOTA HEIGHTS � June 15, 1995 TO: � Mayor, Ci�ty Counci[ and City Adminis FROM. Paul R. Berg, Cade Enforcement Officer ,�� SUB.lECT: Request for Tree Removal Permit INTRODUGTION Mr. Donald Stein, of 1433 Mayfield Heights Lane, and Mr. and Mrs. Richard Askler, of 1037 Mayfield Heights Lane, have submitted applications requesting to remove elm and cottonwood trees on their respective properties. DISCUSSION On May 2fi, 1995, at approximately 3:04 P.M,, 1 made a site visit to the 5tein and Askler properties ta determine if the trees proposed far removal meet the criteria of the Tree Remaval Moratorium Resolution. {Please see attached Resolution No. 95-15). During my site visit, I found that all of the trees the �tein's and Askler's were proposing to remove met th� requirements of the Tree Removal Moratorium Resolution with the exception of two very large cottonwood trees. The Stein's and Askter's each have one cattonwood tree on their properties which they would like to remove. During my site visit. I spoke with Mr. Stein and Mr. Askler and advised them that i coutd nat approve the removal of the two large cottonwood trees because they did not meet the criteria of the Moratarium Exceptions. At that point, they both infarmed me that they would not remove any af the trees if they could not remove the large cottonwoods. Subsequent to my site visit, Mr. Steve Shimek has made a site visit to the two properties to evaluate the two large cottonwoods. (Please see attached report dated June 12, 1995}. The report indicates that neither o€ the trees are diseased. However, Mr. Shimek states that the Askler cottonwood removal would benefit planting of additional evergreen trees. He further indicates that the Stein's cottonwoad could cause property damage and should be removed for this reasan. � . RECOMMENDATION Q Mr. Shimek is recommending that both of the cottonwood trees be removed as per the above stated reasons. ACTION REQUIRED If the City Council agrees with Mr. Shimek's recommendation, a motion should be passed authorizing the Code Enforcement Department to issue a Tree Removal Permit to Mr. Donald Stein, of 1033 Mayfield Heights Lane, and to Mr: and Mrs. Richard Askler, of 1037 Mayfield Heights Lane. PRB: kkb � :i � r / � � • P�'" �"' '/' �( � ,/ - - �,,1 � ,,,/ s � � /.,/'� . , �� �� •t'. kc� � � l.l LYDALE = � � � � � 0 0 U.G L� A S 2�- •- A�, R � �� PLaNT PROTECTION Fax�I-612-29b-7386 14 Jun '95 ?�34 P.02�02 . . . �rA�nz�� ��ts�nss �oKTr�ur.�cu� carrsut,Tn�+r� 2188 AZTEC �,ANE ,MENDOTA HEIGFITS; MN 35120 � • , (612) 4S2-3IS9 .» � Tree/Shtub Species: �'o��vwaQtl ht �'' r�� 1�(2�U� 1N t1G�l'r?f'' GJl �'�A� � Gir`E' T���lIE'i!� ri►'Yll ���.�1 [�!��IC�(sl�� �%i�iLti����'�;iss,jt77\Q�����tis�lr�1:]�,�L � . � , r �, � ,,i , • " � � ,i . 'r� . � pipse noce: �tny rtcoauntn n d�a't [mroives th� ase ofa� penicide is subJca m label d`urctions and imply ao endorsancnr ofm�suse er p�ncc of orsa prodnct ovcr anochcr; It is a vkiarioa otfcdcrat t�v to use pesticidcs inconsistcnt wich icbet direaions, - F'LHNT PRQTECTION Fax�l-612-296-7386 14 Jun '95 7�34 P.01/02 r ' � , ROSt �t'" bCc2!"!C� �c X if3[tStYtItL3( RtBti"t0 7fi?i +� ot pxgts ►'��... i ; . ' . � • i �o T � l�w./ Flor �(,�•u "C7� ..77.i'�l'! . ' ' � r% f ��% . . .., �P�- Phanrt� �` 5r ru+� � ; �•x� �- . g��f0 �� •- � �� , � M �o-.3A ,�l�}Y��i �J � 1�7� L� � , . . �►�3'�a.�t�► � � ,--,.... . � �� . �l�' � . , rr� � -� � �� � � i' . ,�� � ° � � �� - . �,,s � �°� . \ �--� � . 1 ♦ �� � �7. . � � _—%� ':t � L � � C ity o� � ...1 , - 1Viendota Heights Applicant: Address: Owner: .Address: Contrac�o� TREE REMOVAL PERMIT APPLICATION e� . �non�: C� i� ) N59 - �� �o Date: � - v'� 6 ` �' s 7�ee Removal I.ocation: J����� �ra.6� wFcy. w�F.hcQsS �• j��� 1�l�a �rovi�ao aoa AP�!1�ud •,v�� rUvL �,�o,�rl" �.�' �e� �:�. a-�►�. -�� s '��' � � l �� zs,�,,o �� -�'� GaR S,,e -�f-�-e- 5"�z-� -�r.� � : � , Number of �ees to be Removed: ?,�voo�%t f�li� . No. � -, �l �di�ev�t�oo � � Apprn�mate Removal Date: .�.� � � - � 5 Signature: . �vl-«�- � L---= APProved: (Applicant) (By/Date) � ' Attachment: Iiispe�ted; (By/Date) 1101 Victoria Curve • 1Viendota Heights, 1VIN • 55118 452-1850 t � �;l�y o� .,., , � .��ie�data� Hei�l�,ts Applicant: Address: Owner: Address: Contractor: Phone: Date; T�zEE ��EMOVAL PElt11�T' APPLICATION y, r �i+ liee Reinaval Locatian: �i�j��" ;�'2{� t�'t..t� it���'o �� � l�" 13i� C�ou� . rw4 .A� �r-v:,,-�z .���: ao� t.�� i� �-' Cc, �' q�.�--�c�-,�-.5 �1� �,�o��ft T�r-z-e --C�cau l..� �� U f�� f,���� �r �`_—�. Number of �e�es to be Removed: � � 3� ca,P�t �e Nos, ,S'��ze w� ������� � �� � Appro�mate Removal Date: (� �%"' �S� �' l / �� � � • • ,i► �./.J/_''�.,i� , < < � �.: � Apprnved: (BYlDate) t � At#ac,hment: Inspected: 4.� (By/Date) 1101 Vietoria Curve • 1Viendota Heights, 1ViN � 55218 452 • 1850 � CITY OF MEI�TDOTA H$IGHTS DAROTA COIINTY, MINNESOTA e RESOLIITION NO. 95- 15 A RESOLtJTION ADOPTING A TRLL REMOVAL MOR.ATORIIIbI �PSEREAS, in the interest of public health, safety and welfare, the City of Mendota Heights hereby declares a moratorium for the period hereinafter described on the removal of any tree from any property in the City of Mendota Heights without first obtaining a permit for such removal from the City Council, and WHEREAS, the only exceptions from this moratorium are as follows: � a. Dead trees. b. Diseased trees which a qualified forester has � determined require removal. c. Trees which the City Code Pnforcement Officer determines pose a danger to persons or property. d. Trees�located in a Foundation Planting which for purposes of this Resolution are trees whose trunk is within six feet (6') of a dwelling house. e. Trees which are located in and interfere with a public utility easement or drainage easement. f. Trees on occupied residential lots of less than one acre which are less than eighteen inches (18") in diameter. NOW TSEREFORf�, IT IS HF3REBY RESOLVED by the City Council of the City of Mendota Heights that this moratorium is imposed pending the development and adoption of a tree protection ordinance for the City which is currently in the process of being formulated. This moratorium is effective on the date this Resolution is adopted and shall continue in force and effect until September 1, 1995 or until a tree preservation ordinance is adopted whichever first occurs. BE IT FIIRTHER RESOLVED that the City of Mendota Heights shall be liberal in its grants of permits hereunder to accommodate the development of property within the City and may authorize Code � Enforcement Officers to grant permits under this Resolution in connection with the issuance of building permits for single family homes which are not part of�a development. BE IT FURTHER RESOLVED there will be no application fees or permit fees. Adopted by the City Council of the City of Mendota Heights this 7th day of March, 1995. ' ATTEST � � �> 9 s thleen . Swanson City Clerk ;,t;5:?�; CITY COUNCIL CITY OF MENDOTA HEIGHTS By �;���-„�.�. �. ��2�.-�"-..z�- Charles E. Mertensotto � Ma.yor � � CITY OF MENDOTA HEIGHTS June 15, 1995 TO: _ Mayor and City Council FROM: Tom Lawell, City Administ SUBJECT: AMM 1995 Legislative Summary DISCUSSION With the recent adjournment of the 1995 Minnesota Legislative Session, groups such as the League of Minnesota Cities and the Association of Metropolitan Municipalities (AMM) are in the process of analyzing newly enacted laws to identify their impact on individual cities. This week we received from the AMM a copy of their 1995 Legislative Summary, a copy of which is attached. The attached material is divided into two separate documents-- a"Policy Narrative" and a"Policy Success Report". The Policy Narrative is probably the easier of the two to digest, and includes information on the Metropolitan Livable Communities Act, the Omnibus Tax Bill, and Tax Increment Financing, as well as other important topics. Two new laws which will impact our handling of planning applications are summarized on pages 11 and 12 of the document. The Metropolitan Land Planning Act revisions will necessitate a review of our current Comprehensive Plan by December 31, 1998, and a new limitation on the amount of time we may take in considering rezoning applications may also affect our current planning related procedures. Staff is currently reviewing these and other laws �o assess their effect on our operations. This item is being distributed to you at this time to allow you a chance to become familiar with the newly passed legislation as well. ACTION REQUIRED None. This information is provided for Council's general information as this time. � ,. �1 .i as ociation of me�ro olifian munic� al i #ie� p DATE: June 14,1995 TQ: FROM: :� r . � Mayors, ManagerslAdministrators, Leg'lsla.tive Contacts Vern Peterson, Roger Petersan, �heryl Budewitz 1995 Legislative Summary Enclosed is a Policy Narrative and Pvlicy Success Repon which provide a summary wrap- up of the 1995 Legisiative Session and the issues affecting A:IVR�I cides. Approximately twa-ttiinds of all AiVIlVi galicy was either fully ar pardally accarnplished during the session. Of the 64 tatal AMM action policies: • 33 were passed ar upheld fully (S2%); * 8 were partially accomplished {13%}, • 17 were not discussed or the issue did not pass the first committee (27%); • b failed f99'a). 34901elcington avenue north, st. gaul, minnesota 55126 (612) 494-3301 �� � , association of metropolitan municipalities 1995 Legislative Session CONTENTS -I. METROPOLTTAN LIYABLE COM[MUNITIES ACT ...............................:........1 ?'ax Base Revitalization Fund {I} Livable Communities Demonstration Account (1) Local Housing Incentives Accvurzt (3} Met Council Reports (4) Miscellaneous Frovisions {4} II. 4IVJNIBUS TAX BILL ���resw���s�s����sw�eee������i��i��uswe���s���������f�s�����:��sH����sss�����s�sr���� 4 Loeai GovernmentAid & Hamestead CreditAid (4j Aid Distribution & Service Delivery Study (4) Baard of Gaverntnent Inrscivation (S} Class Rate Change (S j Transit Zone CII T� Rate - Metro Area (5} Property Tax Refund as Deductian on Tax Statement (6) iII. T.A►X INCREMENT FIlVANCING (TIF�* .„ ....................................................... 6 LGAIHACA Penalry Option (6) Soils Condition Distt-ict (7) Hazardous Substance Subdistrict (7) Pooling (8} But For Test (8) Annual Disciosure - Reporting & Enfarcement�(8} Clean-up Cost Recovery - Extension af District (9} Economic DevelopmentDistricts (9) _ Parcels ncat Included in Districts (9) Special Laws (10) TV. TRANSPORTATION .........................................................................................10 Highways (10) Transii (.ZO} Noise Regutations (IO) V. METR4POLITAN LAND FLANNING ACT .................................................... Il VI. ZONING ISSUES - PROCESS TIME » ..............................................................12 VII. 800 MHz RADIO SYSTEM �������������R����������������������������N�������N�N����N������N�������� 13 VIII. ECONOMIC DEVELOPMENT & HOUSING FINANCE* .......:.................14� Development of Trade/Economic Development (DTED): Budget (14) Department of Economic Security: Budget (IS) Minnesota Housing Finance Agency (MHFA): Budget (IS) IX. ISSUES NOT PASSED IN 1995 ���������������������N�����N�������������N��1��N�����N�����N������ 16 Housing as a Regional System (16) Codification of Regional Blueprint (16) Land Stewardship Land Use Planning Bill (16) Direct Election of Met Council Members (16) Property Tax Rate Freeze (I6) Municipal Bond Interest Taxation (17) Beg for Your LGA/HACA (17) School Property Tax Constitutional Amendment (17) Municipal TortLiability Increase (17) Gus Tax & Transit Funding (17) * Special thanks to Publicorp, Inc., for iis summary conlributions. (1) METROPOLITAN LIVABLE COMMUNITIES ACT (S.F.1019, Laws 1995, Chapter 255) This act establishes the Metropolitan Livable Communities Fund under the jurisdiction of the Metropolitan Council. Under the act, three separate accounts or programs are established with each account having specific purposes and specific revenue sources. (Please see graphic on page 2) City participation is voluntary. However, if a city does not parti.cipate in the Local Housing Incentives Account, it is not eligible for funds from the three accounts or the pollution clean-up fund, which is administered by the Department of Trade and Economic Development (DTED). . , The Met Council will establish criteria and guidelines for the Livable Communities Fund and the grants and loans process, as well as an annual plan for disiribution of the funds and an annual usage report. . �� Tax Base Revitalization Fund Grants for polluted land clean-up will be issued in the metro area, The Met Council will set priorities for the use of the funds if there are a great number of requests. Grants will be awarded for qualified sites that provide the highest return in public benefits. No more than half of the funds can go to a single city and no more than 75 percent to projects in first-class cities. Cities may use the grants for the local match requirements for projects funded under the DTED contamination clean-up grant program. 'The local match payment is reduced to 12 percent (was 18 percent) of the clean-up costs. Livable Communities Demonstration Account The Met Council may levy a property tax equal to 50 percent of the Mebropolitan Mosquito Control District (MMCD) levy for taxes payable in 1995, indexed for market growth. The account will receive an annual HACA payment equal to 50 percent of the current MMCD HACA payment - Grants and loans will be provided to participating cities for projects that meet specific guidelines. The projects should: • Interrelate development or redevelopment and transit; • Internelate affordable housing and employrnent opportunities; • Intemelate development or redevelopment that mixes incomes of residents; • Intensify land use that leads to more compact development; • Encourage public infrastructure investments which connect urban neighborhoods and suburban communities, as well as provide project area residents with opportutv.ties for private sector employment 1995 Policy Narrative 1 e �I��opolitan Livable �'ommunities .�u�td Tax .8ase Livable Communities Local Housing RevitatizationAceaunt Demonstrati�onAecr�unt � IncentiveAccount� Revenue Source Revenue Source I I Revenue Source � Right of Way � HACA payment equal � Local tczx levy bas�d Acquisition Fund to 54% of MMCD on portion of hame �payment . stead base � Mega Mall fiscal disparities surcharge � Approx. $5-7 million per year � Purpose: � Polluted land clean- up for �`-1 redevlopment EZigible a,� ti�..eants: Counties Cities particzpating in incentive account i Mosquito Control District levy (SQ%� f Approx. $4.5 million per year for grantsl loans Pur,�aose; • Develop inceritives to implement Council`s polieies and act �Zi�ibte appticants: • Participating cities * Couricil botad proeeeds and levy � $1.5 million per year in matching grants • j� , « F,,�,pand affordable housing in cities � C`ities negotiate with Council for housing gcrals � 2 199S Poticy Narrative Local Housing Incentives Account A city has until November 15 of each year to decide to participate or no� If a ciry does elect to participate, it is eligi.ble to mceive grants and loans for pollution clean-up and demonstration projects, as well as matching funds from the local housing incentives account The Met Council ma.y give consideration to a city's participation in the local housing incentives progr�un when mal�ng discretionary funding decisions. The following is an outline of the process once a city opts to participate: (1) January 15,1996. Ciry negotiates affo�able and life cycle housing goals (2) July 1,1996. City develops an action plan. (3) July 1 of each year. County calculates municipaliry market value base amount and funds available for the local housing incentives accoun� (4) Met Council notifies city of its afforda.ble and life-cycle housing opportunities amount The amount is the lesser of the following: . � � Four percent of the residential homestead value x local tax rate; • Residential homestead value in excess of the market value base amount (2 times average) x local tax rate. (5) City uses local funds and available Met Council funds to meet its goals. (6) If a city has not met its goal and not sgent 85 percent of its affordable and life cycle housing opportunities amount in the previous year by 1998, it may: • Distribute the funds to the Met Council to put in the local initiatives accoun� • Distribute the funds to the city or county HRA to create housing opportunities; • City may join together with adjacent cities to provide housing opporhuiities. Cities must match the Met Council funds dollar-by-dollar. The Met Council must give priority to cities that: • Receive less from fiscal disparities than it contributes by more than $200 per household; • Demonstrate that the pmject will link jobs to housing; • Provide matching funds from sources other than the affordable and life-cycle opporlunities amount. If a city elects not to participate for some years, but then elects to participate, the municipality must esta.blish what it agrees to spend on affordable and life-cycle housing, or agree to distribute to the lacal housing incentives accoun� I995 Policy Narrative 3 This amount is equivalent to what it would have spent on affordable and life-cycle housing had goals been established under this section for the period in which it was not participating. The Met Council will determine which investments count toward the required cumulative amount by comparing the municipality to participating municipalities similar in terms of stage of development and demographics. Met Council Reports _ � The Met Council must file an annual report with the Legislature outlining the parficipating and non participating cities, as well as an annual coinprehensive report card on affordable and life-cycle housing in the metro area by city. In addition, a report must be filed with the I.egislature by 7an. 15, 2003 which includes the funds accounts and how they were used. Another report must be Sled by 7an 15,1996 describing the probable development patterns in the metro area by the year 2020. Miscellaneous Provisions � The starting time for the city of Bloomington to liegin repa.ying the fiscal disparities pool for interest on highway bonds sold in conjunction with the Mall of America. is delayed. Also, the 1:1 housing replacement of low income housing for first-class cities is repealed. An urban homesteading pmgram is established to encourage higher income persons to buq homes in areas that are in transition toward blight and poverty. Income tax benefits will also be provided to eligible persons. (11) OMNIBUS TAX BILL � (H.F.1864, Laws 1995, Chapter 264) Local Government Aid/Homestead Credit Aid (Arncle 8, Secnon IS) Homestead and Agricultival Cmdit Aid (HACA) was reduced by $16 million in 1996 for cities, counties, towns and special districts. The ciry share of the reduction is slightly less than $8 million. The cut is for 1996 only and the HACA will be restored in 1997 unless the Legislature acts next year to make the cut pern�wen� The reduction is limited withi.n individual cities to .45% of the 1995 net talc capacity, which will benefit a few very properry poor cities. Aid Distribution and Service Delivery Study (Article 8, Section 22) The Legislative Commission on Planning and F'iscal Policy is directed to establish a subcommittee by 7uly 1,1995 to study: (1) Altemative methods of distributing general-purpose aids to units of local governmen� (2) Approaches to maximizing the efficiency and effectiveness of local government and service delivery. 4 1995 Policy Narrative Cities and counties �l�ll Provide inforniation and analysis as requested within 60 days af the reques� If the city or county fails to camply, the subcortunittaee may recomm+�nd that , the I.egisiat�ire impose a finaucial penaity. . . . The subcammittee report is due Feb.1,1996 and will niake recommendations far x�efarm in aid distribution and government service delivery systems. Iranically, this provision creat,es an unfunded mandate with the threat af a penalty to suppiy unsgecified data and aualysis. Whereas Sections 2 and 23 create a major stud.y of unfunded mandates and their necessity! Baard of Gavernment Innovation (ArncXe 8, Secnons 2& 23) 4i the HACA cut, $2 naillian is alloca.ted. for the Board of Government Innovation and Cooperation for 1996 and 1997. Fifty percent of the funds go far aids to caoperatang and cambining iacat gavernment units. The remaiiiiier is far general grants, A number of changes were made to the applicatian and grant process ta ensure that grant funds are needed and not merely repiacernents far anather e�sting resoui�ce. F'mally, the board is directed to do a majar assessment and study of unfunded s#at� mandates, their impact, inconsistencies or contradictions and relevancy. A report with recomrnendations is due 7an. 15,1996. Class Rate Change (Article 3, Section 10) �'hr�e property class rates were changed. They will have a small. impact and will only create minor property ta�c shifts: . � � (1) Seasonal Recreation Property - Non-commercial: For taxable vaiue under $'72,{}00, the rate changes from 2%a to 1.9% for tu�es payable in 1997 and 1.8% in 1998. The value in excess of $72,000 rernains at 2.5%. � � (2) Manufactured Home Parks: The class rate will remain at 2% for 1996 and thereafter, rather than increasing to 2.3%. {3} Certain Apartmeni Property: Class rates for apartments in cities with popuiafiions of less than 5000 that aze outside the seven-county metro area or the nine condguous counties and that are more than 15 mi%s fram a city with a population over 5440, will. be reduced to 2.3% from 3.4% for taxes payable in 1996 and thereafter. Transit Zone C/I Tax Rate - Metro Area (Arnicle 3, Sections 9& 27j Provides that a transit zone is the area wit�iin ane-quarter mile af a bus route which has certain specified haurs of service within the metro urban service area. If construction funds are cornmitted to a light raii transit raute, that route shall be cansidered to be a transit zone. 1995 Policy Narrative S Also provid.es that the Met Council is responsible for mainta�ining a detail.ed map of transit zones and providing the ma.p.to all assessors in the metro area. The initial rnaps will. be praduced by Jan. 1, 199b. � Any class 3A concunercia1lindustrial stzucture, canstructed under an initiai building pernut issued after Jan. 2, 1996, located in a transit zone and within a school district, and not primarily used for retail or transient Iadging pcuposes, shall have a four gercent class rate on its market value in excess of $1i}O,OpO. (The curnent class rate on that properry is 4.b°lo.) The four gercent rate shall alsa apply to any new unprovements a,dded under an initial building pernut issued after Jan. 2,1996, to an existing qualifiied commencial%mdustrial structu�e located in a transit zane. These changes are effective for the 1997 assessment, ta�ces payable in 1998. Property Tax Refund as Deductian on Tax Statement {Arricle 4) The regular circuit hr�;aker and spe�ial tazgeting property ta�c refimds for hameawners will be deducted on the tu�ation notices. Maney wall be paid by the staxe direcdy w county treasurers and be a pennanent apen appropriatian. 1998 is the first year of the new � payment methcsd., with 1997 as a transition yeaz. � (III} TAX INCREMEr�'T FINANCING {Z�'} {H.F. �8b4, Laws �'995, Ch�tpter 2b4) The Chnnibus Taac bill includes an ecanomic development artic% {Article 5} that contains several T� amendrnents. The amendments include: L.GA & HACA Penalty Option A ma.jar issue surraunding the Iegisiative'I`IF discussian has been the issue af lacal accountability. The imposition of the LGA/HACA penalty has been vi.ewed as a means to illustrate Iocal and state financial impacts of TIl�. The Legislature has b�en reluctant to grant exemptions from LGAIHACA. without imposing such measures as a lacal share, a hausing development requirement or county board appravai of disiric� The 1995 Legislature adopted a pmvision that penmits a city to chaose tb pay a local shar�e for a portian of the district costs. The detaiis af the lacal share are the following: • The amount af the local contribution must be made out of wnrestricted money (general fiind, tax levy, or a federal or a state grant of authority or municipality); * The local contribudon may not be made, directly or indirectly, with'ITF or developer PaYments� • The Iocal contribution must be used to pay project casts and cannot be used for: (1) general government purpases; (2) Improvements or costs that the rnunicipality planned ta incur. 6 X995 Folicy Narrative • The�municigality ar authority may request eantributians from the other local government entities that will benefit fram the dislrict's activities. The contributions ,_ count toward 'the iocal share: • If the sta.te contribut,�s to the pmject costs through a direct grant or similar incentive, the xequired Iocal cantribution is reduceci by 50% of the amaunt of the grant or incentive. •`The authority must annually submit a report r�garding its Iaca1 share to the . commissioner of revenue: The amount of the local match is based an the type of the distric� The authority or municipality mus�: • Elect at the tirne of district appmv�I to use the option, * In each yeaz m�ake a qualif.ying cantribution equal to: (1} Abaut 10%n af the increment for an economic development, housing or renewal and renovadon distric� (2) Abaut 7 1/2% af the increm�nt for a mined und�rground space district, redevelopment district, hazardous substance subdistrict ar sails district • The maximum contnbution for all districts in the municigaliiy is 2°lo af the city's net tax capacity. The local option is effective far new districts and thase certified after 7une 30,1994. The city mast chaase for districts cerlafied priar ta 3uiy 1,19�5, if it will use the option or pay the penalty. The choice must be made by Dec. 31,1995. Soils Condition District The soils district has been amended to limit the district ta the presence af hazardous substance, pollution or contaminants that require removal or remedial action Tax increment fram the district may he used only ta: (1} Aequire parcels; (2) Pay for the cost of removal or remediai actian; (3} Fay far'�u3miz�istrative costs, including the action respanse prepara.tion costs. Nazardous Substance Subdistrict A hazardous substance subdistrict is deS.ned in the definition section by a.cross-reference ta the references in 459.175 subdivision'7. An extended sui�district is defiined ta be a hazardaus substance subdistrict, but only after the overlying T`� district has been ternunated. I995 Poticy Nnrrative � The defuiition of captured value in a hazardous substance subdisbrict and not an extended subdistrict is the amount by which the ariginal net t� capacity of the partian af TIF �- district averlying the subdistrict exc�ceeds the original net tau� capaciry af the subdistrict� Tn ather wards, during the dual district period, the capnu�ed value is the differ�nce between the base values. Paoling . � The amount of aa increment that can be expended outside a nan redevelopment district is reduced. to 2p°1o. The new percentage will apply to districts for which the mquest for certification was z��ade after June 3Q,199S. But For Test The "but for test" has been expanded to include a market value analysis. The analysis must shaw that the n�arket value of the site attribution to development nat rec�iving TIF assistance wauld be less than: the inc.rease on mazket value estimated to result from the proposed TIF develapment after subtracting tlie present vatue of the pmject�ed taxc increments for the rnaximum duration of the district permitted by the plan. The market val�e test daes not apply to qualified housing distric�s. � Annual Disciosure - Reporiing & Enforcement The amendments regarding annual disclosure reporting, as well as enfarcement of the act, transfer duties and responsibilities from the Department of Reveinue to the state auditor. The major components of the amendcnents are: • The annual disclosure staternent must repork the mount of the increment paid to other govenunent bad.ies, the amount paid for administrative costs, and the amount of the increment spent'outside the district� Tf option (a) is selected for fiscal disparities, the repart must indicate the amount of the property ta�c increase. � The annuai financial report must include the amaunt budgeted and e�ended. for the following additional categories: . (1) Pazking facilities, streets, raads, sidewalks; (2) Public park facilities, facilities for sociai, recreatianal ar conference facilities. • The reporting requirernents are extended ta pre-1979 districts. In addition to the individuai district reports, the city must repart to the state auditor for the entire municipality the follawing: (1) Amount af any payments and the value of in-land benefits, such as physical improvements and the use af building sgace that are �inanced with TIF and are pravided tt� another governmental unit during the preceding calendar year. 8 1995 Policy Narrative Clean-up Cost Recovery - Extension of District An authority may, with the approval of the municipality, extend the duration of the district �� beyond the statutory limits if the following circumstances apply: • After the district's establishment, contaminants, hazard substances or other maxerials are found in the distric� • The authority elects not to create a hazardous substance suhdistrict; • The municipality pays for clean-up from the general fund or other non-'TIF revenue. If the dist�ict qualifies under the three factors, the district can extend the duration the lesser of: (1) Ten years after the district would othervvise terminate; (2) The number of additional years needed to collect increment equal to the clean-up costs � paid by the municipality. Clean-up costs are: � (1) Limited to actual costs of removal and remediation. Clean-up costs do not include: (1) Financing or interest costs; (2) Testing and engineering costs. Clean-up costs must be reduced by any amounts recovered foim private or responsible parkies. Economic Development Districts The pmvision that pernuts a small city (5,000 population or less) to establish a commercial facility with an economic development disbrict has been eliminated. An economic development district for which cerGification is requested after June 30,1995, may expend increment to pay for site preparation and public improvements if: • Eighty percent or more of the district's area. includes bedrock; • The estunated cost of the physical preparation of the site exceeds the land's fair market value prior to completion of the preparation; • The increment is only used to prepare the site and pay reasonable adminisirative costs. Parcels Not Included in Districts The "20 year" exclusion regarding parcels fornierly in an economic development district has been deleted from the ac� The section, however, has been amended. to prohibit parcels classified. under the green acres or agriculrival preserves provision from being included in 'TIF districts. 1995 Policy Narrative 9 The.amendment differentiates by regions of the state-metropolitan and Greater Minnesota. The amendments state that a parcel cannot be part of a district if during any of the prior �_ five yeazs, it was classified under chapter 273.111 or 273.112 (Cmeen Acres) or Chapter 473H (Agricultural Preserves). In Greater Minnesota, the prohibition does not apply if the parcel will be used for manufacturing purposes. Special Laws . � A general law amendment regardi.ng special la.ws that extend the duration of a district is beyond statutory terms in the Z'� aznendments. If a special law extends the limits of an existing district or a new district, the city must • Elect to pay the L.GA/HACA perialty for the additional yeazs or request the school district to approve the adjusted tax capacity. (Adjusted tax capacity means that the district's captured value is used in calculating the school aid formula. Therefore, the school district would receive less state aid and more revenue locally). • Request approval of the county board and school district of the local law. The election must be made prior to requesting local approvals. (IV) TRANSPORTATION (Laws 1995, Chapter 265) Highways No changes were made to highway funding and there are no additional gas taxes or increased fees. Mn/Dot was appropriated $2,584,427,000. There is a shortage of funds. Transit Transit funding was increased significandy from last biennium but not to the level needed to stay even with service demands. The biennium funding for general transit and metro mobility was $84 million. This is up from $69 billion in the last biennium but down from the $93 million requested or the $89 million budget allocation by the governor. An interesting twist is the Met Council is authorized to spend at a$90 million level the first year of the biennium. This may present an interesting dilemma during the 1996 session, since a sizable supplemental appropriation will be needed to keep transit afloat in F.Y. 1997. Noise Regulations The law provides that no noise standards �shall apply to an existing or newly constructed segment of a highway, provided that all reasonably available noise mitigation measures, as approved by the commissioners of the Department of Transportation and Pollution � Conirol Agency, are employed to abate noise. 10 1995 Policy Narrative This language basically resolves problems encountered by city, county and state road - construction noise, as well as potential noise-based lawsuits involving highway construction projects. Mn/Dot is required to conduct a study of noise bazrier needs and report back to the Legislature in 1996. � (V) METROPOLITAN LAND PL-A1�TNING ACT (HF. 833, Laws 1995, Chapter 176) This chapter amends several provisions of the Metropolitan Land Planning Act, which was first adopted in 1976. They are the fust significant amendments to the act since its adoption. This bill was sponsored by the Met Council and its major elements are: (1) Incorporation of Water Management'Plans. Water management plans prepared by cities pursuant to MS 103B.235 must be incorporated into the land use plan section of a comprehensive plan and be submitted to the Met Council for review and commen� Forn�rly, these plans were submitted to �Vater Management Organizations (WMOs) only. (2) Ten year Review of Comp Plans. Metro area units of government must review and, as necessary, amend their comprehensive plans by Dec. 31, 1998, and at least every 10 years thereafter. Such review and, if neoessary, amendment shall ensure that the fiscal devioes and local controLs are not in conflict with the comp plans. (3) Merriam Amendment is Repealed. That amendment stated tliat the zoning ordinances supersede the comp plan if there is a conflic� (4) Holding Zones are Allowed. An official conirol or fiscal device shall not be considered to be in conflict with a comp plan if such official control or fiscaT device is adopted to ensure the planned orderly and sta.ged development of urbanization or redevelopment areas designated in the comp plan. (5) Uniformity of Controls/Fiscal Devices. After August 1,1995, a city is prohibited from adopting an official control or fiscal device which is in conflict with its plan. (6) Nine Months to Amend Ordinances. After approval and adoption of a revised. comp plan, a local government unit has nine months to amend its ordinances (same as current law). (7) Amended Gontrols go to Met Council for Information. Copies of amended official controls or fiscal devices must be submitted to the Met Council for information (but not approval). 1995 Policy Narrative 11 (8� Fxtensians May be Granted. The Met Council ma.y grant extensians ta the Dec. 31, ,. 1998 deadline in order to allow the l.ocal government unit to complete the review and aznendments as required by this bill. � (9) The key dates of the bill aze; A. August 1,1995 E,t,�'eetive date af bill. After August 1,1995, local govennn�ent units shall not adopt official controls which conflict vsrith their comg plarns, B. Dec. 31,199$ . Review. By this date and every 10 yeazs therc;after, each Iocal government uni.t shall review and, if necessary, amend its comp plan. The Met Cauncil ma.y grant extensions to the Dec. 31,1�98 deadline. � �' C. Wxthin nine months � Amendment pracess. Withiz�.nine months aft�r local government unit adoption of comp plan (MS 473.$65, subdivision 3) if an official control canflicts wi.th a camp plau as a result af an amendment to the plan, the afficial contral shali be amended by the unit within ni.ne months. (10) Assistance Available if Needed. The Met Council must consult with 1oca1 government units ta evaluate the need for technical and financial assistance to implement thiis bi.11 and report its findings to the Legislature by Jan. 15,1995. (VI) ZOIVIN� ISSUES - PROCESS TIME {Laws 1995, Chapter 248, Arncle I8� New tirne limits are established for certain �rnuts and actions by gavernmenial units af the state including local, metro and state agencies. An agency must approve or deny within �0 days a written request relating to zoning, septic systems or elcpansion of the metro urban service area for a pernut, license or other gavernmental approval of an action. Failure ta deny within 60 days constitutes an apgroval. Denials must be stated in writing with reasans. The 60 days begins upon receipt of a writ#en request cantaining all informafion required by law or previously adopted rule, ordinance ar policy. An agency has up to 10 days to n�a.ke a written request for incomplete infarmatian. If an action requires approval af mare than one sta.te agency in the execudve branch, the time period begins for all executive branch agencies when the first agency has received all pertinent data. 12 1995 Policy Narrative The tune limit is ext�nded if a state statute, federal law or court order requires a process prior to approval and the time periods for the stated process make it impossible to act in ,_ 60 da.ys. Time is extended if prior approval is required by a state or federal agency. F'uially, an agency may extend the timeline by pmviding written notice to the applican� The notification reasons and anticipated length of extension must be included and may not exceed 60 days unless approved by the applican� With agreement by an applicant, a process such as a complex or controversial rezoniag can be extended beyond. the 60-day time limit This provision may prevent premarime denials by agencies faced with the more difficult actions. The act is effective 7uly 1,1995 for any applicable request submittied after that date. (VII) 800 MHz RADIO SYSTEM (Iaws 1995, Chapter I95) An independent Metropolitan Radio Boani is established to supervise and oversee the first-phase planning and implementation of a shared metro-wide radio system. The boazd will ensure the operation and maintenaace of the system in such a way that subsequent phases can be added. Staff will be provided by the Met Council until user fees become available July 1997. The board's plan for the first phase backbone of the region-wide system must be based on Mn/Dot's recommendations. Mn/Dot is directed to contract for construction or lease of the first phase and is responsible for ownership and operation. The total initial cost is about $30 million. The backbone system will serve Mn/Dot, Metro Transit, metro area highway patrol and possibly the Metropolitan Airports Commission (MAC�. Counties must do a county-wide plan including cities (which must cooperate). First-class cities will do an individual plan. Participation in the 800 MHz radio system is voluntary. Cities or counties may join at any time. . Capital funding includes $10 million in revenue bonds for Public Safety Mutual Aid, $3 million in transit bonds and an agreement that $15 million state bonds will �be a high prioriry for the 1996 state bonding bill. The public safety and operational costs will be paid primarily from up to four cents of the 911 telephone tax. $194,000 was appropriated from state highway funds to secure the necessary radio channeLs from the FCC and to cover other preliminary costs. 1995 Policy Narrative l3 The radio boand consists of 17 members: one elected representative from each af the - seven counties,l4iinneapolis, SL Paul and Bloomingtan; five governor appaintees (based ._ an re+commendations by vanious arganizations including two suburban elected officials by AM11/I, one elected city afficial by LMC, ane metm sheriff and ane metco police chie#); ane Met Council member, and Mn/Dot's d.uector of Electronic Communications. The board sunsets 7uly 1, 1999. The Legisla.ture will deterniine if the activiry is to b� transfen�ed to the Met Council or a state agency. The P�az3' P�'Pase of the shared radia system is ta coordinate usage of a dwindling supply of radio channels in the metro region, at a time when demand �s growing ragidly. The act is effective Aug. 1.,1995. • All af AMI:Vi's pr�nary concems were met: •�ities Rrill not be farced ta madify cuirent systems, purch�ase new equipment prematwrely or become part of the metro system until they voluntazily choose. • The system will provide a phased bransition so that unintenupted service is guaranteed. • The syst,�m will be flelci�ble ta allow various local coardinated dispatch and service amangements. � � • Governance will be representa.tive of entities and users who will ultimately bear the cast but not daminated by any single user gmup. � (Vtit} ECONOMtC DEVELOPMENT & HOUSI�VG FINANCE (Laws 1995, Chapter 224) The Legislature enacted several pieces of legislation rela.ting ta econornic develapmen� The legislation inciudes the appmpriations bill as well as sectians of the band allocation, state departments, omnibus tax and the public finanoe bills. The following is a summary of the major companents of the various uutiadves: Deveiopment af TradeJEcanamic Development (DTED): Budge# The agency's budget for the 1995-1997 biennium tatals $58.1 millian. Of the total, the following appmpriations were identified: •�Six million far economic recovery grants, Tiiis is a one-year appropriation. The pmgrarti's future will be, in part, deterni%ne by a legislative auditor's repart that is due during the 1996 session. The appropriatian is below the governar's reconimendations of $14.0 million in new funds and the agency base level fiznding. * About $379,000 each year for the small cities federal match. ' APPm�dmately $1.9 m�illi.on each year for the jobs skills gartnership prograrr�. • About $7.8 millibn for the biennium for the pollution clean-up pmgrani autharized under secdons 116r.551 to 116J.558. . 