1995-04-04REMINDLR: BO�iRD OF REVIE'� bIEETING CONV�TES AT 7:00 P.M.
S 1 �
�
CITY OF MSNDOTA HEIGHTS v
DAROTA COIINTY, biINNRSOTA
' AGENDA -
April 4, 1995 - 7s00 P.M.
1. Call to Order
2. Roll Call
� 3.* Board of Review - 7:00 P.M.
4. Agenda Adoption
5. Approval of March 21 Minutes
6. Coasent Calendar
a. Acknowledgment of the March 28th Planning Commission
Minutes.
b. Acknowledgment of the Building Activity Report for March.
c. Acknowledge Receipt of February lst NDC-4 Unapproved
Meeting Minutes and Executive Committee Unapproved
Meeting Minutes.
d. Approval to Hire Probationary Police Officer.
e. Adoption of Special Fire Suppresaion Chapter Ordinance -
ORDINANCS NO. 303.
f. Approval of St. Thomas Academy Environmental Studies
Class Variance Request to Operate a Motorized Pontoon on
Roger's Lake. -�
g. Approval of Resolution Accepting Petition and Ordering
Preparation of a Feasibility Report for Sanitary Sewer,
Watermains, Storm Sewer and Street Improvements to Serve
Swanson's 2nd Addition - RESOLIITION N0. 95-17
h. Approval of Resolution Supporting Passage of the
"Minnesota Emerging Communications Services Act of 1995".
- RESOLtJTION NO . 9 5 -18
i. Approval of Apsco Building Refinancing Resolution -
RESOLIITION NO. 95-19
j. Approval of the List of Contractors.
k.� Approval of the List of Claims.
** 1. Approval of Standard Private Watermain Agreement -
PrimeNet Data Systems. ,
End of Consent Calendar
7. Publie Comments
X
8. �nfiaished aad New Busim as
F
a. Discuss the Establishment of Voluntary Consulting
Horticulturalist Position. �� _ �S _ zp,
b. Discuss Request to Extend Koch Pipeline's Conditional Use
Permit for an additional two years.
c. Discuss Mendota Heights Athletic Asaociation's
Transitional League's Need for Fields.
* d. Discuss Zoning Ordinance Amendment - Athletic Stadium -
ORDINANCE NO. 304
e. Discuss Spring Clean Up Event.
9. Gouncil Comments
10. Adjourn
Auxili�ry sids for disabled persoas are available upoa reguest
at least 120 hours ia advsace. If a aotice of less th�a 120
hours is received, the City of Meadota Heights will make every
attempt to provide the aids, however, this may not be possible
on short aotice. Please coatact City Admiaistratioa at
452-1850 with requests.
_�
�
r
CITY OF MENDOTA HEIGHTS
�fT����]
April 4, 1995
T0: Mayor and City Council
FROM: Tom Lawell, City Administrator
SUBJECT: Add On Agenda for April 4th Council Meeting
Additional information is being aubmitted for itema 3 and 8d.
(*). One new item has been added to the consent calendar - 61
(**) .
3. AQenda Adoption
It is recommended that Council adopt the revised agenda
printed on green paper.
3. Board of Review
See attached letters objecting to property valuation
increases.
61. AQvroval of Staadard Private Watermaia Agreement - PrimeNet
Data Systems.
Please see attached memo. -�
8d. ZoainQ Ordinaace Amendment - Athletic Stadium.
See attached letter from St. Thomas Academy asking that this
matter be postponed until April 18, 1995 City Council meeting.
ul��;�:�:7
REMINDLR: B01�,RD OF REVIEDO b�ETING CONVL�NES AT 7:00 P.M.
CITY OF MENDOTA SLIGHTS
DAKOTA COIINTY, MINNESOTA
AGENDA
April 4, 1995 - 7:00 P.M.
1. Call to Order
2. Roll Call
3. Board of Review - 7:00 P.M.
4. Agenda Adoption
5. Approval of March 21 Minutes
6. Consent Calendar
a. Acknowledgment of the March 28th Planning Commission
Minutes.
b. Acknowledgment of the Building Activity Report for March.
c. Acknowledge Receipt of February 1st NDC-4 Unapproved
Meeting Minutes and Executive Committee Unapproved
Meeting Minutes.
d. Approval to Hire Probationary Police Officer.
e. Adoption of Special Fire Suppression Chapter Ordinance -
ORDINANCB NO. 303.
f. Approval of St. Thomas Academy Environmental Studies
Class Variance Request to Operate a Motorized Pontoon on
Roger's Lake. -�
g. Approval of Resolution Accepting Petition and Ordering
Preparation of a Feasibility Report for Sanitary Sewer,
Watermains, Storm Sewer and Street Improvements to Serve
Swanson's 2nd Addition - RESOLIITION NO. 95-17
h. Approval of Resolution Supporting Passage of the
"Minnesota Emerging Communications Services Act of 1995".
- RSSOLIITION NO. 95-18
i. Approval of Apsco Building Refinancing Resolution -
RESOLIITION N0. 95-19
j. Approval of the List of Contractors.
k. Approval of the List of Claims. _
End of Consent Calendar
7. Public Comments
8. IInfinished aad New Busiaess
a. Discuss the Establishment of Voluntary Consulting
Aorticulturalist Position.
b. Discuss Request to Extend Koch Pipeline's Conditional Use
Permit for an additional two years.
c. Discuss Mendota Heights Athletic Association's
Transitional League's Need for Fields.
d. Discuss Zoning Ordinance Amendment - Athletic Stadium -
ORDINANCE NO. 304
e. Discuss Spring Clean Up Event.
9. Couacil Comments
10. Adjoura
Auxiliary aids for disabled persons are available upoa request
at least 120 hours ia advaace. If a aotice of less than 120
hours is received, the City of Meadota Heights will make every
attempt to provide the aids, however, this may aot be possible
on short notice. Please contact City Admiaistration at
452-1850 with requests.
" l
:-
CITY OF MENDOTA HEIGHTS
MEMO
�March 31, 1995
TO: Mayor, City Council, City Administrator
FROM: Lawrence E. Shaughnessy
Treasurer
SUBJECT: Annual Board of Review
INFORMATION
,
The annual Board of Review is scheduled for 7:00 p.m. on Tuesday evening. As in past
years, County Assessor Pulju and Assistant Assessor Bill Peterson will be present to discuss
mazket valuation information and answer Council and audience questions.
DISCUSSION
Assistant Assessor Bill Peterson has informed us that residential valuations for taxes
payable in 1996 have increased 5.4% over the 1995 valuations. He has provided the attached
reports on mazket value and net tax capacity for taxes payable in 1995 and 1996. Letters
received from five residents are attached. Copies have been submitted in advance to the
Assessor's Office.
After making the presentation and responding to genera.l questions, the Assessor's staff
will meet individually with property owners who have specific questions about their valuations.
ACTION REOUIRED
_�
Council should open the Board of Review meeting at 7:00 p.m. and then turn the meeting
over to the Assessor.
02i06i95 11: 09 D4CTA CO ASSESSOR' S O�fF I CE -� 612 452 8940
,
1/U7/95 DAKOTA COUNTY JOB XAS023 REPQRT XAS023E2•1 i'AOE 19
` COUHiY USAOE CLASSiFICATION REPORT - DAKOTA COUNTY PROD
REaL ESTATE AND PERSONAC PROPERTiEs
27 MENQOTA HEIOHTS
LT�i-��.s ,�°��y/'�. e ;9�t.�-�
TAXABIE
USAt3E USAOE SCH MARKET VALl1E
CDDE CLASS DIS LMV
A RES2DENTiAL i97 582,a11,3o0
B COMMERCIAL 197 57,446,000
C INDUSTRIAL 19J' 37,633,400
D UTILITY 197 4,083,200
F AGRICULTURAL 197 426,500
G CABIiVS 197 562, 300
J APARTMENiS 197 9,111,800
K RAILROADS 197 23k,000
i97 641,508,500
691,508,500
P PERSONAL PROP 197 9,546,000
197 9,546,000
9,546,000
701,054,500
0
NEi TAX
CAPACITY
LMV
9,084,361
2,553,519
1,702,261
187,828
6,335
12,544
228,365
4,164
13,789,447
13,789,447
439,116
439,116
439,I16
14,228,563
NIiMBER
HSTEAD
3,653
0
0
a
1
0
22
0
3,676
3,6�6
0
0
" l
0
3,616
TOTAL NO
PROPERTY
4,230
1Q3
b5
6
21
5
34 '
i
4,465
4,465
4
4
4
�,469
hlt1.912 D04
03i29i95 14:58 DKTA CO ASSESSOR'S OFFICE -► 612 452 8940 N0.07? D02
• y . . ' . . .. . ' .! � .. • ' .
• ` • . • , � . . . .
: 2/15/95 QatcoT�l coUNrY Jee XAS023 REPottT XAs023E3-1 ' PAOE •. 19 •
� COUNTY USACE CIASSIFICATION REPORT - DAKOTA COUNTY PROD • • �
; �• � , , , R�AL E3TATE AND PERSONAL PROPERTIES • ' . J.
{ • • ' ' ' 27 HENDOTA HE 1 GHTS . • •
�• • • . . , .
: . . • ' . � l7"�I-XES ��yy/�cG �Y9�) � . � . . . � . .
- ' • • � • TAXA6LE NET TAX � .
', USACE t1SAGE SCH MARKET VALUE CAPACITY NUMBER TOTAL NO MARKET VALUE '
. C00£ • C[.ASS• D!S �LMV '' LMV NSTEAO PROPERtY NEW CONBtRUCTfON
•• A RESIb�NTIAI 197 '' 632.731,600 10,047,318 3,660 . 4,253 .' 17,756,100 �
: B COMMERCIAL 197 69,g50;000 _ . 3,098;630 0 109 � 9,2�1,200 . •
,. 'C INDU3TRIA� i97•� 38,824,200 . 1,750;387 0 61 1,Q60,400 •
D UTILITY 747 4,083;200, 187,828 0 •6 ' � 0
f AGRtCULTURAL 19T ,� 43i,90Q 6,443 . 1• , 2i 0
•� .' G CA81NS� 147 . 595,800 13,432 0 5. '. 0
' ' ' .1 /1PARTMENTS 197 7,600,000 .206,103 ' . 0 9 • . 0 '
. K RAlLROADS '197 234,000•• 9,164 • 0 • ] ' 0
. � � � ' 797 754,030,70Q . 15,369,505 '..3,661 4,465 �� ' 28,02�,700 .
. • . .� �• 75k,050,700 15,369,505 3,661 � 4,465 28,027,700:'
• � P• PERSONA� PRoP • 197 9.5�+6,000 439,116 . 0 4 • '' 0
' , ' , 197 9,546,000 ,439,116• . 0 k ' .0 �
� ' : • • • • • 9,5�+6,000 439,116 - 0 4 � • 0
• � • 763,596,700 . 15,808,621 •�3,661 �4,469 28,027,700 '
�: ' ' ' � ' • • �`• .
. • ' . • ' • • . ' , .
. . . • -�, . � .
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V
Norman 6 Dorrine Busta
555 Simard Street
Mendota Heights� MN 55118
March 30� 1995
eoard of Review
City of Mendota Heights
1101 Victoria Cu�ve
Mendota Heights� MN 55118
RE: PROPOSED MARKET VALUE FOR 1996
LOTS 10 E 11� Block 1� Guadelupe Heights
Gentlemen:
This letter is to inform you that we intend to contest the
proposed market value of our home at 555 Simard Street in
Mendota Hesg�ts. .
We attended the open meeting in South St. Paul. Since that
time Shannon Dunst from the Dakota County Assessor's office
has toured our home and adjusted the suggested market value
from $110�500 (which was a 20% increase over last year) to
$106�400 (still a 16% increa�e over last year). Enclosed is
the market anal.ysis information we sent to her today.and•-
realtorTs suggested listing price for our home. We do not
know whether we will hear from the Assessor'�.s Office again
before April 4 and do plan to attend the meeting that
evening at the City Hall since we feel our home is still
over-valued.
Si cerely�
Norman C. Busta and
Oorrine Busta
452-9872 (W)
457-6319 (H)
Norman & Dor�ine Busta
555 Simard Street
Mendota Heights� MN 55118
March 28� 1995
Shannon Qunst� CMA
Oakota County Assesorts Office
Dakota County Administration Cenie�
1590 Highway 55
Hastings� Minnesota 55033
Dear: Ms. Ounst:
This letter is in response to our conversation on Monday indicating
a new fair market ualue on our home of $106�400 rather than the
proposed $110�500 which prompted our request for your visit ta our
home.
Since we feel a 16'/ inct^ease in one year is far too high� you
suggested we abtain a market analysis. That informatian is
enclosed and includes a letter from realtor Kathy Kueppers indicati�g
a suggested selling price of $95�000. Also enclosed is information
about a number of sim�lar homes in our neighborhood including their
recent sale prices.which also brings us to the conclusion that our
property is still assessed at too high a �ate.
We�ve enclosed a recond oP the increase in value computed by your
office since 1987 and a t,eal estate appr.a�sal of this same proper-�ty
done in:1987 f'or comparison purposes. Improvements to the property
over that period of time are also listed.
" l
Please give this matter some additional consideration and come up
with a truly "fair market value'T. While we do realize real estate
generally appreciates in value� 16-20% a yean is not what has been
happening here in the Twin Ciites� let alone anywhere else in the
country.
Thank you�
!���/e�?�r�2+�i C. • �C��a�r'
�lLi�'�itvs�-L�
Norman E.Dorrine Busta
457-6319 (Work: 452-9872)
Enc.
cc: City of Mendota Heights
0
0
ESTIMATEO'MARKET VALUE RECORO
555 Simard Street� Mendota Heights� MN 55118
Lots 10 6 11� Block 1� Guadalupe Heights (120 x 120)
1-1/2 Story bungalow built in 1952 (1050 Sq Ft) 1980 existing porch added
3 eed�ooms� 1-1/4 baths (basement stall shower� full bath main floot-) to kitchen
2 oar detached garage '
Scr:ee� Porch�"deck� asphalt driveway
Assessor's Fair Market Value (copies of statements attached)
Yearr Amount % Chanqe
1987 $69�800
1987 (Real estate appraisal done for loan purposes�
put value:at $73�000) Copy attached.
1988
1989
1990
1991
1992
1993
1994
1995
1996 Proposed
$74�000
78�900
81�600
83�100
87�000
87�200
88�700
92�100
110�500
Improvements
New furnace
Vinyl Siding
Screen Pot-ch 6ehind
garage
New formica in kitchen
3/22/95 Shannon Dunst� Dak Co Appraiser*s Office walked through house.
3/27/95 Ms. Ounst called to set new proposed value at $106�400 which we
feel is still great an increase for one year [16%�.
Ms. Ounst recommended obtaining a market analysis. (Inf'ormation
obtained is attached]
� �
/
March 8, 1995
Dorrine & Norm Busta
555 Simard �treet
Mehdota Hts,, MN 55118
Dear porrine & Nona,
c
Enclosed is information on hamee similar ta yours that have sold
recently. Most of these are in your immedia�e neighborhood.
Hawever, to eccurately analyze the current market value it was
necessary to lonk at all properties ir► the Mendota Heights area
similar to yours and you will eee inclusions o� �hose.
�ased on the past selling history of homes iike yaure I wou2d
suggest a 2isting price of $95,000. I beli.eve tYiis would bring
a buyer within fi.he typica3 3t1-64 day marke�ing time.
Please �all me within ar►y questions.
.
ST. PAUL
450-218
i�: es
enclosures
•MAR-19 9 5, 0 6: 4 2: 3'7 ==___=_-_= ==_—__�._____._�_=_—_= =_= # Z
•____�___..._________.,._____.�______.._.._________________________________________+
SIkiGLE FAMILY — SF • �
.. .____________________________________________________________________..__.�
: L—$ 69,900 S—$ 66,000 SOLD »> �
: 3 TBA: 1 FBT: 1 TBT: HBT: QHT: STY: 1.5STY
._..._--____________.._.._______..--------------�------------________---..._..--------+
550 HIAWATHA TAX $ 645/93jF MAP 1C-8]. f
f MENDt3TA HEIGHTS ZIP 55118 TWA $ 645
604 SUB 1 DIV 2 COU DAKp ASB $ ASP N
' 80X140 AGR ,40 HS FOR 94/F YBL 1948—N
--___.._,._..________________.._____M_____.._______.._______�__________.._________.��.
t SMITH AVE TO ANNAPOLIS W TO CHIPPEWA S TO HIAWAT � Od43967
rORDABLE 3 SR HOME IN MENDOTA HEIGHTS! NESTLED ON QUIET
tEET. HARDWOOD FLOORS, NEWER CARPE�i SN LIV�NG ROL3M.
1CC0 E�XTERILIF2, LARGE YhRD, 4T+�NNER OFFER�NG VERY A'E'FORDASLE
u+ICING WITiI CjD TERMS. HURRY, THIS �NS WILL NOT LAST LONG!
: PEIRCE ADDITION W 24FT L11 8LR 3 9E 24FT OF LOT 12
1 295150Q12003
.______________ _______..-----..__..______,•__--------------___-_------------------+
L APROX L APRCIX BBT N MST N
M 17Xi�. B1 U 18Xi3 REF,RNG
X B2 M IlX 9 BUS,HEW�'
X B3 M ].1X 9 Wl�T CONNBCT Alit N
M 12X 8 B4 X 5TW CONNECT EXT STU
7L X FPL BSM F
X X HSA HW /GAS GAR 1
---__�-_ ___________________..____�...---_____--------------------------------...._._.;,
�Cl07 DI3TRICT WEST ST. PAUL
�i t SDP 682-23d4 FSZ ?52 AGF 1.,471 BGF FSF 1,0?1 �
_ .___-_..----------------------------------••----_____------------___..______.t.,
IIdFORM�i'TION DEFMED REL�ABLE SUT NOT GUARANTEED
_,,
.�
------------____
------------------
asioer�as io:ss � c v - -. - _ W _ - - - �oosioio - -
8-MA�-1995 06:42:3? �=_�o�- —�—��_�=--�-�____�_ �g
.____________________ _____�.____________..�_...___.. ______--------------------------+
SSNGLE FAN[ILY - SF �
._.�____________________________________________----___------�._______________---+
�< L-$ 71, OOQ S-$ 71, 000 SOLD »>
•R : 3 TBA: 1 FBT: 1 TBT: HPiT: QBT: STY: 1.5STY
_.._�.____...--------------------------.._��._-------___..____----------------------+
64�.BROORSIDT LN TAX $ 564/51/F MAP 1D-81
UN � ZiP 55118 TWA $ 899 CREEK
R 604 SUB 1 DIV 2 CQU DAKO ASB $ 1,645 ASP N
QT.'12QX240 ACR ,39 HS FQR 92jF YBL 1940-N
----____..__.. _-___-------------------------------..-----------------------------+
IR D�JOD '�O 1ST W 20 LAiJRA NO TO BROOKSTDE T � 0?58Q14
XCELLENT OPP4RTUNITY TO OWN IN MENDA`PA IiGTS,SECLUDED
EtIVATE DOUBLE IAT NEAR THE ffi.Bt+IBNT�RY SCHOUL ( S4MERSET )
ELLER R'O HAVE E�XTERIOR PAINlTED.H�iRRYi I GREAT MF�CHANICS�
H'IS WON�T L�iST!GREAT POTENTIAL W/UPUATINGi MAKE OFF�RI
GL SMITFi TT SUBDIV N04 L�t}TS ]. & 2 BLR 1
LD 2"76470302001
_..__...--------------------------------------..__-_____-.__________-__..__________-�-
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BBT N MST N
WAT CONNSCT AiR N
SEW CONfNBCT EXT WOD
FPL BSM F
iiEA FA jGA:`s GAR 2 j D
��s���w�s�����������s�w����MY����PM���FM����M�w���Y���Y1���ww��w���r� �� � ���r���y� s��i.�r��w�.
� �L DISTRICT WEST ST. PAUL �
3l� s97 SDP 681-230ti .� FSZ 5?6 1�GF 324 BGF FSF 900
.. �.--- ----------------------..�_.,..----------------------------------------------+
� .i�:�;iYi +��M�:i��t��i�s��#��Y : . : �► . �� : ; t 1G ;> � �
_,
•MAR-1995 06:42.37 __________________________________ �11
.�--------------------------�---__--_-----_-_______-----------»-________----+
SZNGLE FAMILY - SF . �
. ____-�________-------_____..__..�______....�_---_.._-----_..__....________________+
- L-$ ?8,504 �'u-$ 78,500 S�LD »> �
: 3 TBA: I FBT: 1 TBT: HBT: QBT: STY: 1.5STY
.--------------------------------_____-----------------------------------------+
53�6 HIAWATHA TAX� $ 676/92/F �IAP 1C-81
t ZIP 55118 TWA $ 676 -
604 SUB i DIV 2 COU DAKO ASB $ ASP H -
' 50X120 .ACR .00 HS FOR 93/F YBL ].925-N
._------------»------------- ...._____..___..----------____________-.___..---------+
t ANNAPOLiS TO CHIPPEWA TO HIAWATHi, �` 00�4792
tY AFFORD�BLE HOME IN THIS QUIET M�TOOTX HGTS
�A, NEW CARPET IN LIVING RM,NEW�R DRIVEWAY,
:8 3 SEASON PORCH,CLfJSE TO CHEROREE PPiRiC ?,PPRATSAL
3IT�, SiiC}tRS ir1ELL SUPER MENI�}i'A HTS BUY
: C�LL LISTER .
) 27 5?500 Oil 03
«...___________... -----------------------------------------.._.....___...______---_..,__-1.
L ,�PROX L APROX
M 21X12 81 U 167�12
M 13X12 i32 U 12X10
BST N MHT N
D/P
X 83 t3 12X14 W?iT CAHNE�CT AIR i+F �
M 15X13 H4 X S� CQNNECT EXT WOD �
X X F1�L BSM F
X X HEl, FA /GAS GAR 1, D
�rw���w�������w���wrY��rw���� ����w�r���������4w�.�� W ���nw��.i������ �rw�������r�r���rw��Yww�.
;tti^L DISTRIGT i�EST ST. PAUL
� 7 SDP 681-2300 FSZ 624 AGF 1,10U SGF 624 F5F 1,100
,..� _----------�--_..________..-------__.._______..__....__,...-----------------..___...._.�.
�� IN�'ORMATION DEEMF� RELIAHLE BUT NOT GUARANTEEU
"' l
•MAR-1 � 9 5 0 6; 4 2. 3 7 --=_-___=-=��--��___.�____ �__...-_ � 17
....---------_..___...-------------.._..___..__..___..______...___.----�----____... ___..__... _-+
SINGLE FAMILY - �F � �
.. .___..--------------------------.._-----_________...___�.__________.,._______..._.�.
- L-$ 88,900 S-$ 86,000 STY. SRAMBLER} �
: 2 THA: 1 FBT: I TBT: iiBT: QBT: `
.__----___--...-----------..___.�____w______________________..__....________--------+
! KIRC'iiDTER TAX $ 930 j94 jF MAP 1C-81
1 MENDOTA HE2GHTS ZIP 55118 TWA $ 930
604 SUB 1 USV 2 COU DAI�O ASB $ ASP U
' 67 - I22 - 70 - IO'7 ACR .Ot} • iiS FOR 94jF YBL 1948-N
.___.._______________..___,..__....__.»..__..___,.----»-------------------_____.._.,..___.._+
t CHIPPEWA FRt1M 'DODD TO BUTLER 2'4 VIEW T4 I�SRCHNER #` 1L374052
�ATE Sl,LEtI! MUST SEE THIS CUTE & CQZY RAMBLER NESTLED
!"O A QUiET Al2F�i. MN FLR i�'AMILY RC)OM, SIZEABLF El,T-IN KIT=
�T, HARDWOOD FLOtJRS, ALL APFLI1�iNNCES, SEMI-FINISHED BSMT,
:L Yl�RD WITH STORl�GE SHBD. INCLUDES HMS HOME W?,RRAN"TY, �
� KIRCHNER ADDIT20N, LOT 4, HLOCR 3
� 274210004003 �
•----�----��------ ���,���.�......�.���».���.�.�������....���---...,.._�...��----------------.....��.
L APRCIX L APROX BHT N M8T N
M 19X13 B1 M 13X 9 REF,RNG�FjH
X 82 M 1pX10 WSH,D�tY,HWF
M 2�X14 83 X WAT C4NNECT AIR N
M 15X14 �14 X SEW CONNLCT EXT WOD .
X X FPL N BSM F
X X HEEA FA /GAS GAR 1,T,Y
_..-------�------------------------------.._..__..�._.._..______•._---------......_-------+
�OOL DIS�,'RIC'1' WEST ST. PAUL �
1'9 SDP 681-2300 FSZ 1,189 AGF 1,18� BGF FSF 1,189
_. __-----_..___-_--___,.»_____..�--------------...._____-____.._----------------+
INFORMATIQN DEEMED RELIABLL HUT Nt3T GUARANTEED
`l
�
��MA.R-1995 06:42.3? --_--__._._�_N_�._..�-_-_ =_—_--_ �15
.______________.._____�___________�___----..__.»_____.._..__________________.._____.�.
SINGLE FAMILY - SF (
-� -_______________________________..__--------------------------------...,____---+
:< L-$ 88 , 9ot3 S-$ 85, 000 St7LD »> �
:; 3 TBA: 2 FBT: 1 TBT: HBT: QBT: STY: 1.5STY
-_______________________________________________...____..____________------------+
126 HIGFiWAY 110 TAX $ 1,173/94/F MAP 48-94
JN MENDOTA HEIGHT5' ZIP 55118 TWA $�.,173
t 604 SUB 1 DIV 2 COU DAKO ASS $ ASP U
� IRREGULAR ACR .�8 HS FOR 94jF YBL 1939-N
._____---____....____________.._---.._______.._______�_____.._________�:..�.__________.f.
CR LAST i�2 E OF ETHAN ALLEN C►N HIWY220 RD�`1043398 � ioso��i
�OSF TO 2 ACRE t�F Lc�HD. GREAT F4R THE FAMILY r iiOME HAS A
SEASQAI PORCH, BIG DOUBLE G�iRAGE, MATNT. FREE SIDING &
�`WER WINDC)WS. YOU WON�T FTND A HOME LTKS THI3 AT THI5
2ICE ON ANY BTTTER LOT. NE�R SCHWIN HICYCLE $H4P.
;L IANG LEGAL SEE LISTER
CD 27ti260Q01050
-___________________________•.___.......___-___�.___..___.._____-____..__.-----.._.._____+
L AFRdX L APRQX BBT N MBT N �
� M 17X12 81 M 11X10 REF,RNG
� X H2 M 11X 9 DRY,SUN,HWF
2 X B3 U 31X13 tRAT CONNEC'� AIR N
P M i3X 9 84 X SFW CONNECT LXT MJV,BJS
D M 6X 6 X FPL N BSM F
X X H[EA FA jGAS GAR 2, D, ii
�s�w�l�s����A��f s�.l�����lNi�Y�����Y�����rs�s����/r������i1F� rf ���Y�MliMiM� ��i�� � �M�+� y� �i i+�
C�`^OL DISTRIC� WEST 3T. PAIJL �
i: .97 SDP 6$1-2300 F$Z 802 1�iGF 1,205 BGF 1,205 FSF 1,205
�r...�.�.r�w��.. ���w �.�«���w�����w�w��.�w�i��.�r�w.�w����.���w.���r������r�����ar�.w..w��..�.��r..�.
INFORM�TIaN DBEMED RELI�iBLE HUT NOT GUARP,►NTEED
_ti
- - - - - - - - ___�
3-MAR-1995 06.35:28 -----_-__�_�_�.=�_—_�._._==w�_____�__ #�.4
----------------------------------------�.._______- . --------------------___-----+
SINGLE FAMILY - SF �
_ �___------------- . ---_.._______________________--------------..______---------+
` L-$ 99,500 S-$ 93,000 SOLD »> �
2: 2 TBA: 2 FHT: 1 TBT: HBT: 1 QBT: STY: RAMBLER
__________________-------____________________----------------�,--------__________�.
568 MIRIAM ST TAX $ 988/93jF MAP 1C-81 �
JN MENDOTA ZIP 55118 TWA $ 1,243
3 604 SU$ 3. DIV 2 C4U DAKO ASB $ 1,935 ASP AI '
3T 60 X 256 ACR .33 HS FOR 94/F YBL 1958-N
___.._..____------..-.._____,�_________..________.._.._____.._________________________.�.
IR HWY 13 N. TO ANNAPOLIS E. TO CHIPPEWA 5. TQ HM �` 0043961
JPERB 2+ HEDRM, 1 1/2 $ATH, FAMILY RM, LARGE, SUNNY
AZ'—IN KIT, � DECK tJFF BACK. BEAUTIFUL DI�COR, GPsNEROUS
�T FOR GARDENING AND PLAY. QIIIET NEiGHBL1R�iiOClD �
�L GUADALUPE HTS LOT 14, BLK 4
ID'273130014004
_..__..,.._ __�...___------.._..,�---����_.._�_.._.�_-_____..-----------------..__.._____..__�.
L
R M
R 2d
APROX
�7X12 BZ
lOX 7 82
L APROX BBT Y MBT N
M 12X11 REF,RNG,DWS,Fjfii
I�i 20X11 T1jP
R L 13X20 83 L 10Xi0 WAT CANNSCT 1�IR C
T M 13X 9 84 X SEW CO2�INECT EXT MfV
D M lOX 7 X FPL BSM F
X X HEA FA /GAS GAR 1,T
rr�.��.��.�..�.r��� ��r�r�i..�.���r.,r�.���.w�r�..�����w��.�w���r���w�����w.�.wrrr���..�.w�i��..rr� r.�
CHOt3L DISTRICT WEaT ST. PAUL
' 19? SDP 681-23Q0 FSZ 1,028 AGF i,028 BGF 5at3 FSF I,528 �
_____________-»---__.._______---________.._..__----_.._.._..._.._.._..__,.._______-_----+
INFORM�iTION DEEMED RELIABLE BUT NOT GUAR��"'rEED
_�
•8-MAR-1995 06:45:55 -=�_____�_=______________=-____ #9
------�------------------------------------------------------------------------+
SINGLE FAMILY - SF �
•-----------------------------------------------------------------------------+
L-$ 105,000 S-$ 99,000 SOLD »>
�_.': 3 TBA: 1 FBT: 1 TBT: HBT: QBT: STY: 2STORY
•-----------------------------------------------------------------------------+
►61 DELAWARE AVENUE TAX $ 769/94/F MAP 1C-81
tUN MENDOTA HEIGHTS ZI?' 55118 �N1A $ $79
,R 604 SUB 1 DIV 2 COU DAKO ASB $ ASP N
AT 61X240 ACR .00 HS FOR 95/F YSL 1902-N
------------------------------------------------------------------------------+
)IR ROBFRT STREET TO TNNAPOLIS S TO DELAWriRE WEST �` 1069000
)LD WORLD CHARM W/UPDATED KITHCEN KEEPING OLD CHARM OF
�ANTRY & BACK PORCH-BUILT-IN-BUFFET, GREAT LIV RM & DIN RM, .
IARDTROOD FL. BPST BONUS OF ALL IS BEADTIFUL BXTRA LOT IN .
iACKYARD. LOT TAXES APPROX. $110. PER YR. NOT AN ASSEMNT.
,GL PASOVODS ADDITION LOT 6, BLOCK 000
�ID 275850006000 ,
•-----------------------------------------------------------------------------+
L APROX
1t M 14X11
IR M 13X12
'R X
;T M 14X11
1N M 14X10
X
' L APROX
81 U 13X11
B2 U 12X 8
B3 U 11.'ll
B4 �
X
X
3CH�L DISTRICT WEST 3T. PAIIL
iDN 197 SDP 681-2'00
---------------------------
BBT N MBT N
REF,RNG,DW3
WSI�, DRY, BUS , POR, iiWF
fRAT CONNECT AIR WI
SFW CONNECT EXT M/V
FPL N BSM F
HEA HW /GAS GP,R 1, D
FSZ
��r�.��������r.����� �����..�...�������� �����rrr ��-
812 AGF 400 BGF FSF 1,212 ,
--------------------- --------------------+
INFORMATION DEEMSD RELIABLE BUT NOT GU_T�h.-.�I'EED
_�
-MAR-1995 06 : 4 5 : 55 --= ��__= =====�.- ,--__=._,- =--_=== �' 11
_______________.._______..___..___________________---------------_..____________+
SINGLE�FAMiLY - SF �
__�________.._____________,._____..__�_________.._____�_..__---__________________.}.
c L-$ 147,900 S-$ 10Q,000 SOLD »> �
: 3 TBA: 2 FBT: 2 TBT: HBT: QBT: STY: 1.5STY
--�___________________________..._____________..______..___.,___�.______________--+
40 - CHIPPEWA AVENUE TAX $ 1,268j94/F MAP 1C-$1
N MENDCITA HEIGHTS ZIP 55118 TWA $ 1., 505
. 644 SUB 3 DTV 2 Ct3U D�IR� ASB $ 482 ASP N
�T SEE LiSTER ACR .OQ HS FOR 95/F YBL 1935-N
•_____________________________..___..�.------____----_...__----________________---+
:R • KORTH ON DCtDD '3.'tS WES'I' t1N CHIPPEWA � 1054122
��L CAFtED FOR HOME SITS ON DOUBLE LOT LARGE TWO-iIERED DECK
IRSB 3TALL P�LE BARN 12X12 S'I'ORAGS SHSD. �PIR�,L STAIRCASE
3TSIDL TO UPPER LEitF,.,T�. P+OSSIBL� MOfiHER-IN-LriW Al"I' - UP MATN
�R FAMILY RQ�M 'WS`1`H THREE SEASON PORCH ADDITI�N.
