1994-09-06��
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CITY OF N�TDOTA HEIGHTS
DAROTA COIINTY, MINDTF;SOTA
AGENDA
September 6. 1994 - 7:30 P.M.
1. Call to Order
2. Roll Call
3. Agenda Adoption
4. Approval of August 16 Minutes
5. Consent Caleadar
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Acknowledgment of the August 23 Planning Commission
Minutes.
Acknowledgment of the August 24 Airport Relations
Commission Minutes.
Acknowledgment of the Building Activity Report for
August.
Approval of Dodd Road/Mendota Heights Road Traffic Signal
Agreement - RESOLIITION NO. 94-53
Approval to Issue Sign Permit for D.D.'s Dance Studio
located at Mendota Plaza.
Approval to Appoint Probationary Firefighter to the
Position of Firefighter.
Approval to Appoint Three Probationary Firefighters.
Acknowledge Information Regarding Speed Limit on Delaware
Avenue (CSAH 63).
Acknowledge Receipt of National League of Cities Congress
of Cities.
Approval of Joint Powers Agreement for the Special
Assistance Grant Program and Authorization to Issue a
Purchase Order.
Approval of Joint Powers Agreement - Colony Townhome
Storm Water Improvement.
Approval of Preliminary Budget and Tax Levy for 1995 -
- Resolution Adopting Proposed Budget
- RESOLIITION NO. 94-54
� Resolution Approving Tent ve 1994 Levy Collectible
in 1995 - Ri�SOLIITION NO. �55
- Resolution Approving Final 1994 Tax Levy for Special
Taxing District No 1 Collectible in 1995 -
RESOLIITION NO. 9�-56
Approval of RESOLIITION NO. 95 57 - Resolution Urging the
State of Minnesota and the Metropolitan Airports
Commission to Negotiate a Rapid Conversion to an All
Stage III Quieter Aircraft Fleet at Minneapolis/St. Paul
International Airport.
Approval of the List of Contractors.
Approval of the List of Claims.
End of Consent Calendar
6. Public Comments
7. Bid Award
a. 1994 Street Overlay Project
S. Hearinqs
a. Assessment Roll Hearings:
a. City Improvements Installed by MnDOT in Conjunction
with the Mendota Interchange Project (Improvement
No. 84-2C) - RESOLIITION NO. 94-58
RESOLIITION NO. 94-59(Resolution
Deferring Payment of a Portion of
Assessments (Improvement No. 84-2C)
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Ivy Keep North Public Improvements (Improvement No.
92-1) - RESOLIITION NO. 94-60
London/Downing Area Street Reconstruction
(Improvement No. 92-3) - RESOLIITION NO. 94-61
d. Watermain Installed by the City to Provide Water to
the St. Peter's Church and the City of Mendota
Water Distribution System (Improvement No. 84-2A) -
RESOLIITION NO. 94-62
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e. Utilities �to Serve Associated Bureaus and the
remaining MAC Lots (Improvement No. 92-4) -
RESOLIITION NO. 94-63
9. IInfiaished and New Business
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Case No. 94-17: Lentsch - Rezoning -
RESOLUTION N0. 94-64
Case No. 94-23: Metro II - Variances
Case No. 89-26•
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d.`��� Discuss Pentel
Antenna/Tower.
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ISD No. 197 - CUP for Temporary
Classrooms
Variance Application to Erect
Discuss Proposed Revisions to Approved St. Thomas Academy
Plans for Fence Location and Concessions Building.
Discuss Appointments to the Friendly Hills Task Force.
Discuss Mendota Interchange Road Noise Co urs.
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� 10. Council Comments
11. Adjoura
Auxiliary aids for disabled persons are available upon request
at least 120 hours in advance. If a notice of less thaa 120
hours is received, the City of Meadota 8eights will make every
attempt to provide the aids, however, this may not be possible
on short aotice. Please coatact City Admiaistration at
452-1850 with requests.
CITY OF MENDOTA HEIGHTS
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� MEMO i
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� September 6, 1994
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'T0: Mayor and City Council '
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FROM: Tom Lawell, City Administrator '
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SUBJECT: Add On Agenda for September 6 Council Meeting
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Please find attached a corrected copy of the Resoluti.on
Approving Tentative 1994 Levy Collectible in 1995. `
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CITY OF MENDOTA H$IGHTS
DAKOTA COIINTY, MINNF50TA
RESOLtJTION NO. 94-
RFsSOLIITION APPROVING TENTATIV�3 1994 LEVY COLLLCTIBLFs IN 1995
�PHSREAS, the 1990 State Tax Levy Law requires the City of
Mendota Heights to certify a tentative Tax Levy for the year 1994
prior to Septembe� 20, 1994; and
WHLREAS, the Levy ma.y be adjusted prior to December 20, 1994
� to an amount not to exceed the adopted tentative Levy. ;
� NOW THEREFORE BE IT RESOLVED that the City Council adopt the
following tentative Levy for tax against all taxable property in
the City of Mendota Heights for collection in the year 1995:
General Fund
Emergency Preparedness
, Fire Relief
Infra Structure Reserve
Watershed District
Legal & Contingency Levy
Total General Levy
subject to Limitation
Special Debt Levies
MWCC Sewer Debt
Equipment Certificates
Park Bonds
Improvement Bonds
Total
1995
PRELIMINARY
$2,322,204
1,000
18,900
50,000
-0-
60,000
$2,452,104
$ 30,000
100,000
320,000
17,400
$ 467,400
Total Tentative Levy $2,919,504 �
; Anticipated HACA Aid $ 468,056 '
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Net Tentative Levy Certified $2,451,448 �
' BE IT FIIRTHER RESOLVED that the Levy shall be amended
following budget hearings to reflect the adopted City Budget.
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' BE IT FIIRTHLR RESOLVED that the City hold a public hearing on
Tuesday, December 6, 1994 at 7:30 o'clock P.M. for the purpose of
considering the proposed budget and levy with a second hearing to
be held at 5:00 o'clock P.M. on Wednesday, December 7, 1994.
, Adopted by the City Council of the City of Mendota Heights this 6th
day of September, 1994. ;
� CITY COUNCIL ;
CITY OF MENDOTA HEIGHTS
ATTEST:
Kathleen M. Swanson
City Clerk
By
Charles E. Mertensotto
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CITY OF MENDOTA H�IGHTS
September 6, 1994
T0: Mayor and City Council
FROM: Tom Lawell, City Administ
SIIBJECT: Police Department Mobile Digital Terminal
Late today I was contacted by Councilmember Krebsbach who
asked me to prepare a memorandum to the City Council regarding
the Police Department's recent request to purchase a Mobile
Digital Terminal (NIDT). This item was originally included as
part of the Police Department's 1995 budget request, but was
eliminated as part of our budget balancing effort. Councilmember
Krebsbach would like to reconsider the NIDT purchase request.
An NIDT is a small computer device which allows police
officers to communicate, via a keyboard and screen, with other
computers and NIDTs linked to the system. The NIDT is typically
used by officers to query the State's motor vehicle data files to
check license plate registrations. The NIDT can also be used to
communicate between squad cars in cases where verbal commun-
ication over the radio waves is not advised.
Currently the City has one squad car equipped with an NIDT
and the Police Department would like to continue to acquire NIDTs
at the rate of one per year. Other cities within Dakota County
are also adding NIDTs to their squad cars. Reports from'our
department and others indicate that the technology has proven
both workable and beneficial.
Given the added capabilities and extra measure of officer
safety afforded by NIDTs, Councilmember Krebsbach would like to
accommodate the Police Department's request to acquire an
additional NIDT in 1995. I have discussed this matter with Chief
Delmont and he too would like to be able to buy an additional
unit in 1995. Further, he believes that the cost of the unit,
approximately $5,000, could be funded from other sources within
the Department's 1995 budget. In other words, the total dollar
request from the Department does not have to be amended�to
accommodate the purchase-- he will find the $5,000 within the
existing 1995 budget request. I
If Council agrees that the purchase of an additional NIDT is
appropriate, the Police Department will be instructed to plan for
its acquisition in 1995. No changes in the Department's budget
or in the City's overall Preliminary Levy are necessary,.
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Page No. 4111
August 16, 1994
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, August 16, 1994
Pursuant to due call and notice thereof, the regulazineeting 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, eouncilmembers Huber, Koch and Smith. Councilmembers Krebsbach had
notified the Council that they would be out of town.
AGENDA ADOPTION
Ayes: 4
Nays: 0
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APPROVAL OF MINUTES
Ayes: 3
Nays: 0
Abstain: 1 Koch
Councilmember Smith moved adoption of the revised agenda. for the
meeting. I
Councilmember Huber seconded the motion. !
Councilmember Huber moved approval of the minutes of the August
2, 1994 regulaz meeting with corrections. k
Councilmember Smith seconded the. motion. �
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CONSENT CALENDAR Councilmember Huber moved approval of the consent calendar for
the meeting, revised to move items Sk, Ivy Keep North final plat, Sn,
NDC-4 budget, and part of 51, preliminary assessment roll
information on ivy Keep North, to the regulaz agenda, along with
� authorization for execution of any necessary documents contained
therein.
a. Acknowledgment of the minutes of the August 9, 1994 Parks
and Recreation Commission meeting. ;
b. Aclaiowledgment of the Fire Department monthly report for
July.
c. Approval to issue a purchase order for new play components
and modifications to the play equipment area at Wentworth
Park to Eazl F. Anderson, Inc., for its low quote of
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$16,999.00. ;
d. Approval of the issuance of a two-da.y, on-sale 3.2 malt
beverage license to St. Peter's Church for September 17 and
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Page No. 4112
August 16, 1994
18, 1994, in conjunction with its Annual Father Galtier Days,
along with waiver of the license fee.
e. Adoption of Resolution No. 94-51, "RESOLUfiION
APPOINTING 1994 ELECTION JUDGES."
f. Authorization to release to Associated Bureaus the escrowed
TIF funds in the amou.nt of $50,000 which had been held
pending completion of the Associated Bureaus landscape plan
and painting of the west wall of the building.
g. Acknowledgment of the Public Works Departsnent monthly
report for July.
h. Aclaiowledgment of the unapproved minutes of the July 6,
1994 NDC-4 meeting.
i. Acknowledgment of the Treasurer's monthly report for July.
j. Approval of the issuance of a sign permit to SignArt for a
38.25 square foot sign at the Mendota Plaza for Family Tyme
Video.
k. Acknowledgment of assessment information and preliminary
assessment rolls for the Mendota. Heights Business Park 4th
Addition (Associated Bureaus), the Pilot Knob Road
watermain project, and the Mendota Interchange project
(8420-4C), and London Downing Street rehabilitation.
1. Authorization for the issuance of a building permit to LCS for
construction of an addition to its facility located at 1480
Sibley Memorial Highway, subject to staffreview and
approval of completed construction plans.
m. Approval of the list of contractor licenses dated August 16,
1994 and attached hereto.
n. Approval of the list of claims dated August 16, 1994 and
totaling $236,080.63.
Councilmember Smith seconded the motion.
Ayes: 4
Nays: 0
IVY KEEP NORTH
Ayes: 3
Nays: 0
Abstain: 1 Mertensotto
IVY KEEP NORTH
ASSESSMENTS
Ayes: 3
Nays: 0
Abstain: 1 Mertensotto
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Page No. 4113
August 16, 1 � 94
Councilmember Huber moved adoption of Resoluhon No. 94-52,
"RESOLUTION APPROVING FINAL PLAT FOR IVY KEEP
NORTH ADDITION." �
Councilmember Smith seconded the motion. - I
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Councilmember Huber moved to accept assessment information
and the preliminary assessment roll for Ivy Keep North
improvements.
Councilmember Smith seconded the motion.
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NDC-4 BUDGET Council acknowledged a memo from NDC4/NDC-TV Executive
Director Jodie Miller regarding the proposed 1995 NDC-4 budget.
Ms. Miller gave Council a brief overview on the proposed budget
and an update on the 1994 NDC-4 budget and responded to Council
questions.
Councilmember Smith moved to direct the City Administrator to
notify the NDC-4 that Council has passed upon the proposed 1995
budget without objection. ,
Councilxnember Koch seconded the motion.
Ayes: 4
Nays: 0
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PUBLIC COMMENTS Mr. Casey Hill and Mr. George Spanjers, Jr., residents on Mendota
� Heights Circle, appeazed before Council to express concern over
speeding, 45 to 50 miles per hour, on Mendota. Heights Road
between Delawaze and Dodd. They asked Council to direct city staff
to look at the possibility of installing stop signs and other speed
controls, and possibly including reducing the speed limit.
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1994 AUDIT
Council directed the City Administrator to notify the Police Chief of
the residents' concerns and direct him to have the police department
monitor speeds on Mendota Heights Road between Dodd and
Delaware and report back to Cou.ncil. �
Council acknowledged receipt of the city's 1993 Audit. Mr. Steve
Laibel, managing partner from KPMG Peat Marwick, was present
for the discussion. Mr. Laibel briefly reviewed the' city's financial
position and responded to Council questions. r
Page No. 4114
August 16, 1994
Councilmember Smith moved to acknowledge receipt of the Annual
Financial Report for 1993.
Councilmember Koch seconded the motion.
Ayes: 4
Nays: 0
NORTH KENSINGTON PARK Council aclaiowledged a memo from Administrative Assistant
Batchelder regarding concept plans for the North Kensington Pazk.
Ms. Joni Giese, the landscape architect retained by the city to
prepare the plans, was present for the discussion.
Ms. Giese reviewed concept drawings, including an activities
concept, ground design, tree canopy design and elevations. She also
gave a brief analysis of the site and its constraints. Ms. Giese
reviewed the ultimate concept for the pazk, including four small
gathering areas that would be developed for family picnics and
sitting areas. She that the elevation of the picnic areas would be
raised to create swales to take ground water from the residential
areas azound the park to the detention and then to the drainage
system. She gave a brief slide presentation on native grasses that are
proposed to be used in the park and on the sandstone which will be
used for retaining walls.
Mayor Mertensotto asked what size trees aze proposed to be planted
for the tree canopy and how long it will take before they have an
affect. Ms. Giese responded that sugar maples grow relatively fast
and the size of the trees will depend upon how much money is
available in the budget for the project. She further stated that it
takes two to three years for native grasses to mature.
Councilmember Smith stated that some of the residents at the recent
neighborhood meeting were not in favor of putting a shelter in the
location that had been proposed but that they were not necessarily
opposed to a shelter.
Mr. Dan Rostratter, 2483 Stockbridge, stated that he was not at the
neighborhood meeting but talked to city staff and his neighbors. He
stated that the he understands that those who attended said the
shelter was fine but the home owners wanted it moved closer to the
townhomes and the townhome residents said it should be moved
closer to the single family homes. He felt that no one really felt
there is a need for a shelter.
Councilmember Smith responded that the park will serve a larger
area than the neighborhood and that it was discussed that the shelter
� Page No. 4115
, August 16, 1994
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could go on the knoll behind the homes on Stockbridge and would
� not be visible to them.
Mr. Rostratter stated that he would not see it but three other homes
would. He further stated that it is not the understanding of the
' homeowners who attended the meeting that there will be a shelter,
because neither group could agree on a lacation, and that it may be
' proposed at a future time. ;
Mayor Mertensotto responded that the Pazk Commission has
recommended that the shelter decision be postponed for a year.
Mr. Rostratter stated that he is concerned over the path from North
Kensington Park to South Kensington Pazk, since all of the traffic to
the parks will be brought through an uncontrolled street
(Stockbridge Road). He felt this would be a dangerous situation for
children crossing between the pazks, and that stop signs should be
installed.
Mayor Mertensotto responded that perhaps pedestrian crossing
mazking and signs could be insta.11ed and stop signs could be
considered at a later time if they aze deemed necessary. He stated
that staff will inform the Park Commission of Mr. Rostratter's
concerns. '
Councilmember Huber stated that the concern is that if the city
installs stop signs where people do not expect them, �drivers will roll
through them. Children would expect drivers to stop for the signs,
and in effect, placing stop signs could create a safety hazard.
Administrator Lawell stated that the crossing can be painted on the
pavement and signed. He suggested that the issue be put on the Park
Commission's long term agenda. so that they monitor the situation
after the park has been in use for a season. i
Assistant Batchelder was directed to notify the Commission of the
concern over potential traffic problems. �
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Councilmember Smith stated that Council has heard primarily from
the surrounding property owners and has tried to accommodate their
need to preserve their privacy. She felt that the plari as presented
makes a good definition between public and privatet space. She
stated that the pazk is intended to serve a greater area and for that
reason she supports having a shelter in such a locatiyon that it will not
be directly adjacent to a private property. She felt that people should
have some shelter should conditions require it, and that the shelter is
Page No. 4116
August 16, 1994
an important addition to the park for the greater surrounding area.
She stated that she would prefer not delaying the construction of the
shelter, as it would be the only place in the trail system from the
north that would provide any shelter. • '
It was noted that the shelter would be small, approximately ten to 15
foot squaze.
Assistant Batchelder responded that the shelter, in a more desirable
location, will be included in the concept plans and stated that a
decision on the shelter must be made before the project is bid.
It was the consensus to approve the concept plan and authorize Ms.
Giese to commence work on the final design. Council commended
Ms. Giese for her work, and directed Assistant Batchelder to draft a
letter of commendation to be directed to her dean.
COMMLJNITY EDUCATION Council acknowledged a memo from Assistant Batchelder regazding
the desire of the School District 197 Community Education
Depaxtnient to lease space in the Metro II building, 1300 Mendota.
Heights Road, for programs such as extended day care, Early
Childhood Family Education and pre-school, which aze not
permitted or conditional uses in the industrial zoning district.
Council also acknowledged letters from Ms. Bev Fritz, Director of
Community Education, describing the details of the proposed use.
Ms. Lois Roclaiey, Business Manager for the school district, Ms. •
Fritz, and Ms. Joanne Chabot, from Metro II, were present for the
discussion.
Ms. Rockney stated that the district has negotiated a three year lease
from Metro II for space for some of the district's community
education offices. She explained that some of the uses proposed aze
non-conforming uses in the industrial district. She informed Council
that many Mendota Heights residents have been going to Bidwell
Avenue in West St. Paul for the services which will be provided at
the Metro II site. She stated that the district requests either a change
in the Zoning Ordinance to allow the uses or a non-conforming use
permit.
Mayor Mertensotto stated that he is concemed over how many
people will be on-site at one time and how many pazking spaces aze
available.
Ms. Rockney responded that the offices will be occupied all of the
time for twelve months. Ms. Fritz informed Council that there will
be approximately six full-time staff inembers in the office space and
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Page No. 4117
; August 16, 1994
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� another six to ten teachers who will not all be on the premises all of
the time.
� Assistant Batchelder informed Council that Metro II lost a portion of
its parking lot when United Properties bought one of the Metro II
lots for Northland Insurance. Metro II has 116 parlting spaces and
120 aze required by Ordinance. He informed Council that Metro II
will be coming before the Plazuung Commission next month to
� request a parking space variance. t
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Ayes: 4
Nays: 0
GENERAL PUMP
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Mayor Mertensotto stated that in the past Council had granted a
special non-conforming use permit to a church to use rented space in
the industrial park on a temporary basis. He stated that he would
prefer this approach over amending the ordinance, but that parking
must be worked out. �
Responding to a question from Councilmember about trips per day,
Ms. Fritz stated that she anticipates that fifteen families will
participate in the one and one-half to two hour parenting program in
the morning and the same number in the afternoon. The extended
day program will be for kindergarten children only - children will
arrive at the site after morning kindergarten at 12:30 and will be
picked up no later than 5:30 p.m. She explained that the facility will
have a capacity for forty children.
Ms. Chabot sta.ted that she believes Metro II has adequate parking
but will be asking for a variance from the Planning Commission so
that Metro II can meet all city ordinances. She explained that in the
worst case situation the existing parking lot will more than
adequa.tely handle Metro II's parking needs and those of the school
district. She informed Council that Metro II has 36 employees and
trains teachers at the facility - the teachers will arrive before people
pick up their children from extended day. ;
After discussion, Councilmember Huber moved to grant a special
non-conforming use pernut to Independent School District 197 to
conduct community education and extended day care programs as
requested at the Metro II building in the industrial park for three
years with the condition that the permit will be reviewed by Council
annually.
Councilmember Smith seconded the motion.
Council acknowledged a letter from General Pump, Inc., regarding
its desire to conshuct a 54,000 square foot office/warehouse facility
Page No. 4118
August 16, 1994
on Lots 3 and 4, Block 1, Northland Plaza (south and east of
Northland Drive and east of T.H. 55) along with a memo from
Treasurer Shaughnessy regazding tax increment financing assistance
for correction of soil problems on the site: '
Mr. Joe Zwack, representing General Pump, stated that his firm's
current lease runs out in February, 1995 and the firm hopes to have
its new facility completed by that time. He asked Council to
authorize staff to work with him to put together a TIF proposal to
bri.ng back for Council approval. He informed Council that the
purchase agreement for the properiy is contingent on Council
approval of TIF assistance and stated that General Pump would like
Council to consider TIF to offset soil correction costs and perhaps
noise abatement in the building and extensive landscaping. He
explained that office space will be on the east side of the building,
facing I-35E, to the south not much of the building will be seen from
I-494. He stated that the building will be totally visible from
Northland Drive and T.H. 55.
Mayor Mertensotto stated that the site is very visible from I-35E and
T.H. 55 and the portion of the project that would be most visible is
the truck dock area.
The project architect reviewed the site plan and building elevations.
He stated that the area around the truck dack area will be raised and
bermed so that only about half of the building elevation will be seen
from T.H. 55. The elevation at Northland at the northwest will be
the main entrance.
Mr. Zwack stated that he plans to add landscaping and trees to
additionally screen the truck docks and it is proposed that the
property adjacent to T.H. 55 could be developed into a small office
building in the future.
Mayor Mertensotto pointed out that the whole parking lot looks at
Northland Drive and the office area of the building is facing to the
ravine.
Mr. Zwack stated that the office area faces I-35E but a major portion
of it also faces Northland He informed Council that the building
will be very nicely textured in gray and blue tones and that the firtn
is trying to leave land between the building and T.H. 55 so that in
the future it can build a small office building which would
additionally screen the truck dock area from T.H. 55.
Page No. 4119
August 16, 1994
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Councilmember Smith stated that she has difficulty with the fact that
the truck area faces the most prominent corner of the site as far as
incoming traffic. She felt that the vegeta.tion would not do much to
accomplish what Council has in mind an� would zlo very little to
screen the dock area. �
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The architect responded that the site plan is only preliminary and the
elevations can�change - the elevation is being cut from 910 to 896
and considerable soil will which needs to be moved can be used on
the site. He explained that the entire site could be bermed if Council
desired but stated that in his opinion the plan proposed will be very
attractive from all views. He informed Council that the building will
be 360 feet from T.H. 55.
Mayor Mertensotto stated that General Pump is requesting TIF
funds because the project would not otherwise be economically
feasible because of the need for soils conection and site grading.
Treasurer Shaughnessy informed Council that there will be no
increment on the building as the pazcel is not identified in the city's
Tax Increment District. �
Mayor Mertensotto stated that Council has been very judicious in
using TIF, making sure that buildings are finished on all four sides
and that truck docks are kept away from the visible areas of a site.
He informed Mr. Zwack that there is the potential for considerable
traffic coming through the area after completion of T.H. 55. He
stated that if Council agrees to TIF participation, it will want
something in return, which would include upgrading of the building,
screening of the truck docks and relocation of the parking lot and
truck docks away from the most visible area of the building.
Mr. Zwack responded that the topography of the lot does not allow
the docks to be in another area. He explained that the building will
be screened so that no matter where one is on T.H. 55 he would be
looking at an arclutecturally well treated building rather than the
docks. He explained that the six foot change in grade on the docks
and the berm and landscaping on the parking lot will keep them
from being visible from T.H. 55. '
Responding to a questions from Councilmember Smith, Mr. Zwack
stated that access to a second building (on the adjoining lot) would
have to be shared with this site and would come from Northland
Drive. He also stated that any building expansion would have to be
towards T.H. 55. :
Page No. 4120
August 16, 1994
Councilmember Smith stated that there are a number of appealing
aspects to the project but she has difficulty with the truck docking
area facing as it does because of the unlrnown of what may come in
the future on this very visible corner. She stated that Council has
found that it is preferable to put a dock azea in a place that is far less
visible from even a normal street. She asked that the docks be
relocated elsewhere, wherever they will not be visible. She also
suggested thatperhaps a wall could be built to screen the dock azea,
pointing out that the truck docks can be seen from any angle of the
approach to the property. She stated that she does not object to the
building, just the orientation.
Mr. Zwack responded that he must deal with site constraints and
economics and the only way he can make sure the docks cannot be
seen from the highway and still maintain economic feasibility is
with berming and landscaping. He pointed out that the loading
docks are to the northwest side of the building, about 300 feet from
T.H. 55 which is lower than the elevation of the dock area. He
stated that it may be possible to extend a wall for screening as
Councilmember Smith suggested He stated that he is present this
evening to present the concept and to ask for Council's feedback on
the proposal and a sense of direction with respect to the request for
$200,000 in T.I.F. He asked if Council will consider TIF if he can
come up with a plan that satisfies the Council's concerns over
visibility of the facility from the highway.
Mayor Mertensotto stated that General Pump is located in the city
now and Council would like to keep them and see them expand. He
sta.ted that if Mr. Zwack can come up with a reoriented building or a
different plan, Council will certainly welcome him back.
ADJOURN There being no further business to come before the Council,
Councilmember Koch moved that the meeting be adjourned.
Councilmember Huber seconded the motion.
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 10:14 o'clock P.M.
ATTEST:
Charles E. Mertensotto
Mayor
Kathleen M. Swanson
City Clerk
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Page No. 4121
August 16, 1994
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CITY OF MENDOTA HFIGHTS
DAKOTA COIINTY, MINNESOTA
PL�1rTNING COb�iISSION ' '
AIIGIIST 23, 1994 '
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The regular meeting of the Mendota Heights Planning Commission was
held on Tuesday, August 23, 1994, in the City Hall� Council
Chambers, 1101 Victoria Curve. The meeting was called to order at
'7:30 o'clock P.M. The following members were present: Roll,
Friel, Betlej, Duggan and Tilsen. Chair Dwyer was excused.
'Commissioner Hunter had informed the Commission he would be late.
Also present were Public Works Director Danielson, Planning
Consultant John Uban, Administrative Assistant Kevin Batchelder and
Senior Secretary Kim Blaeser.
APPROVAL OF MINIITLS
Commissioner Koll moved to approve the July 26, 1994 minutes
with correction. ,
Commissioner Betlej seconded the motion. ,
AYES: 5
� NAYS : 0
{ CASE NO. 94-24:
� KERN - .
� �TLAIJDS P]3RMIT AND VARIANC}3
Mr. Kerry Kern, potential owner of a lot in the 500�block of
Marie Avenue, was present to discuss his request to construct
a single family home within 100' from the wetlands along with
a front yard variance.
Mr. Kern stated that there will be minimal disturbance to the
wetlands and that he desires to fill approximately 20 feet to
30 feet beyond the house. ' :
Vice Chair Duggan stated there is some interesting history
regarding this property. He stated there is a large number of
boxelder trees in the center of the site. He further
identified the fill area on the site plan. Mr. Rern stated he
desires to fill approxima.tely 30 feet of the wetlands. Duggan
stated he is concern with the amount of wetlands which will be
filled and he explained there is a required replacement ratio
of wetlands. ,
In response to an inquiry from Vice Chair Duggan, Public Works
Director Danielson explained that Mr. Russell Wahl owns this
piece of property. He explained that the original� wetlands
permit was granted to Mr. Wahl for the purpose of filling of
the wetlands in a more extensive fashion than what is being
Planning Commission
August 23, 1994
Page 2
proposed with this application. He stated that tYie original
application was to fill approximately 5,000 square feet of
wetland. Danielson explained in 1993, Mr. Steve Kernick, an
urban conservationist for Dakota County Soil and Water
Conservation District, performed a wetland delineation for Mr.
Wahl on the property. He explained that Mr. Kernick has
identified the wetlands with flags. Mr. Kern clarified that
he wishes to fill 30 feet over the flags.
Danielson further explained that, in 1979, Mr. Wahl received
permission to fill the wetlands and in 1981, Mr. Wahl was
told, by the City, to stop filling on a piece meal basis and
complete the project in total at some future date. He stated
that today, the wetlands restrictions are much tougher and
that there are now state and federal rules that need to be
complied with.
Planner Uban stated that filling was originally allowed with
City approval in the late 1970's. He stated wetlands laws
have now changed. Planner Uban stated that since wetland
approval had been given before, there is now a possibility
that in order to comply with state and federal laws, an
exemption for filling activity may be possible.
Planner Uban explained that Exemption No. 24, according to the
Wetland Conservation Act, allows for the completion of
previously approved activity.
Planner Uban explained that Exemption No. 25, according to the
Wetland Conservation Act, allows for filling activity of up to
400 square feet per year per land owner. With the accumulated
effect not to exceed five percent of the wetlands area. He
stated that no calculation has been made to see if the
proposed fill would fall within this exemption based on
activity over several yeara. He stated that this calculation
would have to be done by the owner's consulting engineer.
Uban stated that there is an additional possibility in
granting a permit and that would be to grant a wetlands permit
based on the present city, state and federal guidelines.
Uban stated that in any case, the Planning Commission needs to
review this case. He stated that additional information would
be helpful in this case indicating erosion control, wetland
mitigation plan and landscape plan for the proposal. He
stated that these items would be considered normal conditions
to a wetlands permit that included wetland alteration
activity.
Planning Commission �
August 23, 1994 �
Page 3 �
Commissioner Friel stated that the City was�the entity that
caused the incremental filling to stop. He stated if,the City
had not interfered, the filling would have continued. He
inquired if the City was justified in stopping the filling.
He inquired if the City ,based its decision on ordinance
provisions. Public Works Director Danielson,stated that there
were nuisance complaints received from area residents. He
explained that unsitely piles seem to be the problem. Friel
stated that the stoppage was involuntary, motivated by the
City and was.unjustified by city ordinance. ,
Commissioner Tilsen stated Exemption No. 25 may not apply. He
explained that according to this exemption, the project can
not be more than 400 square feet and that the exemption is
also based on activity over a certain number of years. He
stated he finds it difficult to believe that this exemption
applies. He further stated that Exemption No. 24, only
applies if the project approval has not expired;and the
project has not stopped. He stated that the project approval
has expired as well as work on the project. Vice Chair Duggan
stated that the applicant is now asking for a new permit.
Tilsen stated that the state statute has to be followed and
this does not qualify for exemption. Tilsen further stated
that the City's approval process must require a mitigation
plan despite extenuating circumstances.
Friel stated that the first wetlands permit was granted and
that it has not expired, but the requirements have now changed
and that an additional set of requirements now need to be met.
He stated there is some basis for recommending granting of the
wetlands permit but not all information that is required has
submitted. Planner Uban stated that a mitigation plan and
restoration plan need to be prepared by a wetlands biologist.
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Duggan stated he would like to see this home aligned with the
other homes in the neighborhood. He stated that the neighbor
to the west of the property is not thrilled about the
requested variance to the front yard setback. Commissioner
Friel stated that the variance is being requested to minimize
the impact of the wetlands. He further stated that an erosion
control plan is also needed. Planner Uban stated that it may
be necessary to receive a permit from the Corp of Engineers
which is also reviewed by Dakota County Soil and Water
Conservation District and Minnesota Board of Water+and Soil
Resources. �
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Duggan stated that the Commission should be given copies of
the original permits and that evidence should be�provided
proving that work has been done within the last five years.
He further stated that staff should provide the Commission
Planning Commission
August 23, 1994
Page 4
with specific reasons why the City stopped the filling
process. He suggested that this item be tabled until further
information can be submitted.
Commissioner Betlej inquired if Mr. Kern intends to construct
a deck. Mr. Kern responded yes. Commissioner Betlej stated
that another wetlands permit will be needed to construct the
deck and that the deck should be included with this wetlands
request.
In response to a question from Commissioner Friel, Planner
Uban stated that the City needs to find reasons for the
exemptions. He stated that the exemptions would then need to
be submitted to the Corp of Engineers for their concurrence.
He further stated that the required plans are best done by a
certified wetlands biologist.
Planner Uban stated that the past history should find that
this application is sufficient for exemption. He stated the
City should look at minimizing the impact on the wetlands.
Chair Duggan inquired if the City Attorney should be asked to
give an opinion. Commissioner Tilsen cautioned the Commission
and applicant that approvals at State level are very
difficult.
In response to a question from Commissioner Betlej, Planner
Uban stated the Corp of Engineers requires a permit for
filling of the wetlands and that the State requires 2 for 1
mitigation.
At this point, Mr. Kern presented the Planning Commission with
a proposed alternate plan indicating 35-40 feet from the home
to the wetlands with a 40 foot front yard setback. Planner
Uban measured 30 feet from the wetlands (at its closest
point). Planner Uban stated that the proposed plan is a
significant change. Mr. Rern stated that it will eliminate
some fill. Planner Uban stated that a permit for fill will
still be necessary.
Vice Chair Duggan inquired if any neighborhood objections
could impact Mr. Kern's request. Public Works Director
Danielson stated signatures of consent have been received.
Mr. Kern stated that with the alternate plan, the wetlands
fill will be significantly reduced but that he still needs to
fill enough backyard to construct a deck.
Planning Commission f
August 23, 1994 �
Page 5 �
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Commissioner Friel moved to table the requested wetlands
permit and variance to allow time for the applicant submit the
following information for staff review and commission review:
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1. A mitigation plan performed by a certified wetlands
biologist.
2. An erosion control plan.
3. A site plan that includes a deck or other future
improvements that may be extended towards the wetlands.
4. A landscaping and restoration plan. 1
Commissioner Betlej seconded the motion.
AYES: 5
NAYS: 0
Commissioner Tilsen stated that if fill is limited to outside
of the wetlands boundary, then only a City permit'will be
necessary.
CASE NO. 94-22:
LENTSCH (OLSLN) -
�PETLANDS PERMIT
Mr. David Olsen, owner of Lot 6, Block 1, Mendota Woods, was
present to discuss a request to construct a single family home
within the 100 foot required setback from the designated
wetlands. t
Planner Uban informed the Commission that this lot is one of
the most densely wooded lot in the City. +
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Mr. Olsen stated that he proposes to construct the home to
within 51.5 feet of the wetland. �
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Vice Chair Duggan stated the home appears to be quite sizable
and there are many magnificent, mature oak trees which will be
lost. He stated that some oak trees should be saved. He
further stated there is a tremendous slope in grade and he
inquired how Mr. Olsen will guarantee the protection of the
wetlands during construction. Mr. Olsen responded that he
will be constructing a walkout home and that the slope between
the home and the wetlands will not be touched. He further
stated that retaining walls will be constructedj to help
protect the slope. He atated that ten�oak trees will be
removed and three of those are already dead. He stat}ed 17 oak
trees will remain.