14 1995 Policy Narrative • Customized job training grants of $300,000 to the S� Paul Port Authority and $200,000 to the Minneapolis Community Development Agency. • Two million for the continuation of the Community Resources Program (CRP) in Minneapolis, S� Paul and Duluth. Department of Economic Security: Budget . The department's total budget if $99.6 million. Of the total, the following appropriations are identified: • Approximately $935,000 each year of the biennium for transitional housiag operations. - • Three million for 1995, for summer youth employment programs. Minnesota Housing Finance Agency (MHFA): Budget The agency's budget is $47.5 million for the biennium. The budget is $13.5 million above the cuirent biennial budget The agency's budget for each year is $30.1 million for F.Y. 1996 and $17.4 million for F.Y. 1997. The major components of the budget are: (1) An Additional $6 Million for the Affordable Rental Investment Fund. The current biennial appropriation appmximates $7 million. The appropriation includes language that directs the agency to work with public and private agencie� in the McKnight Founda.tion regional to esta.blish priority uses for the funds. In addition to the regional priorities, the agency must give preference to economically viable pmjects in which local governtnents, employers and the private sector contribute financial assistance. (2) Develop Priorities for Fund Usage. In the metro area, the agency shall collaborate with the Met Council to develop priorities for us of the funds. The Legislature also directed that the MHFA shall give preference to economically viable projects that: • Include local Snancial contributions; • Consider the availability of public transportation; • Take into account job training efforts in the community; • About $5.8 million for the Community Rehabilitation Progrun (CRP). Of the CRP appropriation, $250,000 must be used each year for full-cycle home ownership and purchase-rehabilitation lending initiatives. �venty percent of the CRP must be made available for use in low income neighborhoods of Minneapolis and S� Paul for the home ownership programs. • Approximately $30 million in revenue bond praceeds are available and originate from a pre-1981 bond. For example, the proceeds can be made available for non-first time buyers and income and purchase price limits are not subject to current federal guidelines. The Legislature required the agency to give priority for use of the proceeds to cities that receive a CRP grant I995 Policy Narrative 1 S • About $1.5 million each year for rent assistanoe andJor family stabilization. The governor has vetoed $500,000 for lead abatement and $200,000 of a$400,000 appropriation for emergency mortgage foreclosure prevention and emergency rental assistanoe. (IX) ISSUES NOT PASSED IN 1995 There wer� several bills of interest or concern that the AMM reported on during this session which did not pass. Technically, these bills are still "alive" and can be considered when the Legislature reconvenes in January. Housing as a Regionai System (H.F.1258 - Hausman; S.F.1233 - Pappas) . This bill as introduced would have made housing a fifth regional system and required the Met Council to establish affordable housing goals for each ciry. Codification of Regional Biueprint (H.F. lll4 - Entenza; S.F.1109 - Novak) This bill also would have required the Met Council to establish affordable housing goals and codified�into statute portions of the Regional Blueprint Land Stewardship Land Use Planning Bili (H.F. 779 - Orfield; S.F. 698 - Morse) This bill virlually froze the MUSA line and established additional requirements for comprehensive plans. It also would have allowed residents throughout the state to bring civil action against the Met Council if local actions were not in compliance with Met Council plans and policies. Direct Election of Met Councii Members (H.F. 609 - Orfield; S.F. II07 - Mondale) This bill would have established direct elections of a 16-member Met Council and provided public financing for candidates. Property Tax Freeze , The Senate-proposed property tax and levy fi�eeze did not become law. The Senate passed the freeze bill (S.F. 1570) and then re-passed it three different times attached to other House files (H.F. 602, 603 and 1864). During the final week of the session,.the House leadership agreed to report out a conference report on H.F. 603. However, neither the Senate nor the House leadership could muster more than 15-20 House members to support the bill. The bill never came to a vote on the House floor. � 16 1995 Policy Narrative � Up to the last week of the session, the governor's staff had insisted he would veto a freeze, but rumor during the last days indicated that if presented with a freeze bill, he would sign i� `� Municipal Bond Interest Taxation - The House Tax Committee chair Ann Rest pushed to have all state and local bond interest taxable for income purposes. But due to extreme municipal pressure, the issue was dropped. Beg for Your LGA/HACA A House provision by Rep. Dawki.ns would have required metro area cities to prove they were heing efficient and attempting to provide services cooperatively with other units to receive all of their LGA/HACA. This was turned into a statewide study by the Legislative Commission on Planning and Fiscal Policy. School Property Tax Constitutional Amendment The House-passed bill to remove schools from the local properiy tax was not taken up by the Senate. It does not indicate where funds might come from to ieplace local properiy tax. About $2 billion of replacement funds would be needed and could come from income, sales or a state-imposed property tax. Although the bill did not pass this year, it may and probably will be reconsidered next year. Municipal Tort Liability Increase An increase to the curnent $200,000/$600,(}00 municipal liability limits was well in its way to passage until it becarne embroiled in a political battle over joint and several liability language. This issue will be back next year since the cuirent limits have not been adjusted in 10 years. Gas Tax & Transit Funding This was the year (supposedly) for a political agreement to increase the gas tax for highway funding and to provide alternatives and increased funds for metro transit initiatives. It did not happen. The House would not budge until it got a signal from the governor for gas tax support. The signal did not come until the last week of the session and then it was weak at bes� The Senate would not do anything for transit until a gas tax increase was agreed upon. 1995 Policy Narrative 17 � association of metropolitan municipalities 1995 Legisla�tive Session �� r, ij) MUNICIPAL REVENUES ................................... 1 A. Levy/Value Limits (1) B. Mandated State & Federal Programs (I ) C. Local Government Aid (1) D. Properry Tax (2) E. General Fiscallmpact.Policies (2) F. Oppose Conversion of City LGA/HACA to School Aid (3) G. Homestead & Agricultural CreditAid (HACA) (3) H. State Imposed Fee for Service (3) I. Fiscal Dispariry Fund Distribution (3) (II) GENERAL LEGISLATION ................................. 3 A. Oppose Reduction of Autharity/Local Control (3) B. TortLiability (4) C. General Public Data (4) D. Police & Fire Pension Provisions (4) E. Contractors Performance Bonds (4) F. 911 Telephone Tax (4) G. 800 MHz Radio System (4) (III) HOUSING & ECONOMIC DEVELOPMENT ................................................ S • A. Housing & Neighborhoods {S) B. Economic Development (6) C. Land Use Planning (7) (IV) METRO GOVERNANCE STRUCTURE..............:.......................................... 7 A. Metro Governance Philosophy (7) B. Criteria for Extension of Authority (7) C. Structures, Planning & Funding (7) D. Comprehensive Planning (8) E. Met Council Budget (8) F. Metro Park Funding (8) G. Water Resource Management (8) H. Waste Stream Management (9) iV) TRANSPORTATION ............................................. 9 A. Street, Bridge & Highway Funding (9) B. Metro Transit Funding (10) C. Transportation Services Funding (10) D. Transportarion Highway & TransitFunding (10) E. MSAS Funding (10) F. Highway Jurisdiction (10) G. Transportation Utility (11) H. "3C" Transportation Planning (11) I. Railroad Right-of-Way {Il ) J. City Speed Limits (11) K. Transportation Incentives (Il ) L. Regional Transit System (11) M. MSA Screening Committee (11) N. Metro Transit Tax (11) O. Airport Policy (I1) P. Bikeway Grants Program (11) Policy # Description Friority Action Chapterl.8ill # Camments IA-1 Levy Limiis C-A Upheld The Senate-passed "freeze" bill would have established a strict 3°lo ar Implicit Price Deflatar levy limit for 1997. � IA-2 Opposed Valualionl C-A Upheld The Senate-passed "'freeze" bill would have frozen Operativn Freezes levies and property values for I996. City lobbying prevented this bill from being heard in the House on the Iast day af session. IB Mandrrted State & B Partially Laws 1995 A zoning, septic system or MLTSA expansion Federal Frograms Upheld Chapter 248, pernut, license or action must be acted upan S.F. 1246 within 60 days. A unit has up to IO days to deter- mine if application is complete; time may be Laws 1995, extended by agreement The Legisiative Commis- Chapter 264 sion on Flanning and Fiscal Policy will study H.F. 1864 alternative aid distribution systems and ways to .improve efficiency and effectiveness of local gavernment sezvice delivery. The commission can request that financial penalties be imposed if cities dan't provide information for the study. IC Local Government � A Upheld The governor had recommended significant LGA Aid' cuts for both 1996 and 199'l. No changes were made ta LGA and the grawth far 1996 based on - the Implicit Price Deflatar is 3.19'0. C`urrent law recalculates LGA increases each year for each city, with 1994 as the base grandfather year. AMM Policy Report (1995) - - Policy �# Description Priority Action Chapter/Bill # Comments ID-1 General Class • C-A Upheld Laws 1995 There was no major class rate changes that will Rate Changes Chapter 264 significantly impact other property classes. H.F. 1864 Seasonal recreational property class rate for value under $72,0(}0 will reduce from 2% to 1.996 for taxes payable in 1997 and 1.8% in 1998. The rate for value over $72,000 remains at 2.5%. Manu- factured home park class rate will remain at 2% pemlanently. ID-2,3 Tax Exempt B/D No A few bills were introduced but no serious Property: Action discussion occurred. Private/Public ID-4 Property Tax C/A Upheld Major issues in policy were upheld as no ma.jor Reform changes occurred in property taxation. Many bills intended to overhaul the property tax system were introduced, heard and tabled. There will be major discussion in the interim and 1996. IE-1 Fiscal Note C Upheld Fiscal notes continued per AMM policy. Conhnuation � IE-2 Funding Shifts D Upheld Funding was continued per AMM policy. IE-3 State Revenue C Upheld The state budget reserve and its use were Stability protected. IE-4 City Fund GA Upheld AMM position of no restrictions or state Balances control upheld. AMM Policy Report (1995) 2 Pvlicy # Descrigtion Friority Action Cha�pter/Bill # Comments IF Oppose ' A Ugheld A last-day attempt was made by Hpuse leadershig Conversions of Ciiy .. to permanently cut 1995 and beyond city/county LGA & XACA to LGp►1HACA by $25 nullion for school funding. School Aid The move failed due to averwhelming response by local officials ta requests fram A�MM and others to quickly call their legislatars. IG Homestead' & A Partially Laws 1995 The Omnibus Tax bill includes a one-dme $16 Agricullurai Credit Upheld Chapter 264 nullion I3ACA cut in 1996 for cities, counties, Aid' (HACA) H.F. 1864 towns and special districts. City share is slightly Iess than $8 millian. Decrease is restored in 1997. IH State -imposed Fee C Upheld No additional fees for services were impased. fvrServices 11 FiscaI Disparity C/A. Ugheld There were no bills processed that would have Fund Disbzbution reduced the current fiscal disparity pool. S.F. 277/ H.F. 431 provided additional fiscal disparity contri- bution from part af new residential growth, which did not violate the palicy. But, it was vetoed. IIA Oppose Reduc- C/A Upheld No new restrictions were imposed. ' tion of Authority or Local Conirol AMM Pol�cy Repart (7995) � Policy;# Description Priority Action Chapter/Bill # Comments IIB Tort Liability • B Upheld Although there was a major effort to increase the ' local liability limits, the bill ultimately failed and no new changes to current law were enacted this year. IIC General Public D No Data Action IID Police & Fire C Upheld No changes.per AMM policy. Pension Provisions � IjE Coniractors D No Performance Bonds Acdon , IIF 911 Telephone Tax D Upheld Laws 1995, The genera1911 telephone tax was unchanged, Chapter 195 however, the 800 MHz bill provides that up to S.F. 467 four cents of the tax may be used for the public safety portion of the 800 MHz backbone. IIG 800 MHz Radio B Upheld Laws 1995, A 17-member Metropolitan Radio Board was System Chapter 195 established to plan and implement a metro-wide S.F. 467 public safety radio communications system with specific powers including construction granted to Mn/Do� Board includes six city-elected officials and a police chief. All AMM policy criteria were met. City participation is voluntary and the Met Council will oversee the radio board. AMM Policy Report (1995) 4 Policy # Description Priority Action Chapter/Bill # Comments IIIA-1, 2 Governmental NA Not These policies are not directed toward legislative Actions Affecting Action action but are intended to serve as a reminder to Housing Costs Policy all levels of govemment that they should carefully � examine their policies and practices that, though unintended, may increase housing costs. IIIA-3 Mandatory Land C/A Upheld H.F. 779 This policy opposes mandatory zoning and land Use Standards S.F. 698 use standards being imposed at the state or metro- Not Passed politanlevel. IIIA-4 State Housing A Partially Laws 1995, Appropriates $7 million additional funds for Policy Upheld Chapter 224 affordable housing. Consolidated some programs. and 255 Repealed the 1:1 replacement in central cities. IIIA-S Local Housing B Partially Laws 1995, Provides some funding and tools on a match basis Policy Upheld Chapter 255 for cities to provide affordable housing where needed and upgrade housing where there is too little higher value housing. (See Livable Communities Act - p.l in narr�ative) IIIA-6 Metropoliian A Upheld Laws 1995, Establishes three separate funds to deal with Housing Poticy Chapter 255 contaminated soils, construction of affordable and Regional housing and housing rehabilitation and mainte- Blueprint nance. The Regional Blueprint and this new law considers the linkage between housing, jobs and transportation called for in AMM policy. (See Livacble Communities Act - p.l in narrative) AMM Policy Report (1995) � 5 Policy # Description Priority Action Chapter/Bill # Comments IIIA-8,9 State/County . D N� Policy Not Policy calls for more input from cities in the Licensed Residen- Action Upheld regulation of group homes. tial Facilities IIIB-1 Cities Redevelop- B No Policy Not This policy suggests that a state development ment & Economic Action Upheld strategy be established and that cities be the Development primary governmental unit responsible for imple- menting the strategy. IIIB-2 Reinstate/Expand B No Policy Not The policy urges the Legislature to reinstate the URAI' Acdon Upheld � former successful Urban Revitalization Action Program (URAP) and expand it to include suburban cities. IIIB-3 Equal Treaiment C Upheld 1'he AMM successfully opposed attempts in other of Cities proposed'I� legislation that would have set different requirements for usage of programs'on basis other than problem definition. IIIB-4, S Tax Increment B Parkially Laws 1995, (See TIF summary - p.6 in narralive) Financing Upheld Chapter 264 IIIB-6 Other B Partially Laws 1995, Did not establish new tools for cities and appro- Development Tools Upheld Chapter 224 priated only $6 million for the economic recovery grant programs. IIIB-7 Devel'opment of A Upheld Laws 1995, State appropriated $7.8 million for pollution Polluted Lands Chapter 224 clean-up and the Livable Communities Act pro- and 255 vides about $4,0(}0,000 more for clean-up. AMM Policy Report (1995) . 6 Policy # Description Priority Action Chapter/Bill # Comments IIIB-8 Building Permit D No Policy Not Policy calls for the return of excess surcharge fee Fee Surcharge Acdon Upheld to local units of govemrrient. I�iIC Land Use Ptanning C/A No Upheld No significant changes to state planning act, but Action Metro Land Planning Act was revised. (See Land Planning Act amendments - p.11 in narrahive) IVA Purpose of Metro NA This is a non-action policy which sets forth a Governance philosophicai framework for a metro governance Structure structure. NB Cizteria for Exten- GA Upheld No new authority granted to Met Council. sion of Metro Governance Authority IVC-1 Selection of Met B Not H.F. 609 Policy calls for an elected Met Council of 16 Council Members Upheld S.F. 1107 members. NC-2 Restructuring of D Not Policy calls for the elimination of the Metropolitan. Metro Agencies Upheld Sports Facilities Commission as a metro agency and a clarification of the Metropolitan Airports Commission. AMM Policy Report (y995) 7 Policy #� Description Priority Action Chapter/Bill # Comments IVC-3 Policy Planning & D No Non-legislative action policy urging Met Council Implementation Acdon to maintain long-range planning as a high priority. IVC-4 Funding for C No Policy opposes a single funding source for re- Regionally pro- Action gionalgovernmentexpenditures. • vided Services NC-S Regional Tax Rates C No ' Policy opposes legislative regulation of fees & User Fees Action charged for regionally-provided services. ND Comp Planning: C Upheld H.F. 1258 Would have made housing a regional system. Local & Regionarl S.F. 1233 AMM opposes this action. Interaction IVE Met Council NA Non-legislative actionpolicy. Budget Process IVF-1 Operahion & Main- B Partially Laws 1995, $2.25 million appmpriated for each year of bien- tenance of Re- Upheld Chapter 220 nium for operation and maintenance. AMM policy giona� Parks calls for 40% fund.ing from state. IVF-2 Regiwnal Bonding B Partially Laws 1995, $5.1 million appropriated for the biennium. Met for Regional Parks Upheld Chapter 220 Council-issued regional bonds is contrary to AMMpolicy. NG-1 Water Supply C Upheld Laws 1995, No new requirements for water supply planning Chapter 184 except local water plans must be included in lacal comprehensive plans when they aze updated per Laws 1995, Chapter 176. — AMM Policy Report (i995) 8 Polycy # Description Priority Action Chapter/Bill # Commenis IVG-2 Surface & Ground C Upheld Laws 1995, Streamlines the review and appmval process of Water Chapter 184 surface water management plans. Should reduce Management the approval�process time significanfly. NG-3 Regional' Waste C Upheld No Action Policy calls for uniform rates for the regional tiVaier Treatment This Session waste water treatment system. A study is under- Sysiem way that could lead to changes in the allocation � of regional chazges for the collection and treat- ment of waste water. NG-4 Waier Testing C Not No Action Policy calls for a change in the connection fee to ' Connection Fee Upheld This Session make it more equitable. IVH Waste Stream B Upheld Laws 1995, Among its many provisions, completes the transfer Management Chapter 247 of solid waste management duties of the Met Council to the state Office of Environmental Assistance. VA Sireet, Bridge & A Not Although several bills providing a gas tax increase Aighway General Upheld were pmgressed, there was never a political Funding agreement between the Legislature and govemor. Rural highway and urban transit supporters couldn't agree on funding compromise. Highway funding remains unchanged. AMM Policy Report (1995) . 9 Policy # Description Priority Action Chapter/Bill # Ct�rnments VB Metro Transit A Partially Laws 1995, $8�€ rniliion was provided for metro transit and System General Upheld Chapter 265 metra mobility. This was $5 millian less than the �unding S.F. 371 gavernor recommerided and $9 millian less than requested. The final amount was a compromise between the rural-dominated Senate position af $69 million and the House which tended towazd full funding. A side deal allaws the Met Council #o spend at a$90 millian level for their first year, thus requiring additional funding for yeaz twa or drastic cuts. �e Transportation B No Services Fund Action YD Transporiatron A Not Fi.F. 1121 Pravided a five cent per-gallan indexed gas tax and H'ighway & Trans• Upheld (Rep. Lieder) a metro sales ta�c up ta one-half cent to replace poriaiion Fundin,g S.F. 832 current transit property tax and staie transit funds, Alternatives (Sen. Flynn) not inclucling metro mobility. This would have . . provided same additianal transit dollazs. The groposal didn't get the necessary political backing. VE MSAS �unding for D No , Combined Street Action Depru�ments . VF Highway D Upheld No changes ma�le to cwrent law. Jurisdiciional , Reassrgnment � - AMM Palicy Repott (�9951 � y0 Fo�icy # Descripiion Priority Aetion C'hapterlBill # �'vmments VG Transportalion D No UtiCity Action VH '3C' Transpvrtrrtion � Upheld AMM poliey maintained. Na changes to current Flanning Prvicess ac%tivies. � VI Preservafion of RR C Upheld Mn/Dat Rules Process is per AMM policy. Right-af-Way VJ Ciiy Speed Limits C Ugheld No changes made to current law. VK Transportation p No InceniiveslDisin- Action centives " VL Regional Transit B Upheld Planning for current projects include elements � � Syst`em within AMMpolicy. VM ' MSA Screening D No C'ommi#ee Acdon VN Metro Transii Ta� B Not {See VD �T'ransportation and Transportalion Upheld Funding] - p. l0 of policy success) VO Airpori Palicy � Upheld The dnat-track process will cant�ue. YF Bike-way �rants D Na Program Action - AMM Policy Repart (1995) y� CITY OF MENDOTA HEIGHTS �� � June 16, 1995 TO: Mayor, City Council, and City Adminis�ra�� FROM: Shawn Sanders Civil Engineer SUBJECT: Hiring of Summer Engi.neering Aide DISCU55ION• The Engineering Department is currently experiencing its busiest construction season in sever�l years. Major projects under construction include Friendly Hills Street Reconshuction and Mendota Waods, with Swanson's 2nd Addition, Ivy Falls South Addition, and Curley's Addition Street Reconstruction as future projects. , In recent years, the City has added a temporary engi.neering aide to assist the engineering staff during the constiuction season. This year we hired Tony Fotsch, a Civil Engineering graduate from Washington University. Recently, Tony informed us that he would be leaving in mid-August to attend graduate school at the University of California. This would leave the Engineering Department without an aide for late summer projects. Although Tony's departure is two months away, the hiring of an additional aide at this time would assist the department in its field survey work, for ongoing project�and allow more time for the preparation of plans and specifications for upcoming projects. The Engineering Department has contacted the University of Minnesota. regarding its Career Development Program. This program provides hands on engineering experience for civil engineers. Six people expressed interest in the position and three candidates were interviewed. The best candidate for the position is Derick Anderson. Derick has worked for the City of Edina and Douglas County Public Works in similar positions as an engineering intern. Since Derick has had experience with the public sector aad is already familiar with the procedures of construction projects, he would be very helpful to our staff. Derick would be able to start work immediately and work into the fall. The pay for this position would be the same as Tony's or $9.50 per hour. RECOMMENDATION: Given the heavy summer schedule of ongoing and upcoming projects, I recommend Council approves the hiring of Derick Anderson as a temporaty Engineering Aide, effective immediately. ACTION REOUIRED: If Council concurs with the recommendation, they should pass a motion to hire Derick Anderson as a temporary engi.neering aide at an hourly rate of $9.50. SS:dfw Derick Anderson Home/Message: 6420 Irving Avenue South . (612) 861-1614 Richfield, MN 55423 � ' Work (612) 88���.731 PROFILE . Education and work experience in civil engineering with emphasis on municipal � construction and environmental projects. Able to communicate effectively with supervisors, subordinates, and the general public. Able to work well as part of a team or individually. Strong computer, technical and mechanical aptitude; able to learn new technologies quickly. Engineering Experieiice: Douglas Couniy WATER RESOURCE ASSISTANT Public Works Part of a team that completed an inventory of over 600 private welis and septic Alexandria, MN systems around 5840 acre lake for county comprehensive Iocal water plan 6/93 - 9/93 • Dra�ted land parcels from legal description and 1/2 section maps • Determined if properties met environmental and zoning regulations • Monitored water levels of four lakes on weekly basis for the DNR . • Helped �reate statisiical database of all outdoor recreational facilities in couniy; gathered field data throughout county and entered into computer City of Edina CIVIL ENGINEER INTERN / CONSTRUCTION INSPECTOR Engineering Dept. Construction inspector on road and sewer projects totaling over $510,000 dollars Edina, MN • Helped to reduce sanitary sewer repair expenditures 14% b/92 - 9/92 by identifying needless repairs and eliminating excavations • Maintained records of construction progress, expenses, and as-built dimensions • Inspected city parking ramps and bridges; drafted detailed plans to.locate , damaged areas for monitoring and future repair = � • Sampled construction materials for testing • Participated in survey crew Additional Experience: CENTURI' 21 MAINTENANCE.CONTRACTOR / BROKERAGE ASSISTANT -� -�• Red Carpet Realty • Provide innovatiye and cost effective remodeling and maintenance of rental � Bloomington, MN and investment property; organize expenses on spreadsheet progams 5/94 - Present , • Prepare work�orders and review bids for refurbishing foreclosed property' � :�. • Maintain IBM andMacintosh computer systems and on-line services .� � Utilize AV computer technology to capture images from on-line service . and videotape; design color photo brochures using Photoshop 2.5 and Word 5.1 EDUCATION Teclinical Electives: Additional Education Bachelor of Civii Engineering 1994 E.I.T. Certified University of Minnesota Institute of Technology Minneapolis, Minnesota ' • GPA: 3.0 Design of Highway Pavements, Groundwater Soil Pollution Abatement, Solid and Hazardous Waste Management, Groundwater Mechanics, Geostatistics, Organic Chemistry, Limnology, Geology, Siology, Scuba Diving AutoCAD v12 48 hours to be completed 4/26/95 The Dale Carnegie Course MEMBERSHIPS American Society of Civil Engineers � CITY OF MENflOTA HEIGHTS MEMO June 16, 1995 TO: Mayor and City Council FROM: Tom Lawell, City Administ SUBJECT: Fourth of July Fireworks Update DISCUSSION As announced at our last City Council meeting, Mendakota Country Club has offered to co-sponsor with the City of Mendota Heights a 4th of July fireworks display for the benefit of the community. Under the proposal, Mendakota would pay all costs related to putting on the actual fireworks shoot, while the City would bear the costs of the added traffic control, police and fire protection, portable bathrooms, and community publicity. The organization conducting the fireworks shoot, the Northern Lighters, would attend to the actual �� setup and firing of the fireworks themselves. Details of the event were discussed at length on Tuesday of this week at a meeting attended by Mr. Bob Johnson of Mendakota County Club, Mr. Paul Breigel of the Northern Lighters, Sgt. Wicks of the Police Department, Chief John Maczko of the Fire Department and myself. Notes from that. meeting at attached. A press release for the event is currently being prepared and will be submitted to the Sun Current and the Southwest Review next week. Staff is currently checking with our insurance carrier to make certain the certificate of insurance being provided by the Northern Lighters (to which we will be named as an additional insured) adequately protects the City. . ACTION REQUIRED None. This memo is being provided to keep Council up-to-date on the progress of this issue. � �� CITY OF MENDOTA HEIGHTS MEMO June 14, 1995 TO: File FROM: Tom Lawell, City Administr SUBJECT: Fourth of July Fireworks Display - Mendakota Country Club DISCUSSION On June 13, 1995 a meeting was held at City Hall to discuss the proposed fireworks shoot at Mendakota Country Club on July 4, 1995. Present at the meeting were Mr. Bob Johnson, Manager of Mendakota County Club, Mr. Paul Breigel of the Northern Lighters firewQrks organization�, Sgt. Shorty Wicks of the Mendota Heights Police Department, Chief John Maczko of the Mendota Heights Fire Department and myself. m At the meeting the participants discussed the physical layout of the Country Club and the location of the proposed shoot. Mr. Johnson explained that the shoot would occur in the vicinity of the 12th hole. Mr. Breigel explained that he has analyzed the site for compliance with applicable federal laws and finds the site acceptable. ' ' ' Fireworks launched as part of the show will reach altitudes between 350 feet and 1,500 feet. One low display may be included in the event which will be a noise event approximately 75' off the ground. The event is scheduled to begin at 10:00 p.m. The whole show should last approximately 30 minutes with the finale beginning at about minute 17. Shells used in the show will be of typical size (5" to 8"), with one large 10" shell included. The 10" shell will be the one which - reaches approximately 1,500' altitude, while the smaller shells will be at lower altitudes. Based on his previous experience with such events, Mr. Breigel estimated that this show would attract approximately 2,000 spectators. Mr. Breigel estimated that half of those will walk to the event, while the other half would drive. Assuming three people per vehicle, we should plan on providing scattered site parking for around 350 cars. Sites which were discussed as possible parking/viewing locations included Mendakota Park, Rogers Park, Sibley High School, St. Thomas School, Visitation School, Civic Center/City Hall, and Mendota Plaza Shopping Center. I agreed to have the City make contract with the named schools and shopping center to seek their authorization to advertise their properties as viewing/parking sites. � � '�r Meeting Notes June 14, 1995 Page 2 Parking on Mendakota Park property under the powerlines, and in the flat area immediately west of the Fire Station, will require firefighter assistance in directing traffic. This is necessary to insure that the maximum number of cars possible are accommodated on these sites. Chief Maczko will arrange to have firefighters available on these sites. ' In terms of publicity, it was agreed that the event should be primarily for those who live within the community. Thus, the event will not be advertised in the metropolitan daily newspapers. Instead, we will rely on the Southwest Review and Sun Current to publicize the event. The draft press release announcing the event will be prepared by the City and will be faxed to Mr. Johnson for his review (fax #454-9299). The press release should clearly identify the scattered sites recommended for viewing/parking, and should remind spectators that you do not need to be immediately adjacent to the launching site to view the event. The release should also note that Mendakota is private property and that spectators will not be allowed on that property except in specifically designated areas. Sgt. Wicks indicated that the Police Department currently has six officers scheduled to work on the 4th. Traffic control was seen as particularly necessary after the event at the intersections of Dodd Road and Mendakota Drive,' Dodd Road and South Plaza Drive, and Dodd Road, and the entrance to Mendota Plaza. Sgt. Wicks will notify the State Highway Patrol and the West St. Paul Dispatch Center of the planned event. Chief Maczko will contact HealthEast to insure the ready availability of a paramedic unit during the event. Mr. Breigel noted that fireworks have been known to set off burglar alarms on both cars and buildings. Chief Maczko indicated his plans to have a pumper standing by during the event at the C.C. maintenance shop, and a grass rig stationed closer to where the firework launching actually takes place. Mr. Johnson noted the need to keep spectators off of C.C. property except where specifically designated. These areas will include an area north of Mendakota Drive along the slope abutting the golf course driving range, and possibly a site located on the west side of Dodd Road just opposite the Mendota Plaza. Sgt. Wicks will contract Mr. Johnson to let him know where he may obtain yellow demarcation tape to rope off the designated areas. Mr. Johnson indicated he will have people in golf carts patrolling the perimeter of the golf course property to ensure that people do not trespass or get too close to the launching area. a � Meeting Notes June 15, 1995 Page 3 To accommodate the expected crowd, additionai portable bathrooms should be available. I indicated that the City would look into this issue with the intent to add additional bathrooms at Mendakota Park. The Northern Lighter representative who will be in charge of this shoot is Club � President Dennis Danich. Any vehicles used to transport fireworks will display the appropriate placards. One larger vehicle will be used to haul the mortars. A smaller vehicle will bring the fireworks to the site. At 9:30 p.m. a pre-shoot conference will be held near the launch site. A Fire Department representative will be present at that meeting. Once the show is over, a Northern Lighter representative and a Fire Department representative must physically inspect the site for potential hazards. � We discussed the idea of having refreshments available for sale at Mendakota Park the evening of the 4th. The Mendota Heights Ladies' Fire Auxiliary will be asked �� if they would be interested in participating as a fund-raiser for their organization. Mr. Breigel indicated he would provide the City with the appropriate insurance certificate within one week. This certificate would include the City of Mendota Heights, the Mendota Heights Fire Department, Mendakota County Cluli, and others as additional insureds. The City will investigate with its insurance carrier the adequacy of this coverage, and the need to perhaps secure additional coverage. cc: Mayor and City Council Sgt. Shorty Wicks ° Chief John Maczko Bob Johnson Paul Breigel TO: FROM: CITY OF MENDOTA HEIGHTS �� � 7une 16, 1995 Mayor, City Council and City Admini James E. Daaie Public Works D' to SUBkTECT: Petition for Public Improvements to Serve Ivy Falls South Addition DISCUSSION• At the 7une 6, 1995, meeting Council approved Mr. Keith Heaver's preliminary �� plat for Ivy Falls South. Mr. I�eaver is currently preparing his final plat and has petitioned the City to prepare a feasibility report that will address the installation of public improvements to serve the project (see attached). Also attached is a draft of the Developer's Agreement. Council will note in Item 1 of that agreement, that prior to commencement of the study, Mr. Heaver is required to submit a$2,700 escrow. This escrow will be used to fund any City costs incurred that can not be recovered by assessments. . RECOMMENDATIONS • I recommend that the City accept Mr. Heaver's petition for improvements to serve the Ivy Falls South Addition and order preparation of a feasibility report. ACTION REOUIRED: If Council desires to implement the recommendation they should pass a motion adopting Resolution No. 95-_, RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR SArTITARY SEWER, WAT�S, STORM SEWER AND STREET IlVIPROVIIVIENTS TO SERVE IVY FALLS SOUTH (IlVII'ROVIIVIENT NO. 95, PROJECT NO. 3) Council also needs to review the attached Developer's Agreement and provide staff with guidance on any desired changes. City of Mendota Heights Dakota County, Minnesota RE50LUTION NO. 95- RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF , FEASIBILITY REPORT FOR SA1�IITARY SEWER, WATTRMAINS, STORM SEWER AND STREET IlVIPROVFMENTS TO SERVE IVY FALLS SOUTH (IlVIPROVIIVIENT NO. 95, PROJECT NO. 3) WHEREAS, a petition has been filed with the City Council requesti.ng sanitary sewer, watermains, storm sewer and street improvements to serve Ivy Falls South Addition. NOW T�REFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights, Minnesota, as follows: , 1. That the above described petition be and is hereby accepted by the City Council of the City of Mendota Heights. 2. That the City Engineer be and is hereby authorized and directed to prepare a feasibility study as to whether said proposed improvements are feasible, whether said improvements should best be made as proposed or in connection with some other improvement, and as to the estimated cost of said improvement. Adopted by the City Council of the City of Mendota Heights this 20th day of June, 1995. CITY COUNCIL CITY OF MENDOTA HIIGHTS Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson City Clerk 06/14/95 13:36 FAX 6].2 45'l 894U IIi�NllU'1'A ki�1GH'1'� 140% PEZZT�ON �'(}R Il1g'�OVF.�.V�I.YTS A�N'D WAIV"G+ R QF HT��RI:t1TG FOR 5�►NIT.ARY 5EV�VER, WATERMAINS, STORM SEWER AND SZ�.tEET �'ItUV��4�lYTS We, the undars"rgnet�, being the awners af all af the real praperty abutting upan the following street, alley, or public way between the points indicated: Ivq Falls South Addition Whereby petition the City Council af M�ndota Heights, Minnesota, to undertake without a public heaxing under 3�?finnesota Statutas, Sectian 429.U31, the following unpxavements along said street, alley ar public way or with in: The construction of an extension to the City's sanitary sewer and water dishti.bution system, storm sewer system and street improvements including appurtenances and incidentals thereto, and the acq�isition of easements, and the recanstruction where necessary of streets and easements in the above described area. and to assess costs, as deterniined by the Mendoia T3eights City Councii together with any costs for service connections thereof against our pmper�r abut�ing said irnpro�vements based on bene�ts received withaut regard ta cash valuation. 4. .,��. �► / � �'" � `'i"fifir � � u - %������`" � .u- � � � , t� �..,,:� ��► � *Property awned in joint tenancy should be si,gned by eaeh owner. ' � -,_ ' i' • � • ' • : y r � i.�, . . � . . . � �uuc Ivy Falls South Addition, Sectian 24, Township 28 North, I2ange 23 West I hereby certify that I have examined the above petition and appropriate real estate records and find that sai.d petition is in proper form and is signed by all the owners af property abutting said impravements. WTI`N'PSS my hand as such Clerk and the said of said City this day of '.;, � /5 , 19 9s. �:;,.� �;P,,,�... (SP,AL) Ka een iVI. Swanson, City Clerk CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, A�IINNESOTA CONTRACT FOR SINGLE FAMII.Y DEVELOPMENr . TffiS AGREIIVIENT, made and entered into this day of , 1995 by and between the City of Mendota Heights, Dakota County, Minnesota, (hereinafter called the "City") and Heaver I�esign and Construction, Inc., 875 Mendakota Court, Mendota Heights, MN 55120 (hereinafter called the "Developer"). ' WITNESSETH: W�REAS, Developer proposes a plat for a eighteen (18)1ot single family development in Mendota. Heights to be known as Ivy Falls South, consisting of 8.7 acres located south of the south terminus of Knollwood Laae in Mendota Heights, Minnesota; and VVHI+:REAS, public services are needed by the Developer from Mendota Heights in order to proceed with said development; m NOW T�REFORE, it is hereby agreed by and between the two parties as follows: 1. Developer will petition the City for needed public improvements (Sanitary Sewer, Storm Sewer, Watermains and Streets. Developer agrees to pay $2,700.00 escrow to the City as per Ordinance No. 301. Escrow tb be used to fuad any City costs incurred that can not be recovered by assessments,. . remaining escrow will be refunded upon successful completion of the project. 2. Developer will provide at no cost to the City all needed temporary constiuction easements to install said improvements and those permanent right-of-way and utility and drainage easements, necessary for said public improvements. 3. Developer will proceed immediately to commission a registered land surveyor to place and maintain enough lot comers so that street centerlines aad all utilities can be located by City Staff. 4. Developer agrees to grade site and place minimum basement elevations according to the grading plan dated May 31, 1995 and protect the environment by establishing and keeping in place erosion controls at all times. Minimum erosion control requirements will consist of top dressing, seeding aad mulching of disturbed areas within 30 days of site work completion. The Developer agrees that he will satisfy all State requirements for a gradi.ng permit. 5. Developer acknowledges that the park contribution due to the City as per Ordinance 301, Section 6, as amended by Resolution 92-94, will be the � decii.catian of a trail. easement adjacent to the santh lot lines of Lots 10 and 12 and the construction of an eight {8) faot wicie bituminous trail. Owners of the lats abutting the trail will be responsible for establishing and maintaining a lawn adjacent to the trail, the Develaper will be responsible for notifying these homeowners of this responsibility. 6. As part of the grading operations, the Developer sha11 stockpile 1,000 cubic yards of topsoil for use by the City in boulevard and easement restaratian. 7. If and when there is an excessi�e bui2dup of mud ar dirt on elcisting City streets as a result of grading or building operatians, the Developer shall have the affected streets swept by mechanical means, at the direction of the City, shvuld tb.e Developer fail to comply with a City request, the City will arder the work done and its cost will be deducted from the Developer's escraw. &. Na occupancy of any building in said plat shall occur until street access, water and sanitary sewer irmpmvements have been installed, inspected and accepted by the City and by St. Paul Water Utility and are availabie for use. 9. The developer agrees to fund e�ension of storm sewer catch basins an ivy Lane, in a westerly direction towart�s Cherry Hills, as far as is feasible. 2Q. The develoger agre�s to a twenty four foot {24') bituminous width for Ivy Lane. 1L The developex agcees to limit the height of pmposed single family fiomes on I.ot 17', Block 1 and Lat 18, Block 1 to one (1) story homes through deed restrictivns. 12. The developer agrees � limit the haight of proposed single fa�nily home on Lat 1, Block 2 to a story and a half (1 1/2) through deed restrictions. 13. The developer agrees to fund for the extension af Ivy Lane from Ivy Falls South to Cherry F[ills Road. . 14. The develaper agrees to limit the home width in ivy Falls South to a maximum of eighty four feet (84') through deed resbrictions. 15. The develvper agrees to install landscaping, including berms and evergreen plantings, along the boundary with Cherry Hills Addition, as shown an plans da.ted 5-31-95 and submitted ta City Council. on 6-6-95. 16. The developer agrees to deed arestrict�ons that prohibit the alteration of the berms and swale elevations on those lots adjoini.ng Cherry Hills additian by any future owners, successors or assigns. 17. The provisions of this Agreement shall be binding upon and enforceable against the Developers, their successors and/or permitted assigns, of the property described . herein. Notwithstanding the foregoing, this Agreement shall not be assignable by Developers to any third party. 18. In the event that the City initiates litigation to enforce performance of Developer's obligations hereunder, the City shall be entitled to reimbursement of all costs and attorney fees incurred in connection therewith, whether incurred prior to or after entry of judgement. CITY OF MENDOTA HEIGHTS DEVELOPER: HEAVER DESIGN AND CONSTRUCTION, INC. : Charles E. Mertensotto, Mayor Its M. Thomas Lawell, City Administrator � .