;L JOHN H MORRISt�NS l,DD ALL C1F iATS ?& 8 BLt3GK Z
t0 2'74920008002
-_______________________________�..___________----...._--------___-_ ___---__...� _+
L APROX L APRt�X 88T N MBT N
tt M 14X12 B1 M 1iX10 R�F,RNG
!2 M 11X� 9 B2 U 15XI.2 WSHt DRY � BUS i D/P � PC?R � FEN i HWF
R ii �.OX10 83 U 11X1Q WAT CONNSCT AIR C
T M 11X 8 84 X 5EW CONNECT EXT STU
M L 22X 9 U 11X 8 FPL N SSM F
D M 12X10 X HE�i FA jGAS GAR 2,D,Y
r����r�r �.���w��r w.r�...��..�.��rrir� ���.f�rrr�� i�.rr�r�� ��r�.��ws�.�w��s�ar �.�.�w.�.��r r� r���.�.�.
DL DISTRICT WEST ST. PAI3L
1�., 19? SDP 681-2300 FSZ 800 AGF $GF FSF 1, 50t3
.�r'�r����.���.�..r�.wr�rr��.w�r�w�������ww������.asiww��r:i�rr�i�����+�r�.�w.r�r���i� ���.�. r���.�.
INFORI�ATION DEEMED RELIABLE BUT NOT GUARANTEED
��
----------- :,�,.�- _-_-_--------------___---
.. �—$ 109,900 S—$ 105,000 SOLD »> (
.. 4` TBA: 2 FBT: 1 TBT: 1 HBT: QBT: STY: SPL/ENT �
----�-----------------------------------------------------------------------+
562 FREMONT TAX $ 1,232/92/F MAP 1C-81
N ZIP 55118 . TWA $
�4 SUB 1 DIV 2 COU DAKO ASB $ ASP N
2 �OX150 ACR .00 • HS FOR 92/F YBL 1962—N
----------------------------------------------------------------------------+
R ANNAPOLIS TO HWY 13 TO 1ST ST ON LEFT # 077726Q
PER LOCATION,JUST 1 BLK TO CHEROiCEE PARK,5-6 MIN TO
WNTOWN ST.PAUL,15 MIN TO AIRPORT,IN AREA OF TOP QUALITY "
MES,THIS 1 OWNER HOME HAS IT ALL,SUPPLEMENT BELOW, -
IDE OF OWNERSHIP SHOWS HERE.
L GARDEN LN ADD LOT 3
D 27 28 900 03000
-------------------------- ------------------------------------------------+
L APROX L APROX BBT Y MBT N
M 17X16 B1 M 14X10 RNG,DSP,F/H
X B2 M 14X12 BUS,SUN,HWF
X B3 L 14X10 WAT CONNECT a�,IR N
M 17X13 B4 L 14X12 SEW STREET EXT STU,B/S
M 14X32 X FPL 1,2,L BSM W,P,L
L 15X16 L 17X13 HEA HW /GAS GAR 2
--------------------------------------�---------------------------------__--+
HOOL DISTRICT WEST ST. PAUL (
N 197 SDP 681-2300 FSZ 1,152 AGF HGF 1,152 FSF 2,300
----------------------------------------------------------------------------+
INFORI�I�TION DEEMED RELIABLB BQT NOT GIIARANTEED
"" l
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��
Brian Kirchner
1255 Dodd Road
Mendota Heights, MN 55118
(612)457-4374
Dear Ladies and Genflemen,
3/10/95
This letter has to do with the recent Notice of Assessment that have received concerning the market value
of my property. I received (or read) this nodce after the "open book" session that was held so I didn't get
a chance to partake in this.
I do have a problem with the value tliat has been placed on properly. I purchased my home in 1993 for
$103,000, that is what the property was appraised at by 2 different realtors. That year I was being taxed
on $105,600 and I didn't have a problem with that. In 1994 I was taxed on $107,100 and again I was ok
with it because it was a reasonable increase in value. My proposed value for 1996 5122,500 and this, to
me, is way out of line. There is no way my pmperty has increased in value by that much, in fact I
question the value of $112,300 that was placed on it last year. My home is old and in need of much
repair. There has been no significant upgrades. There is no way the values of my home went from
�103,OU0 in 1993 to $122,500 in 1995! I would like to have this reviewed and adjusted. Please let me
know what I can do at this point to get this taken care of.
Sincerely,
Brian Kirchner
(612)457-4374 home
(612)828-2324 office
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MARKET VALUE FOR
TAXATION 122,540
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MARCH 8& 9, 1995 9:00 AM TO 7z30 PM 225 - 3RD AVE NORTH
DATE TiME PLACE
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If you wixh to make an .3ppeal you m�y �ppear in person. send a letter or �
reprQsent�tive to the meeting of your aity or tor�n board of review
on '�UESL3AY::;APkF1:�:.;,'4.: �.�:`�::::::::::I99a;:; at:;�;;T�r�p.Q`';::�:'::;::!l:.:>; at ::::NENDOr��:JYG.�'S:.CfTY'::::N�4tG>:�:�:;:;<;_•;;:::
�t20,I YICTQRIA.CUft�!E�::�:?::::�::�:::�:':>:'•' If you disagree �ith the decision of the lacal boar
of review, you may appesl to the County Board of Equalization.. Ta do so,
contact the Assessar at 438-4200 ar 1-800-Z47-105b (MN only) by June lst
for information.
BRIAN T & JOlENE KIRGNNER
1255 DOAD RD _
SAIN7 PAUL MN 55118-1940 �
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March 9, 1995
Mendota Heights City Hall
1101 Victoria Curve
Mendota Heights�� Mn. 55118
attn: City Assessor
re: Property I.D. 27-76402-041-01
Dear Sir:
I have received notice of assessment for the year 1995 on my home at .
1736 S. Lexa.ngton Ave., Mendota Heights�. The assessed marked value is
listed as $140,700. Please use this letter as notice that I wish to
appeal this market value of $140,700 as I feel this is too high.
The valuation on my home has been increased by $16,200 the past two
years. This is a 13� increase and I do not believe this is a fair
valuation. .
I am out of town until the first part of May and I would like to
present my �•aews in person when I return to Minnesota. Please let me
lmow what further steps I should take to make this possible.
t�iy address in Arizona:
Paul N. Dahlgren
651 W. Mi.11brook Ln.
Tucson, Az. 85704
602-742-16�4
"' 1
Sincerely,
<� � � -.
^-P� `ti,� , �(�U ;.
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Board of Review
Mendota Heights City
1101 Victoria Curve
Mendota Heights, MN
Hall
55118
March 17, 1995
RE: Property I.D. Number 27-18600-110-01
Dear Sir or Madam:
"I recently received the Notice of Assessment for the year
1995. I am appealing the assessed market value on the basis that
I do not believe the value should be increased to $195,500.
The following represents the assessed value of our home
according to the city assessor:
YEAR ASSESSED VALUE
1991 19,500.00 (lot)
1992 163,100.00
1993 173,300.00
1994 186,100.00
1995 195,500.00
" 1
My husband and I built our own home in 1992. We purchased
the property through tax forfeiture for $19,500.00. The Mortgage
on the property upon completion was $103,000.00. Thus, we
believe our "value" is approximately $122,500.00. We were able
to obtain the American Dream through our own hard work. It may
be entertained that the value of a home is whatever someone will
pay for it. We paid $122,500.00 for our home in 1992.
You may be aware that we live in Crown Court. Our
neighborhood is approximately 15 years old. The homes in our
vicinity cannot compare with newer developments such as
Copperfield. Thus, we do not believe the assessed value of our
home can compare with other areas in Mendota Heights. Our
neighborhood simply will not fetch the same prices for homes.
Board of Review
March 17, 1995
Page 2
I am becoming increasingly concerned that additional
increases will simply push us right out of our home. The 1995
assessed value, coupled with the new school bond probably will.
Please assist us in this regard.
Very truly yours, C
l
onda L. Burling
13 Crown Court
Mendota Heights, MN 551
"\
Page No. 4334
March 21, 1995
CITY OF MENDOTA HEIGHTS
DAKOTA� COUNTY
STATE OF MIl�NESOTA
Minutes of the Regular Meeting
Held Tuesday, Mazch 21, 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
Ayes: 5
Nays: 0
APPROVAL OF MINUTES
Ayes: 5
Nays: 0
CONSENT CALENDAR
Councilmember Smith moved adoption of the revised agenda. for the
meeting.
Councilmember Koch seconded the motion.
Councilmember Koch moved approval of the minutes of the regular
meeting with corrections.
Councilmember Smith seconded the motion.
Councilmember Koch moved approval of the consent calendar for
the meeting along with authorization for execution of any necessary
documents contained therein.
a. Acknowledgment of the minutes of the Parks and Recreation �
Commission meeting held on March 14.
"l
b. Adoption of Resolution No. 93-16, "A RESOLUTION
NOMINATING THE MENDOTA HEIGHTS VOLUNTEER
FIRE DEPARTMENT FOR THE 1995 MINNESOTA FIRE
DEPARTMENT COMMITNITY SERVICE AWARD."
c. Approval for an expenditure of $10,000 to replace the Police
Department 1991 Mercury Cougar with a special use vehicle.
d. Aclrnowledgment of quotes and award of the contract for 1995
street sweeping to Mike McPhillips, Inc., for its low quote of
$58.00 per hour, sweeping to begin as soon as the contractor is
available.
e. Approval of the standard Mn/DOT agreement for traffic
� signals at T.H. 13 and Pilot Knob Road.
Page No. 4335
March 21, 1995
f. Approval of the 1995-1996 Police Labor Contract between the
City of Mendota Heights and Law Enforcement Labor
Services and authorization for execution of a formal labor
contract document subject to review and approval by the city's
legal counsel for labor negotiations, and acknowledgment of
receipt of a Uniform Settlement Form and direction to staff to
forward the document to the Bureau of Mediation Services as
required by sta.te law.
g. Approval of the list of contractor licenses dated March 21,
1995 and attached hereto.
h. Approval of the list of claims dated March 21, 1995 and
totaling $368,663.85.
Councilmember Krebsbach seconded the motion.
Ayes: 5
Nays: 0
WATER TOWER Council aclrnowledged a letter from TMI Coatings regazding .
compression of its work schedule and longer working hours/days
and an associated memo from Public Works Director Danielson,
along with a subsequent facsimile agreement from TMI for working
• off hours and weekends. Council also acknowledged a proposed
modified sprinkling plan for the community while the tower is out of
service.
Mayor Mertensotto informed the audience that Council has
approved a contract with TMI for reconditioning of the city's water
tower and placed work hour limitations of 7:00 a.m. to 6:00 p.m.,
weekdays, on the project. He explained that the contractor has
indicated that he would like to extend t�ie work week and hours
under certain conditions and the city has been negotiating with him.
Mayor Mertensotto read the conditions contained in the proposed
agreement from TMI, stating that the contractor has agreed to do no
exterior sandblasting after 4:00 p.m. and no exterior sandblasting on
Sunda.ys, that the air compressors will be kept on the south side of
the tank to minimize the noise and use the water tank as a buffer
between the compressors and the apartrnents. Under the agreement,
the city would allow TMI to perform other work, including interior
sandblasting (no later than 8:00 p.m.) and painting, exterior painting,
moving scaffolding, etc., after 6:00 p.m. and on Sundays.
Mayor Mertensotto stated that he feels that TMI has made
compromises and pointed out that they have agreed to concrete rules
about the work hours. He informed Council that TMI started work
on the tower on March 17 and that he has asked the Public Works
Page No. 4336
March 21, 1995
Superintendent to keep a log of the working hours and weather
conditions.
Administrator Lawell stated that the contractor is pleased with being
on the site as eazly as they��are and that they have informed him that
removal of the existing paint is much easier and going more quickly
than they had anticipated. He stated that it is hoped that the project
will be completed in advance of the contract dea.dline.
Mayor Mertensotto stated that he has informed the contractor that
there is no way Council will authorize the $180/day compression
schedule bonus so that they can complete the project before the
contract deadline. He recommended changing the work days and
hours as set forth in the agreement proposed by TMI.
Councilmember Krebsbach asked if TMI really wants to stop
exterior sandblasting at 4:00 p.m. rather than 6:00 p.m. She was
concemed about the two hour gap between the schedule previously
stipulated by the city and the proposed schedule.
Mayor Mertensotto responded that the agreement would allow them
to work on Saturdays and Sundays with the condition that there be
no exterior sandblasting on Sundays or after 4:(}0 p.m. on week da.ys
and that there be no interior sandblasting on week days after 8:00
p.m. so that the compressors will not run after that hour.
Councilmember Smith stated that the revised work schedule would
be a change in the contract rather than a schedule of hours.
Administrator Lawell informed Coun�l that staff will notify the
contractor by letter based on Council action and will reference in the
letter what had been previously approved. He stated that TMI
transmitted the proposed schedule to the city, and it will apply until
the city may determine a need to change it. He agreed that there is a
two hour window, but pointed out that it specifically states in the
agreement that there will be no exterior sandblasting after 4:00.
Councilmember Smith stated that the extension of hours concerns
her if children will be playing t-ball nearby at Resurrection.
Councilxnember Krebsbach stated that even though there will not be
any exterior sand blasting after 4 p.m. the contractor can do exterior
painting until8 p.m.
Page No. 4337
March 21, 1995
Public Works Director Danielson responded that paint will be
power-rolled on the tank exterior and there should not be any
airborne paint.
Councilmember Smith stated that her research indicates there can be
some spray in windy conditions even if the paint is rolled on. She
thought it would be appropriate to discuss the t-ball fields before
making a decision on the work hours.
Mayor Mertensotto stated that the proposed total sprinkling ban has
caused considerable alarm from the residents, who are concemed
that if there is a total ban until the tank project is done their lawns
and landscaping, etc., will be damaged. He explained that Council is
sensitive to those concerns, and for that reason he worked out the
proposed modified sprinkling plan which divides the city into six
zones. He felt that the plan will work and stated that Public Works
Director Danielson has asked St. Paul Water to run the plan through
its computer model for water pressure and flow. He reviewed the
hours, days and zones contained in the plan, and stated that in the
event the residents aze unwilling to voluntarily cooperate with the
plan, the city will have no alternative but to return to a total
sprinkling ban to assure that there will be an adequate supply of
water for fire safety.
Councilmember Huber stated that everyone has to cooperate. He
suggested that neighbors could work together to assist each other in
sprinkling during their designated sprinkling hours if one of them is
at work or unavailable to sprinkle.
Responding to a question from Counc�lmember Krebsbach, Public
Works Director Danielson stated that water pressure is affected by
many things - one is the distance from the source, and another is the
elevation. He stated that the industrial park is one of the lowest
elevations in the city and for that reason is a high pressure area. He
explained that St. Paul Water will do measurements on the water
level in the tanks that serve Mendota. Heights lines and will keep
staff informed.
Councilmember Smith pointed out that the sprinkling ban won't last
long, as the contract calls for completion of the project by July 5 and
if everything goes well it is possible that the tank will be filled up by
July 1.
Councilmember Huber moved to adopt the 1995 Mendota Heights
lawn sprinkling rules and modified sprinkling plan.
Councilmember Smith seconded the motion.
Page No. 4338
March 21, 1995
Ayes: 5
Nays: 0
T-BALL FIELDS Council aclaiowledged a memo from Assistant Batchelder regarding
t-ball fields at Resurrection Cemetery, along with a letter from The
Catholic Cemeteries approving temporary city improvement of a
portion of the cemetery property for two t-ball fields for use by
children aged four to six, and a copy of a sample temporary use
agreement.
Mayor Mertensotto stated that the matter has not worked out as he
had hoped. He stated that there is approximately 8 to 10 acres of
unlandscaped cemetery land which The Catholic Cemeteries have
indicated would not be used for up to fifteen yeazs. He felt that The
Catholic Cemeteries thought process is that they do not want more
than two t-ball fields and be up against the south property line. He
stated that he would not support an $8,000 expenditure to build
parlcing lots and two t-ball fields. He noted that the Board of
Directors will not meet again until June 22, and the only thing their
staff can consent to is the two fields. In light of the sand blasting
and painting work that is being done on the water tower, he felt that
discussion on the Resurrection fields should be curtailed.
Councilmember Krebsbach stated that there is a great need for the
fields and Council, at its last meeting, was willing to spend $20,000
for four temporary fields.
Mayor Mertensotto responded that while this is true, the fields were
not just for t-ball but also for the transitional teams. He felt that
there would be no economy in building two temporary t-ball fields.
_�
Mr. Norm Gellerman, from the Mendota Heights Athletic
Association, stated that t-ball uses any open field space and there are
very few fields available.
Mayor Mertensotto suggested that the soccer area at Mendakota
Park could be used for t-ball. He stated that the city needs to have
its fields utilized more.
Mr. Charles Godbout, from the athletic association, stated that the
association uses 31 fields, and in the past four years, those fields the
fields have been used for games Monda.y through Thursday of every
week. He stated that by adding the transitional teams the
organization has created a new demand for the existing fields and
has to fit tllose games in a certain sized field. He explained that t-
ball can be played on open green spaces, and the grass area at Sibley
and the old soccer field at Visitation and some of the St. Thomas
Page No. 4339
Mazch 21, 1995
area are used for t-ball. He explained that in the transitional league,
the children are older (ages 7 and 8) and need defined bases and
backstops.
Mayor Mertensotto asked how many fields are needed for coach-
pitch and how many are available. He felt that the city could be
oversupplying fields on one end and not supplying enough on the
other. He stated that the cemetery is not giving the city what it
desires even though it is not using the open, unlandscaped area.
Councilmember Krebsbach responded that Catholic Cemeteries did
agree to a five yeaz contract. She stated that she is not opposed to
their offer and understood that there is a real need for t-ball fields.
Ms. Sue Hanson, from the athletic association, stated that the t-ball
fields on cemetery property is a trail basis for Catholic Cemeteries as
well as the city, and the city has to respect that this is the cemetery's
property. She pointed out that Catholic Cemeteries has indicated
that they aze more than willing to look at the option of another field
in the future. She stated that for the seven year olds who are beyond
the grass fields, she thinks everyone should be appreciative of what
Catholic Cemeteries has offered. She felt that if the experience with
the two fields is positive, the Catholic Cemeteries would tell the city
to go ahead with the third field next season.
Councilmember Sxnith asked Ms. Hanson if the proposed fields
would replace fields on which 7 year olds could play.
Ms. Hanson responded that she is looking at the fields for the
transition teams, and the Catholic Cemeteries letter said four to
seven year olds. She sta.ted that if only grassy areas were needed,
the association would not need to use the Resurrection site. She
stated that it was obvious in the original proposal with Catholic
Cemeteries that there was no intention of doing more than the two
fields. She pointed out that it is not city-owned land nor up to the
city to decide the number of fields. She stated that the association
really needs the two fields.
Mayor Mertensotto stated that the four-field proposal was a good
idea but it did not work out. He felt that building two temporary
fields with parking and backstops for $8,000 would be a very poor
investment. He asked what other areas the association has
investigated and if all of the available fields, including those at
Sibley, are being used.
Ms. Hanson asked about the fields at Mendakota.
Page No. 4340
Mazch 21, 1995
Assistant Batchelder stated that one field may be open one night a
week but noted that the policy is that the Mendakota. fields be for
softball only.
Councilmember Smith stated that she is concerned about the safety
issue relating to fields at Resurrection. She stated that the city
received many requests to speed up the water tower project and has
received a proposal for expanded hours from the contractor. She
explained that Council's original concern over limiting hours was
the noise issue. The contractor has agreed not to do exterior
sandblasting after 4:00 but would like to continue working unti18:00
p.m., moving scaffolding and doing exterior painting as well as
interior work. She felt that it is entirely possible that there could be �
some kind of fall out from painting and stated that she would like
consideration of the Resurrection fields set aside for this yeaz
because the fields would be so close to the water tower.
Ms. Hanson asked if the city would investigate the possibility of the
transitional teams using Mendakota.
Assistant Batchelder responded that he did not feel the transitional
ball would be a problem, pointing out that the concern at Mendakota.
is foul tips from baseballs, and this should not be a problem since
the transitional ball would involve coach pitch and seven yeaz olds.
He stated that the other issue is fitting the transitional ball in with
the softball team schedule, but staff would do its best to
accommodate them. He informed Council that Mendota Heights
Athletic Association is using every available field.
-1
Mr. Godbout informed Council that the association uses all of the
fields available in the community, including those at Mendota
School and Sibley, from Monday through Thursda.y. They are also
using fields in Eagan, West St. Paul, and the private schools in
Mendota. Heights. He stated that there will be 110 to 120 children in
the seven year old program and two games will be played each
week.
Responding to a question from Mayor Mertensotto, Mr. Gellerman
stated that t-ball does not use any of the park fields - they are only
used by players aged 8 and up, and the association needs fields
somewhere to accommodate 10 games per week for the transitional
teams. He stated that fields at Resurrection would. solve the problem
because they would allow 8 games to be scheduled during the week,
or the possibility of doubling up, which is exactly what is needed if
there are ten teams each playing two games per week.
Page No. 4341
March 21, 1995
Councilmember Huber stated that he is concerned over Resurrection
is from the standpoint of the paint issue more than the cost issue -
for the children's safety and paint getting on cars, etc. He felt that if
the real issue is paint rather than cost, there is no point in proceeding
on the Resurrection fields.
Councilmember Smith responded that there is a very find film that is
created from rolling the paint and the film gets in the air - people
breathe it and it could be a health issue. She stated that there have
been incidents of claims from auto owners about damage to their
vehicles from paint spray in winds of 10 to 15 miles per hour.
Mayor Mertensotto stated that he is sorry he originally suggested
using the Resurrection property and suggested that Council should
look for another site. He stated that the city does not own the
properiy or have control over it, and The Catholic Cemeteries is only
allowing two fields for children six and under.
Councilmember Krebsbach agreed that another site should be
sought. �
Councilmember Smith stated that if Council is talking about a
$10,000 investment at Resurrection that would last five years and
benefit 100 children per yeaz, the cost would only be $20 per child
per year. She stated that she would be willing to approve fields at
Resurrection on that basis but is not willing to go along with it
because of the health issue.
Councilmember Krebsbach responde�that one option would be to
wait on the Resurrection site until next year. She also suggested that
the Freeway Road,site or the shopping center property might be
potential field sites if there is adequate room.
Assistant Batchelder responded that he believes there would be
enough room for fields at the Mendota Plaza. He stated that the
Park Commission had originally recommended that the fields be
located on the front lawn of the Public Works Gazage because it was
city-owned land and staff was also directed to look at the Friendly
Hills tot lot as an option.
Councilmember Krebsbach felt that if the city was willing to make
the inveshnent in fields for five years, businesses in the shopping
center would benefit from the added traffic, and the shopping center
is unlikely to expand during that time.
Page No. 4342
March 21, 1995
Assistant Batchelder responded that the question is the amount of
work that would have to be done on the site and if the fields could be
ready by the start of the season. He stated that the fields could
certa.inly be ready by the 1996 season and there is probably enough
room for four fields.
Councilmember Huber asked if there is any potential for using the
former St. Croix Lutheran fields.
Mr. Gellerman responded that all of the back stops have been
removed and the fields are not being maintained.
Councilmember Smith stated that Council has committed to tennis
courts at �iagstrom/King park in the future and there is a grassy azea
in the park than can be used.
Assistant Batchelder responded that the park was designed with a
flat area to accommodate tennis and tennis courts were included in
the capital improvement plan for the referendum if funds were
available.
Councilmember Huber sta.ted that given the paint situation it would
not be appropriate to bring people into the Resurrection or Public
Works garage sites this year and he wondered if staff should be
asked to explore is something can be done at Mendakota Park to
solve the problem for this season.
Mayor Mertensotto suggested the soccer area at Mendakota. as an
option.
`l
Ms. Hanson responded that the soccer fields would not meet the
association's needs because defined base lines and other
improvements are needed.
Mayor Mertensotto stated that he will contact the owner of the
shopping center about using shopping center property. He asked
staff to see what is available and what can be fit in for use by t-ball
to alleviate the use of the other fields. He stated that the problem is
that the association started a new program this year without having
any commitment on fields.
Mr. Gellerman responded that the seven year olds have played in the
t-ball program from age five on and coach pitch is from 8 to 9 years
old. He explained that some of the seven year olds have been
allowed to play coach-pitch and last year many of them moved into
the lower level of the coach pitch. The transitional ball for 7 year
Page No. 4343
March 21, 1995
olds was started last year, and this yeaz the association said that it
would have a 7 year old league. He explained that this creates a
need for more defined fields than t-ball needs but the association
will adapt to what is done.
Mayor Mertensotto stated that this issue of utilization has not been
dealt with. He noted that the fields aze probably only being used for
two hours out of 24 and that is not very good utilization.
Mr. Gellerman responded that the association programs aze night
programs. He explained that when Mend-Eagan took over the t-ball
program from the city there were only 50 to 60 participants in the
da.y time. Now that it is an evening program, there are over 300 five
to seven year olds involved. He did not think the association could
run a daytime program since everyone involved is a volunteer. He
suggested that perhaps the city could run a day time program.
Ms. Hanson sta.ted that if the city wants to take over the program so
that the fields aze better utilized and hire people to run it, that would
certainly be an option. '
Mayor Mertensotto responded that it may be better for the city in
terms of cost to hire high school students to work in the summer
programs. He felt that something must be done to better utilize the
fields.
Councilmember Huber stated that he would like to thank Catholic
Cemeteries for its offer and keep it in mind for the future, but not for
this year. Councilmember Smith agreed, stating that she appreciates
their offer and would like the city to k'cep in contact with them.
Mayor Mertensotto sta.ted that he has no problem if Catholic
Cemeteries wants to look at the matter again in the future but he
could not in good conscience build a parking lot and other
improvements at a cost of $8,000 just for two t-ball fields. He
pointed out that the city would be responsible for maintaining the
fields as well, and the t-ball fields would not solve the athletic
association's needs. He felt that the city needs to take a better
inventory of what is available including the shopping center.
Councilmember Krebsbach stated that if there really is a log jam on
fields needs, Freeway Road should be looked at. She stated that the
site has a lot of unused space that the city should utilize, but that her
first priority would be the shopping center.
Page No. 4344
March 21, 1995
Council directed staff to inventory what is available and report back
to Council, and to see what field time is available at Mendakota.
WATER TOWER Councilmember Smith moved that the previous conditions on the
work schedule which were set in conjunction with the TMI contract
_ for water tower reconditioning be modified to adopt the schedule as
set forth by TMI in a facsimile agreement dated March 21, 1995.
Councilmember Huber seconded the motion.
Ayes: 5
Nays: 0
CONCESSION STAND Council acknowledged a memo from Assistant Batchelder regarding �
opera.tion of the Mendakota Pazk concession stand.
Mayor Mertensotto stated informed the audience that the Fire Relief
Association has contracted with the city for operation of the stand
for the past two years but no longer wishes to continue. He stated
that Council must decide if it wishes to solicit interest from non-
profit civic or athletic groups or advertise and rent the stand to an
independent contractor. He suggested that if the stand is rented,
utility costs and other costs should be factored into the rental. He
noted that a civic group might run into the same difficulty of finding
enough volunteers to man the stand as the relief association did. He
asked how other cities operate their concession stands.
Assistant Batchelder responded that most have seasonal workers
how run the concessions under supervision, but that West St. Paul
has an independent contractor and Eagan uses its Park employees.
He informed Council that the relief association has made a profit
both years, but much of the profit was from the big weekend
tournaments. He stated that there is li�tle revenue on week days. He
stated that he has been contacted by a vendor and by a volunteer
organization which would like to operate the stand only on
weekends.
Mayor Mertensotto stated that the stand was intended for the
convenience of the residents rather than to make money. He felt that
if the stand is not operated during the week, there will likely be
vendor trucks.
Councilmember Krebsbach stated that she likes the idea of providing
a concession stand and felt that if people are in the park they should
have concessions available, whether they are available at the stand
or from a vendor truck.
Assistant Batchelder informed Council that the Park Commission
consensus was for staff to do limited advertising for operation of the
Page No. 4345
March 21, 1995
stand by an independent contractor and contact local athletic,
booster or civic groups to determine if there is any interest.
Councilmember Huber stated that he has no objection to contacting
civic groups but it should be stipulated that the stand should be
operated during the week as well as on weekends. He stated that he
understands and appreciates that they might have a hard time getting
volunteers to man the stand but the city made a significant
investment in the concession stand and it should be used.
Staff was directed to contact civic and non-profit organizations,
followed by advertising for someone to lease the facility if no
interest is shown by non-profits, with the understandi.ng that the
facility is to be open all week.
RECREATION Council acknowledged a memo from Administrative Assistant
PROGRAMMING Batchelder regarding a recommendation from the Pazk and
Recreation Commission that Council direct staff to examine and
� analyze the feasibility and impact of esta.blishing a full-tune
recreation programmer position.
Assistant Batchelder informed Council that as part of the Council's
target issues process, it requested the Park Commission to address a
number of issues including capital improvement planning, funding
sources, park dedication fees and recreation programming. He
explained that the commission has discussed those items over the
past several months and, with respect to prograrnming, felt that a
city of Mendota Heights' size should look at the feasibility of
establishing a fu11-time recreation programmer position. The
commission asked that staff be directed to explore the need for the
position. �l
Councilmember Huber stated that preparing a study would be all
right but Council originally discussed that by and large the existing
part time position would have to be supported by program fees. He
stated that he would be willing to explore expansion of the position
but not until he knows how the city is doing on the relationship
between fees and city costs, pointing out that the challenge is to try
to develop programs that will cover costs.
Mayor Mertensotto stated that he believes Councilmember
Krebsbach initiated the discussion because of concern over what
should be done with respect to further capital improvements now
that the referendum funds are gone. He felt that the real problem of
under utilization of existing facilities is the real problem. He stated
that the city is spending about $380,000 per year for parks and
recreation now plus an additional $70,000 for maintenance and more
Page No. 4346
March 21, 1995
for capital improvements. He stated that for the money being spent
the city must increase utilization of the facilities. He stated that the
Mendota Heights Athletic Association is doing an excellent job,
serving 500 children in its basketball program, 500 in soccer and
1100 in tee-ball through baseball. He stated that the city spent
considerable money on the Henry Sibley site for youth ball and the
pinwheel design at Mendakota for adult softball, and the question is
whether the city is doing a good job with the athletic program for the
existing facilities. He asked whether the Sibley fields can be used
more since the city has a need for them, and further asked how the
city is coordinating those fields into its programs.
Assistant Batchelder responded that the school district schedules use
of the fields. He stated that coordinating and scheduling use of the
fields is part of the recreation programmer's job and she is very busy
now on the ball programs. He further sta.ted that there are other
recreation programs offered by the city which fill up immediately.
Mayor Mertensotto stated that the focus should be where the need is
greatest - the number of children in ball sports.
Assistant Batchelder responded that when the� part time recreation
programmer position was created it was with the covenant that the
city would pay the salary and overhead for that person and the
prograzns would be self-supporting. He informed Council that all of
the programs are user fee supported, and music in the pazk program
is supported by the fees from the other programs. Mr. Batchelder
stated that except for the recreation programmer's salary and the fee-
supported recreation programs, the $373,000 budgeted in the park
depart�nent budget this year is budge�ell- for pazk expenditures. He
explained that the Park and Recreation Commission feels that the
city could offer more user fee supported programs. He stated that
when the programmer position was established, it was done with the
understanding that the city would not duplicate any of the programs
that are offered by the athletic association or school district, and the
Commission wants to look at providing programs that would address
the needs other age groups.
Mayor Mertensotto stated that people involved in the athletic
programs now are frustrated because of the lack of fields and
playing time. He stated that existing fields are not being utilized,
and Council should stand back and look at what is currently being
done and whether the problems are being addressPd.
Assistant Batchelder responded that what the Commission is talking
about is additional programs that may not need fields - they may
Page No. 4347
March 21, 1995
need downstairs space at City Hall, for instance. He explained that
the Commission would like sta.ff to conduct a feasibility study to see
if the needs of the community are being served and to look at the
gaps in service to see if there are recreation programs the city should
be offering.