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Planning Commission
August 23, 1994
Page 6
Commissioner Koll stated her concern for tree Ioss. She
inquired if Mr. Olsen could possibly redesign the home to help
save the trees near the walkout portion of the house. Mr.
Olsen responded that he does not want to change the house
design and that he bought the lot with the intentions of
constructing a rambler. Planner Uban stated that this is a
difficult lot to develop.
Planner Uban stated that Mr. Lentsch will be requesting an
easement for. Lot 7 to allow storage of snow on Lot 6. He
inquired if Mr. Olsen was aware of this request. Mr. Olsen
responded no. .
Commissioner Friel inquired if the house could be moved
further north. Planner Uban responded that if the house is
moved further to the north, the wetlands will be impacted. He
further stated that if the house is moved to the south, then
it will be closer to the highway. Planner Uban suggested that
trees can be saved if the backyard is reduced. Mr. Olsen
stated that the backyard is more than 100 feet from the
wetlands. He stated that he would try and save the trees in
the rear. Commissioner Friel stated that the current grading
plan indicates that several more trees will be removed.
Planner Uban stated that a revised grading plan should be
submitted indicating what trees will now remain. Mr. Olsen
stated he is concerned with saving trees and that he was also
told to install fences around the drip lines. Commissioner
Friel suggested that Mr. Olsen consult with Planner Uban about
revised grading plans. Mr. Olsen stated he would revise the
grading plan.
Commissioner Betlej stated the drainage from Lot 6 will go to
Lot 7 in a northeast direction. He noted his concern for
driveway (ice) blockage. He further stated that if a patio is
conatructed, another wetlands permit will be required. He
suggested that Mr. Olsen consider including the patio with the
current request for a wetlands permit.
In response to a question from Commissioner Tilsen, Public
Works Director Danielson explained that when Mendota Woods was
platted, each lot was required to have a private driveway.
Commissioner Tilsen stated that the proposed house is not
customized for the lot.
Commissioner Friel moved to table this request until after
discussion with Mr. Bill Lentsch regarding Case No. 94-16.
(Please see below).
Commissioner Koll seconded the motion.
Planning Commission
August 23, 1994
Page 7
AYES: 5
NAYS: 0
HEARING:
CASE NO. 94-16: �
LENTSCH - �
VARIANC}3 AND �TLANDS PERMIT
Mr. Bill Lentsch, seller of Lot 7, Block 1, Mendota Woods, was
present to discuss his request for a variance and wetlands
permit.
Vice Chair Duggan stated that this is a difficult lot to
, develop. Mr. Lentsch explained that he had submitted a
revised plan which indicates an increase in the width of the
driveway to 15 feet and that the slope of the 'driveway
decreased from 16 percent to 10 percent. He stated that the
driveway widens as it gets closer to the house. He further
stated a little fill will be needed and that a retaining wall
will need to be constructed to accompliah the 10 percent
, sloped driveway. Public Works Director Danielson stated that
, a 10 percent slope is steep. He atated, as proposed, it will
run right up to the house. He stated there should be a
flatter area for approximately 20 feet in front of the garage
' to provide a relatively flat parking area near the home.
Commissioner Tilsen stated he does not like the proposed plan.
He stated that the plan presented is not a creative way to
solve the problem. He stated that the width of the�driveway
has improved and that he would like to see the grade reduced
with less fill needed. He further suggested that a hammerhead
extension be constructed to gain length and decrease the
grade. He stated that the driveway should enter on'the east
' side of the home which would result in a longer driveway with
less grade. Ae concurred with Public Works Director Danielson
that a flatter area is needed in front of the garage.
Commissioner Betlej inquired if the snow storage would have to
go to Lot 6. Mr. Lentsch responded no. Betlej inquired if
� the concentration of salt would affect the wetlands.' Lentsch
stated that the Commission was concerned with the width of the
� driveway and that it now has been increased to 15 feet. He
further stated that the snow could be moved to the east of the
� property. Planner Uban stated that salt, no matter where the
� snow is placed, will eventually end up in the wetlands. He
stated that salt concentration could cause die back'but that
� he does not feel it will be a significant problem. He stated
; that snow storage should be stored safely in a pre-designed
area.
Planning Commission
August 23, 1994
Page 8
Commissioner Betlej inquired if there is adequate room to
construct retaining walls without machinery in the wetlands.
Mr. Lentsch responded yes. Vice Chair Duggan responded that
Mr. Lentsch should respond in writing. Public Works
Director Danielson stated that usually the walls are
constructed by hand with small ma.chinery. He stated that a
silt fence must be maintained.
Public Works Director Danielson stated that homes within
Mendota Woods have not been customized to better f it the lots .
He stated the driveway grade could be improved and that the
house could be redesigned or modified to better fit the lot.
He stated that the longer the driveway, the more chance to
pick up the grades. Commissioner Tilsen stated there are a
lot of other design solutions to alleviate some concerns. He
stated that the grade should be matched as much as possible to
minimize the fill.
Mr. Lentsch stated the location of the house is where the
existing driveway is located. He stated he wants to minimize
the impact on trees in that spot and that the costs of the
driveway are significant. Planner Uban stated that tree
consideration is important. He suggested that the garage
could be oriented to the west side where the grade is flatter.
Commissioner Friel inquired how much of an easement is needed
for snow and slope. Danielson responded that a five foot
easement is standard.
Vice Chair Duggan inquired with the construction of the
driveway, will it impede the flow of water from Lot 6.
Planner Uban responded that the water would roll down the
driveway using a culvert to get to the other side. Duggan
inquired if a guard rail is needed. Planner Uban suggested
that posts could be used to help prevent sliding.
Commissioner Friel inquired if Mr. Lentsch would be willing to
cooperate with staff in preparing a revised plan. Mr. Lentsch
responded that he would like to complete the work tonight and
that he would agree to moving the driveway and installing
guard rails and posts. Mr. Lentsch stated that the home will
not have an interior sprinkler system.
Public Works Danielson stated that a 10 percent grade could be
worked with but would like to see a flatten area provided at
the garage entrance.
Vice Chair Duggan opened the meeting to the public.
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Planning Commission �
August 23, 1994 �
Page 9 I
There was no one present to discuss this request.�
Commissioner Tilsen inquired what trees will be impacted along
the lot line. He stated his concerns for the trees along the
lot line and drainage. , !
Commissioner Friel moved to continue the public hearing to
September 27, 1994 to allow the applicant time to redesign the
driveway in order to soften the steep grades. Commisaioner
Friel furthe� director Mr. Lentsch to address items 1 through
8 in the August 12, 1994 Staff Report, either in narrative
form or on the revised plans (see below): �
1. Vehicular guardrail or post construction in the vicinity
' of the retaining wall.
2. Driveway landing area outside the garage. �
- 3. Vehicular turn around bay outside the garage.
4. Quantification of vegetation loss. ,
� 5. Snow storage easement on Lot 6.
6. Acquisition of a slop easement on Lot 6. ,
; 7. Dedication of a drainage and utility easement across Lot
� 7, with a culvert under the driveway depending on actual
' grades.
; 8. Landscape plan preparation. ,
Commissioner Koll seconded the motion. �
AYSS: 5
NAYS: 0
CONTINIIFD DISCtTSSION
CASE NO. 94-22:
LENTSCH (OLSEN)
' VARIANCE AND PPETLANDS PERMIT
Commissioner Friel suggested that this case be continued until
September 27 to allow time for joint issues regarding Lot 6
' and Lot 7, Block 1, Mendota Woods are worked out.
Mr. Olsen stated that Mr. Lentsch's proposed driveway on Lot
7 does not affect his request for a wetlands permit on Lot 6.
Commissioner Friel stated that Mr. Lentsch is requesting that
an easement be granted and that that will affect Mr. Olsen.
Mr. Olsen stated he does not want to grant an easement and
that he too wants to save those trees along the lot line. He
stated that his house is 35 feet from the property line. He
stated there is a large oak tree located near the � property
line and that he wants to save it. He further stated that he
does not intend on excavating in this area. He further stated
that he wants the driveway on Lot 7 located away from his
proposed house.
Planning Commission
August 23, 1994
Page 10
Commissioner Tilsen inquired when Mr. Olsen•plan's to begin
construction. Mr. Olsen responded that he has estimates and
bids and would like to begin construction prior to snowfall.
Commissioner Tilsen moved to table this request until
September 27, 1994 to all the applicant time to consider
changes to his backyard grading plan in order to save a number
of large and mature oak trees and to further provide:
1. A grading plan which trees are going to be saved as well
as which trees are proposed to be removed.
2. A site plan which includes future deck or patio plans
that may require a wetlands permit in the future.
3. A sketch plan indicating elevations that show a side view
of the proposed house.
Commiasioner Tilsen seconded the motion.
AYES: 5
NAYS: 0
CONTINIIED HEARING:
CASE NO. 94-17:
LSNTSCH -
REZONING
Vice Chair Duggan explained that Mr. Lentsch had been present
at the July Planning Commission meeting with an application to
rezone Outlot B of Mendota Woods from HR-PUD to R-1. He
explained that Mr. Lentsch desires to develop this outlot for
a single family home. Duggan stated that at that meeting,.the
Commission felt that Brookfield Lane was a more appropriate
avenue for access than that proposed by Mr. Lentsch, which was
to come in from Arbor Court across Lot 7. He explained that
the Planning Commiasion recommended that the City Council
consider the acquisition/condemnation of Brookfield Lane so
that Outlot B could be served.
Mr. Lentsch stated he has not submitted a landscape drawing as
he unsure at this point in time where the house will be
placed.
In response to a question from Vice Chair Duggan, Mr. Lentsch
stated that he met with the Home Owner's Association and that
he has come to a tentative agreement for driveway and
watermain easements. He stated that the townhouse association
has scheduled a vote by all their members on the access in
late August. Commissioner Tilsen inquired if there will be a
recorded easement on the existing titles. Mr. Lentsch
responded yes.
� Planning Commission ,
August 23, 1994
� Page 11 '
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a Commissioner Friel stated that the access pro3�lem is�not that
, relevant to the rezoning request and that City Council has
indicated that they will condemn the property if an,easement
is not granted. �
� Commissioner Hunter arrivecl at 9:30 o'clock P.M. �
Vice Chair Duggan opened the meeting to the public.�
There was no.one present to discuss this request.
Commissioner Friel moved to close the public hearing.
Commissioner Tilsen seconded the motion.
AYES: 6
NAYS: 0
, Commissioner Friel moved to recommend that City Council rezone
Outlot B, of Mendota Woods from HR-PUD to R-1. �
! Commissioner Tilsen seconded the motion. ;
AYES: 5
' NAYS : 0 '
� ABSTAIN: BIINTER (Commissioner Hunter was not present during this
discussion) . ;
BEARING: '
CASE NO. 94-23: �
METRO II -
VARIANCES ;
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Ms. Joanne Chabot, Executive Director for Metro II, located at
1300 Mendota Heights Road, was present to discuss requests for
two parking variances. They are:
1. A four stall variance to the required number of parking
spaces, and '
2. A parking stall size variance to allow a parking stall of
8'6". ,
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Ms . Chabot stated that at the time of purchase she was not
, aware that all of the parking lot was included on the Metro II
� property. She explained that she has spent a number of months
� analyzing this problem. She stated that Metro II i's a small
f organization and that it provides supplemental
services/training to teachers. She explained that as of
' September 1, Metro II will employee 30 people. She explained
i that ISD No. 197, a tenant, will have 6 employees. She stated
� that there are 3 computer labs which hold 12 people�. She
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Planning Commission
August 23, 1994
Page 12
explained that if all three computer labs are •full,' there will
be 36 visitors on site. She explained that there could be a
total of 72 personnel on site at one time plus visitors to the
school district office. She stated that Metro II does not
need 120 parking spaces.
Ms. Chabot stated that a test was conducted for two weeks
recently. She explained that there were 40 drivers during a
two week time period and that there were 20 vacant parking
spots during, this time. She further stated there are 12
underground parking spaces which are always used. Chabot
explained that the plan requires minimal reconstruction.
Chabot atated that calculations of building usage square
footage were submitted, as done by the original architects in
1985. She stated that Metro II has not added to the office
floor space and that the School District plan has large
hallways and that additional bathrooms have diminished used
space.
In response to a question from Vice Chair Duggan, Ms. Chabot
explained that the School District will be using lawn the
space east of the building for their Extended Day program.
She stated that the State requires a 2, 000 square foot outdoor
play area which will be located on the east side of the
building towards the Northland Insurance building. Vice Chair
Duggan demonstrated the plan to the audience. Duggan inquired
about safety precautions. Ms. Chabot responded that the play
area will be fenced, as per the State's requirements.
Ms. Chabot presented the Commission with a proof-of-parking
plan located north of the 40' by 60' play area. Ms. Chabot
explained that there will be large motor play equipment
installed.
Commissioner Koll stated that the total square footage of the
building is 42,000 square feet and that 24,000 square feet is
usable space. She inquired what the rema.ining balance of
square foot will be used for. Ms. Chabot responded that not
even all the 24,000 square feet is being used. She explained
that the previous occupant was a telephone company and that
the building has a large amount of equipment storage/computer
storage space. She explained that this accounts for the
balance of square footage. Ms. Chabot stated that the amount
of space left is not suitable for offices.
Planning Commission �
�. August 23, 1994 '
Page 13 �
In response to a question from Commissioner Ko11, Pla f er Uban
stated that Metro II can be allowed to have less,parking
spaces if the plan shows where future parking can be placed if
needed. Ms. Chabot stated that there is enough parking for
their needs. , .
Commissioner Friel stated that 24,000 square feet of 42,000
square feet of usable space is a small percentage. ; Planner
Uban stated that typically a building is at 80 percent
efficiency. • He stated it is unusual to have such a low
percentage of usable space. He stated that without detailed
plans and a tour, it is hard to confirm the actual amount of
space being utilized. Friel stated that the 24,000 square
feet is the 1985 calculation and not the present use square
footage. Ms. Chabot stated that the uses are not different
because Metro II needs the computer room. She stated that
this building was perfect for their use. ,
Commissioner Friel continued to note his concern with adequacy
of parking. He further stated that he does not agree with
reducing the size of parking stalls. He stated more people
are purchasing vans and trucks and that he is concerned with
smaller parking stalls not allowing enough room to move in and
out. Planner Uban stated that the general "fleet!' mix is
getting smaller although utility vehicles are growing. He
stated that smaller stalls are adequate and that the length of
a car is accommodated. He stated several communities are
looking at efficiencies, such as size of parking stalls, to
help produce less asphalt. He stated that high turnover areas
need 9 foot stalls and that the visitor area at Metro II is a
9 foot stall. Ms. Chabot stated that the arrival times of
parents are staggered. She stated that school buses will drop
off children and that parents will pick their children up
usually between 4:30 P.M. and 6:00 P.M.
Commissioner Betlej noted his concerns for future use of the
building and the adequacy of parking. He inquired if staff
has reviewed the original plans submitted in 1985.
Commissioner Tilsen inquired if the smaller parking stalls
could be marked "Compact Only". He stated that 6 parking
stalls would be lost if there are 9 foot stalls. He stated
that some spaces could be given back with compact parking
designation. Vice Chair Duggan inquired if there is
additional room for parking spaces in the underground area.
Ms. Chabot responded no. �
Commissioner Hunter stated that he sees this request as a good
utilization of space. He stated that an 8'6" parking stall
handles all parking adequately. r
Planning Commission
August 23, 1994
Page 14
Vice Chair Duggan opened the meeting to the public.
There was no one present to discuss this requeat.
Commissioner Koll moved to close the public hearing.
Commissioner Hunter seconded the motion.
AYES: 6
NAYS: 0
Commissioner Koll moved to recommend that the City Council
approve a proof-of-parking variance for four stalls and a
parking stall size variance to allow 8'6" stalls.
Commissioner Hunter seconded the motion.
Commissioner Friel offered a friendly amendment by stating
that approval is subject to investigation by City staff to
confirm the amount of usable office area.
Commissioners Koll and Hunter accepted the friendly amendment.
AYES: 6
NAYS: 0
Vice Chair Duggan called a recess at 10:09 o'clock P.M.
Vice Chair Duggan reconvened the meeting at 10:15 0' clock P.M.
HEARING:
CASE NO. 94-24:
MENDOTA HOMES -
REZONING AND
CIIP FOR PIID
Mr. John Mathern, of Mendota Homes, was preaent to discuss his
request for Conditional Use Permit for Planned Unit
Development and Rezoning to N�2.-PUD which would allow the
construction of 36 townhomes and a day care facility.
Vice Chair Duggan briefly explained that•Mr. Mathern was
before the Planning Commisgion in June and before the City
Council in July for the PUD pre-application conference. He
stated that at these meetings, a number of concerns were
expressed and the Council requested that Mr. Mathern address
them during formal application proceedings. The items of
concern are as follows:
Planning Commission �
August 23, 1994 '
Page 15
1. Market study and background information
2. The proximity of the daycare entrance
the proximity of the loop street t
intersection.
3. Phasing and timing ofsconstruction
4. Landscaping - Specifically berming
ramp.
5. Traffic patterns.
6. Financial disclosure.
7. Tree delineation.
8. Impervious surface calculation.
�
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tor tYie daycare .
to Dodd Road and
o the Dodd Road
�
along the highway
Duggan stated that information regarding financing,`, traffic
reports, tree delineation and noise attenuation '(highway
noise) was not adequately submitted. He further stated he
would like clarification on the total land size. He stated
that more information is needed regarding the daycare (i.e.
type of daycare and ownership).
Mr. Mathern introduced Mr. Bob Fors of Childtime Daycare. Mr.
Mathern explained that the site consists of ten acres`and that
he is proposing to construct 36 townhomes with no more than
two units per building. He explained that he has tried to
create a residential setting and that he did not;want to
create residential massing of buildings. He stated the
development includes the daycare facility. �
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Ma.thern stated that the project will include city'streets,
sidewalks and street lights. He stated the City will
construct the improvements. He stated the grading and
landscaping will be completed by a private contractor.
Ma.thern stated a homeowners association will be established.
Mr. Mathern stated that the proposed impervious surface is 4
percent more than stated in the ordnance. He further stated
there is a 6 percent increase in lot density. , Mathern
explained that the townhomes will be one level which will
reduce the number of building ma.sses. He explained�that the
rambler townhouse will consist of 2 bedrooms, 1 den,`4 season
porch and a 2 car garage.
Mr. Mathern explained that h
setback as opposed to the
driveways to accommodate City
will also allow for a sidewal
provide a thirty foot setback
i
e is asking for a twenty foot
thirty foot setback;for the
streets. He stated that this
k on one side of the street and
for private backyards;
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Planning Commission
August 23, 1994
Page 16
Mathern explained that the proposed target market i"s for empty
nest buyers who want one level sites with windows and
ventilation on three sides with a two unit plan.
Mr. Mathern stated that Planner Uban has suggested berming
along Mendota Heights Road�and along 494.
In response to a question from Vice Chair Duggan, Mr. Mathern
stated the site has unique characteristics. He explained that
the westerly, portion of the lot has numerous trees and the
middle portion slopes to a low area on the east end. He
stated there will be a drainage pond in the northeast corner.
Duggan inquired about the maximum elevation of the daycare.
He stated that the grade drops from 916 feet to 890 feet from
the west to east. He further stated that with the
construction of the daycare, a number of trees will be
removed.
Mr. Mathern stated that Mendota Homes is purchasing the
property from Richard Putnam and that a small parcel is owned
by a third party. He stated that the sma.11 parcel is result
the result of excess right-of-way from the State. Mr. Mathern
stated that without the excess property, the site is ten
acres. He stated that the right-of-way was not a part'of the
calculations of impervious surface and density.
Mathern explained that the lowest point of the property is at
the southeast portion. He gtated that the property is heavily
wooded on the east side. Mr. Mathern submitted revised site
plans which indicate that the townhouses have been shifted to
save the trees along the east side of the property.
Duggan stated that the marketing plan submitted by Burnet
Realty is outdated. Mr. Ma.thern stated with the shift of the
trees, the detached unit garage is on the west side instead of
east. In response to a question from Vice Chair Duggan, Mr.
Mathern stated that , the wire fence is not on the property line
but near it. He stated there is a slight berm ,along the
highway. He explained that the townhouses located on the
southeast portion of the property will have basements to
encourage better use of the grades. He further stated that
the units backing up to the pond, may be two story with
daylight windows.
Mr. Mathern explained that the townhouses in the middle of the
development will be screened by berming and trees. He further
stated that Planner Uban's suggestion in varying tree size is
excellent. Vice Chair Duggan stated the landscaping report is
inadequate.
Planning Commission
August 23, 1994
Page 17
Mr. Mathern discussed the number and types of trees which he
is proposing to add. He stated there is enough fill on the
site for a 3 foot to 4 foot berm on Mendota Heights Road. He
stated there will some changes in berm elevation instead of
uniform berms. He further stated that he doea not see the
need to berm along the freeway ramps. He stated that there
will be trees and shrubs installed around the individual
townhouses. �
Mr. Ma.thern reviewed plans indicating elevations of,the one
level townhouses. He stated that the townhouses will be
individually customized including window and door placements.
He stated there will be brick columns around the door and
garage pillars and lap siding. He stated the proposed color
of the townhomes is taupe. He stated there will be variations
in the front elevations. He stated he intends to unite the
project with ma.terials and shape with some individual
customization.
Mathern stated that this proposal has a fairly large footprint
and that this type of floor plan is market driven. '
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Vice Chair Duggan inquired about the Statement of .�Property
Financing. Mr. Mathern stated he would provide this
information. Commissioner Betlej cited Section ,22.31(c)
regarding the requirement of submitting the Statement of
Property Financing. Mr. Ma.thern stated that he intends to
purchase the property once the project is approved. Vice
Chair Duggan stated that the City needs to be assured that
Mendota Homes is able to sustain this large of a project.
Commissioner Friel noted that financial statements should be
made available and that if the money is being borrowed,
information regarding how it is being done is necessary. Mr.
Mathern stated he would provide this information. '
Duggan inquired what is the anticipated increase for traffic
with the construction of a 36 townhouse project. Mr. Mathern
stated he has not conducted a traffic study and that he does
not believe it will make a significant impact. He stated that
he understood the concern, regarding traffic, was related to
the daycare proximity to the Mendota Heights Road., Planner
Uban stated that the density proposed is similar to that of a
single family home development. Planner Uban stated there
will be two entrances into this development and that that is
similar to a single family development. j
In response to a question regarding traffic generated by the
daycare, Mr. Fors explained that the proposed building is
7,000 square feet. He stated there are 127 Childtime Daycare
Centers across the country and that this will be the first
Planning Commission
August 23, 1994
Page 18
Childtime Daycare in Minnesota. He explained•that"there will
be approximately 15 to 20 centers in the state. He explained
that Childtime Daycare is fiscally sound and that the
corporation has been in business for 20 years. He stated that
the Gerber Children Centers were previous owners. He
explained that all of the centers (no franchises) are operated
out of Farmington Hills, Michigan. He explained that children
from 6 weeks to school age can attend and will participate in
active learning activities. He stated the center will provide
meals. .
In response to a question from Vice Chair Duggan, Mr. Fors
stated the anticipated opening will be in one year with the
hours from 6:00 A.M. to 6:00 P.M. He explained that the
number of staff will be the function of the number of children
as per state ratios. He stated that approximately 100 to 130
children are anticipated.
Duggan inquired about traffic calculations. Mr. Fors stated
that the center is closed evenings, weekends and holidays. A
brief discussion ensued regarding estimated traffic counts.
Commissioner Friel stated that there are engineers who can
figure the amounts of trips generated. He stated the City
should be provided with this information.
Vice Chair Duggan inquired if an Economic Feasibility and
Market analysis has been completed for the daycare. He stated
that he anticipates that the townhouses will fill up rapidly
but he is not so certain that there is a demand for the
proposed daycare center. Mr. Fors stated a condensed version
of the market analysis was given to the Commission. He
further stated there are no large daycare centers in the City
to compare with. Mr. Fors stated that they anticipate that
parents who already live in the area will be dropping off
their children. Therefore, extra trips are not being
generated as the using people already live in the area.
Commissioner Friel stated there is one competitor off of Dodd
Road along with many in home daycares and Visitation
Montessori. Mr. Fors stated that Bright Start daycare is not
a true competitor because it is not as large as Childtime . He
stated that the owner of Bright Start Daycare is not concerned
with the proposed Childtime Daycare Center. He stated that he
assumea Visitation is at its capacity.
Commissioner Tilsen stated that he is concerned with the
amount of traffic the daycare will generate. He inquired if
the center would consider a deadend turnaround. He noted his
concern for cars and children safety. Mr. Fors stated that
that is not an option and that the center insists that
children not be just dropped off at the curb. He stated that
Planning Commission
August 23, 1994
Page 19
parents are required to sign their children in at the office.
Commissioner Tilsen stated that parking is a public safety
issue. Planner Uban stated there is room on the north side to
have loop road around the parking. He stated there could be
slanted parking stalls. He stated that larger ,vehicles
(buses) need to be accommodated.
Vice Chair Duggan stated that the entrance is too close to
Dodd Road . He suggested that people using the daycare could
enter througL� Mendota Meadows. Mr. Mathern stated that he is
sensitive to the proximity of the entrance off of Dodd Road.
He stated that he could move the entrance to the east. He
stated that he is opposed to bringing a roadway through the
residential area. He stated there have been a number of
traffic studies completed. He inquired about the traffic
study regarding the proposed Mendota Heights Road/Dodd Road
traffic signals. Public Works Director Danielson stated that
the traffic lights will be installed in December of 1994.
�
In response to a question from Commissioner Tilsen, Mr., Fors
stated that a 4 foot chain link fence will be installed along
the property line. Planner Uban stated that a fence in the
front yard will require a variance. He stated the highway
already has a chain link fence which could be used.
Commissioner Tilsen stated that trash containers need to be
enclosed. Administrative Assistant Batchelder stated that
trash containers need to be inside a structure which can be
attached to a building. �
In response to a question from Commissioner Hunter,� Planner
Uban stated this is a smaller mass of homes and that the PUD
process allows for flexibility. ,
Commissioner Friel stated he disagrees with Planner Uban's
interpretation of the PUD ordinance. He stated that variances
from the PUD ordinance are not intended, they are only
intended in the zoning ordinance. ;
Commissioner Betlej noted his concerns for landscaping,
density and the impervious surface calculation. He,inquired
about street lights. Public Works Danielson briefly.reviewed
the street light policy. ;
�
Commissioner Friel stated that adequate information regarding
traffic, daycare, egress/ingress location and landscaping has
not been submitted. '
Planning Commission
August 23, 1994
Page 20
Commissioner Koll stated that the homes located on Victoria
Road, built by Mendota Homes, are not appealing. She stated
she would like to see an increase in brick frontage. She
further stated she would like to see a street design different
than row houaing. She noted her concerns for traffic and
landscaping.
Commissioner Tilsen atated there are some unacceptable grades.
He further inquired why Mr. Mathern is resisting berming where
it makes the most sense, along the highway. He further stated
that additional easements may be necessary for Lots 23 and 24.
Tilsen stated that the driveway pitches are unacceptable. He
stated that a ma.ximum grade should be established, i.e. 2
percent. He stated he would like to see more berming near the
units and that there should be different styles of units in
each area of the development. He stated that he does not like
Mr. Mathern' s reasoning on why there are basements in one area
of the development and not in other parts of the development.
He reiterated that berming should be constructed along the
highway ramps to help minimize the highway noise.
Vice Chair Duggan opened the meeting to the public.
Mr. Kevin Severson, 2496 Westview Terrace, stated this
development is right out his front door. He stated that this
is a beautiful area and would like to see it a park. He
stated that this area does not need 36 taupe townhomes coupled
with a daycare center. He noted his concerns for increased
traffic levels which will be generated by this project. He
stated that the proposed daycare is a commercial operation and
he is significantly opposed. He stated the plan does not meet
specific ordinance requirements and that it should be denied.
Mr. Severson submitted a petition opposing the plan.
Mr. Abdul Islam, Bridgeview Circle, stated he does not want to
see this property developed. He stated this project will be
directly beyond his backyard. He stated that he is opposed to
moving the road further east as it would move the road closer
to his home. He inquired if his property line for his rear
yard centered on the entrance of the development. He further
inquired if they could plant more evergreen trees north of
Mendota Heights Road. He stated that the trees located on the
east side of the property should remain to help reduce noise
levels.
Ms. Jana Patrick, 2536 Arbor Court, stated she would rather
see single family homes constructed in this area. She stated
that Mr. Mathern' s plan is better than the Rottlund plan. She
stated her concerns for traffic and that she does not want
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Planning Commission �
August 23, 1994 �
Page 21 f
4
street lights. She inquired what would happen to �he daycare
building should the daycare go under. She stated she'does not
want to see a daycare on this property. She further stated
' that fences do not stop children. She stated that a daycare
as large as the o:
over 100 children c
to see kids that
significant fumes
loss of trees.
ie being,proposed, loses its quality with
n the site. She inquired if the City wants
close to the highway where there are
�nd noise. She noted her concerns for the
I
Ms. Jackie Easton, 809 Westview, inquired if the City would
like children that close to the highway. She stated that they
will be exposed to significant traffic levels, noise and
fumes . She inquired if the City really wants a commercial
building at the entrance to the City. She further stated that
Dakota County has many standards that the daycare center must
abide by. She stated there are enough daycares in the City.
I
Mr. Mike Dumer, 2515 Arbor Court, stated the proposed plan has
come a long way from previous plans. He inquired where the
pond will be located in relation to the lot line. He noted
his concerns for pond size and its location. Mr. Mathern
responded that the pond will be designed by an engineer.
! Public Works Director Danielson explained the NURP
requirements. Vice Chair Duggan inquired if this area needs
soil analysis. Mr. Dumer inquired what trees would be lost.
Mr. Mathern responded that trees will be lost on the east side
of the property. He stated many trees will be lost. He
stated that he has shifted the development to help'preserve
some of the trees. He stated that he did not want to develop
� a mass structure, therefore, the trees will need to be
destroyed. Vice Chair Duggan stated that he calculated that
� 100 trees will be losa and that is unacceptable. Mr: Ma.thern
stated he is not in opposition of saving trees. Commissioner
Tilsen stated that some of the trees could be relocated.
; Mr. Dumer stated the traffic from the daycare will be too
. great, especially during rush hour. �
Ms. Barb Ruhlman, 816 Westview Circle, stated her objections
to the daycare and the loss of trees. ,
Mr. Kenton River, 782 Pondhaven, stated that the daycare is
too large and he noted his concerns for increased traffic. He
' stated that if the daycare is not successful, the City could
' have an empty commercial building.
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Planning Commission
August 23, 1994
Page 22
Commissioner Friel inquired if the right-•of-way vacation
includes much land. Mr. Mathern stated the right-of-way has
not been included in the calculations.
Commissioner Friel stated the underlying zoning is R-1 and
there is plenty of room for single family development. He
stated he does not see the need to rezone the property. He
stated a planned unit development can be completed with the
current zoning classification. He stated that if the property
is not rezon�d, then the R-1 designation rema.ins. He stated
that if the business fails, then the City can go back to uses
allowed. He further stated that not all information has been
received by the applicant.
Commissioner Friel moved to continue the public hearing to
September 27, 1994 at 8:30 o'clock P.M. in order to give the
applicant time to submit the following information:
1. A detailed traffic analysis for the child care center.
2. A detailed market analysis for the child care center.
3. A detailed financial report that includes specific
information about lending institutions and the project's
financing. �
4. A detailed description of the development schedule and
project completion.
5. A revised grading plan that includes revisions to lessen
the slope on the driveways.
6. A revised landscaping plan that includes more detail for
screening and berming and includes screening on the north
side of Mendota Heights Road where the access roads are
located.
7. A copy of the homeowner's agreement for the association.
8. Consideration of the location of the proposed street
intersections.
Commissioner Friel further stated that more detailed
information on the day care center including staffing,
licensing requirements, numbers of children, traffic flow and
parking, tree loss and fencing be submitted. Also, Mr.
Ma.thern should consider revised locations for the access
drive.
Commissioner Friel requested that information addressing the
four percent differential on impervious surface and the six
percent differential on lot size be addressed. He suggested
that Mr. Ma.thern consider pursuing the right-of-way vacation
along Mendota Heights Road.
Vice Chair Duggan seconded the motion.
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Planning Commission !
i August 23, 1994 �
! Page 23 i
AYES: 6 • ' 4
NAYS: 0 �
Due to the lateness, the Planning Commission moved to table
' discussion regarding ordinance revisions (detached garages and
� atadium in the R-1 District) and the Carlson Variance denial.
ADJOIIRNM}3NT �
�
There being n,o further business, the Planning Commission moved
to adjourn it meeting at 12:40 o'clock A.M. �
Respectfully submitted,
Kimberlee K. Blaeser � �
, Senior Secretary �
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CITY OF MENDOTA H�IGHTS
DAKOTA COUNTY, MINNESOTA
� AIRPORT RELATIONS COMMISSION • � �
AUGIIST 24, 1994 ;
�
The regular meeting of the Mendota Heights Airport Relations
Commission was held on Wednesday, August 24, 1994, in the City Hall
Large Conference Room, 1101 Victoria Curve. The meeting was called
to order at 8:00 o'clock P.M. The following members were�present:
Beaty, Fitzer, Leuman, Olsen, Olin, Stein and Surrisi. Also
present were City Administrator Tom Lawell and Senior Secretary Kim
Blaeser. �
INTRODIICTION OF NEW I�I�BR
Administrator Lawell introduced Cynthia Surrisi
Relations Commission.
APPROVAL OF MINOTES
to the Airport
�
Commissioner Olin moved approval of the July
minutes.
Commissioner Fitzer seconded the motion.
,
AYES: 6
NAYS: 0
ABSTAIN: 1, SIIRRISI
ACi�OLPI,LDGl3 RECEIPT OF VARIOIIS REPORTS/
CORRESPONDENCE
13, 1994,
�
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The Commission acknowledged receipt of the ANOMS Report for
June. Administrator Lawell stated that the number of
operations has increased dramatically since May: The
Commission noted that the winds in the month of June`dictate
where the air traffic flies. y
Chair Beaty noted that individual household complaints for
June were not noted. It was further noted that Mendota
Heights had recorded 194 complaints for June. The Commission
noted,that complaints might increase significantly for July
due to the distribution of the air noise magnets.
i
Chair Beaty noted that the Tower Log Report and All Operations
Report are different. He stated that this information'should
be the same. Commissioner Leuman noted that the use o�f Stage
II aircraft increased in June. Lawell stated that this may be
the function of increased traffic at MSP and/or more military
operations.