- ; CITY OF MENDOTA HEIGHTS � ful�i�i[�7 June 16, 1995 TO: Mayor and City Council FROM: Tom Lawell, City Administrato SUBJECT: Community Development Block Grant Agreement - Supplement #3 DISCUSSION From time to time, the Dakota County Housing and Redevelopment Authority must resubmit to the federal Department of Housing and Urban Development funding applications to receive certain federal funds, such as � Community Development Block Grant (CDBG) funds. Given the cooperative agreement we currently have in place with the HRA, any changes made in federal program requirements must also be approved by us in the form of supplemental � agreements. Attached for your consideration please find a copy of Supplement #3 to our existing cooperation agreement with the HRA, along with a letter from HRA Executive Director Mark Ulfers. Recently I spoke with Ms. Kari Gill of the HRA to learn more about the need and affect of this latest supplement. Ms. Gill indicated that the subject of the latest supplement is the HOME Investment Partnership Program, a program which provides to Dakota County around $600,000 in annual funding. These funds have typically been used by the County for three purpose: 1) Down payment assistance for first time home buyers, 2) County-wide housing rehabilitation, and 3) Public/Private partnerships in building new affordable housing within the County. Ms. Gill indicated that although HOME funds have not been expended within Mendota Heights, our continued receipt of funds through the CDBG program is linked to our approval of the attached supplement . RECOMMENDATION In order to remain a recipient of annual CDBG funds from the Department of Housing and Urban Development, it is recommended that the attached Supplement #3 to the Existing Cooperative Agreement for the Dakota County Community Development Block Grant Program be approved. ACTION REQUIRED Should Council concur with the above recommendation, a motion should be made to approve the attached Supplement #3 to the Existing Cooperative Agreement for the Dakota County Community Development Block Grant Program, and authorize the Mayor and City Clerk to execute the agreement as appropriate. 9 i OTA COUNTY May 15, 1995 H�using & Redeveloptnent Authority �iz-4i�-4soo 24)6-145th Sr. W. • Roscmuunt, MN 55068 • T.[�.D. 612-423-8182 • FAX 612-423-8180 Thomas Lawell, City Administrator City of Mendota Heights 1101 Victoria Circle Mendota Heights, NIld 55118 RE: Supplement #3 to the Existing Cooperation Agreement for the . Dakota County Community Development Block Grant Program �-- c� v�, Dear . Enclosed is Supplement #3. to the Existing Cooperation Agreement between Dakota County and Mendota Heights for participation in the � County Community Development Block Grant (CDBG) Program. This is the amendment to the Cooperation Agreement that was referenced in our April 26th letter to you regarding requalification of Dakota County for the CDBG Program for federal fiscal years 1996-1998. This Supplement is necessary in order to include the HOME Investment Partnership Program as a program covered by �the CDBG Cooperation Agreement. The HOME Program, authorized through the Department of Housing and Urban Development (HUD), was created after the beginning of Dakota County's CDBG qualification for federal fiscal years 1993-1995. Dakota County qua�ifies for an annual HOME funding by participation in a Consortium of metropolitan area counties, including Anoka, Ramsey, and Washington. Funding applications for HOME funds are submitted to HUD each ve�r along with the CDBG application in the "Consolidated Plan" prepared for these programs. In order to continue your participation in the Dakota County Entitlement CDBG Program, Supplement #3 must be approved by your governing body and executed by the chief executive officer. The agreement should then be returned to the Dakota County HRA for forwarding to the Dakota County Board of Commissioners, for its approval and execution. An executed copy will be returned to you. We must have this agreement returned to us no later than June 21, 1995 in order to meet HIID's requalification schedule. If you have any questions about this document, the CDBG Program, or the HOME Program, please call Lee Smith at 423-8113 or Kari Gill at 423- 8111. We look forward to working with all of you during the upcoming years. , "AN EQUAL OPPORTUNITY EMPLOYER" For your �information, the latest news we have received from Washington, D.C. indicates that the 1995 CDBG Program funding will not be reduced. However, there is a very good chance that the program will be changed or have its funding level reduced beginning in federal fiscal year 1996. We will keep you informed as we receive reliable information on this issue. Sincerely, • - � Mark Ulfers Executive Director �c: _ Jack Ditn�re, Dak�ta. C�•a;�ty P:�y��icaZ De�:el.��ment 1�b"l�-1� C� ��p� � �T/�' l�C ?L�G� � �1�Q ��x�:�%�G/ �`-� � vJ � G� ����� � � ��- ����� � � _. � SUPP[.EMENT #3 TO THE IXiSTING COOPERATION A6REEMENT FOR THE DAKOTA CDUNTY CtOMMUNlTY DEVELQPMEN'i BLOCK GRAN7 PR06RAM TNIS A�REEMEM', made and entered inta by and between ihe COUNTY 4F DAK�?TA, State of Mfnnesata, and the CITY OF MENDOTA HEIaMTS ,(heretnafter "County' and "Caoperating Community", respectiively) said parties ta this Agreement eaat� being govemmental untts of the State of MEnnesata, and is made pursuant to Minnesata Stabutes Sectian 471.59. � 1MTNESSETH: � WHEREAS,'Tftle !S of the Cranston—Ganzates Natlonai Affardabte Nousing Act ot 9990 (42 U.S.C.12701 et seq. as amendecl� provides for a program known as the HOME lrnestment Partnership Program; and, 111MMEREAS, Dakota Couniy, Minnesota qualifles ttnder said law as a snember of the FiOME Consortlum formed by Moka, Dakota, Ramsey, and Washington CounUes; and, WliEREAS, part 92 of Tfile 24 of the Cade ot Federai Reguta�ons sets icrth regutatloras goveming the appllcabllity and uss of tunds under Tttle II; and, WHEREAS, the goveming regulations require that unit.s af iccai govemment enter into a caoperation agreement with the Couniy far participation in the HOME Program� wh1Ch Sllall be the same cooperation agreement goveming participatton M the Community Development Block Grant Pra9ram� . NOW� THEREFORE, the parties mutuaUy agree to the fo!lawing t�ms and conc6tions. t. The faltowing terms defined in the Cooperatian Agreement ior the Dakata Ccunty Community Development Block Grant Program sha!! have the meaning contained hereln, ln addition to the meaning given in tha# agreemenx A.'The Act" meansthe H4ME tnves#ment Partnership Act, Tltte D of the Cranston—Gonzales National Affardabte Housing Act, 42 U.S.C.12701 et saq., as amended. B.'Ragula#lon�' mearys those regulatiorrs taand af 24 CFR Part 82, as amended. 11. The defini�ans confained in the Act and in the Reg�atians are incarporated herein by reference and are made a part hereof. I�I. The purpose of this agreemeM is to authorize the Cauntyto cooperffie with the Gooperating Cammunity ta undertatce, or to assist in underiaking, the acBvities as autizorized in the Aci and !n the Regulations. 1V. By euecuting this agreement, the Coaperating Community understands thad ft: ' A. May rtat appIy far grants fram appropria#Jans unrier the Smaii Cities or State Community Dsvelopment 8tock Grant Programs tor flsca! years dudng the pedod !n which ft paritcipates In the Caunty's Community Development Black Grant Program; and, B. May participate in et HC3ME Program anty through the County, and cannat form a HOME Cansa�ttu�n far partCdpatian in the Program e�ccept through the County, during the pertad tn which k partfcipates In the County's Community Development Block Qrant Pragram. i'he partles have caused this Agresment ta be duiy executed. APPROVED AS TO FORM AND DCECUTtON: Assistant CountyAttomey t?ate: COUNTV OF DAK07A, STATE OF MINNESOTA By: its; Couniy Board Chairperson Date• ClTY OF MENDOTA kiEIGHTS By, � . lts: Date: LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL '� Juae 20, 1995 Asphalt Contractor License ' Blacktop Driveway Arden Griepp & Sons Blacktopping, Inc. Masonry Contractor License Graf Concrete & Masonry, Inc. 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P�0 Tata]s ?emp Check Nurnber , 5 � • ��� Temp Check Number 6 �.'�! 6 Ba«er F�ui2t Qti-4330-490-50 rtn 49.93cr �� 6 Hauer Bui1t 01-4330-490-70 rtn ., � 49.93cr � .. r "� ' �,.. `r �:e',�q� i{N, ,. T''7�=v--";r.•..�<.::.=.a'� .x-.: c.. .R,:,k. :.zi - fi�F,•,....�..-�•�i•,�•--k :>:+;: �[� a;" :.�;-' . .. , . ' 'v : 4 . . i :C�: . .. r'ti�..,-':���`+ . ^P; '."y -.ts. . :'.2>'i �.n:^ . . . . . . o , . . . ':.^ �:. . 2. : v^.�. �i. . :'r � • t•,.K..,}' � . ..in,:r:[ .�. . . .. . . . . : �3.•;...; . ti� . $+..w.' . . .�. .� . .. . _ . aJ`' � . , .. . . .,,• .. . . , . , ._ ::f. ..,. . ,a -. «. .�. � _...:;�"';', . :�: . . �. ��R : .. . i. . . .� . . . . .. • .., � , " i6 Jun � Caainrs List F�age � � Fri ln� rhf City af Menciata Hei�,._a Ternp CMeck Uurnirer 6 � Temp. • . Ct►ec k � Number Vendc+r Name Accour�t Code Carnrner�ts Arnount `• Es Hauer Buiit �fi-4330-490-70 parts 53.75 6 Bauer Pui:t i5-4330-4�Q�-6Q� p�rts 62.00 � 6 l�auer Bui:,a.: 01-4330-440-20 parts 61.13 s�{ 6 Bauer Rui,t 95-4330-490-60 parts � ' �08.1� -- ---_.._ � 3E1 CaJ. i �F , Totals Ternp Ght�ek :vutnher 6 � Temp Check Number 7 - "7 Biffs Inc ' �S1-42�,0-610-70 �un rent 850.68 � . 7 850. 68 {.'� Totals Ternn Check �iurnber 7 • 'femp Check Nnmoer 8 . , � 8 Bi12s Gun �hap � Q�1-4305-0�0-20 splys 33.50 ,s3. 50 � 8 ' Totals Ternp C;reck lvurnber 8 Terr�p Check AEuraber 9 • � • � 9 Balanri Bras �i-433S-31S-30 may rnten 244.35 Q 9 244. 95 Total.s Temp Check Nurnber 9 �-� Temp Ch�tck Nurnber f@ , . 20 Burnsville Lumber �S��.SQ�S�IO.�I.�IJ ' = 1��.?9 ��} �, 10 - 1�9.79 � Tvtais Temp Ct�eck N�mber 10 ��`L�� Temp Check Numner 11 I�f� ' • . ; � l � 31 Ca�r3sa�� 03-4��Z+0-630-50 • ' � 277.97 i 3 � 277. 97 �} Totals Tesnp Check Nurnbei^ F1 ` �� Temp Check Number 12 � � • 12 Cerouest Q�1-4330-4'30-50 30. �I ,f2 Carque5t 01-4330-490-50 �, � 34.38 �•� ic� Carc}uss� 02-4330-490-50 .�5 ' 78.88 ;�: 12 Carquest 01-4330-490--5a �,„,� .,� �� �� �68^20 � .� f 48 ` �„� � t� • 2ic�, b? , •j Totals Ternp Check fvurnber ,1� � - �; r .J I _ _ _ ----' :—_. 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Temp Check Number 18 ' {':� 18 Electra Watchman 15-4330-490-80 Cnd qtr 335.49 1& Electra Watchrnan 08-4a35-000-�D0 �nd qtr i59,75 �...% �6 493. �4 • Totals Ternn Check Nurnber 18 t.j Temp Check hiurnber 19 , � 29 Ferrc Z 2 g�s 03 -442�-iLt5t1�-,�.�ffi sp i ys f 29. 72 ' � . M1• . ._;} r �. w�� '.L� sl+.,Y•. - • -.Y, . . . :(.,+, �',:"'.' . .. . ,n,'� ,f?�• . � -• •- � ::��""�. . -. ..�.. .>;w-..'�. ,w� :i�.,.. �,;�: r. .r�>ed:�r.'. *`y'::. �rc=. "'.+"'?,"- :k$' . _ . '..p.�a.,;�f.:.,a.r , . :�:�' !i: .!'. .nn. .:a�i '•.'.:^.�;�. Yy`:I 22- �'„ � . . . ,. � � . ... _._r. - . . ... ...:. .. . . . . .... . :'� t. .. .... ... . . . ' . . , . ' . � . . .. . s. ; i6 Su�'t i �ri 1:�. PM Te�np Check Nurnber f3 Ternp. Check Ivumber Vendor Name 1� rerr^ellgas 38 Claicns �ist City of f�er�dc�ta Hei�..,.s Account Cade 01-442�-050-�0 Comments spiys i-�age 4 Arnount �7. 6A i57.36 � r � Totals Temp Check ivurnber i9 � Temp Check humber 2@ � 2t� FisFser F�hota �Z+f-4305-��0-c�c splys 58.30 ' 20 58. 36 ^, 7'otals 'E'ecnp Ch�ek Number 2�B Temp Check Nurnber ^ci "4 21 GMAC c/o Car City 01-4620-@7@-7@ �5 chassis cab 20,587.35 .., �� - ------- - n �ra, �a7. a� Total� Ternp Check Nurnber • 2i , , r ' _ � ..1 • Temp Cherk Nurnber 2� f:� 2� Great t�lestern Recyc2ir�g tBi-4305-082<-�0 sp2ys 29.53 �'� 2� 29. 53 ,�••+ Totais iernp ChecFc Nc�mber 22 , t",�,? Ternp Gheck Number 23 ."'r 23 Gaph�r State One Cal l 15-4�10-06r�-60 may svc �+�. c� �� ^c3 4Qi. �5 . .... 7ataia Ternp Check Number 23 - � Temp Check fVumber 24 � �4 E�r�ice H�raiitart 01-4337-050-5@ rpr�5 45.5Q� � �4 k5.50 ' Toi:a2s Tersp Chaek Number �4 " - . • • •� Temp Check Nurnber �5 �� 25 Hdwe Hank 01-4305-050-50 � splys 20.14 25 Ficiwe FiaMic 01-430S-Q�50-50 sp3ys i0.30 � �5 Hdwe Hat'�k 01-43@5-0.�.,0-50 sp2ys 3. $i ' 25 Hdwe Hank 01-4305-@70-'70 splys 10.36 ;.�} ,25 Fldwe F#ank 0f-43@5-070-70 .. disc ID.97cr ... 25 Hdwe Hank I5-433Q1-49@-6@ splys , 3�•$� ,;a,�; 25 Hdwe Hank 15-4330--490-60 disc . �3yi8cr � i75 - 74. z6 , Tnt�is Temp Check 1Vumber G5 (:: ) � �.: y,N,.. i :,3 .! r . .��fA:. :[•:' . .r�:'�? � :: :�\`�?e. ::�4:�J' "�' :. ..yS^r : . '�� LFi` .. . . .:'t••.. 'C;: t?'rt%•e}.gh. r+15:r.$%:+ .t,. '.f:.. . .. . . ����,`Y:":.ti ,..�';•!•:,:,' . .}._.+ .n� .1c..,4.;;.. ... .. .. . . . . . .� ... 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Gheek iJumkaer Vendor Name 26 Hughes & Cvstelia 26 7atals 7ema C:�eck Number Tenip Check NumGer z7 27 Haffers Inc 27 Totals iemp Gheck Nucnber Temp Check N�unber 28 2$ i 0 S 28 I 0 S 28I 0�'a ' 28I05 �8I O� 28 i D 5 28 I D �a �azas Z8 I D 5 28 I 0 6 28 I D S �28I OS 33£s Totals Temp Cneck {vurnf�er Temp Check Number 29 mpe xa evelapars 29 ' 'i'otals i'emp Check Numbe�^ Temp Check Number 30 30 3"R'S Appliance 3Q+ C2aims List Gity af Miendota HE16ift5 Account Cade @1-422"'c-12Q+-$Q+ 26 0i-4305-07Q�-70 �7 01-4330-490-10 01-4330-460-30 0I-433td-445-4ID 01-4330-490-5@ 0 i -4330-49@-70 05-43a0-49Gs-25 i 5-4330-490-f 0 0i --4,s60-080-8� tdi-449Q-209-Q19 01-4330-490-10 05-4330-49m-15 15-4330-490-60 �8 i6-446fl-842-@0 23 01-449@-@50-50 ` Cornment s snay svc r^dge 5 Am�cirrt s, P��3. 4l 3, Qt�3. 461 solys 410.03 410.@s �une rn�ten 120.45 � un rnt cn 22. 90 �ur� mtcr� 2�.90 ,�un mten 22.90 �un mtcn � �2.9� �un mten '?0,45 IUn rntn+�. >c^,95 , t�. 95 � 3. 2 I , ;- i.20 i . c'�Q� � 1.22 i, i3 � � � � V � � • " . 65 " �65 s s `�� ��,Q�, �Q�O ��� � " ' 4 f'l ' � '-- Il ..k:/t/` `�/�� �� � 0@ � . 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' , ; Check ,. � Number Vendar Name Aceount Code Comments Amour�t � Krwx Camrnercial CresSit @1-4,�@5-070-70 splys 32i.65 � 32 Knox Comrnercial Crecit 0I-4305-050-�0 splys 6.7i 32 Kr;ax Gornmercial Credit ¢tl-43t�5-070-7Qt splys a9.3$ � g6 � 367.74 Tata3s Ternp C;�eck iVum�er ,�'�' � � Temp Check tUutnSer s3 ' 3�3 Rabert Karan i5-4330-4�0-60 ls rors 4C7�50 � 33 � � 427. 50 � Tota2s Temp Check Nurnber 33 • � Ternp Gheck Uumber 34 34 Thamas Krfuth 88-4425--7ID4-0@ exp rezmb :��, 4g , f�� 34 Thomas Knuth 27-44i5-716-00 exp reimb _ 49.0i� 34 Ttsam�s Kn�ith �9-4415-834-00 • exp reirnb � 14.5@ �� '• 34 Tk�asnas Knuth i6-4415-642-@¢� exp reirnb 22. �2 s4 Thomas Knuth 27-4415-72Q�-00 exp reirnb 47.85 � 17@ 166,46 Q 'i'otals Temp G'�eck fVurober 34 �'' 7emp Check Number 35 � � 35 Krechs Husiness Systems 0i-433@-49Q�-30 upgrade 170.00 �� 35 • 17@.00 . � 'Cntals Temp Check IVurnber 35 ;� 1 Semp Gheck tVnrnber 36 . � � 36 Lagerquist Corp 08-4335-@00-00 �un svc 94.68 � 36 Lagerquist Co�^p 08-4.ss5-@0Q-0fl rpr^s 140. tT0 7� 234. 68 � Tatals Temp Check Nicrober 36 ' 'Fernp Check Number a7 . � • a7 Lake7�nd Fc,rd 01-4330-490-50 parts �0.69 �� �7 ^cC4» 69 ' Tutals Temp Cr�eck Nurnber 37 �"} Temp Check Number 38 , .t�i,R„� ' • � 38 Leitner Ca L�9-4462�-QtdQ�-�+� re ke»s p�rk 782.80 38 78�. 80 ' " Totals Temp Check N�raber 38 . {� ..% �. � T. ; \,� l .1 �,�• ;.i'S '•r'i 3r�. ;:�1Y:::`a ,r"t. •ti.�:"Qr.•• ^d�'Ly;:'v����i:�:Y•-:.• � .. .. .. •ti'.�..',��'';';';'-^:�9cT?,^,7.'..f"K.,.-vM1*r�- . 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Check Number Vendar Name ' S2 Totals Temp Check Number � T�mp Check tVumber 83 53 Uc+rtt�ern • 53 Nartherr� 53 IUorthern • . i 59 iatals Temp Check i�urnber '�} Temp Check iVutnber 54 54 Northern St�te Rower ��'.y 54 4Vorthern 5tate Pawer " 54 Northern State rower 54 North�:rn State pawer �••, 54 Northern St�te Pc�wer " • 54 Nartherr� State Power 54 IVorthern State F'crwer � 54 Narthern State pawer 54 Northern 8tate fiower 54 Nartherrr 5tate Pawer -�� 54 Northern State Pawer .. S4 iVorthern 8t�ie Pawer 648 . 'iot�ls Ternp Gheck Nurnber ' Fernp Check hurnber 55 55 htorthern St�te Rower � 55 IVarthern State r�awer 55 Northern'State Power 55 Northern 5tate F'awer 220 Tota] s Ternc� Check �iumber ' Temp Check humDer 55 . 56 Oxygen Service Ccr 56 Oxygen Service Co Sb pxygen Service Ca ' S6 Oxygen Service Co 2�C4 .,�F Tat�15 'Ternp Check Nurnber Temp Check humber 57 Ciairos List City of hiendat� Hei_ Account Code S�' 01-43k15-Q�70-70 tb f -433Q�-490-5tB 01-4305-070-7c� 53 01-42 i 2-315--30 01-4218v 1 Ql-5� 01-421�-s10-7Q+ 15-42iW�^,-310^60 Qt i -42 i �-320-74� 0$-4212-000-00 01-4211-3f5-30 @1-4211-3i0-50 0i-1►2ii-3i@-70 i5-4211-3f0-60 c^8-4Gli-Q�0@-@Q 01-42f f-3�G0-50 Jtt 03-4211-420-5�1 @6-4211-0E0-P,0 01-42I2-3EQ+-7@ 1S-4211-400-60 5S Qf i -434�.'�.i-&13Q�-3�t Ql1-4305-020-�@ Q�8-43a ;-L�00-00 @ 1-430�-03RY--30 JEy Cc�mrnent � rt ri ¢erts parts jUl"1 SVC ,�urr svc � ur� svc �un svc �un svc � ur� svc � ur� svc ,} un svc � ur� svc �un svc � urE svc �un svc �un svc �un svc ,� ur, svc �un svc axy axy a�t thru Sl�i act thru 5/31 � r'age � Arna�rr�t 62. 4� 8. 58cr- 53. 8'3 146. 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' Gheck � Niunber Venc�ar tiame �ccount Cade Gammerits Arnount `• g� 45�t. 18 � Tat�ls i ecnp Check Nusaber 57 . � i'emp Chee4c Aturnber 58 � , 58 Peat Mar•wi.ck hiain & Co 0i-4220-130-1� audit 1, 4i2, SQ� � 58 Peat Narwick Nain & Cc� Qs5-4c^�¢+-f.s0-15 audit 2k2.5�1 � 58 F�eat M�rwick Yain &-Ca i5-4^c2Q1-130-60 audit Gf.�,. 0� _ 58 Peat l�arwic€c hiain & Co 21-42c0--130-00 �udit 95.00 � 58 Peat M�rwick Main & Go iP3-4?20-13tA-00 audit i�7.50 SB Peat Marwick �iain � Co 03-4220-130-fd0 audit 317•�@ 58 �'eat �i�rwick r��in & Go 29-428Q�-ia+�-00 auciit 9a• �t0 ("� 406 �, �m�'. �'m , Tot�is Temp Check itiutnber 58 , � {"� Temp Cheak Numaer 59 � ' '• 59 Redersan Sells Eq 01-4330-490-70 parts 310.89 "` �"� 59 i 10. 89 � TotaYs Temp Check IVurnber 59 .ti 7ern{a Cheek hium5er ' 6a (-"� 5dt Ra2fus Impi 01-4s3tL-49Q-7�i par�s 137.7�C 60 r^aifus Irnoi 01-4305-050-5�D parts i7. &8 � �g� IS5.6�t . Tatalz Temo Check Number 60 {„j 7erop Eheck �iumber 51 � �f P S I Corrcrete 08-4480-00�f-0Q� rprs garage fio�r 2,885.00 � 61 c^, 885. Qi@ � ` Tc+ta2s Temp Check Murober &2 Temp Cheak Nurnber 62 � � a 6�C Public �mpl Ret Assn 0i--2074 ,�ul prern 64.Q0 • b8 r�ub2ic Emp2 Ret A�sn 01-413i-110-10 �ul prern �.0a �,,� � 62 Fubiic Ernpl Ret ASsn @i-413i-02@-�CG3 ' 3u2 prem 22.00 • 186 10.:�. Q0 A�tals Temp Checit l�Eurnber 6� �'} � Temp Check iVurnber 63 � � . �'� 63 Brad Ragan Inc 01-4330-490-50 rpra • 19.01 �+ ' l.. � '�?.?x. : x 'r.•y t': "%� ♦ .snr. <.ti5r.:4c: 4r.. .`.r.' _ T,w"';�'L i '. F�.r't. ,w�, !df.i ' r ,:�t . :4!.:t ' � . . . . .. . . . .. �. • .. • ' ' "^'^Z"'...'^ . t. -t'�' : ;tZ�.h. ..i.'`'�:'-t•':"... c�... � . . . -..�,°.. . . .. ..i:, �`�1�^. . .ik � . . . .. � f' .tf^ " .X , 'j.t . �"4•f .. . 1:. . '�t: .'�*'r' . . .:a. .J 'z" . •.Y . .. ::ti' . . 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Gheck Number Veridar Narne 63 Br�d Racan Ir,c 63 Pr�d Raaan inc 63 &s^ad Ragan Fr�c � --- ' G5� Tot�is Sernn Gheck Nurnber T�mp Check Tvumt�er Es4 64 Reli��le 64 Tcatals Temp Check tiumber Ternp Check NurnSer 65 65 Ruffridge 3ohnsan Eq Co 65 • Fotals Temp Gheek IVurnber - Temp Check lVumber 60 66 St Jc+�ept� Eq 66 Toials Ternp Check Nurnber Temp Check Nurnoer 67 57 She1s Auta Electric 67 Ciairns LiSt City of �ier�dc+ta Heia, _ Accour�t Cade 01-433+d-490-i0 0i-433a-490-70 02-433Q+-490-70 b3 0 i -432�0-@cG!-2Q 6G 0f -433Q-49�D-5Q� 65 01-4330-49@-50 66 @#-4330-490-7Q Camments rcar�s rprs tires saly� parts part5 rprs 5Q�4 Gage il Arnc+�mt 19. f�c i '77. 6¢� i89,48 2k5, i.0 64. 66 64. 66 62. 63 6�C. 63 � Tc,tals Temp Check Number 67 �j Terop Check Number 68 (J� "" � �1 v"' � � ' r ., 68 5hieley Ca Q�1-ii45 rec rock meru r,} � ' ��l I ` i 58 . � . •- Toials Ternp Check N�cnber b8 �� � I Ternp Check Nurnber 69 . �f" • �„.- � .., (�9 �m.i.�ia._& esson QtI-4��Z+�-610-20 I � � I . t}�t`iy Y`et'rt � � ' .65 0 �n. � ` ...� I �... i Tcrtals iemp Check l�urnber 6`3 ►} Q� (� 1 +i: � G�� �\� � 3emp Gheck lilurnber 70 ' � ����14� I � .,../i U� � '70 �Snyder Drug 5tores 01-4305-@s0-30 soiys ! \�„ , •' � �,.i `` � r �_ -- - ---- - - . �:,: � . -- . . - . 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Temp Cherk Numbar 74 � 74 Twir� City Saw 5vc 01-4330-4941--50 rors 68.41 t ��+ 68. 41 � Totals Temp Check Number 74 � Ternp Check Numoer 75 75 Tracy irigp Fuels Q�1-i2�r� fiue.? 4,�:4..^a9 �..1 75 • • 4� 214. 39 : � Tetals Ternp Check hlumber 75 ` Ternp Check Nurnber 76 76 llnifor^ms U»liraited 01-44IQt-2+2tD-C� splys ��6.$8 .76 5@6. 88 ... � Tatals iemp Chec}c Number 76 {� Temp Check Number 77 � " � . 77 U S We�i Ce12ul�r 01-4210-020-20 rnay svc i05.56 , � j �....1 ;:+ -.�., at �e',. :iF`u �:r �'�e-:3:^c::k= - . .;wiu�i.•.. sr..: . . =_`."t. �:<;ti �:%:,{ : ,:�:;ma� r:. {:, i,-"""::".;wa'-.':?,',."'y.'+'�",'�',e.""'..—; ....lc�;.:y^N,.>.:^""�.,..,.,r--'�--s*�r_,,,.,., ,.,,"'�^`�^�'"^a .�,�..,_c-�-^r^:;,.-:.-._^t--•,'..,^^^.. . .. . . .. ,'";:,:'..;� .t.;-•�•�:::iE:r�",�.t:.it,.. �s;;z n-�;.� .,.�., t , - �;+..,',.�.Y�..,,,. .. � . .'•>ti::y. � . �; . � . . . ' . . � ` ' � i::6Y��.'.i.,.^�i. :f;.. . _ .. " . fGt•r-,S' ' '.�;'- . . . . . . � i6 Jun Fri 1:;, r1 ; :j Temp Check tVurnber - 77 Temp. ', �'} Check Number Vendor Name �. 77 L! S LJest Cel:ular 154 � Tat�Is Teenp Check Number T�rnp Check Numk�er 78 � 78 Valley Paving �"t 78 " 7otals Ternp Check Number Ternp Gheck Nurnber 79 7� Darance Wicks ��� 79 iotal� Temp Check Nurnber " • Ternp Check Nutnber 8Q� _.� 80 Zee Medical Svc 80 -1 7otals Temp Check l�umber .'; Temp Check Nurnber 81 81 Zieg2er Ir�c• 81 ' l'atals Temp Check Number � Temp Check Number 82 82 Ch�rles Zwir�ger � 82 Charie� Zwinger fb4 ?Gtal� Temp Check Nurober � 7038 6rarrd 'i'otal .� Claims Li.st City af Mendc�ba Heig, � Acecunt Cod� 01-4'ici�tk-f i0-10 77 27-446Qt-710-IZ�Q� 78 01-4410-Q�2Q�-�0 79 �18-4338-Q+0�1-Q�k� 8@ . . t�i-4s3Qt-49�-5�ct 82 15-4330-490-60 P11-4337-@50-u0 82 Ccrtnment s may svc pyrn�G 1 friend3y hills exp reitnb salys parts 3�,�.r rpr� water main rpr� P�ge i3 Amaunt 7. Q+5 2 i2. 6a 152, ?2�C. 43 f 5�i 7�Q+. 43 1�.�,..�� i33.�0 28.48 28. 48 i44. 78 Sk4.76 6k5. Q�0 �85.00 930.Q0 ' 337, ��D3. 40 . • . ; � t.... � -sr. t:�:: . : . n : ..*.m:.�---"c�`•c.: �a.o:: —^.^.^!; �'+i�' t�`s^. w - - , �:C'• . . .Y,� '�i.�.�,.�. _. w . . .. ��x � .5 . �' :�'i2'� 1. . _ . "4 . . � . . . .�. G�"ti'„>, : ^,T . Y*: . - . . . .n. . . n . 7' :n: , - . . . ` �A . .�'n . - . . . . .. .. . . . . . . .'{'t::r-. ;`..�r'�.• : t, r . , �. . ., ., � . . .. . _ .:I. . . . . .13. . . . . . . . . , • ' ��• 4 ti .. � .. . .. . . . . . .. . . . . � MANUAL CHECKS 15Z94 12Q.35 Guy Kullander exg reimb 15300 2Q0.(}0 Mario Reyes ' " 15302 i,320:07 FERA ' No3iday payroti 15303 32U:75 Commissianer Revenue " 15304 835.�97 Dakota 6ank " 15305 5,268.72 PQ�frail aJc 15306 140.p0 Richard Erickson park celebration 15308 215.Qd Marcie Oltman naturla wonders orogram 15308 4,525,55 State Capitot G ll 6!4 payroiZ 15309 486.00 Mendota Heights Par 3 wqmen's golf 15320 13.$4 PERA 6j9 payroll 15311 10,032.21 " " 15312 195.00 Minn State Retirement " 15313 225.00 Great West L& A " 15314 1,047,62 ICMA " . 153i5 985.00 Minn Mutual " 15316 266.409 IIakota Caunty ' " 15317 555•.00 Dakata Bank " 15318 4,263.06 Commissioner Revenue " 15319 18,237.15 Dakota Bank � " ' 15320 52,680.93 Payr.oll a/c " � ;j 102,922.62 . ��. �� G.T. 439,532.02 � � � . . � �i ..� C.j � � .,� � ' ��:� • � ' �,� .:� . . . " r �; • �:.� 7 . � . �7 . � f.,� . ' , � C;. .,: � .nt„e....-.r.-..—..-+�-rv+++--. ...,., .��, , � . ,."y^' . . � • .i.'b: t:>i. . . ..r, . { ;� ; i.3, ^. . .'^='.+"^�'�-'i"'...—._.--•':`: . . . ; - . . • , .. . . �. • . .f � . . . . 'i'. :);: :K . . ` , . , , . , . ' � . . 4 X �' / CITY OF MENDOTA HEIGHTS MEMO June 1 f, 1995 TO: Mayor and City Council � FROM: Tam Lawell, City Adminis SUBJECT: Discuss Proposed City Acquisitian af the Burow Farm Property DISCUSSlON Over the course of the past two years, the City Council has from time to time considered the request of Mr, Ron Smith to have �the City acquire the Burow Farm property tocated atang Victoria Raad. Due to overriding budget priorities, funds for the acquisition of #he farm were not approved as part of the City's 1995 budget. As we begin fihe budget preparation process for the 1996 budget, Mr. Smith has made a request to have this matter considered again by the City Council. Mr. Smith has asked for a few minutes on the Counci('s June ZOth agenda to update us on the proposal, and to €armalty �request that the City inc[ude in its 9 996 budget funds to acquire the farm property. In additian to the funding matters associated with this praposal, you may recall other issues which has been discussed in the past relative to the project such as the use, maintenance and public access to the praperty, bo#h during and after the contemplated life estate of Mr. Tom Burow. The details of these prior discussions were ultimately embodied in three separate draft documents, copies of which are attached. These dacuments include: 1 j a Conservation Easement and Declaratian of Restrictive Covenants, and 2) Articles of Incorporation of the Friends af the Buraws Farm, and 3j an Operating Agreement between the City and the proposed Friends of #he Burows Farm non-profit organization. ACTION REQUIRED Meet with Mr. Ron Smith to discuss the proposed acquisifiion of the Burow Farm property, and offer comments and suggestians regarding the inciusian of this expenditure request in the preliminary 1996 budget. Should Council have additianal comments or concerns about the use and maintenance of the property under the terms of #he attached draft agreements, these issues should be raised and discussed as we(L � •�-�•;�v�. �kRJM/RpS/RDB/22?--6303 �' O 1 � , ��sea .�j�omc o� ' ���,�� ���`�..�'r.�°�� ����� ,%�.t:�w.. /d'f,o/,f',P'.� 6301 ,�.�.��''.�.� �'�.�e .r�.� sJ3 �r3.�.. �tc�. �.�.t .,�%.rrwt ,�`s�rl, .�f�.ci�rw.rcr�:`c .�"�"!01 , D8X 24t}0 TELECCPxER 2R1riNSM3TTAL SHEET NLti�B�it: ( 512 j 227-63Q3 � DATE: 1 2 • 2"� �,�_.�...r.._..._.__ ' � fia: � �nR xo.: RE: DOCUMBN`Y' iDENTIFZER: MESSAGE: � � � 1i . "T�. �t wu�e�/ Ti Zf you dc not receive ail of the pages, pSeass contact Sandy at 22?-b3�1. � 0 � J 3 a. 9 3 1 1: 3 4 AM � R� M y.1;/16i9S 16: i8 ��\ 6!2 �57 89�U ::�� p�y ��;�?�.�,''� 2?--g � O 3 r� O 2 . c �♦ N(lti - 9 1993 CQNSE�tVATIU�+�I' EAS�MENT AND ���� DECLAR'�ATIOhT C3F RES3'RtCTFVE COti'ENANTS T7�S AGI�E112�NT {"Agteement'j ma�de and �ncezed into this ____�_�, day of .i�i�vember, 1933, by and betwcea FRIENDS QF THE BUROW FARM, s I�rii�nesata nonprofit corporadon (°Grantor") and the C1TY flF I�ENDOTAr. HE[�� {the "City"), a statutary city of tb.e Sffite of Minnesota. WITNESS�Tl3: 'WHEREAS, CrranMr is the owner af ihat certain r�at ptogerry Zocetecl at i875 Sout�. Victaria Avenue iu che City, coasisrit�g of agproximately 9 acres af property upon which are located a I�ouse. barn, outbuiidings, and a pvnd, at� in Dakot� County� Min.nesota, legslly described as set fartli oa �,g,.. 'b�,.' $ at#acheci hereta and hereby made au integra� parc hereof {#he "Praperty"); and ' W�i�REAS, Grautar desires ifl grant to the City a naa-exclusive appur�nant easemeut over the Propeny �a assure the caminucd �nainter�ance vf such taads as opon space and as a historical- � landmark ' � a�d 'G�r'H�REAS, Grautor desires ta rescricc the Progerty from further development. NOt��V, TH'EREFt}R►E, in cans ideration of #Iis foregaing premises, sad the �mutual promises and covenanu canta.ined herein, the reccipt and suff'sciency of which are here6y ackaawleciged, tb.e pazties hereto her�y agrce as foliows: i, �ec��ratfor� af E�sernEent, Grantar heceby gtants and conveys unto the City a uon- exci�sive agpurt�nant eas�ment {d�e 'Easemcnt`� ovtr the Propetty as foilows; a. The Property sba�l at ai! times hereat'ter be maintained in its naturat, scenic and OpBJl SG3t6. �1 b. No partion of the Praper:y s�all be used far any purpose other than as a historical - Iandmaxk, working fazm� and op�n 9pace. �. No scc�ct�xe (w�ctber p�rmaneat or temporary}, fence, �ign, rQad or other av�fsce i�nprovements �ot�er #han existing structures or #hase agproved by the Cicy in its sole discretion� shall be made to o�r withia tit� P�ogeriy. d. N'o dnmping, placing af sai�, trash, waste ar other substa.nce ar mat�rial sha11 be atinwed to occur an or v�ithin the Prt��rty. e, I�To graciing, excavation, or ot�er topvgrapnic ali�ratian shaIl be made to the Prvperty, uniess autharized in writing by ths Cit�r. .I:: i8� 93 16:19 I��l Gt�' 1:;'_ SliJU �M��` p•�/vR.DB,�2 2 7--6 3 O 3 p 03 2, i'�'a� D�v_ ion o,� Pro�g�_v, No portioa of the PropGrty shall hereafter be divided� or Sttbc3ivit��d Or ieplBTted withOctL thG wTitt�ri C011Sent Of the C3ty. 3. L�ta Iti� t of Entrv. Nothing sn this Ag�cem�ctt shaii �be construed ot i�terpreted a� creating �n �he City or members af the general pubtie asiy right of entry, access, thoroughfare, ar use with respact ta ti� Pr�perty, except as sucb tiglsts may be granted by Grantor ia th� course of its charitab2e, public and educatianai pe�rposes. 4. Ttit�ht of A�ainfeIIanr�aud Re��ir. i�l'othiag herein sha11 be consirued ta prah�bit the oagain� maiat�aance at' #h� Property in order to preserve such prop�rtp �.����: provided, hawever, �at such maintenance is canslstent with the r�,strictious set forth in paragraph I her�af, and dc�es nat expa.n�i the scope of pr�sent developmeat of th� Property. 5. Fn�orce�aent t �t�m�di�s. s�. �enef.�gd Par#`�. The easemcs�c�, coveiian.ts and restrictivas set forfh herefn shall be enf"orrrcaable by tha City, its he�rs, sucsessars and assigns. No other person vr eniit�► shatl bave any rights to enforc� any of thc rights or restrictions set forth hereia. nor shall any person or �ntity other t'�an the Gify have sny iaterest in the easements and~� restrictioas hereby crea.ted and declaze�. b. 5ub�titnted Perfaz�tance. in the event that any term, provision, requirement, co�r�nanc, vr undertaki.�g rcquired af Grantar her�it3 s�;all nat be comglied with, carried . ou�T �ttended to� or met irt a tiinely mann�r (hereinafter, "Bre�ch"); tbe City sha11 give �,,,;�(,4�} Grantor #�m-.�.days wtitten no�ee to cure sucl� Brea,ch �"Cure Periodp�. If. a�d ia the event that, Grantar fails �o cure such Breach withia such Cnre Period, the City is hereby granted th� right to enter �pon t�e Propercy and ta do stl oth� tl�ings necessary, iu its sotc discr�tian, to cur� such Breach, an� ta recei�ve reim�ursement for ali co�cs and expenses incurred by City ia canne�tio� with such cure. Nat3�ing horein sha1l bc . co�stxued to create any obligatioa an the pazt of tho +City ta cure any Br�ach, and the City sha11 nat be liable to any pazry for any faiiurG to acc. Graator hereby waives aad relesses the City from and sgainst any aQd a3i ciaim� ar causes of actian Grantor may have (or w�ich may acise) against the Ciry; its a�ents, succ�ssors and �ssign�� azis�ng out . vf any conduct by the Cicy pursuaat to this section, 6. Conside�r tian. The Eas�mertt and ai! ottter rig�ts granted �nd conveyed to the City � hercunder are given in consideratiarn af the Cit�'s pariicipation and assistan�ce i� the acquisition � and �reservatian of sbe Praperty bp the Grantor. 7. '�i'arr��,ti�essl��ares�n atiox and �uve�a ts of Gxaa�or. Graator l�ereby warrants, r�present and covenanc r.hat, ss of ttt� date hereo€, Grantar is the owner in fee simple of #h� Praperty. -2- I�1%,.�• 93 • 8: 24 1F��i•iil 4;A 58.IQ R SN!/i2 �1 SGiR D$,/2 2?----6 3 O 3 � t � ? '� I: � v a.. ,.., p 04 .� 8. part�es �. Iater st. Term. 'ihe terms, coctditioz��, covenants and easements herein touch and cos�cern the Property, s�all nut wic� thc Praperry� aad s�aii be binding upoa aIl parties hereto and aIl assigns, successars and persons ctaimi�g uader ch�m in perpetuity, The provisions of this Agreement s�at1. cttnstict�te �estciciive covenants run�ing with, aad binding upc�n= the Property. _ 9. �m�ndm�nt�M,�C�f�tfO�kaT Wa�Yer. Na amendment, modifuatian or waiver of aay provision of fhis Agreem�at shaU be vatid ar af aay effect whacsoevtr ualess made in writi�ng, sigaed by the parties w be b�u�d thereby, specifyi�g witb pazticularity the natxue aad e�ci�nt of such ameadment. madi�+cadan or waiver, aad rtcorded in the Cffiic� Qf t�se Aakota Couaty R�corder. Any waiver by aay party of aay defauit o�' anotbar pazry hereunder shall not affect ar uupair any right arisin.g from any snbsequent default. 10. -�'�,n..�#��erforma��e. The pazties hereta acknowledge and agrc� th$t, #n the event of the brea,ch af any provision hereaf, mon�tacy re{ief �s az� inad�quau rem�dy. Accordiagly, this Agrecment shall b� speG�cally enforceabte by the �ity or by aay owner of the Property� or any porcion thereaf in a cat�rt af competeat ,�urisdiction, whic�i relief may be accompanied by reimbursement far costs, including reasonabie actc�rneys' fees. � I1. ,��,�g�. Headings and tities used in this Agreement are far corivenience of refcrence a�Iy aad do ncrt defuie, limit or iatcrpret �l�.e terms hereof. I2. Gov�arnin� �aw. This Agreement :sbatt be governed by th.e isws of thc �tatc of Mi,unesota. � 13. �� t�. This AgreGmenc cantains the enfire agreement of the partios hercto with rospect ta its subject mat�r and supersedes alI pr�or discussions, negotiaclons and agreements. 14. S�ve�b%,�,�titv. If any provision of this Agreement is faund w be illegaI, unenfvrceablc= void, or again9t public policy, such provision o�r part thereof sha3i be deem�cl severable and shail not aFfect or unpair the validity of the remaiaing terms of tlus Agreem�nt. 13V'l'VITNESS'V��'�iER��F, the uadetsigned have hereunta set tiieir hand as o� th� day aad year fust above wciti�r�. � FRIENDS OF Ti� BUROi�' FA.�i, a Minnesoca �onprofit corparatioA �y. . tts: -3- � 0 ��4AM *�1MrRPsr • 2"tt1Bi83 16;2i t��11 61. 3u� 8f31U „ , vt.�ui�'`i'i���r:�2 2?--�� O 3 P�� _ � �r� c�T� oF �r�naTa �z+���rs By� � . Chacles E. Nlertensotto Its Mayor Attesi; Kath�ean M. Swansan . its City Clerk � STATE t?F NfINNESOTA } ) ss. COUNTY' 4F ____�_ } The foregoing iasuum�nt was execviced aad a��knowledged b�fore me this ___�__,,, day of ,1993, by , the � ' ' of Friends of the Burow Fartn, a Mi�t�eesota nonpraft corporati�n, on behalf of said ccnpozation, Nocar� Public STATE flF MINNESOTA. ) . j ss, COUrfTY t�F ________ } 0 The forogoing instcttmcnt was �xecut�d aad acknawledged before ma this � day o� , 1993� by L`i�AR�FS E. I��.fsRTENSQTT�}, the Ma�yor of the Cfty �f Mendata H�ights, a stanitary Ciry of �e Scat,e of Minncsota., ou beb�If of the City, aQ+d by K.�THI.EEN Ivi. S�?V'ANSOht, the City Clark of the Cit�r of Meadata Heiglits, a statutozy City of tiie State of Minnesota, un beha�f af the Cicy. , THIS INSTRUM� th��S PREPARfiD 8Y: - t�iINTHROP & yiiEINSTiI�tE, P.A, (EDCj 320Q Minaesota War1d Trade Canter 30 F�st Sevent�i Street �St, Paul, MN SSI�l1 (6IZ} 290-8400 9i529 . -�- Nota�y Fublic . 1 2* a..s2• � 9 3 1 1 : 3 4 AM �k R 1M/i2 P 5 ��...,r . 11,<z6:'93 i6:?2 F.�1.[ 61� �3: $9�i0 u{�ii���f:.!.�.�,�,�,?—_„_„� 3 O 3 P i 1 ARTICLES QF Il�t�oRPt3RA►TIariI � �c '�_ � ' � � � a i s � t ► fi�01�' - 9199� � r a The und�rsigned, far the purpose of farming a corgoration under aad putsuant to Cbs.�ater 31?A of M'innesata S�atutes, do her�y cettify and adopt the foltowin� Articles of �n�arpor�tian: 1�Li��s"n" �r 1►�l.L_ T.�e name of tius Carporation shall bc "Fr��ads of the Burow Farm," . � ARTICLE �.t. This Corporatian is argaai�ecE and sha11 be operaied �xclusivety for charitable, scientiftc and educational purposes within ti�e me�aaing of Seccioc� 501(c)�3� of tbe Internat R,evenue Cade of 1985, as amended (the "Ccide"�. ARi`ICL� UI, ".�� y�_i At alI times, and nc�twitbscandirtg any change in name, merger, consolidatio�n, rearganization� ter�niaatzon, dissolution, vr winding up nf this Corporation� voluntary or invoiuntazy, or by operation of Iaw, or aay othec pravision 6ereof: A. ?`he Corporation si3ati noc possess or exetcise �ny power c►r aud�ority either expressly, by interpretatian, or hy aperation of Iaw t�at wiil prevent it at �ny fime � .�� `i•J?�M �RJM/RPSGRbB�2,�,?-6303 1::15/93 i8:23 F�T 51., #o_ 89�0 y�.� �,,n ••••. P 1 2 � from qualifysng aad continu�g to guaiify as a carporation described in Section 501(c�{3} of rhe Code and Chapter 3t�A af Minnesata Statutes, as ih� same may be awdifi�d or ataeaded from timc t�a cim�; B. The Corparation shall nev�r b� aperat�d for the pri�nary gurpos� of caz�'yin$ on a trade ar basiness for grofii, C. I�To gart of th� net eaznings of the Co;poracia�. sh�1i inure ta the beuefzt of its , d'u�ctors o�r a�c�ts, directly or %�dir�ctly, nor shall the Cargaration sffnrd pecuniarY gain, facidentaliy ar at�erw�o, to i�s d�rectars or officers, ex�epting -� solcly such reasona�le comp�nsatio� as may be allowed for services actuaUy rendered to the Corparatian �r as a r�asonabla atlowance far autharized expendituras incurred an behalf af t�e Corgoratian; and D. 3�Io substantt�l parc of t�e acti�itios of t�e Carpotasion shsll be che r.arrying on af progaganda or Qtheravise attemptin� to i�f�uence IegisIatian, and the Corporation suall not participate in, or intervene in (iucluding the pubiication ar distribution of statemeau� auy paiitical cainpa`sga� aa behalf of an}� candidace for public office. �R'.T1�LE IY, ' �► '..�._ . The Corporation shali gassess atl capacity, auc�arity and pawers necessaty ar proper to aecoiupIish a.ny c�aaritable gurpose for which it is organized, including but not Iunited to: i c. � 9 3.' 1 1 : 3 4 AM �c R.7M/R P�S �t�`i, D3s �_�r....�-2 7 � 6 3 0 3 •11.%16/93 F6. �3 F�1 8 L' �5' 89;0 t�:, i p 1 j A. AIl those pawers exgressly cvnfened upcn nonprafit corpvrations by Minnesoia Statutes Sectian 317b.161, as they may fram cime to time be amended, togethor with thase powers necessazily impfied therefram; B. To take, accept, hald and acqui�e by beqatst� tievise, gift, pvrchase, loan or Iease any prope.rty, real, persanal or mixtd, aherever situated, whcttter cangible or iatangible, without timlration as to kind, amount or vajue; C. To sell, convey, kase, or make loans� gtants, or pledges of any such property, or any interest thereia er proceeds thetefrom, and tA iuvest and rein.vest rhe-' principai thereof and receipts therefrotn, if any, in suab mann�r as, in the judgment of th� directors, wilt best promote :and further the purpose of t6is Corporation witbaat timiradon; D. 'Fo borrow moitey upon arid pledge or mortgage .aay such property for any purpose far which it is organiaed, aad co issu� aotes, bonds or othor furms af indebtedness tA secure an.y vf its abiigations; and E. To do say oti�er act or thing �neidencat to or cannected with the pnrposes or this Corporatian or in advancemenc chereof. ARTiCLE V. � ;*�• M� This Corporation shalt have gerpetual existence. z 1 2, 30. 93 1- 34� �RSM/R S RDB/ 27-6303 P 1 6� k1/16/93 I.6:24 ��` �Q12 4aY�!!�U .�i�:.�fi:t uciu�l� m �xT�c� vi. ;.. _ � • � . a�� _ � ��3t��- � : . . Tlie registe�red office of this Corgaration shalI be Iacated at i 101 Victoria Curve, Mendota Heights, Minnesota 55118, and ti�e aame of its regiscered agent far service of process is Thomas Lawell. ARTICLE VII. � � _ �t � �1 i �I_ ;_ .Y + . The C.orpotation 'shall save, 3ndemnify and hold hazm]ess each director, off cer, and member of the Corparation from aad agaiast aay ciaim, lass, damage, or eacpense incurred in counection with his or her capacity as a diraetor, afftcec, or member of the Corporation to fhe full�st extent permit�ed by Minnesata Statutes Sectiaa 3I7A.521. without Iimitacian on the amouat of such expense. A1tTiC�E YQI. : • ;`: � � �i�' • �lT�+ �� A. The 8oard of Directars of this Corporation sha�l consist of not l�.ss than 7 and not more than 13 persans, the exact number to be fixed from time to tim� by resalutivn af the Board of Directors. Except for Reserved S�a.cs, che Board of Directors shall be elocted by the Members, ar if there are ao Members, by the Board of Directors. Four seats on ch� Board of Directors ("Reserved Seats"} shall at alI times be filled hy the foiIowing gersons: -4- m __-� �RsM�RPsrRasr227-63p3 :. . Two ��i s�ats shail �e �c:uoie� �;� .:tc�Qc:s oi :ae C:rv Gauacii ot cb�e �.':v c Vie�doca Hei�ats, �Iis►aesa�a tchc "Cicv';, suca me:�cers co oe seiccced by t�ie Cit Couac:i ia i� sola discreuon. , 3. Oae {I} seat sita�i be c�c :+sc�ied bv the Ciry �dministt�.tar of thc Ciry. 3. One {i� seac shail be occ�oied by a repr�sentacive of che Dakaca� Caunt; Hiszoricai Sociecy, Inc., a�iinnesora a�apraric cerporadan, cv6ich reoresea�aave saai ba desigaaced aanuaily aad shal! sen►e a miaimum t year cerm, �. Pcrsoas actutg as dire��ors Qursuan� co sec=ioas VIII..�. i and VIII.A.Z Eureoi sh�t serve oniv ia c�seir caaacitc► as public orficia�ts. aad auu�matir.atiy upoa cessacian or cEui� �:nplap�teat ar c�nure as oificials o� cE�e Ciry si�atl be deemed to l�ava r�si�d �; direccors of rhe Cc�r�aratioa. Upan the autotaatic rermit�ation of aay dircctor pursuaat� � rb.i� sub�seedon, r�e Ciry s�Ii na�rae a subsatucc direccor (wi�ich may be aa a tempo�rv basis) withitt sutty �60) days ot such tetmistatior�. . 5. The rema.uung dir�cCars, rurt less than �hree (3) ncr more than �ni,ne C9), shall be el�cted by the Boan3 0� Directo=s fr� a l�.st of area resider of Dakota. Covmty who are interested Sn the p�raservation of open spaces and the Burow Farm in particular at its azmual meeting. B. The fi.xst &�azd of Directors shall' consist of one (1) persan, who� sha.l.i sex unt�.l the firs�C meeting of the menbers, or untfl his scucessors aze du1.y elected and qual3.fied. 'I�ie n�me and sd�iress vf th� fi.rst D.i.rector af the Coz�gorat�.on is : T�hana,s Law�13. • II01 Victo=ia t,�►itve Mendota Hea,gh�s, Mira�,esota 551I8 �- i � n.r M,,�R F t.;,u�.... $..c'' 2 2?---6 3 O 3 • 11/18�83 18; �5 F!ll 612 �5� 89�FU ��''R D , �'C1? ` , C. Any actioa required or perm.i�ted ca be taken at a meeting of fhe 8oazd of Directaz�s rnay , E�e ta�:en by written aciian signed by the nutnber of d`uectors that. would be required to take tlie same action at a meeting at which alI directors were present. D. Meetings af the Baard of Direcwrs shatl be hetd at least once every year, and need not be h�id with any greater frequeucy, �xcept far sgeciai in�etiags permitted or required pursuant tu Niinnesaca Statvtes Secuon 317A.231. � E. 33ireotvrs neec� not �e memhers of the Carporacion. ARTICL� �IC. +�. •�.��;�, _•. The name and �ddress of the iacarpvrawr �f this Corparation is Thflmas LaweIl, 1 I01 Victoria Curve, M�udrrta Heights, ivlinncsota �5118. AR'1nICI,E X, The directors, afficers, ar�d m�m��rs of this Carporatia� sha�1 have no personal liability whatsoever for any debt or obligation of the Cocp�ratiaa. ARTICL� XI. Mambersl�ip in ti�e Corporatian shal[ be opea �o gersons who are int�rested in preservuzg thP I�iscrsry and I�eri�age of the City af Mendota �-Ieights. -Any persar� wha dcsires to bscome a . _� ' _7 ! . . : a. �o. s3 x 1: a�.q ?I!16i83 I6:26 F:1:1. O1Z �33 89�(1 R.TM/R H�sGv�'.z: $ T..'��'..�.?`.-6 3 O 3 , �Q8 . � . �,,�k.Gt., �.- �.s� °����Q �y �. , ��� �_ .._ ' . memb�r shaIl file an payment af annual for membership aad steatt s�pport the Corporation �y the h�tembership in tf�is Corgoratic�s� s�all not be ass�grsab[e, nor shall it pass ta any personal representative� heit or davisee. T3�e rnembers shall be �ntitIcd to va�e for gersans to serve an the Board of DirecWrs {othar than Reserved Seats}, aud fvr ao other purpase, There shall be no righc af cumulacive vodag. D'ueccars she,Il have all of the rights of rnembers. Meetings of che members shati �e heid at teast annua�iy, at a time and place to be de�ermined. Meetings of inem�ers may be hold at �nore frequent intervals as provided in Minnesota Scatut�s Sections 31'7A.433-.43� (1992}, � ARTIC�.E RII. C.�',�G S'I'f3CK This Corporation s1�atl have no capical stock. ARTICLE KiII. Upon rhe dissaiution of this Cvrporation or the wiading up of its affairs, the Boazd of D'uectors shall, after paying �or making pravision for the p�yment of a�I debrs, obIigatio�s� I18EtIIliJI.°Si COSfS and �xpenses of this �arporati.an, d'upose of alt af �� a�scts af this Cosporation by �ransferrin..