Councilmember Huber stated that there may be some question about
whether or not fields are being .utilized but what Mr. Batchelder is
getting at is if the city should be looking at expanding its programs,
beyond simple youth activities, that will not need fields. He
suggested that the city could look at using ballfields during the da.y
but that is another set of issues - the fields aze being heavily used
evenings and weekends now.
Councilmember Krebsbach stated that she would not want to see the
city compete with community education and that many of the
suggested programs, such as CPR, are currently offered by
commuruty ed. She felt that the city should keep its mission to the
athletic aspect.
Councilmember Smith stated that she sees the city's roll as a
facilitator rather than a program provider, and that the city should
work with the athletic association and Sibley Sting to coordinate
efforts. She suggested that the city could facilitate a walking club,
as an example.
Councilmember Huber stated that what Assistant Batchelder would
do is take a look at what community education is offering and see if
there is something it is not offering that the city should. He felt that
the Parks Commission should perhaps�e doing that any way,
without Council discussion, as part of their regular agenda. He
stated that if the commission identifies needs, they could bring the
issue back to Council.
Mayor Mertensotto suggested that Council hold a workshop with the
Park Commission and Mendota Heights Athletic Association to
identify problems and how to solve them.
Councilmember Krebsbach stated that if needs are identified, the
community education people should be informed that they are
programs Mendota. Heights residents need.
Mayor Mertensotto stated that Council should find out what the
problems are, such as is there a problem with basketball in the
winter months, or soccer, and the city should do a better job for
those who are now involved in the activities.
Page No. 4348
March 21, 1995
Councilmember Huber responded that Council should keep in mind
that there are possibly 1,000 children involved in the youth
programs but that leaves 9,000 other residents. He felt that the
recreation programmer's role should be something more than just
scheduling ballfields. He asked if the birdhouse building program
filled up.
Assistant Batchelder responded that all of the programs which the
city has offered have been filled almost immediately.
It was the consensus to conduct a joint workshop within the next
three months.
WORKSHOP Council acknowledged a memo from Administrator Lawell
regarding the scheduling of workshops for discussion of the St. Paul
Water contract and the T.H. 55/1101and use study.
Treasurer Shaughnessy informed Council on tax increment financing
bills being considered by the legislature.
Administrator Lawell informed Council that the people (Dakota.
Bank) who aze looking at the Curley site would like to spend some
time with Council to see what type of development Council would
like for the property and would like to address the land use issues.
There was discussion over whether time should be allotted at the
T.H. 55 workshop for discussion with the representa.tives of the
bank.
_�
Councilmember Huber sta.ted that he did not want to get involved in
the discussions to early.
Councilmember Krebsbach stated that everyone is concerned about
getting the property cleaned up. She suggested that perhaps the
bank representatives could be invited to come at the beginning or
end of the T.H. 55 workshop with some parameters.
Mayor Mertensotto sta.ted that he has no concept of how the site
should develop, fiuther stating that he is not the developer and is not
at risk. He stated that the bank must find a major developer for the
site.
Councilmer.�ber Krebsbacli felt that Cc::ncil should l�.ear their plans
and discuss with them what the city would consider appropriate for
that corner. She stated that the bank wants some direction from the
Page No. 4349
March 21, 1995
city before they progress further and felt that Council should provide
them with an opportunity to discuss the matter.
Administrator Lawell informed Council that Planner Uban will
present some options and development scenarios for the site as part
of the T.H. 55 study.
Councilmember Smith stated that she thinks it would be useful to
discuss some of the issues with them, such as the fact that the city
wants a fourth triangle. She noted that Council has talked about the
possibility of residential use and if it is the bank's choice to go in
that direction, Council should give them some pazameters. She felt
that it is appropriate to tallc about the site in light of the discussion of
the T.H. 55 corridor and stated that she would like to have the
discussion with the bank after the corridor is discussed. major
developer for the site. Councilmember Smith stated that Council
does not have to commit to anything but has talked about developing
the site in such a way that it would serve the city rather than just
those passing through. She stated further that Council would not set
the parameters for the development but could give the bank
guidelines and indicate what is appropriate.
City Attorney Hart stated that if Council schedules a workshop
discussion, it is very important from a legal perspective that it needs
to be cleaz in writing to the bank that Council would simply be
reacting to ideas and hearing concepts rather than directing what
should go on the site. He pointed out that it is up to the future
developer as to what gets proposed.
Administrator Lawell stated that another option would be for the
bank representatives to appear before Council with a sketch plan
before they go to the Planning Commission.
Councilmember Huber stated that he feels that if Council met with
the purchasers at a workshop it would be setting an undesirable
precedent and while it is laudable that they are looking to Council
for direction there is a line Council does not want to cross.
Mayor Mertensotto felt that it would be a bad policy to meet with
the bank representatives at this time. He stated that he would have
no objection to Councilmembers Smith and Krebsbach and staff
meeting with them before the T.H. 55 workshop as long as no
commitment is made and the City Attorney advises them on the
parameters of what can and cannot be discussed at the meeting.
Ayes: 5
Nays: 0
Page No. 4350
Maxch 21, 1995
Councilmember Krebsbach moved to conduct a joint
CounciUPlanning Commission workshop on the T.H. 55 study at
7:00 p.m. on May 9. �
Councilmember Smith seconded the motion.
It was the consensus that no workshop is needed for discussion on
the water service contract since a Council negotiating subcommittee
is working on the matter and will report to Council.
ADJOURN There being no further business to come before the Council,
Councilmember Huber moved that the meeting be adjourned.
Councilmember Koch seconded the motion.
Ayes: 5
Nays: 0 .
ATTEST:
Charles E. Mertensotto
Mayor
TIME OF ADJOURNMENT: 10:28 o'clock P.M.
Kathleen M. Swanson
' City Clerk
"\
LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
March 21, 1995
Cement/Masonrv Contractor License
Garvey Construction Inc.
0'Leary-Omodt Masonry, Inc.
Lxcavation Contractor License
Herman Fxcavating
Rline Bros Excavating
Specialized Turf, Inc.
Gas_PiQinQ Contractor Licease
Sylvander Heating Inc.
Wohlers Southaide Heating & A/C
Cedar Valley Heating
SVAC Contractors License
Peterson Bros Sheetmetal
Wohlers Southside Heating & A/C
General Coatractors License
M.P. Johnson Construction Inc.
Lantis Construction Inc.
_�
Stucco/Drywall Contractor License
Scandia Stucco Co.
Rubbish Haulers License
Highland Sanitation
4"� L .1
i�
CITY OF MENDOTA HEIGHTS
DAROTA COIINTY, MINNESOTA
PLAI�TNING COb�iISSION
MARCH 28, 1995
The regular meeting of the Mendota Heights Planning Commission was
held on Tuesday, March 28, 1995, in the City Hall Council Chambers,
1101 Victoria Curve. The meeting was called to order at 7:35
o'clock P.M. The following members were present: Koll, Betlej,
Dwyer, Lorberbaum, Duggan and Tilsen. •Commissioner Friel was
excused. Also present were Public Works Director Jim Danielson,
Planning Consultant John Uban, Administrative Assistant, Kevin
Batchelder and Senior Secretary Kim Blaeser.
APPROVAL OF MINIITES
Commissioner
minutes.
Commi s s ioner
AYSS: 6
NAYS: 0
HEARING:
CASE N0. 95-03:
HEAVER -
SIIBDIVISION
Tilsen moved approval of the February 28, 1995
Lorberbaum seconded the motion.
Chair Dwyer explained that Mr. Keith Heaver, of Heaver Design
and Construction, has made application for a Subdivision on
the Logan and Hughes properties to create nineteen (19) single
family lots for development. He explained��hat this property
is located east of Cherry Hills Addition and south of
Knollwood Lane.
Dwyer explained that a public hearing notice was published
which announced a public hearing for this subdivision for
tonight's meeting. He explained that Mr. Heaver was unable to
submit the required site plans in time for City Planner Uban
to review the proposal and prepare a planner's report.
Dwyer explained that City staff informed Mr. Heaver that the
public hearing would be postponed until April 25, 1995. He
also explained that a letter was sent to all property owners
within 350' of the, subject property informing them that this
item would be carried over until the April meeting.
Chair Dwyer stated that the Planning Commission will conduct
an informal discussion tonight and allow the public to briefly
comment on the proposed subdivision.
Planning Commission
March 28, 1995
Page 2
Dwyer stated that Mr. Heaver's request is to create nineteen
single family lots with lot sizes.between 15,500 to 24,000.
He explained that the development will be accessed by
extending Knollwood Lane in a southeast direction and forming
a cul-de-sac.
Commissioner Tilsen inquired about drainage. Mr. Heaver
responded that engineering work had been delayed as he had
been in the process of acquiring the Hughes property. He
briefly reviewed the proposed street elevations and how the
water will runoff in this�area. Commissioner Tilsen stated
that water will need to be retained somewhere. Mr. McGinley
briefly reviewed concepts of how.water will be retained.
Commissioner Duggan inquired if Mr. Heaver has considered
other development plans for this area. He suggested that Mr.
Heaver consider developing twelve lots instead of nineteen.
He stated that this number of lots will be in keeping with the
character of the area. Mr. Heaver stated that he has reviewed
other concepts. He explained that originally the Logan
property had only been acquired for development. He explained
that with the acquisition of the Hughes property, the
development will consist of larger lots and houses. He stated
that this proposed development will be in character with the
homes on Knollwood Lane and that all the lots exceed the
minimum requirements.
In response to a question from Commissioner Duggan regarding
the excavation process on Lots 2-5,. Mr. Heaver responded a
retaining wall will be constructed on the Logan property to
minimize grading. -�
Commissioner Lorberbaum informed the Commission that she had
spoken with Mr. Don Whitney, 1432 Cherry Hill Road, (house
,,. directly behind Lot 18 of Mr. Heaver's development) and he had
informed her that he is very concerned about how this
development will increase traffic in this area. Mr. Heaver
responded that the original Cherry Hills Addition plat allows
for a street extension. Mr. Heaver stated that traffic will
be screened. He further stated that he plans to construct an
entrance monument with landscaping.
Mr. Heaver stated that his proposal meets City Ordinance
requirements. He stated that the proposed lots are larger
than most residential lots. Commissioner Duggan noted his
concern for the character of the existing neighborhood.
Mr. McGinley briefly reviewed proposed traffic circulation
which included a 500 foot cul-de-sac.
�
Planning Commission
March 28, 1995
Page 3
In response to a question from Chair Dwyer, Mr. McGinley
stated the site is about 9 acres. He stated tihat the
development may include 21 homes (19 new lots plus 2 existing
homesteads - Logan and Hughes).
Commissioner Betlej inquired if Mr. Heaver intends to
construct all homes�within this development. Mr. Heaver
stated yes. Commissioner Betlej noted his concerns for
drainage and especially how the grading will be completed for
Lot 9. He further inquired if there will be a more detailed
survey available soon. Mr. McGinley'responded yes.
Mr. McGinley stated that they are aware of the tree
moratorium. He reviewed a draft tree survey which indicated
significant trees on the property.
In response to a question from Commissioner Betlej , Mr. Heaver
stated this development will be similar to the Brookside
development with homes ranging from 1, 800 square feet to 4, 000
square feet. Commissioner Betlej stated that marketing of the
lots would improve if the lot sizes were larger.
Commissioner Koll stated that she would like to see a map
which indicates square footage of adjoining lots. She noted
her concerns in maintaining the character of the area and that
she would like to compare neighboring lot sizes.
Commissioner Duggan inquired about an exiating shed on Lot 13.
Mr. Heaver responded that it is a garage and that it would be
removed along with other items on the property.
" l
In response to a question from Commissioner Duggan, Mr.
McGinley stated he does not know, at this time, what amount of
earth will be moved. Commissioner Duggan stated that the City
will need to be made aware of thia number.
Chair Dwyer informed the public that this is not a formal
hearing but that the Commission would be willing to listen to
any comments from the public.
Bob McMonigal, Second Avenue, inquired about the retaining
wall location and who will be responsible for maintaining it.
Chair Dwyer responded that Mrs. Logan will be responsible as
it will be constructed on her property.
Commissioner Duggan inquired about the type of material used
to construct the wall. He stated that natural material should
be considered. Mr. Heaver agreed and stated that they are
considering a boulder retaining wall.
Resident at 690 Second
elevations on Lots 9-11.
grade/elevation will affec
this development.
Planning Commission
March 28, 1995
Page 4 �
Avenue inquired about property
He also inquired about how the
t specific house types proposed in
Rhonda Simonson, First Avenue and Clement Street, noted her
concerns for a row of spruce trees and stated that they are
the best natural asset of the property. She further stated
that the lots in the Brookside development are larger than the
ones proposed in this development. She also noted concerns
about increased traffic levels. Mr. Heaver stated the row of
spruce trees is not within the proposed development but north
of the property line. He stated he is not sure how close the
spruce trees are to the property line.
Eliza.beth Holm, Knollwood/Fmerson, noted her concern for
increased traffic. She further suggeated that a cul-de-sac be
considered to help alleviate traffic.
Resident, 1440 Cherry Hill Road, stated her property is
located behind the proposed Lot 17. She inquired about
drainage and noted her concern for ponding water. She stated
that she purchased this house during the summer and that they
have had water in their basement.
A resident from Knollwood/Emerson, stated ahe has enjoyed the
nature and wildlife for many years. She stated that it would
be shame to construct such large houses on such small lots.
Stan Linnell, Cherry Hill Road, stated that the basic layout
of the proposal seems reasonable. He stated it does make
sense to construct fewer houses on larger lots. He further
stated that ponding water already occurs in the Cherry Hill
area. He further noted concern for increased traffic by
stating Cherry Hill Road is in poor shape. He stated a cul-
de-sac is a good idea. He further suggested that trail access
be considered for this new development. Administrative
Assistant Batchelder stated that with any new subdivision, the
Parks and Recreation Commission reviews park dedications.
Richard Holm, Knollwood/Emerson, noted his concerns about
drainage and density. He further inquired about ownership of
a drainage pond. He also inquired about its proposed size and
depth. Mr. McGinley responded that drainage ponds are not
designed to be deep. Commissioner Duggan stated the developer
needs to submit soil analysis.
Commissioner Duggan moved to continue the public hearing to
April 25, 1995 at 7:45 o'clock P.M.
Commissioner Lorberbaum seconded the motion.
�
Planning Commission
Ma.rch 28, 1995
Page 5
AYSS: 6
NAYS: 0
HEARING: -
CASE NO. 95-02:
CITY OF b�NDOTA BEIGSTS -
ZONING ORDINANCE Ab�NDbII�NT -
ATHLETIC STADIIIMS
Chair Dwyer explained that the Planning Commission has been
discussing appropriate changes to the Zoning Ordinance that
would provide additional controls and standards for athletic
stadiums at their December, January and February meetings. He
stated that at their March 7, 1995 meeting, City Council
directed the Planning Commission to conduct a public hearing
to review the ordinance amendment. Chair Dwyer stated that
the City Council was given the opportunity to submit any
comments or concerns in writing prior to the public hearing.
He stated that no comments have been received.
Chair Dwyer explained that there are two specific items the
Commission should consider tonight before recommending the
adoption of the Zoning Ordinance amendment. He explained that
Commissioner Friel has suggested that item 21.6(9) be
inserted. He explained that this proposed addition would make
all existing stadia in the City subject to the requirements of
the new Ordinance. Alao, the Commission needs to discuss how
this Zoning Ordinance amendment will apply to each zoning
district.
The Commission reviewed the definition of azrathletic stadium.
Chair Dwyer suggested that any reference to stadiums within
the ordinance should be referred to as ��stadia". The
Commission concurred.
Commissioner Tilsen stated that under the current definition,
because hockey rinks and tennis courts are lit, they could be
considered an athletic stadium. He stated that these outdoor
hockey rinks and tennis courts should not be included.
The Commission was of the consensus to add the following
language, as underlined, to the definition of athletic
stadiums: "For purposes of this Ordinance, an Athletic
Stadium is an outdoor facility associated with a school,
institution or commercial enterprise that is used for athletic
competition or training and has spectator seating and is, a)
lit by artificial means, b) uses a public announcement system
to communicate to spectators or c) has a spectator seatincr
capacity of 50 or more.
�
Planning Commission
March 28, 1995
Page 6
The Commission discussed which districts will allow athletic
stadiums as conditional uses. It was the consensus that
Districts R-1 and District I allow athletic stadiums as
conditional uses. The Commission directed staff to address
this by adding the following:
Section 7.2(11) should be added those uses listed as
Conditional Uses in Section 7.2 of the "R-1" - One Family
Residential District to read as follows:
7.2 (il) Athletic Stadia when in conjunction with a school
as per the provisions in Section 21.6.
and
Section 19.2(14) should be added to those uses listed as
Conditional Uses in Section 19.2 of the "I" - Industrial
District to read as follows:
19.2(14) Athletic Stadia when in conjunction with an
institution or commercial enterprise as per the
proviaions in Section 21.6.
Regarding Section 21.6(1) Location - Athletic Stadia shall be
located no closer than 600 feet from a residential district,
Chair Dwyer suggested that "district" be changed to
"structure". The Commission agreed.
Regarding 21.6(2)e Lighting License Required - the Commission
was of the consensus to change the following, as underlined,:
_�
e. The application for the yearly lighting license shall be
submitted not later than June 1 in each year on forms
provided by the City. In addition to demonstrating
compliance with the foregoing standards, the application
shall set forth with particularity the dates, times,
hours of operation and nature of all events during the
ensuing year (October 1 to September 30) for which it is
proposed to use lighting or the public address system or
the expected attendance is 500 or more. The application
shall be placed on the Council agenda for consideration
not later than the first Council meeting in Julv or it
may be referred to the Planning Commission on or before
that date for consideration by the Planning Commission so
that the City Council can give consideration by the City
Council so that the City Council can give consideration
to the application not later than its first meeting in
August.
Planning Commission
March 28, 1995
Page 7
Regarding Section 21.6(3) Parking, Commissioner Tilsen
suggested that this section provide requirements for bicycle
stalls. The Commission was of the consensus to include the
following, as underlined:
21.6(3) Parking. One (1) automobile parking stall for every
three seats or six feet of bench shall be provided. One
bicycle parking stall for every 30 seats or.60 feet of bench
shall be provided.
Regarding Section 21.6(5) Landscaping and Architecture, the
Planning Commission discussed requiring submittal of a
landscape plan for Planning Commission and City Council
review. The Commission was of the conaensus to include the
following, as underlined:
21.6(5) Landscaping and Architecture. Al1 accessory
" buildings shall be architecturally designed so as to be
compatible with the general architectural intent of the area
in which it is located. A landscape plan, building ma.terials,
color and design plan shall be submitted and reviewed by the
Planning Commission and City Council. �
Regarding fence location and how the fence line location
should be defined, the Planning Commission was of the
consensus to include the following, as underlined:
21. 6( S) Fencing. The stadia shall be fenced by an eight foot
vinyl clad chain link fence, or approved substitute. The
fence line location shall define the stadia edge for purposes
of ineasuring 600 foot distance as provided for in Section
21.6 (1) .
The Planning Commission was of the consensus to add the
following language, as per Commissioner Friel's suggestion.
This language is being added to make all existing stadiums in
the City subject to the requirements of the new ordinance, in
particular the annual licensing requirement.
21.6(9) Applicability. This Ordinance shall a�nly to all
stadia within the City now in existence and to those which by
reason of construction or alteration after the date hereof
fall within the definition of stadia herein provided.
Commissioner Tilsen inquired if security personnel and safety
officers should be included as part of Other Conditions,
Section 21.6(10). The Commission was of the consensus to add
the following, as underlined:
Planning Commission
March 28, 1995
Page 8
21.6(10) Other conditions. The City reserves the right
through its police powers to apply other conditions to the
Conditional Use Permit including but not limited to number of
security personnel and safety officers, seating capacity,
number of events, hours of operation, and number of night
events. Such conditions may be imposed at the time that
yearly license is renewed.
Chair Dwyer suggested that St. Thoma.s Academy, Visitation and
Henry Sibley High School be informed of the proposed Zoning
Ordinance Amendment.
Commissioner Koll suggested that under Section 21. 6(2) e, that
the application process be removed from the ordinance. She
stated that this information is redundant and that specific
timelines have already been established within the first part
of this section. The Commission concurred. Therefore, the
following information has been stricken from the Section
21�. 6( 2) e, as underl ine :
e. The application for the yearly lighting license shall be
submitted not later than June 1 in each year on forms
provided by the City. In addition to demonstrating
compliance with the foregoing standards, the application
shall set forth with particularity the dates, times,
hours of operation and nature of all events during the
ensuing year (October 1 to September 30) for which it is
proposed to use lighting or the public address system or
the expected attendance is 500 or more. z�e aAAlication
Commissioner Duggan moved to close the public hearing.
Commissioner Koll seconded the motion.
AYES: 6
NAYSr 0
Commissioner Duggan
adopt the Athletic
Ordinance No. 401.
moved to recommend that the City Council
Stadium Ordinance which amends Zoning
Commissioner Koll seconded the motion.
c Y
Planning Commission
March 28, 1995
Page 9
AYES: 6
NAYS: 0
VSRBAL RF�VIE� '
Public Works Director Danielson updated the Planning
Commission on City Council action regarding recent planning
cases.
r � • �a: �i�i:��M
There being no further business, the Planning Commission moved
to adjourn its meeting at 10:00 o'clock P.M.
Respectfully submitted,
Kimberlee R. Blaeser
Senior Secretary
�
_�
T0:
FROM:
SUBJECT:
MEMO
Date: 3-2T-95
- Mayor, City Co�cil, and City Administrator
Paul R. Berg, Code Enforcement Officer �' �''B`
Building Activity Report for March 1995
CURRENT MONTN
BUILDING
PERMITS: No. Valuation Fee Collected
SFD 2 294,152.00 2,658.98
APT 0 0 0
TOWNHOUSE 0 0 0
CONDO 0 0 0
MISC. 18 99,220.00 1,852.15
C/I 7 648,950.00 � 5,375.04
-------------------------------------------
S� Totel 27 1,042,322.00 9,886.17
TRADE
PERMITS•
Plunbing 10 199.00
Water 1 5.00
Seuer 1 17.50
Heat, AC,
& Gas 9 1,002.00
-------------------------------------------�
Sub Total 21 1.223.50 'I
YEAR TO DATE 95
YEAR TO DATE 94
� No. Vatuatian Fee Collected � No. Valuation Fee Collected •
� �
� 2 294,152.00 2,658.98 � 10 1,813,746.00 15,287.27
� 0 0 0 � 0 0 0
� 0 0 0 � 0 0 0
� 0 0 0 � 6 561,520.00 3,672.08
� 40 558,235.00 8,443.74 � 46 661,072.00 10,618.98
� 25 1,248,289.00 12,348.61 � 7 4,488,521.00 20,914.99
+------------------------------------+------------------------------------
( 67 2,100,676.00 ?3,457.33 �� 69 7,524,859.00 50,493.32 '
� �
� �
� �
� �
� �
� 30 1,287.00 � 35 2,478.00
� 3 15.00 � 10 50.00
� 4 70.00 � 8 . 140.00
��"„
! 46 4,108.00 � 52 3,288.00
------------------------------------+------------------------------------
83 5,480.00 � 105 5,956.00
Licensinq• � I
� �
Contractor�s � I
Licenses 13 325.00 � 230 5,750.00 � 202 5,050.00
-------------------------------------------+------------------------------------+------------------------------------
Total 61 1,042,322.00 11,434.67 � 380 2,100,676.00 34,681.33 � 376 7,524,859.00 61,499.32
NOTE: Atl fee amounts exclude Sac, Wac, and State Surcharge. Amounts shown will reftect only permit, plan check fee, and
valuation amounts.
u 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
�����: • ► 1 ��
TO: City 11�iayors and Administrators/Clerks:
- Inver Grove Heig�ts �
- L�ydale •
- l�iendota
- Mendota Heights�
- South St. Paul
- Sunfish Lake
- West St. Paul
FROM: Jodie �Iiller, Executive Dire
DATE: 29 I�Iarch 1995
RE: NDCd MEETING MINUTES � AGENDA
Enclosed are copies of the UNAPPROVED minutes from the February lst NDC4
Co�runission meeting and the l�iarch lst NDC4 Executive Committee meeting. Please
disiribute copies of these minutes to your city council members. l
Also enclosed is a copy of the Agenda for the next full Commission meeting on
Wednesday, Apri15, 1995.
Please feel free to contact me at 450-9891 with questions or comments regarding any cable
issues.
Encs.
�
�
UNAPPROVED
Northern Dakota County Cable Communications Commission
Fuil Commission Meeting
February 1, 1995 -
1. Call to Order/Pledq,e: The February 1, 1995 NDC4 meeting was called to order by Chair
Tourville at 7:00 p.m. The Pledge of Allegiance was recited.
�iembers Present: Lucille Collins, John Huber, Jodelle Ista, John Lagoo, James Levy,
John OBrien, Paul Fieper, Mike Sokol, George Tourville, and Richard Vitelli. Members
Absent: Atvin Boelter, Henry Hovey, and Jim Toye. Others Present: Brian Grogan
(NDC41ega1 counsel); Liz Witt (NDCTV President}; and Joy Cwtin and Jodie Miller
(sta�.
Chair Tourville introduced and welcomed newly appointed Commissioners: James Levy -
�� city council representative &om the City of Litydale and Paul Fieper - citizen representative
from the City of Inver Grove Heights.
2. Adopt Agenda - Motion Z-1-9S-1 to adopt the Agenda as submitted was made by Jodelle
Ista, seconded by M. Sokol, and unanimousty cazried.
3. Consent Agenda -
-.
A) Approve Minutes: The January 4, 1995 NDC� minutes were presented for
approval. tNotion Z-1-9S-2 to approve the January �, 1995 full Commission meeting
minutes was made by J. OBrien, seconded by J. Lagoo, and carried.
B) Approve List of Ciaims: The List of Claims for 1/5/95 - 2/1/95 was presented for
approval. J. Miller pointed out that the 4th quarter unemployment payment is less than
what might have been claimed, however the Commission is potentially liable for $1000
more in 1995. There is no money being budgeted for potential unemployment claims.
Staff was directed to consult with the accountants to deternune how best to plan for future
claims of this naiure. �Llo�ion 2-1-95-3 to approve the List of Claims for 1/5//95 - 2/1/95
was made by R. Vitelli, seconded by L. Collins, and cazried.
4. NDCTV Update - NDCTV President Liz Witt reported on accomplishments of NDCTV
over the past yeaz. The Boazd of Directors held meetings every other month and four
working committees were established and consisted of Boazd members, Commissioners,
staff and citizens. The Marketing Committee successfully directed activities that increased
NDC4 Commission Meeting
February 1, 1995
UNAPPROVED
�
Production Services and visiirility of the organization in the community. The Finance
Committee worked closely with staff on preparing budgets and overseeing financial
concems. The Operations Commiitee revised the By-Laws and Niission Statement; and
the Technical Committee reviewed technology as it relates to NDCTV needs. The
committee structure worked very well. Althou�h the number of staff decreased during the
last quarter of the year, staff continued to increase NDCTV visibi7ity in the community,
complete Production Services projects, and exceed the membership goal. The total
number of programs produced in 1994 more than doubled from the year before. A most
successful Planning Retreat was held at which staff presented an analysis of the
organization to help the Board set goals and strategies. There has been a turn-over on the
Boazd as a result of resignations and elections. NDCTV sutpassed its goal to raise
revenues, however money not used on conferences and personnel account for a porcion of
this amount. �
i
J. '_�Iiller added that she is currentry taking a class on "for-profit ventures for non-profits"
that should help the organi7ation assess what ldnds of vent�u�es are feasible and profitable.
L. Collins added that working with the NDCTV Board and committees has been very
rewarding as the groups work together so well, and hopefully next year will be as good.
�
5. RePort From Continental - J. Miller reported that Continental has submitted a foimal
request for a Franchise Ordinance variance to offer the IViusic Choice service in place of
the FM radio service. Letters have been sent by Continental to current subscribers of the
FM service advising them of this potential change and invifiing their comments. B. Grogan
pointed out that the Commission has 14 days after receipt of the variance rPquest in which
to formulate a report and 30 days thereafter to make a decision regarding the request. He
further stated that this request�d change constitutes a minor deviation from what was
originally required by the Franchise 4rdinance and as such a variance is appropriate.
' "l
:i�fohon 2-1-95-4 to grant the vanance request to provide the �lusic Choice s�ice in place
of the F'I�i radio service was made by R. Vitelli and seconded by J. Lagoo. Discussion
followed during which a quesrion was raised on why the number of channels offered with
the new senice d'unuushed from 30 to 25 since the last meeting. Clarification was also
requested regarding the cost of the senice and Continental's original offer of two month's
complimentary senrice to current subscribers. It was also noted that the variance request
does not specify "Iviusic Choice" as the service that will be offered. It was suggested that
the Commission approve a variance with modifications and if Continental does not agree
with these changes, they can re-submit their request. R. Vitelli and J. Lagoo withdrew
their motion and second. Lengthy discussion ensued. Motion 2-X-9S-S to approve a
modified variance that adds language specifying "digital cable radio service" will be
provided and stating there will be a minimum of 25 channeis was made by R. Vitelli and
seconded by J. Lagoo. The vote was taken and defeated with a 5 to 5 tie. Discussion
continued. �i�Iotion Z-1-9S-6 to approve a modified variance that adds language specifying
"digital cable radio service" will be provided, that 30 channeLs will be provided as
previousiy proposed by Continental, and clarifying that Continental Rrill honor their
Page-2
NDC4 Commission Meeting
� February 1, 1995
UNAPPROVED
commitment to offer 2 months complimentary seivice to current F1�I radio subscribers was
made by M. Sokol, seconded by J. Ista, and unanimously cazried.
J. Miller reported that subscribers continue to call regarding equipment compatibility
problems between their newer more sophisiicated televisions and Continental's converter
boxes, whether old or new. Although the boxes a�ord convenience for addressability,
there are some people who would like the option of giving up the addressability for having
use of the new features on their television sets. Chair Tourville commented that changes
are quickty forthcoming and it may be premature to initiate a specific direction at this rime.
J. Miller suggested further that it may be to Continental's advantage to try to offer some
flexi'bility to those customers who aze willing to give up addressability in order to use the
features of their highty technical television sets and continue to subscribe to cable. . B.
Grogan will make available a s��mmary of the FCC's equipment compatibility report for the
next NDC4 meefiing mailing. It was agreed that the matter should be discussed with
Continental and the Commission should keep on the leading edge of technology changes.
6. Citizen Comments - One caller eYpressed interest in obtaining different cable services.
7. Etection of Officers - Chair Tourville opened the floor to nominations. Current officers
indicated their willingness to run again for the office they held during the past year:
�'blotion 2-1-95-7 to approve the slate of cazididates presented (George Tourville - Chair,
Dick Vitelli - Vice-Chair, Lucille Collins - Secretary, John Huber - Treasurer, and Jodelle
Ista - At-Large E.tecutive Committee Member) was made by J. Lagoo, seconded by J.
OBrien, and unazumously cazried
8. A�pointments -
A) Financial Institutions: J. Miller recommended continwng NDC4's accounts at
Southview Bank. Molion 2-1-95-8 to designate Southview Bank in South St. Paul as the
official depository for money accounts was made by R Vitelli, seconded by J. Lagoo, and
unanimously carried.
B) Legat Counsel: J. Miller presented the agreement submitted by Moss & Barnett and
recommended approving the firm as NDC4's legal counsel. B. Grogan pointed out that the
only changes made to the agreement from last yeaz concern identification of specific people
who are no longer with the fum. Motion Z-1-9S-9 to approve Moss & Barnett as legal
counsel for the coming year was made by J. Lagoo, seconded by J. OBrien, and
unanimously carried.
9. Negotiation Committee Report: M. Sokol reported that the Committee reviewed the
three variance requests made by Continental. The Committee recommends approval of the
I-Net variance request for 18 months to expire June 30, 1996 on the basis that there is no
cwrent need for the system. Motion 2-1-95-10 to approve the I-Net variance request
Page - 3
NDC4 Commission Meeting
February 1, 1995
UNAPPROVED
e�ension for 18 months ending June 30, 1996 was made by M. Sokol, seconded by J.
OBrien, and carried with P. Pieper abstaining.
Continnental requested an extension to June 30, 1996 of the Interconnection variance. The
Committee recommends approval of the extension on the basis that doing the
interconnection would not be commercialty practical at this time. Motion 2-1-95-11 to
approve the extension to the Interconnection variance for 18 months to expire June 30,
1996 was made by R. Vitelli, seconded by J. Lagoo, and cairied with P. Pieper abstaining.
Continental requested an extension to the High Speed Data variance to June 30, 1996.
The Conunittee believes High Speed Data network is akin to providing data transfer over
the cable system and may encompass other things lik� interactive communication services,
etc. The Committee recommends modifying the vaziance request by e:rtending the date to
January 31, 1996 and requiring negotiations to talce place six months prior to that date.