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Airport Relations Commission
August 24, 1994
Page 2
A brief discussion ensued regarding aircraft engine types and
that DC-9 and 727 aircraft have the same type of engine.
Commissioner Fitzer stated there are different variations of
727 engines and that hushkits are available for some 727
aircraft.
The Commission acknowledged receipt of the MAC MSP Monthly
Complaint Summary. Administrator Lawell noted that the number
of complaints are down significantly for.June as compared to
June 1992 and 1993. Commissioner Fitzer stated that the MAC
continuously assumes that Mendota Heights does not have a
problem with air noise. He stated that the reports all
indicate that Mendota Heights does experience an unfair share
of air noise.
The Commission acknowledged receipt of the NOISE Newsletter
for July. Administrator Lawell summarized a recent meeting
between airline/airport interests and FAA's Land Use
Compatibility Study Group. He explained that the study group
had seemed to agree that there was a need for further study of
a possib].e new approach to the problem of noise impact
thresholds. He stated that the approach would have involved
setting the threshold at LDN 60 for new residential
development while leaving it at LDN 65 for existing
residential uses. He stated that although they seemed initial
60 threshold, it now appears that the FAA is concerned that by
lowering the threshold, it would greatly increase liability
exposure for noise damages. The NOISE group, which had
lobbied hard for the adoption of a lower threshold, is not
optimistic that their efforts will now prove successful.
Administrator Lawell briefly summarized a controversy
currently underway regarding expansion of Sky Harbor Airport
at Phoenix, AZ. He explained that Phoenix and its neighboring
community of Tempe have asked FAA to give the cities assurance
that noise mitigation flight procedures they have agreed to as
a part of a new runway proj ect at Sky Harbor will never be
changed. He explained that this situation is somewhat similar
to that with Mendota Heights and Eagan southern boundary
issue. He stated that the permanence of procedures is even
being questioned in Arizona.
The Commission acknowledged receipt of the Richfield Part 150
Buyout Update for July.
The Commission acknowledged receipt of the SMAAC Newsletter
for August. Chair Beaty reviewed SMAAC's August 3 interview
with Jeff Hamiel, Executive Director of tfie MAC. He noted
that Mr. Hamiel stated that at some point in time the airport
will need to be moved.
Airport Relations Commission
August 24, 1994 �
Page 3 {
; In response to a question from Commissioner ;Leuman,
Administrator Lawell stated the City is a member of SMAAC.
Chair Beaty reviewed information, from the SMAAC newsletter,
� regarding Mr. Alton Gasper, MAC Commissioner, who will
� organize a symposium in October on the Remote Runways �concept.
, �
, The Commission acknowledged receipt of an article from the
July 27, 1994 Richfield Sun Current newspaper regarding City
Officials from Richfield opposing the extension of Runway 4-22
which would shift noise from Minneapolis to Richfield. Chair
, Beaty stated the City of Mendota Heights wants to see air
noise equally distributed. Administrator Lawell stated the
MAC will make their decision on the extension of 4-22 by the
� end of the year. Commissioner Stein inquired if the airport
could extend the runway system in a different location.
Lawell stated there is no room to extend any of the other
runways without acquiring additional property. ;
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� The Commission acknowledged receipt of a copy of the Supreme
Court Decision regarding SMAAC/MPL Lawsuit. +
The Commission acknowledged receipt of a July 18, 1994 Star
Tribune article regarding the Need for a New Airport. Chair
� Beaty noted that this was a good article and that it would be
nice to see the St . Paul Newspaper cover this important topic .
A brief discussion ensued regarding landing surcharges.
Commissioner Surrisi suggested
; information though the Freedom of
• fees for leasing gates and landing
that the City� request
Information Act regarding
rights. '
;
' The Commission acknowledged receipt of an editorial�prepared
by Chair Beaty which recently appeared in the August•17, 1994
� edition of the West St. Paul/Mendota Heights Sun;Current.
� Administrator Lawell noted that Mayor Mertensotto commended
Chair Beaty on the well written article. Chair Beaty
submitted an article from a recent edition of the.Highland
Villager regarding Mendota Heights recent preparation of the
Airport Noise Plan. �
The Commission acknowledged receipt of a letter from City
residents Fussell and Chen regarding air noise concerns.
Administrator Lawell submitted a copy of several�articles
which will appear in the upcoming Heights Highlites
newsletter. The articles will summarize information regarding
why all residents should be concerned about air noise, the
airport noise plan and a copy of the air noise ma.gnet.
Administrator Lawell stated that the article regarding why all
residents should be concerned about air noise was specifically
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Airport Relations Commission
August 24, 1994
Page 4
written to explain that even residents of the northend should
be concerned with the preservation of the community's overall
tax base and the future airport expansion plans. He explained
that the next newsletter will be sent in October.
It was noted that Commissioners Surrisi and Beaty never
received an air noise magnet in their mailbox as part of our
recent mailing.
DISCIISS RECENT MPCA COMPLAINT REGARDING
AIRCR.AFT EMISSIONS
Administrator Lawell stated that the City was recently
contacted by the Minnesota Pollution Control Agency (MPCA)
regarding a complaint they received on July 26, 1994 from an
individual who resides in the Lexington Heights Apartments
complex located at 2330 Lexington Avenue. He explained that
the complaint alleges that aircraft flying over the area are
emitting some type of fuel or chemical which is damaging the
exterior finish on vehicles parked outside. He further stated
that the Mendota Heights Police were also called to the scene
to investigate the incident.
Lawell stated that the PCA suggested that the matter was one
of local concern only and that the City should be responsible
for investigating and resolving the complaint. Lawell stated
that if aircraft are discharging corrosive by-products into
the environment, the matter is not of interest to Mendota
Heights alone. He explained that he had sent a letter to the
MPCA asking for their continued assistance in the matter and
that the City is currently waiting to hear back from the PCA.
Lawell stated that any type of scientific testing will likely
be expensive. Commissioner Surrisi that she would not like to
see any public money spent on this issue and suggested that
there may be a resident in the•City who is an engineer that
could help out. Commissioner Fitzer stated that it is rare to
have an aircraft dump fuel. He stated he has never done it in
his many years of flying. He further stated that usually an
emergency situation would necessitate dumping of fuel.
Commissioner Surrisi stated that she does not recall ever
seeing any incident reports from pilots dumping fuel.
Commissioner Fitzer stated that fuelers have more spills.
Administrator Lawell inquired if it is possible that hydraulic
fluid could have been emitted. Commissioner Fitzer stated
that it is not common but that hydraulic fluid is extremely
corrosive. Lawell inquired if these incidents are documented.
Commissioner Fitzer stated that this information is usually
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Airport Relations Comm�ission
August 24, 1994 �
Page 5
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documented, and if it is a Northwest Airlirtes incident, it
would be documented with the Northwest Safety Department. He
further stated that the FAA would not necessarily know.
Commiasioner Surrisi stated that documentation is recorded
with NASA and that the City could request information from
that entity. ;
Commissioner Stein, who is a resident of the Furlong Addition,
stated that he too has experienced some damage to his
vehicles. He stated that the chemical was corrosive. He
stated that the chemical was a real fine granular, fine ash
substance. '
�
Commissioner Olsen inquired if the PCA has ever been informed
of the exhaust emissions from the aircraft. Lawell responded
that there has been some research completed by the , PCA and
that they claim there is no problem.
Commissioner Surrisi stated that if a claim has been made
against Northwest Airlines, then there should be documentation
for property damage. ,
�DISCIISS RESOLIITION ON PHASL OIIT OF NOISY
STATE II AIRCRAFT BY NORTHWEST AIRLINES
Administrator Lawell stated that the Commission had recently
adopted an Airport Noise Plan of Action and within the plan
there is a section dealing with the nationwide phase out of
noisier Stage II jet aircraft. He explained that at a recent
joint meeting between the Council and Commission,; it was
suggested that the City adopt a resolution related;to this
issue in order to help asaure the rapid transition to an all
Stage III fleet. '
Commissioner Fitzer moved to recommend that the City�,Council
adopt Resolution No. 94- , A Resolution Urging the State of
Minnesota and the Metropolitan Airports Commission to Require
Northwest Airline's Full Conversion to a Quieter Stage III
Aircraft Fleet at Minneapolis/St. Paul International�Airport
by the Year 2000, and that a copy of the resolution be
forwarded on to the MAC, key legislators and the appropriate
State agencies. ,
Commissioner Leuman seconded the motion. i
Commissioner Stein inquired why the City cannot request that
the process move quicker. Commissioner Surrisi stated the
City can request information on when Northwest int'ends to
retire specific aircraft. She suggested that the resolution
could include the schedule of retiring aircraft. �
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Airport Relations Commission
August 24, 1994
Page 6 �
Commissioner Olsen stated the City should ask to have the
schedule accelerated. He further inquired if other Cities in
the country have more Stage III activity than MSP.
Commissioner Fitzer suggested that Detroit and Minneapolis
airports should be compared; He stated there probably is fair
distribution between Stage II and Stage III aircraft.
Commissioner Stein offered a friendly amendment to the motion
suggesting that the proposed resolution be amended to
encourage an.accelerated usage of Stage III aircraft at MSP
prior to the year 2000 that the City should emphasis speeding
up the Stage III aircraft process.
Commissioner Fitzer accepted the friendly amendment.
VOTE ON THE AN�TDE:D MOTION:
AYES: 7
NAYS: 0
IIPDATL ON IDlPL�NTATION OF NON-SIMIILTANLOIIS
AIRCRAFT Di3PARTURE PROCLDIIRES
Administrator Lawell stated that he had attended a MASAC
Operations Committee meeting at which staff inembers Richard
Reinz and John Foggia and FAA Tower Chief Bruce Wagoner were
present. He stated that during their discussions, he raised
the issue of the modified non-simultaneous departure procedure
and he was informed that MAC had forwarded the procedure to
the FAA for review in early 1993. He stated that after the
review, the FAA concluded that the modified flight tracks
would adversely impact several homes in the area and therefore
the proposal would need an Environmental Impact Statement
prior to implementation. He further stated that he had
expressed the City's displeasure and frustration regarding the
timeline associated with implementing the modified procedures.
He stated that the City had been kept completely in the dark
regarding the status of the issue and that the City' s specif ic
written request for such an update has been ignored for over
five months.
Lawell stated that he had requested a written reply from MAC
describing the status of this issue. He further stated that
we should forward to the FAA a letter of inquiry as they
appear to be the agency holding up the implementation of the
procedure at this point.
Commissioner Fitzer explained magnetic changes and how they
affect headings and contours of aircraft. He stated that the
magnetic changes have recently changed and that they changed
to the advantage of Mendota Heights.
Airport Relations Commission
August 24, 1994 �
Page 7 �
f i
Chair Beaty noted his dismay with the MAC�and FAA in not
informing the City. He stated that the Administrator and
Ma.yor should send letters informing the MAC and FAA of the
City's displeasure. , ;
VERBAL IIPDATLS
The Commission acknowledged receipt of a list ,of MAC
Commissioners and a ma.p depicting each Commissioner' s district
they represent. A brief discussion ensued regarding'how the
City could pursue a MAC representative from Mendota Heights.
Administrator Lawell suggested that Commissioner Himle,
Mendota Heights Commissioner, be invited to attend an Airport
Relations meeting. Commissioner Fitzer submitted a copy of
the MSP Airport Newspaper which included
information/photographs of each MAC commissioner.
Commissioner Fitzer stated that moat of the MAC representation
is from the northern suburbs. He further stated that Mendota
Heights's interest are not represented. In response to a
question from the Commission, Administrator Lawell stated that
the MAC Commissioners are not paid, full time employees. A
brief discussion ensued regarding the MAC's Vision Statement.
Administrator Lawell stated he would provide the Commission
with an improved, more readable map of each Commissioner's
district. He further stated that he would invite MAC
Commissioner John Himle, Councilmember Smith and MAC Executive
Director Jeff Hamiel to upcoming Airport Relations Commission
meetings. '
, ;
Administrator Lawell updated the Commission on the current
status of the MSP Long Term Comprehensive Planning Process.
�
Administrator Lawell updated the Commission on the status of
the MAC's analysis of the "close-in�� vs. '�distant'! flight
profiles. He stated there are different profiles and that
noise exposure contours for each profile will not be available
from the MAC for another 45 days.
Administrator Lawell stated that there will be a joint
MAC/MASAC meeting on October 4, 1994. He stated that this
meeting falls on a regular City Council meeting and that the
Council ma.y wish to have a representative from the Commission
present at that meeting. ;
Administrator Lawell distributed bound copies of the Air Noise
Plan of Action. �
Airport Relations Commission
August 24, 1994
Page 8
Administrator Lawell distributed copies of upcoming Airport
Relations Commission meeting schedule through December 1995.
Administrator Lawell distributed copies of a sample letter
which will be sent to area legislators regarding how the City
of Mendota Heights is addressing airport noise concerns.
Included with each letter will be a copy of the Air Noise Plan
of Action.
•. •i• �:�
There being no further business, the Airport Relations
Commission adjourned its meeting at 10:15 o'clock P.M.
Respectfully submitted,
Kimberlee K. Blaeser
Senior Secretary
I
I
1
T0: ,
FROM:
SUBJECT:
MEMO
Date: 8-24-94
Mayor, City Council, and City Administrator
Paul R. Berg, Code Enforcement Officer ��` R•�y
Building Activity Report for August 1994
CURRENT MONTH , YEAR TO DATE 94
BUILDING
PERMITS: No. Valuation Fee Collected
SFD ' S 938,944.00 7,828.44
APT 0 0 0
TONNHOUSE 0 0 0
CQNDO 0 0 0
MISC. 55 619,789.00 9,856.76
C/I 12 354,830.00 3,668.55 I
��_��������______������������__��__�_______�
Sub Totat 72 1,913,563.00 21,353.75 �
TRADE ; _
PERMITS:
Plunbing 17 2,394.00
Water 11 55.00
Sewer ' 10 175.00
Heat, AC, ,
& Gas 30 3,454.00 �
-------------------------------------------�
Sub Total 68 6,078.00 �
� No. Valuation Fee Collected
�
� 37 7,210,174.00 59,440.85
� 0 0 0
� 0 0 0
� 10 928,524.00 6,269.18
� 266 7,534,395.00 57,408.44
I 41 14,239,169.00 66,501.56
'_�_��_�_��__�_'___'____�__�'����_�__
354 29,912,262.00 189,620.03
� 99 7,581.00
� 61 305.00
I 63 1,102.50
174 15,228.00 ,
------------------------------------1
397 24,216.50 �
Licensina• � (
�
�
i
_ �
�
YEAR TO DATE 93
E
�
� No. Valuation Fee Collected
� �
� 62 10,263,586.00 82,434.15
� 0 0 0
� � 0 0
� 28 2,669,379.00 18,140.12
� 217 1,592,605.00 27,775.16
� 45 5,095,829.00 38,036.71
}____'��_�_���_____�_���_____���_���_
� 352 19,621,400.00 166,386.74
� �
� �
I • ,
� �
� �
� 147 ' S,386.00
� 96 480.00
� 93 , 1,627.50
� �
I 200 . 12,523.00
536 ; 20,016.50
� � I
Contractor�s � '
Licenses 21 525.00 � 310 7,750.00 � 304 , 7,600.00
-------------------------------------------+------------------------------------+------------------------------------
Total ; 161 1,913,563.00 27,956.75 �1061 29,912,262.00 221,586.53 �1192 19,621,400.00 194,002.64
NOTE: All fee amounts exclude Sac, Wac, and State Surcharge. Amounts shown uill reflect only permit, plan check fee, and
� valuation amounts. !
i �
{
�
t
� . �
CITY OF MENDOTA HEIGHTS
�� �
September 1, 1994
; TO: Mayor, City Council and City Administrator �
, �
FROM: James E. Danielson, .
' Public Works Direc or �
SUBJECT: Dodd Road/Mendota. Heights Road Traffic Signal Agreement �
Mn/DOT has submitted the Cooperative Agreement whereby they agree to participate
in 50 % of the costs for constructing a new traffic control signal at Trunk Highway 149 (Dodd
Road) and Mendota. Heights Road. The proposed agreement is attached. According to the
' agreement Mendota Heights will design, conshuct, and fund the signal and then bill Mn/DOT
for their share of the costs. Mn/DOT also furnishes approximately $20,500 worth of the
signal equipment and accordi.ng to the agreement Mendota Heights will reimburse Mn/DOT
for 50 °!o of those costs. '
�
All of Mendota Heights' share of the costs for the signal will be submitted to MSA for
reimbursement.
t
� RECOIVIlVIENDATION: �
I recommend that the Ci formall a to artici ate with D T' �
tY Y� P P � O in the
construction of a new traffic signal to be located at Trunk Highway 149 (Dodd Road) and
Mendota Heights Road according to the attached Agreement No. 72616. '
ACTION REQUIRED:
If Council desires to implement the recommendation they should pass a motion
adopting Resolution No. 94-_, RESOLUTION APPROVING AG ++ NO. 72616
BETWEEN THE STATE OF 1VIINNESOTA, DEPARTIV�'.NT OF TRANSPORTATION
' AND THE CITY OF MENDOTA HEIGHTS. �
}
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 94
RESOLUTION APPROVING AGI7��EMENT NO. 72616 BETWEEN THE
STATE OF AiIINNESOTA, DEPARTMENr OF TRANSPORTATION AND THE
CITY OF ME1�iDOTA HEIGHTS
WHEREAS, Mendota Heights and the State of Minnesota, Department of
Transportation have determined it necessary to install a traffic signal at the intersection of
Trunk Highway 149 (Dodd Road) and Mendota. Heights Road; and
WHEREAS, Mendota Heights and State of Minnesota, Department of Transportation
have agreed to share in the costs of constructing and maintaining that signal.
NOW THEREFORE, BE IT ItFSOLVED that the City of Mendota Heights enter
into an agreement with the State of Minnesota, Department of Transportation for the following
purposes, to-wit:
To install a new traffic control signal with street lights, emergency vehicle pre-
emption, interconnect and signing on Trunk Highway No. 149 (Dodd Road) at
Mendota heights Road in accordance with the terms and conditions set forth and
contained in Agreement No. 72616, a copy of which was before the Council.
BE IT FiJRTHER RESOLVED, that the proper City officers he and hereby are
authorized to execute such agreement, and thereby assume for and on behalf of the City all of
the contractual obligations contained therein.
Adopted by the City Council of the City of Mendota Heights this 6th day of
September, 1994.
CITY COUNCIL
CITY OF MENDOTA II�IIGHTS
��
ATTEST:
Kathleen M. Swanson, City Clerk
Charles E. Mertensotto, Mayor
I
August 29, 1994
Minnesota Department of Transportation
Mr. Jim Danielson
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, Minnesota 55118
Metropolitan Division
Golden Valley Office
2055 North Lilac Drive
Golden Valley, Minnesota 55422
Re: S.P.1917-32; S.A.P.140-103-11
Trunk Highway No. �49 at Mendota Heights Road
Traffic Control Signal Agreement No. 72616
Dear Mr. Danielson:
Enclosed please find three original copies of the agreement between the State of Minnesota,
Department of Transportation and the City of 1Vlendota Heights covering the cost, maintenance and
operation of the traffic control signal for the above referenced project. "
Kindly review the agreement, and, if approved, present it to the proper officials for execution on
behalf of the City of Mendota Heights. They should be advised to sign all copies of the agreement,
making sure to attach the corporate seal to all copies thereof and to all copies of the resolution.
i
In accordance to paragraph. 11 of the �agreement regarding periodic construction inspection, please
contact Mr. Robert Betts at 779-5189 when the preconstruction meeting for the project has been
established. Mr. Betts will assign a Department Traffic Section representative to the project. The
State will be responsible for locating the signal system hardware. �
Please return the executed agreements to my attention for further processing. When the agreement
has been fully executed, a copy will be returned to the City of Mendota Heights. '
If you have any questions or comments, please call me at 797-3134.
Sincerely,
Minnesota Departnzent of Transportation
� �
.
Anthony . niecki
Division Signal Design Engineer
i
,
Enclosure: Agreement (3)
c: Mary Bieringer - Metro State Aid
Greg Coughlin - Mn/DOT Cooperative Agreements
Gary Thompson - Mn/DOT Metro Traffic
Marthand Nookala - Mn/DOT Metro Traffic
Amr Jabr - Mn/DOT Metro Traffic
Robert Betts - Mn/DOT Metro Traffic
file Arz Equal Opportunit�� Enzployer
.�
N k�
MINNESOTA TRANSPORTATION DEPARTMENT
TRAFFIC CONTROL SIGNAL
AGREEMENT NO. 72616
BETWEEN
THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION
THE CITY OF MENDOTA HEIGHTS
TO
Install a new Traffic Control Signal with Street Lights,
Emergency Vehicle Pre-emption, Interconnect and Signing on Trunk
Highway No. 149 (Dodd Road) at Mendota Heights Road in Mendota
Heights, Dakota County, Minnesota.
S.P. 1917-32
S.A.P. 140-103-11
Prepared by Traffic Engineering
ESTIMATED AMOUNT RECEIVABLE
Citv of Mendota HeiQhts $10,250.00
AMOUNT ENCUMBERED
$73,699.20
i i I
THIS AGREEMENT made and entered into by and between the
- ,
State of Minnesota, Department of Transportation, hereinafter
referred to as the "State", and the City of Mendota Heights,
hereinafter referred to as the �"City", WITNESSETH: �
I
WHEREAS, Minnesota Statute 161.20 authorizes the
Commissioner of Transportation to make arrangements with and
I
cooperate with any governmental authority for the purposes of
constructing, maintaining and improving the Trunk Highway system;
and �
WHEREAS, it is justified and considered mutually
desirable to install a new traffic control signal with street
lights, emergency vehicle pre-emption, interconnect and signing
on Trunk Highway No. 149 (Dodd Road) at Mendota Heights Road; and
�
WHEREAS, the City requests and the State agrees�to the
installation of an Emergency Vehicle Pre-emption System, �
�
hereinafter referred to as the "EVP System��, as a part of the new
traffic control signal installation on Trunk Highway No. 149
(Dodd Road) at Mendota Heights Road; and �
WHEREAS, it is considered in the public's best interest
t
for the State to provide two (2) pedestal shafts and bases and a
I
new cabinet and controller for said new traffic control signal.
�
Such materials as described immediately above shall herei:nafter
be referred to as "State furnished materials"; and �
i
, WHEREAS, the City and State will participate in the
cost, maintenance and operation of the traffic control signal
f
�
72616
-1-
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e
with street lights, EVP System, interconnect and signing as
hereinafter set forth;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The City shall p"repare the necessary plan,
specifications and proposal which shall constitute ��Preliminary
Engineering". Th� City shall also perform the construction
inspection required to complete the items of work hereinafter set
forth, which shall constitute "Engineering and Inspection" and
shall be so referred to hereinafter.
2. The contract cost of the work or, if the work is
not contracted, the cost of all labor, materials, and equipment
rental required to complete the work, except the cost of
providing the power supply to the service pole or pad, shall
constitute the actual "Construction Cost" and shall be so
referred to hereinafter.
. 3. The City with its own forces and equipment or by
contract shall install a new traffic control signal with street
light, EVP System, interconnect and signing on Trunk Highway
No. 149 (Dodd Road) at Mendota Heights Road in accordance with
State Project No. 1917-32 and State Aid Project No. 140-103-11.
Estimated Construction Cost is $136,480.00. State's share is
50 percent. City's share is 50 percent.
4. The State will furnish to the City the State
furnished materials to be installed with the City work provided
in Paragraph 3. Estimated cost for State furnished materials is
72616
-2-
r � �
i
�$20,500.00.
50 percent.
State's share is 50 percent.
�
� � �
. `
E
City's share is
. • �
, 5. Upon execution of this agreement and a request in
writing by the State, the City 'shall advance to the State an
amount equal to its portion of the costs as specified in #
Paragraph 4. The,City's costs shall be based on the estimated
costs for State furnished materials.
6. Upon compilation of the actual costs for State
furnished materials, the amount of the funds ad�anced by the City
in excess of the City's share will be returned to the City
without interest and the City agrees to pay to the State that
amount of its share which is in excess of the amount of the funds
r
advanced by the City. �
i
�
�
7. Upon completion of the work provided for in
(
Paragraph 3 hereof to the satisfaction of the State's Ass�istant
Division Engineer at Roseville or his duly authorized t
representative, the State shall pay to the City the State's share
of the actual Construction Costs (which cost excludes the
aforementioned State furnished materials) plus eight (8) �percent
of its share for the Cost of Engineering and Inspection.'
8. The amount to be encumbered for payment to the
City from Trunk Highway Funds for the construction work performed
under this Agreement is $73,699.20, which is the State's'share of
i
, the Construction and Engineering and Inspection Costs. In the
event that at any time it appears that such reimbursement will
�
72616
-3-
f 1
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exceed said sum, the City shall promptly notify the State's
Assistant Division Engineer at Roseville or his duly authorized
representative of the reason for the increase in cost and,the
amount of additional funds necessary to complete the project. If
approved by the State's Assistant Division Engineer at Roseville
or his duly authozized representative, additional funds shall be
encumbered by the State and notice by the State's Assistant
Division Engineer at Roseville or his duly authorized
representative to the City of that additional encumbrance will
permit the City to complete this project.
9. Payment to the City will be made by the State for
such work whieh is complete and approved and upon submission by
the City of an invoice in quintuplicate itemizing the actual
Construction Cost and certified by a responsible City official
that said work has been completed under the terms of this
Agreement. The invoice and supporting records are subject to
audit by the State's representative at the direction of the
State.
10. In the event the City advertises for bids for all
or a portion of the work in Paragraph 3 hereof, the City shall
submit to the State a certified copy of the low bid received and
an abstract of all bids received by the City, together with the
City's request for concurrence by the State in the award of a
construction contract. Award of the contract shall not be made
until the State advises the City in writing of its concurrence.
72616
-4-
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i
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11. The construction work provided for herein shall be
, • E
under the direction and supervision of the City. It is agreed,
however, that the State shall have the right to periodically
inspect said cost sharing const"ruction work. �
, i
12. The City shall provide an adequate electrical
f
power supply to the service pad or pole, and upon completion of
t
said new traffic control signal with street lights installation
shall provide necessary electrical power for its operation at the
cost and e ense of the Cit `
XP Y• �
13. Upon completion of the work contemplated in
Paragraph 3 hereof, it shall be the City's responsibility, at its
cost and expense, to: (1) maintain the luminaires and all its
components, including replacement of the luminaire if necessary;
(2) relamp tYie traffic control signal and street lights; and
(3) clean and paint the traffic control signal, cabinet and
i
luminaire mast arm extensions. It shall be the State's �
res onsibilit '
p y, at its cost and expense, to maintain the signing
and interconnect, and perform all other traffic control signal
and street light maintenance. �
14. The EVP System provided for in Paragraph 2;hereof
�
shall be installed, operated, maintained or removed in accordance
with the following conditions and requirements. �
a) All maintenance of the EVP System shall be
, done by State forces.
72616
-5-
b) Emitter units may be installed and used only
on vehicles responding to an emergency as
defined in Minnesota Statutes Chapter 169.01,
Subdivision�5 and 169.03. The Citv will
provide the State's Assistant Division
, Engineer or his duly appointed representative
a list of all such vehicles with emitter
units.
c) Malfunction of the EVP System shall be
reported to the State immediately.
d) In the event said EVP System or components
are, in the opinion of the State, being
misused or the conditions set forth in
Paragraph b above are violated, and such
misuse or violation continues after receipt
by the City of written notice thereof from
the State, the State shall remove the EVP
System. Upon removal of the EVP System
pursuant to this Paragraph, the field wiring,
cabinet wiring, detector receiver, infrared
detector heads and indicator lamps and all
other components shall become the property of
the State.
72616
-6-
. . i '
, ;
. . . � c
�,
e) Al1 timing of said EVP System shall be
determined by the State through its i
,
Commissioner of Transportation. ti
;
, �
15. Any and all persons engaged in the aforesaid work
to be performed by the City shall not be considered employees of
the State and any.and all claims that may or might arise under
,the Worker's Compensation Act of this State on behalf of said
employees while so engaged, and any and all claims made by any
�third party as a consequence of any act or omission on the part
of said employees while so engaged on any of the work +
contemplated herein shall not be the obligation and '
responsibility of the State. The City shall not be responsible
under the Worker's Compensation Act for any employees of the
State. ,
C
16. Timing of the traffic control signal provided for
f
herein shall be determined by the State, through its Comm�ssioner
of Transportation, and no changes shall be made therein except
with the approval of the State.
;
f
�
72616
-7- �
CITY OF MENDOTA HEIGHTS
APPROVED AS TO FORM:
' BY
City Attorney Mayor
(City Seal)
By
� City Administrator
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
RECONIMENDED FOR APPROVAL: DEPARTMENT OF TRANSPORTATION
Assistant Division Engineer
Operations Division
By
Assistant Commissioner
Dated
APPROVED AS TO FORM AND EXECUTION:
' DEPARTMENT OF ADMINISTRATION
_ BY
„ Assistant Attorney General
State of Minnesota
Dated
DEPARTMENT OF FINANCE
By
Dated
72616
-8-
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' CITY OF MENDOTA HEIGHTS �
f
1
MEMO �
�
August 31, 1994 i
0
TO: Mayor, City Council and City Administrator
FROM: Paul R. Berg, Code Enforcement Officer ��'. �j, ;
SUBJECT: Proposed Sign for D.D.'s Dance Studio .
, f
,INTRODIICTION
,
SignArt has submitted a sign permit and drawings requesting
City Council approval of a sign permit for D.D.'s Dance Studio
,located at Mendota Plaza.
;
DISCIISSION ,
The sign as proposed will contain 21 square feet and will be
�installed on the sign band provided�by Paster Fnterprises at the
Mendota Plaza. Paster Enterprises has approved the sign as
proposed on August 30, 1994 (see attached drawings). , I have
reviewed the City Council approved Mendota Plaza Shopping Center
Sign Criteria Policy and the sign as proposed will comply.
�
�RECOMMENDATION �
;
� I recommend that City Council approve the request for a 21
square foot sign to be installed on the sign band provided by
Paster Enterprises at the Mendota Plaza. `.
ACTION RE4IIIRED i
' If City Council wishes to implement the above recommendation,
a motion should be passed approving the issuance of a sign permit
which would allow the installation of a 21 square foot sign; on the
sign band provided by Paster Enterprises at the Mendota Plaza, for
D.D.�s Dance Studio. �
PRB:kkb �
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AUG 31 '94 08�04 SIGN
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CITY OF MENDOTA �IEIGI�TS
t �! i
August 24, 1994 �,
TO: Mayor, City Council and City Ad '
FRflM: Jahn M. Maczko, Fire Chief
5UBJECT: Apgaintment Bret Blaeser as Fire Fighter
DISCUSSI4N:
�
Bret Blaeser's probationazy period ends September 7, 1994. Thmughout the� last year -
the department has been watchi�g and �ainiz�g Bret. Bret has completed all of the required
training. He is also an enthusiastic and energetic individual. He's made required tr�a7ining
meetings, cleanup and cantinues to want to Iearn more.
�
RECQNIlV.�1'N�IYDATIUN:
The F�cecutive Baard and I recommend that Brei Blaeser be appointed ta the position
of Fire Fighter after successfiully completing his one year probationary periad. '
ACTION REQUIRED.
� �
If Counc�l concurs with the recommendatian they should pass a motion agpainting Bret
Blaeser to the position of Firefighter effective September 7, 1994. �
�
i
�
JPM: d�w '
z
TO:
� FROM:
' SUB�JECT:
CITY OF MENDOTA HEIGHTS
Mayor, City Council and City Admi.nistrator
7ohn M. Maczko, Fire Chief
Probationary Period Firefighters
August 25,
The purpose of this memo is to seek approval for the appointment of three (3) new
! firefighters to the position of probationary Fire Fighter for a period of one year effective
September 6, 1994. ;
DISCUSSION:
The Fire Department currently has three (3) positions open on the Fire Department.
Since late May the department has been soliciting and reviewing applicants for the three
positions. The process began in late May when an advertisement was put in the Southwest
Review and Heights Iiighlights requesting anyone interested in becoming a volunteer
firefighter to attend an orientation session in June. ,
5ixteen people attended one of two orientation sessions. At the orientation sessions '
prospective applicants were informed about the fire department, activities, operations, and �
given an opporlunity to ask questions. After the orientation process, if they were still �
interested, they were asked to fill out applications or update existing applications. 7�velve i
people responded with applications. The next step was a written questionnaire that, would be i
used for evaluation and a physical agility exam. Ten people retumed their written �
questionnaires and completed the physical agility exam. After evaluation by the evaluation I
team consisting of the Fire Department Executive Board and City Administrator Tom La,well, i
seven applicants were chosen to participate in the oral interview process. The oral interview �
was conducted by the Fire Department Executive Board and the City Administrator. Through!
this selection process the following three people were offered conditional appointmentss based !
on a successful passing of a physical examination, criminal history background check, and �
appoinhnent by the City Council. �
(
The three people are: Mr. David Paton of 2471 Canton Court. David is a fmancial j
planner for Paine Webber; Michael Brennan of 2240 Rogers Court. Michael is a`street �
mai.ntenance foreman II for the City of St. Paul; and Ronald Katzenmaier of 2224 Swan Court.
Ronald is owner-operator of his own business, has 2 years fire experience with the`Air �
National Guard.
RECOIVIlVIENDATION:
Fire Department Fxecutive Board and I recommend that the above three people be
appointed to a one year probationary status on the Mendota Heights Fire Department effective
September 6, 1994.
ACTION REQUIRED:
If Council concurs with the recommendation they should pass a motion appointing
David Paton, Michael Brennan, and Ronald Katzenmaier to the position of probationary
firefighter effective September 6, 1994.
JPM:dfw
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CITY OF MENDOTA HEIGHTS
MIIVIO
TO: Mayor, City Council and City A
FROM: James E. Danielson .
' Public Works Direc
SUBJECT: Speed Limit on Delaware Avenue (C5AH 63)
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August 25, 1994}
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DISCUSSION• ;
� At the Apri15, 1994 meeting Council received a request from Sunfish Lake asking
Mendota Heights to support them in their request to Dakota County and Mn/DOT to lower thel
speed on Delaware Avenue (resolution attached). Mn/DOT has now completed their study and
has concluded that the existing 45 MPH speed limit is a reasonable and safe speed (see �
attached letters from Dakota County and Mn/DOZ�. f
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; ACTION REQUIItED• j i
For information only.