� such assets �o che �Ci'ry. In the evenc that the City s�all determiae nat ta �ccept such assets, in its sale discretioa, such assets shatl be dist�ibuted �o oi�e or mare associations or corporations orga�tized �ncf operated exclusivety for c�aritah[�:, SCiel7tifiG O� Cducatiari3l ptitpOSe5, which organiz�tion shail �t the time qualify as exempt fram federal income ta�c under Section SO1��}(3) vf thc Code, in sucl� manu�r as t1�e Board af Aireccc�rs s11aII determine. Should any af the assets m ' . y•G1,i/.J.6193 � 1$:26 1F�.0 63,2 M 89 0'IM/R P��R D B,� ;•'2 2?-6 3 O 3 ' �' O J uf this Corpoz�atian not be disposed af by the Board of Dire�tctrs as hereinbefore gravided, �uch asse�s sha�i be disposed of for the purposes of chls corporation as h�reinb�fore provided by a caun of competeat jurisdictioti of #he county in which the r�gisteced offce af the Carporation is then Iocated. �xTic.� x�v. ;_�t�_..��, _,��ii 0 These Articles may hereafr�r bc am�tu�ed, in whale or ia part, by tlie Board of Directors in accordance wiib. tb.� gTOYisiatis Of MitjtiesOta Siatt�tts SectiCn 317A.133, subd, 1(1993). IN VVITNFSS i�'HERE4F� tba undersigged has subs�ribed his nam� this ___�, day of , 1993. a"fF:itfd22 'Thamas Lawell . (Si�nat�tre to Artictes af Incorpvration of FYieuds of �he 8uraw Farm, a 31�iuneysota nougrofit coxporation} 0 1 2= 3 O. � ����.5�es 93 1 �. : 34AM �FcRJNt/Rp�C ��?��B/22?-6303 � a:2�2 F:�.�. si� ��_ sa.�u , .. � " t ' ,: ! L 1;�_ � t � � — `1'20 , � 12.30.93 11'34AM �RJM/R 5 R�B 2?-6303 P1? . 1��26:83 IS:Z7 F�IS 812 �52 59�0 l��u�1 :s�:��.�� . ; � � 1! Y �0 Y 'u � ii1/V� �" � � � . � i_ �i. it_ ��l _i .i � vl��_ TAIS OP�RA.TING �►GRi�".�MENT ("Agreeme�t") is made as of the ,,,,r, day af �, 1993, by aud between THE CITY 0� iufEN130TA HEIGHTS, a stazutvry city of the Siata of Min.nesota ("thc City"� aad FRiENDS O� THE BUROV� FARM, a h!fi.nnesata nanprofit CoipOl'StiQII ("flWIIer"�. R�ITNESETH: 'G�AEREA►S, Owner is the owner of certaia real praperty locat�i at t87S Sauth Victoria A.venue ia the City of Mendota Hci,gbts. Minnesata (ttie "City"}� cons�sting of approxin�ately 9 acres of prop�rcy upoa wluch are located a house, bsrn, outbuiidings, aad a small pond (the "Fazm"}; and = t�HE�AS, Owner sad tbe�City desiro ta provide fvr the ongoin� managernent and opeF'$tion of the Farm. as a historical Iandmgrk. � NOW TI�EREFORE, in coasideration of che urms, pramisesM conditions, covenants, wsnaaties and agreements hereia coniained, and other goad and va�u�b� consideration, #he rec�ipt and suffciency of which are h�reby acknawtedg�, the par�ies hereto hereby agree as follaws: �.. P�#j�,��,��. , Untess the c4ntext ac�crwise r�qniras, when used in this �grecment the foilowing terms shaU have the m:eaniags sgecified in� this sect%n 1. Each do�"u�ition or pronoun hcroia shall ba de�med to refer to tt� si��r, plurat, mascu�ine, femin.iu� or neuter as the concaxt requires. Wards such as "berein," °her�inaf�er." 'hereof," "herato." aad "hereunderw" whea us�;d ia r�f�r�Ilce to thi� Agre�ment, tef�r to this Agre�ment as a whole, uniess ttse context requires othertvise: "City" shaU mean the City of Mendata Heighu, Minnesota. "�5scat Year" shall mean calondar year untess specifically provided to the contrary here'sn. "Owner" shall m.can Friends of the $uraa Fum, e Minnesota nonprafit corporation. "property" shal� me�n thac certain real properiy► legally described on xh'b'�,,g attached hereto and m�d� an �ntegral pan hereof. "Us�rs" sitall mean gu�sts and visitors to th� Progerty. �- 2. �a�as�e BII$ PIBII, Attached herew as �xhib��t,� and by this ref�renc� made a pazt , hereof, if applicable, is a copy of the Mat�agement Plan for the Pt`aperty (the "PIan°}, parepared and approved by City. The Pian co�tcains a comprehensive and detaiied de�cription of tt�e poli�ies and procedur�s to be follocved by the Owner in the management of the Property. The 1 2. 30. 93 1 1' 34AM �R.?M/Rp5 �2DB����7-6303 P L8 li�ie��a is: za F.�..i si2 �J2 se�u v�.� �:. ,��: �� _ . ..... Owner agrees to comply wich all applicabie provisions af tlie Plan, regardless whether sgecif'ic reference is madc thereto in any particular provisio�t o[ ttiis Agreement. 3. riieeting wi h Cxtv. Owaer agrees to confer with City, iu representatives and agents artd ta attend meetings with City ac any reasonable time ar times requested by City. 4. Collecti�n Qf Rents. Etc. Qwaer shatl collect when due ali reats, cbarges, and other smounts receivable in coanection wich the management and operaiioa of the Prapertyr Such receipts sha11 be held in th� �perating Accaunt identifyiag the Praperty, separate from a1i other accounts and fuads. 5. Mai.aten nce �a ReD�i�r�. Owner shali canse the Properry to be maintained in a decent, safet and sanitary condi�ion and ia a tcnantablo stac� of repair, alI in accordanee with the Plan and local codes, and the Owner ot�erwise shall main�.in the Properry at all times i.a. a candition acceptable ta t6e Ciry, ineluding, but nat iimited to. performanca of cItaaingT paintiag, decorating, plumbing, carpentry, graunds care, and such other maintena.nce and repair work as may be necessary. Incident thereto, the followiag provisions shai[ appIy: (a} Special att�ntion shall bc givtn to preventive maintenanc� ���s� . . � (b) Owner shall contract with qualified i�ad�pendent con�ractors for the maintenance and re air of inajor mechanical systems, and for the performance of extc.aArdi.nary repairs eyond the cap ty o malncenance personnei. Owner shs1l obtaia prior to commencemant of any cirark apprapriate written evidence of sueh contractor's liabitity and worker's compensation insurance. (c} Oavner shail systematicaity and promptly receive and i�vestigate ali campIaints and requests of Users, rak� such action thoreoa as may be jusdfied, and keep records of tlia same. Complsints of a serious nature s�all be reported io the City after investigatian. The Cit�� shall have tbe right to receive capirs of alI User reqaegt� and the reports of action taken thereon. (d) Owaer shatl use best effarts to take such action as may be necessary to camply with any and aA orders or requiremeats of federal, state, covnty, or muaicipal authorities hat►ing� jurisdictioa over the Property and orders of any baard of fire underwriters, insurance eompa.aies* and acher similar bociies. �' twitlistaading any of rh� foregoin rovisions, t�e prior approval of the City shall be requ for any expenditare eeding $ in any one instance far labor, materials, oib#�rwise, in �connect�on with the mainunance and repair of the Property, �xcept for etntr�� ��� e sirs invalving ma�ifest daager to persons or properiy, or required to avoid.�ension o ecessary strvice #a the Propsrty. In the event of emergency s, the Owner shall noti ity of the fact pramptty, and ia nv e�►ent Iare an 72 hours from the occurr�nce of the e ., of�J 3i�:.:,9 i''•ti.► ail 4�'? �.14•� �k R JM/}�?.�'.��.$D.�?/2 2 7-6 3 O 3. _. F' �•9 �.�.- � 6. �ili��.es snd Servi�e.s, Ia accordance with any appticable provisions of the Plan, the Owizcr sbali make azraugements for �vater. aIectricity� gas, sewage, aad trash disposal, vermin extertnination� decorating� Ia.undry facitities, and telephonc servtce in c:onnection with thE Praper�y. 7. er e. A11 on site p�rsonael shatl be contracted service prnviders and shall be paid froui thc Operating Accouat t�s an expense of the Ptoperry. Owner sl�all at all tunes Iiave sa�'fcicnt personnel t the I'roperry for tlie fult and efficient performance.of i�s dudes under this Agreement, including � responsible persoas at such times as reasonably may be requested by the City, o� 8. OperntinQ Acceant. Disbursements from thc operating Aceount sliall be governed by the following: , (a) Frovt the funds collected and hald by the Owuer in tlie operatiAg Acxount pursuaat to paragragh 4]iereoC, and subj�ct to the City's appraved operating budget, Owuer sha11 make the follQwing disbursemencs prompt�y when payabia, in tho following order of priority: •(i) saiaries snd any at�er cflmpensatioa dve a.aci. payable tv the personnel referred to in paragraph ? hareof� together with relatcd payroIl taxes; (ii) re�l estate taxes and assessments, and fre and odier hazard 'uuurance premiums {including any rcquiced montI�iy escrow paymcnts cl:arefor). utillcies, fees, and �stablishment and main�enance of aIl reserve funds; and {iil} ocher payments due and payable by Owner as aperating exQensts incurred pursuant to Owner`s approvtd operat�ng budget and in accordance with thfs Agreement. � 9. Ogerating 8udget. Owner sha1l prenare a recommended annual operating budgct for tlic Property for �ach fiscal year durin� Qic terin of tl�is Agreeinei�t, and sl��lt submit the same to tlu Ciry at least nfnety (90) � days before tf�e Ucgiitni�tg of such iisc:ai yeax. Owncr sl�ai�l promptl3� inform the Clty of any changes incarporazed in the approved operatin� budget, and tve City ahall make na expenditures in excess of lhe amauncs set fortli in sucli appraved aperating budget, for cach Iine it�m af.operacion expease iterniaed� wit]�out the priar written approval of t,l�e City, except as permitted pursuant to subpara�rapli 5(e} her�af for emergency repaas involving manifest danger to parsons or property, or requiced to avoid suspension of aay services to t�e Property, 10. Recnrds and R�orts. In addition to any requirements specifed in the Plan or other provisions of tl�is Agreement, tlie Owner sl�a[l bave die foliowic�g responsibili�ies with respect w records and reports: ' � (a) Upon execution of shis Agreement� tlie Owner immediately shall ascertain the generai condition of the Property, inciuding, but aot limited ta, tlie taking of an inventor3j vf alI furniturc, equipment� tools� and supplics, and shall prepare a report on the physica� and finaaciai status of �he Propert��. Withi�i . �s after die �� �'` execution of tl�is Agrcemenc, thc O�vner sl�all providc tl�e City with a copy of tl�e reports 1nd inve�itories so prepared. � 1 2. 30. 93 1 1' 3$AM oKRJ1v2/RF� D8 • 11fIB.`hi3 IG�2fl F�T �il? i�s�' 69�0 1���ucw at��t.�'-s.�`6 3 O,i?_. .__.P 1 4 b. tii.iiie��,nd Servxce�. In acccrda�nce witb any applicable pravisions of the Plaa,`the Qwner shaIi ntake azraugeiueats for water, etectricity, gas. sewageR aad trash disposal, vermin oxtermina.tion, decarating, laundry facilities, and telepkonc service in couusctian with th� Prope�ty. . . �'. �ersonnej. A11 on site personael shail be ca�tracted se.�vice p=ovid�rs and shall be gaid from thc Operatiag Account as an txpeAsa af the Prapercy. t3wner shatl at aII tizaes hav� scii�icient personnel p�ysicaily pre5ent at t#�a Pmp�rty #or tha fuil and efficicnt performance vf its dat%es under this Agreemeat, iuctuding physicat presence of r�sgonsible perso�s at suc� Limes as rc�sonabiy may be requested by the City. � � 8, Ope�ra�tn� Acc�au�t. bis6urs�menis from tha aperacing Accaunt sl�alt bo goveraed by fotlowing: - (a) From the fuad�, pursuant Go pazagraph 4 �w�er shall make the fo order of priority: �f,� s� perst�nrtel referred to sa � estat� taxc�s and assess coite�aeci and heId by the er ia th� operacing ��,ccount `4�reof, and subject t� Citp`s appraved operating budget, and any required mo oscro� payments t �aaincenanc a1! r�serve funds; aad (iii opera ' expenses incnrred' pursuaat ta ordaz�ce with this t�recment. flromptly when payable, in th:� follawing othe� compensatian due and payable to the �f, together wit� related paproll taxes; (u} ieal � f other �axard insurance premiums tincluding � or), utiHties, fees, and establishment aad � oth�r meats due a.nd payabla by Owner a� Ownec's a ved operating budget and in 9, QD�r�C�ti'� B�ti{IP£t. Qwner shall gc�pare a re�ammeaded aanuai op�rating budgct far thc Praperty for each fiscal yeaz duriug thc tert� of thls Agreemez�tt and shal! submit the same to the Cicy ac least ai�ety {40} d�ys before rhe boginning of such �sca1 year. Qwaer shall ptompttjT info�rm the City of �ny cha�ges uzcocporated ia che agProvect aperating budget, and the City shail make n� axpenditures i.n ex�ess af tl1� amou�nts set forth ia such approved oper�ting. budget, far each Iiae iiem af operatioa expanse �terniz�d. ovitb�ut t�e prior written apptoval of the Ci�y, e�cept as pert�itted pu�s�ant ta s�bparagra,gh S�e} her�of far emergency repair� irsvolving manifest danger to persons or prc�gczty, or�req�rired ta avoid suspensian of any services to the Property, 10. ec�r�aad R�par#�, ta additiog zo ariy requir�ments specifcd i� the Plan or othar pravisions of t�is Agreement, the {)wt�er sha�i have the fo�iowi�g respansibilities with resp�ct to records and raportst � � a�ac` f 6� ,+-.���.. (a} Upon �ecution of thls Agreement, ti�e Owner immedia�ei shall ascert�in the generat cendition of the Ptaperty, ' , a.a a1l prepare a repert an die ph��sical snd financial status of c�e Property. Wichi �z�-�8}� after.the executivn of this Agceemen�, #ho Uwnor shall providc the Ciry with a copy of the �tts . ��...,.,.� � R...,� �.w:,,�.�� ,a �„ �� �.�, ��+►e�+� �", Ib'�'. U 11lE� ti1.3 aa��•ldU� R JM/R+� �if'� tRt� �.1"'�r 2?—� 3 O 3 P 2 d t:. , �a, �.. ,.. (b) Qw�icr shall establisli and maintain a s�3wp=eiw�si��r system of records, books�; and aceounts, in accordancc with ihe Plan artd 3u a�n�uer satisfactory to tiie City. All recorcis, booic�, �tt�d account� sh�ll be subject ta cxaunination at xcasoi�ahle hours by any authorizcd representative of tlie City. _ � . ,o�,.� a�+n.w�►•.�. . (c) Owa�r sh�U prepare a�q+aa� report, in accordance witl� any anptica�le pravisious af tha Plan ancl in form satisfactQry to tl�c City, containing and iucluding ai Ieas� �tie follawing; (ij a statat�neut of incvme anci expcnses aad accounfis receivable and payablc , inctt�d�g an itemized list of al! dclinquent receivablc� , as welI as a report on sction ta.�:en tt�crcon by the 4wncr; {ii) a castt recei��s form ,(iii� a dIsbursement� summary ;{iv} current bank stat�ments with racc�nciliation of tbe Operatu� Accaunt; (tr} copies af paid bills and invoices ��e • and {vi} a narrative of any unusual actiQns taken or emerge�acies respancied to, and a f�ttl repnrt of sny accidents, ctaims� and potentisi claimsi fer-tixc p�'��s-�sr. Owner shall submit �ach such report to the City on Qr b�foie t�e �ftceuth {ISth} day of tha ficst mantti faltawing ee;eil�-eats�s�-c�ar�C�w+�'�-'����„ {d} Own�r sba11 promptty furnish such additionat 'snformation as may be requested � � fror� tune to ttme by ttu City with respcct tu financ�al, pl�ysicai, o� op�r�tional condicion of tlte Properiy. (e} Owner shail preparc, executc. and �le at! forms, iBPOItS, aud returns t�equired by la.w in connection wid� tiie empIoywent of gersonnel., une�nploymeut utsurance, workman's couipensation iasurat�ce, ci3sahitity benefits, Social Security, aad ott�er similaz iztsurance, and a[I other bc�ic�cs ar taxes now in �ffect or hereafter imposed. (#� �,.11 boQkkeeping, data processi�g services, aud management averheaci expenses s�i.all be borne by t�ie Owner out of �ts funds. �1. �ndexnt�i�c�.tioi�. To die exteat permittcci by taw� Ciwner a,grees to ci�fc�d, inde�nnify, h�Id and save harmless tlle City from and against a!1 cla�ms, �l2�?1�1I1E'.S� losses and suits ia connection with the Property or this Agre�menc, inctuding specifically, but without 1"uaitation of ti�e generatity �f tlte fozegoing, claims aud suics attributable to bodily 3njary� sickE�ess, disease OC deStl3, Qf tCt 1QjtiCj� �Q tJ1' tICStC'1lCtIQIl OP G3l1�l�I8 �ICQQ4it}►, regardiess of whetuer sucu ciaims and suiis arise, or are a3teged ta arisa, in �v1�ale or in part out vf any negligent act or amissinn of t}wner, its agents or emptayees. Cl�vner agtces to include the City as au uisured in t3wner's publio Iiability policy. Owner shait praride tf�e City widi a certificat� of insurance evideacin� suct� Iiability insurance and providi�a uot less thaa ten (1Q) days' no�ice to the City priar to cancellation. To tha exzent permitted hy Iaw, Ownet agrees ta dcfend, indemnify, hotd aud sava iaarmless tl�e City and ics affiliates from at[ claims, it�vesc�gations. and sctits, ar from actions or faiit�res to act of �lte City, with respect io an�� aile,�ec1 or actuai vialali�an of siate t�r federnl I�ibor or other laws pertainina to employees, it being expressiy agreeti ant! undcrstaod tiiat as �etween Owner and t�ie Git3►, aIl persans emplc►y�d i�t conncctian ��illl tltc pretnises are emgloyees of the Owner and ��ot ihe eity. C3�vner sijail at alI tunes keep its en�pfay�ees a��d contracrArs fnsurc� far s�ztucary 1 1�!1�S/8�i 9�:3t� 1�:�.1����a� ��a� JM/R PA�\U�JI�B�v��� �-6 3 O 3 P 1 5 �V1U (b) Qwner shall establish and maintaia a cotnprehtnsive system of records, books, . and accounts, i.n accordance with the Plan and in a manner satisfactorp to the City. All records, books, aad acrounts shgll be snbject to exarnination at reasonable hours by any autbvr'szed represe�tative of the City. �� � �' �'*� """ , (c) Owner shall prepare a-q�ter�► report, in a�ccordance with aay applicable prwisions of the Plan aad ia form satisfactary to the City, containing and including at Ieast ihG following: �) a stateinent of Income and expenses and aecounts receivabla snd payable for the preceding calendar quarter. includ'utg an itemized Iist of all deliaquent receivables as af �he t�nth (lOth) day oi' the curnnt month, as weIl as a report on actioa taken thercon by t6�e Ownet; (li) a cash receipts form for the pravious quarter, {ui} a disbunement� summary for tiie previous qnarcer; (iv) current baak stacements aith roc�onciliation of the Operatmg Account; (v) aopies of paid bills and favoices for the prevtous quancr; and (vi) a narrative of any unusual actions taken or em�rgencies r�sponded to, and a full report af any accldents, clair�s� and potential cla'ims, for the previous quarter. Owner sbaU submit �ek such repart to the City on or bofare the '_�� �ia6�����) d2.y A� the� month fallowutg e�� �f �• �, �..�.�.�, y w .� -�,. �,�.,. . � (d) Owner shall promptiy fur�i�h such additional informati.oa as may be requested from time to time by the City wirh respe,ct io fusancial, physical, or operationat condition of rhe Praperry. (e} Owner shall prepare� txecute, and file at! forms, reports, and rewrns required:by Iaw in connection with the amployment af personzu!„ unemployment insurant�, workman's campensation irisurance, disability 6enefit�� Sacial Security, and other simiiaz insurar�ce, and �II orher benefits or taxes naw ia effect or hereafter impased. (fl AII bookkeeping, data. prxessing servlces, and management overhead. txpenses shall be borne by the Owner out of its funds. Il. �ndemni�ic�.�iQn. To the extant permitt�d by laa� Owner agrees io defend, indemnify, hold and sav� harmless the City froat and against aIl claims, Iiabiliries, losses and suits i.n connection with t�u Properry ar this Agteement, includin,g specifically, but without limi�ation of t�e gcaeraiity af tho foregoing, ciaims and suics atcriburable �o bo�i�y inJury* 51C.kfleS9, disease or death, �or to injury to or destructioa of taugibla property, regardless of whether such claims and suics azisG, or ara alleged to azise, in whola or ia parc out of any negligent aet or omissian af 4aner, its agencs or amployecs. QwnoT agrees to iacluda the City as an insured in Owaer's public IiabiIity policy. Owner shall provide #he City with a Gertificate of i.usurance �videncing such Iiability insurance and providi�g nat Iess th$a ten (10) days' notice to the City prior to cancellation. To the e�►tent permittcd by i�.w* Owner agre�s to defcnd, indemnify, hold and save hazmless the City and its affiliates from all claims, investigatians. and suits� or from actions or fa�.ures to act af the City� with respect to any aileged or actual violation of state or federal labar or other laas pertauting ta �mployees, it being expressly agreed and understood that as between Owntr and the City, aI1 persons emplay�d in conaectioa with cha premi5es aze emgloyeea of the Owaer aad not the �City. Owner shall at all times keep iu tmptoyees and co�tractors insured'for statutvry • .�� ., .cvs.�- R F S y7 1I%.I6. 93 16; 32 F;�T BI_' �i3'. 89�it! li��#�)U�`a ��tB,G: �.2 ?—tS � 3 P 2 1 • �� t"�'� �it.�t.+ti` �iC O � tai1O • workers' compensation and other emptaye� ben�fits reqnired by all appi' able Iaws, and Owner shall mainta.in employer's lia6ility insruance for a�n am�ouat not iess ch , covering cIaims and suits by ar oa behalf vf employoas and othcrs, not ochcrw�se covcced by statutory workers' compen�atian insnraace. Th� City and its af�Iiates sbail bc prv�ceted. in a1I such '""� insu�ance by speci.�c inclusioa of th� Cicy uader a� add�tion�l insured or alteraate eaiployer � � rider. Own�r. shaii provide #I�c City wlth a certificate of insurance avldenci�g that workers' , mpcnsacin and employ�r's liability irtsurat�e is ia force and providing not less thaa ten (10} days' iiotice to t�e City prior tv canceltation, 12. �i e�a_�,cg. Qwner sbalt cause insur�nce cov�rage required under.this Agreement and such forms and amaunts of ic�.suraz�ce as 4waer may r�quire, to be placed a.nd kept in, effect at . all r.imes with insuranc� compaaios satis€actory io t�Cc �ity, The City shali ha designated a� an insured under pubIic liability i.nsurance for a lfmit of Iiabiliry acceptable #o the Ciiq and 4wner. C?wn�r shall investigat� and prampt�y fnrni�h to tlie Ciry futl writt�n reports of aIl accidents, claims, and pertenrial cl3ims for dam�ages tetatiag to thc Property, and shali cooperate fully with the 4wner's irisurers, regazrlless of wbether the insuraace was arraaged by Owner or �athers. t}wnsr shall $t all ti.mas providG a�rd maintain at alI ��mes hereafter, for the ben�fit of t�e Owner and t1�e Ciry aad, from time ta time a� the requr.st Qf the City, furnish the City with proof of • payment of premiums on: (a} .���yt . Fir� an�i casuatty insurasxce in an amounc equal to one hundred percent {I00�) �of tbe replacement �atue af th� Property aga�nst loss or dama�e by �re, windstorma, hai1, explosion, vandalism� maiici�us misc�ief, civii cvmmv�ian, water Iaakage and damag� of any kind and af any aature wlaatsoever ar�d such other r'ssk ar risks af a similar or dissimitax nature aad such orh�r covetages �s are now. or m�y in the fu�urc be� Gustatnaz�Iy covered with respect to buitdings and improvements xinuiar in canstructiou, gcneral loca.tion, use, occupancy and design to #he Property. Aay policy of iusurauce provided pursuattc ta this secuan shali hava a deducii�le amount of nat more than Ten Thousand at�d QUIIIXi I3ollars (�IO,OOQ,Oa). Na policy of �nsc�Tance sha11 be vurit�en such that the pracecds ther�af wit! praduce less than the minimum coveraga required by this pazagraph, by reasan of ca-insurance provisions or oth�rwise, without t�e prior coasent therata in wricing by the �ity, wi#h spe�ific reference to this provision. The term "in�cuabl� value" sbali meaa f�ce aci�.�ai replacetuent cost of the Property {excludiug fo�znd�tiaus and excavatlon costs at�d c�sts of undergroun� ilues, pip�s, drains and ather uiunsurabla items), and equipment, .�►ny net praceeds af i�surance resutti.�g from a cas�atfy ta the Praperty shall be made payabie d'uectly to Owner wikh respect to any Ioss or casuatt� csusing Iass or damage in aa annount Iess thaa or equat ta Twenty Thousaad and OO/IQQ Dotlars ��2Q,000.�0}. AIt net proceeds from az►y ctaun or casualty with a totat dallar amau�t in excess of $2�,0t}0.00 sha11 be made ��yable joinrly to Own�r aud the City. (b� FuhIic L`abil`tv. Qwner shai! pravide and maintain at a�l times hereafcer, for thP berr�fic of Owner and tt�e Cicyt ac its sole cast and expense,' camprehensive gene,tai put Iiability insurance, inctuding p�rsonai injury iiability, s�ainst liability for injurie� ta persons andlor property, in far each occurrence and far each year a.�+� a�«...�,..�.�c .q,�w���,t,i�"�Co" e�e�r�.� �a. �s.�n.!- '""�t. ,�`"�. C'� 111 iS 93�. �f 32 1F�."��8I2�•}�� 89�0 r` '7M"'�R �i'::.�G�.?? �$f 2 2?--6 3 O 3 �' 2 2 , a�,d shatl be endor�ed to show #he City as aa additioaat 'snsuredcu-�it ���i�/�'�+C� c��..�e�.l .rb�-� �t..�, ,�'r-cr�. P-�.�.�. ,�} '�...�,w�.�'-.�-c..-. at.�, .�*.� C��,;;� . . - tc} �e,�_fz�t+�,of n�u3'�.n�: Ail insurance rtquir+�d pursuant to this sectioa shall be talc�n out $nd znaia#aiaed with insurance campazues reasat�:bly a.cceptable to thG City and autharized under th� Iaws of the Stat� ta assume ttx� risi�s cnvered thereby. t}wner will deliver annua%Iy w the City paticies cvideaci�g aIt su�h ir�urauc�, or a cutificate vr certi�scates or biuders of the rrsgectivo instuers stating that such iasuraac� is in fv11 farce aud cffect. E�a.ch golicy shait con�ain a provisiaa t�at th� insurer shall not� can,cel or modify it withaut giving written notice ta Owner aad the City st ieast sixry �60� days before the canceliation ar modification becomeg eff�ctive. N"at Iess th�a t�irty {3fl) days prior to rhe e�piratioa cf any palicy, Owncr shaii fittnish t�� Ci�y evidence reasonably satisfactory to the. Cit3► t�ai t�e gaticy bas been r�newed or replaced by another policy COl�0III1111$ �U ti�E �iiCtVlSiOiIS 0� i�U� SSCLIOII, Oi �i� t�ICfB !S IlO II8CBS81t�► t%1@I��Ot LtIIti�1' the ternas hereof. I� lieu of separate policies, C}wner ma.3► maintain a single policy, blsnket, ar umbrelia palicies, or a cambinat�on �reaff having the coverage r�quired herei�n, i.n which +�vent Owner shatt depasit witl� the City one ar mare certi�cates of the respective instuers ss to th� amottnt of covet'sge ia forr,� with resgect io #he Property. Cdi �2�� f� nair. C3wner agre�s ta aatify the Ci�y immediately ir� #he case of damage or destruc�ion to t�� P�raperty with a dollaz va3ae e�cceedir�g ��t�.�-� �^�-^� •� . � ti} In tha event t�ac the dollar amount of any damage, eost or loss gursuac�c to any casua�ty daes nat exceed S20,t�00.00. awncr will ��forthwith repair, reconstnict and rasrore the Prvperty to subscantially the same �ar �n unproved} conditzfla or vaiuc as existed privr to tbe event cansing such dainage and, to the ex'r.cat aecessary ta accarnplish suc� regair. net groceeds of insurance reI$nng w such casnalty sball be appiied to, rha gayment oz reimbursement of the wst therevf. (ii) In che event i�e Praperty oc any portion thereof is damaged or destroyed by f re ar otb��r casualty and t�e dolls.c vstue af such damage or d�truction is estimated to exceed SZO,OOO.t?0, then 4waer. with�.n. ont hundred twenty {IZO} days afcer such damage ar destcnctioa, shall proceed forthwith to repair, reconstruct and rastare t�e Property t� substantially rha same condition or utility vallt� aS eXiSted �ri0� t0 StiGi1 rBSualty 3Ad, to c�e ex�ent ��c.�ss�ry w accamplish such repair, recons�ruction and restoratfon, Owner and the City shaU apply the net groceeds vf inswance retative to suc� casuaIty to the paymsnt or reimbuxsement of tF►e c�osts thereof. �►ny net pro'ceads af insurance remaining after restoratio� of the Propezty in accordance with this paragraph shatl be payabia ta (lwner. � �iii} Any net �raceet�s of it�surance to ba rcleased ta Owner in accvrdanee with the terms af t�rc immediately pr�ceding paragraph s�a1i be reIeaser� upon th� receipt by thc City of (a) a cer�ificac� +of Qwner specifying tbe exp�ndi#ure� t� be iucurred in cotrnection w�th the restoratian af tlic Property, and that net proceeds a� insurance, tagether witi� any ather funds made available by, Ctwn�r, witl be 1 2. 30. 93 1 1'�4.AM �cRJM/Rpsr^' D / -� . 11!.IB/93 18:a3 F:IC 61? ��� 69�iU ltt��u�:a i$cavf�rt�' 7—'6 a 4 3 P 2 3 sufficient to compicte s�ch regair. reconsu�ction and restaration� and (b? if net proceed� of insuraace ar� in an amauac greacer rhan S�Q,tJOQ.OU, written approv�I of the abave-ref�renced cerci#'ication by are engineer, . the iudepende�ce and qua.Iificatian� of wl�.ich sha1l be acceptabto ta th� City 'sn its rr,asanable- discre�ian. (iv) Nocwit�stat�ding any provis�on hereof, Own�r shall be uncondiriona�iy obiigated to complete the repair, recon�truccian and restoration of the Property, xegardless of whetiser aet praeeeds of insurance reeeived by C3wner for sueh putpases are sufficieac. I3. g�►�r�. From the f�nds �a3lecse� ar�d depasited by Owner in the �peratiag Account, O�vner s�all make any manthly paymsats for tha purpose of funding i.nsuranc�, ta�c, and such orher reservo or escrow accounta f+�r th� Froperty as t6+� City may require. �wner promptIy shaU gay and discharge #�c bi1Is a�d iasurance premiums �nd sbail furnist� the City wi#h evideIIce af ti.mely payment of such ta�ces and ia�suranoe premt�nis. � . 14. �mp iancg w,�tj�, ws. in the performar� of his abiigations uad�r tbis Agreemeat, � Qwner sha1l �omgly with applicable I4cal� state, and federal laws and rogula�ions. . �5» Term ai �►gr�me�. T'�is Agcee�ttent shaU b� in effect for the period commancing as • of tl�e date hereQf and eae� ,����,,,�+.�,tt �.r�� c►-�.'7��.•��"�.•� 7'� a'�u'�..c.�'�"``4 '^v►a�.�.-,�,. � '�.-�."�'�c. cti. C��„7� . . {a� In the avent t?wntr fails ta perform any of its duties her�eund�r or to comply with any of ehe provisions hereof, the Cfty s�all aa�tify €�ws�er in wriang �rzd C►wner shall have ����fs,�#5� days thereafter with�n which ut cura such default to the reasari,ablc satisfaction of the City, and if such defauiz cactttvt be cetred within such d�j perioci, Qwncr sha11 h$ve suck additi�nal time as may �e n�c�ssary w cure the same provided tiiat Owaer dema�strat�s ta fihe continuing satisfactlan af che eity that it is diiigen�Iy purattiug all necessary actioas ta cur� suc� defaulc and that th� �ame will be cured within a reasana6le time without damage or exponse ta tha City. - � (b� In the cveat a getitian in bankruptcy is filed by or agaulst Owner or iu the event Owner makes sn assignmettt fcr the ber�efit of creditors or takes advanca;�e of any �insolvency a�t, the City may terrainace t�is Agseement witbout nvtice to the other: (c) Ugan az�y ternxinatioa of #his Agreement, t3wner sball cIose aI1 accounu and pay the balances or assign atI �erzificates of deposit reg�rdi.ng che Prape�ty to th.� City. 't�'�thin thirry {34) days after any t�rmisiadon of this Agreement, 4waer s�iail detiver to tl�e Cit� aI1 docurneais, books and tecords cancerning the Property, ViTithi�a t6irty {3E}} days af#er arty tcrmination of #his Agreernent, Ov�ner s�a11 �ubmit to the City a11 r�gor� rcqnired under this Agreement w the t�ate af suc1� termiz�ation� and the Owner shall accouiit to the City with s�espect to all matte�s outstanding as af tfce date of termina�ion. 1+6. �.totices, AII natices or othe� communications raquired or desixed to be given under rhis Agree3nent shail be in writing and shall be delivere.d either persaually or by U.S, certified m�ii, returu ceceipt requested, which s�al! be deerr�ed delivtred upon personal deli�very ot�"��' '"i��+�ta� 2:30.93 il'34AM �RJM/Rps/R $/��7-6303 P24 11/18/83 18:5� F�C 812 ��'. 89aU Mh�Uul� 1��14 � �+�-� business days sfter mailing. Ia the event of a changa in the mailing sddresses stated hereia, $ny addr�ssee whose address changes heteby agrses Lo gtve notice of a new or forwazdi� address wirhin seven (7} daps of th� effective date of said cha�ge tv the other addressee, whereupon subsequent natices shali be addressed ta such new or forwarding address. 17. �,��endment. This Agreement canscinites the entise agreement betareen Owner and the City with respect ta the subject alacter hereof, and no ameadment or modifieatioa hereof shall be valid or enforceable except by supplemeata,! agreemeat in writing, execvted by the. parties hereto or the parry to be bound t�ereby. 1&. �pfo _�'ili�. The iuvalidity of any r�ause, pazt, or provisioa of this Agreement shall not affect tb.e validity af the remaining portions ther�af. 'The City's remedies under this Agreement aze cumulauve, and the exercise of one ramedy shalI aot be deemed an election of remedies nor foreclast the txucise of Owner's other remedies. No waiver by the City of any breach of this Agreement shall be deemed w be a waiver of any oth�r or subsequent breach. O�vner or the City may apply to a.ny coun, state or federal� far specifc performance of this �greemenc, foc an injunction against aay vialaaoa af this Agreement, or for such other relief as may be appropriate, since the injury azising from � default under any af th� terms of this , Agreement would be irreparable and the amount of damage would be difficult to ascertain. 19. GOVBSII�IIg LRW. 'The Ia.w af the State of Mi�nesota shati govern. the interpretation and enforcemcnt of this �4greement. 20. Cap ft ans. The captions used in this Agreement sre inserted only as a matter of convenience and for referonce and in no way define, limit, or describe th� scop� or the intent of th�s Agreemeat. 21, �x_ecuti n of Countcr��. For the convenieace of tlu pazties, this Agreement may be executed in mvltiple counterparts, each of which siiall eonsutute a compiete original of this �greement,_which may bc introduced i.n. evidence or used f or eny vther purpose without the praduction of any other couaterparts. Z2. �u cessars and Assign�. T�is Agreemane shall inure to the benef t of and constitute s binding obligation upon Owner and the City and their respective successors and assigns; provided, however, that Owner shalI not assign this Agre�ment, or a.ny of its duties bereunder, without �I�e prior written consenc af t�e City. a 1[7.i 103iJ"�' 1� J� 1��.ti �1C +��MotlfuR .7M/R P�s�uu[R.1 arB.�ri?ta2 7-6 3 O 3 P 2 5 �vct IN WiTNE5S WSER,EOF', the parties have executed this Agreemen# as af the � day of ___.r___, 1993. Attes� Title: � ts�� Attest: Tit1e: (SfiAL) STP:9i480 -Q- FRIENDS OF T�iE BUROVi� FARM, a Minnesata nonprofit corporation By: its _ THE CITY OF IVIENDOTA HEICrHTS By: ' Charl�s E. Mertensotto Its Mayor . • Ana sy: Katfilleen M. Swanson Its City Clerk � y � _ . 7_2.._•�.O• �..�,... 1.�..�� �..4,�..�,u u R JM/R ac ��DB��'S2 7-6 3 O 3 P 2 6�015 . '' EXHIBIT A LEGAL DESCRSPTION 1 0 0 � � � CITY OF MENDOTA HEIGHTS MEMO June 15, 1995 TO: Mayor, City Council, City Admini tr FROM: Kathleen M. Swanson����S City Clerk SUBJECT: Liquor License Application, Mendota. Liquor INFORMATION On June 6, Council conducted a public hearing on an application for an off-sale liquor license for Mendota. Liquor. In accordance with the provisions of the liquor ordinance, the hearing was closed and action on the license application was scheduled for June 20. Last week Paster Enterprises submitted a building pernut application to do the interior remodeling needed to accommodate the liquor store. During the permit review process, it was determined that a conditional use permit is required for off-sale liquor facilities in the B-4 District. The Planning Commission is scheduled to conduct a public hearing on Paster Enterprises' application on June 27. No action should be taken on the liquor license application until the conditional use pernut application has been processed through the Commission and Council. If the Planning Commission makes a recommendation on June 27, the CUP application will come before Council on July 6. RECOMMENDATION I recommend that Council table consideration of the Mendota Liquor off-sale liquor license application to July 6. ACTION REQUIRED If Council concurs in the recommendation, it should table discussion on the Mendota Liquor application for off-sale liquor license to July 6. - CITY OF MENDOTA HEIGHTS MEMO June 13, 1995 TO: Mayor, City Council and City Administ , FROM: Guy Kullander, Parks Project Manager �� SUBJECT: 1995 Boulevard Tree Planting Program DISCUSSION In 1988, the City Council began a boulevard tree planting program. Residents could choose to have a tree planted in the boulevard area in front of their house for a fee of 550.00. The City hired a contractor to install and guarantee the trees for one year and paid any remaining costs. This averages out to about S 100 per tree, thereby encouraging the planting of approximately one hundred new trees per year. Council has included S 10,000 in the 1995 Budget for this program. , This year's program offers six species of trees the homeowner can choose from (see attached resident letter). The selected tree species and planting specifications were reviewed and commented upon by Steven Shimek, the recently appointed City Consulting Horticulturalist, before distributing to landscape contractors for bidding. . Bids will be received and opened on June 19, 1995 and a recommendation _ to Council will be presented at the June 20, 1995 regular Council meeting. Installation of the trees occurs in the fall, usually in later October. ACTION REQUIRED If the Council so desires to continue with the Boulevard Tree Program in 1995, they should award the tree planting contract to the qualified low bidder. (Note: This information will be available as an Add-On Agenda item Tuesday night). � C ity o� ,,,,,,.,,, 1Vier�dota Heights � May 25, 1995 Subject: 1995 Tree Planting Prograrn Dear Resident: In preparation for the fall, October/November planting of trees as part of the 1995 Tree Planting Program, the first step is selection and payment for the tree you have reserved. There ar� six varieties to choose from a�d are described as follo9vs: 1. Emerald Iustre Maple (Acer Platanoides "Pond) First introduced in 1980 and has become recognized for its good form and hardiness. Emerald Lustre exhibits superior branching as a young tree which makes it an attractive tree in the landscape. It is oval as a young tree becoming broadly globe shaped with age. A well dcained site is preferred because this hastens the maturity ia the fall. Wet soils may delay the hardening-off pmcess and make the tree more wlnerable to frost cracking and winter injury. Poorer soils and planting on slopes, which help permit the drying dowa in the fall, will help ia the hardening process. 2. European Little Leaf Linden (1�lla Cordata) The mature size and attractiveaess of this tree makes it very useful for street or landscape use. Moist, well dzained soil conditions are preferred especially during establishment period. Winter prote�tion for the tiunks of young trees will help prevent sunscald. Once established this is one of the most carefre� tre�s ia the laadscape. As a young tree it has a very distinctive, well formed pyramidal habit that becomes more rounded with age. It is a rapid grower with dense branching and relatively small foliage. It matures to a height of 40 to 50 feet and spreads to 30 to 35 feet. 3. Common Hackberry (Celtis Occidentalis) Hackberry grows up to 50 feet or more with a crown spread of over 30 feet. It is a close relative of the American P.lm. The leaf resembles an elm, except it is lighter green in color and somewhat smaller. The fiuit, 1/3" diameter, orange-red to purple berries, ripening in September/October, is relished by wildlife. The gray bark has a 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850 � Resident 1995 Tree Planting May 26, 1995 Page �vo unique, vertically ridged pattern. Fall color caa be an attractive golden yellow. Hackberry has no serious disease or insect pests. Once established, Hackberry is a moderate to rapid grower. It is native throughout the Midwest aad is generally found in river bottom or moist, lowland sites. In spite of being a lowland tree it is quite drought tolerant and will withstand a wide range of soil and environmental conditions. 4. Northern Pin Oak (Quercus Ellipsoidalis) A hardy tree, more tolerant of alkaline soiLs aad drought. In fall color, northern pin scores highly. Leaves tend to be more '' t red aad persist longer on the tre�. As a red oak, it is lughly susceptible to oak ill� ' , but when used in isolated landscape plantings, the risk of oak wilt is minim . The tree grows up to 65 feet ia height with a spread of appro�umately 35 feet. It forms a broad pyramidal crown when young, becoming rounded with maturity. 5. Autumn Blaze Maple (Acer X�Yeemanii "Jeffersred") This tree combines the fast gmwth and soil tolerance characteristics of the silver maple with the attractive fall color and improved plant habit and stcucture of the red maple. It will tolerate more alkaline conditions and heavier, more compacted soils than does the red maple. It matures quickly into a broadly ovate tree appmximately 50 feet in height and a 45 foot spread. Fall color varies with the season, but it usually a very nice orange-red to reddish purple. 6. Autumn Blaze Ash (Fra�nus Americana "Autumn Blaze") This tree was selected for hardiness, form, and striking deep purple fall color, which persists for some time before leaves fall. Autumn Blaze forms a bmadly ovate to rouaded cmwn with the deep bluish green foliage, typical of white ash. Because it is a female selection, it sets seed, but the seed crop is normally light. The tree grows nicely at a moderate rate. While wlute ash is relatively insect and disease free, it is susceptible to ash yellows, but since the tree will thrive in so many difficult sites where little else will gmw, it is still a good choice. Almost any tree can have one or more maladies that caa effect performance or longevity. Trees are planted in the City boulevazd (approximately 13-17 feet from edge of the curb or bituminous towards your home). More information on how to mark the location of your tree will be mailed to you in August or September once a final count of trees is made. The trees will be planted in the fall before December 1, 1995. � Resident 1995 Tree Planting Ma.y 26, 1995 Page Three As you are aware, your cost for the tre� is $50.00 and must be received by the City no later than June 30, 1995. TffiS I,S THE ONLY NOTIFICATION YOU WILL RECEIVE REGARDING PAYMENT FOR T� TREE. IF YOU DO NOT PAY FOR YOUR TREE PRIOR TO TUNE 30, 1995 YOU WILL BE REMOVED FROM THE LIST AND YOUR TREE WILL BE GIVEN TO THE NEXT PERSON ON THE WAITING LIST. To insure that you are a part of this years program, please pay before 7une 30, 1995. Please make your check payable to the City of Mendota Heights, indicate on your check or attach a note wluch type of tree you prefer, and mark envelope to my attention. If you ha.ve any questions, please feel free to contact me at 452-1850. Sincerely, ~ Gc�G�fC� Diane Ward Engineering Secretaiy � ': `�. .,-�_ � CITY OF MENDOTA HEIGHTS MEMO June 20, 1995 TO: Mayor, City Council and City Admi t °'�/ ^ FROM: Guy Kullander, Parks Project Manager � SUBJECT: Bid Results for 1995 Boulevard Tree Planting Program DISCUSSION Bid documents were sent to ten contractors. Several of these contractors had contacted City Offices to be placed on any bidder lists for the installation of trees under City contracts. Five bids were received to install approximately one hundred trees. The bids ranged from a low of S 13,060 to a high of 541,874.50. The second low bid was $15,049. RECOMMENDATION I recommend that Council award the 1995 Boulevard Tree Planting Bid to the low bidder, Blaeser Landscape. Blaeser Landscape has been the low bidder three of the last five years for this program and has been a conscientious contractor and has done satisfactory work. ACTION REQUIRED If Council so desires they should award the 1995 Boulevard Tree Planting Contract to Blaeser Landscape who submitted the low bid of 513,060. CITY OF MII�IDOTA i�IGHTS �:� • 7une 2, 1995 TO: Ma.yor, City Council and City Acl ' t � FROM: Kevia Batchelder, Administrative Assis�� SUBJECT: Case No. 95-02 - City of Mendota Heights - Fire Code in Industrial District Zoning Ordinance Amendment DISCUSSION: Fire Marshal Paul Kaiser has requested that the city amend the Zoning Ordinance to prohibit the use of wood fiame constiuction (1`yPe � in all "B" and "I" zoning districts. Mr. Kaiser is proposing that Section 4.17, Iadustrial zones be amended to add a paragraph requiring all buildings in the "B" and "I" zones to be built with Type III constniction (please see attached Ordinance Amendment). The Planning Commission conducted a public hearing at their May meeting. There was no general consensus on the appropriateness of this regulation. (Please see May 23, 1995 Planning Commission Minutes). Mr. Frank Dukee, representing United Properties, aftended to speak in opposition to this proposal. On behalf of United Praperties, Mr. Dukee feels this regulation may limit United Properties ability to attract service industries to their business that might build a one story wood frame building, such as a mstaurant or convenience/retail. .. � i i:� �• � The Planning Commission voted 7-0 to close the public hearing. The Planning Commission voted 4-3, (nays, Betlej, Koll, and Tilsen) to recommend that the City Couacil add the following language to Section 4.17(3) of the Zoning Ordinance: � • All buildings within the B aad I Zoning Districts shall be of steel, reinforced concrete, Type III construction, masonry construction, or an equivalent or , better. No building shall be constructed of �ype V construction. • ��• i��� If Council desires to implement the recommendation they should pass a motion adopting Ordinance No. , an �Ordinance amending Ordinance No. 401. Attachments CITY OF MENDO�A HEIGHTS DAKOTA COUNTY,I�IINNFSOTA ORDINANCE NO. _ AN ORDINANCE AMENDING ORDINANCE NO. 401 The City Council of the City of Mendota. Heights does hereby oxdain as follows: SECTION 1 Ordinance No. 401 kaown and referned to as "Mendota Heights Zoning Ordinaace" is hereby amended in the following respects: ' Section 4.17(3)j should be added to 4.17(3) - Buildin.g Design and Construction to read as follows: 4.17(3)j All buildings within the B and I Zoning Districts shall be of steel, reinfom.ed concrete, T�pe III conshuction, masonry const�uction, or an equivalent or better. No building shall be conshucted of 1�pe V construction. SECTION 2 This Ordinance shall be in full force and effect from and after its � publication according to law. P�acted and ordained into an Ordinance this Sixth day of June, 1995. ATTPST: By Kathleen M. Swanson, City Clerk CTTY COUNCII. CITY OF MENDOTA HIIGHTS By Charles E.1Vlertensotto, Mayor m CITY OF MENDOTA HEIGHTS MEMO TO: Pianning Commission May 18, 1995 FROM: �lames E. Danielson, Public Works Directo � Kevin Batchelder, Administrative Assista SUBJECT: Case No. 95-02: City of Mendota Heights - Fire Code in .