Motion 2-1-95-IZ to approve the mod.ified variance request extending the date to January
31, 1996 was made by R. Vitelli and seconded by J. Lagoo. B. Grogan pointed out that
the Franchise Ordinance has a provision for requesting reports from Continental. R. Vitelli
and J. Lagoo agreed to amend their motion to include requesting Continental to provide
informational reports as required by the Commission five months prior to the variance
expiracion. The vote was taken and the mofiion cazried with P. Pieper abstaining.
10. Legal Counsel Re�rt: B. Grogan reported that a sign�.cant district court decision was
made recently that allows regional Bell telephone systems to own their own programming.
Cable companies will now face direct competition from telephone companies. In the Twin
Cities area, Paragon Cable Company has been sold to Time Warner, Inc. The deal is
expected to be completed by mid-summer. It is likely more cable systems will be bought
up resulting in only a couple of systems left to compete with the telephone company for
provid.ing communications services. l
The security fund was brought up for discussion. B. Grogan reviewed the request by
Continental to replace the security fund with a performance bond. Concerns to the
Commission include the procedure to follow if changes are made as such changes may
require a Franchise Ordinance Amendment and the difference between the liquidity of
either one. It was a�reed to posipone discussion of this topic until a Continental
representative is present to discuss the issue.
11. Staff Report -
Government Coordinator: Judy Skeie-Voss, Government Coordinator, reported on
activities over the past su� months. The election coverage in November was very
successful; South St. Pau1 city elections will be covered in April. The South St. PauUInver
Crrove Heights Chamber of Commerce will provide candidate forums. The S-VHS decks
are in place in all the city halls and viewers should see an improvement in replays. The
Government Programming Committee is considering purchase of character generators for
Page - �
NDC4 Commisslon Meeting
February 1, 1995
UNAPPROVED
each of the city halls to be funded from NarrowcastYng monies. City L.ink Live continues
with the West St. Paul Fire Departcnent making excellent use of the time for their programs
and reports. Government tape entries will be made in the I1�iinnesota Community
Television Awards in March. A live call-in tax show will be produced in February;
coverage will be provided of a reception for the newly elected officials for the City of Inver
Grove Heights. Minnesota Govemment Access Produccrs aze meeting regularly to share
informadon and common concerns and resources. Presentations will be made to the cifies
soon regarding the potenfiial city news show. A question was raised on the ability of city
halls to use the bulletin boazd system. J. Miller responded that Amiga systems used by
other cable systems require different hardware that Continental does not cun�ently have. A
request was made to cover election retiuns regarding the District #197 school bond
referendum. R. Vitelli mentioned discussions he fiad with the new Superintendent who is
interested in having school boazd meetings taped at city hall council chambers.
Executive Director: J. Miller reported that the estimated 4th Quarter Franchise Fee
payments and subscriber numbers were included in hand-outs so the amount of money to
be returned to ttie member cities can be calculated. A request will be made to cities to
return the payments in order to fund the proposed news show. The money is needed to
produce the show in the beguuiing and provide seed money until sponsorships aze
established to further fund the show. -�
MACTA and the LMC are working together to propose legislation that will allow cities to
maintain control of rights of way and provide funding for public access in some fonn. A
lobbyuig effort is underway and cable commissions will likeiy be invited to participate
througt► financial contributions. J. Miller also noted that she has been elected to the
?VIACTA Boazd of Directors.
The 1994 financial audit is underway and final reports should �ie ready by the March
meeting.
12. Urtfinished Business: J. Ista inquired about the status of establishing an Employee
Service Award. Motion 2-1-95-13 to provide S50 after 5 years, 5100 after 10 years, and
5150 after 15 years of service to employees was made by J. Ista and seconded by J. Huber.
Discussion followed on whether the awazd would be in cash or by certificate. It was
pointed out that offering a day off &om work would translate into more money than the
proposed amounts and would not work well for some employees who find it difficult to
take tune off Chair Toiuville argued that it is not generally acceptable for cities to give
money as rewards to employees. It was counter-argued that NDC4 employees should not
be compared with govemment employees as they aze not compensated on a scale
comparable to government employees performing the sazne work, nor do they receive the
same job securiiy and benefits as government employees. .�fter further discussion, a
friendty amendment was made by 11�I. Sokol that the award be given as a gift or gift
certificate at the discretion of the Executive Director. The vote was taken and passed with
' J. Lagoo, G. Tourville, and R. Vitelli voting No.
Page - 5
NDC4 Commission Meeting
February 1, 1995
UNAPPROVED
�
Ghair Tourville noted that at the last meeting it was suggested that the Commission hold its
full meeiing every other month.', Motion Z-1-9S-14 to hold the full Commission meetings
the first Wednesday of every other month was made by J. OBrien and seconded by J. Ista.
R. Vitelli offered a friendty amendment to specify meetings be held in Febrw�y, Apiil,
June, Augus� October and December. Discussion followed in which it was agreed that
during the off months, the Executive Committee will meet to take caze of necessary
business. B. Crrogan reported that it may happen from tune to time that the Chair will need
to call special meetings because of requirements of the Franchise Ordinance. B. Grogan
also explained that the Execuirve Committce can conduct business on behalf of the
Comnvssion when the Commission does not meet, but at all times the Committee is subject
to the authority of the full Commission. The vote was taken and the morion cazried. The
full Commission will meet the first Wednesday at 7:Q0 p.m. every other month beginning
in February. i
Chair Touiville announced that the Execucive Director evaluation will be conducted shortly
and involve input from all Commissioners and NDCTV Board members.
The minimum funding amounts needed from the cities for the news show have been
calculated and will be distributed to the cities. In order to take advantage of the $5,000
grant offered by Continental, together the cities must contn�bute at least $15,OOQ.
13. New Business: No new busmess was brought up for discussion.
14. Adj.ournment: Mohon Z-1-9S-IS to adjourn the meeting was made by J. Huber, seconded
by L. Collins, and unanimously carried.
Respectfully submitted,
Jov A. Curtin
NDC4 Administrative Assistant
and Recording Secretary
Page - 6
"l
1JNA PPR O VED
Northern Dakota County Cable Communications Commission
Executive Committee Meeting
March 1, 1995
1. Call to O�der/Pledqe: The March 1, 1995 NDC4 meeting was called to order by Chair
Tourville at 7:00 p.m. The Pledge of Allegiance was recited
Executive Committee Members Present: Lucille Collins, John Huber, Jodelle Ista, George
Tourville, and Richard Vitelli. Other Conunissioners Present: Henry Hovey. Others
Present: Brian Grogan (NDC41ega1 counsel); Fran Zeuli (Continental Cablev�ision); and
Jodie Miller (sta�.
Chair Tourville restated the C;ommission's decision at its February meeting to hold fu11
Commission meetings every other monkh and Executive Committee I�teetings during the
off months in order to conduct necessary business.
2. Adopt Aqenda - Motion 3-�-95E-1 to adopt the Agenda as submitted was made by J.
Huber, seconded by R Vitelli, and unanimousty carried.
3. ARprove Claims The List of Claims for 2/2/95 - 3/1/95 was presenterl for approval, Chair
Tourville noted that the Executive Committee can approve onty budgeted items. Motion
3-1-45 -2 to approve the List of Claims for 2/2/!95 - 3/1/95 was made by R. Vitelli,
seconded by L. Collins, and unanimously carried.
4. Citizen Comments - Chair Tounrille announced that the teiephone lines will be open
during Executive Committee meetings so viewers may call in their cable-related questions
or comments.
5. Confinental Re�ort - F. Zeuli reported that Continental's Customer Senrice Guarantee plan
has received national coverage in newspapers and journals. The cable industry is
attempting to address the misperception that customer service in the industry is not good.
During the first month of the Service Guarantee, there were 4200 installations and seivice
calls in the NDC and St. Pau1 service areas. Of that number, 23 qualified to take
advantage of the Guarantee. Upon evaluating why these seivice calLs were not completed
within the prescribed time, it was discovered that the majority had to do with internal
mechanisms rather than because of a specific technician or installer.
NDC4 Executive Committee Meetlng �� UNAPPROVED
March 1, 1995 ;
Live feed and playback problems continue to be isolated and examined. F. Zeu1i
mentioned that specific problems experienced this week were partly due to a faulty audio
cable in Master Conirol and "maintenance" problems on the lines canying live signals from
city halls and the NDCTV Studio to Continental's head-end.
J. Miller distributed the first draft of a form to be used by Continental for reporting
customer service statistics based on FCC standards adopted by the Commission. It is
envisioned the report would be prepared and submitted to the Commission on a quarterly
basis. The Commission was asked to review the form and provide comments to J. Ivliller
at the April meeting. Commissioners breifly discussed the form and Chair Tourville
suggested adding an appropriate title, as well as including a column for 4th quarter
averages. ,
The telephone call log will be updated for review by Continental and NDC� in the neaz
future. J. Miller noted that in discussion with Cheryl Smith, Continental Customer Serivice
Manager she learned that approximately 15 Continental employees take an average of
30,000 calls per month which translates into approximateiy 125 calls per person per day.
J. Miller has asked Continental personnel to provide an anaiysis of subscriber growth over
the past year and projected growth over the next 12 months. F. Zeuli agreed to have this
information by the A�ml Commission meeting.
F. Zeuli commented that he has no problem with modifications to the FM Radio service
variance that was passed at the March meeting by the full Commission. It is hoped the
service will be available to NDC customers within the ne�ct 60 - 90 days. Chair Tourville
noted that Continental had always intended to provide 30 channels with the Music Choice
service and the 25 channels mentioned in the lebter distributed at the last meeiing was a
typographical error. � , ^l
Chair Tourville questioned why Home Shopping Channel revenues had decreased
substantialty in December. F. Zeu1i responded that he believed the figures may represent a
correction from a previous month, but he will substantiate the reason(s) for the decrease
and report back to the Commission.
Chair Tourville stated that despite the new Commission meeting schedule, it is anticipated
that Continental representative will appear at all Commission meetings including the
Executive Committee meetings.
fi. Staff Report - J. Miller reported that she met with the auditors on Monday, February 27th
for the exit interview concerning the 1994 financial audi� Preliminary reports indicate that
the audit went very smoothty and the record-keeping process is very clean. Revenues over
expenses for both NDC4 and NDC`TV ended up better than budgeted. Most of the
savings can be attnwbuted to not filling vacant staff positions.
Page - 2
NDC4 Executive Committee Meeting UNAPPROVED
March 1, 1995
It is important at this time to contact Senator Nietzen to encourage him to support
legislation protecting cities control over their rights of way and proper compensation for
use of their rights of way as it may pertain to future providers of telecommunications
services.
B. Grogan (legal counsel) regorted that on the federallevel, a bill has been introduced that
would open competition among all providers of communicatioris services. Debate will
ensue on whether to retain regulation of the cable and telephone industries. It is anticipated
action will be taken on the legislation by September, 1995.
J. vliller noted that some cities aze passing ordinances that identify their authority to deal
with public rights of way within their respective jurisdictions. A model ordinance is heing
prepared by MACTA, LMC, and the Suburban Rate Authority and w�l be distributed to
cities.
J. Miller reported that the Citivision Letter of flgreement has been approved by four cides
to date. Those cities that need yet to take acdon on the ordinance aze Mendota, Mendota
Heights, and Susifish Lake. Requested funding for the news show has been supported by
four cities: Inver Grove Heights, Litydale, South S� Paul, and Sunfish Lake. In order to
take a�vantage of a�5,000 grant from Continental, �1DC4 must raise $15,40U toward the
news show effort. J. Miller and other Committee members are available to answer city
counc� questions and concerns.
J. Miller reported that recentty the NDCTV staff and volunteers had the opportunity to
tape the f�rst Girls State Hockey Tournament which was covered exclusively by �tDCTV.
Copies of the tapes will be made available for sale.
R. Vitelli inquired about a series of technical and other problems experienced during a city
council meecing being shown live on 1Lionday night. J. Miller responded that as F. Zeuli
previously stated, these problems and a multitude of others experienced the same evenin�
on different access channeLs aze being jointly investigated by the staffs of both Continental
and NDC4/NDCTV.
7. Unfinished Business: No unfinished business was brought up for discussion.
8. New Business: l�iembers of the Executive Committee discussed holding their meetingg at
an earlier fiime on the months they are scheduled. Ai�er brief discussion it was agreed to
hold Executive Committee meetings at 5:30 p.m. and keep the regular meeting time for full
Comnvssion meetings at 7:Q0 p.m.
R. Vitelli inquired about the need for legal counsel to be present at Executive Committee
meetings. Chair Tourville explained that legal counsel will attend meetings as requested by
the Executive Director and Chair.
Page - 3
NDC4 Executive Commlttee Meeting � UNAPPROVED
March 1 � 1995
I
9. Adjournment: lafo�ioa 3-1-9SE�3 to adjourn the meeting was made by R. Vitelli, seconderi
by J. Huber, and unanimously carried.
Respectfully submitted, ''�
Joy A. Curan
NDC4 Administrative Assistant
and Recording Secretary
Pate - 4
0
Mendota Heights Police Department
MEMORANDUM
March 23, 1995
TO: Mayor
City Council �
City Administ at
FROM: Dennis J. Delmon��
Chief of Police
Subject: Appointment of New Police Officer
�ntroduction
Council approved the addition of a police officer in the 1995 budget. The
selection and testing process has been completed and we are recommending that
Lee Ellsworth Flandrich, Jr. be appointed to that position.
Historv
We have been involved in a lengthy selection process to select an officer for
the position previously approved by the City Council. We recently set a
department record for 100 hours of overtime to pay officers who have had to
fill in on shifts where we are short. The primary reason for the problem is
the extended disability of Officer Roger Plath. The new officer was
originally intended to augment the police department, but the need has now
become for an officer to fill an existing position, rather than a new one.
Discussion
Mr. Flandrich has successfully gone through our exte�ive process and has
recently completed the last elements, which included a physical and
psychological examination. Lee is 24 years of age and is presently a police
officer is Chisago City, Minnesota. He and his wife both have roots in the
metropolitan area and he would very much like to return.
Mr. Flandrich is familiar with the Mendota Heights Police Department, the city
of Mendota Heights, and Dakota County. The results of his background
investigation and the several interviews we have held have been very positive.
The members of the department who participated in the selection process feel
that Officer Flandrich will fit in well with the community and the department.
Recommendation
That Council approve the hiring of Lee Ellsworth Flandrich, Jr. as a
probationary Mendota Heights police officer as soon as notice to his present
department w'ill allow. Permanent appointment will be contingent upon the
successful completion of the one year probationary period.
CITY OF MENDOTA HEIGHTS
MEMO
. March 29, 1995
To: Mayor, City Coulncil, and City Administ
From: Fire Marshal Paul Kaiser ,�/�J�
Subect: Adoption of Special Fire Suppression Chapter
Introduction
In 1985 the City of Mendota Heights adopted the Special Fire
Suppression Chapter of the NIl�T Uniform Building Code (UBC). Since
this is an optional chapter it must be re-adopted at the local
level when a new Building Code is adopted at State level.
Discussion
There is no change in the Code language that has been in
effect since 1985. The only change in the Code is the re-numbering
of the statutory references (Chapter and Rule numbers) from the
1988 Uniform Building �Code to the current Building Code. An
ordinance to amend the existing city ordinance is attached. The
only difference between the attached amending ordinance and the
original is the change in statute chapter and rule numbers.
Recommendation
I recommend that Council adopt the attached amending ordinance
to keep the Special Fire Suppression Chapter of the UBC in effect
for the benefit of the Community, the Fire �ervice, and the
Building owners.
Action Required
If the Council wishes to implement the staff recommendation a
motion should be made to adopt the attached ordinance, which amends
Ordinance No.242 (codified as Ordinance No. 504) in its entirety.
CITY OF �MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ANCE NO.
AN'ORDINANCE AMENDING ORDINANCE NO. 242
(Codified as Ordinance No. 504)
The City Council of the City of Mendota. Heights, Minnesota, hereby ordains as follows:
SECTTON 1.
Ordinance No. 242 (Codified as Ordinance No. 504), "AN ORDINANCE ADOPTING
SPECIAL FIRE SUPPRESSION SYSTEMS CHAPTER OF MINNESOTA STATE UNIFORM
BiJILDING CODE," is hereby amended in its entirety, so that as amended it shall read as
follows:
SECTION 1. ADOPTION OF SPECIAL FIRE SUPPRESSION SYSTEMS CHAPTER
The City of Mendota. Heights hereby adopts by reference optional Chapter 1306.0100 of the
1995 Minnesota State Uniform Building Code, Special Fire Suppression Systems, exercising
option Item 8, Group B-2, 2,000 or more gross square feet. One copy of Chapter 1306.0100 is
filed for reference and inspection in the office of the City Clerk. Every provision contained in
said Chapter is hereby adopted and made a part of this ordinance as if fully set forth herein.
SECTION 2. IMPLEMENTATION AND ENFORCEMENT
2.1 The City of Mendota Heights shall implement and enfo�e Chapter 1306.0100 of the
Minnesota State Uniform Building Code within the territorial limits of the City of
Mendota Heights.
2.2 The Code Enforcement Officer appointed by the City Council is hereby authorized to
carry out the implementation and enforcement of the provisions of Chapter 1306.0100
and to delegate authority thereunder to any of his subordinates appointed as such by the
City Council.
2.3 Right of Entry. Upon presentation of proper credentials, the Code Enforcement Officer
or his duly authorized representatives may enter at any reasonable time any building
structure, or premises in the City to perform the duties imposed upon him by Chapter
1306.0100.
SECTiON 3. VI4LATI4NS A.�ND PENALTIES
r •
Any persan, firm or carporatiori violating any af the pravisions of this ordinance shall,
upan convictian thereof, be fined a sum nat to exceed $700.00 or shall be imprisoned for
a period not to exceed ninety {90} days, vr by bath such fine and imprisonment, plus the
costs of prosecution in any case. Each day such violatian is commntted or perinitted to
continue shall canstitute a separate offense and shall be punishable as such hereunder.
SECTION 2. EFFECTIVENESS
This Ordinance shall be in iull force and effect from and after its publication according to law.
Enacted and ordained into an Ordinance this Fourth da.y of April, 1995.
CIT`Y' QF 14�NDQTA HEIGHTS
:�
ATTEST:
Charles E. Mertensotto
Mayor
�1
Katiileen M. Swanson
City Clerk
CITY OF MENDOTA HEIGHTS �
�� �
March 29, 1995 -
TO: Mayor, City Council and City Ad '
FROM: 7ames E. Danie
Public Works D'
SUBJECT: St. Thomas Academy Roger's Lake Boat Use Request
DISCUSSION:
Attached is a request from Mr. Joe Reymann, Environmental Studies Class instructor,
to once again have the City grant St. Thomas Academy a variance and allow his class to
operate a motorized boat on Roger's Lake for the purpose of obtai�ing samples to continue
their lake studies.
RECOMMENDATION:
I recommend that the City Council grant the St. Thomas Academy Environmental
Studies class a variance to allow them to operate a motorized pontoon on Roger's Lake for the
purpose of conducting tests and obtaining samples to continue their lake quality studies. The
variance would be granted subject to the times established withi.n the� March 20, 19951etter
of request and the class presenting a report to the Ciry Council on the results of their study.
ACTION REOUIRED:
If Council desires to implement the recommendation, they should pass a motion
approving a variance allowing St. Thomas Academy to operate a motorized pontaon on
Roger's Lake for the purpose of conducting tests and obtaining lake samples subject to the time
and dates called out in their March 20, 19951etter and subject to the class presenting the
results of the tests to the City Council.
JFD:dfw
Ta: M�ndota Heights CitY Gc�ur�cil
Fram: Jae P.eymar�n
The purpose af this letter is ta request a�ariar�ce from the ldw
prc�hibitin� mators an baats on Ragers Lake sa th�t we ma�• build upan
thF data ��� ot�#a i ned =cnd r�ec�r� t 1 y� prEser� ted ta yau at � Gou�i� i 1
hleeting. We wauld like tc� ��pear befare the Council an an dr�nual basis
and present the results af our cumul�tiUe records as the�y ar�
q�thered. Our spring presentatian �ould then include� fall and 4�rinc�
data and wauld giUe us thE cambined appartunity ta see wha# chanqes
are accurr i'ng an a year 1�• bas i s!
The timEs we wauld t�e an thE laKe in the baat wauld be canfined
ta th� hours be�tween one ar�d three dur i nG the t ime frorr� t�l�y 8
thrauqh May �2. We will anly hawe class euery o#her day; we ha�e not
set the faurth quarter calendar sa I am unable to gi�e you the
specific days. Hc�wewer, it wilt he �s in our preuiaus request - thrEE
daY4 anE v,�Eek 'f0� � 44tiIECI t�;r tt��C daYs the nE�: t ar�d sa 4r� ! hJc�t al 1 af
the4e days wau 1 d we bE ar� �he 1 a{:e - wEather and scne�du 1 Es wc,u 1� al t�r
c�ur pl �ns.
I a�prec i ate ycwr cc�r�s i der�t i�r� of th i s �ropa=_•al ar�d am ��► i 1 1 i n a
tc� pr•a�� i de you wi th any �ddi t i �n�l i nfarmat i c�n tr�at yau �l�c�u 1 d r•eq�� i r•e .
t�1�r•ch 2G , 1 �'�5
CITY OF MENDOTA HEIGHTS
�� �
March 29, 1995
TO: Mayor, City Council and City A' s
FROM: James E. Danie
Public Works D' t
SUBJECT: Swanson's 2nd Addition
Petition for Improvements
DISCUSSION•
Mr. Dave Bjorklund, who received preliminary plat approval at the March 7, 1995
City Council meeting for his Swanson's 2nd Addition plat, has submitted the attached petition
for public improvements. Ms. Mary Rolf, who is the adjoining neighbor to the south and will
also benefit by the extension of these improvements, has also signed the petition. Mr.
Bjorklund has submitted the request in advance of completion of his final plat in order to
expedite the process. He has paid an $1,050 escrow per City Policy to cover the staff costs
incurred for preparing the feasibility report, should the project not go forward.
Mr. Bjorklund is currently preparing his fmal plat along with completing the other
conditions of its approval for consideration by Council at an upcomi�rg meeting.
RECOMMENDATION:
I recommend the City Council accept Mr. Bjorklund's getition for public
improvements and order staff to prepare the appropriate feasibility study.
ACTION REQUIRED•
If Council desire to implement the recommendation they should pass a motion adopting
Resolution No. 95-_,RFSOLUTION ACCEPTING PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR SAI�TITARY SEWER,
WATF.RMAnvS, STORM SEWER AND STREET IlVIPROVIIVIENTS TO SERVE
SWANSON'S 2ND ADDITION (IlVIPROVEMENT NO. 95, PROJECT NO. 2)
JED:dfw
City of Mendota Heights
Dakota County, Minnesota
RFSOLUTION NO. 95-
RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF
FEASIBILITY REPORT FOR SAIVITARY SEWER, WATFRMAnvS,
STORM SEWER AND STREET IlVIPROVEMENTS
TO SERVE SWANSON'S 2ND ADDITION
(IlVIPROVIIVIENT NO. 95, PROJECT NO. 2)
WHEREAS, a petition has been filed with the City Council requesting sanitary sewer,
watermains, storm sewer and street improvements to serve Swanson's 2nd Addition.
NOW THEREFORE, IT IS HEREBY RFSOLVED 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 4th da.y of April, 1995.
CITY COUNCIL -�
CITY OF MENDOTA HIIGHT5
�: �
ATTEST:
Kathleen M. Swanson
City Clerk
Charles E. Mertensotto, Mayor
J
100% PETITION FOR IMPROVIIVIENTS A1�TD WAIVER OF HEARING
FOR SAIVITARY SEWER, WATERMAIN5, STORM SEWER
. AND STREET IlVIPROVF•1V�NTS
We, the undersigned, being the owners of all of the real property abutting upon the
following street, alley, or public way between the points indicated:
Swanson's 2nd Addition
and
5outh 190 feet of N 899.5 feet of East 684.98 feet of NE 1/4 -
Section 27, Township 28 North, Range 23 West
,
Whereby petition the City Council of Mendota Heights, Minnesota, to undertake without a
public hearing under Minnesota Sta.tutes, Section 429.031, the following improvements along
said street, alley or public way or with in:
The construction of an extension to the City's sanitary sewer and water distribution
system, storm sewer system and street improvements including appurtenances and
incidentals thereto, and the acquisition of easements, and the reconstruction where
necessary of streets and easements in the above described area.
and to assess costs, as determined by the Mendota. Heights City Council together with aay
costs for service connections thereof against our properiy abutting said improvements based on
benefits received without regard to cash valuation.
Si�nature of Owners* Address Date
1. �' r-�dZw-s-�1��s ��� o���
�� �c ;;-���� K� ��., n� 3 - zy -9 �
ss�
2. ���--�,1� �. _ �
3.
4.
i�� i t�x�,�c�� r�� 3- 7�-95
h Fs�� Ni�. , t-EN 551 tS
*Property owned in joint tenancy should be signed by each owner.
LEGAL DESCRIPTION OF ALL ABUTTING PROPERTY:
Swanson's 2nd Addition and South 190 feet of N 899.5 feet of East 684.98 feet of NE 1/4
Section 27, Township 28 North, Range 23 West
I hereby certify that I have examined the above petition and appropriate real estate records and
fmd that said petition is in proper form and is signed by all the owners of property abutting
said improvements.
WITNPSS my hand as such Clerk and the said of said City this
19
(SEAL)
day of
Kathleen M. Swanson, City Clerk
CITY OF MENDOTA HgIGHTS
�� •
Ma.rch 30, 1995
TO: Mayor and City Council
FROM: Tom Lawell, City Adminis -
SIIBJECT: NIl�T Emerging Communications Services Act of 1995
DISCIISSION
Ms. Jodie Miller, Executive Director of NDC4, recently
contacted the City to ask for our support of leg•islation
currently ma.king its way through committee at the State Capitol.
The legislation, known as the "Minnesota Emerging Communications
Services Act of 1995", is being supported by the League of
Minnesota Cities and the Minnesota Association of Cable
Television Administrators (MACTA).
Cities are being asked to consider adoption of a Resolution
in support of the bill (see attached) and a funding request to
support the lobbying efforts. Based on a suggested $.05 per
capita rate, the funding request would amount to approximately
$500.00 for Mendota Heights. For the entire area covered by
NDC4, the funding request totals approxima.tely $3,750.00. The
NDC4 Cable Commission will be considering the funding request at
its April 5th meeting to determine whether or not they are
willing to financially support the lobbying effort.
Copies of the proposed legislation, along with supporting
documents which help explain its intent and impact, are attached.
In summary, the bill is intended to address thel following
concerns:
1. Expanded use of public rights of way by companies
delivering telecommunication services will create
increasing demands and costs for cities.
2. Development of local information infrastructure to
connect public institutions and businesses is crucial
to support cities' future economic development efforts.
3. Current funding and channel capacity for public,
education, and governments access is threatened by the
possibility of new providers being given competitive
advantages over existing operators.
4. Companies may "redline" or design service territories
to avoid certain areas with lower profit potential,
resulting in obvious competitive and communications
disadvantages for these communities.
RECONIl�ENDATION
The draft legislation is supported by the League, MACTA and
NDC4 and I recommend the adoption of the attached RESOLIITION
SIIPPORTING PASSAGL OF THis "MINNESOTA EMERGING COD�iIINICAT20NS
SERVICES ACT OF 1995". Regarding the requested $500 expenditure
to support lobbying efforts associated with the bi11,�2 recommend
that we defer action on this payment until NDC4 has had a chance
to determine whether or not it intends to make the expenditure on
behalf of their entire service area. �
ACTION REQIIIRED
Should Council concur with the recommendation, a motion
should be made to adopt the attached Resolution No. 95-
RF�SOLIITION SIIPPORTING PASSAGE OF THE "MINNrsSOTA Ei►�RGING
CObmiIINICATIONS SERVICLS ACT OF 1995". Staff should be directed
to mail copies of the adopted Resolution to our area legislators
and to notify NDC4 staff of our decision to defer action author-
izing the requested $500 expenditure pending NDC4's consideration
of the funding request on behalf of the entire NDC4 cable service
area.
- l
NORTHERN DAKOTA COUNTY CABLE
COMMUNICF,TIONS i OMMISSiGiV
, � 5845 Blaine Avenue v`
'�nver Grove Heiphts, 1�1i�nesora � �'=10":
h�'2/450-�891 =,�?C o12r'�50-q4�; �i.v ��i �. �;,2-=�;,~
ACTION ALERT
TO: City Administrators, Mayors, and Public Works Directors .
NDC4 Member Cities
FROM:
DATE :
Jodie M. Miller, NDC4
March 22, 1995
Executive Direct r
Enclosed is a state legislative update on the telecommunications bill supported by the
League of MN Cities and MACTA. If you have not already done so, it is important
for your council to approve the resolution supporting the "Minnesota Emerging
Communications Services Act of 1995" ( S. F. 568 and H. F. 857 ) and to notify your
Minnesota representatives of your support as soon as possible. It would be
especially helpful for individuals to make contacts with le�islators even before vour
counral is able to take formal action on behalf of the citv.
The League has made telecommunications a top priority for this legislative session
for a number of reasons : 1) Expanding use of public rights of way by companies
delivering telecommunications services will create increasing demands and costs for
cities. 2) Development of local information infrastructure to connect public
institutions and businesses is crucial to successful economic development for cities .
3) Current funding and channel capacity for public, education, and government
access is threatened by the possibility of new providers being given competitive
advantages over existing operators . 4) Companies may "redline, " or design service
territories that avoid less affluent areas, cities, or neighborhoods with lower "profit
potential," resulting in obvious competitive and communications disadvantages for
these communities .
_�
This bill provides cities with essential authority to manage public property and with
needed compensation from private companies to offset costs and provide public
access at the local level. If this bill dces not pass, cities have a lot to lose -- not
only the status quo, but the enormous potential for absolutely appropriate municipal
involvement in the building of this nation's future telecommunications system .
The sample resolution (copy enclosed) was sent to cities by the League with a letter
dated February 22, 1995. The letter also solicited contributions to help defray the
costs of researching, writing, and presenting this legislation in the MN Senate and
House. The NDC4 Cable Commission will consider the request for funding at its
Apri15 meeting. The League and MACTA have asked for donations of approximately
$.05 per capita. With the population of this seven-city area at approximately 75, 000,
the League and MACTA are asking for $3, 750 from this group. The cable commission
is certainly not able to make a contribution of this size, but individual cities may
wish to discuss making smaller individual donations as you deem appropriate.
Also enclosed is a copy of Draft 7 of the Bill itself, and an article by League of MN
Cities staff person Ann Higgins, who has been working full time on this bill at the
legislature.
CITY OF b�TDOTA SgIGHTS
DAROTA COIINTY, MINNESOTA
RESOLIITION NO. 95-
RESOLIITION SIIPPORTING PASSAGE OF THE "MINNESOTA �RGING
COb�iUNICATIONS SLRVICFS ACT OF 1995"
�SEREAS, the City of Mendota Heights is responsible for
monitoring the operation and activities of cable communications in
the City; and
�TS$REAS, the City provides coordination of administration and
enforcement of the cable franchise; promotes the development of
locally produced cable television programming; and conducts such
other activities to ensure equitable and reasonable rates and
service levels for the citizens of the City; and
WHEREAS, it is the intent of the cable franchise to ensure the
development and continued operation of a cable communications
system so that the City may achieve better utilization and
improvement of public services and contribute significantly to the
communication needs of its residents; and
WHF3REAS, in pursuit of these goals the City has granted to
private interests the use of Public Property and Public Rights-of-
Way.
NOW THEREFORE BE IT RESOLVED that the City Council of the City
of Mendota Heights endorses the "Minnesota Emerging Communications
Services Act of 1995" and encourages its adoption by the Minnesota
State Legislature for the following reasons:
FINDINGS
'" 1
1. Public Property and Public Rights-of-Way are valuable
public assets and Local Authorities are entitled to
ensure that the public is benefitted, compensated,
protected and able to access and share in the use of any
Emerging Communications Services that makes use of those
Public Rights-of-Way by a private for profit provider.
2. There is a wide range of Persons seeking to use Public
Property and the Public Rights-of-Way to deliver video,
voice and data services and all such Persons should be
treated similarly by State and Local Authorities.
3. Existing state statutes do not adequately address these
Emerging Communications Services.
4. Local Authorities are well equipped to analyze and
implement the needs and interests of the local
citizen/consumer, and protect taxpayers' investment in
Public Property and Public Rights-of-Way.
�
CONCLIISION
The City concludes that Local Authorities must have the �
authority to require Emerging Communications Services
utilizing Public Proper.ty and Public Rights-of-Way to:
1. Obtain permits and comply with minimum state standards
and existing local standards for use of Public Property
and Public Rights-of-Way. _
2. Prohibit redlining and uphold nondiscrimination
standards.