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City of Mendota Heights
Dakota County, Nlinnesota
RESOLUTION NO. 94�27
RE50LUTION REQUESTING THAT DAKOTA COUNTY TAKE
APPROPRIATE ACTIONS TO HAVE T� SPEED F.IlVIIT ON
DELAWARE AVENUE (CSAH 63) REDUCID
BET'�yEEN TRUNB ffiGHWAY 149 AND I-494
WHEREAS, Delaware Avenue abut� the City of Mendota Heights aad the City of
Sunfish Lake; and
�VHEREAS, Dela,ware Avenue is cunently under the jurisdiction of Dakota County;
and
WHEREAS, there have beea aa unusually high number of motor vehicle accidents on
Delaware Avenue during 1993 between Trunk Highway 110 and I-494; and
W�REAS, both Mendota Heights and West St. Paul Police Departments in whose
jurisdiction this roadway falls believe that reducing the speed would serve to reduce the
number of accidents; and
+� , development resulting in more motor vehicles, pedestrian and bicycle
traffic has continued to increase rapidly in the azea this year; and
� W�REAS, there are a significant number of private driveways which access onto
Dela.ware Avenue where visibility aad sight distances may not be at the optunum level; and
WHEREAS, the City of Mendota Heights is concerned that the speed limit along
Delaware Avenue as currently authorized maybe in excess of that which is consistent with
safe operation of vehicular traffic.
NOW THEREFORE, BE IT RESOLVID that the City Council of the City of
Mendota Heights hereby requests that Dakota County and the Minnesota Department of
Transportation, reduce the speed limit along Delaware Avenue between Trunk Highway 110
and I-494 to 40 miles per hour.
Adopted by the City Council of the City of Mendota Heights this Sth day of April, 1994.
CTTY COUNCII.
CITY OF MENDOTA HEIGHTS
By: ��..� � G�7�.....�
Charles E. Mertensotto, Mayor
ATTi�ST:
� ��,.�.—
K thleea M. Swanson, City Clerk
� 1 DA KOTA COUNT Y
HIGHWAY DEPARTMENT
14955 GALAXIE AVENUE, 3RD FLOOR
0
August 17, 1994
Mr. James Danielson
Public Works Director
City of Mendota Heights
' 1101 Victoria Curve
; Mendota Heights, MN 55118
� Re: Speed Limit on CSAH 63 (Delaware Ave.)
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DAVID L. EVERDS, P.E.
COUNTY ENGINEER
(612) 891-7100 �
Faic (612) 891-7127
APPLE VALLE`f, MINNESOTA 55124-8579
, Dear Jim: �
, `
As requested by City Resolution No. 94-27, Dakota County
requested the Minnesota Department of Transportation to perform ,
engineering and traffic investigations to determine the �
reasonable and safe speed limit on CSAH 63 (Delaware Ave.)
between I-494 and T.H. 110. 4' �
k �
The State of Minnesota completed their study and have authorized
retaining the 45 mph speed limit on this roadway. I have j
attached a copy of the Mn/DOT correspondence for your , j
information. �
Sincerely,
� '�-
eter L. Sorenson
Traf f ic Engineer
� PLS/ckj
Attachment
� n:D�nielan
�
Printed on Recycled Paper AN EQUAL OPPORTUNITY EMPLOYER
� � I
June 17, 1994
Minnesota Department of Transportation
Metropolitan Division
Golden Valley Office
2055 North Lilac Drive
Golden Valley, Minnesota 55422
Peter L Sorenson, Traffic Engineer
Dakota County Highway Department
14955 Galaxie Avenue, 3rd floor
Apple Valley, Minnesot� 55124-8579
Re: Speed Zoning
Dakota CSAH 63
Dear Mr. Sorenson:
RECEIVE�
.;u�N 2 � 1994
a�xorw courunr
HIGHWAY QEPARTMENT
A speed zoning study for CSAH 63 has been completed as requested in County Board
Resolution No. 94-352 and your April 31 letter. Based on the investigation results and as
Ed Brown discussed with you previously, we have recommended authorization of the
following speed limit: '
45 mph - between the south end of the bridge over I-494 and the intersection
with TH 110
This recommendation is currently being reviewed by our Office of Traffic Engineering in
Roseville, which will make the final speed limit determination. You will be notified of their
decision.
Considering the frequency of requests for a lower speed limit on this road and the
existina soeed �atterns; it apoears there might be some misconceptions regarding the
purpose and effect of regulatory speed limits. I have enclosed some general information
in the hope it might be useful. Copies of the radar speed samples obtained during the
CSAH 63 study are also enclosed.
If there are questions,' please contact Ed (797-3129) at this office.
Sincerely,
�v�[`�/-�C"'� _.
G�
Michael Schadegg
Traffic Studies Supervisor
MS:pI:EB
An Equal Opport�uziry Empluyer
. , , �
Mr%DOT 29213 (12-78)
STATE OF M(tYNESOTA
DEPARTMENT OF TRANSPORTATIOIY
Page 1 of 1 Page
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LOCAL STREET OR HIGEIWAY SPEED LIM1T AUTHORIZATION � i
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Road Authority Dakota County - Date June 29, 1994 �
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Road Name or No. ' County State Aid Fiighway 63 � • I
.� ,
Termini of Zone: From South End of Bridge No. 19831 (over I-494) }
To Trunk Highway I10
0
Date of Request
May 3, 19.94
�
Kindly make the following changes in specd limits on the �bove-referenced section. Changes suthorized herein are in accordance with
Minnesota Highway Traffic Regulation Act, M.S. Chapter 169.14 and applicable subdivisions thereof. � �
45 miles per hour between the Soutli end of Brid�e No. 19831 (over I-494) and the
intersection with Trunk Highway 110. ;
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NOTE: �
The speed limits, described in this authorization, are authorized contingent upon curves and
hazards being signed with the appropriate advance curve or warriing signs, including �
appropriate speed advisory plates. The roadway described shall be reviewed for traffic control ;
devices impacted by the authorized speed limits before posting the signs. Warning 'signs and j
speed limit signs shall be in accordance with the Minnesota Manual on Uniform Tr�c �
Control Devices. -
� _ „ �� � , �
(1) White - Road Authority
�' ` Pink - Central Office Traffic
31ue - District Traffic Engineer
for Road Authority use only
Date traffic control devices changed implementing this
Month-Day-Year /.��('jr. � �99 Signature
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Title T.,�/ai� tT.lGiS�• � �
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Establishment of �peed limits i� often an emo�ionally charged
issue, but it is impartant to remember that a speed limit sign is
a regulatory traffic control deviae and like other traffio control
devices it must not be overused or u�ed arbitrarily if its
effectiveness is ta be maintained. Minnasata law therefore
provides for speed limits t�, be based on the results af an
engineering and traffic investigatian. Data collected and
evaluated during such an investigation includes:
�
- road type and width
- location and type of access points
- exist�ng traffic cantrol devices (signs, etc.}
- existing speed pazterns .
- accident history
- traffic valume +
- sight distance restrictions
- test drive results
Of these items, speed patterns are the most critical because they
are determi.ned•by driver reaction to many of the other factors.
Test �drives, examination af sight restrictions, and �accident
history are used ta look for indications that drivers are choosing
unsafe speeds. .
Cantrary ta popular belief, speed limits da not generally determine
the speed of traffic. As noted above,, vehicular speeds ar.e
determined by driver reaction ta perceived conditions (traffia
valume, raad width and condition, roadside development, etc.).
Only an extraordinary and continuous enforcement effort can coerce
everyane to drive at speeds belaw what they consider reasonable.
Why then do we post speed limits? If a speed limit is posted at a
value considered reasonable by the majority of raad users it can
perform the follawing functions;
- Serve as a basis �'or enforcement against the smal.l
percentage of motorists who drive at unreasonable ar
un�afe speed
- In�'luence people to drive at a mare uniform speed,
thereby minimizing conflicts in the traffic flow and
making it ea�ier for those entering or crossing the
raad to judge the speed of approacha.ng traffic
- Inform motorists, local residents, and pedestrians as
to the prevailing speed af traffic
It shauld be emphasized that to achieve these objectives the speed
limit must be considered a reasonable restriction by the majarity
af drivers and therefore have a substantial valuntary compliance.
� '
'ESTABLISHING SPEED LIMITS
' Page 2 ' •
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Considering the functions of a speed limit, it becomes 'apparent
that a speed limit is of the most use on a through street where
nonlocal traff'ic can be expected, traffic volumes are high enougYi
to make smooth traffic flow a consideration, and enforcement
activity is likely. Speed limits are of little benefit on strictly
local residential streets where virtually all traffic consists of
local residents who drive the road daily and are familiar with'
conditions, and where enforcement activity�is infrequent at best.'
. . ,
Another fac�or that discourages use of posted speed limits for
lcc,al -rEsid�r.�ial �'t�e��s is �he ��,s� of s�g�ninr. ��Tot' only• niu�t�
each street be posted with speed limit signs if the speed limit
differs from statutory values, but in addition all locations where�
the speed limit cannot be safely maintained (cuves, etc.)�must be�
adequately signed with warning and advisoy speed signs. The totali
cost of signing can be very high and the benefit low. An{
additional problem that can arise when all streets are speed zoned'
by means of a study is that a variety of speed limits can�result.�
This can �be confusing to the motorist and make enforcement�
difficult. �Because of the above�factors, most �cities chQose not. to,
'post speed liinits for all stre�ets, choosing instead to post only j
through or collector streets. • ' �
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TO:
FROM:
SIIBJECT:
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CITY OF MENDOTA HEIGHTS
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August 25, 1994
Mayor and City Council
Tom Lawell, City Administ
National League of Cities Congress of Cities
DISCUSSION ,
�
The National League of Cities will host its 71st Annual
Congress of Cities and Exposition in Minneapolis on December 1-4,
1994. A copy of a brochure describing the event is attached for
your review.
Typically attendance at the National League of Citi�es
Congress requires out of state travel as the conference is held
in various large U.S. cities. We are fortunate the event is
being held in Minneapolis this year and as a result, attendance
is much easier and more economical as well. i
t
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In order to take advantage of the lowest possible f
registration fees for the conference, our registration form needs
to be sent in and postmarked no later than September 19,� 1994.
Please review the brochure and let me know if you are interested
in being registered to attend. ?
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ACTION REQIIIRED �
Acknowledge receipt of the conference registration'material
for the 71st Annual National League of Cities Congress of Cities
and Exposition. If you would like to attend the event,�please
let me know no later than September 16, 1994.
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���EY'OND Bt3IINDARZES• GSTif,Y
�'' stren�tl�.s� CommuxuTity V3sion
�� �j,.� wilI be a fas�forwaxd e�zcursian inta
a�re that is always awaiting us with new
M/9fY.i `.
oppo nihes'ra strengtt�ez� and improve gover-
nane�e �iic��conditions in;our,cities and towns.
� .��'�There is no j_.,e,t lag on this trip, how
� :ever, beca�,,se,t,he harizons you will
P be;e�rtendi�g;,�t'e in yaur mind.. .
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beyond the boundaries that once confined
actians, approaches, and attitudes.
' �ame to the 1994 Congress of Cities and
fir►d out what happens when local offi
ciais think, AIan, and act beyond bouridaries ,
ur
defined by place, impediments; or habi� Come '
to Minneapolis and discover what cities and �
towns acrass America can do by transcending _
�the boundaries of business as usual.
�"" Boiind'���texisi every- - � �
�where...ar �o�hey? A11 cities and '. How da Ioca1 communiiaes go beyond bound-
� � �towns fiav�'�i�Zidaries that define � �, �e's? It happens �when cities :dentify az►d use �- �
Q �� =� �» tit�ir stren;�ts to create and gursue a vision far
t=�heir�'size anii'sHape. None howev# `� •� .�m
• �_�-' ' . ��tiie:community, understa,nding the fundamentals
�er�exists as'awholly self-containecl; ��:s ��K
�� rx �tic.�using them as 1:ools and resotzrces. 3
� � �Place. Paliticai and geagraph2cal � ;_ ��, '�'�: - i
,� boundaries are,consta.ntl crossed b "' �`'' � a What ha ens when lacal officials go
� .,,�. 3' YPeoPle`in ��;�:' �;` AP
their ei�eryflay lives, by praducts and'servic�s�� �, ���'and boundaries? Innovation,
'� � coming and going bot11 near and far,.and by ���.�}��'�Q��boratian, and inclusian. .,
images and information carried by b.urgeoning� =°�e�unlang, reallocating, anci right
_ globatieIecommunicafaanssvstems�m� sizuig:•Buiidingnewpartnerships .
and learningfrom�vvhat others.are
doing. Discavering that boundaries
are signposts, not barriers, along
the way in governing AFnerica°s '-�;�;,
cities and towns in the 1990s. '"�'
x� 1�1 he boundaries are stall there, of course.
1. They can def�ne a discreet lacality aiid
� k population served by a governing body of public
� officials. They can describe neighborhaocis or
service areas. They also can delineate between
aspu'at�ons and accomplishments, between o beyond boundaries. Came to '
� potential�nd tangible, between dreaming and .�,,., Minneapolis for the L994 Congress of
��5 � 1aes...It will be a tri �
�•,� �'r ��, A You will not farget. Six
� � �� � ��fracks each g P �
•, ,nicipal off`icials in cities and towns ���.hw - � Presentin faur worksho s will be
"°• f H �.�. coriducted to guide you beyond boundaries int�a
o .tlie,:nation, their baunda"ries — b.ath ���'' ��future.
'��s�� i�`con�tual — are becoming;ref�e',�r u��1:��,,��'�; �
�"',�ius.} �ofrestraints. ... . _
..;, i s, �: � ..,s ,1ll;ii a�#
..�..,. E7:: �
,,.�.:,�;b�e. �tt af issues and the array of ��=; ;�,;;;��;
��n' ° F = ��....
are�chaunwg�'l,ngY,�ttretchingand moving ,�_!i ��� ..-.---� � �
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CZVIC D��IVIOG��CY
Truditional textbook civics doesn't cover
a lot of �vliat is liappening in American
cities and taims today�. Chan�es Are
eveiy�shere. 11lunicipal of�cials are seeing
netiv citizen activism ta solre community prob-
lems. Local gavernments are futding thent-
selves in Yte�v partnerships �ti�th cammunity
grou�s and uonprofits. And Iocal officiais are
recagnizing that t�uditiona2 government struc-
tures and processes are Ueing re-sliaped by
netiv technalogicai possibilities. S47�at is tlie
relationship of U�ese changes ta wliat it means
ta be an elected oflicial today? �'V11at are tl�e
necv challettges and Zteci� o�portunities that
local eIected otficials facc in tl�e ci��ic process?
Tlus series of workshops looks at "tlie new
citi�ic democracy," offering local of�cials
insiglits abaut then• roles as Ieader, partner,
facilitator and participant iti tlie process of
local decision making and governmen� The
�vorkshops will ex�mine a number af key
issues, including reconnectamg citizens with
Iocal gatiernment; coIlabarating acrass 2oca1
governmental jurisdictional lines ta solve
mutual proLlems in a region; forging creative
purtnerships be�veen lacal government and
community groups to meet community needs;
tind, achieving community tbrou� xealistically
addressin� tensians suid dif%renees.
..� .� �.�, � _ �, ;�� E� �..�____-�� ..
Y4IiTH, IIIUCATION,
A►11T.Q FAMII��
ur cities and to«ms must be at the fore�
,' front of developing communities iu
�vhich all 3'OUIi� jSCOpiC j�*t`O1V Uj� "54iti► a
st�•ong, pasitive self-image and an optimistic
view af t�ieir futtue. This kind of community
developnient mnst include ricit ttnd nurturing
l�uman relationsllips, as ���ell as solid Ui��cks
aud mortar. Tltis track F��ill focus on t3te sag-
partive environment and cannections that alI
families need. Tlie workshops �w�ill pro�ride.
strategies and plailasaplties tiiat encom•age and
enabte parents to carry out their responsiUili-
ties, assist local �o��ernments in Uuilding tlie
human infrastraettu�e, a�td stiac�� citizens and
lacai leaders the importance of connecling
cldldren ta their parents and connecting fami-
lies to civic responsibility. Locat leaders tiviii
learn more aUout tlieir roles, but �vill also
learn wlio the otl�er necessary participants are
attfl Ito�v Ca buiId visions and sLrategies far the
shared success af families and communities.
'�i'orking caoperatively �intli all units and levels"
of government can develop and enhance an
integrated system of services and community
vision for all our cluldren.
+.
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' � �" `� "'��' -�` �`_"�' �
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�he quality of life and economic health of
cities is sha�aed b�� the decisions of'" 1t
of�icials. A producti�Te locai econt s
a key to success for eacli city and to�tini in
An�erica. Electeci local ofCcials are laoking
for ti►e most effective «�ay s to implement
strategies that orches�i•ate tlie s�rengths of
local institutions, botii public And pri�>ate, for
economic decelopment. t�'orksitops in tl►is '
t�•ack will look at liow global interdependence
and nesv technalogies are �i�ansformuig urban
economies; the ue�v denrands an scLoals, infra-
sLructure, and otlier puUlic and private u�stitu-
tions; and, Iiocv Iocal and regional econamic
development skrategies are changing iun
response to these evolving trends.
� €
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�...s � �
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�7�(i0L5 FOR SN�lLL CIT {� - I111�E�G IN
° IACAL LT�IDERS BIG ID�;AS COMi1J[UNITY SAI�` ��
ne day yau ure a successful candidate
celebrating an e2ection victary. The
next, yon"re ehar�ed �4�th groving ��our-
. tts a capaUle leader, �•esponsiUle for all
aspeets of yaur city's pei�formance. For the
ne�rl�� 94 percent of aill local afreials fvleose
jaUs ure o�ily part tinie, malang the transition
is na easy task. The good news is you are not
szloue! "Toais For Locai Leaders" is about
l�elpiug you move beyond U�e bound�tries of
current e��ericnce to mrtster tl�e procedures
of municipal governnieiit quickly aitd eifect3��e-
ly. rrom making the most of increasingly lim-
ited ciiy resources...uudersta.nding your role in
the bndget and galicy process...dealing svitii
ciiy liability 9ssues...communicating �4zt1r the
public and eacl► oUier...a1111ae way ta carryu�g
out an eftectic�e councii meetit►g—�varkshops
in t�us track s4�ii1 helg yon galisl► the tools of
ypur trade. �i'heCher you're ne�sly elected or
just e.�ger to brush vp on your skilLs, come and
learn tried-and-true gove�ing methods from
your peers in local government.
,�
�i�. � �_L y
v�.v 4rk •
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'`'"'� very sntull city and to�sn has assets and
'� mtique qualities that make it a Iice13� and
-' special leometo�sn for residents, and an
attractive lacale for �isitors or businesses.
Creative localleaders are sfxetclring resaurces
and forn�ing gai�ierships to pro��de ihe ser-
vices tliat continue to make small cities popular
choices for peopie oT Ati ages to �ive and �vark.
Tuking ex�npies directiy from the ez.�eri-
ences of small cities, nrorksliops wiYlun this
track will teach skills d�at local policy and deci-
sionmakers need ta artieuiate ta achieve tt�eir
vision. For esample, to oeercome tl�e prob]em
af LimiGed staff and fmancial resources, region-
at approaches are being appiied to issues from
�vatershed management to sustainable eco�tom-
ic growth and to efCcient access to the infarma-
tion teehno2ogies of taday and tomorrp�v.
Second, while the pxocess of strategic p2azuung
lias worked well in small cities to identify key
assets, mazketing tlie most valuaUle assets more
ef%etiveiy may ensure the success of t3�e cam-
anunity's long term visian. Finally, because the
issue of mandaCes cantinues to limit the way
small citaes focus on their ocrn priorities, under-
standing the process of tracldi�;, revie�sing and
unplementing campliance deadlines will help
reduce #he time and.eosts involved ta fulfill �
federalmandates. � .
t, , ��. _� �� .�, �� � 3� .� .
��y `°�: �� � �� �
, iolence sind crime ui om� cities and towns
, have �•a�sn ta an intoIci�able IeceI tttat has
,
a detrui�eAtal impaet on the li�=es of alI citi-
ze��s. Tliese canditions �sill continue unless, and
mrtit, aIl se�,nnents of om• saciety assiune ti�eir
respansibiliiies ui a coordinated fasitiox. Tleis
means that im�estu� ui communily safety nrvolves
more tlian just luring moi•e police. It mea��s geC
luig tiie community im�oI��ed tb improi�e tlee quali-
ty of life uz neighUorhaads, the donmtoti�m dis-
U3ct, and tl�roughaut the city� so U�at citizei�s liar•e
a sa% place to live, �rark, and e�{jo3� the e�e7g� day=
aneenikies of city anc3 comniuiuty� life.
Flected og"icials, police, und commmuty lead-
ers irave come to recoguize t�rat tliis idea of "coxn-
mv�ity engagenient" and a multi leti�el approac2i
to conunmuty safety offers a new way of tl►inldng
abaut how to make our cities and towns saSer
piaces to 2i�e, tvork and pla3�—and it is this tisa3,
n
of tlur�dng that will be exauiuned in this track.
Arnong tlie many programs that may be dis-
eassed are crime preiention tluough envi�ran-
mental desige, community crime prevention and
meaniu,�ful enforcement, emarter mnd tougher
policing, leverag�n� and eoardiutating municipal
services, ��CCTit811VC dISQi1bC TCSQip114A tEC�i-
niqaes and alternaiive sentencing sucL as youW
�courts, and atlrer means of restoring and maiu- •'
taitain� public safety by recognizing and dealing
� with ti�e root causes of crime and violen�e.
� . �..�.�� --�; • -, ,` ,r `
�:..�,,� -
►-
L GeneralInformalion willnotdelayyourhousing
�erydelegate,guest,speaker, ��nment
representativeofthemediaand Mailyourformandpaymentto:
aqyofherconferencepartici- NLCConference
pantmustcompletethisformin RegistrationCenter
full to be registered and to be Dulles InternaHonal
assigned a hotel room Airport
Paymentmustbe received in P. 0. Box 17413
fullpriorWhotelassignment Washington,D.C. 2Q041
andregistrationprocessing. p�,emightyourformand
Allrequestsformgistration, Pyymentto:
hotelandchangesmustbein ���erence
wrifing(notelephonerequests RegistrationCenter
�p��' 'hvo Vintage Pazk
Hethods of Payments Suite 200
45365 V'mtage Park Plaza
Confetence Begish�aHon Fee: Sterling, Virginia 20166
Feesmaybepaidforbycredit ��r�andMaslerCard
cxrd,check,voucher,orpur- ��Sottlyareaccepled
chaseorder. � f��.
HoteL• M.0 accepts credit catd (703) 31B-7668 ,
guazantees only for your hotzl. If
youwishtoguaranteeyourhotel IL Confereace
byrlteck,voucher,orpumliase He�tr+�tionDea�llines
order, submityourguarantee September 19,1984: •
��y �0 �� o�3'0II Poshnark deadline for early
havereceivedahotelconfirma- �iration
tlon lhismethodofguarantee
�
November 4,1994:
Postmarkdeadlineforadvance
registration, hotel requests, and
requested changes to existing
hotel aa:ommodabons. After
this date, on-site registration
only.
November 11� 1994:
Postmark deadline for
cancellaUons.
III. Conference
Begishxtion and Hotel
Cwcxllnttoa Polldes
All requests for cancellatioiY
must be in writing, postmazked
by November 11,1994, and are
subject to a�30 cancelladon fee.
No paztial refunds will be made
if you decide not to attend par-
dciilarfunctions.
Toguaranteeyourroom,
all hoteLs requine a one night
depositplus tax, perroom 10
dayspriortoyourarrivaL Tttis
is required even if you plan to
azrive before 6:00 p.m All
❑nguaranteed reservations
y :+y • + �
BEGISTEATION FEFS � �
FOE THE 1994
CONGEESS OF CT17FS
AND F.�OSITLON Enr�q' Advance•' OnS[te
DIEECf h�EB 5336 S370 5405
AIVD ASSOCfATE h�4BEE
:� n�m�crn�Es s� s4so a�os
NON��3'IDEEAND 5460 5626 5560
OTHEx
•Postmarked by September 19,1994
� ••Postmarked by November 4, ]994
(No mall rcgishvtlans �niU 6e aaepfed mifh a poa6nark (ater tl�an
, Noaurt6er�,1994.41tutlrisdatepoumustregisterortsite.)
� .�Y.4ncj{b "'• . k ':1r."�'
wY'� 'i.i�K?td�':U�G"' •:�:5:. :,sb';.�^ ,'7�0').'�, �..
U
Y
( �.
Hy�.
�� .
n
. `''S���i�t==��j;�• ..
10 days prior lo arrival will be
cancelled.
IV. Conference
Regf.stratton Fee
E=planatton
Direct Member—
Cityofficials from ciUes that pay
dues direcUy to NLC as welf as to
their state municipal league.
Associate Member—
Organizatlons thatpay dues
direcflytoNLC.
Indtrect Member—
City o�icials from cides that
paYduesonly to theirstate
municipal league.
Non-Member —
City officiaLs who are not
members of NLC or their state
municipal league.
Other—
IndividuaLs hom organizations
thatdo notpayanydues to NLC.
'1::.��
, ;;.', A(xOMhiODATI0N3
A, GYowu Sterling bbttes H. M'inneapolls Hilton
B. Holidqy Inn (krown and Towers
Pleu Nor�star L Minneapolls hiarriott
C� Halid$ylnn ��3'��'
Mehrodome J. Normanc(y Hotel
D. Hotel Luxeford Suites H. Park Inn
E. $oatt Eegency Internaaonal
Minneapolis L. Eadisson Hotel
F. The Marqnette Hotel Mefmdome
6. Minneapolis AtLletic �• ��n P1aza Hotel
Ciub N. 'I1ie Whihiey Hatel
,�
«r. s
>;��.
;r.�
AT1T�ITD�E PROFILE
Your assis4nce in filling aut this box will greatly heip us develop azt aueadee pmfile, as well as identify first
timeauendees. PleasecheckprfillinappropriateinCortnation.
� Newlyelected taoffioe th3syear Yearsin office
.,,�APtxiintedtooffKethisyear � Canferencesattended
� ElrsttimeconCerenceattendee
140 BBGISTH�TtdNS �II� BB PgttGFSSI€D �ITHOi}T A{�biPdNYIN6 BBGiSTRATI4R
PAY6II�IVT IN FO]',L.
EhEnse rrrs o¢ e¢�rrr
Name
Title
City or Organi7ation
Mailing Address
Cib'
Tetepttone { � )
Fw�i�y Hcmber d.ttendic�;,:
SpauseFtii2Nazne
Child
State Zip
Srac F M
Ses F M
�
I�ec3c �ppllcable C+�enuoe Ee¢stxatiaa Fee and euber totalfees iw @terlSht6aad dlnnns
EASLY RE&Ib�B�Tlax FEEs �.��a t� s�ge�.u� �►, r�es��
� 5335 Din�ctMember S
5335 AssociateMetnber 3
5415 IndirectMember S
; SA60 Non-MemUer&OUter E
• ADVANCE B,EGTS�S�TION FEES (Pastmarked Iry xove.nber 4, ies4)
5370 DirectMember i
5370 AssoQateMember S
5460 IndirectMembet i
5525 Non-Metnber&Other S
I'IiE1ANFE1tENCE SffiViIlYAIi.S (Walnesdsy� Neve�ber E0� Y994}
5135 I. MeetingLeadership&Facilitaflon S
FTZEE II. SolvingCammunitvHousutgProblem S ��
ii35 III. ixadeistiipfartheCommonGoad E
S 85 N. PoliticsofEdncation S
S 85 V. HiringaNewUti4yAdministrator S
S 85 Vi. AvaidingfheEthirs'ftap E
S 85 VII. TqplsforCreatingJobs E
S 85 VIII. StrategiclnAuence S
PI�E-CIINFERI4lITCE SFl�iIl1TAItS (Thm��ay� Dcae�ber 1)
#135 IX. AlkernativestoViolence&Grime 3
�I3� X CityDesign i
E 85 XI. ConnectingwithLoralCitizens E
3 S5 XII. ChangingWomen,ChangingLives S
b 85 lCtii. SustainableCommanities S
S 85 XIV. Rest�apingPu4licMeeGinngs �
S$5 XV. Tranformation Leadership E
I '
' SPECIAL EVEAT1iS
� 5150 NBGLEa(feeincludesworkshops,banquet
& 1995 membecship dues}
Iffi 35 , HEIAAnnualDues
E 65 . FiELOConferenceActiripes
$
$ 50 WIMG2AthAnmversaryCetehrat�on S
�
� TOT1L BEGISTftATION FSES S
1 . -
Make check payable for the total amountof the conference registration fees to:
( NATiONAL LEAGDE OF CITI�4
No telephane registntions orcancetlatians will be aa�epted.
�PleasereturnWisformwithyourregistrationpaymentto: NLCConference�e�stixtlonCenter
� ' DallesTnternationalAirport
P.O. Boa 17423
� Washington,D.C.20041
�
A B
_ Please make �y hote! reservationsas indirdted below.
,_ idonotrequirehotelacmmmodationsata�ofthehatetsiistedbelaw.
._ PleasecontactmeregardingsuiteinCormatioa
_ Ipre[eranotrstneldngroom{assignedonaspaceavailablebasis)
Arr[valDate _�_J Ttme
Dcpart�sDaxt _J.�1 'Ita�e
SpecialHousingRequest I
i.
e3, wheelchair aocessible rooma, ete If Y� have spednt housing ar
transpo�tation needs, please oontact the Conference Registration
CRR22L � .. •-
I� be ehaein� s rooa �vitlu 4
c��ancu� ,
�
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Gity State Zip
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�� � A����N �� �
❑ �'8� �lvre�sirationtee(VISAorMastetCard on1Y)
❑ GhacgeniYhatd roomdeposit(att m�ipit�ditcards}
Credit Carci Company
i
Gredit Card Number
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'itieTit.GCanfe�u?eRegisuaflonCente�risauthari�wu�etheabovecard WD�'ai►appiica-
6kre�saation[eesandguarantee�vhotdreservadon. [undersiandthatonenighCsroom
chargew�l beWlled through tldscud itl faII W staw upfornryassigned housin8ontheoon•
firmeddateunlless S Iraz�ecanoeled myreservationwiththetnteiatteasi72hosasinadvance.
,,
tardhoMerSignamre Dar�e
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Rates listed beb�r are for either a singie a daubk room. Indicate your fustchaice
hatelwiththenumberi,andc�eckfheroamtypeyoudesire. NumbertheoUter
hoteLs [rom2 w 14 in orderofyourpreferenoe. Yourhotel willbeassigned�
on your postmazk da te and hotel room avaiLxbility at the time your request is
P��
Fa suite in[omuatio n wntact the NLC Conference Re�stration Center.
All unguaranteed reservaflons will be automatically cancelled if not guaranteed
IOdayspriortoarmal. A1lraomsrequireonenightdeposicpinst�xpermamSee
attached Hotel In%rmation '
A!1 majorcrediicardsareaceeptedattheconferencehoteLs.
Ait govemment pumhase orders, vpuchers or daims must be submi tted to the
hotels FOI1R \VEERS prior to your atrival, and are subject to hotel approval.
CITY OF MENDOTA HEIGHTS
t
r�NiO
August 29; 1 h
To: Mayor, City Council and City Administr
From: , Kevin Batchelder, Administrative Assi t�i�' �
;Subject: Joint Powers Agreement - Dakota County �
� To Implement Approved Special Grant Program �
�DISCIISSION . �
On July 1, 1994, the City of Mendota Heights applied for
�Special Assistance Grant money from the Dakota County Landfill
Abatement Fund to purchase recycling bins for the City's parks
'system. The total amount of requested special grant money was
$3,292.98. This special grant money is available to communities
who desire to provide additional recycling programs above and
beyond the minimum requirements of the County's Landfill Abatement
Program. �
;
The County has informed Mendota Heights that the requested
';Special�Grant has been awarded and that a Joint Powers Agreement
would need to be executed to receive the grant money. (Please see
attached August 17, 1994 memorandum from Mr. Michael Trdan.)
;
Under the ,terms of the Joint Powers Agreement, half of the
grant money is paid to the City upon execution of the Joint Powers
; Agreement and the final half of the payment is ma.de upon receipt by
the County of the final evaluation report for the grant program.
I am preparing to purchase the 16 recycling bins for the parks
upon execution of the Agreement and the receipt of the County's
first payment. � f
ACTION RE4IIIRED
If the City Council so desires,
authorizing the Mayor and City Clerk
Agreement for the Special Assistance
the issuance of a purchase order.
i
they should pass a motion
to execute the Joint Powers
Grant program and authorize
;
� t
DAKOTA COUNTY
�ENVIRONMENTAL MANAGEMENT DEPARTMENT
14955 GALAXIE AVENUE
TO:
FROM:
DATE:
SIIBJECT:
0
M E M O.R A N D U M
w
BARRY C. SCHADE
DIRECTOR
(612)891-7011
FAX (612) 891-7031
APPLE VALLEY, MINNESOTA 55124-8579
Apple Valley, Burnsville, Eagan,•Inver Grove
Heights, Mendota Heights, West St. Paul
Michael A. Trdan, Solid Waste Abatement
August 17, 1994
Community Landfill Abatement:� Special Assistance
Grant Agreements
Enclosed is �your community's agreement for the Special
Assistance Grant, which you applied for on July l, 1994.
Note that this agreement is an amendment to the Joint Powers
Agreement (JPA) which already exists between your city and
Dakota County.
Please obtain the appropriate signatures on the Amendment to
the JPA and return it with the attached original grant
application to me. The Amendment also needs to be signed
by Lou BreimYiurst and the County Attorney to be fully
executed. You will receive the first payment within two
weeks and your copy of the amendment after it has been fully
executed by the County.
If you have any questions about the procedure or other
concerns, please call me at 891-7021. Thank you for your
prompt attention and assistance.
Printed an Recycled Paper AN EQUAL OPPORTUNITY EMPLOYER
.
FIRST AMENDMENT TO COMMUNITY LANDFILL ABATEMENT
SPECIAL ASSISTANCE
JOINT POWERS AND GRANT AGREEMENT
' WHEREAS, the County and the City of Mendota Heights, hereinafter
"Municipality" entered into a Joint Powers and Grant �Agreement,
hereinafter "the Agreement", and an Amendment to this Agreement dated
November 9, 1993, pursuant to Minn. Stat: § 471.59 and 473:811, subd.