- Industrial Dist�ict Zoning Ordinance Amendment DISCUSSION At the February 1995 meeting, the Planning Commission reviewed a request from Fire Marshal Paul Kaiser to amend the City's Zoning Ordinance to not allow wood from construction within the City's Industrial Zoning District. The Planning Commission forwarded to the City Council for their review and comments and authorization to conduct a public hearing. The City Council reviewed the request and had no comments and they authorized the public hearing� however, that hearing has been delay�d�to the May meeting because of the unavailability of Fire Marshal Kaiser. � � Fire Marshal Kaiser will attend the meeting and be prepared to give a short presentation on the request and then answer questions. � ACTION REQUIRED Conduct a public hearing to consider an amendment to Section 4.17 of the Zoning Ordinance that would prohibit the use of wood frame construction within the City's Industrial Zoning District and make a recommendation to the City Council. JED/KLB:kkb 95-02FIR.PC � CITY OF MENDOTA FiEIGHTS NOTICE OF HEARING May 3, 1495 TO WHOM IT MAY CONCERN: NOTICE is hereby given that the Planning Commi.ssion of Mendota Heights will meet at 8:30 o'clock P.M., or as soon as possible thereafter, on Tuesday, May 23, 1995, in the City Hall Council Chambers, 1101 Victoria Curve, Mendota Heighte, Minnesota, to consider amending Section 4.17(3) of Zoning Ordinance No. 401 to add language as follows: 1. All buildings within the B and I Zoning Districts shall be of steel, reinforced concrete. Type III construction, masonry construction, or an equivalent or better. No building shall be constructed of Type V construction. This notice is pursuant to City of Mendota Heights Zoning Ordinance No. 401. Such persons as desire to be heard with reference to the proposed Zoning Ordinance Amendments will be heard at this meeting. Rathleen M. Swanson City Clerk • Auxiliary aids for disabled persons are available upon request at least 120 hours in advance. If a notice of less than 120 hours is received, the City of Mendota Heights will make every attempt to provide the aids, however, this may not be possible on short notice. Please contact City Administrator at 452- 1850. ' f � CITY OF MENDOTA HEIGHTS i� • March 3, 1995 T0: Mayor, City Council and City Administra o FROM: James E. Danielson, Public Works Kevin Batchelder, Administrative Directd,� Assistar�.�l,� �/ SUBJi�CT: Zoning Ordinance Amendment - Building Construction . Requirements in Industrial a.nd Business Zone Paul Kaiaer, Fire Marshal, hae requested that the Planning Commi.ssion and City Council consider a cha.nge to the Zoning Ordinance that would upgrade the requirements for structural materials and construction for all buildings in the "B" and "I" Zoning Districts. Mr. Kaiser is concerned about wood frame construction for commercial and industrial buildings, such as the recently built Heritage Inn. (Please see attached Planner's Report ) . . Mr. Kaiser is proposing that Section 4.17, General Requirements�for the Business and Induatrial Zones be amended to add a paragraph requiring all buildings in the "g" and nIn zones to be built with Type III construction. Basically, Type III construct is steel reinforced, concrete, masonry or an equivalent or better. The Pla.nning Commission'felt this was an appropriate change. • United Properties has aubmitted a letter in opposition to this proposed requirement. United Properties feels that fire and building codea provide adequate fire safety protection and that this revision to the Zoning.Ordinance may limit the land uses. (Please see attached letter from Mr. Dale Glowa). RECONIl�NDATION The Planning Commission voted unanimously (7-0) to forward a draft of the Zoning Ordinance Amendment to City Council for comment. The recommendation also requests that City Council order a public hearing for the March 28, 1995 Planning Commission meeting, as required for all Zoning Ordinance Amendments. ACTION RE4IIIRED Consider the draft Amendment to Section 4.17 of the Zoning •- Ordinance and provide a.ny comments or direction to the Planning Commission. If the Council desires to implement the recommendation of the Plan.ning Commission, they should pass a motion to order a public hearing for March 28, 1995 to consider this Zoning Ordinance - Amendment. . = JED/KLB:kkb e ' 02Y22195 10: Q� 5�612 33T 5601 DSU. INC. -.�.• lfENt?QT� HTS IKr,OfiFcia.� iYn �:�NSULTIN� PLtlNiQEttS LANpSCAPf, AR{;ElITLt:TS 3QQ TtRST RV�NUE l�tt�K't'FJ _ SUl!'� 21Q MINNEAP�LIS, MN , sa01 613•339•3i00 p,LA3vI�i7N'fi �t�'ORT I3�►.TE: - • APPi.ICANT': ' ' . A�l.IC?lY 3i�:C�1JESTF•D�: ► � • • rl� R Y • 0 rr.�►x�.vG coxsm►��xaxs � Background Febsuary 28, 1995 0 0 @� ao2 Pasallvt Kaises, Cary afb2eadota �%ights F'ue i��tar�sh�11 . . Zoaing Text AmeadmenfilBu�ding . Conshuc�ioa B�equirem�enis ia lndttsaiat aad • Business Zones . C. Joha Uban I�ndotaSeights F'rr� M�rsh�11, Pa�il.� ha� bee�t ca�d about the type of wood coustcuc�tzoa that has tak� placc With tIu �3rxitag� Iim sad Co�rtyard Motels. Ti�ese ai+� bu�t out of Tppe Y a��ials �rf�ich is pfimann'!y woad con�uctioa �d �+ea wrth �� Prese� a gnea�er fua hazard thaa st�et aa�i coac�te or masonty can.Stxa+�aioa All ofth� oth�r iadurstzisl and busiitess but�din,gs bw'It by Unitcd Pmperties have bc�a bu�i wit,� mara 5re proaftppe coast�ucti8n siich as Tylae IIL In arderta �ssurc future buildings az� but�t to fu� safc�► standards more applicablc to tha desires af the Gity's F'ue 17epartcnent, the followin,g tc�t is bein� propased for amendment to t�zc Ceneral Performar�ce Section af the C'it.g Zoning Ordinance. The Cit�+ of Bloomingkon also bas sims�ar Pl�ra� in ihe'sr ?.oning Ordinanc� ta coatml builduxg types Within ccrtaia ztmes. Zoning Section 4.17 the G�aearai Reqc3iretaeats Sor th� 8usiaess and Indu�sfrial Zoncs and Subsection (3� covers the built�ing desiga and cons�cvction wit�un #hase aoniag distri.cts. The te�ct am�eudmeai is propascd to be �aserted into tiaax sectian UN1'TED P(�QPEF�TIES DEVELQPMENT CO�tPANY February 28, 1995 Mr. Kev1n Baicheider City of Me�dota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: PROPOSED ORDINANCE CHANGE Dear Kevin: We are in receipt of the proposed zon(ng amendment as it retates to building construction requirements in the industriat and business zones. It is unlikely that United Properties wili have a representative p�esent tonight at the PJanning Commission meeting. therefore we feit it imperative to submit this letter expressing our concems for the proposed changes. We share the City's concem for fire safety within its commun'rty. However, we believe that the elimination of Type V materials is unnecessary. It seems to us that suiiable fire protection featuces currently exist making wood structure buildings safe. We assume that the City will continue to altow apartment comptexes to be deve(oped within=its community which must meet minimum fire protection standards. Aren't the standards simitar for certatn low-rise moteUhotef projects. restaurants, and smatl retail st�ip shopping centers? United Properties' concem is that you are unnevessarily impacting the Mendota Heights Business Park sites that are likety to be developed with comme�cial properties. This timits our abtliiy to ma�cet tand and attract desi�abie businesses to Mendota Heights. We respectfuily request ihat the proposed osdinance changes be reje�ted and instead. rely on the fire codes as it relates to speciiic constructton types. We thank you for your co�sideration of our opinians. Ve ruly yours, Dale J. Clowa Senior Vlce President DJGlklb � 4.16(2j Plans for and sewer systems of 6MCAR Sec. Standards for 40) . � 4.17 � 4.17(1) n: • � installation of private on-site sanitary shall be in compliance with the provisions 4.8040, Minnesota Pollution Control Agency Individual Sewage Treatment Systems (WPC- GENERAL REOIIIREMENTS FOR AI�L ��B�� ' AND ��I�� ZONING DISTRICTS ' - . �- All applications for building permits shall be submitted for City Council approval and shall.comply with the provisions of Section 19.4 of this Ordinance. - 4.17(lja Where building permit applications for interior work on existing structures located in the ��B" and "I" Zoning Districts are applied for, the Code Enforcement Officer shall issue building permits upon compliance with local codes and ordinances. 4.17(2) � 4.17(3) On a corner lot each side abutting a public street shall be treated as a front yard. . $uilding Desiqn and Construction 9 In addition to meeting the other requirements of this � Ordinance and the requirements of the City Building Code as to structures,•all buildings or structures in this district shall meet the following standards: � 4.17(3)a Buildings shall be finished on all sides �with permanent finis.hed materials of a quality consistent with the standards set in the district in which it is located. � Exterior wall surfaces shall be any one or more of the following: 1. Face brick or naturai stone. 2. Professionally. designed pre-cast concrete units if the surfaces have been integrally treated with an applied decorative material or• t�xture, or decorative block if incorporated in a building design which is compatible with other development throus�hout the district. 3. Factory fabricated and finished metal framed modular panel construction, if the panel materials are any of those listed in 1 or 2 above, glass, prefinished metal (other than unpainted galvanized iron) or plastic used in accordance with the building code requirements. 4. No building exterior shall be constructed of sheet aluminum, asbestos, iron, steel, or corrugated aluminum. (401) 29 4.17(3)b 4.17(3)C 4.17(3)d 4.17(3)e Subsequent additions and other buildings or structures constructed after the erection of original building or structure shall be constructed of materials comparable.- in quality and appearance to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. - . All trash and trash handling equipment shall be stored = within the principal structure or within an attached structure accessible from within the principal structure. Design and maintenance of off-street parking and loading areas shall be in accordance with Section 21 of this Ordinance. Garages, accessory structures, screen walls, and exposed areas of retaining walls shall be of a.similar type, quality and appearance as the principal structure. 4.17.(3)f All ground level and rooftop mechanical utilities shall be completely screened with one or more of the materials used in .the construction of the principal structure. Where practicable, rooftop screening shall be accomplished through the use of parapet walls. 4.17(3jg There shall be no outdoor storage of either materials or products, except through the issuance of a conditional use permit. . 4.17(3)h ' All structures shall be compatible with other structures in the area. 4.17(3)i The light from automobile headlights and other sources shall be screened whenever it may be directed onto . ' adjacent residential windows. 4.17(4) � Landscave Plan Requirement Landscape plans prepared by a registered landscape architect shall be submitted as part of the application for building permit or site plan approval. Landscape plans shall be drawn to a scale of not less than one inch equals 50 feet and shall include the following information: 4.17(4)a Boundary lines of the property with accurate dimensions; 4.17(4)b Locations of existing and proposed buildings, parking lots, roads and other improvements; (401) 30 � � � � � _ � � � '!. Building Officiais and Code Administrators International, Inc., Chicago. Illinois. 2. Southern Building Code Congress. Birmingham. Alabama. 3. •' lnternationat�'Cbnference of Buiiding Ofiicials, Whittier, Caiifomia. 4. Natianal Fire Protection Association� Quincy� Massachusetts. • Code Clarification: Since same iice service personne! may not be farniiiar� with tCie brief de- scriptions of construction types given� the follov�ting� more detai�ed explanations are providecl. . . 't. Fire Resis#ive � , • A totally.non-com6ustibte building in which �a structural steei is exposed and af! verticat openings are protected by approved doors. The fire resistant covering of the steei is typically ' very heavy; poured concrete, brick, concrete block, or simitar material. � NOIV COMBUSTIB�E , ...�....��-./ .. . . . . . ,. . . . . . � ��� �� CONCRETE OR PRClTECTED STEEL THROUGHOUT {2 ttR.j l 3. Profected Non-combustibte A totatly non-combustibte buitding in which no siructurai steet is exposed. Ali� verticat openings are protected byapproved doors. The fire-resistant covering oi the steel is typicaliy �_ light: gypsum boardr sprayed fire resistive covering� rated ceitings� and similar materials. NON COMBUSTIBLE: . t . '• _ � - / �� . � � � CO(VCAETE OR PROTECTED sr�F�. ?HROUGHOUT (1 NR.j 0 . � 5. Protected Ordinary �- The {oad-bearing watts are masonry. Columns are protected by a fire-resistive covering. The underside of all woad floar and roof decks is protected by a fire-resistive coating. ' � connausnei.e: e 93 PROTECTED • WCt00 ROOFS AND FLOQRS (i HR.) EXTERIOR WALLS OF SUBSTANTIAL MASONRY � � m � - � - - . 2. Heavy Timber . A ty�picaf mill-co�structed building in which the load-bearing walis or columns are masonry or heavy timber and all exposed waod members have a minimum dimension of� two (2) � . incties. If steel or iron columns are used, they shouid be protected by a fire-r istance . � enclosure. ' • • ' COMBUSTIBLE: . :� � 91 STRUCTURAL MEMBERS OF SUBSTANTIAL TIMBER CONSTRUCTION EXTERIOR WALL OF SUBSTANTIAL MASONRY OR TIMBER l � � - ?. Protected Wood Frame . Walls, floors and roof structure ar wood framing. The interior wall and ceiling surfaces of . � habitable spaces are•protected by a fire resistive covering. A brick veneer building falls in this � ' category because the wall structure is wood framed. But for ariy wood frame building if the � basement does not have a fire-resistive ceiling protecting the underside of the first floor, the buiiding should be classified in the "unprotected wood�frame" category. . COMBUSTIBLE: • � WOOD ROOF. WALLS AND FLOORS PROTECTED BY 1/Z" GYPSUM BOARO EXTERIOR WALL BRICK VENEER OVER WOOD 8. Unprotected Wood Frame Walis� floors and roof structure are wood framing. There is no fire-resistive covering protecting the wood frame. A typical residential gar�ge would fall in this category. COMBUSTIBLE: 4d , EXPOSEO WOOD THROUGHOUT .j I's5 . T, . � ; . < `t��' ,; .: M..y y:i+; {►�r.r . .; ::: . .,,.� t .:,:i, �.n`. , �� � ,_. . . ,,,,.... .. TABLE NO. 5-�BASIC ALLOWABLE FLOOR AREA FOR BUILDINGS ONE STORY.IN HEIGHT� (in Squaro Feet) OCCUPANCY FR. A-1 UnUmited A) 2-2.1 Uallmited A 3-4= Unlimited B 1-2-3� Ualimited B-4 Unitmited B Unllmitcd H-1 13,000 NE-HOUR � N � ONE-HOUR � N � H.T. � ONE-HOUR � N Not Permitted � � 13,500 Not 13,500 Not 13,500 10,500 Not Permitted Permitted Permitted 13,500 9,100 13,500 9.100 13,500 10,500 6,000 18,000 12,000 I8,000 12,000 IS,000 14,000 8.000 27,000 18,000 27.000 18,000 27.000 21,000 12.000 20, 00 13,500 20,200 13.500 20,200 15.700 ' 9,100 5,600 3.700 Not Permitted H Z� IS,000 12,400 5,600 3,700 H-3�-S� Ualimited ,800 t 1.200 7.500 ii-�9 Unlimited 39.900 18,000 12,000 n 1-2 Unlimited 15,100 6,800 Not Pertnitteds I-3 Unitmtted 15,100 � M� R 1 Unllmiud 29.900 13,500 R-3 �For moldatory 6roildinaa � ne Section SOS (b). - �Fot Ihn{tntons and atapdona� aee SecHan 602 (a). �� P�nE B�E�� xe Secdon 909. B � 4Sa SecUon 903. SSce Secdon 1002 (b)• aFor agicnitu�l buildings, sce aiso Appendiz Chapter 11. �'�Fot limhttions md excepdafla, aee Section 1202 (b). , sIn hospttals md muaing hrnnea, see Secdon 1002 (a) for exception. ., (. j i �o � m 0 � O Z 5,600 3,700 5,600 4.400 2,500 11,200 7�500 11,200 8,800 5.100 18.000 12,000 18,000 14.000 8,000 6,800 Na 6,800 5.200 Not �� Permttted Permitted Not Permitted� . . . . � Cha 11 13,500 9.100'► 13.500 10,500 6,000� Unlimited • N-No requimnents for fite resistance F.R.-Fim Raistive N.T.-Heavy �mber � 'olice i�ivestigate �rmed robbery Richfield palice are investi- iting an arme.d rabbery report- i April`6 behind Grace Church, l01 Nicollet Ave. According to a police xeport, vo suspects stale $800 and �oes valued at $100 from the ctim, wha was riding in one ispe�t�g oa�: The victim was picked up by ze of the suspects ai the '7500 :ock of Lyndale with the under- :anding he 'would buy vehicle ms from#he suspeci, accarding , the report. ' • A second suspect drove up be- �ind and gat into the first vebi- .e. Both suspects then drew andguns and �robbed ths vic- m, the report states. � � lumps�er Thxee dumpsters were re- orted ablaze Agri19 at Wendy's estaurani, 6500 Lyndale Ave. Police and fire fighters ar- ived on the scene at about 3:14 ..m. Fires in the three west-side iumpster had spread ta an over- �ang on the restaurant. Damage to the overhang wa :St�atea �t ��oa. Police are investigating th ncident as a suspected arson. vlivaneapous man °:�ll.ed in � accident A Minneapolia man was :.illed Apri19 in a multi-vehicle .ccident on Intexstate 35W in tich�eld. � � Terrance Lee Johnson, 40, PUBLIC SAFETY was pronounced dead at the scene near ?Oih Street at about 1;35 a.Yri. He was traveling northbound, on the I-35W when ihe accident occttrred. Johnson lived at the 8300 block of Bryant Ave. S. �� � t�$ S��a ��� f�- tality ta occur in the city of Rich- field this year, No further details were avail- able at preas tiume. Dispute� at work �.eads to stabbing , A dispute betwesn two co- workers ai an EdenPrairie bus% ness resulted in a atabbing inci- dsnt Aprii 12: Eden Prairie police arrested a 25-yeanold R.ichfield woman on suspician of �rsi-degree assault at GN Netcom Inc., 7,688 Exequ- tive Drive in Eden Prairie. Accorrling to the repart, the female suspect allegedly at- tacksd a 33•year-old ma2e cp- worker with a serratedknife and stabbed him in the farearm. The two apparently had been arguing aliout a maney isaue, .the repart said. . The victim was taken ta F�irview Southdale and treated, PaHce are caniinuing their in- vestigation. Charges will be pur- sued through � the Hen�epin County Attarne�s office. The foliawing reparts were made by the Richfield Poliae De- partment the wesk ofAprilS. Thefts • A $4,Op0 vehicle was re- parted stolen April 5 whi2e parked at the 90U block of ?7th Street. � • About $1,0�10 in damage .� was don� fi,o a vehic2e doar a�c% steering column in an attempted .car theft reported Apri16 at th� 2200 block of 74th Straet. �• A car stereo and other items valued at $1,545 were reparted stolea April fi from a vehic2e a� the 7600 black� of Knox Avenue. The vehic2e daor and dash sus- tained abont $425 in damage. • Ttems vaiued at $2,440 were reported• stolen April 8� from a vacanthouse at the 6400 block af Siandish Avenue. • • Bucket se�ts valued at $1,600 were repoited stolen. Apri1 9 from a vehicle at Rich �.�� fieldlBloomingtan Honda, 40'0� . ?8th Streei. A $200 vehicle win � dow was broken to gain entry. . B1iI',�Zal"��S . .. • • •A bicycle was reported stalen April 8 in a burglary at the 100 black of 68th Street. It was believed recovered by police. • Nothingwas stalen in an at- tempted burglary reported April 11 at the 6540 block of ist Av- enue. The victirn discovered the suspect hiding and told him� to leave, which the suspect did. • Items �►alued at $571 were reparted stolen Apri111 iri a bur- glary at a residence af the 7fi00. block of Penn Avenue. ' Other - � • A man was arreated for ag- gravaied assault April $ for cut- ting an acquaintance's hand with a knife at the 7500 block'of � Cedar Avenue. nwu�m�u ou�r+.uuouurrau�ta�ut�yr Hp111 t`3� 1yy5 7A NORTH 11►�LET�O � . ' � L�sttiscapiag Iuc. • PItOFE88IONAL IYE3I(3N �'t I.ANDBCAPE BEI:VICLS Yaur aut�oar �nvironment is importan� � rof�ssional staff assist you in dev�topmg your idr.al landscape. Our �er�ces inclnde: • Retaitting Wallu • Czantive Plautings • Faver Patto ik Wilkwnys • Ontdaor iightia� + IrrigB#ioa 5ys#ems Also . reparted were four threats, three incidents of ha- . ,� rassment, five cases of driving while iniaxicated and 19 the#is of items and cash no more than $140. ' ��. •. -r.. . ..r... - M..w.....,:;,:.:`�t�..�::_� _. . A quaUty landscape ts a sound Gweshnent fhat enhances the tz�tue ofgour ham� 497-4898 . Srzvii2g tha fnntln meiro area •. � � V� � � �� . ' : e� Y. `lYt �e>�f���C)Yt ..� �� . - ..� ���YZ:: �1��P-1 � .. .•'�aturdczy,�4'pril 22, 9 a.m. - 6 p.m.. �� Frec tcfrtshmtnts, €rse tou�s of tiie ��••• grawing arta� Bring the kids! ����GREENHOUSES Agracmgaadi6onsinre I94I b424 Fenn Ave. S. • M3nneapalis : M-F q.8 : Sat 4-b . Si�.10-5 •wn�-k q,n :�� .. . �. . • . . . ..r . . •�., ._... _ ���/'i . . CITY OF MENDOTA HEIGHTS n�MO June 15, 1995 To: Ma.yor, City Council and City Ad ''s From: Kevin Batchelder, Administrative Assi James Danielson, Public Works Director Subject: � Case No. 95-02: City of Mendota Heights - Tree Preservation District The Planning Commission has been working on a draft Tree Preservation Ordinance since December of 1994. Council reviewed a draft ordinance on March 7, 1995 and ordered a public hearing be held by the Planning Commission to consider the proposed ordi.nance. Ttie Planning Commission conducted public hearings in April and May and has forwarded a recommended Tree Preservation Ordinance to City Couacil. (Please see attached.) In addition, on March 7, 1995, City Council ordered a Tree Removal Moratorium until such time as an ordinance may be considered, or until September lst, wlrich ever occurs first. Please see attached Resolution 95-15, Adopting Tree Removal Moratorium.) On 7une 6, 1995, Mr. Robert Prior and Mr. Sten Gerfast presented City Council with a petition during the public comments portion of the Council meeting. This petition was signed by 103 individual residents who oppose the adoption of the Tree Preservation Ordinance primarily on the grounds that properiy rights should allow individuals to manage the trees on their property without license from the City. The City has also received correspondence on the draft Tree Preservation Ordinance, both from residents opposed to the ordinance and in favor of the ordinance. (Please see attached petition and conespondence. ) DISCUSSION The proposed Tree Preservation Ordinance is a complex document that took the Planning Commission many months to arrive at a final version. One of the most diff'icult aspects of the ordinaace was whether or not to include the regulation of developed single family lots. Although there were differing opinions on the Planning Commission about this issue, it was passed out with a positive recommendation. The draft Ordinance is designed to function as an Overlay District, similar to the Critical Area Overla.y District. An Overlay District provides an extra. level of regulation in a given area that compliment, or exceed, the requirements of the Zoning Ordinance. The Tree " Preservation Overlay District, as proposed, incorporates the whole city. As proposed, the draft Ordinance restricts tree removal under certain conditions and establishes standards under � which a permit must be sought from the City. Permit application procedures are proscribed ' and approval of Tree Permits require action by the City Council. In certain cases, tree replacement is required and standards are established to provide for tree replacement. An Apri119, 1995 memo to the Planning Commission is included in your packet that discusses administrative burden and cost, as requested by the Planning Commission. The Mayor has requested that this item be placed on the agenda for discussion in a manner sunilar to a"First Reading of an Ordinance", due to its complexities. City Council should discuss the intent and the goals they would like to achieve with a Tree Preservation Ordinance. When these goals have been clarified, the draft Ordinance may be compared to see if it meets these goals and intentions. Because some ti.me has passed since the formal Public Heari.ngs were held at the Planning Commission, City Council directed staff to advertise by press release in the South- West Review to notify residents this item would be considered at the 7une 20, 1995 meeting. A press release was sent to the South West Review, however, they covered the issue with their own article announcing the time and place that City Council would consider the draft � Ordinance. (Please see attached article dated 7une 14, 1995.) In addition staff has sent mailed notice to those people present on June 6, 1995 who desired to be individually notified. RECOlVIlVIENDATION The Planning Commission voted 7-0 to close the public hearing. The Planning Commission voted 6-1 (nay: Dwyer) to recommend that City Council adopt the Tree Preservation Ordinance, as proposed. ' ACTION RFAUIItED Discuss goals and intentions of the proposed Tree Preservation Ordinance. Determine a course of action on praceeding with the recommended Tree Preservation Ordinance. Attachments w �_��:�:::� �.: ;�: ::;. :?3;;;;i..+s�i�4;?3 ::�#�# �,��� ;x:9�,:?:;; t . . . !•' ��� > :` � � 1 �, 2A Sii. St Paul/Inver Grove Heights� West SG PauUMendota Hetghts Sun•Current/Wednesday, June 14,1995 � Tree removal moratorium splits Mendota Heights � By Karla Berg Stafi Writer The tree removal moratorium enacted by the city of Mendota Heights on March 7 has some residents up in arms. `�'he city should not really in- terfere in what we do in our back yard," said Sten Gerfast of Men- dota Heights, who co-authored a petition against the moratorium. "We think that if this would at least be known to people they would be very much in favor of the petition," Gerfast said. Gerfast was surprised to •learn in May that a moratorium had been enacted in March. He believed the city didn't give enough nptification• to Mendota Heights residents. - Gerfast and Robert Prior of Mendota Heights brought their petition and a few supporters to the Mendota Heights City Coun- cil meeting on June�6. "We're concerned about the involvement of government in our lives," Prior told the council. "It restricts the use of.our own property." Mayor Charles Mertensotto said the six-month moratorium was'enacted."to get souie imme- diate control." � • The council was shocked when the property at the end of Pilot Knob Road, which can be seen as you drive east over the Mendota Bridge, was clear-cut by a developer. "Tt wasn't against the ordi- nance to cut the way they • cut," City Administrator Tom �Lawell said; `That's ,part�of the rationale the council used in adopting the moratorium. They didn't want to see that happen at other sites." "How many Mendota' Heights citizens were asked before- hand?" Gerfast asked. "We didn't have any public hearings on it," Mertensotto an- swered. "Iri matters where they think there is some urgency," the coun- cil can pass items like the tree removal moratorium without a public hearing, Lawell said. Councilmember John Huber .pointed out that the moratorium is concerned primarily with de- velopers. Lawell said he thinks people have misunderstood the tree re- moval moratorium. • `�'he moratorium is not very strict on residential lots," Lawell said. Public Works Director Jim Danielson said trees can be cut down without a permit if they are desii or diseased; dangerous; located within suc feet of a house; interfere with a public utility; or trees less than 18 inches in di- ameter on residential lots less than one acre. � The moratorium ends at sun- set Sept. 1 or when a Tree Preservation Ordinance is en- acted. The council plans to discuss a draft of the �Yee Preservation Ordinance during a public hear- ing at the next City Council meeting June 20. For more information about Gerfast and Prior's petition, res- idents can call Gerfast at work, 733-9859, or at home, 454-1923. • -- -----�—� .. Fii}f%}��`S�f��, , •;• •; :• �:�•2�`''" :ffi;;%2%`17t::Ys���`�:� '>f2. <:;' j ��7 �5 tF: ;�.�f ';�: �'�f �, , , �<< �� t � }?ttiji?};�� ;�: � <ii. ! � ��?� v i�fiFf�'1f#ii;3�yt�}�7`�s`�f� ��;.i c���i;e '�>'• .� r in �i�f..,�t:,, �.•. '� .r,.F:;;�, ; €. <.t t.. :tii: ., <'r: , _ :�.s:,,�}�<;7,� ,.,f�, t�'�n•'s•>.,<.,; , ..n,. . . .. . .. .. . , . , . . I — .eti._1,T.t��'��� � .... ' ' .v..r.Yr . . . � . . ... . ... • .. .. . . i$<:a •?�r ��ii:i n;::•: >;�.' �i: ..,:�• ,� . au:;. 2:: •;'�:.;.;... . .:0�, ••t;: ,..•r�..: �:i�` L%5�.: ,jy:;,,: "2f: • � . :, s. � yt: ri�f �w,:�t:: .is. %�::i:' :•�': .4..:..: � ��`�:i � . 2 : i�: :•.>�'. < �'C� f , G� .+:�' ��i�. '�<° ' e•r. . '�i•: ?�� •:� .t';`: � .: }... . :•i � .5�<Sw . �:5:` + � f�'' .�> �`� 2. . < �' i: <7 S" ':f: . <<. %i�:%''•� . .S•.4� . . . . `if � ��C.�1`�+�y ``��, ';;;:;;;;7y':-�,ti ki -r. 7' s :.>• � <. f., ':2.... . .}w . . ' � � a•� .Sr.�' . . < . :�<`: �i;� ..}: .<� ti � � ! . . �'.` ' .. . , , , . ;���. • . . , . . . ... . ._ .. . . . . , . -' . . . • . , , . . . ��,i; .. ' _ r�drew � , 5 • Thursday, May 25, 1995 Mendota Heights City Council 1101 Victoria Curve Mendota Heights, MN 55118 r Dear Mayor Mertensotto and Council Members, 1r��S r�e S I found the enclosed petition by mailbox yesterday. �l . � . '� � I do not support the petition. I feel in a community like � ��� Mendota Heights the council needs to be concerned about the environmental impact of each homeowner. •'� I am aware, as with any ordiance, it is possible to ask the council for a variance. On my property, purchased September, 1993 I have eight cotton wood trees. -- They are huge trees and very dirty trees. Last summer l did remove lots of grape vine and small shrub trees to clean up the back yard. This area had become a dumping ground for "neighbors". However, although I do not app�'eciate the cottonwood seeds each year I feel removal of my trees would have a big impact on the look of the neighborhood. I am sure my close neighbors were shocked by the new look of my backyard after it was cleaned up of• thi� overgrowth. Your ordinance would not have prohibited me from cleaning up this part of my property. It would, however, not allow me to cut down my cottonwood trees. It does allow me to keep them properly trimmed so they do not become "ugly" trees. This proposed ordinance is good for the whole community. Living in a city does require the lose of a few freedoms for the � betterment of the whole city. I thank the city for the opportunity given homeowners to purchase trees. Mature trees are what make a community appear to be my picture of an ideal living area. I do hope this petition is not supported by ma.ny homeowners. The sil�nt majority is asking to be heard by their elected officals. / �� ,, �„�. . Yours uly, / �1t'`� � - . Thomas Edwin Koepke .. ' �,�1 ' ,.�/ �. •' - � - r� , � � '�/i � i 539 J°�'� S�ree� �,e�do�a Hei9I�t5, �1���eS°�a 55�,8-�84� 6,2 - 6s6.- 052� �� 5 I � 1 f �js Robert E. Prior 2455 Hampshire Court Mendota Heights, Minnesota 55120 (612) 688-6330 May 16, 1995 Honorable Charles Mertensotto City of Mendota Heights 1101 �ctoria Curve Mendota Heights, MN 55118 Dear Mayor Mertensotto: I read in the latest edition of Heights Highlites about the recent action of the city council, and i felt I must�write to voice my opinion. The issue I am referring to is the lead article concerning a new Tree Preservation Ordinance. I am completely opposed to this plan I believe the purpose of government, particularly city government, is to serve the needs of the people...not trees. It is a violation of my rights of 'property ownership to prohibit me from removing a tree, or all of the trees on my property, if I so choose. If any one of my neighbors elects to remove a tree, that also is their right. It is not the right of government to dictate on this issue. To assume you should protect trees is wrong. Please reconsider this decision, and allow the people who made a choice to elect you, make a choice about their own.trees. a you, . / "-' Rob rt E. Prior 9 f i ��� C�- � 3 -�� June 5, 1994 " 0 City Council of Mendota Heights 1101 Victoria Curve ' Mendota Heights, Mn. 55118 Dear City Council Members, I am writing you today about the Tree Preserva�ion District ordinance that is before you. I• am very much in favor of this ordinance. It is discouraging to see contractors coming in and cutting down every tree where they are going to work. As you probably have discovered by now there are some complaint regarding the ordinance from homeowners. That is human nature, the homeowners do not ha.ve all of the information regarding the . ordinance that is before you. You as the City Council must help the homeowners understand the ordinance. This can be done by educating people about the ordinance and -' about trees in general. People do not know a lot about trees in their yards. That is why people are complaining about it. � You as the City Council will find that the most diffcult part of about this ordinance will be educating the public about trees and tree care. There are many ways that this can be done. Calling people at home does not work well. Another way that is better is to have education stands in the shopping malls around the city. Once the people have the needed infoimation, the process will go a little smoother. T'his is the hardest part of getling an ordinance into place. I da believe that the restriction, any trees which are 18 inches in diameter or less . Should be lowered to 24 inches in diameter. The reason far this is that it takes 2(3 years or more to have a tree reach 18 inches in diameter. There are nc�t many trees of tlus size #ree in the City af Mendota Heights. If there is any �zing that I can help you with please let me know. SincerelY, Chris E. Riley Urban Forestry Student � � FROM: CITY OF MENDOTA �iEIGHTS April 19, 1995 - �Zanning Cou3ma.ssion James E. Danielsan, Public Works Kevin Batchelder, AdminisCrative Direc ar Assist SUBJECT: Ca.�e No. 95-02: City of Mendota Heights - Tree Preaervatian District Ordinance Public Hearing D=sccr.�s=oN At the February Planning Commission meetingJ the Cammission finalized a draft Tree Preservation Ordinance a.nd aent it to City Cauncil for comment, review and to autharize a public hearing. In -'� addi�ion, the Planning Comm3.ssion recammended �hat a Tree Remova.l Maratorium be adopted pending approva.l o� a Tree Preserva�ion Ordinance. Qn March 7, 1995 Cit� Council adapted the Tree Removal Moratorium aud ordered that a�public hearing be acheduled at the Planning Commiasion on April 25, 1995 to conaider a Tree Preservation Ordinance (See attached Mora�orium}. Councii was asked to respond or aubmi� comments on the Draft Ordinance. Councilmemher Rrebsbach has .indicated that it is hez intent that this Ordinance does not impact individual homeowriers, only new subdivisi.ons and large wooded properties. No other comments were received. • Administrative Burden and Cost' The Planning Commi.ssion also directed staff to review the Draft Ordinance and report on adma�nistrative burden and coat. Staff has the following camment�s; � 1. Moratorium E�erience - The experience we have had to date has been with several new single fama.ly homes and �wo institutional land uses (church an.d golf course}. a. Single Fam.ily Homes each require a review of tree resources before authorizing a building permit. This requires a plan check and a site visit �.hus adding an. ests�ted Z-2 hours of review ti.me to each single fami.ly building permi.�. In 1994, the Gity issued 51 single family bui.lding permits . Sn additian, 10 c�ondo penn:i.ts were i�sued, 364 misceilaneous permits (decks, roofs, r�models, etc.) and 69 Commercial Industrial. (See attached Building Activity Report for December, 1994). < b. The City also has received several telephone calls reporting violations of the moratorium, which require site visits by the Code Fnforcement staff. c. A tree permit approval has been processed through the City Council for Royal Redeemer Church. Mendakota Country Club had made plans to remove some trees as part of a course realignment, however, the need for a tree permit delayed the process past the time of year in whi�ch the ground was frozen and they will wait until next winter. Both the Church and Country Club were upset with the inconvenience caused by the delay in their plans. 2. The administration of the proposed ordinance is expected to involve more staff time than the moratorium as tree replacement pla.ns will need to be reviewed and inspected. a. In those cases where a Tree Permi.t is required in conjunction with a planning approval, such as Wetlands or � Subdivisiori; the Planning Consultant will simply include the review as part of the Planner's Report. The �" Ordinance will provide standards and criteria for reviewing applications. Follow up a.nd inspection to ensure compliance will have to be completed by the Code Enforcement Office. b. In those cases where a Tree Permit is the only�approval needed, it is estimated that staff will spend three hours minimum, depending on complexity, for applicant education, plan check and site visit. Following this � review, a report to the City Council is n�cessary, and � assuming permit approval, a notificati�on (permit) must be • issued and inspection for compliance must follow. Administrative ti.me in processing reports, permits and inspections are estimated to be another two hours. c. In the cases where a replacement plan is necessar.y, the review of a tree inventory may require the expertise of a City Forester to review the plan and conduct a site visit. Review of tree replacement plans will require the expertise of a forester. d. The production and administration of written agreements to replace trees, as required by the Ordinance, appears to be complex and will use additional staff time. It is difficult to estimate how much time will be involved to administer these agreements, and to determine, after two growing seasons, the release of an escrow security. The burden to inspect after two years increases the liability that errors or omissions may occur. m Public Hearinq A public hearing has been scheduied far 8:15 a`clock P.M. Published notice in the Ci�y's official newspaper, the SouthWest Review, has been�completed. In addition, there ha.a been news articles covering this issue. Attached you will find a letter Erom Mr. Joe Stefani, a£ormer�Planning Commissianer. ACTICIN Ris'QIIIRED � Conduct the public hearing on the Draft Tree Preserva.tion ' Qrdinance and m,ake a recommendation to Gitg Council. ;� . . � e d 0 CITY OF MENDOTA SEIGHTS DAROTA COIINTY, MINNRSOTA '-" RESOLIITION NO. 9 5= 15 A RESOLIITION ADOPTING A TREis REMOVAL MORATORIIIM �PSEREAS, ir� the interest of public health, safety and welfare, the City of Mendota Heights hereby declares a moratorium for the period hereinafter described on the removal of any tree from any property in the City of Mendota Heights without first obtaining a permit for such removal from the City Council, and WHEREAS, the only exceptions from this moratorium are as follows: a. Dead trees. b. Diseased trees which a qualified forester has determined require removal. c. Trees which the City Code Enforcement Officer determines pose a danger to persons or property. d. Trees located in a Foundation Planting which for purposes of this Resolution are trees whose trunk is within six feet (6') of a dwelling house. e. Trees which are located in and..�interfere with a public utility easement or drairrage easement. f. Trees on occupied residential lots of less than one acre which are less than eighteen inches (18") in diameter. NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that this moratorium is imposed pending the development and adoption of a tree protection ordinance for the City which is currently in the process of being formulated. This moratorium is effective on the date this Resolution is adopted and shall continue in force and effect until September 1, 1995 or until a tree preservation ordinance is adopted whichever first occurs. BE IT FIIRTHER RE50LVED that the City of Mendota Heights shall be liberal in its grants of permits hereunder to accommodate the development of property within the City and may authorize Code . Enforcement Officers to grant permits under this Resolution in connection with the issuance of building permits for single family homes which are not part of a development. � .- BE IT FURTHER RESOLVED there will be no application fees or permit fees. Adopted by the City Council of the City of Mendota Heights this 7th day of March, 1995. • . ATTEST � ���/// g .�.�.�-- thleen . Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By ��� �� G��,,.-� -..r�' Charles E. Mertensotto Mayor �ll � -� C ity o� .�.. . �;1Viendota Heights TREE REMOVAL PERMIT APPLICATION Applicant: �,� ���r.i 2 ill �r2 Tfc �-�► s�Z Address: f o� p �� c— � L �, /t-� c� 2� �- ��� cf/ Owner: ��c �}-S l-�-%3�s vC— , Address: ��1-y*�. C �- 5 �i3o � �- ' Contractor: /v v � � Phone: t-( S �( -- �� �� o� C��l�i ��`� �r `-f Date: .�'�r� r �i S ,_ Tree Removal Location: 1��,-� c C ��t-�1� Number of Trees to be Removed: � No. Size "l �i � 't.Gt�l/� O � i'1� � l �Q � � D �'4' �l � �� � � � �L � 1 � � � E1-,v1 Approximate Removal Date: �U � GL- a.� r�t.-2 ��1.� r`�/S Sigaature: Approved• (Applicant) (By/Date) Attachment: Inspected: (By/Date) 1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452-1850 i The Mendota Heights City Counci! are restricting the right of=a citizen to remove trees on iheir awn private property. QU(JTE: "The Ci#y Council has enacted a tree removaf moratorium which was made etfective on March 7,1995 and wi11 remain in �effect untii the new ardinance is adopted or untii Sept.1,1995 whichever comes first This moratorium covers aii property in the ci#y and prohibits the removai of trees in the city subject to certain exemp#ions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential tots of less than one acre if the trees are less than 18 inches in diameter " . We feel that you should be able io remove an overgrown or an ugly iree and plant a new tree ,on your PRtVA7E PRQPERTY, without Government in#erference. If you feel that you shouid be abie to landscape yaur own praperty as you want to ...................piease sign #his petition. PETiTION We , the ci#izens of Mendota Heights,do not agree with the Gity Council's "tree remova! maratorium".. WE,THE UNDERSEGNED CITIZENS flF MENDC7TA HEIGHTS, REQUEST THAT THiS MORATORIUM BE REPEA�ED. �� Address Date 3.