3. Oversee the design of local communications infrastructure
to ensure the meeting of community needs which includes
ensuring that a portion of the public.capacity being
delivered on a city, county and school district specific
basis as determined by Local Authorities.
4. Allow Local Authorities to receive compensation for use
of Public Property�and Public Rights-of-Way.
The City further concludes that existing local authority must
be implemented with local permitting authority which:
1. Enforce compliance with financial, technical, legal and
connectivity standards.
2. Authorizes local collection of fees to compensate Local
Authorities for both the use of and decrease in the value
of Public Property and Pubic Rights-of-Way as a result of
the construction of and occupancy by Emerging
Communications Services.
3. Assures del-ivery of Emerging Communications Services to
Local Authorities and School Districts.
Adopted by the City Council of the City of Mendota Heights this 4th
day of April, 1995
ATTEST
Kathleen M. Swanson
City Clerk
�
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
2
3
4
S
b
7
8
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� _� cJ � ��1�7'' �•
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A bi11 for an act _
relating to Porsons who provide Em�rging Cvmmuni�atians Services; =
encouraging th� development and proliferatian a�f Emerg�ing Cammunications
Services in the State af Minnesota; err�powerin� Local Authorities to control
the ruse of Public Properiy and Pub1iG Rights-of-Way by communications
providers; propc�sing coding for new law as Minnesota Statutes, Chapter 23?A.
13E IT BNACTEU BY THE LEGISLATURE UF TI�"s STATE C�F �Mil�INFSOTA:
Scction 1. [237A.Q1� [SHORT TITI E.]
_�l.� : �+_ .- •_• :• r u � .+ : � . • •r�lt .�+l•�. _• .
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2 Subdivision 1. (APPLICATION.] The de,finitio s in this s�etion apply to thi statute
3 �37A,
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17 Sub ivisi n 6• [PLAIN OLD CABLE SERVICE, "POCS".] "Plain Old Cabl�
.
: �t_ _' �� - : � • . �_. � ' �� • 1 � - �_• � _ 1 � I � ! _'. C• ! :� � :� • C
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11 ��,ibdivision 9. [PUBLIC UTILITIES COMMISSION, "PUC".] "�b i tilit� 4
12 �ommiss�on" mea�ns, �hQ Minne�co_� Public iTti�lties Cornmi�s'ion
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16 Seciion 4. [AUTHORITY FC?R USE QF PUBLIC PROPERTY AND PUBLIC RIGHTS-
17 C}F-WAY TO PR4VIDE �MER�INf.� C014iMLTNIGATIQNS SERVICFS.]
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Propa►rod joiacty by the 1Aw firros of Fredrikaon & Byrop aad Hornick and Lifaon
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Prap�red jolady by �ha lew �irm� of Fredcik.sou tk Bymn and BerniCk aud Lifaon
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Section 6. [237A.Q7] [PUBLTC SPACE.]
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387313 - Maroh �, 1995 - Pege t 1
Propared joiacty by tke 2aw fir�tt: of Predrika�n &�yran �ad Baruicic u►d Lifaan
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387313 - Much 2, 1995 - Pase i2
� Pteparad jotntlr by the Iaw firma of Frodriksan dt Byron aud Beraick aad Lifjon
ST '.� Of_ :�. i r[c r•� •.-.
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E Scctian 7. [237A.08] jVIOLATION.]
� A�y Persan ela {�g th'Q A�„� ct sh�ll be �j,�,�y of a g 4rs�_�m_i�emeanor._ _ Anv t�m of -
� iinpn m413�,�II7t2t�'�5�..�1' any�c�lation b�a corr2�rati n ch 11 be �rv+,�by th_c �zior
5- rr.sident o icer of �� ca.��,on. �
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3873i3 - M�ch 2, 1995 - Paja 13
Prtepared joiatty by tho Zaw firm� of Frodrik:oa � Byma sud Bctniok �ad I.if�oa
League of Minnesota Cities
March 23, 1995
ACTION ALERT:
3490 Lexington Avenue North �
St. Paul, MN 55126-8044 �
TO: Mayar, Manager, Clerk
FROM: Ann IIig�ins, IGR Representative
RE: Public Access and Control of Local Rights-of-Way at stake .
Before Monday. March 27, citv oF�cials must contact local legisiators wha serve on
th� House Re�utated tndus�ries Committeg ta urge them to support amendments to H.F. 620,
the telephone dereguIation bill, to address the need for public access to new communications
services and to ensure Ic�cal authority to contrnl use of streets, alleys and public pr�perty by
phone companies and other cammercial telecommunications service providers.
The House Regulated Industries Committee is schcdulcd to consider H.F. 62Q {Olsan},
on Monday, at 10:00 a.m. The League and thc Minncsota Associatian of Community
Telecommunic:ati�ns Administrators (MACTA) are sttpporting changes to the bill which will:
* define public rights-of-way;
* update langvage and make it clear that cities have aucliority to require telecommunications
providers to obtain permits in order to control use af public property and rights-of-way;
* autharize permit fees to cover at;tual costs of permitting as well as exQenses asso�iated
with monitoring compliance and costs to cities from the loss of value of rights-af-way or
public property as a result of installation or continued occupancy;
�` reyuire public space, spectrum or eharinel eapacity, services or technology to be reserved
free af charse in order to provide public, educational, informational, culturat, civic, or
charitablc services without cost to the public;
* direct the Minnesota Department of Pubtic Service (DPS) to report to the state legislature
by January 1, 1996, how to ensure public access to locat government and other public
access programming an technologies such as vidca dialtone and satellite transmission in a
maruier equivllent to requirements carried out by cable companies under terms of local
franchise agreements (as mandated by M.S. 238);
* direct the DPS to study fees and relateci compensation cities may assess and receive from
utilities and cable companies and to develog rccoa�mendations by January 1, I996, for
AN �faUAL UYl'UN:I'UNl'PYIAYFIRi�IATIVF. AC;TION EMPLUYr:l'i
(612)490-5600 1-800-926�1122 plasyourcitycode 1'DD (612j 49Q-9038 Fax(612) 490-4072
i0',d T TO' oN_ 8S_� bT _.___S6. �.z.....��W_..._......_..._---....__._ZZ00-06b.=Zi9.�_�3-1---._.._S,3_IlI�...NW.. �0__�f19d3�...--
state pplicy regarcling thc purposes, amount and uses for which these fees and related
cc�mgensat[an n�ay be assessed by and paid to citics;
* proliihit ceIecammurticatic�ns cartipanies from using pubtic rigl�ts-of-w�y to affer video
signals �r programming to laeal subscribe�s in competitic�n with local ea�ile eonlpanies
untit� th� 's6 legislature consiciers recouu�mmendations from the Dcpartment of Public
Service to ensure public acccss and tIie matter of %es ancl related comgensation which
citi�s charge to anct are paid by uti2iti�s and eabie co3��panies €nr use af �ubiic rights-c�f-way;
* bar telecommunications prc�viders other than cxbl� com�a�nies from �ffering videa
pr�grarnming or signals to subscribers without providing th� same level oE support fqr
�ubtic, educaEiartal anci government access an�i prc�gramming- provided by cable franchise
operators;
* authc�rize cities, townships and counties to charge up to five percent af gross revenues
derived frc�m cielivery of new communications services to su%scribers c�r a iinear focst
charge for undcrground transmission ;ines or condurt in th� public rights-of-way;
* establish additional anti-discrimination standards, lIIC1Ud1I1�:
- ensur� that services a[e availablc to the br�adest range of subscribers
without regatd to incame or Iacation (anti-redIining};
- require services to be provided to ici�ntified ciiscretc con�munities
within the city, township, school district or county;
- rcquire ogen access to the communications infrastructure throu,�h
develapment af a"seamless web" af service delivery systems;
• protiibit secvice praviders from unnecessarily duplicating equipment
Ur facilitics. ��
See list of tncmbcrs. If your legislatar is listed, �Iease cail him or her immediately or arrange to
talk with thein over the weekend. If your legislator is not a metnber of the committee, call to
ask that helshe contaet eommicte� menibers abouc our c�ncerns.
Members of �iottse Reguiated Yn�lustrtcs Canmittee
Clia�r: Stevc Trimbte (Dist. G7D) 485 State Uftice Bldg.
Vice Chair. Steve Kelley(Dist. 44A} 417 State Of�ce Bldg.
13ob Anderson {I}ist. 1QA) 43? State Office Btdg.
Mike Delmont (Dist. 51A} 575 State �f�ce B[cig,
Jerry Dempsey {Dist, 29A) 251 State df�ice Bidg,
Ron Erharclt {Dist. 42A) 237 State Oftice Bldg.
Alice i�ausman (Dist. 66B) 44g State �ffice Bldg.
Mark Halsten (Dist. S6A) 351 State Office Dldg.
2�6-4�33
296-3964
24fi-4946
296-4225
296-8G35
296-4363
2�}6-3824
29b-3018
ZO'd TtD'oN 6S�tri __......56_..��__���._..._._._. Z,ZQ0-06b-Z�9:..�31.._.._._.S�.I.II�__�?�_..�0__3(iJd3�_...._.
�
Tom I•iunticy (Dist. 6B)
I.c�rcil Jennings (Dist. i$B}
13ecky Kelso (Dist. 35B)
Mark Mahon {Dist: 40A)
Hdgar Olsan (Dist. 2B)
M�rk Olst�n {Dist. 19A}
Dcnrtis OZment (Dist. 37A)
Jisn'1`unheim {Dist. lA}
]3arb Vickerman (Dist. 23A)
Ken �oif (Dist. 41B)
Tom ,Workman (Dist. 43A}
�
-,
;
i
�
�
r
�Q'd TIO' �hl. _6S�bT _--..._5�...�.��._...�p�
S69 State Oftice Bldg.
S37 Scate t3f�ce Btdg.
415 State 4ffice Bldg.
401 Stat� Oftice Blctg.
565 State C)t'fice Bldg.
223 State C3fticc Btd�,
283 State (yfticc Bidg.
S49 State t3ffice Bidg.
211 State Office Bldg.
31� State Oftice $idg,
339 State� Ofticc Bldg.
_�
296-2228
29b-OS 18
296-1072
296-7158
29fi-4265
29b-4237
296-4306
29b-9b35
296-9303
246-51$S
296-5066
„ ,Z�00-06b-ZT9� ��l __. S3IlI� NW �0 �3f1Jd3�
r
►� ��`. `ties face u hill �i ht for on=ra�rnps to th�
�l P �
�� information superhighway�
COmmrt�
����
:� agcs,
��a
�nd
+suit�
�p�ntY.
7on
,�
�r
�d
ay
Ann Higgins
if actians by the Senata Jobs.
gnocgy and Community Devolopmenc
Committce ar� any indication, iegisia-
[ars eith�r aren't listening or don't care
abouc city coneams in the te3ccommu-
nications debate. Locat officials need to
convinca stats lawmakars that it is in
everyana`S inteTcst fo assnrt t�lat c"sties
and [he public bcnefit from the
dcpioyment of new advanced eke-
tronic information and communications
services.
Cities have made cheir concerns in
the issue cleac since the debatc began.
Any tegislative changes must altow
cities to:
• Manage and reeeive comgensatian
for the use of public property and
rights of way;
• Assure public access co emerging
commanications services;
• Maintain an equai piaying field for
local cable operators and providers
of campeting videa and other
services.
On March 9. the Senate committee
approvod S.F. 752 (Novak, DFL-New
Brighton}, which deals with a3t�rnative
regulation of teIephone companies, At
the same time, the committee failed to
address the larger issues af assuring
public access and praviding for local
information infrastruczure and services
that meet communiry needs. The bill
did not iz�ciuda requirements for
telephone companies to provide or
sugport public, $ovemment, or
edvcationaI access to new cammvnica-
cions services. There are no provisions
in the bili co maice it possibie for cities
to see co it that there is a local infarsna-
tian infrastructure to cannect public
insrirutions and businesses and make
maximurn use of naw technologies and
communications services.
Tha commictee did noc hear S,F.
568. (1. Johnson, DFL-Nor[F► Branch} a
League supporced bili which would
give cities the power co require
companies offering new elecuonic
inforntation artd vidca sarvices ta
provide access for public, goveramen�
arid educational gar�oses. Insuad, tire
commitcee aQproved an amendmenc
cailing for the deve}opment and
funding of a Universai Service Fssnd to
assure that all areas of the stace would
be abie to minimaliy abtain, touch tano
single-garty service, line quality
capable of carrying facsimite and data
transmissions, equal access, emergency
services nurnber capabiiitys SF2�SW2�C
telecammunications relay scrvicc for
the haaring-irngaised, and blocking of
2ong-distance toli scrvices.
The amandment, offered by
Senatar .€ohnson, wauid aiso require
the Minnesat�a Department of Public
Service co rccommead to the 1946
legislature how co pcovide con�ribu-
tions atad expendicures and which
additianal phone services shoutd be
included. Public Safecy wauid also
recommenri whether the fund shouid be
used to provide public access to lacal
governrnent and other programming,
and if so, how. Finally, che DPS would
decide whether the fund should be used
to encourage constnaction of locat
infrastructure to advanct services'and
wouid devetop a pian to encovra�e
such conscruccion and pravide for those
services. particuiariy in high-cost areas
of the s[ace.
The commictee aiso adopted an
ameridmenc directing the departrnent to
ensure chat emerging communications
technologies provide citixen access to
locat governmenc and ocher publie
access pro�ramming in a manner
equivalent to that required of cable
agerators under local franchise
agreements. The committee failed to
address �tte need for scate golicy
estabtishing a rieht for cities to c:harge
for the private use of public rights of
way by telephane campanies and atiier
profit-making businesses.
In the Hause, Representative Stevc
Trirnble (DFL-St. Paui), the naw
chairman a€ the Housa Rtgulated
Indusvies Committee, indicaced he
wansed ro c�cazniaa issucs related to
telaphone dereguladon and cha emer-
gence of new communicatians services.
The League has urged Rep. Trimbie to
hear H.F. 857 (Kahn), the comganian
ta S.F. 568, in arder io considcr these
issuss. QS
� Guide provides
I
� overview of j
I ��1QCU�rilrilllrilC.a�.1Qri5
Public Technology, Inc. has
avaiiabla A Guide to the €nforr^�-
tion Superhighway CD-R011
ihe CD-ROM is interactive
and provides users with an over-
view of teiecommunications issues.
applications, and technotogies.
The guide is designed for local
aovemment o�cials with an
interest in the National Inforrnacion
Infrastructure and combines video.
audio, and text-based data into a
leaming Kaol.
' It con[ains a gIossary of key
telecommunications cerms and
I concepts; results from a nadonal
5urvey on teiecommunicatians in
� Ie�cai governrnent; a bibtiagraphy
i of telecommunications related
( resaarces; and video and audio
� clips of leaders in che telecommuni-
� cations field, representatives from
i�he pubtic and privace sectors. and
� the directors of che national
�associacions.
� For more information ar to
� order cail (80t1} 745-878fl. ��"5
I
March 17, 1995 Page
.f
�
Lea�ue of Minnesota�Cities
�
i
February 22, 1995
Dear Colleague:
• .'. .. j: . • . .
'.', -:.:�.' ;%Y:i:`S: r�'. •�••
• =t, �•`' i •?i_ .•lt: ' ��' �,' .
•t:, •X�•,' S
�r .
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• .. • . . . �
•-•�• - �
- .. � .� � �
• ' `. .
. �MINN�SOTA iASSOCIATION OF'� • - •
CA,BLE TELEVJSION,:ApAIIINISTRATORS � �
. . . �:'. .. . . . •
Cities in Minnesota aze facing a crisis. Like municipalities across the country, they az�.
threatened with lbss of their authority to manage the public rights-of-way on behalf of their
•citizens as giant communications companies prepare for the 1990's version of the Land Rush.
In an effort to refain that authority, the League of Minnesota Cities (LMC) and the Minnesota
Association of Community Telecommunications Administrators (MACTA) are promoting
legislation that would: •
1. require an new telecommunications service to be subject to permitting requirements
for the use of public property and rights-of-way to deliver new communications services for
profit; •
2; require any new telecommunications service to compensate municipalities for the right
to use public rights-of-way to deliver new services for profit; .
3. require any new telecommuriications service to reserve capacity on its network for
public arid governmental use; and
4. prohibit redlining of service territories.
We believe that passage of this legislation is critically important for cities, and we urge you to
immediately contact your state senators and representatives to support S.F. 620. Companion
legislation soon will be introduced in the House. We have enclosed an overview of the bill. We
ha.ve��r�.incl�.t�.e.d�-d� resslu�i��-€�ppw.� i�.�approval by your city council as a follow-t�g
to yoi,u• contacts. The telephone industry in particular is lobbying hazd against this legislation,
and timing is critical, so please call your state legislators as soon as possible.
MACTA has led efforts on this important issue. While well worth the time and effort, this
project has been expensive. Therefore MACTA is asking for financial contributions from cities
and cable commissions to help fund both the reseazch and the campaign for this legislation. The
total cost of the project is expected to be close to $90,000. This includes everything from the
initial legal research of both state and federal rules and regulations pertaining to
telecommunications to the re-drafting that is necessary to respond to suggestions from interested
� -over-
parties, including public works directors, as well as industry groups. The suggested contribution
rate is 5 cents per capita. Cities that collect cable franchise fees may want to use these funds for
your contribution. Please rriake your checks payable to the League of Mirinesota Cities which
will serve as the depository for funds.
�; We appreciate your assistance and support.• Feel free to call Coralie Wilson from N�ACTA (482-
1261) if you have any questions about the project. Regulaz updates will. appeaz in T,MC and
MACTA publications.
Sincerely,
�� /��L��t,� .
Jim Miller, Executive Director Denny Kemp, President
LMC MACTA
I.
' � SUMMARY OF THE
� �17�iNF.SOTA EMERGING COMMiJ��ICATIONS ACT OF 1995
WHY WE T'EED NEW COMMLnVICATIONS LEGISLAT�ON
�
� •�
•
i
; �
Minnesota communica6ons policy has evolved over this century in direct
response to rapidly changing advances in the communications industry.
Current Minnesota statutes which govern communications services have
traditionally been associated with providers, as well as sen►ices. Statute
section 237 is associated with telephone companies and "plain old telephone
service" ("POTS ") and section 238 is associated with cable companies and
"plain old cable service" ("POCS"). As new services and technologies tfave
rapidly developed, traditional providers of either telephone or cable service
now have the ability to offer the services of the other. Moreover, telephone
and cable providers are now offering services which are not POTS or POCS.
New legislation is needed because of the new services which we refer to as •
"emerging communicadons services" provided by cable operators, telephone
companies and other companies. When telephone service and cable service
were new to Minnesota, appropriate legislation was enacted to regulate each of
those services. Now that we have emerging communications services, we
need a new statute section to encourage the development of emerging
communications services throughout the state, to assure the continued
regulation of current services and to protect the investment already made by
the public in current communications services.
New legislation will address all providers of emerging communications
services who utilize public property and public rights-of-way to construct,
operate, maintain, offer or deliver such services.
-�
II. � WHAT THE LEGISLATION SAYS
�
A. OVERVIEW
; • Creates a new statute Minn. Stat. § 237A, which will regulate
emerging communications services.
375539
• Applies only to services which are not regulated as "POTS" or "POCS"
under Minnesota Statutes sections 237 and 238 (both amended to
clearly delete all but "POTS" and "POCS "). The services governed by
the new statute section are called "emerging communications services."
-1-
• Requires Minnesota Public Utilities Commission ("PUC") to
promulgate uniform statewide standards and regulations to accomplish
the intent and policy of the Act.
• Allows municipalities, which are referred to as "local authorities," to
require and issue permits fmm providers.of emerging communications
services requiring them to comply with statewide minimum standards
and local requirements.
• Instructs local authorities to enforce PUC established construction and
safety standards, and customer service and technical standards.
• Grants a local authority the right to require a provider of emerging
communicadons services to serve the entire municipality and prohibit
"redlining" and/or "cherry picldng." -
• Permits local authorities to obtain compensation for the use of public
property or public rights-of-way �n to recover regulatory/permitting
costs.
• Allows local authorities to require the reservation of spaceluse on
emerging communications services for public use.
• Gives local authority the right to reserve "public space" on emerging
community services.
B. AUTHORITY FOR USE OF RIGHT OF WAY TO PROVIDE
EMERGIl`TG COMMUIVICATIONS SERVICES
1. Permitting authority.
_�
• Allows local authorities to obtain a permit from all persons
using public property or public rights-of-way for the purpose of
constructing, operating, maintaining, offering or delivering any
emerging communications services.
• Allows a local authority to act pursuant to its own authority or
with other political subdivisions.
• Grants a local authority the right to collect reasonable permit
fees to recoup the costs of regulation including expenses
associated with monitoring of permit compliance, costs
associated with enforcement of PUC regulations and any
375539 _ 2 _
375539 '
,
�
i
;
;
,
�
diminution of value of public propertX or public rights-of-way
which result from permitting. �
Compensation.for use of public property and public rights-of-way.
• Permits a local authority to collect compensation of up to 5
percent of the gross revenues derived directly or indirectly from
the delivery of emerging communications services to subscribers
in the local authority's area. � �
3. Public Space. � .
• Allows a local authority to require the reserva6on of up to 10
percent of the emerging communications services as public space
for public use. � �
• States that the reserved public space must be equivalent to the
highest technical quality of the remaining capacity of the
affected communications network.
• Creates a group of "eligible entities" including: government,
educational institutions, libraries, access non-profits.
4. PUC responsibilities.
• Requires that the PUC promulgate uniform state-wide standards
to:
- standardize the permitting procedure used by local
authorities and ensure uniformity throughout the State of
Minnesota; �l
- attain universality and interconnection between providers
of emerging communications services;
- provide uniform minimum construcdon and safety
standards;
- provide uniform minimum technical standards and
customer service standards;
-3-
require providers of emerging communications services
to have the capability to deliver services to identified
discrete communities within local authorities, school
districts and county boundaries; �
prohibit "redlining" or "cherry pichng" and failure to
provide service to certain subscribers; and
require providers to file written documentation (e.g.
location maps) with the PUC regarding the location of
wires, conduits or other equipment necessary for
constructing, operating, maintaining, offering or
delivering emerging communications services.
• Allows the PUC to collect .5 4b of the gross revenues derived
directly or ind'uectly from the delivery of emerging
communications services to subscribers in a local authority's
area to offset the cost of providing regulation.
-1
375539 . _ 4 _
�
i �
. CITY OF MENDOTA H�IGHTS
MEMO
,
� March 31,-1995
� _
T0: �� Mayor, City Council and City Administrator
' :�
FROM: Lawrence E. Shaughnessy, Jr., Treasurer ��
SUBJECT: Apsco Building Refinancing
DISCIISSION
,
In 1979, the City issued Industrial Revenue Bonds for the
construction of the original Big Wheel building on Mendota Heights
Road.� As originally is�ued by Mr. Richard Shaller, the bonds had
a balloon maturity which comes due in 1995. The IRS regulations
allow�that the maturity may be extended for up to five years. The
original bond issue was for $775,000, of which $350,000 remain in
the final ma.turity.
�
The proj ect owner and the holder of the note would like to
extend the maturity for five years as permitted by law. To do
this „ a resolution is needed by the City to approve the extension.
On other issues which have been refunded, the borrower agreed to
pay any City expense involved and the City has waived the expense
deposit of $2,500 provided the borrower agreed to pay the City
expenses. On the refunding issue, the City has charged the
borrower 1/2 of the IR fee required under Resolution No. 79-10.
The proposed extension is not technically a re�nding. One half
the normal fee on the issue would be $1,750.
ACTION RF4IIIRED
Adopted Resolution No. 95- , authorizing the extension of
the note, and determine the fee, if any, that the borrower should
pay and waive the expense escrow contingent on the borrower
agreeing to pay any City expenses.
CITY OF MENDOTA HEIGHTS
DAKOTA COIINTY, MINNESOTA
RESOLIITION NO. 95-
RESOLIITION APPROVING AN�NDN�NT TO TAX-EXFsMPT BOND
TSIS RESOLIITION, adopted by the City Council of the City of
Mendota Heights, Minnesota (the "City"), as of the day of
April, 1995. �
W I T N L S S L T H:
�HEREAS, the City previously issued its $775,000 Industrial
Development Revenue Bond (Richard B. Shaller Project - Apsco
Products Company, Lessee), No. R-1, dated January 31, 1980 (the
"Tax-Fxempt Bond") to Norwest Bank Minnesota, National Association,
formerly known as Northwestern National Bank of St. Paul (the
"Holder"); and
�PHEREAS, the proceeds of the Tax-Exempt Bond were loaned by
the City to Richard B. Shaller (the "Borrower"), pursuant to that
certain Loan Agreement dated as of January 31, 1980, by and between
the City and the Borrower (the "Loan Agreement"), to finance the
acquisition, construction and equipping of the "Project", as
defined in the Loan Agreement; and
WHEREAS, the City, the Borrower and the Holder desire to amend
the Tax-Exempt Bond as set forth in the Amendment No. 1 to Tax-
Exempt Bond attached hereto as Exhibit A(the "Amendment").
N04�, THERLFORE, BE IT RESOLVED that the Mayor and the City
Clerk of the City are hereby authorized and directed to execute and
deliver the Amendment for an on behalf of, and i3� the name of, the
City.
The undersigned hereby certifies that the foregoing resolution was
duly adopted by the City Council of the City of Mendota Heights,
Minnesota at a meeting of the City Council duly noticed and held on
April , 1995.
QI
ATTEST:
Kathleen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
�� WIN�"HRdP 8 WEINSTINE WINTHROP � WEINSTINE Page 5/6 Job 115 Mar-30 Thu 15:50 1995
�
CXHIB[T A
AMENDMENT NO. 1 TO TAX-EXEMP'T BOND
THIS AMLNDML-NT, made as of the day of Apri1, 1995, by and among the CITY OF
MENDOTA HEIGHTS, MINNESOTA, a political subdivision in the State of Minnesota (the
"City"), RICHARD B. SHALLER (the "Borrower"), and NORWFST BANK MINNESOTA,
NATtONAI. ASSOCIATiON, formerly known as Northwestem National Bank of St. Paul (thc
"I,ender").
WITNESSETH:
WHEREAS, the City previously issued its $775,000 Industrial Devel�pcnent Revenue Bond
(itichard B. Sha�ler Project - Apsco Product� Company, l,essee) dated January 31, 1980 (the
"Tax-Exempt Bond") to the I,ender; and
WHEREAS, the proceeds of the Tax-Ezempt Bortd were loaned by the City to the Borrowcr
pursuant to that certain Loan Agreement dat�d as of January 3l, 1980, by and betwe,�n the City
and the l3orrower (the "Loan Agretment"), to finance the acquisition, constructi�n and equipping
of che "Pr�jec�", as defined in the Loan Agreement; and
V�HLRLAS, the City, the Borrower and the Lender desire to amcnd diz Tax-Exempt Bond by
cxtcnding thc maturity date thereof for five (5) years as herein set forth.
NOW, THEI��OItE, in considention of the foregoing premises, and further in consideration
of the mutual promises herein contained, the City, the Bortower and the I.enden c�reby agree
35 fU11UW5:
1. The Tax-Exempt Bond is hereby amended as follows:
"' l
(a) The dates of "February 1, 1995" and "March l, 1995" conta.ined in
the sixtccnth (16th) and eighteenth (18th) lines, respectively, of the first
paragraph of the Tax-Exempt Bond are hereby changed to "February 1,
2005" and "March 1, 2005," respectively.
2. Except as expressly amended hereby, the Tax-Exempt Bond, the Loan Agreement
and the documents related thereto shaIl rema.in in full force and effect in
acc�rdance with their original terms, except as expressly amendc:d in writing prior
to the date hereof.
WINTHROP & WEINSTINE wINTHROP � WEINSTINE Page 6/6 Job 115 Mar-30 Thu 15:50 1��95��
IN V�JITNFSS WHEREOF, the City, the Borrower and the I.�nder have executcd and delivered
this Amendment as of the day and year firsc a�ave wri«<n. -
0
MPI 5:�5737-1
-z-
CITY OF MENDOTA HEIG��'CS,
MINNESOTA
�y:
Its: Mayor
By:
Its: City Clerk
NORWEST BANK MINNFSOTA,
NATIONAL ASSOCIATI�N
{f/k/a Northwestern National
Bank of St. Pau!)
By:
Its:
RiCHARD B. SHALLER
LIST OF CQNTRACTORS TO BE APPROVED BY CITY COUNCIL
Anril 4, 1995
CementlMasoar� Cantraetar Lieease
Serice Construction
Excavation Contrac�ar Licease
Bev Lor Utilitaes
Royal Excavating, Inc.
Gas Pipiaa Cantraetor Lieease
Vogt Heating & A/C
BVAC Coatractors Licen�e
Ka�mes Mechanical Snc.
Gen.eral Coatractors License
Crawford Doar Sales Company
industrial Door Co., Inc.
Mulcahy Tnc.
Woodmas�er Faundations, Inc.
_�
.. ,
. � ._ _ ..
• .. . . ''' .. . • . .. ... , • . .. . . . ,.'�,'; r::�,_:.�;,>..:��;_.��.�:�»:: :�r,
r:K; • �•�
' Apr1l 4, 1995
2iD: Xagor and City Couttctl
• CLAI'!LS ISST Si/1yiYARY:
taZ Ciaims
:
�O " 115,802
s.tyn.ifscant cxaims
Med Centers Health ins 11,743
.' t1WCC sewer charge 74,080
� � Itnusua2 Clatms • ' . . : . ' . , - � �� ' , • t ' _ , , • •
Rosedale Ghev • pd unmarked� 14,683
� ..
• . , -,...
� J 33 Mar
Fri 3: RM
� Temp Check tVumber 1
�� Temp.
Check
Number Vendar Narne
f AT&T
1 AT&T
� 1 � AT &T
1 AT&T
1 AT&T
5
Totals Temp Check Nwnber^
Ternp Check Number 2
� � R2bir,sc�n
, 2 Albinson
2 A2 binson
2 Albinson
8
Tatals Temp Gh�ck Alunber
Temp Check Number 3
� 3 Asper�
, 3
� Tc,tais Temp Check Nuwber
, Temp Check Nurnber 4
4 America» N�tic�nal Bank
_} -
' 4
Tc�t�ls Temp Check Number
� Temp Gheck Aturctber 5
5 Ashland Ch�reical
5
Tnt�ls iemp Check NuMber
Temp Check Number 6
6 H & .J Auto Supply
6 E+ & J R�.�tc� Supply
5 B& J Rnto SuPP�Y
6 E+ t� J Auta Supply
6 H & ,7 Fluto Supply
30
Tat�ls Ternp Check Number
Uept lU-Adm
4/4/95 ci�irns l.i�t 15-Engr
. . .Gity af Mendata Fteign�cs 2Q-P011C�
30-Fire '
40-CEO�
Account Cade Camme�ts ,
@l-4210-030-30 aor sve Id
01-4�10-050-50 z�pr sve lci
01-4810-Q�50-S0 apr svc
tdl-4zi0-tA70-70 apt^ �vc
15-4210-060-60 apr svc .
1
05-4330-490-IS
37-4330-Q79-tB�D
05-4305-�05-15
tbi -44^c�-050-54t
�
01--4330-A90-50
3 .
i1-4226-000-@0
A
j�
rDS ^�i422�'AJQJ-JYJ
5
01-433@-490-50
01-k330-A90-50
�71! --4330-490-7rD
Ql -433Q�-490-70
01-43,�0-G90-50
6
rpr�
splys water tuwer
. splys
splys
parts
adcitl fee
splys
parts
part5
parts
ysarta
part5
Oept 50-Roads
60-Utilities Page 1
70-Parks� �
80-Planntng .
85-Recycling
9Q-Animal Co»troi
Amount
� i.43
1. 88
10. 53
f 0. 52
10. 53
34.89
221. 88
14.45
11.18
4i.4�►
2A8.95
12.78
12. 78
�1;
4. k0
---- �
4. 40
393. 40
383. 40
50. 9b
17.08
125. 56
c2. i4
22. 14
z37. 88
�
i 3i Mar Claims List
Fri 9a� +M City of Mendota Heignzs
� Temp Check Nnrnber 7
;••1 Temp.
' Gheck
Number Vendar Nan�e Account Gode
7 Barefoat �rass @f-4335-3i5-30
�� � _ _
Tatals Temp Gheck lUumber i
, 7emp Check i�3umber 8
8 Ha �.ter P u i l t 01-k330-440-2@
8 Bauer Buflt 01-433Q�-460-30
I6
-, 'Cotals Ternp Check Number 8
Temp Check tJumber 9
' 9 Kevin Batchelder @1-4400-110-10
.� g
' Tcrt�l� Temp Check Nureber 9
-� Temp Check Numher iQ� •
2@ Bgard af Watet^ COi!!ttl1551pYiE?Y`5 15-44c^5-3f0-60
� 10 Hoard of Water Com�nissianers 01-p425-315-30
- 10 Board af W�ter Gommissianers 08-k425-00Q�-00 . ��.c- -
__ , ` ,
•� 30
Tc�ials Temp Check Numher i6d
-� Temp Check Number 11 .
li Chicago Titie Ins 16-4473-0041-00
� 11 ' .