7 where in the County agrees to provide a portion of ;the costs
incurred by cities and townships to implement and operate local
comprehensive landfill abatement programs through December 31, 1994;
and '
� WHEREAS, the parties desire to amend the Agreement' so as to
enable both parties to continue to enjoy the mutual benefits it
provides; and �
,
WHEREAS, Paragraph 18 of the Agreement provides{ that any
amendments shall be valid only when expressed in writing an duly
signed by the parties. �
NOW, THEREFORE, in consideration of the mutual � covenants
contained herein the parties agree as follows:
Paragraph 4 Payment Schedule and Reports, is amended
follows:
4. Payment Schedule and Reports. Contingent
upon receipt and approval of any required reports
as prescribed by the County, the County will pay
the Municipality the grant amounts approved by
the County Board in two (2) equal installments on
the following dates:.
l. Upon execution of this Agreement.
2. Upon approval by the County of the
total expenditures and final evaluation
report.
By December 20, 1995, the Municipality shall
submit its Final Report in the form prescribed by
the County. The County shall evaluate the
Municipality's performance pursuant to this
Agreement.
;
to read as
i
i
,
The amount payable by the County shall not
exceed:
A) Nine Thousand Two Hundred Forty-Five and
No/100 Dollars ($9,245.00) for the grant approved
by County Board Resolution No. 93=732 and; .
B) Three Thousand Two Hundred Ninety-Two and
98/100 Dollars ($3,292.98) for the grant approved
by County Board Resolution No. 94-588.
All other terms of the Agreement, as amended, between the County and
Municipality shall remain in full force and effect unless otherwise
amended or terminated in accordance with law or the terms of the
Agreement. • '
In any case where this Amendment conflicts with the earlier
Agreement, this Amendment shall govern.
IN WITNESS WHEREOF, the parties here to have caused this
Amendment to be duly executed.
Approved as to form: COUNTY OF DAKOTA
�'�l6 ~ By
s ant County Attorney/Date Louis J. Breimhurst
_ Physical Development Director
Approved as to execution: Date of Signature
Assistant County Attorney/Date
Approved by Dakota County
Board Resolution No. 94-588
Dakota County Attorney's Office
Dakota County Judicial Center
1560 West Highway 55
Hastings, MN 55033
Telephone: (612) 438-4438
CITY OF MENDOTA HEIGHTS
By
Date of Signature
Attest
,City Clerk
Date of Signature
Page 2 of 2
� , ,
. ,
� � � i�y o�
,,,,. ,�,�, ,� ,��iendota Heigl�ts
,
June 27, 1994
M:i.chael Trdan, Recycling Specialist �
8nvironmental Management, Dakota County '
14955 Gala�cie Avenue �
Apple Valley, NIl�i' S5124-8579 ,
Dear Mr. Trdan: „ i
�
8nclased please find an application for a Gommunity Landfill
Abatement Special Assistance Grant that our City Council authorized
on June 21, 1994. We are requesting $3,292.98 to purcha.se
recycling bins far our parke system. ,
The City C4uncil adopted Resalution No. 94-40, A RESOLUTION
REQUBSTING SPECIAL ASSISTANCB GRAsiT MONBY FOR RECYCLING ACTIVITSFS,
a�t their meeting on June 21, 1994. The City Council felt this was
a good apportunity to remind the public, when they are;in our
parks, o� the importance of recycling.
Please let me know if there ie further information tha.t you desire,
or if there are any questions or concerns about the enclosed
application. !
I
Sincerely, �
� � nn ;
����a���hx�_ ,
Revin Batchelder '
p►dministrative A�siatant ;
d
�1101 Vic�oria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
j , f
� E
.
CITY OF MENDOTA HEIGHTS
DAROTA COIINTY, MINNESOTA
RESOLIITION NO. 94-40
A RESOLIITION RSQIIESTING SPECIAL ASSISTANCL GRANT MONEY
FOR RECYCLING ACTIVITIES
�PSEREAS, Dakota County provides the local communities with
gra.nt funding for implementation"and maintenance of local community
recycling programs; and
WHEREAS, The City of Mendota Heights has participated
faithfully and su�cessfully in the Community Landfi.11 Abatement
Program since 1989; and
WHEREAS, Dakota County has additiona.l grant money available
through the Special Assistance Grant Program for additional
recycling activities that are consistent with the County's Solid
Waste Master Plan; and
�REAS, The City of Mendota Heights desires to participate in
the July 1, 1994 round of projects with an application for special
assistance grant money, said application being a request to
purchase sixteen (16) recycling collection bins for each park in
the City's park system for the purpose of enhancing the collection
of a recyclable material, said material being aluminum/metal cans.
NOW THEREFORF BE IT RESOLVED by the City Council of the City
of Mendota Heights that the City Council does hereby transmit the
attached Special Assistance Grant Application, aeeking funds in the
amount of $3,292.98.
Adopted by the City Council of the City of Mendota iieights
this 21st day of June, 1994.
CITY COUNCIL
CITY OF MSNDOTA HEIGHTS
gy CharTes E. Mertensotto/s/
Charles E. Mertensotto, Mayor
ATTEST:
Kathleen M Swanson/s/
Kathleen M. Swanson, City Clerk
!
' II. PRCIJECT" GRANT OVERVIEW
l. This grant request proposes ta use Special Assistance Grant
funding to purchase alumi.num can/meta]. can re,cycling ;bins for
each park in Mendota Heights. Z`he placement o� a can.
recycling bin in each park would enhance the City's abili�y to
capture ca.ns far rec�cling as people enjoy refreshments in our
park system. In each park, these bins will be placed nex� to
, exieting pop machines, concession stands, athletic fields and
picnic areae where group events occur and canned prad.ucts are
' available or are cansumed. ,
' Currently, the CiGy has two 55 gallon drums in �our two
community pa.�ks, Mend.akota and Rensing�on�Parks, for can
collection. However, �hese bins are not ciearly labeled and
our crews are constantly eorting eans from trash. Our other
nine neighborliaod parks do not have can collection 'at �his
time. '
The projected bin placemen� is as follows:
Park Location
Ivy Falls Park
Wen�wor�h Park (picnic shelter?
Valley Park {picnic shelter}
Marie Park
Victoria �iighlands Par1�
Civic Center Park
Rogers Lake Park {picnic shelter}
Mendakota Park (concession staxtd)
Friendly Iiills Park (warmi.ng house)
Iiags trom- iCing Park
South Rensington Park (concessions)
Narth Rensington Park
Total
Number of Bins
1
2
1
'1
1
� 1
2
2
2
1
1
Z
16
The project activiCies will occur as soon as the bins mag be
ordered and installed in �he parks. The parks crews will
empty the bins on a daily.basie and deliver the cans,to the
Recyclables Collection Ceiz�er (RCC} . ;
The major gaal of the project i6 to visi.bly promate recycling
af cans in our park system to �he general public. The c3.ty
will be able to ciemons�.rate that recycling occurs at � all of
our facilities, as well as at the curbside. Canvenience will
be provided to park users for the disposal of cans in �he
park�. Glass containera are prohibited by ordinance�in aur
park system and other recyclabl.e materials are not generated
in the parks. Can recycling cantainers should allow the city
�o increase �he amount of recycled good��tha't can be captured
in aur park system. �
�
q25-Serics
30 Gatton Receptacles
-3 Reusable, rigid plastic liner
included with eacf� unit
-> Concave lid allows easy litter
disposa! frpm any angle
-� 6" raund center opening in tid
-3► Non-rusting aluminum irame
for years of troubte free use
-3► Stone panels are a minimum
h" ihidc to insure long life
3 Security chain attaches lid
to inside of frame
#1 30 gallon capacity. Riverrock ,
aggregate paneis and bronze €rame -
cotar. 30'/." higfi x 18" wide. Ship, '
Wt. 92 Ibs.
025-17-8 .............$248 each
6 or more .............$233 each
#2 30 gallon capacity. Pea�! G�ey
aggregafe par�els and branze Erame
color. 30'/." high x 18" wide. Ship.
WT. 92 (bs.
025-7-8 ...............$248 each
6 or mare .............$233 each
#3 30 galtan caF�acity. Atpine Red
aggregate panels and bronze f�ame
color. 30'/." high x 18" wide. Ship.
wt. �z t�s.
025-12-B ..........».$248 each
6 or more .............$233 each
#4 30 gatton capacity. Graphic
"Save Our Warld" paneis and
brocue frame cator. 30'/<" high x i 8"
wide. Ship. Wt. 30 Ibs.
025-22-8 .............$'! 75 each
6 or more .............$164 each
,.�--.._: - � _... _
#5 30 gallon capacity. Graphic
`Toss Gans Nere" recyoling paneis
a�d bronze frame color. 30'/." high x
18" wide. Ship. Wt. 30 Ibs.
�025-26A-B...........$175 each
-�,or mare .............$164 each
(;IGGc�r�1 �ity C:vllec�iorx 1 J�l��
Fr`�
#4
30 gallon capaciry (not shown). Graphic "Toss
T�ash Here" �ecycling paneis and bronze
frame color. 30'/," high x 18" wide. Ship. Wt. 3Q
Ibs.
025-26GB...,.,.....$175 each
6 or more .............$184 each
#3
#5
30 gallan capacity (not shown). Graphic "Toss
Pape� Here" recycling panets and bronze
frame color. 30'/," high x 18" wide. Ship. Wt. 30
lbs.
025-26E-8...........$i75 each
6 or more .............$164 each
30 gallon capacity (not shown�. 30 ga!!on capacity (naf shown}. Graphic 'Toss 30 gallon capacity {nat shown). Graphic `Tass
Graph'tc "Toss Glass Here" recyc(ing Ptastic Here" recycting panets and bronze ��wspaper Nere" recyciing paneis ar►ci bronzF
panels and bronze frame color. 30'/." frame color. 30%" high x 18" wide. Ship. Wt. 3q frame color. 3p'/," high x 18" wide. Ship. Wt. �
high x 18" wide. Ship. Wt. 34 tbs. ibs. lbs. �
025-26B-B.....».....$175 each 025-260-B...........$i75 each
6 or more .............$'t64 each 6 or more.............$164 each
025-26F-B ...........$175 each
6 or more .............$i 64 each
Prices Are F.O.B. MQ Factary
'�''o fi�tx n'r� c�rti�r nln�rcn ri..�rl 1_'�'Y�l_�',?�_i1'il y4
� r.
Slimline Series
Urns & Recepiacles
7he Siim(ine collection combines
streamlined gaod tooks with durable
constructioc� resuttiag i� a complete
waste disposal collection system for
indoors or out. Asht�ays in the Stimline
Series are recessed and aEtached to the
lid to avaid theft. Non-skid rubber feet
1':ft ihe recepfactes off the grou�d pra-
viding protection for valuable floor cov-
erings.'Aggregate stane panels are
hand troweted fot a srnoafh af#raciive
surface.'
-� Reusable, rigid plastic liner
it�t;tuded with each unit �
-> Rais�d non-skid rubber feet lift
unit of# the tloor p�otect !laoring
-> �" thick aggregate stone paneis
inte�lock inta f�ame leaving no
' �ough edges
-� Non-rusting aluminum frame
for years of trouble free use
� Sant! su6stifute incfuded wi#h
each ashtray
#1 20 gallort capacity with aversized
;httay and lifier openings an two
posite sides. Natural brown aggre-
yate partels and branze irame calor. 30"
high x 18" wide. Ship. Wt. 85 ibs.
520-8-8.....�..........$284 each
6 ar mare .............$267 each
#2 Smoking um. Natural brown aggre-
gate paaets and bro,nze ftame color. 23" .
high x t2%" wide. Ship. Wt� 37 Ibs.
SURN-8-B,...........$i 15 each
6 or more .............$108 each
#3 8 gallan capacity with ashtray and
tEffer apenings on (aur sides. iVatura!
brown aggregate panels and bronze
irame color. 3Q" high x 12h" wide. Ship.
Wt 49 tbs.'
58-8-8 ..................$2't9 each
6 ar cnore .............$205 each
�
�
#4 16 gallon capacity. Natural rown
aggregate panels and bronze f ame
�. 36" high x 12�4" wide. Ship Wt.
s.
S16-8-8 ................$21 t each
6 or mare .............$198 each
Clecr,i City CoClectxorz 1994
#2
#4
#5 30 ga!(on capacity. Natu�af brown
aggregate panels and bronze frame color.
36" high x 18" wide. Ship. Wt. 8016s.
S3a-8-B ................$291 each �
6 or tnore .............$274 each
#6 30 gaiton capacity with ave�sized ash-
tray. Naturai brown aggregate panels with
graphic "cans here" recyciing ic�sert and
bronze frame colar. Can opening on 4 sides
ss 3�" diameter. 3Q" h'sgh x 18" wide. Ship.
Wf. 751bs.
S30-8GB-�..........$320 each
6 or more..»..........$3fl1 eacFt
A!( Prices Are F.O.B. M4 Factory
, � #3
#5
0
T'o fax an orde�r please dial X-3X 4-535-44X 9 � 1 �
l � •
♦ 7
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. � T0:
�
' FROM :
iSUBJECT:
� •
CITY OF MENDOTA HEIGHTS
MEMO
�
September 2, 1994
Mayor, City Council and City Administrator.
Lawrence E. Shaughnessy, Jr., Treasurer ,
Preliminary Budget and Tax Levy for 1995 �
�
IDISCIISSION �
i I
Each year the City must adopt a preliminary budget'and tax
� levy for the following year prior to September 15, and certify the
�levy to the county auditor. Once the preliminary levy is adopted,
�it can be reduced but not increased. The county auditor then
;prepares parcel specific tax notices and mails them prior to our
;Truth-in-Taxation hearing. �
Attached are these resolutions:
1. Preliminary Budget Resolution which is the budget as
discussed at the Council workshop with an addition for
one new police officer.
r
2. Preliminary Tax Levy Resolution which includes the
General Fund Levy including the new police officer plus
the special purpose levies. !
3. A Final Tax Levy Resolution for the Commercial Street
� Light District which is not subject to the Truth-in-
� Taxation Hearing. �
' . 1
� At the present time, we are basing our tax projections on the
�preliminary figures from the county assessor's office. There was
ia considerable range of valuation adjustments for next year from
�reductions to over five percent increases. Overall, there appears
'to be about an eight percent increase in tax capacity with about
'1/2 from new construction.
i '
The budget, which shows a 4.8 percent increase in overall tax
I dollars,' is ready for approval . For a resident with no increase in
valuation, will see a sma.11 decrease in City tax (2-3 percent).
;For a tax payer whose house has a five percent increase in value,
{will see about a three percent increase for 1995. The�typical
;$150,000 home paid a 1994 City tax of $478.30. ,
j � !
' � r
e r
According to the dates provided by the county auditor, we can
hold out Truth-in-Taxation Hearing at our regular meeting on
December 6, 1994.
The final resolution may be adopted at our December 20, 1994,
meeting as a subsequent hearing, however, if the initial hearing is
not completed on December 6 it would be necessary to call a
continuation hearing for some date between December 12 and December
19 with the subsequent hearing Qn December 20.
ACTION REQIIIRED
If Council so desires, a motion should be passed adopting
Resolution No. 94- , RPSOLUTION ADOPTING PROPOSED BUDGET,
Resolution No. 94- , RESOLUTION APPROVING TFNTATIVE 1994 LEVY
COLLECTIBLF IN 1994 and Resolution No. 94- , RESOLUTION APPROVING
FINAL 1994 TAX LEVY FOR SPECIAL TAXING DISTRICT NO. 1 COLLECTIBLE
IN 1995.
LES:kkb
CITY OF MENDOTA BEIGSTS
DAROTA COt7rNTY, MI2�INESQTA
RESOLUTION NO. 94-
RESOLIITZON ADOPTING PROPOSLD BIIDGi3T
�
�
�HEREAS, State Statute requires City Council adopti.on of a
proposed Budget for 1995 on or before September 20, 1994; and
�HEREAS, the,Cit�r Cauncil has received and reviewed the City
Adminis�rator's proposed 1995 Budget; and �
�
� wSERi:;AS, Council recognized that the Budget document was
' prepared an the basi.s o� a Preliminary Levy which "will be
considered at public hearing on December 6, 1994.
, NOW THEREF4RE SE IT RBSOLVED by the City Councii of �he City
of Mendota Heights that the City Administrator�s Proposed �.995
' Budget appropriates expenditures in a manner consistent with
; service level needs and Preliminary Levy funding; and '
BE 2T FIIRTHER RESOL'VED tha� Council hereby adopts the
Adminis�.ratar's Proposed 1995 Budget dated as �he Preliminary
Budget for 1995, subject �o amendment following budget and levy
' hearings and adoption of a final levy,
' Adop�ed by the City Council of �he City of Mendata Heights �his 6th
day of September, 1994.
�
� ,
ATTEST:
�Kathleen M. Swanson
�Gity Clerk
;
i
CITY CflUNCIL
CITY OF MENDOTA HETGHTS
!
t
;
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1
Charles F. Mertensatto
Mayor �
i
�
� . '�I
� f �
CITY OF MENDOTA HEIGHTS
DAROTA COUNTY, MINNFSOTA
RESOLIITION NO. 94- '
�
RESOLIITION APPROVING TENTATIVE 1994 LEVY COLLECTIBLL IN 1995
�
�PHEREAS, the 1990 State Tax Levy Law requires the City of
Mendota�Heights to certify a tentative Tax Levy for the year 1994
prior to September 20, 1994; and
�HEREAS, the Levy may be adjusted prior to December 20, 1994
to an amount not to exceed the adopted tentative Levy.
NOW TBEREFORR BE IT RESOLVED that the City Council adopt the
following tentative Levy for tax against all taxa.ble property in
the City of Mendota Heights for collection in the year 1995:
General Fund
Emergency Preparedness
Fire Relief
Infra Structure Reserve
Watershed District
Legal & Contingency Levy
Total General Levy
subject to Limitation
Special Debt Levies
MWCC Sewer Debt
Equipment Certificates
Park Bonds
Improvement Bonds
Total
Total Tentative Levy
1995
PRELIMINARY '
$2,322,204
1,000
18,900
50,000
-0-
60,000
$2,441,104
$ 30,000
100,000
320,000
17,400
$ 467,400
$2,908,504
�
,
Zq � q r� � '
1
Anticipated HACA Aid $ 468,056 `
, �
Net Tentative Levy Certified $2,440,448 Z�a��, ��i�
�
BE IT FIIRTHER RESOLVLD that the Levy shall be iamended
�following budget hearings to reflect the adopted City Budget.
. a
�
�
i � ,
� i
BE IT FIIRTHER RESOLVED that the City hold a public hearing on
Tuesday, December 6, 1994 at 7:30 o'clock P.M. for the purpose of
considering the proposed budget and levy with a second hearing to
be held at 5:00 o'clock P.M, on Wednesday, December 7,.1994. �
Adopted by the City Council of the City of Mendota Heights this 6th
day of September, 1994.
, CITY COUNCIL
CITY OF MENDOTA HEIGHTS
• BY
Charles E. Mertensotto
ATTEST:
Kathleen M. Swanson
City Clerk
CITY OF MENDOTA HEIGHTS
DAROTA COIINTY, MINNESOTA
RESOLIITION NO. 94-
RESOLUTION APPROVING TENTATIVE 1994 LEVY COLLECTIBLE IN 1995
a
WHEREAS, the 1990 State Tax Levy Law requires the City of
Mendota Heights to certify a tentative Tax Levy for the year 1994
prior to September 20, 1994; and
WHEREAS, the Levy may be adjusted prior to December��20, 1994
to an amount not to exceed the adopted tentative Levy. '
NOW THEREFORE BE IT RESOLVED that the City Council adopt the
following tentative Levy for tax against all taxable property in
the City of Mendota Heights for collection in the year 1995:
General Fund
Emergency Preparedness
Fire Relief
Infra Structure Reserve
Watershed District
Legal & Contingency Levy
Total General Levy
subject to Limitation
Special Debt Levies
MWCC Sewer Debt
Equipment Certificates
Park Bonds
Improvement Bonds
Total
Total Tentative Levy
Anticipated HACA Aid
1995
PRFsLIMINARY
$2,322,204
1,000
18,900
50,000
-0-
60,000
$2,452,104
$ 30,000
100,000
320,000
17,400
$ 467,400
$2,919,504
$ 468,056
Net Tentative Levy Certified $2,451,448 ;
BE IT FIIRTHER RESOLVED that the Levy shall be� amended
following budget hearings to reflect the adopted City Budget.
n
1 �
I
BE IT FIIRTHER RESOLVED that the City hold a public hearing on
Tuesday, December 6, 1994 at 7:30 o'clock P.M. for the purpose of
considering the proposed budget and levy with a second hearing to
be held at 5:00 o'clock P.M. on Wednesday, December 7, 1994.
Adopted by the City Council of the City of Mendota Heights this 6th
day of September, 1994.
�
ATTEST:
Kathleen M. Swanson
City Clerk
By
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
CITY OF MENDOTA HEIGHTS
DAROTA COUNTY, MINNESOTA
RRSOLIITION N0. 94-
RESOLIITION APPROVING FINAL 1994 TAX LEVY FOR SP£CIAL TAXING
' DISTRICT NO. 1 COLLECTIBLis IN 1995 {
. �
i
WHEREAS, the City of Mendota Heights has, by Resolution No.
87-91, authorized the levy of taxes within Special Tax District No.
1 for the purpose.of paying operating costs of the street�lighting
system established within said District; and �
�SLREAS, the City of Mendota Heights has determined,that the
sum o$15,000 will be required in 1995 for the purpose of paying
such operating costs. �
NO� THEREFORE BE IT RESOLVED that the City Council of .the City
of Mendota Heights adopt the following levy against all� taxable
property within said Special Taxing District No. 1. �
Operation aad Maintenance Costs $15,000
BE IT FIIRTHER RESOLVED that any tax exempt property with said
District be billed for services at a comparable rate computed on
the Assessor's�Market Value of such property. .�
BE IT FIIRTHER RESOLVED that the City Clerk is hereby
instructed to transmit a certified copy of this Resolution to the
Dakota County Auditor. �
Adopted by the City Council of the City of Mendota Heights this 6th
day of September, 1994.
By
ATTEST:
Kathleen M. Swanson
City Clerk
�
CITY COUNCIL �
CITY OF MENDOTA HEIGHTS
�
�
' FUND
' GENERAL FUND
�
1
FUND NO.
� 01
' TOTAL EXPENDITURES
DEPARTMENT ,
City Council
Administration
Elections
Police
Fire ;
Code Enforcement
Public Works
Road & Bridge
Parks
Planning
Recycling �
Animal Control
Total General Fund
Expenditures
ACTUAL ACTUAL I BUDGET t 6/194
18,590 17,750 19,990
438,070 472,840 522,900
33,440 1,650 38,710
1,136, 830 1,168, 830 1,209,680
217,410 185,190 230,990
129, 570 130, 010 125, 740
413,120
270,740
61,750
13,400
4,380
455,220
312,960
79,400
12,520
4,970
408,630
327,280
65,500
13,200
7,200
7,870
149,210
0
449,230
47,530
44,520
141,220
110,430
24,130
4,440
1,420
2,737,300 � 2,841,340 � 2,969,820 � 980,000
1994
TIMATE
�19,990
I
5� 2,150
38,710
1
1,209,680
�
2� 0, 990
126,150
�
408,630
327,210
�
65,500
I
13,200
7,200
1995
BUDGET
19,990
545,460
21,410
1,285,500
223,020
128,060
434,850
373,460
66,520
15,430
7,200
10 � 3,120,900
General Fund
Contingency 0 67,000 72,000 0 0 60,000
;
CITY OF MENDOTA HEIGHTS
�� �
September 2, 1994
TO: Mayor, City Council and City Administrator
FROM: ' James E. Dani �
Public Works D' t
SUBJECT: Colony Townhome Storm Water Improvement
a
ffiSTORY•
!
The Colony Townhomes are located on the bluff line of the Minnesota River in
Lilydale. These townhomes have been troubled with storm water problems for many years
and recently large segments of the rack bluff have fallen off near them threateni.ng their
foundations. The storm water that nins into their area is from both Mendota. Heights and
Lilydale, therefore an intercommunity solution to the problem has been identified as a goal
within the Lower Mississippi River Watershed Management Plan.
DISCU5SION•
Barr Engineering, the Lower Mississippi River RTMO's Engineer, has designed a storm
water project to route storm water around the Colony townhomes and down a drop shaft into
an e�cisti.ng railroad storm sewer below. The WMO Board has reviewed and approved these
plans. Because the affected residents are in Lilydale and hecause a good share of the work is
in Lilydale, Lilydale is taking the lead on this project. T'hey will utilize Barr Engineering who
has designed the project to also do the project management and over see its completion.
Lilydale will also up-front fund the project, with Mendota Heights reimbursing them for its
share once the work is completed. This procedure is exactly like the Mayfield Heights
Diversion Project where Mendota Heights designed and built the project and will bill Lilydale
for their share of the costs once we have determined all the final costs. j
Fundin�
Project costs are estimated to be approximately $240,000. We are currently working
with Mn/DOT to pay a share for Trunk Highway 13's contribution (approxunately 25 %), the
Lower Minnesota River Watershed District (approximately 25 �), and Dakota County $6,000.
The remaining cost will be split 50-50 between Mendota Heights and Lilydale. �
Timing
Final approvals for this project still need to be obtai.ned from Mn/DOT and a hold
harmless agreement obtained from the Colony Townhomes prior to construction. These
approvals will delay the project until.1995.
RECOMIVV�ENllATION:
This is a Watershed Management mandated project and I recommend that, subject to
Mn/DOT participation and to receipt of a Hold Harmless Agreement from the Colony
Townhome Association, Mendota Heights participate in its construction. Because a relatively
small area of Mendota Heights drains into this expensive storm water project and very litt1e, if
any, benefit can he shown to the homeowners affected, this project should be funded out of the
Storm Water Utility fund (it was budgeted for in 1995).
ACTION REQUIRED•
If Council desires to implement the recommendation they should pass a motion
authorizing the Mayor and Clerk to sign the attached Joint Powers Agreement Relating to the
Construction of a Storm Water Improvement Located in the Area West of Lexington Avenue
and Trunk Highway 13 (West Lexington Sewer Project), all subject to Mn/DOT's participation
and receipt of a Hold Harmless Agreement from the Colony Townhomes Association.
! JOINT POAERS AGREEMEN'P RELATING TO TI3E �
CONSTRUCTION OF A STORM AATER IMPROVEMENT I
LOCATED ZN THE AR�A WEST QF LEI�INGTUN AVEI�tUL� �
AND TRIINR HIGAAAY 13 (WEST LE%INGTON SEWER PROJECT)
.THIS AGREEMENT, made and entered in�Go this �day of
, 1994, by and between the Cities af Mendata Fiei.ghts,
Minnesota and Lilydale, M.innesota, hereinafter called Niendota
Heights and Lilydale. + �
WHEREAS, starm water emanating from both Cities is causing
problems within Lilydal.e in the area o� West of Trunk iiighway 13
and Lexington Avenue; and � �
WHEREAS, Barr Engineering Company has conducted exten�i.ve
engineer3.ng studies anal.yzing the prablem; and �
,
WHEREAS, these Barr studies have arrived at a solution�to the
storm water prablem that recommends installation of a pipe ta gick
up.flows on Lexington Avenue and cbnvey them to a new pipe under
Ha.ghway 13, and a drop structure whi.ch will di.scharge to the
existing drainage system at the former�railroad line; and I
1
WHEREAS, this solution has been reviewed and approved by
Mendota Heights arid Li.lydale; and � �
WFiEREAS, the cost share allocated ta the two 'Cities for
completing this work has been calcu2ated to be very near ari equal
5Q-50 split. � '
NOA THEREFORE, it is mutually agreed by and between the
parti.es as follaws: �
1. Lilydale shall be designated to comglete the design
drawings in accardance with �he Barr solution to
construct a storm water project to be called the'"West
Lexingtan Sewer Project." The design for this project
shall be completed to implement the West Lexington Avenue
Drainage project as identified by MNDot as SP 1902-46.
• 2. Plans and specifications shall be submitted to M�ndota
He3.ghts and Lilyda�e for approval before adverta.sement
for bids. Lilydale and Mendota Heights shall bath
agprove of the bid before a cantract a.s awarded. �
3. A11 costs payable by the Cities shali be divided egually
between them on a 50-SQ.basis. Tatal estimated p'roject
costs are $115, Q40. 44, including constructa.on casts�, Barr
Eng9.neering consulting costs, easement costs and
Lilydale's costs for design, inspection, project
coordination, and financing. �
0
4. Lilydale will fund the project during construction.
Mendota Heights will be billed and agrees to pay its
fifty percent (50�) share upon final payment to the
contractor, or its estimated fifty percent (50�) on a
date to be agreed upon prior to construc�tion,'whichever
comes first. In the �vent that Lilydale needs to
initiate litigation to receive payment for this
. obligation, Lilydale shall be entitled to reimbursement
of all costs and reasonable attorneys' fees incurred in
conjunction therewith,' whether incurred prior to or after
entry of judgment.
IN TESTIMONY WHEREOF, the parties hereto cause this Agreement
to be executed by,their respective duly authorized officers as of
the day and year first above written.
CITY OF MENDOTA HEIGHTS . CITY OF LILYDALE
By
Mayor
Attest
City Clerk
` By
' Mayor
-2-
Attest
City Clerk
y '�
C-
• Y
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�
CITY OF MENDOTA HEIGHTS
i� •
August 30, 1994
TO: Ma.yor and City Council Members
FROM: Tom Lawell, City Administr
SIIBJECT: Air Noise Mitigation - Conversion to nStage III" Quieter
Aircraft Fleet'at MSP �
INTRODIICTION
The Council recently met with the Airport Relations Commission
to discuss the City's on-going air noise mitigation efforts and the
newly prepared Air Noise Plan of Action. As part �of that
discussion it was suggested that the City adopt a resoluti'on aimed
at expediting Northwest Airline's fleet conversion from noisy Stage
II aircraft (ie., 727s, DC-9s) to quieter Stage III aircraft (757s,
A-320s, hushkits). Attached for your consideration please find a
resolution which addresses this issue.
DISCIISSION
As you are probably aware, the FAA has mandated that all
airlines phase out their noisier Stage II aircraft by the year
2000. However, should an airline be at least 85� Stage III by the
year 2000, they are able to request a three year time extension in
which to complete their aircraft transition. �
Of all of the airlines operating at MSP, Northwest�controls
the vast majority of flights in and out of the airport. As a
result, Northwest's fleet conversion plans are of � primary
importance to us in terms of anticipated noise reduction. Given
the recent financial difficulties at Northwest and the large
capital costs associated with converting to an all Stage III fleet,
it was our fear that Northwest would look to delay its full
conversion to Stage III until 2003. �
On several occasions, Northwest representative �Kathleen
Gaylord has stated publicly that the airline intends to comply with
the year 2000 conversion date and does not intend to request the
available three year extension. {
r �
At the present time the State of Minnesota and the MAC are
negotiating with Northwest Airlines regarding the long-anticipated
aircraft maintenance bases in northern Minnesota. As you will
recall, the plans for these bases have been modified significantly
by Northwest since the initial State assisted financing package was
prepared in 1992. As part of the renegotiation process, the
attached resolution urges the State and the MAC to aggressively
pursue meaningful noise mitigation measures, particularly those
which would result in a more rapid conversion to an all Stage III
fleet.
RECONIl�ZENDATION
On August 24, 1994 the Airport Relations�Commission reviewed
the attached resolution and voted unanimously to recommend its
adoption to the City Council.
ACTION RE4IIIRED
Should Council agree with the Commission's recommendation, a
motion should be made to adopt Resolution No. 94- - A RESOLIITION
IIRGING THL STATB OF MINNrsSOTA AND THE N�TROPOLITAN AIRPORTS
CON�iISSION TO NLGOTIATE A RAPID CONVERSION TO AN ALL STAGIs III
QIIILTFs'R AIRCR.AFT FLEFsT AT MINNEAPOLIS/ ST. PAIIL INTIsRNATIONAL
AIRPORT. Staff should be directed to forward the adopted
resolution to the MAC, key legislators, appropriate State agencies,
and other cities impacted by airport operations.
CITY OF MENDOTA H�IGBTS
DAROTA COIINTY, MINNESOTA
RESOLIITION NO. 94-
A RLSOLIITION IIRGING THE STATL 4F MINNESOTA AI�TD THF3 METROPOLITAN
AIRPORTS COb�IISSION TO NEGOTIATL A R.APID CONVERSION TO AN ALL
STAGE III QIIILT}3R AIRCRAFT FLLLT AT MINNEAPOLIS/ ST. PAtTL
INTBRNATIONAL AIRPORT �
�SEREAS, residents of the City of Mendota Heights ald other
communities in close proximity to Minneapolis/ St. Paul Inter-
national Airport have witnessed a dramatic increase �in the
frequency and overall noise level of aircraft traffic over the past
20 years, and �
�
WHEREAS, the Federal government recently established a
mandatory schedule for the phase out of noisier Stage II jet
aircraft in favor of quieter Stage III jet aircraft, and
WSEREAS, the Federal phase out schedule requires all airlines
to be 100� Stage III by the year 2000, except for those airlines
which are at least 85� Stage III by the year 2000 which are
eligible for a three year time extension in which to complete their
aircraft transition, and #
WHEREAS, the State of Minnesota and the Metropolitan Airports
Commission (MAC) in 1992 entered into a contractual agreement with
Northwest Airlines to finance a cash injection into the airline and
to finance the construction of a Heavy Maintenance Base in northern
Minnesota, and {
�HEREAS, as part of this agreement, Northwest Airlines
contractually agreed to various covenants including several�related
to aircraft noise mitigation, and
�PSEREAS, recent modifications in the scale and �use of
Northwest Airline's Heavy Ma.intenance Base development plans have
necessitated the renegotiation of financing agreements with the
State of Minnesota and the MAC, and �
�PHEREAS, Northwest Airlines has on several occasions publicly
stated they will comply with the 100% Stage III aircraft conversion
schedule by the year 2000 and that they will �not request the
available three year time extension.
NOW THERSFORE, BE IT RESOLVED by the City Council of the City
of Mendota Heights, Dakota County that the State of Minnesota and
the Metropolitan Airports Commigsion is encouraged to mandate as
part of their renegotiation of financing agreements with Northwest
Airlines that the airline contractually agree to meet the 100�
Stage III aircraf't conversion schedule by the year 2000.
BE iT FIIRTHER RESOLVED that the State of Minnesota and the
Metropolitan Airports Commission are encouraged to aggressively
pursue other meaningful noise mitigation measures, such as
requiring at MSP accelerated Stage III usage prior to the year
2000, as part of their current negotiations with Northwest
Airlines.