� � :K'� . . �t�- �lbi �} �.,�c� �. c-� � �; � Phone . Please share this with yaur neighbors,and return ii to one of the addresses below. We wil! present your petitians to ttie City Cauncil at an apprapriate meeting, Please #eel free #o add names or make copies of this petition and distribute ta your neighbars � if yau are able to he(p us ........please ca1i. [ Also ,if yau care ta, let the City Council know yaur fieelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Va!!ey Curve . Mendota Heights M N 55118 Robert Prior 2455 Hampshire Gourt Mer�dota Neights MN 55120. � �, � t n e c Z � r 3 � y Z � � rn � 4 � � v w 0 ���� The Mendota Heights City Gounci( are restricting #he righ# of� a citizen to remove trees on their own private property. C2lJQTE; "The City Gouncil has enacted a tree remava! moratorium which was made effective on iVlarch 7,1995 and wilf remain in �effect cantil the new ordirtance is adopted or. unti! Sept.1,1995 whichever cames first This moraiarium covers a(i property in #he city _and prohibits the removai of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous tree�, and irees on accupied residentia( fots of iess �than �" one acre if the trees are less than 18 inches in diameter " � � We feel that you should be able to remove an overgrown or an ugly tree and plant a new� tree ,an your PRlVATE PROPERTY, without Gavernment interference. - !f .you feel that you. should be able �to landscape your own property . as you want to ...................please sign this petition. PETiTit�N � . We , the citizens of Mendota� Heights,do not agree with. the City Counci!"s "tree remova! moratorium".. WE;THE UNQERSlGNEQ ClT1ZENs f.?F�MENQQTA NElGHTS, REQUEST THAT THlS M(?RATORlUM BE REPEA!_ED. 0 ��to � Please share this with yaur neighbors,and return it one of the addresses below, 1Ne will present your petitions to the City Council at an appropriate meeting. Please #ee! free to add names or make copies of this� peti.tion and distribute to your neighbors !f yau are abfe ta hefp us ........please call. [ Also ,if you care to, iet the City Council knaw your feeiings; � .by phone caii or letterj SENTiNE�S: Sten Gerfast 1802 Vaiiey Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Caurt Mendota Heights MN 55120. t TMe Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than :� one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown , or an ugly tree and .plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name %�I� v � i,v . (.(/ �.,�, Address �l3 i�����- Date � Phone � 2�-9� 4s�- ���o Please share this with your neighbors,and return it to one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. � ;"�,�Q`��- :.�s c.c_ Thie Mendota Heights City Council are restricting the right of a citizen to remove trees on their own priva#e praperty. t�t.10TE: "The City Counci! has enacted a tree removal mora#orium which was made effective on March 7,1995 and wil) remain in effect until the new ordinance is adopted ar until Sept,'1,1995 whichever_ comes #irst This moratorium covers all property in the city and prohibits the removal of trees in the city subject ta cer�ain exemptions. These exemptions include dead ar diseased trees,dangerous trees, and #rees on occupied residential iots of less than ' one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and pian# a new #ree ,on yaur PRIVATE PRCJPERTY, without Government in#erference. if you feel that you should be abie to landscape your own praperty as you want to ...................please sign this p�titian. . PETITION We ,#he citizens of Mendata Heights,da nat agree with the City Council's "tree removal moratarium".. INE,THE UNDERSIGNED CiTIZENS CJF MEND{�TA HEiGHTS, REQUEST THAT THIS MQRATORlUM BE REPEALED. Name 'Z� -C..; C�f �. � '"E'-1�2. Address f �a� � ��z � C�.�� � < <2 J Z m Date � Phone ��fs ��-���� �s—�s �%'�— �l� �Z Please share this with your neighbars,and return it to one of the addresses bPlow. We will present your peti#ion� to the City Council at an appropriate meeting. Please feel free #o add names or make copies af this petition and distribute to your neighbors !f you are able to help us ........please call, [ A(so ,if yau care to, 1et the City Council know your feelings, by phone call or letter� SENTINELS: Sten Gerfast 1802 Valley Curve Mendata Heights MN 55118 Robert Prior 2455 Hampshire Court Mendata Heights MN 55120. � The Mendota Heights Cit}r Council are restriciing the right of a citizen to remove trees on their own private praperty. G�t1�TE: "The City Council has enacted a tree removal moratorium which was made effective an March 7,1995 and will remain in effect unti) the new ordinance is adopted or until 5ept.1,1995 whichever comes first This moratorium covers alf praperty in the city and prohibits #he remaval of trees in the city subject to certain exemptions. These exemptians include dead or diseased trees,dangerous irees, and trees on occupied residentia! lots of less than ' one acre if the trees are less than 18 � inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and pfant a new tree ,an your PRiVATE PROPERTY, without Covernment interference. tf you feel thai yau shauld be able to landscape your own property as you want to ...................please sign this petition. - PETITIC3N We , the citizens of Mendota Heights,do not agree with the City Cauncil's "tree removal maratarium".. 1NE,THE UNDERSiGNEQ CITfZENS C1F MENQC?TA NEtGNTS, REQUE,�ST THAT THIS MORATORIUM BE REPEALED. e Address Date � Phone o�,�.� %�� /i�%�GCy �'il.P/�� t=9�-9i•-� lsr"Cs Please share this with your neighbors,and retum it to one ofi the addresses below. We will presen# your petitions ta the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbars If you are able ta help us ........please call. [ A1so ,if yau care to, lei the City Council know your feelings; by phone call or letterj SENTINE�S: 5ten Gerfast 1802 Val(ey Curve Mendota He�ghts ---E MN 55118 Robert Prior 2455 Hampshire Caurt Mendota Heights MN 5512Q. c The Mendata Heights City Couneil are restr'scting the right of a citizen to remove trees on their own private praperty. C�l.JOTE: "The City Counci! has enacted a tree remova! moratorium v+rnich was made effiective on March 7,1995 and wi11 remain in effect until the new ordinance is adopted or unti! 5ept,1,1995 whichever comes first This moratorium covers all property in the city and prohibits the remaval of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential iots of iess than ' one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an avergrown or arr ugly tree and plant a new tree ,on yaur PRiVATE PRC3PERTY, without Government interference. if you feel thai you shouid be abie to landscape your own praperty as you want to ...................please sign this petition. - PET1TIaN We , the citizens af Mendoia Heights,do not agree with the City Council's "tree removal moratarium".. 1NE,THE U�4DERSIGNED CITIZENS OF ME�iDC;TA HEIGHTS, � REQUEST THAT THIS MORATORlUM BE REPEA�ED. e Address 0 Date � Phone Please share this with yaur �eighbors,and return it to one of the addresses below. We wil! present your petitions ta the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ....,...please call. [ Also ,if you care to, let the Gity Council know your feelings; by phone call ar letter� SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Menda#a Heights MN 55120. ,. 9 Z The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. Q1.10TE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until �the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than • one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown � or an ug:ly tres and plant a ner,v tree ,on your PRIVATE PR�FERTY, without Government interference. If you feel that you should be �ble to landscape your own property as you want to ...................please sign this petition. . PETITIO�N We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Address to Please share this with your neighbors,and return it � one of the addresses belo�►!. We will present your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. Tt��e Mendota Heights C1ty Cauncil are restricting the right of a citizen to remove trees on their own private property. Q1.10TE: "The City Counci! has enacted a tree remova! moratorium which _was made effective on March 7,i995 and will remain in efifect until the nev+r ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the ci#y and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead ar diseased trees,dangerous trees, ar�d trees on occupied residential iots af Iess than � one acre if the trees are less than 18 inches in diameter " � We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your �PRIVATE PRC}PERiY, without Government interference. if you feel that you shauld be able to landscape your own property as you want to ...................please sign this petition. . PETITICJN We , the ciiizens af Mendota Neighis,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSiGNED CITIZENS �F MENDC)TA HEIGNTS, REQUEST THAT THlS MURATt?RlUM BE REPEAl..ED. Name Address Date � Phone Please share this v��ith yaur neighbors,and return it to one of the addresses below. We will .present your petitions #o the City Council at an apprapriate meeting. Please feel free to add names or make copies of #his petitian and distribute #o your neighbors If you are able to help us ....µ...,please call. [ Afso ,if yau care ta, let the City Counci( know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curue Mendota Heights M N 55118 Rober� Prior 2455 Hampshire Court Mendota Heights MN 5512�. 9 �:.. The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new'�ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium� covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemp.tions..include dead or diseased trees,dangerous trees, . and trees on occupied residential lots of less than one acre if the trees are less than 18 inches in diameter " � We feef that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property� as you want to ...................please sign this petition. � PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, � REQUEST THAT THIS MORATORIUM BE REPEALED. ame Address Date Phone Please share this with your neighbors,and return it to one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. � J m w Tl�e Mendota Heights City Council are. res#ricting the right of a citizen to remove trees on their own private property. Qt,.JOTE: "The City Counci! has enacted a#ree remova! moratorium which was made effiective on March 7,'i 995 and wiil remain in effect until the new ardinance is adopted ar until Sept.1,i995 whichever comes first This moratorium covers a11 property in the city and prahibits the remova! of trees in the city subject to ceriain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than • one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new treP ,on your PRIVATE PR4PERTY, without Government interference. If yau feel thai you should be able to landscape your awn praperty as you want to ...................please sign this petition. PETITI�N We , the ciiizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS C}F MEt��OTA HEiGNTS, REQUEST THAT THIS MC7RATORIUM BE �EPEALED. Nam Address /. 7�`� , Date Phone : �'sy��zc� Please share this wi#h yaur neighbors,and return it to one af the addresses below. We will present �rour petitions to �he �ity C�u�ci�� �t a� apprapr.iat� m2eting. Please �feel free to add names � or make copies of this pe#ition and distribute to yaur neighbors If you are able to help us ........please ca(!. [ Aisa ,if yau care ta, iet the Gity Council know your feeiings; by phone call or letter] SENTINELS: Sten Gerfast 18Q2 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Caurt Mendata Heights MN 55120. s � , „� „! ,� / �/f / � ,� . +�I' j,/►r'' "� ,� /"'� ,% ,/, , , <,� ,r.f , f „��/ �� � j �� rv � _ j � / .� `��� i'� l � �.s! .. . . �r. r /1���,. .� *' % a�r1 �.�+. .. __.��i �..� `� _. , � L The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QIJOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance - is adopted or until SePt.1 �1995 whichever comes first� �" ,�; ��; �h'is mo'ratorii.im :.covers :al'I���operty in the city and prohibits "the tem��v�l of �rees �in the�citjr subject to certain �exemptions. These exemptions include dead or diseased trees,dangerous trees, . .and .trees on occupied residential lots of less than , one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove� an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should .be able to landscape your own property� as you want to ...................please sign this petition. � PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name J- %��a, Address � �r/�/,� � l 9� � ��d G �,� - Date Phone � s/�.� 6 ��-�i 6 P{�ase share this vr;tr your neighbors,and return it to one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M(� 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. s Tfie Mendota Heights City Councii are restricting� the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than � one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. � PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. e Address GV. �dvi ti li Date � Phone � Please share this with your neighbors,and return it � to one of the addresses below: We will present your pe+itiQns to the Ci#y Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone caU or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. i� .� The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private properiy. C�I.JOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than " one acre if the trees are less than 18 inches in diameter " VVe feel that you should be able to remove an overgrawn or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. � PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITI�ENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. 9 to Please share this with your neighbors,and return it � one of the addresses below. We wil) present your petitions . to the City Council at an appropriate meeting. , Please feel free to add names or make copies of this petition and distribute to your neighbors - If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendata Heights MN 55120. The Mendo#a Heighis �ity Council are restricting the right of a citizen to remove trees on their own priva#e property. C�10TE: "The City Counci! has enacted a tree removal moratorium which was made effiective on March 7,1995 and wiil remain in efifect until the new ord'snance is adopted or until 5ept.1,1995 whichever comes first This moratorium covers all property in the .city and prohibits the removaf of trees in the city subject to ceriain exemp#ions. These exemptians include dead or diseased #rees,dangerous trees, and trees on occupied residential lats of less than " one acre if the trees are less than 18 inches in diameter " We fee! that�you should�be aale to remove an overgr�wn or ar� ugly tree and plant a new iree ,on yaur PRSVATE PRtJPERTY, without Government interference. � if you feel that you should be able #o landscape your own property as you want to ...................please sign this petition. - PETITION We ,#he citizens of Mertdata Heights,do not agree with the City Council`s "tree removal maratarium".. WE,THE UNDERSiGNED CITIZENS UF MENDt�TA HEIGHTS, REQUEST THAT THIS MQRATORlUM BE REPEA�ED. Name J � •. !!�' : ! - ��� .r M r�� i�� ��1��,� �% � � Please share this with your neighbors,and return it to one of the addre�s�s below. We will present your petiti to the City Cauncii at an apprapriate meeting. Please feel free to add names or make copies af this petition and distribute to yaur neighbors !f yau are able to help us ........please call. [ Also ,if you care ta, iet the City Council know your feelir by phone call or lett� SENTINELS: Sten Gerfast 1$02 Valley Curve Mendota Heigh#s MN 55118 Robert Prior 2455 Hampshire Court Mendota Neights MN 55120. I spotc�=-- with Kathy at the City and she informed me that the key concern was .:property-owners were "clear cutting►�. It is clear that more thought is going needed to finalize an ordinance that makes sense. The pl ing commission ha� and I am tald that it plans on holding public meetings. . � s; ,hat '�o be th:is mission Th�e Mendota Heights City Councii are restricting the right of a citizen to remove trees on their own private property. C�IJOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than � one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. � PETITI�N We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQJEST TH�T Tf�IS IVIORATGRIUM BE REPE�►L�D. Address n Dat� Phone �� Please share this with your neighbors,and return it to one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letterJ. SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. � T�re Mendata Heights City Council are restricting the right of a citizen to remove trees on their own private property. G�t.lOTE. "The City Counei! has enacted a tree remova! moratorium which was made efifective on March 7,1995 and will remain in effect until the new ordinance is adopted or unti! Sep#.1,i995 whichever comes first This moratorium covers a11 property in the city and prohibits the remava! of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential Eots of less than � � one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an avergrown or an ugiy tree and plant a new tree ,on your PRIVATE PRC}PERT without Government in#erference. lf yau feel that you should be able to landscape your own prop as you want to ...................please sign this petition. - PETITION We , the ciiizens of Mertdota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSlGR1ED CITIZENS OF MENDOTA HElGHTS, REQUEST THAT THIS MORATURIUM BE REPEALED. Name Address �, � Date � Phone 5'�-�3 ' �'� ����d � � � Please share this with your neighbors,and return it 1 to one af the addresses below. We will present your petition ta the City Council at an appropriate meeting. . Please feel free to add names or make copies ofi this petitian and distribute to yQur neighbors !f you are able to help us ........please ca!!. [ Also ,if ypu care to, let the City Council know your feeling: by phone cali or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Rabert Prior 2455 Hampshire Court Mendota Neights M N 55120. The Mendata Heights City Counci! are res#ricting the right of a citixen ta remove trees on their own privafe property. QUQTE: "The City Council has enacted a tree remaval moratorium which was made effective on Ntarch 7,1995 and will cemain in effect untii the new ordinance is adopted or until Sept.1 �1995 whichever comes first This moratorium cavers all propert}r in the city and� prohibits the removal of trees in the city subject ta certain exemptions. These exemp#ions inciude dead or diseased trees,dangerous #rees, and trees an occupied residential lots of less than one acre if the trees are less than 18 inches in diameier " We feei that you should be able ta remove an overgrown or an ugly tree and plant a new tree ,on your PRlVATE PRC?PERTY, without Government interference. li you feel ihat you shauld be able to landscape yaur own property as you want to ...................please sign this petition. . PETITI{�N We , the citizens of Mendota Heigh#s,do not agree with the City Councii's "tree remova( moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENQOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name Address Date �• Phone Please share this with your neighbors,and re#urn it to one ofi the addresses below. We wi(f present your petitians to the City Counc's! �at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute ta your neighbars If you are able to help us .,,,....please call. � Also ,if yau care to, let the City Council knaw your feelings; by phane call ar letter] SENTINE�S: Sten Gerfast 1802 Va11ey Curve Mendota Heights MN 55118 Robert Prior 2455 Nampshire Court Mendota Heights M N 55120. The Mendota Heights Ciiy Council are resiricting the right of a citizen to remove trees on their own prrvate property. QUOiE: "The City Counci! has enacted a tree removai moratorium which was made effective on March 7,1995 and will remain in efifect until the new ordinance is adop#ed or unti! Sept,1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of irees in the ci#y subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and irees on occupied residentia! lats of less f�an � ' one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and piant a new tree ,on your PRIVATE PRC}PER withaut Government interference. lf you feel that you should be able to landscape your own pra as you want to ...................please s'rgr� this petition. � PETITICJN We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CiTIZENS OF MENDCITA HEIGHTS, REQUEST THAT THlS M(JRATORIUM BE REPEALED. Name Address a� 0 Please share this with ya�r neighbors,and return it to one of the addresses below. We will present your pe�itii�r io the City Council at an appropriate mee#ing. Please feel free to add names or make copies of this peti#ion and distribute to your neighbors !f you are able to help us ........please call. [ Also ,if yau care ta, let the City Council know your feeling by phone cal! or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Neighis M N 55120. '�Y � �.�3� � � �s i The Mendota Heights City Councii are restricting the right of a citizen to remove trees on their own private property. C�I.JOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever �comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than � one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. f� .F1:.T� Address Date � Phone m to Please share this with your neighbors,and return it � one of the addresses below. We will present your pefitiQns to the City Council at an. appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. The Mendota Heights City Council �are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which made effective on March 7,1995 and � will remain in effect until new ordinance is . adopted or until Sept.1 �1995 whichever come; This moratorium covers all property in the city and prohibit: the removal of trees in �the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous tree and trees on occupied residential lots of less than one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPER� without Government interference. If you feel that you should be able to landscape your own pro� as you want to ...................please sign this petition. � PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name Address St So . Date S /.. Please share this with your neighbors,and return i#:_ to one of the addresses below. We will present your petitic to the City Council at an appropriate meeting. P(ease feel free to add names or make copies of this petition and distribute to your neighbors • If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelin by phone call or lette SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M (�! 55118 Robert Prior 2455 Hampshire Court Mendota Heights PAN 55120. �e first rty: ne ns :� � m The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QI.JOTE: "The City Council has �enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the oew ordinance is adopted or until Sept.1,1995 whichever comes first �� , This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, . and trees on occupied residential lots of less than one acrz if the trees are less than 13 inche� in diameter " � We feel that you should bz able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property� as you want to ...................please sign this petition. PETITIO��I We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENr OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Phone � Please share this v���th your neighbors,and return _it_= to one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. Also ,if you care to, let the City Council know your feelings; by phone call or letterJ SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights �AN 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. .J'#J�N- �6-�� T1�� �� F�.� G�RPORATE P'�OPEE�'iT I E^� The Mendpta Neights �ity Councli ara resxri�tin� the right af a citizen td rsmpve trees an #heir awn �riv�,ta �r���t�ty, ��"i"�: R'Che �l�y Guuncii ha� ena�t�d � tre+� removaE mor�tc�rium which m�d� �ffective vr� M�rch 7�f9�5 �tnd will remain In ��i#e�t untl! � new OC�ir1,��►G� i� �dQpt@� or uc�til �epfi.�i,�8�� Wh��h@Y�� Ct�t�'18$ '���s m�c�torium �overs al� praperty in the ctty ar�d prohibits #h� r�rr�oval �t� trees irt th� ci#y sub��ci tt� certain ex�mpiions. T'i�esa �x�r��tio�s in�lude dead ar dis��s�d tre��,dan�erous tree� �r�d tre�s t�n �c�up�ed resi��nti�i 1�ts of l��s #h�,r� c�na ��r� �f tha tr�es ara les� tF�an 9 8 inch�s �ri d'ram�tar " We f�el t��t you should b� �bie tc� remave an av�rgrowr� or an ugly tree and plant a, �ew tree ,vn yaur PRtVAT� l��i4�'�� withQut �avarr�m�r�t int�r��r$n�e. If you fe�! th�t you shr�wld k�� ��le ta tandscap� yaur awn �rc� L4� �VM YYP4ii 4�s��.�eEs��e���a�tae ,�i �GC'it7� *a��if i�1�� �i ��ii+Vi�t �������� Vlt+� , t�e �citizerts af M�ndota �taight�,�o nc�t agree �ith #h� �it�r Courtci!`s "tr�� r��ov�l moca#vcivm"., �VV�,'CE�� Ul�f��RS1CN�C� �1�'I��N� t�� M�NQC'�TA H�l�iHTS, R��U���' �`�l/��" �"l�t� M�I�4TC���UM �� E��l��►L�b, u�rL '� + �il�� /��dr�ss C3ate �. �c-� � 1 dr1 �"�I �1.t�. ��.,1� .� �t � �� • 1 �'�l��. �'te�se �h�re #his with ypur neigh�ar$,�nd return i� to �ne �f #ha addresses b�l�w. We wi!! �ra���tt y��ur �e�i# ta the �ity� Counc�! �t an �ppropriat� m�etir►�. C�Se�s� f�el fr�e ta add names �c�r make cc�pie$ of this petitiot� ��d distributa tQ y�ur neighboc� If you are able t� h$�� �� ........p���se c�f�. ���s� ,if yt�t� care to, Iet the �ity �o�r�ci! knaw yaut` f�efi by ph�n� c�i! ar teti ��1�TIN��.�: �ten +�qrf�st � 80� V�Cley Curv� . Mendot� l�ei$hts �I�! �5� �$ R4berk 1'riar 245� Hampsh�re �aurt M�ndota Neights MN 5512Q, f i�s� � _ �� Tt�e Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. C�IJOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the� new ordinance is adopted or until Sept.1,1995 whichever comes first - This moratorium covers all property in the city and prohibi�s the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than • one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name Address Date ° Phone m Please share this with your neighbors,and return it � to one of the addresses betow. We will present your pe�itiens to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. The Mendota Heights City Counci! are restricting the right of a citizen to remove trees on their own private properiy. C�IJOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in efifect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees and trees on occupied residential lots of less than • one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPER without Government interference. If you feel that you should be able to landscape your own pro as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERS{GNED CITIZENS 4F MENDOTA HEIGHTS, REQUEST THAT THIS MORAT�RIUM BE REPEALED. Name ,�s Address � l�%-Rc� ,�kr�. Date ° P Please share this with your neighbors,and return it .to one of the addresses befow. 1lVe wili present your pe�+iiai to the City Counci! at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. A1so ,if you care to, let the City Council know your fieeling by phone call or letter; SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. '�Y � z-�L�'� Th�e Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. C�I.JOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than - one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Heights,do not agree with the Cify Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. � Please share this with your neighbors,and return it � to one of the addresses below, We will present your petiti�ns to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. The Mendota Heights Gity Councii are restriciing the right of a citizen to remove trees an their own private property. QIJOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect unt's( the new ardinance is adopted or unti! 5ept.1,1995 whichever comes first This moraforium cavers ail property in the city and prohibits the removal of trees in the city subjec# to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residentiai lots of less than ' one acre if the trees are less than 18 inches in diameter " We feel #hat you should be able to remove an overgrown or an ugly tree and plant a new iree ,an your PRIVATE PRC}PER without Government interference. If you feel that you shauld be able ta landscape your own pro as you want to ...................please sign this petition. . PETITiO(� We , the citizens of Mendota Neights,do noi agree with the City Council's "tree removal moratarium".. WE,THE UNDERSIGNED CITIZENS C}F MENDC}TA NEiGNTS, REQUEST THAT THIS MfJRATORIUM BE REPEAL.ED. Name Address Date ' Please share this with your neighbors,and return ii to one of the addres�es below. We will present your petftio� ia the City Caurtcil at an appropriate meeting. Please feel free to add names or make copies of this petitian and distribuie ta your neighbors If you are able to help us ........please call. [ Also ,if you care to, iet the C'ity Council knaw your feelinc by phone cal! or letter SENT(NELS: Sten Gerfast 1802 Valley Curve Mendata Heights M N 55118 Robert Prior � 2455 Hampshire Court Mendata Neights MN 55120. ne 3 -� �, m Tt�e Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. C�UOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1 �1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than • one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant. a. nsw tree ,on your PRIVATE PROPERTY, without Government interference. . � If you feel that you should be able to landscape your own property .. as you want to ...................please sign this petition. � . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree remova! moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name - Address Date ` Phone m Please share this with your neighbors,and return it � to one of the addresses below. We will present your petrtions [ Also to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. ,if you care to, let the City Council know your feelings; by phone call or letterJ SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. , The Mendota Heights City Council are� restricting the right of a citizen to remove trees on their own private property. QIJOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until �the new ordina-nce is adopted or until Sept.1,1995 whichever comE This moratorium covers all property in the. city and prohibi �the � removal �of tr'ees m� the � city� subject to certain exemptions. These exemptions include dead or diseased trees,dangerous tre and trees on occupied residential lots of less than one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPER without Government interference. If you feel that you should be able to landscape your own pro as you want to ...................please sign this petition. � PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED �CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name Address first Date Phone 6 a I �s ,� � „ Please sh�re this with your neighbors,and re#urn_it_ to one of the addresses below. We will present your petiti to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelir by phone call or IettE SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 5511 � Robert Prior � ' 2455 Hampshire Court Mendota Heights MN 55120. ns �s; J � � The Mendota Heights City Council are restricting the right . of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than ' one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY� without Government interference. If you feet that you should be able to landscape your own property as yo� �vant to ...................please sign this p�tition. . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name Address Date � Phone � Please share this with your neighbors,and return it � to one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies • of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letterJ SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior � 2455 Hampshire Court Mendota Heights M N 55120. Th�e Mendo#a Heights Cit}r Council are restricting ihe right of a citizen to remove trees on their own private property. QUOTE: � "The City Council has enacted a tree removal moratorium which was made e€fective on� March 7,1995 and will remain in effect until � the new ardinance is adopted or unti! Sept.1,1995 whichever comes first This moratorium covers a11 property in the city and prahibits #he remova! of trees in the city subject #o certain exemptions. These exemptians inc(ude dead or diseased trees,dangerous trees, and trees an occupied residential lots of less than � • one acre if the trees are less than 18 inches in diameter " We feel that you shouid be able to remove an avergrown or an ugly tree and piant a new #ree ,an your PRIVATE PR{�PER without Government interference. _ if you feel that yau should be able to landscape your own pro as you want to ...................piease sign this petition. . . PETITIC�h1 We �, the citize�rs of Mendota Neights,do not agree � with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HECGHTS, REQUEST THAT THIS MQRATORIUM BE REPEALED. Name Address . Date P � Please share this with your neighbors,and return i� to one of the addresses below. We will present your pet�tiens to the �ity Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able ta help us ........please call. [ Atsa ,if you care ta, let the City Gouncil know your feeiings; by phone cal! or letter]� . � SENTiNELS: Sten Gerfast - 1802 Valley Curve Mendota Heights MN� 55118 � Robert Prior 2455 �Hampshire C�ourt Mendata Heighis MN 5512p. 9 TMe Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. C�IJOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than • one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HElGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name Address Date ' Phone � �, to Please share this with your neighbors,and return it � one of the addresses below. We will present your petitrons to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. Also ,if you care to, let the City Council know your feelings; by phone call or letterJ SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. Tt�e Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until tlie new ordinance is adopted or until Sept.1,1995 whichever comes �first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than I " one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new irse ,on your PRIVATE PROPER without Government interference. If you feel that you should be able to landscape your own pro as you want to ...................please sign this petition. � PETIT14iV We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS t�F MENDOTA HEIGHTS, REQU�ST THAI' THlS �MOri,4T�f ;�UM S� �ci'�ALtG. Name Ci'}�-�S 6 �(Z-f2�-�'(�D.ti1 Address � �'io 3��ba;�� Date � P Please share this with your neighbors,and return it � to one of the addresses below. We will present your petiti� [ Also to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your� neighbors If you are able to help us ........please call. ,if you care to, let the City Council know your feelin by phone call or let�e SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. rty : m 7J7"U/� Sy -Sad s Ttie Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. CXJOTE: "The City Councii has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or untii Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than ' one acre if the trees are less than� 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new iree ,on your PRIVATE PROPERTY, without Government interference. � If you feel that you should be able to fandscape your own property as you want to ...................please sign this petition. � PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name � Address Date � Phone m m �f�L-a37� to Please share this with your neighbors,and return it � one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 � Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. TFie Mendata He'sghts City Cauncil. are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and wil) remain in efifect until t�he new ordinance is adopted or untif Sept.1,1995 whichever comes iirst This moratorium cavers all property in the ci#y and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lats of iess than ' one acre if the trees are less than 18 inches in diameter " We feel that you shouid be abie to remove an overgrown or an ugly iree and plant a new tree ,on your PRiVATE PR4PER without Government interference. � If you feel that you shouid be abie to landscape your own pro as yo� want to ...................please sign this petition. � PETiT14N We , the citizens of Mendata Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDER�IGNED CITIZENS C,�F MEND{aTA NEI�HTS, REQUEST THAT THIS MORATORlUM BE REPEA�ED. Name Address Date � PI Please share this with your neighbors,and return i� to one of the addresses below. We wili present your petitia� to #he City Cauncil, at an ap�ropriate meeting. Please feel free to add names or make copies of this petitian and distribute to your neighbors !f you are able #o help us ......,.please ca!!. [ Also ,if you care ta, let the City Council know your fee(inc by phone call or letter SENT(NELS: Sten Gerfast 1802 Valley Curve Mendaia Heights MN 55118 Etobert Pr'sor , 2455 Hampshire Caurt Mendota Neights MN 5512Q. G'k�-.�9 The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits � the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than • one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. � Name Address Date ` �Phone m to Please share this with your neighbors,and return it � one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. Please feel free to add -names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. The Mendota Heigh#s City Council are restricting the right of `a citizen to remove trees on #heir own private property. C�IJUTE: "The City Councii has enacted a tree removai moratorium which uv made effective on March 7,1995 and wili remain in �effect until #h� new ordinance is adopted ar until Sept.1,1995 whichever comes 1 This moratarium covers ai( property in the city and Rrohibits the remova( of trees in the city -subject to certain exemptions. � These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residentia! lots nf less #han ` one acre if the trees are less than 18 inches in �diameter " . � We feel that.you shoufd be able ta remove an overgrown or an ugly� tree and plant a new�tree ,on your PRlVATE PRt�PER v+rithout Government ir�terference. tf you feel that�yau sf�ould be. abfe to iandscape your own pro as you want.ta ..................:please sign #his petition. PETiTION We �, the citizens of Menclota Heights,do not agree .. with the City Council's "tree removal moratorium".. �WE,THE UNDERSIGNED GITiZENS OF MENDCITA HEfGHTS, REQl3EST THA`� THIS �N1t3RATORIUM BE REPEA�ED. `�� 0 Address Date Ph � �_ Please share this with your neighbors,and return it to one of the add�resses belaw. We uvi!! preserzt your petition to the City Cocancii at an appropriaie mee#ing. Please feel free to add names or make copies � of #his peti#ion and distribute to your neighbors tf yau are abie to heip us ........piease cal1. . [ A(�sa ,if you care ta, let the City Council know your feeling: by phone call or letter] SENTINELS: Sten Gerfast � 1802 Valley Cunre : Mendota Heights M N 55118 Robert Priar 2455 Hampshire Court Mendota Heights MN 55120. The Mendota Heights City Counci! are restricting the right of a citizen to remove trees on their own private property. C2tJOTE: "The City Council has enacted a tree removal moratorium which was made effec#ive on March 7,1995 and will remain in effect until the new ordinance is adopted or until 5ept.1,1995 whichever comes first This morata.rium cavers ail property in the city and prohibits - the remov:�l af �rees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangeraus trees, and trees on accupied residential lots of (ess than ' one acre ifi the trees are less than 18 inches in diameter " We fieei that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on yaur PRIVATE PRQPERTY, without Government interference. If you feel ihat you should be abEe io landscape your own property . as you want to ...................please sign this p�tition. PETITI�JN We , the citizens of Mendota Heights,da not agree �` with the City Council's "tree removai moratorium".. WE,THE UNDERSlGNED GITIZENS C}F ivfENDQTA NEIGHTS, F�tQIJEST t�HAT THIS n/i�7RA i Ok(Ui�i BE HE�EaL.Eu. Name Address Date �� Phane Please share this with your neighbors,and return it ta ane of the addresses below. We will preseni your petitions to the City Gouncil at an appropriate meeting. P(ease feel. free to add names or make copies o# this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if yau care ta, le� the City �ouncii knaw your feeiings; by phone call or letter] SENTINE�S: �ten Gerfast 1802 Valley Curve Mendata Heights MN 55118 Robert Priar 24�5 Hampsh`sre Court Mendota Heights MN 5512�. , `.�,�� `.� �,��5 `� �,�. � ' TF�e Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which �was made effective on March 7,1995 and wi11 remain in effect un#iI the new ordinance is adopted or unti! Sept.1,1995 whichever comes first This moratorium cavers a(I property in the city and prohibi�s the remova! of trees in the city subject to certairt exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied resideniia! lots of less than � one acre if the trees are less than 18 inches in diameter " We feel that yau should be able to remove an overgrown or an ugiy tree and piant a r�ew tree ,on yaur �RiVf� � E FRt��ER without Government interference. If you feel that you shauld be able to iandscape your own pro as you want to ...................please sign this petition. . PETITIC�N We , the citizens af Mendota Heights,do not agree with the City Council's "tree removal moratarium".. WE,THE UNDERSI�NED CITIZENS C}F MENDC}TA NEIGHTS, REQUEST THAT THIS MQRATORIUM BE REPEALED. Address erky . Date � Ptione Please share #his with your neighbors,and return it to one of the addresses below. We will present your petitior to the City Cauncil� at an appropriate meeting. Please feel free to add names or make copies of this petitian and distribu#e #o your neighbors If yau are able to help us ........please call. [ A(so ,if you care ta, let the City Council know your feeling � by phone ca!! or letterj SENT(NELS: Sten Gerfast 1802 Valley Curve Mendota Heigh#s MN 55118� Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. � � The Mendata Heights City Councif are restricting ihe right of a citizen to remove trees on their own private property. QIJQTE: "The City Council has enacted a tree removal maratorium which was made effective on March 7,1995 and will remain in effect until the new ardinance is adopted or until Sept.1,1995 whichever comes first This moratarium covers ai1 property in the city and prohibits the removal of trees in the city subject to certain exemptions, These exemptions include dead ar diseased trees,dangeraus trees, and trees on occupied residential lots of less than � one acre if the trees are iess than 18 inches in diameter " We feel that you should be able #o remove an overgrown or an ugly tree and plan# a new tree ,on your PRlVATE PRQPERTY, without Government interference. If you feel thai you should ae able to landscape your own property as you want to ...................please sign this petition. . PETITIt3N We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS QF MENDC?TA NEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED, Name Address Date � Phone m Please share this with your neighbors,and return it ta one of the addresses .below. We wi11 present your petitions to the City Counci! at an appropriate meeting. Please feel free to add names �or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. f Also ,if yau care to, let the City Counci! knaw your feelings; by phone call or letterJ SENTINE�S: 5ten Gerfast 1802 Va11ey �urve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Caurt Mendata Heights MN 5512Q. ,.;�- , ,. �: _ The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Councii has enacted a tree removal moratorium which made effective on March 7,1995 and will remain in effect untii new ordina�ce��is� adopted or until Sept.1,1995 whichever come: �� .