Tc�tals Temp Check Number li J ✓
Temp Gheck f�tumber 12
f2 City af W 5t Rau2 01-43@S-03Qt-30
12
Tc�tals Temp Ghecic Number i�
Temp Check Nur�iber 13
13 Contact Mobile Cornmuni.ratians �1-433@-450-30
23
Tc�tals Temp Check Number 13
Temp Check N�rtiber 14
14 Camrn Center Qtf-46�0-07@-70
- . _ , ... _._ �
� Corament s
31ifs svc
parts 2243
parts
2/16 & 3/16 rntg
i'eb svc
' feb svc
feb svc --
�
title search re perrunlfr
r2dios
rprs
re parks truck
Page 2
Rmaunt
f 44. 84
iR4.84
63.88
49.68
1 13. 56
33. 25
----=
33. 25
5. @7
52. 37
16. 89 .�
74. 33
_�
1, 894. 95
1 � 894. 95
800. 00
80@. 00
91. 84�
91. 80
1 � �95. 37
' 31 Mar
Fri 9:0� rM
` Temp Check Number 14
, Temp. � .
er,���
lVumber Vendot^ lVarr�e
14
�, Tatals.Temp Check Number
Temp Check Number 1S
15 Cot^�nect I nc '
a 15
7c+tals Temp Check Number
.. Temp Check tVamber 16
16 Copy Duplicating Fraducts
16
Tat�Is Temp Check Nun�ber
Temp Gheck Number 17
-� 17 Coverall
17 � -
Tc�tals iemp Check Nut�ber
Temp Cheek Atumber � 18
� 18 Cu�t orn Da. e Cut s
•� 18
Tc�tals Temp Check Nuraber
� Temp Check Number 19
� 19 James Danielsrrn
13
Tctals Temp Gheck Number
Ternp Gheck Nunsber 2�+
20 T}enn i s De lmcsnt
20
Tata7.s iemp Check Number
Ternp Check Nuriiber �1
, 21 Fart is E�enef it s Ins Ca
Z1
Tatals 7emp Check Nurnber
Claim� Li�t
City of Me»data Heights
Account Code
14
QIf -kz 10-02�-20
iS
01-4305-030-30
i6
08-41f0-00@-¢i0
17
01-442@-050-50
18
P�5-4415-105-15�
19
01-k41 S-r1+2Qt-�0
�0
�ti-4132-031-30
21
�"' ".." " "'
Gamments
feb sve
z �
mar Copie�
316 �thru 8 svc
, . ;� . .. �- ., �
signs �
apr allow
apr allow
Page 3 �
�
�
Rmau»t
__r...r..._ �
, i, 595. 37
�
17. 00 �
17. 00 �
�
S. k7
5. k7 �
�
172. 53 Q,
172. �3
, , . Q
• - „�' t ' . . . . . ,
92. 39 �
92, 39 -� �
. ' ! . � �
12@. 00
r��t
120. 04� _.
�.�
120. 00
120. 4�0
�pr prern 254.80 r•�
154.80
. . ...» .... ... . .. . .. . ,_ ' '... .. .. .... .._ . � . ... ` ."" . '.... : ` _ � ._,.'_.....- M. ��h
7 31 Mar Claims List
�ri 9s�_ AM City of MeMdote Heights
' � Temp Cheek Nurnber 2z
. •�, 7emp.
� Gheck
Number Vendar hlarne Account Gode
2� W L3 Srainger� 02-4305-050-50
22 W W Grainger� 4�1--4305-070-70
� 2� W W Grainger 15-43�b5--060-60
. 66
Toials Temp Checic Number 22
Temp Check Number 23 -
23 �raham Mfg & Teresa C.�arlock @i-�+13l-02@-�{U
, 23
Tc�tals Temp Check Number 23
�-, Temp Check Number �4
24 6roup Health Snc 05-4131-105-15
24 "
� Tbtals Temp Check Number �4
-� Temp Check Nurnber 25
25 I 0 S 01-4330-k9�-1Q
=`� 25 I t1 S . 01-4330-460-30
25 I 0 S ' 01-4330-445-40
--� 25 I p S � 01-4330-A90-50
... 25 T Q S 03-4330-k9Q-70
85 I O S 05-433tb-Q9@-15
--� 25 I q S 15-4330-490-60
zs f o s 0i-4490-f�9-0�
25 I O S tA1-430Q�-080-8Q
� 225
Tc+tals Temp Check Number 25 1
Temp Check fVurnbe "r c5
�5 Paul Kaiser Q+1-k268-150-30
Z6 Pau1 Kaiser 01-441�-030-30
52
Tatals Tetnp Ch�ek Nurnber 26
Ternp Check Number 2?
27 KnuisCn Rui:sbish Service �8-43�s5-00@-@0
27 -
Totals Temp Check iV�unber 27
Temp Check Nurnber c^6
Comments
ladder
ladder �
l�dder
apr prem parlack
apr prem kullander
mar mten ,
.. • , :.�v: .x mar a�ten . . :.; � • . ._ . ._
• mar mtcn " ` " �
mar r�tcn
rnar mten
• mar mtcn
mar mten
rnar mtcn
rn�r rnten
. . . � ,•...:•-". • , .
mar svc
mi exp
rnar svc
Page k
Amount
, 67.25
67. 15
67.13
201, 43
9z. 85
92. 85
180. 35
180. S5 •
$2. 70,
12. 40 � -:
49.60 � '
12. 40
12. 40
82. ?@
12. 33 -�
33. 10
33. 10
330. ?3 - � `
1, 470. i6
13. 05
1,483.81
78. 12
78. 12
�
31 Mar �
Fri 9a �... AtM
; '1
Temp Check Number 28
Temp.
Check
N�tmber Vendar Narne
28 Tharnas F{nuth
28 Thamas Knttth
,� 28 Thornas Knuth
84
Tc�tals Temp Check idurnber
Temp Check Number 29
29 Krechs Office Machines
29 Krechs Office Machines
5B
7at�ls Temp Check Number
~ Temp Check Number - 30
, 30 L E L S
3¢�
Tct�ls Temp Check Numder
Temp Ctteck Number 31
-, • 31 L M C I T
31
' iatais Temp Check Nuarber
, Temp Check NumbEr 32
32 League Gf Mn Gities
� 32 League of Mn CiEies
64
7otais Ternp Check IVumber
Temp Check Number 33
33 M ihamas Laweli
33
i'c�ta ls Fernp Check N�ember
Ternp Chack iVumbE�r 34
34 Lincaln Her�efit
34 �incoin Etenefit
34 Lincalri Per�efit
i ll+2
Tc�tals Ternp Check Number
Claims List
City af fi3endota iieignts
Account Cade .
25-4^c 20-0Es0-60
27-4415-710-00 ' '
05-4415-1�5-15
88
ld1-4330-49tD-1@
01-433@-490-10
29 .
01-2075
30
01-4250-114J-10 .
31
01-20'74 .
01�-4134-020-�0
32 �
Q�1-4415-11 f1�-10
33
01-2Q�74
02 -4132 -@::0-^�4�
01-4131-11Q�-1@
a4
e
Comments
exp reimb
exp reirnb
apr allow
rprs
rprs
apr dues
renewal . ��
apr prem
apr prem
apr a12aw
apr prern
apr prern
apr prern
�
Page S �
�
' Q
Amount
9. $6 �
49. 59
10. 00 �
69. 45
. 4
130. 00 �
65. 00 �
195. 00 Q
. t�i
^c7�. 00 �
275. 00
. �
} � 9p3. 00 ^ �.� . �,. `' . - • �
�, :���� . . . ,
9A3. @0 �
,
-� � a
485. 65 �
� � 617.56.� ' • , . ' �
1t103.A1
t'�
275. 00 1..:'
175. 00
40. ¢�0
387. ? 1 �;e,
138. 10
565. 21 •
s
` 31 Mar i Claim� List
F�^i 9t0� AM City af Mendota Heights
`�� Temp Cheek Number 35
;-� Temp.
' Check
IJumber Vendnr tVame Accaunt Gode
35 Lynn Feavey 01-4305-0$0-20
' 35 �
�� Tatals Ternp Check Number 35
• Temp Check Number 36
36 Maier Stew�rt & Assoc 37-4330-479-0Q�
36
Tatals Temp Check Nuwber 36
^ Temp Check Number 37 '
., 37 Materia2s t+�gmt 01-4305-050-.�.,0
37 Materials Mgmt 01-4305-070-70
s7 Materials Mgmt 15-4305-0b0-60
' 111
Tatals Temp Check Nurber 37
�' Ternp Check Nuniber 38
38 Menards 01-4330-490-50
..f . 38 Menards , • .. 01-4330-490-50
•.� 76
Tatals Ternp Check Number 38
--., Temp Check Number 39
39 Med Centers N P @1-2@74
� 39 Med Genters H P 01-4131-110-10
39 Med Centers H P @f-4i33-020-20
39 Med Centers H P 01-4132-040-4�
39 Med Centers H P 01-4131-050-5
39 Med Cent�rs F{ P 01-413i-070-7@
39 Med Centers H P 05-4131--105-15
39 Med Cen�ers H P 08-4131-0�0-00
� 39 Med Ceriters H R 15-4131-06PJ-60
•• 381
Tnt�ls Tesnp Ch�ek iVumber 39
Ternp Check Nurnber 4�h
40 Mendata Heights Certicare 01-4330-44�-�0
40
7atals Temp Ch�ck Number 4@
Ternp Check Nurnber 41
.. . . _. . _ . . _ �, .� , �
0
1 Rage 6
Comments . Rcnount
sply� 124.66 -
� 124.66
re water tawer
S�IyS .
. aplys
�plys
m�ilbox rprs
-. mailbox rpr�
ap�^ prem
apr prem ..
apr prem
epr prem
apr prem
apr prem
apr prem
apr prem
ap3^ prem
part
, ik3,60
243. 60
91. 25
9f. 25
91. 20
273. 70"
58. 54
3. 26
61. 80
�-�
�, 27Z, Q�4
1,347.68
^a, 534. 60
680.��
1, 640. 27
954.ff
1, 526. 92
166,92
620. 22
11�742.76
23. 38
23. 38
�� 31 Mar 3
Fri 9:w., AM
t�
"�' Temp Check Number � 41
`-� Temp.
Check
Number Vendar Narne
41 Mendata Heights Par 3
� 41
Tata2s Tarnp Check Number
�-, Temp Check tJurober 42
42 Metro Area Mgr Assn
� 42
, Totala Temp Check Number
.�
Temp Check hiurnher �t3
.-1 43 Metro Waste Control
' ' 43 t+'tetra Waste Carttrol
43 Metra Waste Control
43 Metro Waste Control
172
--� 7otals Temp Check Number
Temp Check Number 44
• „ . 44 Nlid�rest Radiator
�►4 MidKest� Radiator� �
`� 88 . '
Tota2s Temp Check Number
_,�
Temp Check tJumber 45
� 45 Minn Cellular Tele Ca
45 Minn Cellular Tele Co
45 Min» Cel2ular Tele Co
45 Minn Cellular Tele Ca
45 Minn Cellular Tele Ca
225
Tatal� Temp Check Number
Ternp Check Number 46
46 Mr� Assr�� c�f Warner� Roi ice
46
Tc+tals Terap Check Nc.ttal�et-
Ternp Check Number 47
47 Minn DF1RE Officers {�ssn
47
Claims 4ist
City of Mendata Heignts
_ r
Accaunb Cade
1,5-33�0
41
Q�1-440@-110-10
.
42
15-33�@
IS-3615
15-4449-@6Q1-60
iT-3575
43
02-�r330-490-70
01-433tD-44ib--20
44
01-4210-02fb-20
01-4212�-030--30
01-421@-02Qt-2Q
fD1-4210-1 iQk-»1rd
01-421@-@3Qt-30
48
Q�i-44�0-Q��0-20
46
01-44Q�4-Q2Q�-20
. �.__..... ,
Camments
rfd 1 sac chg
3/16 mtg
feblmar sac chgs
febtmar sac ahg�
apr svc
apr svc
. , rprs : � � � , .
' � rprs 2244
. mar svc
- ' mar svc
mat^ svc
mar svc
tnar svc
513 & �t cor,f
95 dues
�
Page 7
E
Amaunt
B50. OJ0
650. 00
13,85
13. ^c5
2� 55@. @0
25.5@cr
74y 352. 00
2,796.00cr
74y080.50
349. QJ7 , .
43. �^c �
39�. �C9
�
84. 95
�f . 48
10. "74
10. 74
10. ?k
138. B5
12fi. td0
120. 00
25. 00
25. 0@
_ • .. • �: - •n�
h
� 31 Mar 5
Fri 9:w� AM
��3 Temp Check Number 47
f l Temp.
' Check
. Number Vendar^ Name
Totais Ternp Check Nup�ber
� 3emp Ctteck Nurnber k8
, 48 Minn Mutual Life Ins
48 Minn Mutual Life Ins
48 Minn Mtatual Life Ir�s
48 Minn Mut�aal Life Ins
i92
Totals Ternp Ch�ck Number
Temp GhecFc Number ` 4�
.- � 49 Mi nnesota �enef it Rssr,
49 Minnesot� Henefit Aas»
49 Minnesata Benefit Assn
+ 49 Minnesota �tenefit Assn
' 49 Minnesc�ta F�enef it Assn
49 Minnesota Heriefit Rssn
�_� _49 Minnesota E+enef 3b Assn
343
•1 TGtE+t�5 Temp Cheok Numher
Temp Check IVumher 5Qt
` � 50 Minnesota Toro Ir+c
50 Minnesata Toro Inc
;-.� 50 Minnesata Toro Tnc
15@
� Tatals Ternp Check Number
Ternp Gheck 3Vurnber Si
51 Morton Thc+kol
51 Martan Thokoi
102
Totais Temp Ctreck Number
Temp Check Number S�
5� Narthwestern Aggrega•te
52 Northwesterrr Aggregate
104
'fot�ls Terno Ch�ck Nurnber
Temp Check {Vumbet- 53
53 Nc�rthern
Claims List
City af Mendata Hei,ghts
Account Cude
47
01-2074
0k-413i-f10-20
tt�i-4131-02t,�-�0
01-4131-070-70
46
01-2074 .
01-4132-f 10-ftd
01-4131-@2Q�-20
01-4131-050-50
tB1-�131-07Qi-70
05-4131-105-15
15-4131-06�-60
49
01-4400-070-?@
01-4330-490-70
411-4330-490-70
50
J
01-44C1-0541-50
01-44�! -fl5t3-50
51
Qi 1-44c i -Q�50-�@
01-4421-@50--50
52
3?-4330-479-Q�@
Camment�
�pr prera
apr prem
apr prem
apr prem
apr prem
apr prem
apr prem
apr prem
apr prem
apr prem
apr prem
- �- -. l �-i ,• , . . . ,
regr
parts
parta
sales tax
. ` sales tax
icr
icr
re water tower
Page 8
.
Amount
209. 92
7. 691
18. 35
5. '7tD
241.57
552. 59
38.81
376. 97
44.52
237. 03
53. S3
_r 45. :51
1, 347. 96 �
�
. � ' S� +
490. 0Y;
130. RtA
308. ^c � -�
928. 61
91. 39 � .
50.87
142. 26
1, 323. �8
123. 98
1, k47. S6 '
42. 46
31 Mar � Claims List
Fri 9:L�., AM City of Mendota Heights
`�� Temp Check Number 53
, Ternp.
Check
Muraber Vendur Narne Accaunt Gade
53 Northerr+ 37-4330-479-00
� 106 �
Totais Temp Cheek Number 53
Temp Check Nurnber S4
54 Northern Air Carp 08-4335--000-00 -
Sk Nartherr� Rir Carp 08-4335-00@-00
108
Tatals Teraa Check Nurnber 54
Temp Check Number . 55
55 Narthwest Chapter FEtINAR 01--4404-02Q1-c0
55 '
Tat�ls Temp Check Number 55
. Temp Check Number 5b ,
S6 Office Max tGi-430@-if0-10 -
56 Office Max 01-4305-030-30
lf2 ' � . .
� Tatals Temp Check Number 86
Temp Check Nurober 57
57 P�uls Auta Body 01-43,a0-44�-ciIl
�� 57 .
Totais Temp Check Numbe�^ 57 '
� ,�
Temp Check Nurnber 58 !
58 Palfus Irnpl @1-4330-490-70
58
T�c�ta ls Temp Ch�ck Number 58
Ternp Check hiuc�3ber 59
59 Rr�ir�cip�l plutual 4�f-c^�71
59 Principal Mutual 01-4132-@�0-20
5� Princip�l Mutual @1--4i,�2--05fZ�-50
i77
Tc�t�ls Temp Check Number 59
Ternp Check Nurnber 6Q�
Comments
re water tawe�^
rprs
rprs
j 95 due�
splys
splys ,
rprs
parts
apr prem
apr p�^em
apr prem
Page 9
Rrrtaunt
15. 95
58.41
162,50 ,
373.A6
535. 96 -
20. 00
� 2QS.0Q
37. 22
1 �6. 53 ,
� 193.75 '� '
567. 42 �
• 567.42 i •
' 22. 11
�2.1i
191. �7
?7. 06 '..
c^0, +26 ,
28&. 59 �
.}
' 31 Mar
Fr 1 9 x k,� �iM
� Temp Cherk Nurnber 60
1 Temp.
' Check
Nurnber Vendor Narne
50 9chumachers Inc
60 ^aahum�chers Irrc
�� 220
7otals Temp Check Number
'Fernp Check Nu�nber 61
61 Seven Carr�ers Ace lidwe
~ 61
-• Tat�ls Ternp Check Number
Ternp Check Number 62
_�
- 62 � E Sh�ughnessy 3r
62 L E Shaughnessy Jr
62 � E Sh�ughnessy 3r
' 62 L E Shaughnessy 3r
62 L E Shaughnessy Jr
••� 62 L E Shaughnessy 3r
372
Totals Ternp Cheak Number
d , . . .
Temp Check ritumber � b3
� 63 8outhview 6arden Center
63
� Tatals Temp Check Number
� Temp Check Nurnber 64
64 8t Paui Stamp Warks
64 St Paul Stamp Works
' 128 �
7otals Ternp Check Number
iemp Check Number 65
65 State Mutual Tns
65 5tate #+`tutual Zns
130
Totals Temp Gheck NurnErer
Temp Check Number 66
66 Twin City 6�rage Duar cc�
Clairns List
City af Mendata Heigncs
Accaunt Code Cornm�nts
Qt-4305-05@-50 �plys
01-430�-050-50 - discaunt
60 .
01-43@5-@3@-30 splys
62
tbi-4220-33�C-10 mar sve
05-4220-132--15 mar �vc
iS-422@-132-60 mar svc
22-4220-i32-0fl mar �va
03-422�-132-fb0 ' mar cvc
29-4220-132--00 rnar svc
62
z. ` ' . , t . � ' .. , .
02-4403-030-30 splys
63
@f-4490-1f2+-10, natary starop
01-k4�-@20-2@� nat�ry �tamp
64
@]-2Q�74 apr prem
0i-4i32-id�0--�0 apr prern
C]J
Qi -433W-32 �+-.�,� rprs
_ . �. �� _ . ._.
Page 10
Amaunt
63. 26
i. 19cr '
62.07
zz. z �
22, l i
2 , 656. 05
325. 10
513. 1Q
lY9$6.Z4t
426.�0
172. 75
5�079.90
. .�� '�
36. 21
36. 21 -�
22. 1$
22. 18
44. 36
143. l i '
4�0.95
� 564. 06
37. 10
•) •"
,
i
•• 31 Mar :
Fri 9:05 RM
1 TQmp Check Number 66
.� iemp.
' Check
N�unber Vendor Narne
66 Twin City Garage Door co
66 Twin City Garage Door ca
� S98 •
Totals Temp Check Nu�nber
Temp Check Number 67
, 67 Tri State Etobcat
67 .
Tatais Temp Check Number
Temp Check Number 68
68 U S We�t Cocnm�tnicatia»5
68 U S We�t Com�nunications
68 U S West Cornmunicatian�
' 68 U 8 West Comraunications
68 U 8 We�t Com�punication�
,} 68 U S West Communicatians
68 U S Glest Comnexnications
68 U S We�t Comrnunica�tions
" • 544 � .. '
iotal� Temp Check�Number
� Temp Gheck Number 69
- 69 Universal Li�'e '
69 Universal Lffe
63 Univers�2 Life
� 69 Universal Life
69 U»iversa3 Life
69 Univer^sai L.if.e
414
i'c�tals Temp Check Number
Temp Check Number 70
70 United Electric Ca
7tZ+
7atais Temp Check Nurober
Ternp Check �iurnber 71
71 United Way �t Faul
71
Totsls Ternp Check Nurnber
Claims L3st
Gity of Mendota Hefghts
Acoount Code
01-433�-310-70
15-�4335-3i0-60
66
@1-42@0-bi@-50
67 .
Comments
rprs
rprs
eq t^er�t
, Page li
Arnount .
37. 1 Q1
37. 11
�11.31'
216.50
116. S0
01-42ItG-litD-IQi � mar sve
01-421Q-020-�0 ,ar svc
01-4210--040J-40 mar svc
05-42i0-205-25 roar sve
15-4210-06Q�-60 mar svc
01-421@-03@-30 mar �vc �
¢�1-421+b-@50-.�,0 mar svc
01-4210-070--70 mar svc
� . ' _ . . -:�;:� :,�., . .�; . , : . • ..
68 � • •
01-4131-02@-20
01-4131-050-5Q!
02-4132-07Qt-70
01-4131-110-10
05-4231-f@5-15
f5-4131-060-50�
69
@ i -433(�-21.�,-70
7@
� ... .. ..
, apr prem
apr prem
apr prem
apr prem
apr prem
apr prem
wmg house 2ites
apr contr
323. 21
482. 90
60.31
I75. 8'3
331. 44
138. 33
38. i$
91. 07
1,642.93 '� .
. !
676. 20 -�
201.39
�34. 49 �
1 S4. 86 ..
�i48. 2 r �
268. 16
1,T83.35 _
292. 65
�92. 6S
145. 15
145. 1S
� 31 Mar .
Fri 9.�5 AM
� 'Temp Check Number 72
-� Tetnp. -
Check
Number Vendar Narne
72 Zee Medical Svc
72 Zee Meclical Svc
•� 7c"� Zee Medical Svc
- 216
, Tatals Temp Gheck Numher
6440
Grand Tatal
� � .. _ . , , • . ,
Claims List �
City of Mendota Hei�hts
Account Code �
01-4305-050-50
01-43Q�5-07Qi-i0
25-43?r5--ffi60-541
7c'�
Camments
splys
splys
splys
Page 12
Amount
10. 8$
10. 85
iQ►. 83
32. S3
115�80f.8i .
MANUAl. CHECKS
16164 154.32 A3 & 7 tele svc
16IG5 Gd.90 ierry.8ium exp reimb
15166 430.55• Dakota�Bank petty�cash
15167 2Q0.00 Hennepin Caunty warrant.
152G8 .:4'.206�.03 State Capitol�C U 3/i? payro?1
15169 ' 10.00 State of �;inn vehfcle stickers �
15170 .18..84 PERA' 3/1? payro7]'
I5172 , 9:039.27 " � "
15172 1,047.62' ICMA "
15173 �50.00 GFeat.Western C & A " �
� i5174 � 405,.`00 .Mifltt Stdte Retlt�emet�t "." ,` ' . , ". r•.,�<',`� �.,
15175 .935.00 Minn Mutual �� � � " �
15176 �50.00 Federal�ReserYe " ' �
15177 256.80��Dakata County � " �
15178 555.04 Dakota 8ank' "
15179 3,683.Oi. Comro�Revenue "
15180 15,900.28 Dakota Bank� . "
15182 46,627.25 Payr�ati a/c "
15182 10,683.00.'Rosed�le.Chev , pd vehicle
15183 � � 30, 04 . LMC � � regr � � �
15I84 � 38.23 Minn 800k Store cbde.books
15185 510.97 PERA ' pd backpay.
25186 28.35 Conm Revenue . • .
I5187 , 171.32 Dakota 8ank' - � "
15188 2,304.06 •Payrpll a/c "
15189-196 ;336.04 F D.itis adj '
15297 �� 25.00 Washington County notary cert
15198 25.00 Dabota County "
15198 35.OQ MFAPC '95 mbrshp
97,797,50
G.T. @!�►X{(.;�&
. , -. }� , . , .
-�
0
:C� , -f
�
CITY OF MENDOTA HEIGHTS
�� �
Apri14, 1995
TO: Mayor, City Council and City Adminis
FROM: 7ames E. Danie o
Public Works D' r
SUBJECT: Onsite Fire Hydrants for Prime Net Data Services
DISGiJSSION:
Fire Marshal Paul Kaiser required that the Prime Net Data Services development locate
several fire hydrants off City right-of-way adjacent to their building. St. Paul Water Utility
requires that hydrants located off City right-of-way be included within a private water main
agreement. This private watermain agreement requires that all the water line and hydrants be
installed according to St. Paul Water Utility specifications and, because the water supplied to
these hydrants is not metered, the agreement allows for St. Paul water to enter on the site and
make repairs should leaks occur.
RECOMMENDA7iON•
The attached private watermain agreement is a standard agreement as required for
private hydrants, the hydrants were required by the City's Fire Marshal, therefore I
recommend that Mendota Heights approve the agreement.
ACTION REQUIRED:
If Council desires to unplement the recommendation they should pass a motion
authorizing the Mayor and City Clerk to execute the agreement on behalf of the City of
Mendota Heights.
s
338 2271
APR 03 ' 95 12 � 42PM hFALJi�1 & S ZMON MPLS
AGREEMENI'
P.B✓f4 {
39963/033i9Stb9G1
i'�IIS INDfiNT'CJRI�, Made tbi,s day of April, 199� by and between United
Prop�rties Corparatian, a Mirinesota Corporatian, hereinafter desig�ated as "Owner', the City
of Meadota Heights, a Mir�nesota Municipa� C�rporation, her�inaf�r designa�ed as "Mendota
Heights" and the $oard of Water Commissioners of the. City of Saint Paul, a Minnesoha
Mutiic,ipal Corporation, hescinaft�r desigr�ated as °Board"; and
V'THEREA3, The Board dtmir�� all times heran m�ntioned did and does manage, control
aad aperata, pursaant to the Home Rule Charter of the City of Saint Paul, its wacer wa�Ys and
public watzr supply system primazily for the purpose of furnishing an adeq�ate supply of water
for industrial, cammercial and domesti.c purposes to reside�ts of tho City of Saint Paul within
its ccTrporate iimiu, and incidentally to resid�e�ts of the City of Mendofa Heights for the same
or similar pufposes, punuant to agreements by and betwe�en the Board and said ]ast named City
and cndinasices of said City of Saint Paul and City of Mendota. Haights germane thereto; and
WF�REAS, The 4wne,r owr�s the foIIowing described land sizuated within the corporate
IimiL� af said City of Nfendora Heights in the County of Dakota, State of Mit�esota:
Lot 1, Block 1, Mesidota Heights Business Park St3i Addition (th� "Property")
and has rnade applica�on to the Board for wa.ter supply sezvice to be afforded from the Mendota
�It�ghts public water suPF�Y SYstem to the Preperty accord�ng to the rates and charges payable
therefare by the Owr�tr, its successors ar assi�ns, ta suci� municipaiity or the Board as th�.same
may be establishec� from time ta time; and
WfiE12EAS, Mendota H�ights and the Board have made subsisting agreements, by ar�d
between them., germane #o the extension of watcr servicc for the afor�said purposes, ftom said
�
` ' ' • 338 "e2'?1 �
, ! ,�'R $3 '95 12� 43FM MAUN & SIt70N hiPLS P.9il.4
pubiic water supP1Y sys�m o�' said Ciry of Saint Paui, by the B�oard, to said City of Mesr;dota
H�ights and the resxdents of the same within its corpo1aGa Iimits, aud such ext�nsioa of waber
sugply service �tas bcesi and now is the subje�t� of city ord.in�ance�s gatmane th�reto d�1y eaacted
• bp ti�e City o�Mendota F%ights and said City ofSaint Paul, this a�teement to be deem+�i subject
to said prior sabsistinng agreements az►d said ordinancRs,
1'�Y4W, T'HEREFQRfi, ia oamsider�afian of t� mutizal covenants het�e�in contaizted, the
�, for themselves, their succxss4rs and assigns, do h�reby mutually agree as foi'lows:
1. The +t3wner does hercby co�v�y and grant to, M.�trr►dota He�ights aad tite Bo�rd a
per�,� water main easement is�, uadcr, thmugh and over a�uid across that por6an of the
Praperty described Qn F.xhibit A atrached hereto and incorpardt�ed herein by this xefe,r�nce (the
"Ea9E',a�eut A,]rea"),
2. Me�dota �eig�t� and t�e Bo�rd do herebby grant permissior� to the C}wner to
construct, maixatais� and repair a private water main necessary For the furnishing a� wat�r sesvice
G
to #�te Pmp�rrty sabject w ti�e terms and cc�nditio�s cantained henei.n.
3. The fJwnex shall cortstxvct the private water r�nain at its sole cost and e�pe�se, in
stzict acco�da�nce with agpraved plans askd specifzcations on f le with the Board, u�nder the
supe�►ision and snbj�cc ta the approval of the B�oard and withini che �Se.menc Area described
in Section 1. The Owner �hall pay a depdsit to the Board ta i�cim6urse ttse Boazd for inspectian
costs plets any �candard administrative fe�. All service canne�tions fram the private ma�n shaIl
i�e consttvcted by the Owner at its sole cost and expense, in strici acc+7rd with plans and
speatcations approved and on f�le with t�e B�rard �nder the supetvision a�d approvat of the
:�, s
s
�
�
4
33� 22'?1
, �'E2 � '95 22.43Pt� MAI.�I & SIt'70N t'tPLS
P.2�0i"24 �
4. All necessaYy maint�ce, n;�n, o�peradon ar�lrnc replacem�eat of thc main and
sear�ice cor�nections shall be borne �+y the Owr��r at its sole oast and expense, in strict accc�rd
with plans an� specific�►tions approved axtd cm file with Mendota F%igh�s and the Bva�rd and
subject to approva� by h�i'eadota �Ie�hts and she Ba�rd.
�. Mendata �eigbts anc� the Bc�ard, at the reqw:st of the Own�r, or in c:ase of defauit
by ti�e Qwner in relation tn the oonstzuctioA, s�coastrucfian, ma�ntenance, r�pa3r or operation
of said privatc main, may enter upor� the F�aserneat Area and canstruct, re�onstruct, trtaint�in,
iep�r or operate said private main for th� aforesaid pe�rposes� of �he same �d all reasonable cost
�a �� �n� ��a by ,�� B�a S��i � ����u t�y r� �a � �.e o�� �a sn�.
be come due aad payablc upon presentati.on df an invoice therefor, a�d if such chazg�s are not
paad whe� due, ti�ey sha�l become aad constitute a iien upan the Progerty. In Ehe event of
aonpayment, tl�e &�ard mserves t�ie right to demy sezvice.
fi. The Bo�td agrees to supply wate�r service w the Progerty as the same have been
or shall be dcv�eioped for oommenci�l puxposes, subje�ct W attd iut acec>nciance with �pplicablc
rates or charges, rules and �egulatio�s as they a.re or shall be estsi�iah�d from time to time by
the $c�az'd. It is u.nderstood and agreed, how�ver, tE�at the Bc3aird unclertakes ta supply such
wat�r supply only in casc the pressure in iis mains zs snfficietzt w� e�abie it so to do, and the
Board as�umes n� respansibility for failure to supply wat�r resa2t�ng from acts or conditions
.
bpyond i�s contxal.
7. �t is ag�eed by and beEweerz ttte pattizs he�reto that this agreetacnt sh�I b� Subj�Ct
to water se,rvice rates, nlies aCld i+egulations gerrnan� to ti�8 Subj�cE of this agr�emant now in
force and hereinafter grescribc,cl anci promul;ated by the Boasd or by I�fendo�a Fieights and
��
�
_ • ' - 333 2271
; ', APR 03 '95 12� 44PM MAl11V 8� SIMON MPLS
P.1Ii14
fiuthes that there shait be and hereby is reserved to the Soard and to M�ndota Heights t�e right
to ch�nga, revise, alter, and arnend such rates, rul� arsd regula�ions as theu discretion shall
_ dfrecx to the eud that such rabes, rules aad rtgulations s,hall be reasonabla.
S. No extension af the private water main shall be made without the prior writt�n
.
conseat of Mendota Heights and the Board. All necessary service connection tags from the
private waier main shall be installed by the B�oud upon due agplicable theaefor on a form
sapplied by the Board and shall be insralled by the Board at �he cost and expense of the pariy
reti�ing the same.