Adopted by the City Council of the City of Mendota Heights this 6th
day of September, 1994.
By
ATTEST:
Kathleen M. Swanson
City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor
�' • - S
qPS�REAS, Northwest Airlines has on several occasions publicly
stated they will comply with the 100� Stage III aircraft conversion
schedule by the year 2000 and that they will not request the
available three year time extension. �
NO�P THEREFORE BE IT RESOLVED b the Cit Council of�the Cit
. Y Y , Y
of Mendota Heights, Dakota County that the State of Minnesota and
the Metropolitan Airports Commission is encouraged to mandate as
part of;their renegotiation of financing agreements with Northwest
Airlines that the airline contractually agree to meet the 100%
Stage III aircraft conversion schedule by the year 2000.�
2� t9 LS �� �cS S�9 6 6 �
BE IT FIIRTHPR RESOLVED that the Metropolitan Airports
Commission is encouraged to also adopt an ordinance which will
prohibit the operation of noisy Stage II aircraft at MSP effective
January 1, 2000. • �
�
Adopted by the City Council of the City of Mendota Heights
day of September, 1994.
By
ATTEST:
Kathleen M. Swanson
City Clerk
this 6th
CITY COUNCIL �
CITY OF MENDOTA HEIGHTS
Charles E. Mertensotto
Mayor !
�LIST OF CONTRACTORS TO BE APPROVED BY CITY COUNCIL
September 6, 1994 '
Concrete Coatractor License ��
Viking Concrete & Masonry, Inc.
Exeavation Coatractor Licease
A. Kamish & Sons Inc.
Kuehn Excavating
Glen Rehbein Excavating, Inc.
Virgo Contracting
General Contractors Licease
National Home Framers
Gas Piping Coatractor License
LaFond Plumbing
Pride Mechanical
Ryan Plumbing & Heating
;
SVAC Contractors License
C.O. Carlson Air Conditioning Co.
Managed Services Inc.
Master Mechanical Inc.
Suburban Air Conditioning Co.
• ' .t�'yi��:' �'. : � :li:��:'� � .
' ;f 'It:'r. � t';.: i::�. i;7, •'.�'� .ti ..,:e:°1':'.� " .
t.�, .
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15 Commerci�i Asphalt 0i-4422-050-5IIt �� 'wear mix ffi6.86 �
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Tdtals Temp Check Number 19
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Temp Check Number 20 _ .
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2 5ep 19� Claims 4ist Page 4 i'
Fri 2:85 F�M City af �eMdota Heights .
� Temp Cheak Number 20 ___ __ _ _ �,
F`l Temp. ,.
`' Check
Number Vendor iVame Rccounb Cade Camrnents Rmaunt
r� • (' -
�� 20 Ccrmm Ccnter �1-4330-440--20 rprs �05.32 ��
� �g �05.3� Q �
Tatals Ternp Check Number 20 ,
' i Tetnp ChecSt Number 21 �l �
21 Constructian Materials @1-43@5-05@-50 splys ]59.75
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`" 21 . 159. 75
Tatals Temp Check iVumtrer 21 �
�'� Temp Check Nurnber z2 �
� 22 Capy Auplicating Prod�ets 15-43@5-060-60 aug svc 18.04 �
22 18. 4�4
� Totais Terop Gheck Number 22 (,�?
Temp Check Number 23
� 23 Kevin Cu$ter 15-4330-49@-60 beaver trapping 546.80 �
� �3 546.80 �
iotals 'iemp Check Number 23
� Temp Check Num6er E4 Q
24 Corrigan Electric 15-4330-490-60 rprs ls 175.0�
�7 �4 i75.09 �
Totals Temp Check Nurnber 24
� Temp Checic �Iumber c5 �
""1 25 Caverall 08-4335-@00--Q�@ cing svc 287.55 , ,. . �
�� i 287.55
�:� ?atals Temp Check Number 25
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Temp Checic Number �6 ' �
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+'� 26 Creatfve Colars J 01-4330�490-50 __.._ _._ _. � ���ys -- - - . - ----2@4_75� _ __--, __ __ � � .. ._
;..j 26 �04.75 �,i
�y TataYs Temp Check IVun�ber 26
� Temp Check Number 27 �
27 Dakota County Auditar 16-4490-@¢��t-@0 parce2 chg tif 3,057.00
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" 27 3� @57. 00
i'otals Temp Check Numt�er 27
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' 2 Sep 19: Claims List Page 5 •
Fri �:25 RM City of �entiota iieights -
�� .� �
Temp Check Nurnber 2� . ._ _. _. _
''i Temp. �
Check �
Nuraber Vendor Riarae Accau»t Code Carnroents Amount .
., . �
7emp Check Nurnber 2$
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28 Daketa County Tech In�� @1-440�-@:,0--.'�,0 regr karritz , 45.00
28 45. 00 �
Tatals Temp Check Number 28
' Temp Check Rturnber z9 • a
29 James Denielson Q�5-4415-105-i.`�i sept allow 120.00.
' 29 120. 0@ �
Totals Temp Check Number 29
� Temp Check Number 3@ 4
:"z 3@ Danka Emgcy Eq @5-433Qt-460-3Q splys 17.00 �
. 30 Aanko Emgcy Eq 01-430'S-030-30 splys 92.Q0
'.) 60 109.00 �
7atals Temp �heck Number 30
Temp Check tVumber 31 �
31 Aanner Landscaping 01-4330-215-7@ sod 35.15 '
-:t -- . __--.- ci
� 31 35.i5
7otals Ternp Check Number 31
� Ternp Check Number 3E ' �
�s 32 Dennis Delmant 01-4415-020-�0 sept allow 12@.00 �
32 120. 00
• Tat�ls Temp Cheak IVumber 32 , (�
Temp Check Number 33
33 Designer 8ign Systems 01-4�90-@80-8@ ' �ramepl�te 27.�C8 �
� 33 • 27.2'B �)
Tatals Temp Check Number 33 _ � ._ _.._-- __ _ -.. - - - - - .. - - -. _ -- ,,. - - -- -- - —
. Temp Check Number 34 �)
34 Dictaphone 01-4330-44�-20 rprs 194.55
���� 34 Dictaphane 01-4330-440-20 rprs 97.33 �
68 291.88
7otals Temp Check Number 34 � (:
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2 5ep 19. Claims List Page 6 �
Fri 2:25 PM City af Mendata Heights -
�� �.
Yemp Cherk Number 35 _
-�';} 'iemp• r
Check •
Number Vendar Name Recaunt Gode Cammenta Araaunt
��'F ' C' �
35 �ielstone Cabinatry Irrr PJi-4131-020-20 sept prem gariock 78.0�d '
� 35 78.0Qi �
Totals Temp Check Number 35 ,
....} Temp Check Number 36 �
36 Fortis Henefits Ins Ca 01-4132-@31-30 sept prem 154.80
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36 - 154. 60
7otals Temp Check Number 36 ,
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Temp Check Number 37
F� 37 Friden Neapost 01-433t�-490-10 re mail eq 45.50 �
37 Friden IVeopost 01-4330-440-20 mail eq 45.50
• 37 Friden Neopost Q11-4330-46@-30 mail eq 25.34
� 37 Fride» Neapast 01-4330-445-40 mail eq 45.5@ �
37 F'ride» Neapast 01-4330-49@-50 mai.l eq 25.34
37 Friden Neopost 0i.-4330-490-70 mail eq 25.34
� • 37 Friden Neopast 05-4330-490-15 mail eq 45.50 (�
s7 Fride» t�opast 25-4330-490-60 maii eq 45.54i
;l 296 3@3. S� �
Total� Temp Check Numbe�^ 3?
;j Temp Check Nurnber 36 �
38 Gcavt Tr�ining Sva 01-440@-110-10 regr lawell 95.02�
"1 -- ---__
•. 3g 95. 00 Q
7otals Temp Check Number 38
� Temp Check Numher 38 �
;'+. 39 Great Western Sply Co 01-4305-050-50 splys 17.12 . �-�
39 . 17. 1 �
4; Totals Temp Check Nurnber 39 �j
Temp Check 1Vumber 40 `
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k0 Graup Hea2th Fne 05-4131-1@5-15 _ __ _ � , , _ _. -sept prerrt - ----_ - � - - -- 395. 30 - .- -_ .- — _ __._ .._ . _ a.
;: � 40 ' 195. 30 �
� Tatals Temp Check lVumber 40
�j: Temp Check Numher 41
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41 I O S 02-4330-49tD-IQ1 sept mtcn 34.6tIl
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2 8ep 19i Claims L.ist Page 7
Fri 2:25 PM City of Mendota Neights _
�••` �
Temp Check Number 41
�� Temp• (�
Check
Number Vendor Narne Account Code Comments Arrsount
41 I 0 S 01-4330-460-30 septr mtcn 34.60 �
41 T O S 01-4330-445-40 sept mten f7.z9 .__
;� 41 I O S 0i-43sQt-�t90-�0 '� sept mtcn 34.60 �
41 I O 5 01-4330�-490-70 sept mtan , 34.6Q1
41 I O S 05-4330-490-15 sept mten 51.90
:, 41 F O S 35-4332[-490-60 sept roten s4.60 �
41 I O S 01-4490-f09-09 sept mtcn 69.20
41 i 0 S Q11-43@Pl--080-80 sept mtan 34.60
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369 �� 345. 99
Totals Temp Check Number 41 ,
: `� �
" Temp Check iVucnber 42
r� 42 Tm�ge �uilders 08-4480-0@0-0Q re ch starage �rea 1,920.00 �
i:.
42 1 � 920. @0
;? Totals Temp Gheck Number 42 _ (�
Temp Check Number 43
� 43 i�aul Kaiser @1-4268-i50-30 aug svc 2, 255. B0 4
"') 43 1= 255. 6Q1 �}
'fatais Temp Check Number 43 ,
;Y) Temp Check Number 44 � �
44 Kxwanis Club @1-4400-11@-10 2nd,3rd,4th qtr �82.@0
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.. 44 �82. 00
To�als Temp Check Number 44 , ,
� Temp Ghecic Rlumber 4S .. � I�
;. 45 Knutsan Rubbish Service 08^�►33.ry'!.-000"'QJ� aug svc 68.66 . �"�
45 68. 86 -
,.� 7otais Temp Check Number 45 � (')
Temp Check 1Vumber 46 ' �
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46 7hnmas Knuth 05-4415-1�5-15 sept ailaw 10.QJ2+ .�__ __ _ _ �_ ,. ___..�_ __ �
--- 46 Thomas-Knuth "` .._ 88-44i5-704-00 - - Y `"-"' mi exp -. .�.._ , ` 59. 16
_ k6 Tharnas Knuth 29-4415-834-1�0 mi exp k9.88 �:�
46 Thomas Knuth 88-4415-828-010 mi exp 17.98
4b Thornas Knuth 16-4415-842-Q�Q� mi exp 47.56 '
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230 184. 58
Tot�l� Ternp Check Number 4b
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Temp Check Number 47
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2 Sep 19�� Clairns List F��ge 8 "
Fri z:�5 Phi " City of Mer�data Neights -
� Temp Check Nurr�ber 47 �
,',l Temp.
Check �'
tV�imber Vendar lVarae Recount Code Cotaments Arnaunt
' 47 Krechs Office Machines 01^4300-110-10 splys 17.8� • �
� 47 17.89 r�,z3
Total� Temp Check Number 47 ,
"` Temp Check Number 48 �
. ("":
48 L E L S 01-2075 sept dues 275.00
� k8 . 275.00 r•
Totals Temp Check Number 48 .
,i "
�' Temp Check Nurrrber 49 �'�
� 49 L M C I'f . 05-4133-105-15 audit ad,� wc ins � 284.00 ('�
49 284.@0
�� Totals 7emp Check Numbe�^ 49 ('}
Temp Eheck Number 50�
� 50 League caf Mn Cities 01-2074 sept prem 579.96 �
50 League of Mn Cities 01-4131-020-�0 sept prem 94i.56 ,
� f 0f3 1, 521. 5� . �
Totals Temp Check Numiser 50
� iemp Check Number 5f �
_ j 51 Lagerquist Corp Q�8--4335-@00-@0 sept avc 90.60 Q
51 90. 60
� Totals Temp Check Numtmr S1 � �
Temp Check Numher 52
" S� Life U S A 0f-4?31-L�20-2Q sept prem 3Z2.3i� . ("�}
52 l.ife U S A 01-4131--050-50 . sept prem 185.68
:j 52 Life U S A 05-4131-105-15 sept prem 821.57
52 �ife U S A 35-413f--@60-50 sept prem 25�.70 �'�
52 Life U S A @1-4131-070-70 sept prem 190.66 �
52 Life U S A 01-4131-110-10 septr prern 144.7@ ��
--- _ _ _ -. -- - —� _._.. . - -- - — - - -- _ _._.... � _ _ . _------- ` _._ ._ _.., ' -_..- {wj .�
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• Totals Temp Check Nurnber 52 ' �,
Temp Check Number 53 "
�5 �
53 M Thom�s Lawel l Q+1-k41S--110-10 sept a21aw 175. iA0
� 53 � ' ,
175. 0@ {.
Tata15 Temp Check lVumtser 53
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1 2 5ep 19 Claims List Page 9 �
Fri 2c85 PM City af Me��ota Heights -
r,"", �
_ Ternp Check Number 54 --
. . Temp. Q
Check ' '
IVurnber Vendar iVarae Account Cade Comments Amount _
54 4eague Mn Cities 01-4404-110-10 4 mos 94 dues 1,793.(b0 . �
54 �eague Mn Gities 01-1215 . 8 mos 9S dues 3,5d5.02t
�; --- -------- �
108 , 5� 378. 00
Tatals Temp Check Numt�er 5k
�
Temp Check Number 55
' S5 Leef 8ros Qi-433S-310-5t� aug sve • 16.00 �
55 Leef Hros 01-4335-310-"70 aug svc , 16.00
' S5 Leef Sros 15-4335-310-60 aug svc 16.0Q.
.. 165 48. 00 �
Totals Temp Check Number 55
�� Temp Check Number 56 . �
"'� 55 Lir�col» &enefit @2-2@74 sept prern 40.0@ Q
� 56 Linco2n Benefit QJ1-4i31-02@-Z0 sept prem 363.82
56 Lincoln E�enefit �1-4131-110-10 sept prern 127.94
� f68 53Y.76 fl
7otals Temp Check Number 56
"i �
` "iemp Check hiumber 5?
?� 57 Mac Queen @1-433@-490-50 parts 358.83 �
57 358. 83
. Totals Temp Check IVurnteer 57 (a
Temp Check Number 58
� 58 C S Me Grassar� Cor�st Z9-4460-834-@0 pyrrst 3 ivy falis f i4, 884.45 �.
gg 114� 884. 45 �
- 7atals Temp Check Number 58 .
, Temp Check Number 59 (�
59 3ohn Maczko 0i-44@0-030-30 exp intl fc canf 7k8.51 `
...' �_....59---- - T. _ __.__ __.�._____.�- �....._ _ _._ _... ------ . _ _._ ..._ -_.._ - .�-?48. 51 — _ _ ._ _ _____�_ �!
Totals Temp Check Number 59 •
_' . . ' . . • �
Temp Check tVumber 60
�1 60 Med Cerrters H P 01-2074 sept prem 3, �07. 31 �
60 Med Centers F! P 01-4131-if0-10 sept prem 1,293.12
60 Med Centers H R � 02-4i31-Q+2Q+-2� s�pt prem 2, 923. iZ
�� � � � •'
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� 2 5ep 19�. Clairns l.ist Page 10 '
Fri �e25 r�'� Gity gf Mendata Heights .
r�� �
_ Temp Check Number 6� ___
(;.} Temp. L .
Check
Nurnber Vendar tJame Acecunt Cade Comments Amaunt _
r..-, �
60 Med Centers H P 01-4231-040--4@ sept prem 648.00 �
60 hled Centers !i F� 01-413f-050-50 seQt prem 2, 457. 28 . .
S;i� 60 Med Centers H P 01-4i31-tD7tB-7Q► sept prem 807.84 .,�j�,
60 Med Centers H P @5-4i31-i@5-15 sept prern , 1,781.28
60 Med Centers H P 08-4131-000-@0 sept prern 16f.28
'. 5Q� Med Cente�^s Fi F 15-4I32-060-6fd , sept prem 8�9. c^8 (1
540 13, 078. 51
. i'otals 3emp Check Nucnber 60 • (}
Temp Check Number 61 •
i' 61 Mendota Heights Gerticare 01-4330-44@-20 headlite 23.38 �
�-�; �� 23.38 (�
� Totais Temp Check Number 6f
�� Tsmp Check iVamber fs� � �?
62 Mendota Hghts Fire ReliefAssn @6-4490-0@0-0@ state aid 36,'763.@0
`� -- --------- �
£s2 36�'753. Q1QJ
Totals Temp Check Number 62
_� � �
'� "iemp Check htumber b3 � ,
'� 63 Metro Waste Contral 15-4449-06@-60 sept svc 63,534.00 �
_. 63 iYtetro Waste Gontral 17-3575 � � sept svc 2,'796.00cr�
"� 126 . 6@� 738. 00 ('�
. 'iotals Temp Gheck Nurrrbe�^ 63
� Temp Check Number 64 ' {�
64 Ma.dwest F'ilG$G Svc Q�S-43@5-020-2@ aug svc �6.86
76. 8fa '
(?
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Totals Temp Check Number 64 ,
• �1
Tem{a Check Number 65
• 65 Midwest Radiator 01-4330-440-20 rprs 123. S5 (;.j
�....- � _ fa5 _ .� - - -- -- -- -�. ,...-._. . �. _ _ _--_-_._ -- —___. . _._ _.. , .- - - �_, _._ _ `-123. 55 � ` - - ---
, Totals Temp Check Number 65 ' (��
Temp Cheak Rlumber Ea6 _ .
�1 . �:`.?
66 Minn Cellular Tele Cn 01-4210-@20-�0 aug svc 81.17
65 Mir�r� Ceilu2ar Tele Cu 0f-42i0-030-30 aug svc 2f.A8
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2 5ep 19'.
Fri 2e25 r�t
� Temp Check Nurnber 66
(�;� Temp.
Check
Number Vendar IUarne
i �`
�� 66 Mi,nn Cellular Tele Ca
66 Mi,nn Cellular 7ele Ca
�Riir fi6 Minr� CeI2ular Tele Co
330
`'�� Sotals Ternp Check Nurnber
Temp Check Number 6?
•-7
� 67 Minn Mutual Life Ins
67 Minn Mutual Life Ins
;"ti 67 Minn Mutuei LiPe Iris
� 67 Minn Mutual Life Ins
67 M3nn Mutual Life Ins
`:3 335
7otals Temp Check Number
•-1
�� Temp Check Number 68
�� 68 Minnesota BeMefit Assn
66 Minnesota BeMefit Assn
68 M:innesota Penefit Assn
�
58 Minnesota Senefit Rssn
68 Minnesata Benefit Ass»
68 Minnezata Benefit Assn
M) 68 M3.nnesota Renefit Assn
k76
��) 7atals Temp Check Number
Temp Check Number 69
� 69 Minrsesoia Teamstera Loc 32Qi
'; � 69
Tatals Temp Check Numbe�^
"1 Temp Check Number 70
70 Mn Dept €'ublic Safety .
70 Mn Dept Pubiic Safety
14Qi _ �
Totals Temp Check Nurnber
Temp Cheak tVumber 71
c4,�..,�
71 Jim Murr Rlbg
Claims List
Gity of MeMdota He£ghts
Accaunt Gode
01-4210-020-20
01-4210-f10-10
01-4� 10-030--3tB
«�7
@1-2074
01-4131-11Q�-10
Qti-4131-@2kI-�Qt
01-4131-070-70
08-4131-@0@-@0
67
01-2@74
01-4232-1i0-S0
(b1-4131-020-20
01-4131-050-50
0 f -4131-@7Q!-?0
05-4131-105-IS
15-4131-@60-6@
68
01-2QS75
69 -
01-4200-6f0-20
01^4200�-610-80
70
01-4330-490-70
Cornment s
aug svc
aug svc
aug sve
sept prern
sep� prem
sept svc
sept prern
sept prem
sept prem
sept prem
sept prem
sept prem
sept p�^em
sept prem
sept prem
sept dues
cann chg
cann chg
rprs bali p�rk
Page 11 �'
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.. 71 � 66. 30 � ..'
7otals Temp Check Number 71
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1�� 2 5e 195 Clairns List Page 12
P
Fri �:25 N�*t City of �iendata Heights .
� Temp Check Numtier 7� _ _ ___ _.. t�
� Ternp. � 1
CF� ec k
Number Verrdor N�me Accour�t Cade Cornmerats Amat�nt
r:� ' • �"
" 72 Natiorral Guerdian 15-4330-490-60 balance 64.10 .
72 Natian�l �u�rdian 15-4330-494-60 balance _ 67.20 _._.
� 144 , 131.30 �
7otals Temp Check 1Vum6er 72
;: � {�
Temp Check Number 73
,� 73 Narthern 01-4330-490-5Qt part • 0.55 �l
�� 73 Northern 01-4305-070-70 splys , 38.49
73 Northern . 01-4330-490-70 splys 21.32.
-) 73 3Yarthern 01-4305-050-50 spiys 13.83 �
73 Narthern 01-433Qs-490-70 rtn 8.58cr
73 Narthern 01-4305-050-50 splys 60.69
� 73 Northern @1-433@-�15-?0 splys 86.z4 {')
511 2i2.54
�� Totais iemp Gheck Riumber 73 � (�
Ternp Check Number 74
� 74.Northern,Air Corp 08-4335-000-00 rpr� lSf.06 �
74 Northern Rir Corp 08-4335-000-00 rprg 132.S0
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248 283.56
7ota1� Temp Check Number 74
a Temp Chec{c Number 75 �
"'�� 75 Oakcrest Kennels @1--4221-800-'90 aug svc �50.@Q1 �
_. 75 Oakcrest Kennels 01-4225-80tB-90 aug svc 667.05
i� 150 1 y 017. 05 � � �
T+atals Terng Gheek ttiiumber 75
�) Temp Check Number 76 , (�l
76 Ohlin Sales 01-4330-440-2Q� splys �19.2�
`. 76 �+�
�C 2 9. 27
iota2s Temp Chec}c Number 76 � '
�;; ., . Temp Check�IVurnber..__. 77_.-- -- -- �. , -,- _ �� _ __ __. �..._... � __. ._ _ .,- -. _ -t. � ._.___-... w_ ._.- — �=---
77 P& H Whse @1-4330-49Q�-70 � splys 895.86 ,
. . �.. •
77 , ' . 895.8fi . • .
� Tatal� Temp Check Number 77 �
Temp Check Rlumher 78
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� 78 Pedersan Sells Eq 01-4330-490-50 part 198.0'9
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' 2 Sep 19' Cl�ims List Page i3
Fri 2:�5 �,*3 City af fiiercdata Heights .
� Temp Check Number 78 , . ._ __ �"
(�l Temp. .
Check . �'�
Number UeMdor Narne Accau»t Gode Comrnents ' Araount
r1 78 198. F19 • �
Totals Temp Check Number 78
� Temp Check Number 7� , Q
:_? 79 Pipe Servic�s 15-4330-490-60 ls cing S,�C7�.00 �
79 1 � c�72. 00
�t Tatals Temp Gheck Numtaer 79 • {�
Temp Check Number 80 .
� 80 Tam Feine iS-4330-490-60 rpr exp reirnb C04.@0 , �
� 80 204.00 �
7ota2s "temp Check it4umber 80
� Temp Ghecic Number 8�. ( }
81 Prineipal Mutual 01-2074 sept prem 191.10
� 81 Principa2 S+tutuai @2-4132-020-2tD sept prem �J4.9? �
Bi.Principa} Mutual �i-4#3�-05tD-50 sept prem 2�.30
81 Principal Mutual 15-413^c-060-60 sept prern 2i.30
� 3z4 ' 328.b7 4
Tosal� Ternp Check Number 81 '
� Temp Check Number 82 `�
� 82 Professianal Turf b Renavatian @1-433Q�-2i5-'70 fert 2,556.@0 �
82 2� 556. 00
� Totais Ternp Check Nurnber 82 �
Temp Check Number 83
��� 83 Publie Ernpl Ret Rsstt 01-2074 sept prem bQ,@0� ' �"�
83 Public Emp2 Ret Assn @1-4131--110-10 sept prern 9.0�
;) 83 Public Empl Ret Assn @1-4131-020-20 sept prem 12.00 �.�
249 81. Qr�i .
�^; Totals Temp Check Nurnber 83 �" ;
Temp Check Iilumber 84 : -" -- ..- .... _ � __ _ - -- - - - -- .-.�.--.. _ .— .- . - v
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�� b4 Road Rescue 01-4330-440-80 , parts 41.32 �'�
84 Ftoad Reseue 01-4330-440-�0 parts 24.50
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Tntals Temp Check Number 84
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Temp Check Number 85
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2 Sep 19' Claims Li.st
Fri �.�5 ��i City af hieMdQta Heaghts
r"j,
Temp Check Number 8.�i
--�� Temp.
Check •
Nutnber Vendor Narne Accaunt Cade
85 Hrad Ragan Inc 01-433@-490-7@
85 Hrad Ragan Inc 02-4330-490-70
(�i ---
170
Tatals Temp Check Number 85
Temp Cheak Nurnber 86
: 86 Rauchwarter Inc t�9-4460-000-Q�0
86 Rauchwarter Inc 10-449Qt-0Q0-00
86 Rauchwarter Inc 09-4460-@00-P�0
86 Rauchwarter Inc 04-446@-0�0-tb0
344
,. Totais i'emp Gheck Numtaer S6
7emp Check Number 87
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� 87 RuFf Cut 01-4490-m40-40
87 Ruff Cut 01-449@-040-40
") 87 Ruff Cut 03-4490-Q40-�+0
�61 �
�,� 7atals Temp Check Number 87
.1
Ternp Check Number 86
... 88 Stt�de in a Day t�9-449Q-@00-00
88 Shade i.n a A�y 10-4490-000-00
176
Total� Ternp Check Number 88
�
Temp Cheek Number 8�
89 Sernple Bldg Mover� 0'��4460-000-00
89 Sempie Bldg Mavers f@-4490-00@-@0
178
1"otals Ternp Check Number 89
Ternp Cheak Number 90
. " "90 Sfiemrock CTeaeris ' - "�`�"~"� 01-44f0-@20-2�+
90 .
Totais Temp Checic Number 90
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�� Temp Check Number 91
Cammenta
rpY^s
rprs
re $120 I .
re fh park
re $920 E
re pw g�rage
weed cut
weed cut
weed cut
tree svc
tree svc
move wrng hse
move wrng i�se
� _... _ — - �urt cing ..._. �. ,. -_ ._..
Gage 14
AFROUYit �
78.96
3@. 38
, 109. 34
2Q10. Q!0
400. 00
455. @0
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�, 91 Seven Corners Ace Hdwe @1--43@5-070-70 ' splys 15.95 �
91 • 15. 9�
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2 Sep 195 Claims List Page 15
Fri 2:25 r�*� City af MeMd�ta Neights .
� t~
� Temp Check Number 91 ____ �
j _.. _ - Temp, t, .
�� Check
tVurnber Ver,dor Name Rccount Cade Camments Amount _
. , �..�
Totals Temp Check Nurnber 91
�; Temp Check Namber 9C - • �} -
i
92 L E Shaughr�easy Jr 01-4�20-13�-10 aug svc � 3,135.9ki •
. 92 i. E Shaughnessy 3r 05-4220-132-IS aug svc 3f3. i0 ,C'}
92 L E Sh�ughnessy ,Ir 1�-4220-132-60 �ug svc 494.1Q�
92 L E Shaughnessy Jr 21-4220-132-00 aug svc 371.8@
.. ; 92 L E Sh�ughr,�ssy Jr @3-4��@-132-0i� aug svc . 410. 95 ,�'y
92 L E Shaughnessy Jr c9-4220-132-00 aug svc , 166.35
""} 552 4i 89�c. �4 �
� 7atals Temp Check iVumber 92
'� Temp Gheek Number 9s . �'j
93 5hieley Co @9-4490--00@-00 re fh park cl 5 118.50
:'�. 93 Shieley Ga 20-4490-0Qi0-00 . re fh p�rk cl � fi8.5i {�
186 • 237. @ i
� Tatais Temp Check Number 93 ' i (�
Temp Check Number 94
;;a Q
� 94 8autham Pusiness Comm �f-44E3-050-50 , bid ad sea2 coat 154.10 ,
94 Sautham Business Camrn 22-4240-712-00 bid ad tfc sig 158.70 '
.l ___ __----- Q
188 312. 80
Totals Ternp Check Num4er 94
) �..�
� Temp Check Number 95
� 95 Southview Chev 01-4330-440-20 parts 224k 23.67 Q
95 Southvzew Chev 0f-433@-49Q�-50 parts 302 5.16
" y 190 28. 83 ('�
Tatels Temp Gheck Numbe�^ 95
;:? Temp Check Number 96 f,,,:t
96 State Mutua2 Ins Qti-2074 � sept prem 143.11 •
� � -- , �_---- t;.. �
... 96 � _. . _ --__.� _, - -- --- - - --- ._ -.-- 143. 11 _____. --- - - -
�-.�'�`Toials Temp Cfieck Number�`.` • '3b-- - -�- �----- • �
' �f'
Temp Check IVumtaer 97
��p 97 State Chemic�l Sply 01-k305-050-50 , splys 123.29 - a.
97 State Chemical Sply 01-4305-070-70 splys 183.2'9
97 St�te Chemical Sply 35-4305-0b@-6Qt splys 1z3.29
`t --- ' ------ . � .
... ^c91 369.8'i
Tatals iesnp Check Nurnber 97
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! • ,
2 Sep 1994 Claims Liat Page 16
Fri 2.25 �'M City of �iendoia Heights •
� � ,'•
Temp Check Nurnber 97 --
'� Temp. � C�`
Check •
Alumber Vendar Narne Rcco��nt Cr�de Comments Amount _
.� • �,�
iemp Check Number 98 � - �--
� 98 T I E Camm�mications Q�1-4330-44@-20 rps x 46 , 95.00 a
- ; gg 95. 0P1 �"�
�� Tatals Ternp Check Number 98
-� Temp Check t�iurnber 99 ' (;.i
99 Traphy House @1--4435-200-?@ trophies 361.57.
� __ -^---- - ('1
gg 361. 57
Tatals Temp Check Number 99 •
� ' �
Temp Check.Number 100 .
"'� •200 Tut^f Supply Ca 01-43@5-07tD-?Qt splys 26@.7i �}
100• �60. 71
� TOt3I5 'Temp Check Number 100 � Q
Temp Check Nurnber 101 '
� �
101 Turf Praducts 01-4330-k90-'70 splys 93.06 � .
� �q�� 93. @6 {�
iatals 'iemp Check iVumber lIDi
") Temp Check Number ,102 {�
102 Tracy Tripp Fuels 01-121@ nl gas 3,f'76•00
� 10� 3, 676. 00 �
Tatals"Temp Check Number 102 `y
4� . �„!
Temp Gheck Nurnber • ItII3 . .
:! 103 Tri State Robcat @1-k2@0-61@-50 sweeper rental 562.50 ��
103 562.50 '
; Tatals Temp Check Number 103 �;�,
_ _ Temp`Checii`"Num6er - -104` __ __ ` " ._..__.._ " _. .. _ — _. .-.-...----..---� -- -_ --.. -- ._._ _ .
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i@4 U 5 West Cammi�nications @i-4P10-210-10 aug svc 345.46
104 U S Y3est Communications 01-42i0-020-20 aug svc 489.27
� 104 U 8 West Cornmunications 01-4210-040-40 aug �vc �8.68 �
1@k U S West Communicatians fl5-422@-itd5-18 .aug svc iT5.09
f04 U 8 West Carnmunicatians i5-421@-0b0-60 aug svc 352.15
. �.
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'� 2 Sep 199� Clairns List Page 17 {'
Fri �.�5 P� City af Mendata Heights _ �
,�� {....
Temp Check Number 104 _ — —
•'7 Ternp. � � `s
Check '
IVumber Vendor Narne Accaunt Code Carnmerfts Amount .
• i 104 U S West Communica�ions 01""�f�lU.�"`�DJO"w�AO aug svc 40.96 � �
f04 U 5 West Gotnmunication� Q�i-421�-@7fD-70 aug svc 149.62 —
� 104 U 8 Weat Carnrnunicatiar�a' ' 01-42iQ�-030-30 aug svc 135.73 �j
g32 • Iz?46.38
Tota2a Temp Check NumBer iO4 �
Temp Check Number 105
�� 105 U 5 L Capit�l ¢�5-k20Q�-610-15 re rnail eq , 53.2� �
..) 2@5 • 53. �5 (�
, Totals Temp Check NumUer 1@5
�"} Temp Check Numher� 106 • (�
106 United Electric Co 01-433PJ-460-30 splys '4.90
.`� 106 74.90 �
Tatals ?emp Check Nurnber 106
�, Temp Check riiumb�r 107 ` �
� 107 United Way St Paul ¢+1-2070 sept cor,tr 12b.75 (�
107 126. 7S
� Tatals Temp Check Number 107 Q
-) ----- _______--- (�
� i2�r33 295, $33. Qi6
Grand Tot�l .
� MANtJAI. CHECKS . �
:) 14854 264.00 Nobbit Travel trng Stein 14892 150:00 MDIAI regr . ��}
14855 106.90 Fred Hirsekarn utility adj 1�4893 � 330.68 Speed F.rint e2ect#pn 5g1ys
14857 402.50 A to Z Rental park celeb . 14894 45.OU MSSA • regr'
'� 14858 3,104.55 5tate Capitol C U 8/n9 payrol1 14895 506.73 U'S Post Ofc newsietter postdge f;')
' 24859 13.$4 PHRA . . . . . . . . .
24860 9,06$.95 " ' " '
> 14861 750.82 YCMA " 89,601.46 � r?
' 14$62 455.00 Minn State Retirement ° ._. _ _...._ .�_ _ �.. � _ __ - . � . _._ _ >-- _, - --
`—""'�"` 14863 _ ."'-`788:00 `Minn Mututat:�' , � �' „ �-- _ _ ____. �
; 14864 256.80 Dakota Caiunty " (;_;
' 14865 555.Q0 Dakata Caunty Banlc " 6,T. $ 385,434,52 .. •`
14866 16,4�0.17 " " , '�
14867 3,797,b2 Camm Revenue " � - � Q
� 1A$68 48,793,21 Pappol7 alc " �
14$69- •
; 890 1,241.69 Ins adjustment " � . (,'�
1`�41 �,540,00 U S Post Office refill meter
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— �`.G �v��: ,p.r3:. -s %'i;`�`,,, �'.F::�iz.�� �.r_..w�...,,."43.•:..a..,c$i.4..-. , . . .. . .