�� This,morato.rium �covers ali property in the city and prohibit: ,t�e :removal;,of .trEe's� in: the�.city •�ubject� to certain •exemptions. These exemptions include dead or diseased trees,dange.rous tree and trees on occupied residential lots of less than one acre �if the t'rees' are �less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPER" without Government interference. If you feel that you should be able to landscape your own pro� as you want to ...................please sign this petition. � PETITIC�N We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. ame Address Date �e first ne Please share this with your neighbors,and return. it �_ I to one of the addresses below. We will �prssent your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. .� 9 The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect �until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than • one acre if the trees are less than 18 inches in diameter " We feel. that you should� bevable to remove� an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. � If you feel that you should be able to landscape your own property .. as you want to ...................please sign this petition. � . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORlUM BE REPEALED. Name ��� ,� ��1 t� Cc./i FL-7�•2 r nr�v Address � 3 �G �i�Z D r�n�c n� � cr-L 17cT1� h�lyb.7S /11/l1 Date ` Phone S'/� �! � E�� - L( Z a Please share this with your neighbors,and return it � to one of the addresses �below. We will .present your petitio�ns to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. m Tf�e Mendota Neights City Councii are res�ricting the right of a citizen to remove trees on their own private property. QI.JOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and wi(I remain in effect untii the new ordinance is adopted or unti! Sept.1,1995 whichever comes firs# This maratorium cavers ail property in the city and prohibits #he remova! of trees in the city subject to certain exemptions. These exemptions incfiude dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than • one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown � or an ugly tree artd plant a new tree ,on your PRIVATE PRfJPERTY, without Government interference. k if you fe�el that yau sho�ld be abie to landscape your own property as you want to ...................please sign this petition. PETITION We , the citizens af Mendota Heights,do not agree - with the City Council's "tree removal moratorium".. 1NE,THE UNDERSIGNED CITiZENS C}F MENDC}TA HEIGNTS, REQUEST THAT THIS MORATORIUM BE REPEAL.ED. Name __ Emilie M. Gieske Address Date � 717 Stanwich Lane �5/24 Please share this with your neighbors,and return it to one or' ihe addresses below. VVe will present your pe#itioi io the City Council at an appropriate meeiing. Please feel free to add names or make copies o# this petition and distribute to your neighbors If yau are able to help us ........please call. { Also ,if you care to, let the City Cauncil know your fee(ing by phone caU or letter SENTINELS: Sten Gerfast 1802 Va(ley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendota Neights MN 5512q. ne � t �. � k � e c z n � � Ttte Mendota Heights Gity Caunci! are restricting the right of a citizen to remove trees on their own .private property. cu.�Q�: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and wil! remain in effect unti[ the new ordinance is adopted or untii Sept.1,1995 whichever comes first This moratorium covers aIl proper�ty in �the city and prahibits the removal of trees in the city subject to certain exemptions. These exemptians include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than ' one acre if the trees are less tf�an 18 inches in diameter " We feel that you shouid be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRlVATE PROPERTY, without Government interference. If you #ee1 that you should be a!�!e to landscape your own property as you want to ...................please sign this petition. PETIT[C}N We , the citizens of Mendo#a Neights,do not agree with the City Councii's "tree removai moratorium".. WE,THE UNDERSlGNEQ CITlZENS OF MENQC�TA HElGNTS, REQUEST THAT TH1S MORATORIUM BE REPEALED. e� � Address � Date � Phone �, 0 Please share this with your neighbors,and return it to one ofi the addresses below. We wiii present your petitions to #he City Council at an appropriate meeting. P(ease feel firee to add names �or make copies o# this petition and distribute to your neighbors If yau are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SEi�TINE�S: Sten Gerfast 1802 Valley Curve Mendata Heights MN 5�118 Robert Prior 2455 Namps�ire �ourt Mendota Heights MiV 55120. -b33� The Mendota Heights City Council . are res#rict`sng the right of a citizen to remove trees an their own private property. Q1.10TE: "The City Council has enac#ed a tree remova! moratorium which was made effective on March 7,1995 and wiil remain in effect until the new ardinance is adopted ar unti! Sept.1,i995 whichever comes first This moratorium covers all property in the ci#y and prahibits #he remova! of irees in the city subject to certain exemptions. These exemptians include dead or diseased trees,dangerous trees;, and trees on accupied residential lots af fess than � ' one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and piant a new tree ,on yaur PRIVATE PRC}PER without Government interference. lfi you feei that you should be able to landscape your own pra as you want to ...................please sign this petition. . PETITiON We , the c'stizens af Mendota Neights,do not agree with the City Council's "tree removal moratorium".. Vti/E,THE UNDERSIGNED CITfZENS C?F MENDCITA HEIGNTS, REQUEST THAT TH1S MCIRATORIUM BE REPEALED. Address Date � P! t�� Z ����`/ �� 6 3•-9 , � S�f -1q7�3 Please share this with your neighbors,and return it to one of the addresses below. We will present your petiticrns to the City Go�tncil at an appropriate meeting. Please feel free to add names or make copies af this petition and distribute to yaur neighbors (f you are able to help us ..,.....please ca41. [ A(so ,if ypu care to, let the City Councii know your feelings; by phone call or letterj SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Priar 2455 Hampshire Court Mendata Heigh#s M N 55120. m The Mendota Heights City Councii are restricting the right a# a citizen io remave trees an their own private property. QIyIOTE: "The City Council has enacted a tree remaval maratorium which was made effective on March 7,1995 and wili rerriain in �effect untii the new ard'mance � is adopted or unti( Sept.1,1995 whichever comes first This moratorium cavers a!! property in the city and prahibits the � remava( of trees in the city subject to certain exemp#ions. These . exemp#ions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less #han ane acre if the trees are less than 18 inches �in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree �,on your PRIVATE PRCIPERTY, � without Govemment interference. If you feei that you should� be able to landscape your own property as you want to ...................please sign this petition. � . PETI � IC?I� � We , the citizens of Mendota Heights,do not agree with the City Council's "#�ee removal moratorium",. WE,THE UNDERSIGN�D CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MC7RATC3RIUM BE REPFAL.ED. • � Name � � Address � � Date Phone � � Please share this with �your neighbors,and return it one o# #he addresses below. We wili preseni your petitions to the City Council at� an appropriate meeting. � Please fee! free ta add names or make copies of this petition and distribute to your neighbors �f yau are able to help us ........piease ca11. [ Also ,if you care ta, let the �ity Couricil know your feelings; � .by phone cail or letterj SENTlNELS: Sten Gerfast 1842 Va!!ey Gurve : Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. � � � The Mendata Neights City Council are resiricting the right of a citizen to remove trees an their awn private property. QUQTE: "The City Council has enacted a tree remova) moratorium which was made effective on March 7�1995 and will remain in effect un#il #he new ordinance is adopted or un#'s! �ept.7,1995 whichever comes� iirst This maratorium cavers a11 property in the city and prohibits the remova! of trees in the city subject to certain exemptions. These exemptions include dead or diseased #rees,dangerous trees, and trees on occupied residential lots of less than � • ane acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,an your PRlVATE PROPER�. without Government interference. If yau feel that you should be at�le to landscape your own pro� as you want to ...................please sign this petition. . PETITION We ,#he citizens o# Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE tlNDERSIGNED G1TIZENS QF MENQtJTA HE[GHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. � Name � Address Date� Phone 5 :� 7- � � ��1_7 -�?5 �,� i ��- Pleas� share this with your neighbors,and return it � ta one of the addresses belaw. We wiil present youc peti� to the City Councii at an appropriate meeting. Please feel free to add names or make copies of this peti#ion and distribute to your neighbors (f you are able to help us ........please call. � Aisa ,if you care to, let the City Council know yaur feeli by phone ca!! or leti SENTiNELS: Sten Gerfast 1802 Val(ey Curve Mendota Heights MN 55118 Robert Prror 2455 Hampshire Court Mendota Heights MN 55120. ns s; The Mendota Heights Gity Gounci! are restricting the right of" a citizen� to remove trees on their own private property. C2tJOTE: The City Council has enacted a tree removal moratorium which �n 'made effective on March 7,1995 and will remain in effect untit tY new ordinance is adop#ed or until Sept.1,1995 whichever comes �', This mora#orium covers ail property in the city and prohibits ' the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous traes, and trees on occupied r�sidential lots of less than one acre if the trees are less than 18 inches in diameter " We feefi that yau should be able to remove an overgrown or an ugly tree and plant a new tree ,on youc PRlVATE PR4PER withaut Government interference. !f you #eei that you should be able to lar�dscape your awn pro as you want to ...................please sign this petition. PETIT�tJI� We , the citiiens of Mendota Neights,do no# agree with the City Counci('s "tree removal moratorium".. WE,THE UNDERSlGNED CITlZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORAT(JRIUM BE REPEALED. Name Address � �ate : Phone ���'8"- 46 3.� Please share this with your neighbors,and return it � to one of the add'resses below. We will present your petition #o the City Counci! at an appropriate meeting. Please feel free to add names .or make copies of this petition and distribute to yaur neighbors If yau are able to help us ...,....please call. [ Also ,if you care to, iet the City Council icnaw your feeling: by phone call or letterj SENTINELS: Sten Gerfast 18p2 Vailey Curve Mendota Heights MN 551i8 Robert Prior 2455 Nampshire Court Mendota Heights M N 55120, The Mendota Heights City Council are restricting the righ# of a citizen to remove trees on their own private property. C�IJOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first ,This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than ' one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. � ame Address Date � Phone l77S � � � `l .� 1�.� r�,�-��s� � � �' �i— i� ��� ,z�.�j,i �S��i ���` Please share this with your neighbors,and return it � to one of the addresses below. We will present your peiiiions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. TFie Mendata Neights C�ty Council are restrictirtg the right of a citizen to remove trees on their own private property. Qt.JOTE: "The Gity Council has enacted a tree remova! moratorium which .was made effective on March 7,1995 and wi11 remain in effect until the new ardinance is adopted or unti! Sep#.i,1995 whichever comes first This moratorium covers ali property in the city and prahibits the remova! of trees in the city subject to certain exemp#ions. These exemptians include dead ar diseased trees,dangerous trees�, and trees on occupied residential Iots of less than � ' one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PRQPER without Government interference. If you feei that you shauld be able to landscape your own pro as you want to ...................please sign this petition. . PET1T10N We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSI�NED CITIZENS �F MENDQTA HEIGNTS, REQUEST THAT THIS MC7RATORIUM BE REPEALED. Name �5or�al�i �rcv{� f3l. PAEl6.. M t td i�t. [ A(so Address Date P ase share this with yaur neighbors,and return it the addresses below. We will present your petitions ta th � Gity Counc'sl at an apprapriate meeting, '1l�ease feel free to add names or make copies rf this petitian and d':stribute to your neighbors !f you are able to help us .......,please call. ,if you care to, let the City Council know your fieeiings; . by phane cal! ar letter]! SENT(NELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendata Neigh#s MN �5i 2a. � ���-//� -~" Th�e Mendota Heights City Council are restricting the righi of a citizen to remove trees an their own private praperty. QlJQ7�: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995` and wili remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This mora#orium covers a11 property in the city and prohibits the remova! of trees in the city subject to certain exemptions. These exemptians include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than ' one acre if the trees are iess than 18 inches in diameier " We fee! that you �should be able to remove an avergrown or an ugly tree and piant a new tree ,on your PRIVATE PRQPERTY, without Government interference. If you feel that you should be able #o landscape yaur own property as you want to ...................please sign this petition. - PETiTiCJN We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS C�F MENDC}TA NEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. I� .FTT Address Date ' Phone m Please share this with your neighbors,and return i# to-�•one � ofi the� dc�dresses bel�w. We will present your peiitions to the City Councii �at an appropriate meeting. _ Please feel free to add names or make copies of this petition and distribute to your neighbars If you are able to help us ..,.....please call. { Also ,if you care to, let the City Council know yaur feelings; by phone call ar letterj SENT(NELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Neights MN 5512Q. The Mendota Heights Gity Council are restricting the right of a citizen to remove trees on their own private property. G2l.J(JTE: "The City Cauncii has enacted a tree removai moratorium which was made e#fective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratarium covers al( property in the city and prohibits the removai ofi trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than ' one acre if the trees are less than 18 inches in diame#er " We fee! that yau should be abie to remove an overgrown or an ugly tree and plant a new tree ,an your PRlVATE PRQPER without Government interference. lf you feel that yau shauld be able to landscape your own pra as yau want to ...................please sign this petition. . PETiTION We , the citizens of Menda#a Heights,do not agree with the City Council`s "tree removaf moratorium".. WE,THE UNDERSIGNED ClTIZENS {'JF NIENDOTA HElGHTS, REQUEST THAT THfS NIORATC}RIUM BE REPEAi_ED. Name � � ����- • • �1,. ,. '�' Address Date � Phone t �'/ � �qr'�S ��i�u'" �:t/Lt.L.�_ r t �!� %�79� .l�fd � .3�� � t s 17/ r Please share this with your neighbors,and return it to ane af the addresses belaw. We will present your petition to the City Council at an appropriate meeting. Pfease fee! free to add names or make copies , af this peti#ion" and distribute to your neighbors Ifi yau are abie �a help us ........please call. [ Aiso ,ifi you care to, let the City Cauncil know your fieeling; by phane cali or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 5511 S Robert Prior 2455 Hampshire Court Mendota Heights MN 5512Q. � The Mendota Heights City Councii are restricting the right of a citizen to remove trees on their own private property. C�1.10TE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium� covers all property in the city and. prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than � one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVA i E PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Heights do not agree with � the City Council's "tree removal moratorium .. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name Address � Date � Phone � m Please share this with your neighbors,and return it �.� to one of the addresses below. We will present your petitians to the City Council at an appropriate meeting. . Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QI.JOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until t�he new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than I � one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree .,on. �our PRiVATE PROPFA without Government interference. If you feel that you should be able to landscape your own pro as you want to ...................please sign this p�tition. . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CiTIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORiUM BE REPEALED. Address Date � Pfione Please share this with your neighbors,and return it to one of the addresses below. We will present your petitions to the. City Council at an appropr.iate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. m = �z7 The f�/iendota Heights City Council are restricting the right of a citizen to remove trees on their own. private property. C�tJOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted� or until Sept.1,1995 whichever comes .first '. This_ moratorium covers all property in the city and prohibits fY�e re'rrioval of trees� in �the. city subject � to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, . and trees on occupied residential lots of less than one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a. new tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to land.scape your own property� as you want to .:.................please sign this petition. � PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tr.ee removal moratorium".. WE,THE UNDERSIGNED CITIZENS O� MENDOTA HEIGHTS, REQUEST THAT THIS MORATOF�IUM BE RENEALED. e Address Date Phone << « .� Please share this with your neighbors,and ret!.�rn it . to one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. Please feel free� to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights Mf� 55120. � � ii T1ae Mendota Heights City Council are restricting the righ# of a citizen to remove trees on their own private property. CK.lOTE: "The City Council has enacted a tree removal moratorium which was made effiective on March 7,1995 and wiil remain in effect until the new ordinance is adopted or unti! 5ept,1,1995 whichever comes first This maratorium covers all praperty in the city and prohibits the remova! of trees in the city subject to certairt exemp#ions. These exemptions inciude dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than � � one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PRQPER withaut Government interference. If yau #eei ihat you shauld be able to landscape your own pra as you want to ...................pleas� sign this petitian. . PETITitJ�i We , the citizens of Mendo#a Heights,do nat agree with the City Council's "tree removal maratarium".. WE,THE UNDERSIGNED CITIZEN�'t�F MEND{�TA NEIGHTS, REQUEST THAT THIS MORAT(7RIUM BE REPEALED. Name Address Date =� Phone Please share this with yQur neighbors,and retum it � to one of the addresses below. We will present your petitio to ihe City Council at ari appropriate meeiing. Please feel free to add names or make copies o€ this petitian and distribu#e io yaur neighbors If you are able to help us ........please call. [ Alsa ,ifi yau care ta, let the City Council know your feelinc by phane ca!! or letter SENT(NELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendoia Heights MN 5512Q, � '3 The Mendota Heights City Councii are restricting the right of a citizen to remove trees on their own private properly. QI.JOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will rema�in in �effect until the new ordinance is adopted or until Sept.1 �1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than , one acre if the trees are less than 18 inches in diameter " We feeJ that you should be able to remove an overgrown or an ugly tree and plant a new.tree �on your PRIVATE PROPERTY, without Government interference. If you feel that you should �be able to landscape �your own property as you want to ....:..............please sign this petition. PETITION We , the citizens of Mendota Heights,do not agree .� with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED�CITIZENS OF MENDOTA HEIGHTS, � REQUEST THAT THIS MORATORIUM BE REPEALED. Name � Address Date Phone _ Please share this with your neighbors,and.return it� to one of the addresses below. We will present your petitions to the City Gouncil at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute �to your neighbors - - If you are able to help us ........please call. [ Also ,if you care�to, let the City Council know your feelings; by phone call or letterJ SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. T�e Mendota Heights City Councii are restricting #he right of a citizen to remove trees an their own private property. Qt.10TE: "The Gity Counci! has enacted a tree removal moratorium which was made effective on March 7,1995 and wili remain in effect untii the new ordinance is adopted or unti! Sep#.1,1995 whichever comes� firs# This moratorium covers aI( property in the city and prohibits the removal of trees in the city subject to certain exemptians. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential Eots of less than • one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a rtew tree ,on your PRiVATE PRfJPER" without Government interference. If yau feel that you shauid be able #0 landscape your own pro� as you want to ...................please $ign this petition. . PETITICJ�N We ,#he citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNOERSI�NED CITIZENS OF MENDC}TA HEIGNTS, REQUES i THAT iH1S �riGF��iTGRiutvi �E F'tEPE��ED. Name Address Date P Please share this with your neighbors,and return it ta one of the addresses below. We will present your pe#itioi to the Ciiy Council at an appropriate meeting.� Please feel free to add names or make copies of this peii#ion and distribute to your neighbors lf you are able to help us ........please call. [ Also ,if yau care to, let the City Councifi know your fee(ing by phone ca!! �r {etter SENT(NELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Co;art Mendota Heighis MN 55120. e � ;� , The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March �7,1995 and will remain in �effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than one acre if the trees are less than 18 inches in diameter " : We feel that you should be able to remove an overgrown or an ugly tree and plant a n�w tree ,on your PRIVATE PROPERTY, without Government �interference. If you ieel that you should be able to landscape your own property as you want to ...................please� sign this petition. PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name � Address Date . Phone to Please share this with your neighbors,and return it � one of the addresses below. We will present your petitions to ihe City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. C�l.1aTE: "The City Counci! has enacted a tree remava! moratocium which �n made effiective on March 7,1995 and will remain in effect until tF new ardinance is adopted or until� Sept.1,1995 whichever comes This moratorium covers ali property in the city and prahibits the remova! of trees in the city subject �o certain exemptions. These exemptions include dead or diseased irees,dangerous trees and #rees on occupied residential lats af less #han one acre if the #rees are less than 1 S inches in diameter " We feel that yau should be able to remove an overgrown or an ugly tree and plant a new tree �on your PRtVATE PRC'�PER without Government interference. if yau fieel that you should be able to iandscape your own pro as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Neights,da no�`r agree with the City Council's "tree removal morat�rium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HE(GHTS, REQUEST THAT THlS MORATORlUM BE REPEALED. Address Date first Please share this wiih yotar neighbors�and return it to ane of the addresses below.• We will present your petition to the City Council at an apprapriate meeting. Please fee! free to add names or make copies af this petition and distribute to yaur neighbors !f you are able to help us ..,.....please call. [ Also ,if you care to, let the City Gouncil know your feeling; by phone caI! ar letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendoia Heights M N 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. The Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes first - This. moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than ' one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and plant a new tree ,on your PRIVATE PROPERTY� without Government interference. If you feel that you should be able to landscape your own property , as you want to ...................please sign this petition. . PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. 5 Please share this with your neighbors,and return it � to one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights M N 55118 Robert Prior 2455 Hampshire Court Mendota Heights M N 55120. The Mendota Heights. City Council are restricting the right of a citizen to remove trees on their own private property. G�tJOTE. "The City Counci! has enacted a tree removal moratorium which 4 made effective on March 7,1995 and wili remain in effect untii tl new ardinance is adopted or urtti! Sept.i,1995 whichever comes This moratorium covers all property in the city and prohibits the removai of trees in the city subjec# to certain exemptions. Th exem ti n' I d d d d' eased trees dan erous trees �e first ese p o s�nc u e ea or is , g , and trees on occupied residentia! lats of iess than one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an avergrown ar an ugly #ree and pfant a new tree �on yaur PRIVATE PRt3PERTY, withaut Government interterence. � If you feei that you should be ab(e to landscape your own proper as you want to ...................please sign this petition. � PETITION We , the citizens af Mendota Heights,do not agree with the City Council's "tree removal maratorium".. WE,THE UNDERSIGNED CITiZENS OF MENDOTA NEIGHTS, REQUEST THAT THlS MORATORlUM BE REPEAL.ED. Name Address Date P Please share ihis wiih your neighbors,and return it to one of the addresses below.-We will present your petitions to the City Council at an appropriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors !f you are able to help us ........please call. [ Also ,if yau care to, iet the City Council know your feelings; by phone call or letter]� SENTINELS: Sten Gerfast 18Q2 Valley Curve Mendota Heights MN 55118 Robert Priar 2455 Hampshire Court Mendota Heighis MN 55120. � � TMe Mendota Heights City Council are restricting the right of a citizen to remove trees on their own private property. QUOTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,1995 and will remain in effect until the new ordinance is adopted or until Sept.1,1995 whichever comes �first This moratorium covers all property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less than � one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and ptant a ne�v tree ,on your PRIVATE PROPERTY, without Government interference. If you feel that you should be able to landscape your own property as you want to ...................please sign this petition. - PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal moratorium".. WE,THE UNDERSIGNED CITIZENS OF MENDOTA HEIGHTS, REQUEST THAT THIS MORATORIUM BE REPEALED. Name Address !/o �� J.�cl�t w a Y�e. „ m Date Phone s 3�a �g3-- �'6�Z „ .. Please share this with your neighbors,and return it � to one of the addresses below. We will present your petitions to the City Council at an appropriate meeting. _ Please feel free to add names �or make copies of this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Council know your feelings; by phone call or letter] SENTINELS: Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Court Mendota Heights MN 55120. TFie Mendota Heights Cit}r Council are resiricting the right of a citizen to remove trees on their own private property. QtJOTE: "The City Counci! has enacted a tree remova! moratorium which was made effiective on March 7,1995 and wili remain in effiect until the new ordinance is adopted or unti! Sept.1,1995 whichever comes #irst This moratorium covers all property in the city and prohibits the removal of trees ir� the city subject to certain exemp#ions. These exemptions include dead or diseased trees,dangerous trees, and trees on occupied residential lots of less ihan " one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown or an ugly tree and piant a new tree ,on your PREVATE PRtJPER without Government interference. if yau feel that yau shauid be abie to landscape your own pra as you want to ...................please sign this petitian. � PETITION We , the citizens of Mendota Heights,do not agree with the City Council's "tree removal maratorium".. WE,THE UNDER�IGNED C1TIZENS C}F MENDtaTA HEIGNTS, REQUEST THAT THIS MGIRATORlUM BE REPEALED. Name Address Date PI Please share this with your neighbors,and return it to one of the addresses below. We will present your petitioi to the Ci#y Council at an apprapriate meeting. Please feel free to add names or make copies of this petition and distribute to your neighbors !f you are able to help us ........please call. [ A(so ,ifi you care to, let #he City Councii l�now your feeling by phane cali or letter' SENT(NELS: Sten Ger#ast 1802 Valley Curve Mendata Heights MN 55118 � Robert Prior 2455 Hampshire Court Mendota Neights M N 55124. ne � 0 Thie Mendota Heigh#s City Council are restricting the right of a citizen to remove trees on their awn priva#e property. Qt.1QTE: "The City Council has enacted a tree removal moratorium which was made effective on March 7,i995 and wi1! remain in effect untii the new ordinance is adopted or until Sept.1,1995 whichever comes first . This maratorium covers all proper#y in the city and prohibits the removal of trees in the city subject to certain exemptions. These exempiions inelude dead or diseased trees,dangerous trees, and trees an accupied residential lots of less than ' one acre ifi the trees are less than i 8 inches in diameter " We fee( that you should be able to remove an overgrown or an ugly tree and plant a new tree ,an yaur PRlVATE PRCJPERTY, without Government interference. � tt yau fee! thai you shauld be able to landscape your own property as you want to ...................please sign this petition. . PETITIt'JN We , the citizens of Mendo#a Heights,do not agree with the City Council's "tree remova( moratorium".. WE,THE UNDERSIGNED CITIZENS C}F iVIEND4TA HEIGNTS, REQUEST THAT THIS M(�RATORIUM BE REPEALED, Name Address �Date � Phone to Please share this with your neighbors,and return it one of the addresses below. We will present your petitions tQ the City Councii at an appropriate meeting. Please feel free to add names �or make copies at this petition and distribute to your neighbors If you are able to help us ........please call. [ Also ,if you care to, let the City Courzcif know your feelings; by phone call or letter] SENTINE�S; Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Priar 2455 Hampshire Court Mendota Heights MN 5512Q. Th�e Mendota Heights City Councii are resiricting the right of a citizen to remove trees an their own private property. QUOTE: "The City Counci! has enacted a tree remova! moratorium which was made effective on March 7,1995 and will remain in efifect unti# the new ordinance is adopted or unti! Sept.1,1995 whichever comes first This moratorium covers a11 property in the city and prohibits the removal of trees in the city subject to certain exemptions. These exemptions include dead or diseased trees,dangerous trees, and trees on aceupied residentia! iots of less than ' one acre if the trees are less than 18 inches in diameter " We feel that you should be able to remove an overgrown � ar an ugiy tree and plant a new tree ,on your PRIVATE PR�PERTY, without Government interference. � if you feei that yau shauld be abie ta iandscape your own property as you want to ...................please sign this petitian. . PETITit3N We , the citizens of Mendota Heights,do noi agree with the City Council's "tree removal moratarium".. WE,THE llNDERSIGNED CiTIZEt�S {�F MERIDC?TA NEIGNTS, REQUEST THAT THIS MQRATORIUM BE REPEALED. ame � Address 78 �. Date PHone s1�y14 --� Please share this with yaur neighbors,and re#urn it � to one of the addresses below. We will present you.r petitioi to the City Council at an appropriate meeting. Pleas� feel free to �add names or make copies a€ this petition and distribu#e ta your neighbors If yau are able to help us ,.......please call. [ Also ,if yau care ta, let the City Council know your fieeling � by phone call or letter SENTINELS; Sten Gerfast 1802 Valley Curve Mendota Heights MN 55118 Robert Prior 2455 Hampshire Caurt Mendota Neights M N 55120. �s �s-d_ � Robert E. Prior 2455 Hampshire Court Mendota Heights, Minnesota 55120 (612) 688-6330 June 15, 1995 Mr. Charles Mertensotto, Mayor City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Mr. Mayor: As I e�ressed at the June 6, 1995, City Council Meeting, I am opposed t tree removal moratorium you placed on the residents and developers of Mei Heights. At the meeting, I presented over 100 petitions, and I have several which I will deliver to you, with signatures of other homeowners who are opposed to this moratorium. ����1�.� the The propose.d ordinance, which I have read, and I believe was prepared by your staff, is objectionable in several respects. These include: � 1. Minimum five hours of staff time to administer each permit. 2. The requirement to replace many trees with a 150%, two year " deposit held with the city, bearing no interest. 3. The ability of the city to declare any tree six inches in diameter and a"significant" tree, thus preventing its removal. 4. The ability of the cify to declare a tree a"landmark" tree, and prevent its removal. � 5. On residential lots of one acre or more, the restriction is twelve inches, not 18 inches. I wish to remind you that the Minnesota state sales tax started at three percent and was supposedly "temporary". It would be very simple for a future council to amend this ordinance and make all trees subject to a removal permit. 6. A developer faces siqnificant additional e�enses, being required to have elevation contour maps at two foot intervals, a tree inventory certified by a registered land surveyor, and a silly "maintenance" program. � � . Mr. Charles Mertensotto, Mayor June 15, 1995 Page 2 7. Part of the ordinance allows denial of a permit if the removal ".... will be detrimental to the health, safety, or general welfare of the public". I cannot think of a single instance where this applies. � 8. The ordinance requires "successors in interest" to be bound to re� lost trees. This will place a cloud on the title to the properly, and i find it objectionable. 9. Replacement trees must come from "certified nursery stock". Very 10. A city forester is needed, at obvious e�ense to city residents. 11. Discussions at the planning commission meeting included talk abo"ut a "tree inventory" for Mendota Heights. This is an absolute waste of ta�ayer � money. The City of Mendota Heights is substantially developed. This ordinance, now, is not necessary. I believe it was an over-reaction on the part of the council to� one person who clear-cut only five acres of land. What portion of the city does� this represent? And why should all residence suffer, just because someone removed trees? The vast majority of Mendota Heights residents are responsible tax paying voters who have the ability to make good choices for the environment and who made it clear in the last election they want less government - not more. Pleaselisten. � % rs ve truly, \ ' 1 � E. Prior a • � . June 16, 1995 RICHARD L �''ALCdNE12 1335 SYLVANDALE ROAD MENDOTA HEIGHTS, MINNE�OTA 55118 612-450-9902 _ Mayor �----� Charl.es E Mertensotto Council.members Chri�trine Koch Jill Smith John Huber Sandra Krebsbach Recently two incidences have come ta my attention that cause me concern that yau are properly representing me. 1 The first concerns the prablem with the watering restric�.i< imposed while the repairs to the tank are completed. My neighbor attended the meetings on this last spring and was impressed with the lack o£ concern you had far the patenti< damage this cauld do �o our yards if we experience a dry summer. I can put up with alo� but apathy and indifference by public officials are not ane o� them. My second concern is the ordinance you are going to pass � restricting cantral over the trees on my property. This is nonsense and and an abridgement of my propery rights and I urge you ta recansider far the foliawing reasons: � ,� 1. I� appears to be an excessive reaction to a developer clear cutting a area. If you want to control develope; wra.te an ordinance aimed at them, not homeowners. 2. Controlling my property in this manner should not be the right of government. What's next? 3. The ad�ninistrative hurdles to just make a application � � J 9 remove a tree will be extreme costly and very burdensome; so much so, that it will discourage most people from applying. Of course, this is probably yo intention. 4. The issue has even made talk radio and the Mendota Heights city commission was rightfully ridiculed. These issues, especially the latter, make me wonder if we have the right people representing us. In my mind that wil be answered in September when the tree ordinance comes up for a vote. Sincerely, 6 To: From: Subject: CITY OF MENDOTA HEIGHTS �� � 7une 1 1995 Mayor, City Council and City Adminis Kevin Batchelder, Administrative Assi�j� Mendakota Park - Backstop Alternatives for Foul Balls At the May 16, 1995 City Council meeting, representatives from Mendota Hei Athletic Association (MHAA) appealed to City Council to relax the "softball only" po Mendakota Pazk to allow more use of the fields by youth baseball. Council indicated should meet with MHAA and the softball interests to determine if both baseball and sc can be accommodated at these fields. In addition, City Council directed staff to return on June 20, 1995 with alterna� physical improvements at Mendakota Park that would help control foul balls that have concern. (Please see attached diagram of foul ball flight paths.) Policy issues concen use of the fields would be addressed at later meetings in July after all the parties have chance to work on this issue. (Please see attached excerpts from the May 16, 1995 Ci Council minutes.) City Council had specifically requested that staff seek quotes from some fence companies regarding the cost of placing hoods on the existing backstops at Mendakota Quotes have been received from Twin City Wire and from Fenc-Co, Inc. based on pn six faot (6') sloped hoods that would overhang the existing backstops. (Please see att� bids.) . T�vin City Wire submitted a quote in the amount of $6,400 and Fenc-Co., Inc' was in the amount of $7,080. Other alternatives were examined last year. The alternatives are: 1. Extend backstops vertically to a higher elevation; or 2. Install overhead netti.ng that would cover the central hub/spectator area; or 3. Install new backstops, or nettiug, that would overhang home plate; or 4. Install hooded backstops as quoted above. at staff �for na the a Diagrams are attached that demonstrate how these alternative improvements wo�ld be designed. (Please see attached diagrdms.) Guy Kullander, Engineering Technician, has provided some cost esti.mates for these various options. They are: I 1 �e Cost Estimate � Maintenance 1. Extend Backstops 10' extension (fencing) 40' poles with netking ;;1 111 �� ��1 2. Install Overhead Netting $10,400 3. Install New Backstops $30,0(}0 4. Add Sloped Haads $6,400 to 7,080 30 year life span 8 year life span 8 year life span 30 year life span 30 year life span with occasional adjustment Attached you will find a June 2, 1995 memorandum and a May 10, 1995 memorandum from Guy Kullander to Tom Lawell in which Guy discusses the sloped hoods/overhanging backstop extension. An estimate was given to him that this type of addition would stop approximately 20 °b more foul balls. Guy feels that the overhang style is susceptible to gravity and will require maintenance. He feels that a vertical extension is just as effective (more effective if higher thaa six feet (6') as quoted) and does not suffer distortion due to gravity. (Please refer to May 10, 1995 memo that is attached.) 1. Fxtended Backstops - The existing backstops could be raised from fourteen feet (14') to a lugher elevation such as twenty four feet (24'). This option would provide enhanced screening to knock down foul balls, but would not screen all foul balls. Cyclone fencing is estimated to have a 30 year life spaa. � 2. Overhead Netting - Mesh netting could be erected to extend from the comfort station to the existing backstops with cables. This netting would protect the entire spectator area from foul balls. Sight lines may be impeded and there are concerns about aesthetics. Netting will require maintenance and does not last as long as cyclone fence. 3. New Backstons - These backstops would replace the existing backstops and are shaped to overhang home plate. All foul balls would be knocked down, however, this would interfere with play behind home plate. Replacing the existing backstops would include costs for removal and disposal (or reuse) and additional concrete surfacing. 4. Sloped Hoods - These hoads would be installed on the existing backstops and would provide enhanced screening to knock down foul balls, but would not screen all foul balls. Made from cyclone fencing, the material is expected to last 30 years, however, there may be maintenance involved due to distortion caused by gravity. Funding for aay of the above listed alternatives could come from the General Fund, the Special Parks fund, private donations or any combination of these funding sources. ACTION REQUIRED Review the alternatives for improvements to address foul ball concerns at ] Park. Provide any appropriate direction to staff about any option and its funding. 