9. The Board reserves ti�e right to shut off the water s�cervice whr.n n�ct.ssaty for the
. ,
ea�teas€on, rcplacement, rtpair or cleaning of the private warer main or apparatus appurt�ant
tbereto, and the Baard shall nat be held liable for auy dan�ge occasione3 thereby.
i0. The t,�rms and candit�ons af this agreement shall run with the Property and shali.
ba bindi�g upon th� Own�r, its sucoessors and assigns.
11. The Ov�mer, in consideration of its baing supglied waner by th� Boar�d, upon t�e
• t�rr�s 2nd conditior�s herein out�isteti, sha]1 c�mply strictiy with all vf the niles and rogulations
_1
o€ the Board, and sha1l pay or cause ta be paid unto the Board therefor acxar�ing to all
appIicable rates aad charges prescribed and promulgated the,refor by rh� Board now in ezisience
or as may be modifi,ed or arr�ended, which aze �e�eby incorporated by refe,rence. The Board
rese�rves the rig�t to shut off the waier supgly for adnpayment of appIicable water charges, and
it is expressiy agreed that sveh unpaid wazer charges and costs iacurred by the Board ptust+2nt
to this ag=eement shall be and co�tstitute a lie.n upan the Property.
l2. Tlse Owner, its successors and assigms, shaIl indem�ify, defend and sav� tearmless,
�
W
338 2271
.• APR 03 ' 95 12 � 44PM MAUN & S IMOr`i f"fPLS
P.�2/14 ,
� Menflota Iieights and the Board, its officers, agen�s, empioyees and setv�is from ali suirs,
actions or claims which shail arise from any injuries or damage ca�sed by any b�k or leaic ia
aay service pipe, private main, arher main ot� connectioa authorized by this agreement acc,cpt
tfiost azising frorn �e negligence of Mendota Height� or the Board that may oxur from the
furnishing of a supply of water by the Board to the Owner, i�,s te�nants, successoxs �@ assigrts
ar other persons, finns ar corporations served and ta be served by this private water main; and
furt�ter, that the Owner, its succ�ssoxs and 2�9si$ns, shall irtdemnify, defend and sav� harimkss
Me�doha Heigh�s and the B�oa.rd against aay claim, acnatr or iawsuit bxought against Mendota
Fieights or the Board uising from the negligeace of Qwn�r, its successors or assigns in
cann�ction witFi or as a resuit of this Agreement ar the rna�rs t� which it �lates.
IN �S V�OF, the �rtiies hereto have hertunto caused these preseaits to be
execut�ed the day and year first ahove written.
vrn�v rRop�R�s cox�ox�rrox
�y
r�
� "l
�ly
Its
STATE O� b2�tNFSOTA )
} SS.
CQEiNTY OF FI]�TNEPIN }
The foregoing instrument was acknowled�ed hefare me th%s day of ,
1995, by and � ,
and , respecti�ely af
'�;f1Vi�£D PROPF.RT'IFS CORPaRATION, a Minaesota Corporation on behaif of the
Co�oratian.
Tiotaty Pub.Lic
5
` • , . 338 �2?1
' . ' ., �R 03 '95 12:44PM MAUN & SIMOt�i MPLS
STATS +C�F MINN�:SOTA
CO�JN'T"Y OF DAKOTA
# ' t�! i ! : :t' :
$�►
Mas►Ot'
P.l3i14
" � T'�e foregoiag inst�ament was acknawi�ciged before me this ,�,T day of
, 1995, by and ,
I��ayor at�d City C%�rY, ar�spectively, af the City of Mendota •H+�ights, a h�innesota municipal
�oz'p�r�ticm, on beih��lf of �a 11+iuru� GOtporation.
Notary Public ,
:•-' f�` '-�1� i f t i t
/. �i • • t
$�►:
Its:
�y: _...__
r�: �..�..
a.
STA'TE 4F M�NI�l�SOTA
CC1�ET3VTY OF RA�MSEY
, ,.
_.,
The foregoing in�trument was acknowlodgod 6efare me this day caf
,1.995, by and
' , the ar�d of the
Boar+d of Water Commissianers o� the City of S:�int Paul, a l�finne,sata municipa� c�rp�nfian,
on b�aif' of the corpvr�tion. � .
Nasary �'ublic
0
• • 338 e2?1
APR @3 ' 95 12: daPM MALi�1 & SIi�ON t��
• « �
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1"3� inSt�utnenE vvas dra!'t�d by:�
�t:AUN' & SiMON, PLC �]yBG� -
2900 Norwest Ces�ter �
9t) Soc��t Sever�tt� S#reet
1V�aeagalis, iviin�i�sota 55431
��2l33S-1113 � .
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1�
CITY OF MENDOTA H$IGHTS
�.a •
March 30, 1995
TO: Ma.yor and City Council
FROM: � Tom Lawell, City Administr
SIIBJECT: Establishment of Voluntary Consulting Horticulturalist
- Position
DISCIISSION
Recently the City Council interviewed applicants for a
vacancy on the City's Parks and Recreation Commission. During
those interviews Council spoke with Mr. Steven Shimek, 2188 Aztec
Lane, and was impressed by his qualifications in the area of
horticulture in general, and urban forestry, in particular.
During the interview, Mr. Shimek volunteered to work with
the City as a°Voluntary,Consulting Horticulturalist" to apply
his knowledg.e and skills to benefit our community. The Council
was receptive to the idea and directed Mr. Shimek to submit a
letter outlining hia experience and willingness to assist the
City along these lines.
Attached please find the material submitted by Mr. Shimek,
along with a draft Resolution which establishes and describes the
duties associated with the Voluntary Consulting Horticulturalist
position. A Copy of this material has been ma.iled to Mr. Shimek
and he has been invited to attend our meeting on Tuesday night.
ACTION REQIIIRED
Council should discuss Mr. Shimek's offer to serve without
compensation as the City's Voluntary Consulting Horticulturalist
and the duties which would be expected of a person serving in
that capacity. If Council so desires, a motion should be made to
officially establish the position by adopting the attached
Resolution No. 95- A RESOLIITION fSSTABLISHING TSF3 POSITION OF
VOLIINTARY CONSIILTING HORTICIILTURALIST. Once the position is
established, the Council should consider appointing Mr. Steven
Shimek; 2188 Aztec Lane, to the position for a term commencing on
April 4, 1995 and running through January 31, 1996.
CITY OF biENDOTA HSIGSTS
DAROTA COUNTY, biINNESOTA
RESOLIITION N0. 95-
A RSSOLIITION ESTABLISHING THL POSITION OF
VOLIINTARY CONSIILTING HORTICIILTUR.ALIST
WHEREAS, the City of Mendota Heights counts as one of its
finest asseta its mature established natural environment, and
WHEREAS, through various other ordinances and resolutions
the Mendota Heights City Council has taken proactive steps to
maintain and protect the character and health of this natural
environment, and
D�SEREAS, the City Council now desires to take steps to
enhance the maintenance and protection of this natural
environment through the establishment of a position to be known
as "Voluntary Consulting Horticulturalist".
NOW THLREFORE BE IT RESOLVED by the City Council of the City
of Mendota Heights, that the position of "Voluntary Consulting
Horticulturalist" is hereby established, and
BE IT FIIRTHER RESOLVBD that the position will have as its
primary duty to, upon requeat, advise the Mayor, City Council,
and City Staff on matters related to the following:
1. Urban forestry, including tree purchasing, placement,
planting, protection and maintenance.
2. Insect and disease control, including identification,
treatment, and associated public education efforts.
3. Grants and other monetary awards whic� may be available
to assist the City in its effort to enhance its natural
environment.
ADOPTED by the City Council of the City of Mendota Heights
this 4th day of April, 1995.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor
ATTEST:
Kathleen M. Swanson, City Clerk
�
� l�y O�
.,,, , . 1��iendo�ca Heights
Ma.rch 30, 1995
Mr. Steven Shimek
2I88 A�tec Lane
Mendota Heights, MN 55120
Dear Mr. Shimek:
On behalf of the Mendota Heights City Cauncil, I wish to
again tha.nk you f or yaur of f er to voluntarily provide us wi.th
advice on matters relaGed to horta.cul�ure. A,s you will recall
from our recen� discussions, �he City Council is very in�erested
in further protecta.ng our communiGy's naturai environment and
views your offer �o assist in these eifor�s as very generaus.
As promiaed, the City Counci]. will soon consider the
establislunent of a position to be known as "Voluntary Cansulting
Hor�iculturalist" within Mendota Heights, and will alao consa.der
your appoin�nent to this newly created position. Attached please
find a brief description of the proposed position aiang with some
other applicable backgroun,d material.
The attached faaformation has been provided to the Mayor and
City Council for consideration at the Counc�l meeting scheduled
for the evening of Apri1 4, 1995. Of courae, we are interested
in your input into the establishment of the position and the
duties which will be a�aociated with your appointment. Please
review �he attached material and let me know i..� you have any
suggested addi�ians, deletions, or modifications. A].so, a.f your
schedule allows, please make plans to attend �he Gouncil's April
4th Council meeting to fur�her discuss tha.s i�em with them. If
your schedule does not allow you to be presen� on April 4th,
glease let rne knaw and the matter can be postponed to a future
Council meeting date.
Thanks again �or your willingness to acivi.se us on matter�
related to horticu],ture. Should you have que�tions or comments
regarding any of the above, please le� me know.
Sincerely,
CI OF MEND TA HRIGHTS
---��' r :.��.� -.� �r '� ,�
b � E:�.���'�i
Tom Lawe71
City Adminzstrator
Attachments
11Q2 Victoria Curve -,N�endota Heights, 1VLN ��5118 452•1850
February 11, 1995
2188 Aztec Lane
Mendota Heights, MN 55120
Mayor Charles Mertensotto
1101 Victoria Curve
Mendota. Heights, MN 55118
Dear Mayor:
452-3159
As you requested in our meeting on 2/7/95 to interview for an appointrnent to the Mendota
Heights Parks and Recreation Commission, I am sending this letter to summarize our discussions
and formalize my offer to provide the city of Mendota Heights with horticultural consulting
services. This offer is understood to be voluntary service as needed to assist the city
administration the city council and the mayor in making informed decisions regazding <
horticulture, tree planting, insect and disease control and related issues.
Through my extensive experience, training and knowledge in these azeas, I am well qualified to
provide assistance in the maintenance and improvement of Mendota Heights urban forest
resource. This infrashucture is no less important to the value of our community than more
traditional infrastructure components like streets and sewers. Proper maintenance practices,
knowledgeable tree selection and placement of trees contribute greatly to the health of this
resource. More importantly, significant cost savings results from avoiding harmful management
practices.
I have offered my services to the city before and have twice interviewed for available Parks and
Recreation Commission appointment. My interest in becoming involved is well established. My
qualifications for appointment would seem a perfect match. Providingnew perspective in
making recommendations to the council on park and recreation issues would serve residents well.
Never the less, I have been considered "over qualified" for appoinhnent to the commission.
Despite my repeated offers with no response, I am hopeful the city will identify the merit of my
offer. I will be available to serve in whatever capacity is determined.
Please review this information with city council members and appropriate city staff. I welcome
questions and would anticipate a meeting to discuss current related issues of concern.
Sincerely
<�►(�` <�i'vw�"'
Steven Shimek
CC: City Council - John Huber, Christine Koch, Sandra Krebsbach, Jill Smith
City Administrator - Tom Lawell
�,
2188 Aztec Lane
Mendota Heights, MN 55120
452-3159
March 14, 1995
Tom Lawell - City Administrator
City af Mendota. Heights
1141 Victoria Cwrve
Mendota. Heights, MN 55118
Deaz Mr. Lawell:
Enclased is a brief article regazding city �ree protection I thought may be of interest. I
understand the city has enacted a tree preservation ordinance• Perhaps proper tree maintenance
could be addressed in the ordinance? As the article points out "topping" is a very deshuctive
practice and must be discouraged. Unfo�lunately #here are many tree cutting companies in
business that are ignorant to prroper azboricultwral teclwiques. Most importantly, topped trees
wili result in severe rot of remaining woad and lead ta a safety hazard. It is ironic that often
topping is dane ta prevent a tree fram falling and damaging praperry and often increases the
hazard. A seminar on proper tree pnzning techniques could be made available to residents to
encourage knowledgeable cantracting of arborist services.
Regarding the tree preservation ordinance, I suggest contacting cities with similar ordinances in
place. Stuart Fox, Forester with the city of Eden Prairie has done some excellent work and has
had a few years of implementation. His cities tree preserva#ion ordina�e has been used
nationally as a madei and may provide same useful ideas. His phone is: 937-2262 x272.
Tree preservatian can be a camplex and contraversial issue. The purpose must be clear and the
implementation must be practica.l. Those responsible for it's adrninistratian must be
knowledgeable ta assure the purpose is being served, Let me knaw if I can provide assistance.
Sincexely •
; ���
C= ����.
Steven Shimek
F.ncl. � '
l
.
;;
� �� ���
,.
�� �� � �� � �:.�' ���1
Me�amorphosis:
From couu manure to fire ant killer
�all it serendipity, call it a
happy accident, call it
what you d like. But while
trying to develop a new
fertilizer, a pair of Texans
stumbled upon an effec-
tive fire ant killer.
Uszng nutrient-rich liq-
uids extracted from cow
manure, Dean Holz of
Austin, Texas, tested his
proposed fertilizer on
sorne land six years ago.
The surprise result: Fire
ants started dying and
mounds were completely
dead in 10-15 days.
Holz and his partner,
Sabino Cortez of Stephen-
ville, Texas, are now rnarket-
ing their inventian as True
Stop. The fire ant killer com-
bines the manure liquids
with rotenone, a natural
insecticide that accurs in
plants. Unlike other manu-
factured poisons, True Stop
attacks the ants" innards
and is not a contact killer.
"I know of a greenhouse
operator that uses a light
dase o€ True Stop to kill
I��I ,�rani m�.o�.��
available
ants an potted plants,"
Cartez said. "It's a natural-
based insecticide, which
makes it attzactive to use."
The insecticide has been
effective against whiteflies
in limited tests at Tarleton
State Unieersiry in Stephen-
ville. Students saw a reduc-
tion in whiteflies when the
insecticide was sprayed on
painsettias, said Cannie
Fax, head of the horticul-
ture department atTarleton
State.
"It's important to note
that we haven t done fixll-
fledged research on this
yet," Fax said. "There
could have been some
other autside factors that
caused the whitetly popu-
lation to decrease. But
after we stopped using it
ETrue Stapa, the number a€
whiteflies went up again."
The product is available
from Sphere Corp.
♦ For more: Sphere Corp.,
Roufe 4, Box 172, Georgelown, TX
7862$; (5)2j St5•b032; {ax {5J2}
77&-5756. _
ta �ou
The Horticultural Re-
search Institute will
award grants totaling
more than $200,000 to
fund nursery and land-
scape industry research
this year, the American
Association of Nursery-
men reported.
Founded in 1962 as a
nonprafit research divi-
sion of AAN, HRI pro-
rnotes and funds nursery
research. It established an
endocvment fund in 1975,
which allows individuals,
�rms and industry asso-
i6
ciations ta make tax de-
ductible contributions in
support of ntzrsery scien-
tific research.
Research togics include
container production, ge-
netic engineering, inte-
grated pest management,
disease and insect control,
marketing, prapagation,
stress tolerance and water
and fertilizer manage-
ment. Contact AAN far a
grant application.
♦ For more: AAIV, i250 t Si.
N.W., Washington, OC 24405, {242)
789-2900; fax (202) 789-1893.
1 � ♦ � �
Nates on how plarcts are being used
Cities�have new weapon
to fight tree, toppers,
Some people just don't get Knoxvil(e, Tenn., offers "No Top-
the point. As much evidence ping Zone" and "Tree Topping
as there is abouf the dangers u �,x ,
and general siupidily af tree #op� �"�Lf M.IT��
`�,t.��€�.�:_„��� ,
ping, it is stil) being practiced in �' �. '� .
�x : � �
neighborhoods everywhere. ,��;�. � ��;�.> '
The practice goes back to 1907 S�k���y°;�.�� .
when Jahn Davey, the father of :m�e.
arbariculiure, referred to ttee roaauva
kappers as "tree fools." �`
Topping, also known as "hat eu�+ra �
racking" and "crown lapping," :*� .. _
- � .��,�-.. . � .
is the practice of irimming fhe 4ne anti-tree ta in si n
reafier rtions of{ the #a s af PP 9 9
9 P° P is recommeaded far every
trees. If th�s doesri t.ouhight k�ll �g0 ��dQle in a populatian.
the hee, several small branches Prices range from $11-$25,
grow out of each stub, which depending on the number
of signs purchcsed.
Fiu�ts" re8ecfive aluminum signs.
The 12-inch-by-1$inch signs
are a proactive way of educat-
ing ifie pubiic on the impropri-
ety oF fhe practice and cc�n be
ths backbone oE an area's anti-
topping carnpaign, said CTS
presidentJim Cortese.
Cities already participating
in the project include Cleve-
is not anly vnakfiraciive„.ybut iand, Ter�n., Knoxville, Tenn.,
unheaitiiyforthefiee. Ca!laway Gardens, Ga., and
Cifiesarenowtc�kingstepsto Asheville, N.C.
fight this pracfice, which makes �, For more: lim CorteSe,
1 neighborhoods unsighfily and ; o.-tese7reeSpecialis�, PO. Box433,
' lowen ro e values.
# p � �y Krto�i1le, TN 379dt-0433; (bJSj
� Codese Tres 5pecialists +n 521�8402; fax (615J 5211�055.
s
j«:., ....«..,.�...s._..�.,,....r..o.,..,..�e,..� _.....»..,a..ao...�=... »
� Nurse awarded damag
�
�
� in Benlate lawsuit; appeal planned
Shady Grove Plantation sian and intends to appeal. '
and Nursery Inc, in Or- About 300 iawsuits a- •
angeburg, S.C., was awarded gainst DuPont, based in '
almost $17 million by a Wilmington, De1., pertain- •
federal jury for acCual and ing to Benlate DF damage
punitive damages caused by have been resolved and
the fungicide Benlate DE there are abaut 250 cases '
Spokespersans far Ben- gending.
� l�t� manufacturer DuPant ��� �4ra: Pat Getter, duPont,
� said the company is `��T@at�}� 1417 Nantucket Drive, Houston, 7X {
� disappointed�� with the deci- 77457,• (713) 780-4596. t
Industry insights Continued t7n Page 21
Febtuary 1995 — Nursery Management & Productian
f ;�
- CITY OF MENDOTA HEIGHTS
�� �
� March 29, 1995
TO: Mayor, City Council and City Admini
FROM: James E. Daniels
Public Works Direc
SiJBJECT: Koch Pipeline Recovery Facility
CUP Renewal
DISCUSSION:
At their Apri16, 1993 meeting Council approved a Conditional Use Pernut (CUP) for
an Essential Service Structure within the Industrial Zoning District to allow Koch Pipeline,
Inc. to construct and operate an aviation fuel recovery facility at the southwest corner of
Northland Drive and Trunk Highway 55 (see attached Resolution No. 93-22). As one of the
conditions of approval Koch agreed to return to Council for consideration of an extension prior
to the end of two years if the cleanup was not completed.
The Minnesota Pollution Control Agency (MPCA) established specific criteria. to be
met in order for the clean up to be completed . As of this date that criteria is not being met at
two of the eight monitori.ng wells. The normal cleanup period for aspill such as this is 2-4
years. Barr Engineering, the testing laboratory conducting the cleanup, expects this site still to
be cleaned up within those normal guidelines. Koch therefore requests that the City grant a
two year extension to the Conditional Use Permit.
RECOMNN�ENllATION•
Koch has met all of the terms and conditions of the originally approved Conditional
Use Permit. I recommend that the Ciry Council grant Koch Pipeline, Inc. the requested two
year extension to their Conditional Use Permit.
ACTION REQUIRED:
If Council desires to implement the recommendation, they should pass a motion
approving a two year extension to Koch Pipeline's Conditional Use Permit as origi.nally
approved by Resolution No. 93-22 and subject to the original conditions as called out within
the Resolution.
� ��
�
Engineering Company
112arch 20, 1995
The Honorable Charles E. Mertensatto
City qf Mendota Heights
i101 Viciaria Curve
Mendata Heights, MN 55118
Re: Resolution 93-22
Dear Mr. Mertensotta:
8300 Morrnan Center Drive 555 West 27th StrEet
Minneapolis, MN55437-1026 Hibbing, MN55746
Phone: {G12) 832 2600 Pharte: {�18) 262-3465
Fax: (6y2J 832-2601 Fax: (218) 262-3460
The purpase of ihis Ietter is ta request an egtension af ihe condiiional use permit granted ta Koch
Pipeline, In.c. for the construction and operation of a sail and groundwater remediation system at the
sauthwesi corner of Trunk Highway 55 and Northland Drive in Mendota Heighis.
The ariginal gerinit (granted Agril 6, 1993? was for a period of two years, witb. provisions for aza
e�tension if the si.te cleanup was not completed withi.n that time. Cleanup at the site is conti.nuing,
but will nat be completed by Apri1 6, 1995. Koch PipeLiane, Inc. has complied with the fourteen
provisians of Resoiution 53-22, and addressed ihe seven submiiials requested by Mr. Kevin Batchelder
in his Apri18, 1993 letter to Ms. Cynthia Hoover of Koch Fipeli.n,e, Inc. In light af these facts, Koch
Pipeliue, Inc. wou3.d appreciate the opporiuniiy to present this requesi far an ea�ension at ihe Ciiy of
Mendata Heights council meeting to be held on April 4, 1995. At that ti.me, adcli�ional information
regarding the progress af ihe site cleanup can. be presented to the Council.
Please review this request. If you decide a presentation at the Apri14 cauacil meeting wauld be useful
in decicling ta egtend Resoluiian 93-22, please cantact me sa that I may make arrangements for such
a presentatian. If you have any other questions regarding this site, please call me at 832-2777.
Sincerely,
�
E. Hunt
Barr Engineering Company
c: Ms. Cynthia lIaover, Koch Pipeline, Inc.
Mr. James Danielson, City of Mendota Heights
:
CST�f 4F MENDOTA HEIGHTS
DAROT3� COUNTY, MINNES�TA ,
RESOLIITIQN NO. 93- 22
A RESOLIIT20N APPRC}VING A CONDITTONAL IISE PERMIT F4R
RQCH PIPPLTNE`S RECOVERY FACSLITY
WHEREAS, Koch Pipeline, Inc. has made application for a
Conditional Use Permit for Esser�tial Service Structure in the "S"
Industrial Zoning District to construct and operate an aviation
fuel recovery facility at the southwest corner of Northland Drive
and Highway 5S; and
WHEREAS, above described recovery facili�y is located on that
part of Section 34, Township �28, Range 23, described as folSows:
Commencing at the Southwest corner of the SE 1j4 of the SE Z/4,
thence North 19 degrees 45' West 7Q0 feet, thence east paralZel
with the South line &2 feet �o Chicago, Mi].waukee, St. Paul and
Pacific RaiZroad Company right-of-way, thence southeast on right-
of-way to the south line, thence West 217.4 feet to beginning,
except parcel 27-Q3400-012-75. More particularly, the pipeline
Iies in railroad right-of-way and the proposed recovery faciZity is
located on MnDOT right-of-way; and
WHEREAS, the required public hearing was heid at the Planning
Commission on Ma.rch 23, 1993; and
�TSEREAS, the Planning Commission recommended approval o� a
Conditional Use Permit for Essential Service Structure for Koch
Pipeline, Tnc. as proposed in letter of intent dated Ma.rch 1, 1993
and Site Plans {Sheets 1-6) dated February 12, 1993 subject to five
recommended �onditions; and �
_�,
WSEREAS, the City Council has reviewed said Canditional Use
Permit for Essential Service Structure at their April 6, 1993
meeting and f in.ds the same to be in order, subj ect ta said Planning
Commission conditions and additional conditions as follows:
1. That the Conditional Use Permit be limited to a two gear
period and that the applicant must return to Council. �or
consideration a� an ex�ension prior to the end af the two
years i� the clean-up is not completed during �he duration of
the permit; and
2. That ail appropriate reparts concerning the spi21 and cleanup
be submitted to the City �or its review incl.uding MPCA
Progress Repor�s; and
3. That Koch Pipeline, Inc. provide the City of Mendota Heights
a copy o� the permi� allawing Koch Pipeline, Inc. access on
MnDOT right of way, a copy of the NSP easement and a copy of
the Soo Line agreement; and
4. That Koch Pipeline, Snc. submit a report to the City
Engineering Departmen� every quarter �ear detailing the
progress of the recovery and cleanup; and
5. Tha� Roch Pipeline provide appropriate land�cape screening and
that a landscape plan be submitted for staff approval; and
6. That recovery operatians are limited to the proposed agreement
to haul recovered product off site and that no on-site
separation of water and produc� will occur and that pumping of
separated water znto the sanitary sewer is absolutely
prohibited; and
7. That if the recovery procedure is changed, the app3ican� mus�
come back to Cc,uncil for approval; and
8, That a six foo� {6'j chain link fence around the facility be
provided, and that the ci�.y reserves the right to require the
applicant to ins�all barbed wire on the top of the fence in
the event that vanda3ism becomes a problem; and
9. That all screening ma�erial and structures be removed within
two znonths following the granting of site closure by the
Minnesota Pollution Con�rol Agency; and
10. That the applicant must submi� a copy of the company's valve
inspection program; and
_�
11. That the vapar extraction system must be by undergrouncl
piping; and
12. That the storage tank and structures be painted to match the
color of the Ci�y Wa�er Tower, as approved by City staff; and
l3, That adequate warning signs be installed, subjec� to s�.aff
approval.
14< That the Conditional Use Permit application is from Koch
Pipeline, Inc., its successars and assigns.
N{)hT THEREFORE, IT IS BEREBY RESOLVED by the Gity Council of
the City of Mendo�a Heights, Minnesota that said Conditional Use
Permi� for Essential Service Structure will have no adverse affect
�: on �he health, safe�y and general welfare of the citizens of the
community and surrounding land; and
? :
` BE IT FIIRTHER RESOLV�D that construction of said recovery
facility is not adverse to the general purpose and intent of the
Zoning Ordinance; and
BE IT FIIRTHER RESOLVED that said Conditional Use Permit for
Essential Service Structure be approved subject to said conditions,
as described above.
Adopted by the City Council of the City of Mendota Heights this 6th.
day of April, 1993.
ATTEST:
�C"CLZ'�/��.� �� / �.r.-.��`-
K thleen M. Swanson, City Clerk
0
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By �',,,r,.� � GL(,,,,,,Y�—��--
Charles E. Mertensotto, Mayor
"" l
CITY OF MENDOTA HEIGHTS
March 30, 1995
To: � Mayor, City Council and City Administrator
From: Kevia Batchelder, Administrative Assis�
Subject: MHAA's Transitional League's Need for Fields
DISCUSSION
At the Mazch 21, 1995 City Council meeting, the Council considered constructing
two youth size fields at Resurnection Cemetery for use by the Mendota Heights Athletic
Association's (1VIIIAA) Transitional League. The Transitional Lea.gue serves children aged 7
and is the next step up from T-Ball. In past years, children aged 7 either continued playing
T-Ball or were accelerated into Coach Fitch:
Due to concerns about the water tower sandblasting and painting activities, staff was
directed to inform Catholic Cemeteries that the City would not be proceeding with this option
in 1995. The City Council directed staff to review the schedule at Mendakota Park to see if
there was raom for the Transitionai League at that location. The Mayor requested aa
inventory of fields in Mendota Heights and requested that other locations be considered for
construction of two to four youth sized fields.
Following City Council's offer to relax the previously adopted "no baseball at
Mendakota Park" policy, the MHAA has worked with staff on the potential vacant time slots
at Mendakota Park. MHAA has agreed to the use of Mendakota Park fields on Sunday
evening for the Transitional League's games. ��
In addition, MHAA has worked to reserve an additional open grass area at Henry
Sibley High School. Tlus means T-Ball can move to Sibley from Somerset School and the
Transitional League can now use Somerset School fields to complete their scheduling needs.
After 7une 2, 1995, the Transitional League may also use the Moreland School field on
Monda.y and Wednesday evenings. It appears that the Transitional League now has fields for
1995 and that all the other MHAA leagues are accommodated as well, although several of
their fields have not yet been confirmed as of this date.
Inventorv and Availabilitv
The Council was also interested in examin;ng the inventory and availability of fields
in Mendota Heights. The City controls 15 softball or baseball fields, including Sibley Park.
There are seven neighborhood parks that each have a youth baseball field. Sibley Park
includes two adult softball fields and a large baseball field. Mendakota Park has four adult
softball fields and Civic Center has one field that can fit both adult softball or youth baseball.
Attached you will find a dacument titled "City of Mendota Heights Field Inventory"
and a more detailed inventory that lists each park and its amenities. Also attached is a map
and listing of all the fields available at Sibley Park and Henry Sibley High School. Sections
5.2 and 5.3, of the 7oint Powers Agreement for Sibley Park, explain field scheduling
priorities for Sibley Park and are also attached.
Mendota Heights Athletic Association (MHAA) has provided us a list of their field
reservations for 1995. Basically, MHAA uses up to 34 fields for their various leagues,
including travelling teams. The City of Mendota Heights provides eleven fields, including
Sibley Park fields. With the addition of Mendakota Park, the Ciry could provide fifteen (15)
fields. Other fields that MHAA uses are provided by public and private schools, the City of
Eagan and the City of Mendota. MHAA pays a fee for the use of private school fields.
MHAA has reserved each of our 7 neighborhood park fields from 5 p.m. to 9 p.m.
from Sunday evening to Frida.y evening. This reservation is strictly for MHAA games, not
for any practices. MHAA reserves the 7 neighhorhaod park fields from 8 a.m. to 5 p.m. on
-Saturda.ys and they have a coordinator who schedules practices for their coaches during this
time. Finding practice fields and time is a difficulty for MHAA coaches. Civic Center field
is used by the MHAA travelling teams, St. 7oseph 5chool and St. Thomas Academy
throughout the week including Sunday evenings. Attached is a tentative schedule of the
Menda.kota Park fields for 1995. (Please note that the attached information does not contai.n
a comprehensive schedule of all fields or all organized groups. Other groups such as Sibley
Area Girls Fast Pitch use fields controlled by the public and private schools.)
Other Options for �elds
City Council desired that staff explore other options for new youth sized fields,
including Mendota Plaza and the Freeway Road area. Other possibilities might include
Friendly Marsh Park, Friendly Hills Tot Lot, Public Works Garage and Resunection
Cemetery (in 1996). City staff has contacted Paster Enterprises abou�t lacating fields on
vacant land at the Mendota Plaza. As of the writing of this memo, we have not yet received
a response. (Please see attached layout of youth fields at Mendota Plaza.)
Because we have accommadated MHAA's Transitional League in 1995, detailed
analyses of each potential site (or other sites) have not been performed. City Council should
discuss whether they desire staff to pursue the construction of additional youth fields.
MHAA has indicated that they are covered for 1995, but that there are no guarantees for
1996. In particular, their arrangements with the private schaols are on a year to year basis
and they have to make payments for these reservations. St. Croix Lutheran fields and the
two fields in Eagan have not been conf'umed for their use in 1995 and the reduction in size
of the St. Peter field may mean shifts in their scheduling (and a domino effect).
MFiAA has indicated they aze planning for growth in their leagues in 1996 and they
would like the City to continue to pursue two youth sized fields. MHAA has provided some
information regarding their programs including their registration numbers, league
descriptions and fees for 1995. (Please see attached.)
ACTION REQUIRED
Acknowledge the accommodation of fields for the MHAA Transitional League in
1995 and discuss the need for two additional youth sized fields in the future. Provide staff
with direction regarding other field options.
_�
CITY OF MENDOTA HEIGHTS FIELD IINVENTORY
PARK
Civic Center
Friendly Hills
Hagstrom King
. Ivy Hills
Marie
Mendakota.
Sibley
Valley
Victoria. Highlands
Wentworth
3/23/95
# OF FIELDS
1 -
1
1
1
1
4
3
��
TYPE OF FIELD
Adult Softball
or
Youth Baseball
Youth
Youth
Youth
Youth
Softball
2 Softball
1 Baseball
Youth
Youth
Youth
C I
RiENDiY MAR;
lAGSTRC7M KIN
IVl( HlLLS PARI
KENSINGTON
lT1
iA PA
r LAKE
�4�ARK
�ARK
l HElG
� � �i�y o�
_ � .1��iendata �-ieigh�s
1101 Victoria Curve • 1Vl.endota Heights, 1ViN • 55118 452• 1850 l��j j�' �`
MENDOTA HEIGHTS PARK AMENITIES Picnic
1 -23'X29'
1 -23'X29'
14 I Portabie
0 i Permanent
�
� 8ri M8�i8
and Cu(len
6l94
.. 5lbley Rark ,_Factllties: _ „
SPSB1 - Saftball Fleld
SPSF2 - Soccer Fleld
SPB83 • Basebali Fleld
SPS84 - Sofiba!! Fletd
Nenry Sibtay High School:
NSMF5 - Multlpurpose Fie1d
MSTC6 - Tenriis Courls 1-8
NSSB7 - Sotlba4l Field
NSB88 - Baseball Fleld
NSS�9 - Soccer Fieid �
9B - Satiball Fleld
�c • sor�aa�� �fe�d
(F{eld 9 can only accammadate
a single sport at one !lme,}
HSMF10 - MutFipurpose Fie1d
HSTA11 - George S�ielaw Track
HSSFt2 - George Stlel�w Socce:
HSMF13 - Mullipurpose Field
N
ca �
s
+�K Highway 110
Post-it� Fax Note
...�—
TO �3+.,, • f��, �
.t�m �u.c
Co 1•
Phone A '
�,- Ig �
Y Sa ..
i
..�._ . sese�.