�
. Y1t ! 111 il! f = :1 :
Mayor, City Council and City Administrator
FROM: � Shawn Sandexs, Civi1 Engineer s�'
September �2, 1994
� SUBTECT: � 1994 Stareet C}verlay Project
Job No. 94ll ,
� � . ,
� DISCUSSYON:
I
Three bids were s�bmitted for the 1994 Stieet Overlay Proje�t on Thursda.y,
t •ee
i l, 1994. The follawing bids were received with the Iow bidder being Bituminons R�
�nc. of Minneapolis. The Engineer's Estimate for this project was $56,000.
i � .
; ��
i
' 8ituminau
� Minneago]
P'ine Bend
Sauth St. �
Raadways, Inc.
�, MN
0
$51,
$57,750.
t Ace Blackiopping, Iuc. $60,369.5
' Inver Grove Heights, MN '
, Streets to be overlayed for this paroject include Warrior Drive, South Plaza l
the North Highway 110 Frontage Raad fram 33elaware Avenue ta South Lane. Wo�
; campleted by September 30, 1994.
i
The funding of this project will be fram the State Aid Maintenance fund.
RECOMII�'.,NDATION:
i I recammend that Council award the cantra.et for this pmject to the low
; Bituminous Roadways, Inc. for their bid amaunt of $51,'790.
ACTION REQUIRED:
� ,
� If Council. concurs with my recommendatian they shoald pass a motion
' canirdct to Bituminous Raadways, inc. for their Iow bid af $51,790.
I �
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September
ive, and
is ta be
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0
CITY OF MENDOTA HEIGHTS
September 1, 1994
TO: Mayor, City Council and City Administrator
FROM: James E. Danie
Public Works D
SUBJECT: Assessment Roll H gs
DISCUSSION•
' Public hearings need to be conducted this evening for five different
the following projects:
1. � City improvements installed by Mn/DOT ia conjunction with the
Interchange Project (Improvement No. 84 2C).
rolls for
2. Watermain installed by the City to provide water to the St. Peter's Church and
the City of Mendota water distribution system.. (Improvement No. 84-2A)
3. Ivy Keep North Public Improvements (Improvement No. 92-1).
4. London/Downi.ng Area Street Reconstruction (Improvement No. 92-3).
5. Utilities to serve Associated Bureaus and Mendota Heights Business Park 4th
Addition (Improvement No. 92-4).
Guy Kullander prepared the rolls and his memo explaining the details of the roll
preparation were handed out at a previous meeting. Copies of Guy's memo's are also
attached. �
For the public hearings, I will be prepared to give a short presentation on all'the rolls
and answer questions. �
Issues that have been raised since mailing out the notices are as follows:
1. Cemeteries can not be assessed without their permission ( applicable State
Statutes attached.) Assessments were uutially assigned to Acacia for their
Superi.ntendent's residence and their main office area to allow Acacia ito pay for
the right to haokup and use these facilities now. Mr. Carl Cummings�, 5r.,
�.
;
Acacia Cemetery Board Chainman contacted me and informed me that the
Cemetery had no irnmediate need for these services and did not desire to be
assessed for them.
Resurrection Cemetery has a large lot located just north of Rogers Road that
they intend to release for development someday. That lot is served with
watermain as a result of this project. Resurrection also daes not desire to be
assessed for the watermain at tliis time.
I have removed these assessments from the rolls. TIF will pick up these
assessment costs for now and at such time that the Cemeteries use these
facilities, connection chazges will need to be paid.
2. Mary Hartz lives in a single family home located at 2200 Pilot Knob Road.
Ms. Hartz is a senior citizen living on a fixed income and requests a deferment
(see attached letter).
3. Mr. Mike Weiner, 1027 London Road, is being assessed as part of the
London/Downing Street Reconstruction Project. September 6, 1994 is a 7ewish
High Holy Day. Mr. Weiner and some of his neighbors are Jewish, he
requested that the hearings be continued to the September 20th meeting so that
they could attend. Unfortunately, all the assessments rolls need to be adopted
tonight in order to allow for the required 30 day period for property owners to
prepay assessments before they are filed at Dakota County on the October 7th
deadli.ne. I informed Mr. Weiner that he would need to submit any comments
that he might have in writing (see attached letter).
RECOMMENDATION:
I recommend that all assessment rolls be adopted as prepared and that Ms. Mary Hartz,
2200 Pilot Knob Road, be granted a deferment as she requested.
ACTION
Conduct the required public hearings to consider assessments for the following projects:
1. City improvements installed by Mn/DOT in conjunction with the Mendota
Interchange Project (Improvement No. 84-2C).
2. Watermain installed by the City to provide water to the St. Peter's Church and
the City of Mendota water distribution system (Improvement No. 84-2A).
3. Ivy Keep North Public Improvements (Improvement No. 92-1).
4. London/Downing Area Street Reconstruction (Improvement No. 92-3).
Z
5. Utilities to serve Associated Bureaus and the remaining MAC lots (Improvement
No. 92-4).
If Council desires to implement the recommendation they shoulct pass a motion
adopting the following resolutions: �
Resolution No. 94- , RESOLIJTION ADOPTING AND CONFIRMMIlVG
A5SESSMENT5 FOR SEWER, WATER STORM SEWER, A1�TD STREET �
IlVIPRO`'E'1V�NTS TO SERVE ST. PETER' S CHURCH ,�ND PIIAT KNOB `ROAD
AND WATERMAINS TO SERVE THE SUUTHEAST FRONTAGE ROAD
(IlVIPROVEMENT NO. 84, PROJECT NO. 2C)
Resolution No. 94- , RESOLI7TION ADOPTING AND COriFIItA�IING
ASSESSMENTS FOR SEWER, WATER, STORM SEWER, STREETS AND CURB
AND GUTTER IlVIPROVF.'NIENTS TO SERVE IVY KEEP NORTH ADDITION
(IlVIPRO`�VVIENT NO. 92, PROJECT NO. 1) �
Resolution No. 94- , RESOLIJTION ADOPTING AND CONFIItM
ASSESSMII�ITS FOR RECONSTRUCTION/REHABILITATION STREET
IlVIPROVEMENTS TO SERVE LONDON ROAD/DOWNING STREET AND
SURROUNDING AREAS (IlVIPROVEMEI�IT NO. 92, PROJECT NO. 3)
Resolution No. 94- , RESOLUTION ADOPTING AND COrfFiRMING
ASSESSMENTS FOR WATE�RMAIN IlVIPROVIIVIENTS TO SERVE PIIAT KNOB
ROAD AND ADJACENT AREAS (IlV�ROVEMENT NO. 84, PROJECT NO. '2A)
�
Resolution No. 94- , RESOLUTION ADOPTING AND COrfFIRMIlVG
ASSESSMENr5 FOR SEWER, WATER, STORM SEWER, STREETS AND CURB
AND GUTTER IlVIPROVEIV�NTS TO SERVE MENDOTA HEIGHTS BUSIIVESS_
PARg 4TH ADDITION (IlVIPROVEMENT NO. 92, PROJECT NO. 4)
Resolution No. 94- , RESOLUTION DEFERRING PAYMENT OF A
PORTION OF ASSESSMENTS (Il�ZPROVIIVIENT NO. 84-2C) �
�
T2b3 PUBLIC CEMETERTFS 306.25
ers shall exercise the gowers of associates provided by law and the articfes of incorpora-
tian of the assaciation, and fili any vacancy in the board of directors ar trustees of the
association;
History:1959 c 7s 1-S; 19T6 c 18X s 2; X984 c 543 s X4; 1986 c 444; 1988 c 469 art
ssz , .
30612 ACTiON FOR DAM.A.GFS.
Every such cemetery association may recover, in its own name, all damages result-
ing fram injuiy to or destauction of aay stone, manument, bui2ding, fence, raiiing, or
other work for protection or ornament, or any tree, shrub, or plant within the limits
af the cemeter�.
History: (7566) RL s 2944; 1988 c 469 art S s 1
306.13 EMPLt}YEES TO HA,VE P4LICE P{}WERS.
, The tiustees or off'icers of a cemetery associa.tian may appaint superintendents,
securitl' 5��, &'�eners, an@ agents as tiiey may determiae. Upon taking and sub-
scribing an aath similar to that required from constables, an appaintee has all the rights
and pawers of a police afficer wiWin and adjacent to the ceme#ery graunds.
History; (756�j RI, s 2945; 1986 c 44d; 1988 c 469 art S s 1
306.24 TAXFS; BUADS; SPECIAL ASS�SSMENTS. �
Subdivision 1. Tax exemptioa The lands and property ofany such cemetery associ-
ation are exemgt from all publie taaces and assessments, and shall nat be sold an execu-
tion against the association ar any Iot owner. The owners af cemetery lots, their heirs
qr legal representatives, may hald the lots exempt from ta�cation so long as the lots are
used for a cemetery. Na road or street shall be laid through the cemetery, or any gart
of the lands of the association without the aansent of the trustees.
Subd. 2. Special s�ssessmenfs. Subdivision 1 does noi exempt cemetery progerty
owned or Ieased by a caxporation, assaciation, parinersiuip, proprietorship, or ather
organization from any special assessment unless the corporation, association, partner-
shig, progrietarship ar ather or�,=�anization:
(1) was formed for a purpase not involving pecuniary gain #a its shazehalders or
members; and
(2) pays no dividends or other pecuniary remuneratian directty or indirectly to its
shareholders or members as such.
Histary: (75b8} RL s 294G; 1 S%69 c 980 s 1; 1988 c 469 art S s 1
306.15 LOTS, C4NYEYANCE.
(a) When a lot in a cemetery, or an entombment or inumment space in a mausa
leum, has been sold or conveyed for burial purgoses, the lot, entombment, or inum-
ment space is then inalienabie, except as provided in this section.
(b) The original purchaser of the lat, entombment, or inumment space may sell
or convey any part of it to the cemetery that is not actuatly accupied by inierments or
by entombed or inurned human remains.
{c) A gerson who has inherited the lot, entambment, or inurnment space may seli
or convey any part af it ta the cemetery that is not actualiy occupied by interments or
by entombed or inurned human remaiuns.
{d} When, by the cansent of the awner, #he lot, entombment, ar inurnment space
will be solely used by some other person as a farnily burial place, the owner may convey
it to the person so using it.
(e) There must be filed with the cemetery a copy of an agreement af sale signed
and acknowledged by the awner (and spouse, if any) and the proposed purchaser, trans-
ferring titie to the cemetery and requesting that tite cemetery issue a new cauveyance
of the lot or space directly to the purchaser in consideration of the payment by the pur-
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August 30, 1994
Mr. James E. Danielson, P.E.
Public Works Director
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mr. Danielson:
Pursuant to my phone conversation with you on the morning of
August 30, 1994, I am setting forth my understanding of what
costs are included in the $2,336.28 assessment for the
reconstruction/rehabilitation project of London/Downing and
adjacent areas, Job No. 9217 Improvement No. 92, Project No. 3.
My understanding of what you told me was:
l. No costs are included for utility work, including the
ripping up of my yard and others for telephone, sewer,
gas, etc.
2. No costs will be assessed in the future if the grading
toward the cul-de-sac proves to be unsatisfactory
(water and snow melt will flow down into those lots
especially when snow banks left from snow removal
melt). The work is guaranteed and any regrading will
be done without any new assessments.
3. As of the writing of this letter the road surface does
'not fit flush with the curbing and sewer tops are
exposed. The assessment of $2,336.28 includes the
surfacing of the roads to correct these problems.
Should my understanding of what we discussed prove to be
incorrect, I hereby notify you of my intention to appeal the
proposed assessment.
Thank you for your efforts to continue the hearing to
September 20 due to the Jewish Holiday of Rosh Hashanah.
Sincerely,
s2%G/�L%(/ �
Michael L. Weiner
1027 London Road
Mendota Heights, MN 55118
�
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 94
RE50LUTION ADOPTING AND COrfFIItMING ASSESSMENTS
FOR SEWER, WATER, STORM SEWER, AND STREET
IlVIPRO`'TMENTS TO SERVE ST. PETER'S CHURCH AND PIIAT
BNOB ROAD AND WATE;RMAINS TO SERVE THE SOUTHEAST FRONTAGE
� ROAD (IlVIPROVEMIIVT NO. 84, PROJECT NO. 2C)
BE IT RESOLVED by the City Council of the City of Mendota Heights as follows:
WHEREAS, the City Clerk, with the assistance of the City Engineer, has calculated
the proper amount to be specially assessed for the costs incurred to date with respec't to .
Improvement No. 84, Project No. 2 construction of sewer, water, storm sewer, and street
improvements to serve the following described property situated in the City of Mendota
Heights, Dakota County, Minnesota, more particularly described as follows:
, Properties abutting Pilot Knob Road and Acacia Boulevard (CSAH 31) from Mendota
Heights Road north to Truck Highway 55, together with properties north of �Acacia.
Boulevard abutting CR 31A then north to St. Peter's Church and the City of Mendota.
and �
Those portions of Northwest Quarter (NW 1/4) and Southea.st Quarter (SE 1/4) of
Section 34, township 28 North, Range 23 West, adjacent to and east of Highway 55,
� north of Mendota Heights Road and south of Lakeview Avenue #
�
WHEREAS, the proposed assessment roll has been on file with the Clerk and at all
' times since its filing has been open for public inspection; and notice thereof has been duly
published and mailed as required by law. Said notice stated the date, time and place of such
meeti.ng; the general nature of the unprovement; the area proposed to he assessed; that the
proposed assessment roll has been on file with the Clerk; and that written or oral objections
thereto by any property owner would be considered; and
WHEREAS, said hearing was held at 8:00 o'clock P.M. or as soon as possible
thereafter, on T}uesday, September 6, 1994, at City Hall in the City of Mendota. Heights,
Minnesota; and
WHEREAS, the Mayor announced that the hearing was open for the consideration of
, objections, if any, to said proposed assessments; and �
, WHEREAS, all persons present were then given an opporlunity to present oral
objections, and all written objections theretofore filed with the Clerk were presented and
, considered. �
%
NOW THEREFORE, this Council, having heard and considered all objections so
presented, and being fully advised in the premises, and having made all necessary adjustments
and conections, finds that each of the lots, pieces and pazcels of land enumerated in the
proposed assessment roll was and is specially benefited by the construction of said
improvements in not less than the amount of the assessment, as conected, set opposite the
description of each such lot, piece and parcel of land, respectively, and that such amount so set
out is hereby levied against each of the respective lots, pieces and parcels of land therein des-
cribed; and "
BE IT F[JRTHER RESOLVED, that the proposed assessment roll as so corrected is
hereby adopted and confirmed as the proper special assessment for each of said lots, pieces and
parceLs of land respectively, and the assessment against each parcel, together with interest at
the rate of seven percent (7 %) per annum accruing on the full amount thereof from time to
time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof.
The total amount of each such assessment as to saaitary sewers, storm sewers, and watermains
shall be payable in equal amounts extending over a period of ni.neteen (19) years and each
assessment as to streets, curb and gutter shall be payable in equal amounts extending over a
period of ten (10) years; the first of said installments, together with interest on the entire
assessment commencing thirty (30) days from the date hereof to December 31, 1994, to be
payable with general ta�ces for the year 1994, collectible in 1995 (now designated as real estate
taxes payable in 1995), and one of each of the remaining installments, together with one year's
interest on that and all other unpaid installments, to be payable with general taxes for each
consecutive year thereafter until the entire assessment is paid; and
BE IT �'URTHER RESOLVED, that prior to October 6, 1994, the owner of any lot,
piece or parcel of land assessed hereby may at aay tune pay the whole of such assessment,
without interest to the City Treasurer; and
BE IT FiJRTHER RFSOLVED, that the Clerk shall prepare and transmit to the
County Auditor a certified duplicate of said assessment roll with each then unpaid installment
and interest set forth separately, to be extended upon the proper tax lists of the County, and
the County Auditor shall thereafter collect said assessments in the manner provided by law.
Adopted by the City Council of the City of Mendota Heights this 6th da.y of September 1994.
ATTEST:
Kathleen M. Swanson, City Clerk
C]
.
CITY COUNCIL
CITY OF MENDOTA HIIGHTS
:
Charles E. Mertensotto, Mayor
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 94-
RE50LUTION ADOPTING AND CONFIRIVIING
FOR SEWF•R, WATER, STORM SEWER, STREETS ,
AND CURB AND GUTTER IlVIPROVEMENTS TO SERVE IVY I�
NORTH ADDITION (IlVIPROVIIV�N'r NO. 92, PROJECT NO.
BE IT ItFSOLVED by the City Council of the City of Mendota Heights as
WHEREAS, the City Clerk, with the assistance of the City Engineer, has calculated
the proper amount to be specially assessed for the costs incuned to date with respect to
Improvement No. 92, Project No. 1 construction of sewer, water, storm sewer, streets, curb
,
and gutter, and trail improvements to serve the following described property situated in the
City of Mendota Heights, Dakota County, Minnesota, more particularly described as follows:
Ivy Keep North Addition
W�REAS, the proposed assessment roll has been on file with the Clerk and at all
times since its iiling has heen open for public inspection; and notice thereof has been duly
published and mailed as required by la.w. Said notice stated the date, time and place of such
meeting; the general nature of the improvement; the area proposed to he assessed; that the
proposed assessment roll has been on file with the Clerk; and that written or orai objections
thereto by any properiy owner would be considered; and �
WHEREAS, said heari.ng was held at 8:00 o'clock P.M. or as soon as possible
thereafter, on 7�esday, September 6, 1994, at City Hall in the City of Mendota Heights,
Minnesota; and
WHEREAS, the Mayor announced that the hearing was open for the consideration of
objections, if any, to said proposed assessments; and
WHEREAS, all persons present were then given an opportunity to present oral
objections, and all written objections theretofore filed with the Clerk were presented and
considered.
NOW THEREFORE, this Council, having heard and considered all objections so
presented, and being fully advised in the premises, and having made all necessary adjustments
� and corrections, finds that each of the lots, pieces and parcels of land enumerated iri the
, proposed assessment roll was and is specially benefited by the construction of said �
� improvements in not less than the amount of the assessment, as corrected, set opposite the
� description of each such lot, piece and parcel of land, respectively, and that such amount so set
out is hereby levied against each of the respective lots, pieces and parcels of land tlierein des-
i
�
� �
!
,
I
cribed; and
BE IT FiJRTHER RESOLVED, that the proposed assessment roll as so conected is
hereby adopted and confirmed as the proper special assessment for each of said�lots, pieces and
parcels of land respectively, and the assessment against each parcel, together with interest at
the rate of seven gercent (7°!0) per annum accruing on the full amount thereof from time to
time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof.
The total amount of each such assessment as % sanitary sewers, storm sewers, and watermains
shall be payable in equal amounts extending over a period of nineteen (19) years and each
assessment as to streets, curb and gutter shall be payable in equal amounts extending over a
period of ten (10) years; the first of said installments, together with interest on the entire
assessment commencing 'thirty (30) days from the date hereof to December 31, 1994, to be
payable with general taxes for the year 1994, collectible in 1995 (now designated as real estate
taxes payable in 1995), and one of each of the remaining installments, together with one year's
interest on that and all other unpaid installments, to be payable with general taxes for each
consecutive year thereafter until the entire assessment is paid; and
BE IT F[JRTHER 1tFSOLVED, that prior to October 6, 1994, the owner of any lot,
piece or parcel of land assessed hereby may at any time pay the whole of such assessment,
without interest to the City Treasurer; and
BE IT FLTRTHIIt RESOLVID, that the Clerk shall prepare and transmit to the County
Auditor a certified duplicate of said assessment roll with each then unpaid installment and interest
set forth sepatately, to be extended upon the proper tax lists of the County, and the County Audi-
tor shall thereafter collect said assessments in the manner provided by law.
Adopted by the City Council of the City of Mendota Heights this 6th day of September 1994.
ATTEST:
Kathleen M. Swanson, City Clerk
/O
CITY COUNCII.
CITY OF MENDOTA HEIGHTS
:
Charles E. Mertensotto, Mayor
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 94-
RESOLUTION ADOPTING AND CONFIRA�IING
,
FOR RECONSTRUCTION/REHABILITATION STREET IlVIPROVIIVIENTS TO
SERVE LONDON ROAD/DOWNING STREET AND SURROUNDING AREAS
(IlVIPROVIIV�NT NO. 92, PROJECT NO. 3)
BE IT RESOLVED by the City Council of the City of Mendota Heights as follows
WHEREAS, the City Clerk, with the assistance of the City Engineer, has calculated
the proper amount to be specially assessed for the costs incurred to date with respect to
Improvement No. 92, Project No. 3, reconstruction/rehabilitation street unprovements to serve
the following described property situated in the City of Mendota Heights, Dakota. County,
Minnesota, more particularly described as follows: �
Those parcels abutting London Road, Downi.ng Street, Brompton Place, VV' i ston Court
and Winston Circle.
WHEREAS, the proposed assessment roll has been on file with the Clerk and at all
times since its filing has been open for public inspection; and notice thereof has been duly
published and mailed as required by law. Said notice stated the date, time and place of such
meeting; the general nature of the improvement; the area proposed to be assessed; that the
proposed assessment roll has been on file with the Clerk; and that written or oral objections
thereto by any property owner would be considered; and �
WHEREAS, said heari.ng was held at 8:00 o'clock P.M. or as soon as possible
thereafter, on 'hiesda.y, September 6, 1994, at City Hall in the City of Mendota Heights,
Minnesota; and
WHEREAS, the Mayor announced that the heari.ng was open for the consideration of
objections, if any, to said progosed assessments; and
WHEREAS, all persons present were then given an opportunity to present oral
objections, and all written objections theretofore filed with the Clerk were presented�and
considered. �
NOW THEREFORE, this Council, having heard and considered all objections so
presented, and being fully advised in the premises, and having made all necessary adjustments
and conections, finds that each of the lots, pieces and parcels of land enumerated in the
proposed assessment roll was and is specially benefited by the construuction of said
improvements in not less than the amount of the assessment, as conected, set opposite the
description of each such lot, piece and parcel of land, respectively, and that such amount so set
/�
out is hereby levied against each of the respective lots, pieces and parcels of land therein des-
cribed; and
BE IT FURTHER RESOLVED, that the proposed assessment roll as so corrected is
hereby adopted and confirmed as the proper special assessment for each of said lots, pieces and
parcels of land respectively, and the assessment against each parcel, together with interest at
the rate of seven percent (7 °lo ) per annum accruing on the full amount thereof from time to
time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof.
The total amount of each such assessment as to streets reconstruction/rehabilitation shall be
payable in equal amounts extending over a period of twenty (20) years; the first of said
installments, together with interest on the entire assessment commencing thirty (30) days from
the date hereof to December 31, 1994, to be payable with general taxes for the year 1994,
collectible in 1995 (now designated as real estate taxes payable in 1995), and one of each of
the remaining installments, together with one year's interest on that and all other unpaid instal-
lments, to be payable with general taxes for each consecutive year thereafter until the entire
assessment is paid; and
BE IT FiJRTHER RESOLVED, that prior to October 6, 1994, the owner of any 1ot,
piece or parcel of land assessed hereby may at any time pay the whole of such assessment,
without interest to the City Treasurer; and
BE IT FiJRTSIIt RESOLVID, that the Clerk shall prepare and transmit to the County
Auditor a certified duplicate of said assessment roll with each then unpaid installment and interest
set forth separately, to be e�ctended upon the proper tax lists of the County, and the County Audi-
tor shall thereafter collect said assessments in the manner provided by law.
Adopted by the City Council of the City of Mendota Heights this 6th da.y of September 1994.
ATTEST:
Kathleen M. Swanson, City Clerk
��
CTTY COUNCIL
CITY OF MENDOTA HIIGHTS
:
Charles E. Mertensotto, Mayor
City of Mendata Heights
Dakata Caunty, Minnesota
RESOLUTION NO. 94
RESULUTION ADOPTiNG AND CQNFTRMIlVG ASSESSME,NTS
FOR WATERIVIAIN IlVIPROVII��NTS TO SERVE PIIAT KNOB RUAD
AND ADJACENT t1REAS {IMPRt�VEN�N'.0 NO. 84, PROJECT NO � 2A)
BE IT P��SOLVED b the Ci Council of the Ci of Mendota Heights a� fallows.
Y �Y , �Y
AS the 'Ci C1erk with the assistance of the Ci�7 En ' eer has calculated
��r���� � � � '�J � x
the proper amount to be specially assessed for the costs incurred to date with respect to
Improvement No. 84, Project No. 2A co�st�uction af watermain improvements to �serve the
following described property situated in the City af Mendota Heights, Dakota. County,
14�innesota, more particularly described as follows:
Lot l, I�uber's Subdivisian; Lais 1-8, St. Gearge Subdivision; Lot 2$, Auditors
Subdivision No. 291acated in Section 28, Township 28 Narth, Range 23 West, Dakota
Caunty,
WSE�REAS, the prapased assessment roll has i�een on file with the Clerk and at all
t%mes since its filing has been open fox public inspection; and notice thereof has been duly
published and mailed as required by Iaw. Said notice stated the date, time and place of such
meeting, the general nature of the unprovement; the �rea proposed to be assessed, that the
propased assessment mll has been on file with the Clerk; and that written or oral objectians
thereto by any pragerty owner would be eonsidered; and �
WI ++AS, said hearing was held at 8.{}Q o'clock P.M. or as soan as �
thereafter, on Tuesday, September 6, 1994, at City Hall in the City of Mendota
14Zinnesoia; and -
WI�I +< AS, the Mayor announced that the hearuig was open foar the considera�ion of
abjections, if anq, to said proposed assessments; and �
WI + AS, all persons present were then given an apportunity to present oral
objecfrons, and all written objectians theretofore frled with the Clerk were presentec3 and
considered.. (
NOW 1'I3ERE.FORE, this Council, having heard and considered all abjections so
presented, and being fially advised in the premises, and having made all necessary adjustments
' and corrections, finds that each of the lots, pieces and parcels of land enumerated iri the
praposed assessment mll was and is specially benefited by the canstruction of said �
improvements in not less than the aznount of the assessment, as corrected, set opposite the
description of each sach Iot, piece and parcel of land, respectively, and that such amount so set
��
aut is hereby Ievied against each of the respective lats, pieces and parcels of Iand therein des-
cribecl; and
BE IT FURTHER RESOLVEn, that the proposed assessment mll as so corrected is
hereby adopted and confirmed as ihe pmper special assessment for each of said lots, pieces and
parcels af land respectively, and the assessment agai.nst each parcel, tagether with interest at
the rate of seven percent (7 °b j per annum acczuing on the full amount thereof from time to
time unpaid, shall be a lien cancarrent with general ta.xes ugon such parcel and all thereaf.
The total aznount of each sach assessmeni as to watermains shall be payable in equal amounts
extending over a geriod of nineteen {l9} years; the fust of said inst�alments, together with
interest on the entire assessment commencing thirty (30) days from the date hereof ta
December 31, 1994, to tie payable with generai taxes for the year 1994, eollectible in 1995
(now designated as real estate ta7ces payable in 1995), and one of each of the remaining
installments, together wi#h one year's interest on that and all other unpaid inst�tllments, ta 6e
payable with general taxes for each consecutive year thereafter until. the entire assessment is
paid; and
BE IT F`LTRT�3CCR F:E54Li�'ED, that priar to Oetaber b, 1994, the owner of any lot,
piece ar paurcel af land assessed hereby may at any tune pay the whole of such assessment,
without interest to the City Treasurer; and
BE IT F`LTRT.�[ER �.ES4LVED, that the Clerk shall prepare and tiansmit to the
County Auditor a certified duplicate of said assessment �rall with each then unpaid installment
and interest set forth separately, to be extended upon the proper tax lists of the County, and
the Caunty Auditor shall thereafter collect said assessments in the manner provided by law.
Adopted. by the Gity Council of the City of Mendota Heights this 16th da,y of August 1994.
CITY COUNCIL
CITY OF MErTI)OTA HPxCHTS
By
Charles E. Mertensotto, Mayar
ATTPST:
Kathleen M. Swanson, City Clerk
City of Mendota Heights
Dakota County, Minnesota.
RESOLUTION NO. 94-
RESQLUTIflN ADOPTING AND CQNT][RMING ASSESSMLNTS
FOR SEWER, WATER, STQRM 5EWE.R, STRE�TS �
AND CURB AND +GIiTTFR. INII'][24VE'iVIENTS TQ SERVE MENDOTA HEIGHT:
BUSINESS PARK 4T8 ADDITION (IlV�ROV�IV.�NT NO. 92, PROJECT NO. 4)
BE Tr RFSOLVED by the City Council af the City af Mendota Heights a�:follows:
W�IERF..AS, the City Clerk, with the assistance of the City Engineer, has calculated
ihe proper amount to be specialiy assessed for the costs incurred to da#e with respect to
Tmpmvement No. 92, Project Na. 1 construction af sewer, water, storm sewer, streets, and
curb and gutter impmvements to serve ihe following described pmperiy situated in the City af
Mendata. Heights, Dakota County, Minnesota, more particularly described as follows:
Mendota Heights Business Park 4th Adclition
WSEREA►S, the proposed assessment roll has been an file with the Clerk and at all
times since its fiiing has been open for public inspeciion; and natice thereaf has been duly
published and mailed as required by law. Said natice stated the date, time and place of such
meeting; the general nature of the improvement; the area pmposed to be assessed; t11at the
proposed assessment rall has been on file with the Clerk; and that written or aral objectians
thereto by any property owner would be considered; and �
WI3EREAS, said hearing was held at 8:00 o'clock P.M. ar as soan as possible
ther�vafter, on Tuesday, September 6, 1994, at City Hall in the City of Mendota Heights,
Minnesota; and
WBTREAS, the Mayor announced that the hea�:ing was open for the consideratian of
objections, if any, to said pxogosed assessments; and
Wl3]+ AS, all pexso�s present were then given an opportunity to present oral
,
abjections, and all written abjections theretafare f�1ed with the Clerk were presentecl and
considered. �
NOW Z�EREFORE, this Cauncil, having heard and cansidered all abjections sa
presented, and being fully advised. in the premises, and having made all necessary adjustments
and corrections, fmds that each af the lots, pieces and pa�rcels of Iand enumerated in�the
proposed assessment roll was and is sgecially benefited by the construction of said �
unprovements in not less than the amonnt of the assessment, as conected, set apposite the
description of each such 1ot, piece and parcel of land, respectively, and that such amount so set
aut is hereby Ievied against each of the respective lots, pieces and parcels of land therein des-
�
I ��
cribed; and
BE IT FURTHER RESOLVED, that the proposed assessment roll as so corrected is
hereby adopted and confirmed as the proper special assessment for each•of said�lots, pieces and
parcels of land respectively, and the assessment against each parcel, together with interest at
the rate of seven percent (7°l0) per annum accruing on the full amount thereof from time to
time unpaid, shall be a lien concurrent with general taxes upon such parcel and all thereof.
The total amount of each such assessment as fo sanitary sewers, storm sewers, and watermains
shall be payable in equal amounts extending over a period of nineteen (19) years and each
assessment as to streets, curb and gutter shall be payable in equal amounts e�ctendi.ng over a
period of ten (10) years; the first of said installments, together with interest on the entire
assessment commencing thirty (30) da.ys from the date hereof to December 31, 1994, to be
payable with general taxes for the year 1994, collectible in 1995 (now designated as real estate
taxes payable in 1995), and one of each of the remaining installments, together with one year's
interest on that and all other unpaid installments, to be payable with general taxes for each
consecutive year thereafter until the entire assessment is paid; and '
BE IT FiTRTHER RESOLVED, that prior to October 6, 1994, the owner of aay lot,
piece or parcel of land assessed hereby may at any time pay the whole of such assessment,
without interest to the City Treasurer; and
BE IT FIJRTHER RESOLVFD, that the Clerk shall prepare and transmit to the
County Auditor a certif'ied duplicate of said assessment roll with each then unpaid installment
and interest set forth separately, to be extended upon the proper ta.x lists of the County, and
the County Auditor shall thereafter collect said assessments in the manner provided by law.
Adopted by the City Council of the City of Mendota fIeights this 16th day of August 1994.
ATIBST:
Kathleen M. Swanson, City Clerk
l 4�
CITY COUNCIL
CITY OF MENDOTA HIIGHTS
:
Charles E. Mertensotto, Mayor
City of Mendota Heights
Dakota County, Minnesota
RESOLUTION NO. 93-
RESOLUTION DEFERRING PAYMENT OF
A PORTION OF ASSESSMENTS
(IlVIPROVEM]ENT NO. 84, PROJECT NO. 2C)
WHEREAS, the City Clerk, with the assistance of the City Engineer, has
the proper amount to be specially assessed for Improvement No. 84, Project No.
construction of sewer, water, street, storm sewer, curb and gutter and trail impro�
; and
WHEREAS, the hearing on said assessments was duly held at 8:00 P.M, o'clock P.M.
on September 6, 1994, at the City Hall of the City of Mendota Heights, Minnesota; �and
WHEREAS, the proposed assessment roll for said improvements was dul �do ted b
Y P Y
the City Council on September 6, 1994; and �
WHEREAS, the City Council has determined that it would be in the best interest of
the City of Mendota Heights to defer the payment of a portion of the assessments with respect
to the above referenced improvements in the following amounts aad as to the following parcels
situated in Dakota County, Minnesota, to-wit:
Tax Parcel Owners Deferred
27-57000-011-02 Mary H. Hartz $9,590.00
VV]�RFAS, that portion of each of the above assessments indicated above as being
deferred would be deferred with the understanding that said amount, plus interest accrued from
October, 1994 at the rate of seven percent (7°b) per annum, would become immediately
payable upon the sale or future development of the parcel to which said deferred assessment
relates. �
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City
of Mendota. Heights, as follows: �
1. That the assessment roll for Improvement No. 84, Project No. 2C be
as set forth above.
2. That upon the future development of any of the above described parcels
necessitati.ng the issuance of a buildi.ng permit from the City of Mendota
Heights, the deferred amount of said assessment against to the properiy to be
developed, as more particularly set forth above, will be immediately due and
payable, together with interest at the rate of seven percent (7�) per annum from
October, 1994. �
��
3. That the City Clerk is hereby directed to file a certified copy of this resolution
in the office of the County Auditor and County Recorder of Dakota County,
Minnesota so that aay future purchaser or party interest relative to any of the
above described parcels will be on notice relative to the deferred �assessments
described above.