0 0 t • __ _._ __._ _..�.,,...�..-_. �..,�..... Page No. 4400 May 16, 1995 would like to receive information on what the city has inv ot.tier sites, and that she would like to keep the site a quiet which does not draw people off the freeway. She pointed input from the neighborhood with respect to a third story i necessary and informed the applicants that green space is � important to her. in that � Mayor Mertensotto stated that two Council members have`consented to be a committee but have not been contacted, and that Council needs more information before it can make a decision on t�e request. Mr. Nolan responded that he will set up a meeting with city staff and will investigate the availability of Superfund assistance. � MENDAKOTA PARK USE Council acknowledged a memo from Administrative Assistant Batchelder regazding a request from the Mendota Heights Athletic Association (MHAA) to use Mendakota Pazk fields for baseball. MHAA representatives Chazlie Godbout, Mike Bazal, Dave Ayers and Dick Arnold, were present for the discussion. I Mayor Mertensotto stated that last spring Council reaf�rn policy that there be no baseball at Mendakota. Pazk becaus designed and intended for adult softball. He informed the that from what he understands MHAA is using 34 fields t� of the demands and that there are over 1,200 children in t� programs this year. . Mr. �Bazal inforined Council that there are 1288 participan youth programs, including baseball, tee-ba11 and track and that MHAA has had many inquiries from its members as t� association is not using Mendakota Pazk. He stated that fr documentation on the issue, it seems that it is an issue of b versus softball and that he struggles with a difference betv� ball�from baseball versus a pop fly from softball. He state+ sees adults playing at Mendakota a very lazge amouat of tt and the children very little and that the association would ] come to an agreement with the city. d its it was take care ; MHAA in the ield, and why the m all the en a fly that he ; time �e to - Councilmember Krebsbach asked if the city agrees to the request if the use would be by young men or if it would be for girls as well. Mr. Bazal responded that it would be joint use by all of thei spring programs. Mayor Mertensotto stated that what Council is faced with is a policy decision on youth versus adult usage of the fields. I Page No. 4401 May 16, 1995 Mr. Godbout distributed copies of a report on sourcas and uses of fields by the association. He stated that MHAA uses 14 school .. district fields and plays about 38 games a week at those fields and that it has no fields available during the week for pra.ctice. He stated that MHAA used to have fields available all week in Eagan but now can only use two fields in Eagan a week and they have no fields available there for practices. Seven private school fields aze used, at which 20 games are played a week. He stated that MHAA uses one field at Mendakota for softball on Mondays and one on Sundays and the transitional teams use Mendakota on Sunday nights. He stated that the rest of the week the fields are used for adult softbali and that the Civic Center field is used for adult softball on Thursday evening. He stated that MHAA schedules 98 games a week on 37 Mendota Heights fields and 8 games at the Sibley fields. Councilmember Smith stated that Mr. Godbout has categorized where the fields are and that it is her understanding that the city has contributed heavily to the school district fields and their maintenance. Mayor Mertensoto stated that discussion on MI�AA use of Mendakota fields is by youths aged 12 and under because they would not be able to hit ba11s out of the fields. Mr. Godbout stated that when MHAA schedules 98 games a11 over and negotiates with the school district and private schools and has fields taken away after the schedules aze done, pazents ask why they cannot go to Mendakota. Mayor Mertensotto noted that no IVIIiAA games are scheduled on. Fridays and Mr. Godbout responded that they aze hard to schedule on Fridays because Friday is a day of religious observation. Responding to a question on what MI�A is asking for, Mr. Godbout stated that MHAA is willing to work with the fact that the city wants to have an adult softball program but the association board wants to say to its membership that MHAA has a priority at Mendakota. and wants to work with city staff to secure field dates. Councilmember Krebsbach stated that the city needs to provide some adult softball, pointing out that this was an issue in the pazk referendum. She asked Mr. Godbout what he would want to limit adult softball to and in order to accommodate the association request. Page No. 4402 May 16, 1995 Mr. Godbout responded that MHAA needs at least three week nights. He stated that there aze four fields at Menc which means that MHAA would not have to go to S� Pe Visitation and St. Croix Lutheran, etc. Responding to a question, he stated that MHAA make donations for the u private facilities. Responding to a question from Councilmember Krebsb; city's softball program, Assistant Batchelder stated that teams with in excess of 400 participants. He also respo� questions on the percentage of Mendota Heights residez teazns, stating that some are entirely Mendota Heights r� some have non-residents in order to fill out teams, and i Council that there aze about 150 Mendota. Heights resid� St. Paul teams. He stated that people tend to play on te� where they work or with friends. Responding to a quesl what would happen if the softball teams did not use Me� Assistant Batchelder stated that right now Mendakota is Sunday through Thursday nights and weekend tournamE church league that plays on Frida.y night. He explained. night is set aside for MHAA. Of the twenty available sl Mendakota, the schedules two games per field beca.use t lights. He stated that there are 12 softball games schedu MHAA uses six of the twenty slots, and Sibley Girls' fa two slots. He stated that the softball program uses Men� the Civic Center fields. Mayor Mertensotto asked if the adult softball teazns are play at those two fields or if they could use some other Councilmember Smith stated that MHAA has been re. finding fields but that her concern is whether there are available for adult play. Mr. Godbout responded that the adults would fit on any Mayor Mertensotto stated that MHAA anticipates an incr participants next yeaz and if the participation continues tc year they will run out of fields, which is where a problem from a policy standpoint. He asked whether it is more im accommodate youth programs at Mendakota, and pointed the fields are not set up for youth baseball. He explainea problem is to keep the youths happy or to have to give w� softball and whether Council should allow Mendakota. to youths up to 12 years old. r four kota, � ,r's and ouncil ; of the i about the ere are 38 �d to on the dents but �rmed s on West s in cities nasto ts and a at Sunday s at ;re aze no d, that pitch has kota and able to at fields. ;ase in grow each comes �ortant to out that that the y to adult �e used for Page No. 4403 May 16, 1995 Councilmember Huber stated that the reason that Council has said that there would only be softball at Mendakota was because of the-- safety issue. He further stated that last yeaz there was a situation where a MHAA tournament was allowed at Mendakota because of confusion over scheduling. He pointed out that Mendakota is committed for 1995 and presumed that the Council is dealing with the matter as an issue for 1996. He felt that whatever the discussions are, Council should heaz the concerns and gather additional input from the adult softball people. He stated that there aze a few neighborhood park fields that might accommodate adult softball but this is not something that needs to .he.decided upon this week. He further stated that if Council is looking at doing something to improve Mendakota to a11ow baseball it would be with the idea that the city may need to a11ow some baseball and at what level. He noted that Council would need to consider starting some unprovements this year (backstops, etc.). ' Councilmember Krebsbach sta.ted that she thinks Council should make a decision on netting and that she would like Council to look at finding the resources to pay for netting. She further stated that while the city certainly wants children to have leagues, she also feels that adults need recreation and that softball teams must have access to the Mendakota fields. Mayor Mertensotto stated that he is �ot certain that netting is the best solution but that Council must set a timeline for making a decision so that MHAA can know whether it can use some fields at Mendakota. next year. Councilmember Koch stated that more input is needed and that while Council can say that it will definitely ha.ve something resolved for 1996, she could not say it is oka.y to deviate from the cuirent policy without giving more thought on if and how to do it. She stated that the city has been trying to accommodate everyone. Councilmember Huber pointed out that Mendakota has the largest fields and asked if that is wliere the MHAA need is the greatest. He asked if the pressure point is for the little children or the bigger ones. Mr. Godbout responded that as the children get older the greater the need for more refined fields. He informed Council that there are about 60 children in the 13 year old group and 11012 year olds. Page No. 4404 May 16, 1995 Mayor Mertensotto stated that by the June 16 meeting should c�ecide about raising the back stops or adding n possible make a decision on the policy issue in July. Councilmember Smith felt that Council should work two issues and make a decision by the end of July. Responding to a question from Mayor Mertensotto abo� fees, Assistant Batchelder stated that the city charges $� which pays for the program, and the American Softball also pays the city a fee. MENDOTA PLAZA Council acknowledged a memo from Treasurer Shaughn� IlVIPROVEMENTS regarding continued discussion on the request from the 1� I Plaza Associates for up to $200,000 in tax increment fin� assistance to aid in constructing storm water and utility improvements at the Mendota Plaza, along with a propos development agreement. Mr. John Streeter, representing Plaza. Associates, was present for the discussion. ng and ,_. 11e1 on the softball D per team, Mr. Streeter informed Council that the proposed agreement was developed by the city, and the developer's legal counsel h� as reviewed and agreed with it. I Mayor Mertensotto stated that he realizes that the agrf patterned after an agreement with another city but felt the point. He stated that the estimated total cost is $4� total project and that Mendota Plaza Associates has sx needs some TIF contribution. Council discussed $20( there was some question of not doing a minimum amc qualify for TIF. He did not feel that the agreement aG intent that if the developer does the full $486,000 of v� would contribute the $200,000 TIF. City Attomey Hart responded that the minimum improv defined term and it is only after the developer does the i agreed upon improvements, including landscaping, etc., would contribute TIF. Mayor Mertensotto sta.ted that the developer is tallcing $483,000 project and that he must commit to doing all which has been estimated at $483,000. He stated that ; is completed he would receive $200,000 from the city, definition states, reimbursable costs. ;nt was : it misses 00 for the that it ), and of work to plishes the the city is a the city �t a �e work, the work as the a TWIN CITY 1NIRE - N(Fi Sirrc� te� c 19 May 1995 Mayar Chuck Merten�otto City Hall � Mendo�a Heights, MN 55118 Dear Chuck: - P.O. BOX2106N .135Q filfil4WAY 144 SOUi}t Si: PAlM. idtt 55t2t IEIEPHONE: MlNNESOTA WATS: • t�uno�nae wars; FACSIMILE: MAHttFACTilRERS EHECTQR3 R�kW fa6rlctUan 1Ycrxn 1+Are tXod� � , • 612-151�8835 soo�s�z�� eoa-aza-0ns 612-{54-7073 A Enclosed glease find our quote for the "Backstop Addition" for the four plex softball fields. Please note that the specifications we are using are standard for a baseball field backstap, If you, or anyone else, wauld like to see an actual backs�op, sinu.lar to this prapasal, just stop by the Sibley High School and laok at the backstop on the new fields. The design shouZd be able to catch a goad percentage af foul balls . As you are aware, it wili not catch them all. ' �t you have zny questions, please don't hesitate ta call me at -- 454-8835. Sincerely, �N CITY WIRE-MFI, ING. ;�� ���-� ��.. . � Gr g Lents�h � General� Mainager��- Wire' CZoth Sa3.es GL/bdc Attachment: Quate . � .-,' ., _ m TWiR1 CITY iNfRE - MFI sinoe te69 1 _ MAYC}R GHtTCi{ MERTENS4TT0 GITY AALL MEND(?TA iiEIGHTS, MN 5511$ �.,,. � p.o. eox2Fase �35Q tKs�i4YAY t ST.Ptd1�MN55' �f M4MNES4TA ERECTORS Me1a1 fab�ic�Gon Yto�+dr WrepoCi ' � . Refere�ce: �NDAKOTA PARK { BACRST{?P ENHA Architec#: 612-454-8835 80Q�{2-098t aao�rz� ' 612-154-7073 GENTLEMEN: � - I tn accordaace with the pians and �ecifications of the o ect referred to above we ar+e I P� j � 6, 400. 00 — 4 F'IELDS ' pleased ta quate o� the following mate�ials as indicatcd : . . . . . . . . . . . . . . . . : . . . . . . . . . S 1.730,�00 gER FIELD . Net 30 Ciaysj �2 — 3 FIELDS} Sales or Use Tax: � Not Included Service Charge and Interest F.Q.B. Sx. Fau! w#th fnight allowed ta: on De1��qnent Accounts _. Addenda considered: JOB SITE No Retainage Aliemates coraasidered: N / A "�� . �ietd Measu�ements: N / A rection: N / A � Bid not valid after 30 days. INCLUDED SPEGI FlCATEONS TWIN CITY WIRE—MFI.PROPOSES TO PRGIVIDE ALL EQUIPMENT, LABQR AND MATERIALS TO INSTALL A 6f-4" SLOPED HOaD{S} ON THE EXISTING BACRSTOP(S). MATERIALS WOULU MATCH THE EXISTING P2PE SIZES, WIRE GAUGES AND ALSt? INCLUDE A GALVANIZED FINISS. � � THIS QUOTE DOES N4T INCLUDE AND IS SUBJECT T4 AI,L APPLICABLE TAXES. . . • � TWii�t CITY WI RE — MF( Axepted; gY // v' �.�/vv y Mike Demco $Y Titl _.�te Oate 1.9 M�� 19-45 AtI spreemeats are cantis�eni uDort sifikes, acctdeats aad detays beyo�d oa� cont�ot, Manufactu�ers . Oistributors . Erectors . kfetat Fabrication - Architecturat Products - Chai» Lirtk Fertce • Woven Wire Cloth - Steel Joists - Meta/ Raol . .-_ ..,,.,. � NARM�, �g5-0E,-02 11=12 F'ENC-00. INC. 612-508-5092 R f � i FENC-CO, liVC. � Chain l.ink and Wood �ence Contractors �� Main nffice: Yard & Branch affite� 8I0 N. Lilac Dr., Snite 118 11993 • 2d5th St. W, ' Minneapalis, MN �5422 1�'�`�u6 4b9-3� (612)588-5191 _ i ) June 2, I995 TO: Guy Kuttander City af Ivfendota Heigh�.� FRQM: Dan Gro�.�nan Fenc-co, I nc. 0 RE; Backsto� overhangs at Mendakoia Park The cost to �dd 6' overhangs to the four softball backstops requested would be �70AU.00 i.et me know if you have any yaesEions. Dan Gms�+�nan 6 5-31-95 Dan Fence-Ca, Inc. FAx # 58$-5092 From: Guy Kullander City af 'Mendata Heights 452-1$50 - ' � Can you give me an estimated cost to install b foot sloped II� averhangs on four softball backstops located in Mendakota Pa Below are the existi.ng backstops instal.led in 199i. 0 �Ta� ( � , ' ` � \\\\/¢�% ,, o.� �A��. �Y��. wh� �hr � • � � � - tyd,6 C�IAu�IE Fi�+P�l� ;,� �, . , �� i"ti ��i� F�`I L =�u� I� �`t A�.;. I.oWi� �K ��-'1GFf� ' F�� F�'ftNl�. � `�a. Q GtAUGE F� RIG ' D�AI I- � t� R � �� ~ ����r�t o° p°�� f4'—o'' 40�,�p.� � G',. 'z G'�- � 'fo t�,' . 0 � .� 4 0 0 s 0 ', EXTEND�EXiSTING HACKSTOP BY ZNSERTING �,� 3 1j2" PIPE INSIDE THE EXISTING A" ' . PZPB� WELD TO SECURE AND INSTAI.L NYLON ' MBSH NETTING OVER THE EXTENDBD GRID WORK. � 9 IN5T11LL 30' ta 40' POLES BEHIND EXISTIN6 BACICS�P ANb DRAPF NY?.AN N"ETT7NG FRAM � I • ' ! �. � � � ::�:: � h4 '�i� 4 �t ni.�ra�..aa ava,,�.�..a.a�v iv �..raa�.u.:.v. +�+.+�+.��%E' NETTING AT END OF SEAS4N. � ..... . .__.�,_ . . _. ... ,. ....... ...... ..__ .....__-- �\ � .� ' OPTION #2 �' INSTALL NETTING MA,TERZAL FROM � ; , BUILDING TO TOP OF BAGKSTOP. ATTACH NETTING TO GABLES. R�MOYE � NfETTING AT END t�F SEASON. •• ' � "4',{t,:. ;y,,t�fr}"osia;'�.G't�;'ili.2k,aw:'`tYi {tis�:fs�aeP�i+ie�$��`..,:v";�.r v.•x:� ' 1:5s�+L. • ' � . I NETTING ATTACHED . � • TO CABLES STJRDNG � • Q. FROM TOP OF BAGRSTOP :� � TO EDGE OF` ROOF � . _ _._ i! � �--1— — _ � •_ _ � �. ._ �. .� � _ _• � i _ ._•_ _ ._ — _ '� __ �. .._� �. � .�- — — — t � � I � 4� • • � . , r ='�► L � � { t. � �. .r I . . j t 4 7 F'I-�Y�R'� ��h�M ����� �� (�����V � ��.��,���� �� 5c���. �ATTACH NETTING OVER BACKSTOP ABOVE BATTER. WITH EXISTING .BACKSTOP POLES COMPLETE CQVERAGE � IS NOT POSSIBLE. ADDITIONAL Pt}LES , MUST BE INSTALLED TO ACHIEVE FULL COVERAGE. �IR�•� / PLAYERS AND COACHES DO NOT LIKE ��THIS OPTION BECAUSE IT ELIMINATES• � ,,� THE CATCHERS PLAY OF FOUL BALLS. 8'��'��1"f ��N�� �'�~-- pl-1�Y�1� ' ��N�H 3-a oP�hiH� G1YP) �3��K�To� �l to -art Nfi�� ��Y�U L May 10, 1995 Tom_Lawell, The•,overhangs on the two softball fields at Sibley Park added by the School District. Our original installation was for 16 foot tall vertical backstops. The problem with the overhang style is gravity. The force o gravity "works" on the overhangs and causes them to drop an sag. This is evident on both backstops at Sibley. I feel that the better way is to go vertical with any exte A vertical extension stops the same number of foul tips as overhang might but does not suffer from distortions over t Vertical extension require internal pipe sleeves, but the s� or mare piping is required to brace overhang structure. Cost wise it should be a wash with maintenance costs being less over the years. Guy � . � .� -- :/ � �i - . Q 1� �� � � \ '` . � � �'' � . �� �'. � f / �S„ �D ��- �g A�'� �� S�y � � �� %` � S� �1 ' � � Z�� _p,� _4 � ions. 0 9 a June 2, 1995 Memo to Tom Lawell From: Guy Kullander, Parks Project Manager Re: Overhangs on backstops at Mendakata Park I have reviewed the proposal ta�ins�all overhangs on the existing backstops at Mendakata submitted by Twin City Wire to Mayar Mertenso�to'and find the price quo�ed �o be very resonable. I gat a second quote from the original installer of the backstops which was about $70p higher. When asked how many fau2 balls this overhang would stop the second bidder, Fence-Co, responded 15 to 20�percent. � ��-- a �(�lac Page No. 4402 May 16, 1995 Mr. Godbout responded that MHAA needs at least three week nights. He stated that there are four fields at Menc which means that MHAA would not have to go to St. Pe Visitation and St. Croix Lutheran, etc. Responding to a question, he stated that MHAA make donations for the u private facilities. Responding to a question from Councilmember Krebsb� city's softball program, Assistant Batchelder stated that teams with in excess of 400 participants. He also respo� questions on the percentage of Mendota Heights residen teams, stating that some are entirely Mendota Heights rE some have non-residents in order to fill out teams, and i Council that there are about 150 Mendota Heights resid� St. Paul teams. He stated that people tend to play on te� where they work or with friends. Responding to a quesl what would happen if the softball teams did not use Me� Assistant Batchelder stated that right now Mendakota is Sunda.y through Thursday nights and weekend tournamE church league that plays on Friday night. He explained night is set aside for MHAA. Of the twenty available sl Mendakota, the schedules two gaxnes per field because 1 lights. He stated that there are 12 softball games schedu MHAA uses six of the twenty slots, and Sibley Girls' fa two slots. He stated that the softball program uses Men� the Civic Center fields. Mayor Mertensotto asked if the adult softball teams are play at those two fields or if they could use some other Councilmember Smith stated that MHAA has been resow �r four . kota, �r's and 'ouncil e of the h about the .ere are 38 ed to on the dents but ormed ts on West .s in cities n as to akota, sed ts and a -- at Sunday s at ;re are no d, that pitch has kota and �ly able to lds. ceful at finding fields but that her concern is whether some of the 'resources would continue to be utilized and if other fields would be �adequate for adult play. Mr. Godbout responded that the adults would fit on any of the fields. I Mayor Mertensotto stated that MHAA anticipates an increase in participants next year and if the participation continues to �grow each year they will run out of fields, which is where a problem �comes from a policy standpoint. He asked whether it is more important to accommodate youth programs at Mendakota, and pointed �out that the fields are not set up for youth baseball. He explained�that the problem is to keep the youths happy or to have to give wa,y to adult softball and whether Council should allow Mendakota to be used for youths up to 12 years old. I � CITY OF MENDOTA HEIGHTS MEMO June 2, 1995 TO: _ Mayor, City Council, City A a FROM: Kathleen M. Swanson�-� City Clerk SUBJECT: Ballfield Use - Tax Forfeit Parcels INFORMATION On April 18 and May 16, Council received memos regarding the classification of tax- forfeited properties within the Centre Pointe development. Direction from Council on May 16 was to investigate the potential for tee-ball fields on parcels adjacent to the cemetery property and to prepaze information on assessment delinquencies on the Centre Pointe lots. DISCUSSION Treasurer Shaughnessy has researched the assessment information for all of the plats within the development. Delinquency information on the four recently forfeited 1� abutting the Resurrection property is as follows: Delinquent Assessment Parcel Principal & Interest Principal Balance Lot 1, Block 1 $ 54,211.10 $17,010.35 Lot 2, Block 1 $ 49,316.28 $15,419.29 Lot 3, Block 1 $ 49,316.28 $15,419.29 Lot 4, Block 1 $ 79.562.45 $24,967.01 $232,406.11 $72,8 Y5.94 Several other lots in the development were forfeited last yeaz. Assessment on the two non-redeemed pazcels is as follows: Parcel Lot 1, Block 2 Lot 7, Block 1 Delinquent Principal & Interest $156,340.28 $ 45.300.80 $201,641.08 Assessment Principal Balance $49,056.65 $14,329.16 $63,385.81 Guy Kullander has prepazed information on potential temporary use of the newly forfeited lots in Block 1 for tee-ball and/or transitional ballfields. His memo is attached. Although he used the term "softball field development," the information in the report refers specifically to development of tee-balUtransitional fields with "skinned" infields. I have recently been contacted by a local developer who has expressed interest in acquiring Lots 1-4, Block 1 for potential townhouse development. I bring this to Council's attention simply to inform you that there is interest in the property. The developer was informed of Council's possible interest in temporary ballfield use for some or all of the four lots. He indicated that he would remain interested in acquiring any or all of the lots now or at such time as the temporary city use ceases. Should Council decide to acquire any or all of the four lots, funding from the Special • Park Fund or whatever other funding source is available should be used to temporarily support at least a portion of the delinquent assessments. When the lots are ultimately sold, the purchaser will be required to fu11y pay all delinquencies. ACTION REOUIRED Council should discuss the desirability of temporarily acquiruig property within Centre � Pointe for ballfield development and direct staff on whether to request non-conservation classification for those lots which would be retained for temporary ballfield use 0 June 2, 1995 Mema ta: Kathy Swanson - From: Guy Kullander, Parks Project Manager Re: Softball field development costs for Centre Painte Lo�s ROUGH ESTIMATE Assumptians: 1. 2. 3. 4. 5. 5. 7. 8. 9. e 1 thru 3 Use only lots 1 thru 3, four is wooded � Field size: Max 180` along 1st and 3rd bas� lines, cen�erfield 210' Parking. One field, park on street. Twa ar more fields require min. 2p stalls per field-gra�vel or bituminous In�'ields will. be ag-lime Outfields, Use existing soils. Regradel rototile pick%remove rocks, kil.l existing vegatationi, fertilize and seed, Backstops, players benches and pxotective fence, permanent bases and foul poles (na pearmiter+fence) One portapotie per field {max. 3 far 4 fi�lcls} No landscaping. No bleachers. No ammenitiesl. NO irrigation system. I Identi�'ication signage and regulations. Estirnated cast to prepare:one field would be $ 12 to 15,Oq0. twa fields wouid be $25 to 28,000. three fields would be $ 35 to 38,0 four �ields wou�d be $ 45 to 48,00 Above assumes that any excess dirt from grading operatians be disposed of on site and that no �torm work is required. m CITY OF MENDOTA HEIGHTS _. MEMO June 6, 1995 TO: Mayor, City Council, City Administrator FROM: Kathleen M. Swanson� City Clerk SUBJECT: Tax Forfeit Lots - Ballfield Use �NFORMATION A drawing showing the potential layout of ballfields in. the Centre Pointe plat was � inadvertently included withiu the add-on agenda delivered to Council last evening. PLEASE disregard the drawing - it is a copy of the layout which was given to Council on May 16 and is no longer under consideration. Attached is the map which should have been included in the add- on packet. Its intent is simply to show Council the entire Centre Pointe development so that you can identify parcels to match the delinquent assessment information which is contained in your regular agenda packet. Lots 1, 2 and 3lying along the south side of Center Pointe Drive aze the lots wluch are potentially developable for ballfield use. To avoid additional expense, I did not ask Guy to prepare ballfield layouts. He did, however, do a preliminary site visit and cost estimate. This information is included in the attachment to the tax forfeit parcel memo in CounciY°s regulaz agenda. packet. � y�y � , ` . ,�, y ��,' %c�. .�� �Y}, •� r � jr�p,,,� ,i�: ' � . t;,��;•,�'ji¢'!• +Q`aS,��,''_ • . • . . ' r t ��5� Y � t; � ��i , �' �1j`� `+�'�"�„ �.,�� `a �.� . 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' .. ; �.� �.�, -�`� ;:%� � � ' _ . � r}}j ^ .s, ;�,. ��•. � _ � ' _ ~ W ��___ . . ..��'�� :, I � r= CITY OF MENDOTA IiEIGHTS June TO: Mayor, City Council, and City Adminis FROM: Marc Mogan M.,1� Civil Engineer SUBJECT: Feasibility Report Curley's Valley View Street Reconstruction 7ob No. 9311 Improvement No. 93, Project No. 4 INTRODUCTION• The condition of the existing streets in the Curley's Valley View neighborhood that typicai preventative maintenance practices no longer provides an acceptable drivin; surface. The streets in Curley's Valley View Addition were constructed around 1970, have surpassed their expected 20 year useful service life. The streets in this neighborh wamant resurfacing or total reconstYuction under these circumstances, in order to resto� street to an acceptably smooth bituminous surface. This feasibiliry report, wluch was ordered by Council Resolution No. 93-53, September 21, 1993; will discuss the pmject history, description, costs, financing, s and offers a recommendation for the improvement. PRO.TECT ffiSTORY: Ms. Pat White presented the City with a petition for the preparation of a street reconstruction feasibility report in Apri11993, signed by 32 of the 96 residents of the C neighborhood. The petition presented the residents with two options includi.ng the app� cost of each. One option was a simple overlay at approximately $1,500 per 1ot. The s� option was based on the assumption that the City would fund 50 percent of a total reconstruction project including concrete curb and gutter, and storm sewer at a cost to 1 homeowner of approximately $3,400 per lot. Most of the property owners who signed petition favored the total reconstruction option. , 1995 such the At the time the petition was received, the Engineering Department was in the middle of designing or constructing several pmjects that were already scheduled, or had higher priority. Council's adoption of a moratorium on street reconstruction projects pendi.ng resolution �of the Friendly Hills Improvement project already in progress, delayed any work on the Curley Street Reconstruction project. Completion of the other work, and resolution of the street reconstruction moratorium associated with the Friendly Hills Street Reconstruction project presently under construction, affords the Engineering Department an oppor�unity to resume work on this improvement project. � � The streets in the Curley's Valley View area were all constructed in the early 1970s. The streets were constructed to the City's rural standard of 30 feet wide with a 6" gravel base and a 2" bituminous surface. During the past 25 years, the streets have been slowly deteriorating, street sections have lost their crown, water is ponding in front of many driveways and the bituminous surface is cracking and crumbling. Potholes and deficient street sections are repaired under the yearly street maintenance budget and the current frequency and extent of these repairs suggest that this course of action is no longer prudent. The aormal expected service life for bituminous streets is 20 years, which at this time would suggest that a street reconstruction project for this neighborhood is warranted. PRO.TECT DESCRIPTION• There are appro�cimately 1.6 miles of streets in the Curley's Valley View neighborhood, which include Cullen Avenue, Mary Adele Avenue, Patricia Avenue, Theresa Street, Timmy Street, Tom Thumb Boulevard, and William Court. A complete reconst�uction project in this neighborhood would be more complicated thaa adding curb and gutter and installing a new bituminous surface. Installation of B618 concrete curb and gutter might affect existing dtainage patterns on private property. Grading will be required to match the existing grades with the proposed curb. 5ide yards may need to be regraded to drain backyards effectively. Street sections, with the exception of a section of William Court adjacent to I- 35E, will be rebuilt to meet the requirements of City 5tandard Streets. Construction of City Standard Streets between 989 and 1025 William Court would be difficult and very disruptive, �- and for that reason it is recommended that this section of the neighborhood be milled and overlaid instead.� All other streets in the neighborhood would be built to aclueve a seven ('� ton design capacity pavement section, consttucted 33 feet wide face to face with concrete curb and gutter, and storm sewer where appropriate. An effective way of rebuilding streets to achieve a greater design strength is to reclaim the existing bituminous surface and incoiporate the reclaimed bituminous as part of the base material. Tlus method has been used with good success on the London/Downing street project, and the Friendly Hills reconstruction project now under construction. Installation of curb and gutter, also mean that storm sewer will be needed to route storm water runoff effectively off-site. There are four locations in the Curley neighborhood where storm water diains. Four separate storm sewer systems would be constructed to provide adequate dtainage for the entire neighborhood. Due to some downstream concerns associated with the discharge from the proposed Mary Adele drainage systems, the final design of these storm water systems may provide for some local street flooding during major storm events, or may include a comprehensive storm water ponding design in conjunction with the proposed Curley Redevelopment now under consideration. Construction would commence with reclamation of the existing bituminous surface that would be crushed for use as a recycled aggregate base for this improvement project. Storm sewer pipes would be constructed in accordance with the storm sewer system design. Pxisting ditches and driveway culverts, except for that section of William Court mentioned previously, would be eliminated. Inadequate street subgrade conditions would be repaired. Drain tile would be installed, where necessary and feasible, to provide a stable subgrade for street consttuction. Additional aggregate base would be placed as required. Concrete curb and gutter would be constiucted, followed by the construction of two lifts of bituminous surface. Driveways would be reconshucted in kind, to the extent they were tlisturbed. would be iuushed graded and restored with seed ar sod. PRO.TECT COSTS: A summazy of the preliminary estimated project costs inclnding contingencies, I engineering, administration, and overhead for the proposed improvement are as -folloR - Item Description Watermain Storm Sewer City Standard Sireets William Caurt Mill and Qverla.y TQTAL PROJECT CQST PRO.TECT FINANCING: Praject Co�t �7�o,00a.00 This pr�jeci would be financed from a combination of special assessments, Infrastructure Reserve, Water Utiliry, and Ta� Increment Financing (TTF) Funds. In 1992, City Council adopted the Sbreet Rehabilitatian and Reconstruction Pa T�is policy encourages the upgiading of rur�l street s�ctions to City Standard Stre�ts. policy also provides funds firom various City funding saurces ta aid in the cost of reconsiructzan. Tha City Sineet Rehabilita�ion and Recons�tructian policy states that the City will fivaance up to 50 percent (Sp �) of the total pmject ct�st for a project to upgrade and reconstr streets that meet the requirements far City Standard Streets. That same policy indicates that benefited properties should be assessed the cast of the upgrade or capital impmvement (i.e., storm sewer and concrete curb and gutter}. � � This pmject pmposes to deviate fmm this funding policy in a manner consistent the Friendly Hills improvement project now under constructian. On the Friendly H�lls project, after deducting all possible Water Utility,l'II�, ar Municipai State Aid (MSA) contributions, the City funded 50 percent (50�} of all pmject cas�s from ihe Infrastrucl Reserve Fund that would be otherwise assessed against benefiting propert%es. The samE funding approach is being recommended to iulance ihe cost af these improvemen�s. U� this praposal, the property awner would be assessed one half of the cost af the propose� improvement projeci with matching City I�nfrasttucture Reserve funds after dedacting al contributions from other possible City funding sources. I recammend that all incidental watermain related construction costs be financed the Water Utility Fund. of The narth side of 14�try Ade1e Avenue abuts properiy which is now vacant and is� included in the current Curley Redevelopment proposal under consideration for the commercial property in the southeast quadraut of Highway 11U and Le�ciuugtan Avenue. Given the fact that this praperty will not benefit from this improvement pmject unless this property is develoged � as single family lots, I recommend that the proportionate share of the improvement costs attributable to this property (eight equivalent lots) including any necessary drainage and utility easement acquis�tion costs on the Curley site be paid with Tax Increment Funds. That porkion of William Court abutting I-35E is another area of this proposed improvement project which is not assessable. I recommend that the proportionate share of the improvement costs along the frontage of I-35E be covered by TIF. The properties at 989, 995, 1001, 1007, 1013, 1019, and 1025 William Court would be assessed the balance of the mill and overlay improvement costs. All other properties in the project improvement boundary would be assessed 50 percent of the remaining improvement costs on a per lot basis. Any lots which are currently vacant, (one 1ot each on Patricia Street, Theresa Street, and William Court) would be included in the total number of assessable lots for the determination of the per lot cost, but would have the assessments deferred until such time as the property is developed. U.S. West has title to a parcel on the north side of Cullen Avenue which would be assessed on the basis of one-half of an equivalent residential lot. Based on the above criteria, the proposed improvement funding amounts are as follows: Citp Standard Streets: s Water Utility: Tax Increment Financing: Infrasttucture Reserve Fund: Special Assessment: TOTAL PROJECT: (City Standard�Streets) $744,040.00 The proposed assessment per residential lot including one vacant lot; two potential lots splits, and eight equivalent residential lots is: $352,000 = 100.5 =$3,500 per 1ot. William Court Mill and Overlav: Tax Increment Financing: Special Assessment: TOTAL PROJECT: (William Court Mill & Overla.y) �, : 111 11 ;�: 111 11 $16,000.00 The proposed assessment for the seven lots on William Court which would be milled and overlayed would be $8,000 = 7=$1,150 per lot. PRO.TECT SCHEDULE: It is antieipated that the entire improvement could be substantially completed 1996 construction if the project is ordered and approved in a timely manner. Folloa tentative schedule of target dates for the proposed improvement project. Task Public Hearing Field Survey Desiga Bid Construct Assess PRO.TECT IlVITIATION: Time 7uly 6, 1995 October - December 1995 November 1995 - January 1996 February 1996 May - October 1996 October 1996 ing the is a The proposed improvement project was brought before the City Council by a petition of less than 35 percent (35 �) of the total assessable frontage of property owners in the� Curley's Valley View Addition neighborhood, and therefore, Minnesota State Statue Chapter 429, "Local Improvements, Special Assessments" stipulates that a four-fifths majority will be required if the City Council is to order this proposed public improvement. � RECOMMENDATION: The Curley's Valley View Addition street reconstruction project is feasible frc technical and financial standpoint, and can be accomplished independent of any other as proposed. I recommend that the Council accept the feasibility report, and proceed proposed improvement by holding the required public hearing on 7uly 6, 1995. ACTION REOUIRED: If Council desires to implement the recommendation, they should pass a motion adopting Resolution No. 95-_, RESOLUTION ACCEPTING FNGINEER'S REP( AND CALLING FOR HEARING ON PROPOSED STREET RECONSTRUCTIOr REHABILITATION IlVIPROVEMENTS TO SERVE CURI.EY'S VALLEY V�W ADDITION (IlVIPROVIIVIENT NO. 93, PROJECT NO. 4) 93, PROJECT NO. 4). MSM:dfw a the � m r � �i c . ��■, � • , .■.k � ,.��•/f. � � � u �_� ■���Il��i ��::� ■��. - �►���������■ � ��:�� SHERESA SiREET Tt1ViMY S'iREET `'�.. �NTFRsfAT�`�.. N�G, y�p�� TF3ERESA STREEf siREEr �. ■ � � � ( i � �. � �a � 0�� 20Q� _ 400� i c�-� . ��� � , LEGEND II, PROPQSED SFORM SEWEEt PlPE � �— — — — — EXISTINCi STORM SEWER PIPE . ' .�-�- �► EXiSTiHti OYERl14ND DRAINAt3E SWAIE �' � PROPOSED CURLEY REDEV6LOPMEN7 AREA ' �• PROPOSED WILLIAM COURT MILL AND OVERLAY ASSESSMENT AREA GUR�EY'S VAE.LEY VIEVtf ADDITION STREET RECQNSTRUCTION � VAGAM' l.OT - � � FEASIBILITY REPOR7 JOB NC?. 9311 � {MPROVEMENT NO, 93-4' - � DRAWN �Y: CRS DAi'E: $l15195 City of Mendota Heights Dakota County, Minnesota RESOLUTION NO. 95- RESOLUTION ACCEPTING ENGINEER' S REPORT AND CALLING FOR HEARING ON PROPOSED STREET RECONSTRZ AND REHABILITATION IlVIPROVIIVIENTS TO SERVE CURLEY' S VALLEY VIEW ADDITION (IlVIPROVIIVIENT NO. 93, PROJECT NO. 4) WHEREAS, the City Engineer has submitted his report to the City Council with respect to the proposed reconstruction and rehabilitation of streets in Curley's Valley View Addition�, to-wit: The construction of street improvements consistin of the a uisition of easem �nts and g � the grading, stabilization, drainage and bitumiaous surfacing, construction of concrete curbs and gutters and storm pipes on the streets to be situated in the area hereinafter more particularly described. ++ , the area proposed to be assessed for said improvements is situated within� the � City of Mendota I3eights in Dakota County, Minnesota, and is more particularly described as follows: � Those parcels abutting Cullen Avenue, Mary Adele Avenue, Patricia Avenue, Street, Timmy Street, Tom Thumb Boulevard and William Court. WHEREAS, in said report said City Engineer reported that the pmposed improvements and construction thereof were feasible and desuable and further reported on the proposed costs of said improvements. � NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City Mendota Heights, Minnesota as follows: _ - 1. That the report of said City Engineer be and is hereby received. 2. That a public hearing on said improvements be held on 1�esday, 7uly 6, 1995 at 7:45 o'clock P.M. or as soon as possible thereafter, at the Mendota. Heights City Hall 1101 Victoria Curve in the City of Mendota Heights. 3. That the City Clerk, with the aid and assistance of the City Attorney, be and is hereby authorized and directed to prepare a notice of said heari.ng and to cause said notice to be published and mailed to the owners of the property situated within said area, all in accordance with applicable Minnesota. Statutes. Adopted by the City Council of the City of Mendota Heights this 20th day of 7une, 1995. CITY COUNCII, . CITY OF N�NDOTA HIIGHTS : Charles E. Mertensotto, Mayor ATTEST: Kathleen M. Swanson City Clerk CtTY OF MENDOTA HE(GHTS MEMO June 15, 1995 TQ: Mayor and City CounciE �RQM: Tom Laweli, City Administr o Larry Shaughnessy, Treasurer SUBJECT: Preparation af 1996 Budget - Preliminary Schedule DISCUSSION With the onset of summer, we are all starting ta enjay the many advant� associated with the season-- barbecues, boating, and bratwurst just to name a few. The season does have its disadvantages although, including bugs and.�.. budgets! That's right, its time to start the process ofi preparing our 1996 b�dc document! The time line associated with the ar�nual budget preparation process largely determined by working backwards from a State imposed preliminary adoption da#e. Although we have not yet heard from the S#ate regarding tt year's magic date, we expect it will again be sometime in mid-September. Attached please find a preliminary schedule which will serve to comptete th process wifihin that time frame, Of course, City Council input is essential ta the successful completion f of the budget development process. It is sugges#ed that Council conduct two wo�-kshops on the topic this year-- one at the beginning of the process and ane at the end. The early budget workshop is suggested far 6:30 p.m. on Thursday, July 6th. You w�ll recatl this is the date of our rescheduted City Council meering inrhi happened to fall on July 4th this year. By sfiarting one hour in advance, Council wi[t be able to pravide to staff the general parameters #hey would [ike to see adhered to during the budget preparatian process, along with any specific expenditures they would like to see included in #he 6udget document. The second proposed workshop is suggesfied for 7:04 p.m. on Tuesday, August 29th, a date which happens to be a fifth Tuesday. This workshop will allow the Council an opportunity to review the budget in detaii prior to the anticipated preliminary budget adoption date of September 5th. ACTION REQUIRED If the attached schedule is acceptable, Council should adopt the attached Preliminary Budget Preparation Schedule, and should consider setting City Council budget workshops for Thursday, July 6, 1995 at 6:30 p.m. and Tuesday, August 29, 1995 at 7:00 p.m. _ r . June 20 June 25 July 6 July 10 July 17-21 August 8 August 29 (5th Tues) September 5 PRELIMINARY BUDGET PREPARATION SCHEDULE Assumes Adoption Deadline of September 15, 1995 Establish Budget Preparation Schedule- Request Council�Input Budget Forms to City Departments Pre-Council Meeting Workshop to Discuss 1996 Budget Parameters Department Budget Request Forms Returned to City Department Budget Meetings Preliminary Budget Document to Council for Review City Council Budget Workshop (last possible date) Council Adoption of Preliminary Levy and Budget m d,LOSENNINI `S,LHJIHH VIOQNHW 666T '6 3N11P d � w o krJ zo