HSTR11
NSSF12
S�s�2
' .Stoxage�
�P883
Concessiori & Eiestroom�
� SpSH4 %
.�
Scheduling Zn�orma�3.a»:
All f.�eld ze ests are la i
Parking Lot � e ng
accepted hy I.S.�. #19? Cos�unity
Education Faci.Lity Use. For
a►dditiona]. information please
call 681-2337. �
r�sta�it► •��■�� t I.S.7�. �197 ls a tobacco and alcohnt
/'ree cl�sfrlcl. Consumpfian and usa oj
Henr Sible Hf h Schoal thrsa items on schuoJ or purk grounds
����d wl/! resull !n !he cauccJln�lon oj fleld
perrnits.}
iissF9
i 1 �I�� �L
IISMF'l,3 HSMF,�!/
sB 9c !,____.-� F�.
j Hs�a�e
rSocceac/Faotball Hall Field
, i ...
� • ,� Nss��
ur f� �
Waxxfor Drive
_._.__��.
. . . , f� bley P�►vC�C
7671 �ate-�_3� �es► �
, � Froan f??o t ���
� �0�nwr� '� '
Phone A �gf r o�3�r1
fax �1 ._
• HSTC6
1 2 3 9
5 6 7 8
�arking Lat
DelaNare Ave.
n
&�enry Sibley High Sc'�ool 3ports Complex �
�laNaace Ave.� Mendo�e 8e�ight«, HN 551�8
;eighta lao3lity c Sur�ry Sib2ay High Sahcal ie dn 2.S.D. /�99' Act►ool.
� � Reviaed 092892 '
.i .
�
�
5.2 The City and the District agree that the District's educational curriculum, extra
curricular activities and athletic teams shall have priority usage of Sibley Park for classes,
after-school supervised practices and regularly scheduled matches between the hours of
7:00 a.m. and 6:00 p.m. and for a maximum of four hou�s on Saturdays from August 15
through June 1 and the scheduler will schedule accordingly.
, -
� 5.3 The City and the District agree that during other periods not referenced in 5.2, the
priority will be established as follows: 1: Organized Youth Programs of Mendota Heights;
2: Organized Adult Programs of Mendota Heights;� Organized P�ograms of the District; 4.
Organized Youth Programs of Distr'�ct residents; 5. Organized Adult Programs of District
residents; 6. Youth or Adult programs of non-residents. Priority wil� not be given to any
program that charges a non-resident fee to residents of the District.
5.4 The City agrees that the scheduler may decline to schedule an event when the parking
requirements for the proposed event could be expected to conflict with pa�king required for
a major District-sponsored event.
5.5 The parties agree that Sibley Par{c shall be treated as "school ground" as contemplated
by the alcohol control provision on Minn. Stat. sec. 624.701; that the DistricYs alcohol and
tobacco policies and regulations, and any additions or amendments thereto� shall apply to
Sibley Parfc; that the area should be appropriately posted; and that the scheduler may
withhold access from groups for alcohol or tobacxo violations. The City agrees to enforce
applicable statutes and ordinances in and around Sibley Park in the same way that they
enforce these ordinances on other school property.
6.1 During the term of this ag�eement Sibley Park shall be routinely maintained by the
District, unless other arrangements a�e mutually agreed upon. Schedules for routine
maintenance shall be agreed upon by the City and the District so as not to conflict with_
scheduled use of the facility.
6.2 The City and the District agree that the cost of minor repairs, utilities and maintenance
of Sibley Park shall be shared equally. Minor repairs shall include turf and field repair,
trash collection and routine maintenance, and minor comfort station and irrigation system
repairs.
6.3 In June of each year the City and the_Dist�ict shall mutually develop a budget for the
operation and maintenance of the athletic faciliry for the following calendar year. It is the
intent of this budget to assist in planning for the expenditures and priorities related to
reasonable maintenance, operations, repairs, overhead and administrative matters related
Mendota I �
Mendota II
Marie
Valley
Wentworth
Hagstrom-King
Vic-Highland
Ivy Falls
Friendly Hilis
Pilot Knob
McKee
Visitation
St. Peter
Sibley I (Marie)
Sibley IV (Delaware)
Sibley High School 67
St. Thomas
Mendakota
Mendakota
Mendakota
Mendakota
Sibley E
Sibley W
St. Croix Lutheran N
St. Croix Lutheran S
Moreland (after June 2)
Somerset
Somerset
MHAA BA
MON
AL
AL
JV
JV
JV
JV
AL
AL
AL
SEBALUS
TUES
BCP
BCP
SCP
SCP
SCP _
SCP
BCP
BCP
NL
OFTBALLI
WED
AL
AL
JV
JV
JV
JV
AL
AL
AL
=1ELDS 19
THURS
BCP
BCP
SCP
i SCP
' SCP
SCP
BCP
BCP
NL
JV SCP JV SCP
AL BCP AL BCP
VAR NL VAR NL
VAR NL VAR NL
TNT BCP TNT BCA
VAR VAR
VAR
VAR
AL
TNT
TNT
TNT
NL
VAR
VAR
NL
TNT
TNT
TNT
Key to chart:
BCP Baseball, Coach Pitch Ages 8-9
SCP Sotfball, Coach Pitch Ages 8-9
AL American League, Baseball Boys 10-11
NL National League, Baseball Boys 12-14
JV Junior Varsity, Softball Gi�ls 10-11
VAR Varsity, Softball Girls 12-14
TNT Transitional League Age 7
Schedule does not include travelling teams or T-Ball
_�
95
FRI
SAT
SUN
BCP
BCP
TNT
TNT
TNT
TNT
Field 1
Field 2
Field 3
Field 4
Field 1
Field 2
Field 3
Field 4
SUNDAY
3-5 PM
5-9 PM
MHAA Trans.
MHAA Trans.
MHAA Trans.
MHAA Trans.
W�mens D
C�-Rec D
M�n's D
M�n's C
Mens' over 30
MONDAY
3-5 PM
Visitation
Visitation
5-9 PM
MHAA Softball
Sibley/Mens C
Mens C
Mens C
6 teams
6 teams
8 teams
8 teams
10 teams
38 teams
,
�
MENDAKOTA PARK FIELD RESERVATIONS
TUESDAY
3-5 PM
Visitation
Visitation
5-9 PM
Mens D
Womens D
Mens D
Womens D
10-15 players each
10-15 players each
10-15 players each
10-15 players each
10-15 players each
400 + participants
WEDNESDAY
3-5 PM
Visitation
Visitation
5-9 PM
MHAA Softball
Sibley Girls
Co-Rec D
Co-Rec D
THURSDAY
3-5 PM
Visitation
Visitation
5-9 PM
Mens over 30
Mens over 30
Mens over 30
Mens over 30
FRIDAY
3-5 PM
Visitation
Visitation
5-9 PM
:�
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MENDOTA HT� �ATHLETIC ASSOCtATtON PRELIMtNARY 1995 ���tING SPORTS REGISTRAI'iCiN 28-Mar-95
T BALL
LV1
LV2
TlVT
St1FTHALI
CP
JRV
VAR
BASEBALL
CP
AMER
NAi
TAAV
so�ra�
T-BALL
SQFTBALL
BABEBAtl
TAACK%i�N
. + 'i
- BASEBALI, & T-BALL REGISTRATION INFORMATION � � � `�
BORN BETWEEN AGE REG FEE* ' LEVEL TOURNAMENT** TRA,VELLING** �
, �:�;
. . .. .. .i_ •,
8/1l$9 - 7/31/90 5 $15.00 �T-BALL (L 1} N/A NlA� �` },, � . ��.' ,.�,
. ' . . ;.�
8/1/88 - 7l31l89 6 �15.40 T-BALL {L 2} NlA NiA �� �;� `
$/1i87 - 7i31/88 'I �25.00 T-BALL (TNT} N/A NIA .
8/1J86 - 7131/$7 8 �45.00 COACH PITCH . NO NO
$11/85 - 7/31/86 9 $45.00 COACH PTTCH NCl NO
8/1l84 - 7/31/85 10 $60.OQ AMERICAN LEAGUE YES NU
8l1/83 - 7/31/84 11 �60.00 AMERICAN LEAGUE YES NU
8/1/$2 - 7/31/83 12 �70.00 NATIUNAL, LEAGUE YES A
8/1.I$1- 7131/82 13 $70.00 NATIUNAL LEAGUE YES A �
8/1/84 - 7/31/81 14 570.00 NATI4NAL {W/ WAIVER} NO A&B
8/1/79 - 7/31/8� 1s $70.0o NQ � NU A&B .
8/]./7$ - 7/31/79 16 �70.0o N4 NO B
. �� ,
8/1/77 - 7131/78 i� �7o.oa No No s
* REGISTRATION FEE INCLUDES PICTUES. '
** AT;DiTIC3NAL FEE CHARGED FUR TOURNAMENT & TRAVELLING TEAM COST
LATE FEE CHARGED AFTER MARCH 11, 1995 ��
NO REFUNDS AFTER APRIL 24, 1995 �,
Mendota Heights Athletic Association
MENDOTA HEIGHTS BASEBALL
TRANSITIONAL `TNT" LEAGUE - AGE 7
(Under Direction of MHAA t-Ball)
* Games played Monday and Thursday with some week-end practices.
* Emphasis is on learning to bat & catch a thrown ball; Field ground bails; Run
bases; proper throwing mechanics.
* Director: Sue Hanson 688-2938
COACH PITCH - AGE 8& 9
* Games played on Tuesday and Thursday with some weekend practices and
an occasional weekend game are possible.
* Emphasis is on batting a thrown ball; Fielding grounders and fly balls;
Throwing and covering bases; Playing catcher.
* Directors: Greg Lentsch 686-8238 and Ken Kaiser 687-9276
AMERICAN LEAGUE - Age 10 & 11
* Games played Monday and Wednesday with practice on weekends.
Occasional weekend games are possible.
*Emphasis is on pitching with speed and control; Batting to all fields; Bunting;
Stealing bases; Team defense.
* Director: Marty Willow 456-9082
* Tournament teams are available for 10 & 11 yr olds.
'1
NATfONAL LEAGUE - Age 12 & 13 ( 14 yr that are not on "B" traveling)
* Games are Tuesday, Wednesday, Thursday, and some weekends; Practices
on weekends.
* Emphasis is on more competitive play with development of all baseball skills
and knowledge. Rules are similar to State High School Rules.
* Director: Tom Glynn 450-5644
*�Tournament & Travel teams are available at ages 12 , 13.
�
Mendota Heights Athletic Association
MHAA
TRAVELING AND TOURNAMENT
BASEBALL
TRAVELING BASEBALL
Play week nite league games and weekend tournaments. These are our
most competitive and Committed players. The following teams are
offered;
"A" Level- 12, 13, 14, 15, (one team per level)
"B" level- 14/15, 16/17 yr old (The number of teams determined
by interest , skill level and facilities available)
There is an additional fee of approximately $125.00 per player to cover
league and tournament cost.
TOURNAMENT TEAMS
They will play 3- 5 week end tournaments. All tournament team players
must also play in their respective in house leagues. Teams are offered
for ages 10, 11, 12, 13. The number of teams will be determined by
interest and skill level. There is an additional fee of approximately
$10-$15 per tournament per player.
TRYOUTS
Players earn roster positions through try out eva�l�ations. Tryouts will be
held in April. Players will be called and advised of tryout times and
places. All travel and tournament teams at each level will tryout as a
group.
BE SURE TO SIGN UP ON SEPARATE TRAVEL/TOURNAMENT TEAM
SHEET AT REGISTRATION.
REMEMBER: YOU MUST ALSO GO TO YOUR AGE GROUP
EVALUATION.
5. � .
� L�I�
11 I'
uu
Mendota Heights Athletic Association
MENDOTA HEIGHTS BASEBALL
AGE GROUP EVALUATIONS
EVERY ONE MUST ATTEND
Age 8- 9 Saturday April 1
Age 10-11 Saturday April 8
� Age 12-13 Sunday April 9
All players must attend their designated evaluation sessions. These sessions are also
for traveling team candidates.
WHERE : SIBLEY HIGH SCHOOL GYM
WHEN: REPORT AT THE.FOLLOWING TIMES. LAST NAME BEGINS WITH:
A - B 12:30
. C-E 1:15
F- G 1:45
H -K 2:15 ��
' L - M 2:45
N-P 3:15
Q - S 3:45
T- Z 4:15
MAKE SURE YOU BRING YOUR GLOVE. WEAR WORK OUT CLOTHES AND
TENNIS SHOES. IF YOU WOULD LIKE BRING YOUR OWN BAT.
�
IU'I
�I..I�
U;�I
Mendota Heights Athletic Association
MHAA BASEBALL CALENDER
AGE GROUP EVALUATIONS (Everyone in these ages must attend)
AGE 8. - 9 SATURDAY APRIL 1, 12:30 - 5:30 SIBLEY GYM
AGE 10-11 SATURDAY APRIL 8, 12:30 - 5:30 SIBLEY GYM
AGE 12-13 SUNDAY APRIL 9, 12:30 - 5:30 SIBLEY GYM
*PLEASE REPORT AT TIMES ASSIGNED BY LAST NAME.
TRAVELING AND TOURNAMENT TEAM TRYOUTS
AGE 10-11 WEEK OF APRIL 24, Players to be notified of time & place.
AGE 12 -15 APRIL 10 - APRIL 23, Players to be notified of time & place.
AGE 16 - 17 TBA
TRAVELING and TOURNAMENT TEAM SELECTION
Age 10-11 Week of May 1, 1995
Age 12-15 Week of April 24, 1995
IN HOUSE DRAFf
All leagues week of April 24, 1995
LAST DAY TO APPLY FOR REFUND
All players Monday , April 24, 1995
ALL TEAM ASSIGNMENTS l
Travel, Tournament, In house will be notified no later than April 30.
IN HOUSE SCHEDULE
Practice week May 1- May 6
League Play Begins May 8
Playoffs July 10 - July 14
Super Saturday July 15
TRAVELING
Practice Begins May 1, 1995
League Play Mid May through June, depending on age level.
State MYBA Aug 11 - 13
SUPER SATURDAY IS JULY 15, 1995. PLAN SO YOU CAN ENJOY THIS
COMMUNITY EVENT
CITY OF MENDOTA HEIGHTS
- MEMO
March 29 99
T0: Mayor, City Council and City Admini�
FROM: Kevin Batchelder, Administrative Assis n
SUBJECT: Athletic Stadium Ordinance
DISCIISSION
At the March 29, 1995 Planning Commission meeting, a public
hearing was held to consider a Zoning Ordinance Amendment that
would provide�additional controls and standards for Athletic
Stadiums. City Council had reviewed a draft Ordinance at their
March 7, 1995 meeting and had ordered the Planning Commission to
conduct this public hearing.
At the public hearing, the Planning Commission fine tuned the
proposed Ordinance language for the final draft. (Please see
attached Proposed Ordinance). Most of the changes, since Council
last reviewed this Ordinance, were for clarification purposes and
are minor in nature. A significant change has been the addition of
Section 21.6(9) which would make all existing stadiums in the City
subject to the requirements of the new Ordinance, in particular the
annual licensing requirement. The City Council may wiah to discuss
this retroactive requirement with the City Attorney regarding its
impact and enforceability on existing stadiums.
There were no members of the public present during the
discussion of this Zoning Ordinance Amendment for Athletic
Stadiums. The Planning Commission felt it wa� appropriate t:hat
notice be provided to the three area high schools that Council will
be considering this item Tuesday evening. A Zoning Ordina�nce
Amendment requires a four fifths majority vote by Council for
adoption.
RECONIlKENDATION
The Planning Commission voted unanimously (6-0) to recommend
that City Council adopt the attached proposed Zoning Ordinance
Amendment for Athletic Stadiums.
ACTION REQIIIRED
If the City Council desires to implement the Planning
Commission recommendation, they should pass a motion to adopt
Ordinance No. , AN ORDINANCE AMENDING ORDINANCE NO 401, and
direct staff to formally publish the new Ordinance.
Mi��3�:i;�:
�= 3
_ CITY OF MENDOTA HSIGHTS
DAKOTA COIINTY, MINNFSOTA
ORDINANCE NO.
AN ORDINANCE AI�TDING ORDINANCL NO. 401
The City Council of the City of Mendota Heights does hereby ordain
as follows:
SECTION 1 Ordinance No. 401 known and referred to as "Mendota
Heights Zoning Ordinance" is hereby amended in the
. following respects:
Section 7.2(11) should be added to those uses listed as Conditional
Uses in Section 7.2 of the "R-1" - One Family Residential District
to read as follows:
7.2 (11) Athletic Stadia when in conjunction with a school
as per the provisiona in Section 21.6.
Section 19.2(14) should be added to those uses listed as
Conditional Uses in Section 19.2 of the "I" - Industrial District
to read as follows:
19.2(14) Athletic Stadia when in conjunction with an
institution or commercial enterprise as per the
provisions in Section 21.6.
21.6 ATHLETIC STADIIIM
_�
Athletic Stadium: For purposes of this Ordinance, an Athletic
Stadium is an outdoor facility associated with a school,
institution or commercial enterprise that is used for athletic
competition or training and has spectator seating and is, a)
lit by artificial means, b) uses a public announcement system
to communicate to spectators or c) has a spectator seating
capacity of 500 or more.
Athletic Stadia require a Conditional Use Permit in all
districts subject to the following regulations:
21.6(1) Location. Athletic Stadia shall be located no closer
than 600 feet from a residential structure. The stadia
must be located on a thoroughfare as identified in the
City's approved transportation plan within the City's
Comprehensive Plan.
i� "�
21.6(2) Liahting License Required. In order to ensure that
lights have minimal impact on adjacent areas, a yearly
lighting license is required. Before such licens�� is
issued, the following standards must be demonstrated:
a. Al1 exterior lighting shall be designed and
arranged so as to not direct any illumination �upon
or into any contiguous residential districts.
b. No exterior lighting shall be arranged and desi��ned
so as to create direct viewing angles of �the
illumination source by pedestrian or vehicizlar
- traffic in public right-of-way.
c. Lenses, deflectors, shield, louvers and prismatic
control devices shall be used to eliminate nuisaince
and hazardous lighting.
d. Reflected glare from exterior
directed into any adjoining
glare or spill light may
candles as measured on th
abutting residential land.
lighting shall not� be
property. Reflec:ted
not exceed 0.5 f°oot
e property line �,rhen
e. The application for the yearly lighting lice�nse
shall be submitted not later than June 1 in e�ach
year on forms provided by the City. In additiorx to
demonstrating compliance with the foregoing
standards, the application shall set forth with
particularity the dates, times, hours of operation
and nature of all events during the ensuing year
(October 1 to September 30) for which it is
proposed to use lighting or the public address
system or the expected attendance is 500 or more.
-1
21.6(3) Parkina. One (1) automobile parking stall for evr�ry
three seats or six feet of bench shall be provided. i�ne
(1) bicycle parking stall for every thirty seats or si:Kty
feet of bench shall be provided. Such off-street park:ing
shall be located within 600 feet of main entrance ��nd
� located on a major thoroughfare as indicated on i�he
City's approved transportation plan.
21.6(4) Amplified Noise. All public announcement systems sh��ll
be located such that they pose minimal impact on adj acE�nt
residential areas. This can be done through the use of
baffles and the use of smaller, quieter speakers locat:ed
throughout the stadia directing noise away fz`om
residential areas. The applicant must meet state noise
standards (listed below) and demonstrate how t:he
applicant intends to accomplish amplified noi.se
reduction.
� ' l'i
State Noise Standards
Daytime (7:00 a.m. to 10:00 p.m. - 65 dB for 6 minutes in �
a one hour t ime span .
Nighttime (10:00 p.m. to 7:00 a.m. )- 55 dB for 6 minutes
in a one hour time
span.
21.6(5) Landscaping and Architecture. All accessory buildings
shall be architecturally designed so as to be compatible
with the general architectural intent of the_area in
which it is located. A landscape plan, building
materials, color and design plan shall be submitted and
reviewed by the Planning Commission and City Council.
21.6(6) Restrooms. Permanent restroom facilities are required.
As an alternative, portable facilities ma.y be used if
located in a well designed permanent structure. Such
structures shall be architecturally designed so as to be
compatible with the general architectural intent of the
area in which it is�located. There shall be adequate
restroom facilities to accommodate maximum stadia
capacity.
21.6(7) Construction. The stadia shall adhere to all building
code regulations including type of materials used, safety
design of bleachers, location and size of storm shelters
and emergency access.
21. 6(8) Fencincr. The stadia shall be fenced by an eight foot
vinyl clad chain link fence, or approved substitute. The
fence line location shall define the stadia edge for
purposes of ineasuring 600 foot distance as provided for
in Section 21.6(1). -�
21.6(9) A�plicability. This Ordinance shall apply to all stadia
within the City now in existence and to those which by
reason of construction or alteration after the date
hereof fall within� the definition of stadia herein
provided.
21.6(10) Other conditions. The City reserves the right through
its police ,powers to apply other conditions to the
Conditional Use Permit including but not limited to
number of security personnel and safety officers, seating
capacity, number of events, hours of operation, and
number of night events. Such conditions ma.y be imposed
at the time that a yearly license is renewed.
SECTION 2 This Ordinance shall be in full force and effect from and
after its publication according to law.
Enacted and ordained into an Ordinance this 4th day of April, 15►95.
ATTEST
Kathleen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEiGHTS
By -
Charles E. Mertensotto
Mayor -
-�
0
APR-04-1995 15�19
Development/Alutnmi
(61.2) 4540d90
April 4, 1995
. � .
A�AI�ElV.IY
�
Mr. Tom iawell
�ity Admi�aistrator
City of Mendota Heights
1141 V�ctoria Curve
Mendota Heights, MN 55118
Llear Mr. Lawell:
612 454 4570 P.02�02
�,�� �(�a�� � �
aaministrative offices
{G12) 454-4570
Saint Thomas Academy rec�ived no�icc on April 3rd that a proposed
ordinance regarding stadiums would be on the agenda for the City Counc;il
Mceti.ng on Tuesday, April 4th. Since this proposed ordinance is
retroactive and would affect Saint Thomas Academy, we are asking that �
any decision be postponcd so that we have amgle time to discuss this �
matter with the appropriate people. �Vt�e feel that a one day notice is no�t
enough time eo formulate Qur positian on this important issue.
r
Due to the short notice repres�ntacives of Saint Thomas Academy will n�at
be able to attend this meeting.
..�
Thank yvu for considering our request.
Sincerely,
�L
Jack Zahr
Athletic Director
7WZljs
c
949 Mendata Heights Road . Mendo�a Fl�hts ., N�innesnta . 5512� ._
Snint 7'homus Academy - prenaring young rn�n to succcad in collcga ar�d in lifc, �
TO'TAL P.02
0
`M T
CITY OF MENDOTA HEIGHTS
March 31, 1995
To: � Mayor, City Council and City Administrafor
From: Kevin Batchelder, Administrative Assist�
Subject: Annual Clean Up Event
DISCUSSION
In 1994, the City Council expressed a desire to have aa Annual Clean Up event. ;
This was considered during the 1995 budget process and the Recycling Budget incorporated
an additional $1,000 of funding to offset any costs associated with a Clean Up event. Th:is
funding was provided through the Dakota County Landfill Abatement Funding that we �
receive each year for waste abatement and recycling practices. (Please see attached budg�;t.)
This item is on your agenda for discussion purposes. I would find it very helpful ;for
City Council to provide some parameters about your expectations for this event. As
Recycling Coordinator, I am aware of how other cities have conducted annual clean ups and
I have parkicipated in the County Household Hazardous Waste Clean Up Days (which are no
longer held). What I don't know are your expectations for the event. �
1�rpically, an event such as this is conducted at a central lacation and people drop �ff
materials which have been specified. A Saturday from 9 a.m. to 3 p.m. should be suffici��nt.
Traffic control is usually necessary and it should be limited to residents of Mendota Heigh�ts
only. I would suggest limited marketing to our residents only. This could be accomplishE;d
through the newsletter, or by direct mailing. -�
Lakeville, Hastings and Inver Grove Heights have programs with annual or bienni��l
clean up da.ys. They establish a drop off site(s) that are staffed by Public Works employee;s.
Traffic control is necessary. The materials they collect are scrap metal, auto batteries, tire:s,
and used motor oil. Large appliances, such as stoves, refrigerators, etc. are picked up at
curbside by a vendor and are not brought to the central drop off area. We conducted an°
appliance pick up day on October 11, 1994 and it worked quite well. (See attached.) �
Other items may be added, depending on their disposal costs and whether or not �
vendors or haulers are willing to collect them. City Council should discuss their intention;�
for this event and considerations should be given to where, when, and how. I will be furtlier
prepared to discuss logistics and waste abatement on 1�esday evening. �
ACTION REOUIRED
Discuss annual clean up event and provide directions to staff.
' �ta'��',
.�l 1► �I M. � ►
��
PLTRPOSE
�'Y� . ��� . .A��.. ' . ,� .. ��i�����.�
�i ' ♦
r
DF�'AR'I'MENT
Recycling
� . J ► � : �J1��/M11
�:
MAJOR OBJECTTYES FOR 1995
The purpose ofthe recycling activity is to maintain a local pro- 1.
gram of encouraging the recycling af salid waste, and ta create op- 2.
portunities thezefor, and to admznister and monitor the City's 3,
Curbside Recycling Pragram. This is in compliance with the L1a- 4,
kota Countymaster plan. �,
DESCRiPTION
For 1995, 25% of the time far an Administrative Assistant will ba
ailocated for directing and monitoring the solid waste recycling
program, in complianee with CountyguideIines. �
Dakota Caunty is requiring mandatory recycling in 1995, and recy-
cling containers will ba provided ta residents to participate in the
curbside recycling program through their contracted rubbish
hauIer. The haulers are licensed to provide recycling services and
receive reimbursement for pxoviding recycling service. �
Further components wiit be impiemented during the y�ear, Dakota
Countywill provide major fundizig and 'zs increasing the municipat
requirements far the three year funding cycle beginning in 1995.
To assist Dakata Caunty'vn implementingmandatoryreoycling.
To increase participation in v�oluntary curbside program to 1Qfl%.
To work with Dakota Countyto implement commerciaUindustrial component.
To add additionat recyclables to be collected by licensed haulers.
To increase education and pramotion in the community on solid waste recycling,
reductian afwaste and re-use apportunities.
WORK MEASURES AND GOALS
1, Tons recyGled.
2. % of solid waste recycled,
residential.
3. No. ofhousehalds participating.
4. Yard waste coltected {tons)
I99d 1994 1995
1992 � 1993 YTD ANTIC. ptu''"•-
1,263 1,3$5
32% 33%
3,300 3,400
425 42S
1,544 1,5�
35% 35
3,400 3,50t
200 425
FORM 0-2
BUDGET
1994
1992 1993 1994 TO
RECYCLING ACTUAL ACTUAL BUDGET 6/1/94
Personal Services 10,730 10,270 11,000 4,150
Contractual Services 2,150 0 0 ! 0
Commodities 460 2,190 2,200 290
Other Charges 60 60 0 0
Capital Outlay* 0 0 0 0
TOTAL 13,400 12�520 13,200 4,440
*
,
�
1994 1995
ESTIMATE BUDGET
11,000 11,330
0 0
2,200 4,100
0 0
0 0
13,200 15�430
t;
�
L.�J
�
1�
FORM 0-4A
BACK-UP DETAIL FOR CONTRACTUAL SERVICE _
• COMMODITIES �C
OTHER CHARGES _
(CHECK ONE)
. 85
: �
Maintenance
LINE
ITEM LINE ITEM DETAIL COST
4268 Newsletter 400
4318 Posta e, Printin , Publication ' 2,500
4415 Milea e 200
4220 Communi clean-up 1,000
_�
TOTAL 4,100
r. ,
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� ��� j j � i
�r�/ i � �
i,���R,S
� 8980 Jefferson Tr. W., Inver Grove Heights, Miv 55477
Telephane (612) 454-9215 Fax (612) 454-8345 (800� 35$-6563
�t�,ber 19, 1994
City of Mendata Heights
X101 Victaria Curve ,
Mendota Heights, •MN 551.18
gE: Major Appliance Recycling Sta�istics, 1994
Attn: Kevin Batchelder �
Admini.strative Assistant
Dear Kevin
Enclosed is the s�atistical data sheet showing the number of appliances
collected and processed for the Fall, 1994 cleanup from yaur city.
A tatal of 42 appliance� were recycled which represents 4,890 pounds,
or {2.45 Tons). Based upon�the current tipping fees, this represents a
value of $162.00 in reclaimedJrecy�led ferrous and non-ferraus meta].s.
additian, your residents saved over $420.00 by utilizing the speci�al €ee
_ther than if they were picked up individually at ($20.00} each. Th�e total
value of your recycling program would then be approximately $582.00. '
We wpuld like to congratulate you and your sta�'f on a fine effort for yaur
community. �
We would also like to personally thank you for the oppbrtunity to be nf
service. We enjoy warking with you ta assure you of continued sucees:�
with your white goods recycling program.
Please call (612) 454-9215, or our 1-800-358-6563 �o11-free number for
assistance at any time thruaut the year.
Personai regards.
�%���-r. 4%'�.,s ,,,.
Ron 2e�,en �
Vice Presidenti
;�
Enci. "
PC:fi].e '
Diane Howard, Dist 13
■
.V���%'' `
Dutch Shults
Marketing Consultant
f'+ � i�.-.1 ��"' �!'"� 1
'�'��J �C a
• Printed on Recyc(ed Paper •
�
t
� a �
i ��� ��
8980 Jefferson Tr. W., Inver Grove �Ieights, MN 5S0??
�lephone (612) 454•9215 Faac (612) 4548345 (S00) 358-6563
9
STATISTICAL DATA SHEET SHOWING APPLIANCES RECYGLED
FC?R MENDO'PA HEIGHTS GLEANUP
SEP/10/1994
Agpliance
Air Conditioners
Dehumidifiers
Da.shwashers
Dryers
Freezers
Furnaces
Garbage Disposals
Humidifiers
Micrawaves
Refrig E3ectric
Refrig Gas
stoves
Trash Compac�ors
Washers
Water Heater�
Miscellaneou�
Totals:
� Units
1
5
4
4
1
0
z
3
5
5
a
2
0
4
3
3
42
Pounds
130
200
340
520
235
0
60
120
30p
1,175
0
350
0
800
390
270
4,890
• Prinied on Recycled Paper •
�
� • _• ` _„'�. �. ,- , tJ"" . .4
�
.
t �,! _
---�
Percentage
2.38%
11.90�
9.52%
9.52%
2.38�
0.00°�
4.76�
7.14°s
21.904
11..gQo
a.oao
4.760
O.Ooa
9.52b
7.14�
7.14�
i00 a
0
�
�atu�rciay, l��ay �, �995
at tkie Pubiic'Warks Maintenance Facili�y
44Q �ast �Ziehmond
�.--� Please Note: Site tnay
��ti;�� clase early if all allocated
hauling fees are spent.
Acceptable 1Vlateriais
{C'harges t� be applied per ite�n}
Car Tires .......................................... $1.04
Household Appliances ..................... $7.00
Air Conditioners ............................. $15.00
Fumiture .......................................... �2.00
Mattresses ........................................ $2.00
Scrap Metals ............... Volume Based Fee
{�°AI1 non-metai iteins must be removcd}
Televisions/VCR's ............................ $6.OQ
MiscellaneousJunk ..... Volume Based Fee
Motor Oil ................................. No Char�e
Brush ........................... Vc�lus��e Basec3 Fc�.c
9:00 a.m. to 3:OQ p.m, '
Reduce.
�
Reuse.
Take advantage of the City-w;ide spring
clean-up day to clean out tl;�e garage,
storage areas, and tid�� up ��ome and
yard.
I.,itnit�d to car; pick-up t�uci:� and sinall
traiier�. No coniractors or co�nmercial
cf eE3r��; ������ �ie a�ce�t�cE. �.esic�e�t�ial czn�y.
'" ���
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rvice
nter
Rec cle.
v
�'��� r���d.�n`cy
�V�.�l �e �"'eqlu��r�(�.
Make it second na�tu�e!
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