Adopted by the City Council of the City of Mendota Heights this 6th day of September, 1994.
ATTPST:
Kathleen M. Swanson, City Clerk
CITY COUNCII.
CITY OF MENDOTA HIIGHTS
I�
��
Charles E. Mertensotto, Mayor
� ��s � � a . �w�
August IS, 1994
TO; Mayor, City Council and City Administrator
FROM. Guy Kullander, Engineer Technician �
SUBJECT: Assessmeut Roll - Mendota. Interchange
Jab Na. 842Q-C
Improvement 8�, Praject C
DISCUSSI4N:
The purpose of this mema is for infarmatian only regarding the assessment roll far the
above mentianed project. The hearing for this pmject has .l7een previousiy sched�led for the
September 6, 1994 meeting.
Project Description:
Utilities and streets included with this project were installed by M7nDOT's cantractor
along with the interchange work.
The assessments are broken into four parts depending on the street or utility in thase
areas to be assessed. All assessment rates were fixed at a set amount egual to costs for siumilar
impravements in the area over the past several years.
T.I.F. funds will pay for pl.atted cemetery parcels, other unassessable frontages,
waterniain oversizing, and storm sewer costs on previausly assessed pmperties. T.I:F. will
also pay for the extension of watermain to the City of Mendota in exchange for perniission to
cannect the gravity sanitary sewer servxng the Ganon site and St. Peter's Church, to� the
Mendota System. �
Assessments Rates Established by Council:
Trunk Sanitary Sewer
Sani.tary Sewer
Trunk Watermain
Watermain
Storm Sewer
Streets
$ 0.033 per square foot
$22.00 per front foot
$ 0.015 per square foot
$28.00 per frant faat
$ 0.06 per square foot
$30.00 per frant
Exact fmal costs for all improvements will not be available until after construction of
the Mendota interchange by MnDOT.
A.
Total to be assessed for this project
Feasibility estimate of assessable parcels
Costs to be paid for out of T.I.F, funds
Total feasibility estimate of project cost
PII,OT KNOB ROAD
Mendota Heights Road north to New Highway 13
$392,859.00 •
$388,811.00
$752,705.00
$1,141,516.00
The properties in this stretch of Pilot Knob have previously been assessed for sanitary,
water, and storm sewer. The County is widening the roadway and passing 45 °b of the cost
onto Mendota Heights. Theses costs will be assessed to the parcels with frontage on Pilot
Knob Road.
Total to be assessed for this portion is
Feasibility estimate for this portion was
$78,960.00
$78,960.00
B. PIIAT KNOB ROAD & ACACIA BOULEVARD
North of New Highway 13 to Acacia, to Highway 55 Bridge
The properties assessed in this portion benefit from sanitary sewer, watermai.n, storm
sewer and streets. In this area the County is also reconstructing the roadways and passing 45 �
of those costs on to the City. In addition MnDOT is charging the City for the oversizing of
storm sewers and storm pond construction.
Total to be assessed for this portion is
Feasibility estimate for assessed parcels is
Feasibility estunate for T.I.F. areas
Feasibility estimate of project cost
$176,136.00
$174,556.00
$626,0(}0.00
$800,556.00
C. HIGHWAY 13 GARRON PROPERTY TO ST. PETERS CHURCH & MENDOTA
The gravity sewer from the Ganon Property to the Mendota system also serves the St.
Peter's Church property. The Ganon property receives only a Trunk Sewer assessment. The
Church property receives trunk sanitary and watermain assessments, sanitary sewer,
�d
watermain, and sanitary and water service charges.
Total to be assessed for this portion is
Feasibility estimate for the Ganon site was
Feasibility estimate for St. Peter's Church was
(Subtotalj
T.I.F, portion was estimated to be
Feasibility estim�te of project cost
D. HIGHWAY 55 FRONTAGE ROAD WATERMAIN
Furlong Addition to Mendota Heights Road
$106,467.76
$ 13,040.00
$ 91,000.00
($104,000.00)
$ 62,000.00
$166,000.00
Feasibility presented to Council in October 1992. Council determined tha.t the single
family lots would be assessed at the same rate as the Furlong Project at $2965.00 per
homestead. The Catholic Cemetery's parcel, zoned Bl-A would be assessed at the same rate
as watermain being installed on Pilot Knob Road. All other costs for oversizing and
unassessable frontage will be paid for by T.I.F. j
Total to be assessed for this portion is
Feasibility estirnate for assessed parcels was
T.I.F. funds needed for this portion was
Feasibility estimate of project cost
Project SummarX
31 295.00
$31,295.00
$64,705.00
$ 96,000.00
Although the construction of utility and street improvements are accomplished by
MnDOT's contractor City staff have been extensively involved in the design, coorduiatia
and inspection of the improvements that benefit Mendota Heights. �
� The total overhead costs for this $1,141,516.Q0 (estimate) project are $161,
(14.18 °lo). Tota1 project cost is estimated to be $1,203,361.00
ACTION REQUIRED:
None. For information on1y.
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ASSESSMENTS PERIOD
Sanitnry Sewer - 19 years
Watermain - 19 years
Storm Sewers - 19 years
Streeta - 10 years
IlVTERESf RATE - 7%
CITY OF MENDOTA HEIGHTS
ASSESSMENT PERIOD
MENDOTA INT'ERCHANGE
JOB NO. 8420C, Il4IP. 84-2C
ADOPTID:
ASSESSMENT RATES:
Trunk Sanitary Sawr - 50.033 per sq. R.
Snnitery Sewer -$22.00 per front ft. + aervice
Trunk Watermain -$0.015 per sq. ft.
Watermain -$28.00 per front ft. + service
Storm Sewer - 50.06 per sq. ft.
Streets - $30.00 per front ft.
PARCEL REPUTED OWNER AND ' SUBDIVISION LOT BLK TRUNK SAIVITARY TRUNK WATER STORM STREET TOTAL
NO. DESCRIPTION NO. NO. SEWER SEWER WATER MAIN SEWER
7-03300- Michael L. Kreitz Pt of SE 1/4 of NE 1/4lying SE of 50.00 $0.00 $0.00 $0.00 $0.00 $3,000.00 $3,000.00
12-03 2359 Pilot Knob Road STH #13 & N of RR Ex com 472 ft
Mendota Heights, MN 55120 N of Int E lina & RR W 150 ft N to
Hgwy NE on Hgwy to E line S to
beg
7-03300- Emilie Burow Pt of SE 1/4 of NE 1/4 com 472 ft $0.00 $0.00 $0.00 s0.00 s0.00 $1,500.00 $1,500.00
0-03 2351 Pilot Knob Road N of int of E line & RR W 150 ft N
St. Paul, MN 55120-1117 to Hgwy �Y13 N E on Hgwy to E
Lina S to Beg Ez Pt for Rd.
7-03300- 7 Bradner Smith Section 33 T�vn 28 Range 23 Pt of $0.00 �0.00 $0.00 $0.00 $0.00 $4,800.00 $4,800.00
10-04 575 Montcalm Place SE 1/4 of Nfi 1/4lying SE of TIi
St. Paut, MN 55116-1731 #13 & S of RR Ex parce146B on •
MNBOT R/W Plst 19-94
7-03300- Northwestern National Life Ine Co Section 33 Twn 28 Rango 23 N $0.00 50.00 $0.00 $0.00 �a0.00 $13,800.00 $13,800.00
11-78 % Washington Square Capital Inc 500 ft of E 349.04 ft of C�ovt Ir2 .
100 Weshington Sq Suite 800 Subj to Road
Minneapolis, MN 55401-2147
7-03300- Sheldon P. Russell Section 33 Twn 28 Range 23 N 430 fi 50.00 50.00 $0.00 $0.00 $0.00 $11,700.00 $11,700.00
70-78 1415 Mendota Heights Road of S 1750 Ft of E 660 ft of aovt Lrl
Mendota Heights, MN 55120-1002 & 2 ex S 40 ft
7-03300- Foto Mark, Inc. Section 33 'Irvn 28 Range 23 E 349.04 $0.00 $0.00 50.00 $0.00 $0.00 $11,310.00 $11,310.00
82-78 2411 Pilot I{nob Road ft of (3ovt Lr2 ax N 500 ft& ex S
Mendota Heights, MN 55120-1154 1750 ft subj to rd ex parce146C MN
R/W plat 19-93
7-03400- R L Johnson Inv Co Section 34 Twn 28 Range 23 W • 50.00 50.00 $0.00 s0.00 $0.00 $22,$00.00 $22,800.00
10 28 701 Decatur Ava N Ste 107 1002.03 ft of aov't lot 2 NE of RR
dolden Valley, MN 55427-4363 ex N 233 ft& ex E 67.27 ft of S
195.43 ft of N 428.43 ft
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PARCEL REPIITED OWNER ANU SUBDIYISIQN LOT BLK TRUNK SE�IVITARY TRUNK WATER STORM STREET TOTAL
NO. DESCRIPTION NO. NO. SEWER SEWEIi WATER MAIN SEVYER
7-034Q0- Northland Land Company Section 34'hvn 28 Range 23 $O.OU $Q.40 �O.QO �O.fk? �Q.OU $3:9Q0.00 $3:90Q.44
i i-50 3500 80th Street W. S 518.6 ft N$$4 ft o£ W 420 ft of NW
Minneapolis, MN 55431-1068 1/4 of Sw 1/4 ex pt plaaed
Southridgo Business Canter ax gar
46 F MN DOT RIW Plai 19-43
7-0400Q- Chur�h of St. Peter AudiWre Subdiviaion No. 29 $24,43?.16 $26,200.00 $i1,1Q7.84 $31,804.00 $4.44 $Q.40 S93,S44.46
0-{Yl Mendota, ivIId 55150 Pt of Lot 2 all N of S Iine of Alley in
Blk 1 o�R W of B St & S of RR. & Part of
RR right of way ex E 2SQ R
7-04000- Edge Real Est Inveat Ptnshp Auditors Subdivision No. 29 $4,15$.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,158.00
14-26 % t3ermn {�roup Ali of Lat 26
�808 Creckridge Circle
Edina, MN 55439-2611
7-04100- 7ohn L. Heyn AudiWrs Subdivision No. 34 50.00 50.00 $0.00 $2,965.06 $0.00 $0.00 $2,965.00
13-36 2376 Highway 55 S 442 fE of Lot 36
Mendota Heights, MN 5512Q
7-04100- Jef&ey F. & Kimberly Hnssman Auditiors Subdivision No. 34 �O.W $0.00 $0.00 52,965.00 $0.00 $0.00 $2,965.00
26-36 237Q Highway S5 S 152 R of N 5?8.4 ft of I.at 36
Mendota Heighta, MN 55128
7 290Q0- Stata of Minnesota Qardenville Rearrangament $4,4Q 5424.00 $0.4Q $1,176.Q4 $Q.04 $1,260.40 $3,36t?.Q4
102-43 1560 Highway 55 S 1/2 of Lot 3, BUc I& alI of Lota 4 thru �
Hastingsy MN 5$033 Blk 1� Lo�s 1 thlu 10� $1k2� Lote 1 thtu 0�
Bik 3, & Ex Pamel �fl?-29U00-06f-01
7-38800- Edgo Real Fst lnvest Ptnshp Hubers Subdivi�ion
IO-04 9G Ciarron Qmug Subject to iiighway Easement of Lat 1 $i,I35.24 $Q.4Q $(?.44 $4.t?Q $4.OU $Q.00 $2,135.24
'7808 Creekridge Circle
Edina, MN 55439-2611
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PARCEL REPUTED OWNER AND SIJBDIVISION LOT BLK TRUNB SAIVITARY TRUNK WATER STORM STREET TOTAL
NO. DESCRIPTION NO. NO. SEWER SEWER wATER MAIN SEVVER
7-48270- Triple S Investments Mendota Heights Businesa Park 1 1 $0.00 $0.00 $0.00 $0.00 $16,040.00 $18,360.00 $34,400.00
10-01 2300 Pilot Knob Road
Mendota Heights, MN 55120-1116
7-08271- The Northland Company Mendota Heights Busineas Park 1 1 $0.00 s0.00 $0.00 $0.00 $0.00 $2,040.00 $2,040.00
10-01 3500 80th St. W. Ste 100 2nd Addition
Bloomington, MN 55431-4431
7-48272 Litho Supply Depot, Inc. Mendote Heights Business Park 1 1 $0.00 $0.00 $0.00 $0.00 $0.00 $10,980.00 $10,980.00
10-01 Atten: Stephen Radermacher 3rd Addition
1395 Commerce Drivo
Mendota Heights, MN 55120
7-48300- 7effery Carlson Mendota Heights Industriel Park $0.00 s0.00 $0.00 50.00 $0.00 $3,240.00 53,240.00
13-01 2418 Enterprise Drive Pt of Lot 1 Blk 1 lying W of line beg S
Mendota Heights, MN 55120 liae 205 ft E of SW Cor as meas along
S lina N at RA to N line & thera termi-
nating Ex Parce146 C� on Mn R/W plat
19-93 & 19-96
7-48300- Capitol Bankers Lifo Ins Co. Mendota Heights Tnd Park Ir8 B-2 $0.00 $0.00 $0.00 $0.00 $0.00 $2,910.00 $2,910.00
80-02 % Printwnre Inc Ex par 46E MN DOT R/W Plat
1385 Mendota Heighta Road 19-93
St. Paul, MN 55120-1129 �
7-57000- Mary H. Hartz Perrons Placa W 90 ft of S 1/2 of Ul 50.00 51,590.00 $0.00 $3,000.00 �2,200.00 $2,800.00 $9,590.00
11-02 2200 Pilot Knob Road B-2 ex parce1247A of MN R/W
Mendotn Heights, MN 55120-1127 Plat 19-98
7-57000- Donald I Perron Perrons Plecc E 10 ft of S 1!2 of $0.00 51,593.00 $0.00 $0.00 $0.00 $0.00 $1,593.00
0-02 P.O. Box 653 Irl B-2 W 80 ft of S 1/2 of Ir2 B-2
Duquette, MN 55729-0653
7-57000- Stenley & Jean A Fnnson Perrons Place N 1/2 of I�l B-2 & W . $0.00 $3,186.00 $0.00 $5,400.00 $2,200.00 $2,800.00 $13,586.00
2-02 2170 Pilot Knob Rosd 80 R of Lr2 B-2 sx par 247B MNDOT
Mendota iieights, MN 55120-1114 R/W Plet 19-98
7-57000- 7ean Franson & Don I Perron Perrons Placa Ex W 80 R of S 1/2 of a0.00 $2,655.00 $0.00 $3,600.00 $0.00 $3,360.00 $9,615.00
31-02 2170 Pilot Knob Road L2 B-2 & ex W 70 ft of N 1/2 of
Mendota Heights, MN 55120-1114 Ir3 B-2
7-57000- 7ean Franson 8c Don I Perron Perrons Placa I�4 B-2 $0.00 $3,540.00 $0.00 $3,000.00 $0.00 $2,800.00 $9,340.00
40-02 2170 Pilot Knob Road
Mendota Heights, MN 55120-1114
PAItCEL REPUFED OWNER A1�ID S[JBDIVISION LOT BLK TRUNK SADIITARY TRiJNS WATER STORM STREET TOTAL
NO. DFS�ItIPTIpN NO. NO. SEWER SE�E12 WATER MAIN SEWEit
7-57p00- 7ean Franson & Don I Pcrron Perrons Place W 51.8 ft of Ir5 B-2 $0.00 $0.00 $0.00 51,42$.00 $1,834.00 $1,560.04 $4,822.00 _
50-02 2l70 Pilot Knob Road
� Mendota iieights, MN 55124-1114
7-66500- Qerard 8c Doris Bohlig Schouveller Subdivision � $U.00 $4,4Q $Q.QQ $2,9G5.00 $4.00 $0.04 $2,965.44
68-44 2454 FIighway 5S Pt of Lot b beg NW Lina 225 R SW of
Mendota Heighte, MN 55120 Cor S 90D W an NW line 73.'13 8 to NE
R/W 112.56 ft N 70D E 28 ft N 1TD 31
47S W Id5 $ to beg.
7-71250- Naithland Land Co Souttt Iaaaea $0.00 56,604.04 $Q.4Q $4,212.OQ $1,525.32 $9,870.00 �27,207.32
2-01 350U 80th St W Sta I00 Pt of Lats 8& 9, Blk 1& Yac I.eMay A.
Bloomington, MN 55431-4431 edj ly 3'ly of a line com 22.86 ft E of N
oornar Lot 8, Blk 1 S 4D 34M41S 104.4
ft S 296.56 ft SW an Tang cur rnd 1208.
. ft W line of Sec & there term
7-?I254- Narthland Land Ca South Lanes $0.00 $0.00 $0.04 $0.00 $11,864.16 $O.Od $11,864.16
151-01 3500 80th St W Ste 100 Lota 2 thm 7& lota 10 thm 15, blk 1&
Bloomington, MN 55431-4431 Vac LeMay Ava. adj Lot 15, Blk i
7-71250- Nocthland Land Co South Lanes $0.00 $0.00 $0.00 $0.00 $2,333.28 $0.00 $2,333.28
161-01 3504 80th St W Ste 100 Lots 1& 16, Blk 1& Vac LeMay Ave
� Blaomington, MN 55431-4431 adj ia i.ot I6, Blk 1
� 7-71250. Dtorthiand Lead Co South Lanes $Q.00 $Q.QO $0.4U �4.40 $1,387.?4 $8,344.40 �9,?27.74
83-02 35d0 8{}th St W Sta Id0 Pt of Lots 7& 8, Bllc 2& Vac LeMay A
Bloomington, MN 55431-4431 & Dean St adj ly E'ly of a line com 22.$
R fi of NW cor Lot 8, Bik l, S 4D34M41
E 104.43 ft S 296.Sb R SW af Tnn Cur d
1208 .92 ft to W line of sec & thera term
Ex Pt glaued ae Mandota FIts Business
Park
7-71250- Northland Lead Co South ianea $0.00 $Q.04 $0.4Q . $4.00 $8,359.80 $U.00 �8,354.84
232-02 350d 80th St W Ste 100 I.ots 2 thrn 6& Lota 9 thrn 13, Blk 2&
Bloomington, MN 55431-4431 Vac LeMey Ava & Dean St adj ex pt
plattec2 as Mendota Heights Business
Park
7-?125Q- Norshlend Land Co South Lanes $4.00 $QQQ $O,OQ $O.QQ $1,671.96 $O.UO $1,672.46
244-02 3500 80th St W Ste 100 Pt af Lot 1& 14, BIk 2& Vac LeMay A e
Bloomington, MN 55431-4431 8c Dean St adj ly W'ly af a line com SE c r
Lat 15, Blk 1 S on S'ly e� of E iine Lat 5
to W'ly RIW STiI 13 & there term ex pt
platted as Mendota Hei$hts Businese Par
. _ _ __.,___..--..-.�-
7-7250d- �Edge Reel Est Invest Ptnshp i� St. Dearge Subdivieion W Y' $7,629.60 50.80 $0.00 $0,00 $8.00 $0.00 $7,629.60
82-OG % aarran dmup All of Lots 1 thcu 8 Ex Pt Highway
1$4& Creekridga Circte
Edinn, MN 55439 2611
CITY OF N�NDOTA I�IGHT5
�:� •
August 15, 1994
TO:
FROM:
. .
Mayor, City Council and City Administrator
Guy Kullander, Engineer Technician
Assessment Roll - Ivy Keep North
7ob No. 9208
Improvement 92, Project 1
DISCUSSION:
The purpose of this memo is for information only regarding the assessment roll for the
above mentioned project. The hearing for this project has been previously scheduled for the
September 6, 1994 meeting.
BACKGROUND
The feasibility report for this project was presented to Council in August of 1992. This
was a 14 parcel subdivision with one parcel dedicated to the City as park land (adjacent to Ivy
Hills Park). Utilities serve the site from London Road. Service stubs from Kirchner Avenue
and Butler Avenue serve the new lots abutting those streets. Street grading was included in the
City's construction contract at the developers request. Haok up charges for the lots abutting
Kirchner and Butler which benefitted from earlier utility projects were merged into the total
project costs.
The feasibility report, prepazed in August of 1992 estimated the following project
costs: Utilities $112,OU0
Street Grading $ 13,0{}0
Hook up charges $ 13,381
Deferred Assess. $ 11,508
Estimated per lot cost was
$149,898
$ 11,530.62
z�
Existin Stareets
Seven of the lots in this plat have frontage an twa existing st�reets, Kirchner and Butler,
wluch were coast�ucted in 1977. These 17 year old stmxts may need reconstructiori within the
next ten years and they will be assessed at that tun� for half the costs of any street �
rehabilitatian or reconstxvction. ,
Deferred and co�neeiian char�
The original Feasibility report listed deferred assessments that wouid be paid� when the
plat was filed and connection charges which are narmally rolled into the total project costs
priar ta the preparation oi the assessment roll.
Due to delays in starting the project it was necessary to add two additianal years in
interest and recalculate all back interest on the deferred and connection charges. At �this time it
was discovered that tbe deferred assessments, due to a Iack of any Cauncil action in 1963 at
the assessment hearing should have heen treated as additianal connection charges. Apparently,
the Council in 1963 deternuned that the properties did nat then receive any benefrts fram the
utility so no assessment was levied. After recalcula.ting the interest and utility costs of the
original pmjects the total connection charge due was $20,568.34.
Fina1 Pro,��t Costs
The fmai construction costs are $86,291.80 plus averhead of $29,865.42 (37;43°l0) plus
the utility conneetion charges of $20,568.34 for a total project cost of $136,725.56.
The cost to install the underground ut�l�ities were egual.l.y divided into the 14 parcels
(including tlae paurk land dedication) that recei.ved benefit for a total levy of $5, 874.64. St�rreet
casts were equally divided into the 13 new Iots at the developers request for a street assessment
of $4,190.81 per 1ot. Total per lat assessment for the 131ots in ivy Keep North is
$10,065.h5.
ACTIQN REQUIRED:
None. Far yonr inforrnatian only.
. �,
ASSESSMENT PERIOD
Sanitary & Storm Sewers &
Water - 19 years
Streets - 10 years
INTEREST RATE - 7%
CITY OF MENDOTA HEIGATS
ASSESSMENT ROLL
IVY KEEP NORTH
JOB NO. 9220, IlVIP. 92-4
ADOPTED:
ASSESSMENT RATE '
Sanitary Sewer
Watermain $5,874.64 per lot
Storm Sewer
Streets $4,190.81 per lot
PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SANITARY SEWER STREETS TOTAL
NO. DESCRIPTION NO. NO. WATER & STORM
SEWER
27-37770- Eleanor B. Arndt • Ivy Keep North 1 1 $5,874.64 $4,190.81 $10,065.45
010-01 557 Winston Court
Mendota Heights, MN 55118
27-37770- Eleanor B. Arndt Ivy Keep North 2 1 $5,874.64 $4,190.81 $10,065.45
020-01 557 Winston Court
Mendota Heights, MN 55118
27-37770- Eleanor B. Arndt Ivy Keep North 3 1 $5,874.64 $4,190.81 $10,065.45
030-01 557 Winston Court
Mendota Heights, MN 55118 ,
27-37770- Eleanor B. Arndt Ivy Keep North 4 1 $5,8�4.64 $4,190.81 $10,065.45
040-01 557 Winston Court
Mendota Heights, MN 55118
27-37770- Eleanor B. Arndt Ivy Keep North 5 1 $5,874.64 $4,190.81 $10,065.45
050-01 557 Winston Court .
Mendota Heights, MN 55118
Eleanor B. Arndt 6 1 $5,874.64 $4,190.81 $10,065.45
060-01 557 Winston Court Ivy Keep North .
Mendota Heights, MN 55118 •
�
�
PARCEL REPUTED OWN�R AND SUBDIVISIUN LQT BLK SANITARY SEWER STREETS TOTAL
NO. DESCRIPTiON ' NO. NO, WATER & STORM
SEWER
27-37770- Eleanar B. Arndt Ivy Keep North 7 1 $5,8'74.64 $4,190.81 $10,Q65.4S
070-01 SS7 Wiaston Coust •
Mendota IIeights, MN 55118
Z?-31770- Eleanor B. Arndt Ivy Keep Noxth 8 1 $5,87�.64 $4,I90.81 $10,065.45
080-01 S57 Winston Court
Mendota Heights, MN 55118
27-3'7770- Eleanor B. Arndt Iry Keep North 9 1 $5,8'74.64 $4,190.$l. $10,065.45
490-01 SSZ Winstan Cautt
Mendata Heights, MN 55118
27-3'7770- Eleanor B. Arndt
100-01 557 Winston Court Ivy Keep Nozth 10 1 $5,874.64 $4,190.81 $14,Q65,45
Mendata I�eights, MN 55118
27-317�0- Eleanor B. Axndt Ivy Keep North ll 1 $5,8'74.b4 �4,290.81 $IO,Ob5.45
110-01 557 Winston Gourt
Mendata I�eights, MN 55118 .
27-3'777Q- Eleanox B. Arndt Ivy Keep North 12 i $5,8?4.64 $4,190•81 $IO,Q65.45
120-01 55'7 Winston Court
Mendota Heights, MN 55118
27-3'7770- Eleanor B. Arndt Ivy Keep North 13 1 $5,8'74.64 $4,190.$1 $10,065.45
130-01 557 Winston Court
Mendota Heights, MN 55118
August 23, 1994
IVfichael J. Salmen
1034 Brompton Place
Mendota. Heights, MN �5118
C ity o�
1Viendota Hei�hts
Subject: Reconstruction/Rehabilita.tion Project
London/Downing & Adjacent Areas
Job No. 9217
Improvement No. 92, Project No. 3
Dear Mr. Salmen:
Please find attached a copy of the formal Notice of Assessment Hearing for tlie street
reconstruction/rehabilitation costs for your properiy. We are pleased to inform you that the City
received very favorable bid results and the actual assessments are considerably less than
estimated: $2,336.28 versus $3,290 estimated for the reconstructed streets and $456:33 versus
$800 estimated for the rehabilitated streets.
Although the project is not totally completed as of the writing of this letter, the contractor
does plan on completing the work the week of August 29th. We do need to assess ttie project
this year to avoid another year's interest on the money borrowed to complete the work.
Hope you are pleased with tlie new streets, contact me at 452-1850 if ou have an
Y Y
questions or comments. �
Sincerely,
`L� `
J es E. Danielson, P.E.
P blic Works Director
JED: dfw
Victoria Curve • 1Viendota Heights, 1ViN • 55118
30
• 1850
CITY OF NIENDOTA HIIGHTS
�:� •
August 15, 1994
TO: Mayor, City Council and City 'Admuustrator
FROM: Guy Kullander, Engineer Technician .
SUBJECT: Assessme�it Roll - London/Dowing Rehabilitation/Reconstruction
Job No. 9217
Improvement 92, Project 3
DISCUSSION:
The purpose of this memo is for information only regarding the assessment roll for the
above mentioned project. The hearing for this project has been previously scheduled for the
September 6, 1994 meeting. _
M: _[�1:ttf;Z��
The feasibility report of this project was presented to Council in 7une of 1992. Council
determined that those streets in the project area that had surmountable curbs should be
reconstructed to the City's urban design standard with B618 curb and gutter and the roadways
rebuilt as necessary and overlaid with two lifts of bituminous. Streets that did have B618 curb
but with deteriorating bituminous would be rehabilitated (repair, mill and overlay).
The estimated costs per lot for those properties receiving the totai street reconstruction
was $6,580 with the homeowner paying 50 % of the cost and the remaining 50 °b coming from
the City's Street Rehabilitation/Reconstruction Fund. The lots receiving the rehabilitation
would also be assessed only 50 �. The cost to mill and overla.y these streets was estimated to
be $1,430 per lot.
CHANGES TO CONTRACT
The method for reconstructing the streets receiving B618 curb and gutter was changed
following bid opening. Instead of removing approximately 35 °lo of the bad asphalt, repair the
sub base, and put on two lifts of bituminous it was suggested by the contractor to completely
mill all bituminous azeas and use the millings as additional aggregate base, repair any soft
spots and install two lifts of bituminous surfacing. This approach was approved by the
engineering staff since the cost was no greater than originally estimated to reconstruct the
��
� streets involved.
FINAL COSTS
Total const�nuction costs are $114,881.10 plus overhead of $36,832,96 (32.06�) for a
total amount of $151,714.06 to be split 50/50 between the homeowners and the Citiy's Sixeet
Rehabilitation Reconstruction Fund. j
, �
RECONSTRUCTP.D STREETS
Total costs $126,159.36 divided by 27 benefitting properties equals a per lot cost of
$4,672.57. The homeowner will be assessed 50� of the cost or $2,336.28 (estimate was
$3,290.00). �
�:� :�. : i �. r. �; --
Total costs $25,554.60 divided by 28 properties equals $912.66 per lot.
pays 50°l0 of an assessment or $456.33 (estimate was $8QO.U0).
ACTION �UIRED:
None. For information only.
� 02
�
�
ASSESSMENT PERIOD
Street Rehabilitation - lU years
Street Reconstruction - 20 years
INTEREST RATE - 7 °b
CITY OF MENDOTA HEIGHTS
ASSESSMENT ROLL
LONDON/DOWNING STREET
REHABILITATION/RECONSTRUCTION
JOB NO. 9217, IlVIP. 92-3
ADOPTED:
ASSESSMENT RATES:
Street Rehabilitation - $456.33 per lot
Street Reconstruction - $2336.28 per lot
(Street Rehabilitation/Reconstruction Fund - 50 %
Orginial Amounts - Rehabilitation - $912.66
Reconstruction - $4672.57)
PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK STREET STREET TOTAL
NO. DESCRIPTION NO. NO. REHAB. RECONST.
27-15200- Michael J. Salmen Brompton Courts 1 1 $456.33 $456.33
010-01 1034 Brompton Place
Mendota Heights, MN 55118
27-15200- Darrell & Linda Mullerleile Brompton Courts 2 1 $456.33 $456.33
020-01 1040 Brompton Place
Mendota Heights, MN 55118
27-152Q0- Bernice & Sidney Makiesky Brompton Courts 3 1 $456.33 $456.33
030-01 1044 Brompton Place
Mendota Heights, MN 55118 �
27-15200- Micheal & Elisabeth Flood Brompton Courts 4 1 $456.33 ` $456.33
040-01 1043 Brompton Place
Mendota Heights, MN 55118
27-15200- Micheal & Elisabeth Flood Brompton Courts 5 1 $456.33 $456.33
050-01 1043 Brompton Place
Mendota Heights, MN 55118
27-15200- Daniel & Emily Shapiro Brbmpton Courts 6 1 $456.33 $456.33
060-01 1033 Brompton Place
Mendota Heights, MN 55118 ,
ci-sia�u- �arl �. ccc �oan x. �anrese
010-01 1025 Brampton Place
Mendota Heights, MN 55118
27-3'7650- Thomas G. & Phyllis J. Doscsh
OIO-02 142$ Brompton Place
Mendota Heights, MN 55118
27-3'7650- Donatd E. & Margaret Woods
020-02 1022 Bronntpton Place
Metldota I�eightsy I11Il�T 5511$
2'7-3765Q- ohn J, Alien & Sharon L Benm,xmau
030-02 102b Brompton Place
Mendota Heights, MN 55118
27-3'7650- Howard & Jacqueline Quiggle
040-02 1007 London Road
� Mendota Heights, MN 55118
�..
27-3'7650• ohn S. & Joanne E. Kendall
45Q-02 1413 London Road
Mendota Heights, MN 55118
27-3'7650- William B. & Caxote E. Manke
060-02 101'7 Londan Road
Meudota I3eights, MN 55118
21-37650- William II. & Mabel Y. Penney
070-02 1023 London Road
Mendota Heights, MN 55118
27-3'7650- Michael & Elinor Wein.er
080-02 1027 Loncion Raad �
Mendota Heights, MN 55118
SUBDIVISI4N
Ivy Falls East Addi�
Ivy Falls F.ast Additaon
Ivy Falls East Additaon
Ivy Falls East Addition
Ivy Falls East Addition
Ivy Palls Ea.st Addition
Ivy Falls East Additian
Tvy Fa11s East Addition
Ivy Falls East Additi.on
,,. L..,.
1 1
1 I 2
2 1 2
��
$2,336.28 $2,336.28
$2,336.28 $2,336.28
$2,336.28 � $2,336.28
$2,336.28 j $2,33b.28
4 2 $2,336.28 $2,336.2$
5 2 $2,336.28 $2,336.28
C� �►
7 1 2
8 2
$2,336.2$ � $2,336.28
$2,336.2$ $2,336.2$
$2,336.2$ $2,336.28
tJJ
�
PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK STREET STREET TOTAL
NO. DESCRIPTION NO. NO. REHAB. RECONST.
27-37650- John A. & Mary A. Mazkert Ivy Falls East Addition 1 3 $2,336.28 $2,336.28
010-03 1020 London Road
Mendota Heights, MN 55118
27-37650- Steven L. Gawron & Kathleen L. Widman ivy Falls East Addition 2 3 $2,336.28 $2,336.28
020-03 1014 London Road
Mendota Heights, MN 55118
27-37650- Geo. J. & Geraldine J. Kurvers Ivy Falls East Addition 3 3 $2,336.28 $2,336.28
030-03 1010 London Road
Mendota Heights, MN 55118
27-37650- Michael D. & Mazlys Dooley Ivy Falls East Addition 4 3 $2,336.28 $2,336.28
040-03 1004 London Road
Mendota Heights, MN 55118
27-37650- James R. & Rita M. Konen ivy Falls East Addition 5 3 $2,336.28 $2,336.28
050-03 989 Downing Street .
Mendota Heights, MN 55118
27-37650- Mary M. Quinn ivy Falls East Addition 6 3 $2,336.28 $2,336.28
060-03 993 Downing Street
Mendota Heights, MN 55118
27-37650- Paul Kane Ivy Falls East Addition 7 3 $2,336.28 $2,336.28
070-03 1001 Downing Street
Mendota Heights, MN 55118
27-37650- Nancy M. Abramson & Stacy K. Offner Ivy Falls East Addition 8 3 $2,336.28 $2,336.28
080-03 1007 Downing Street
Mendota Heights, MN 55118 ,
27-37650- William & Clarie Hartman ivy Falls East Addition 9 3 $2,336.28 $2,336.28
090-03 1015 Downing Street .
Mendota Heights, MN 55118
__ _
PARCEL REPUTED OWNER AND SUBDIYISION
NO. DESCRII'TION
__. 27-37650- Joseph R. & Kathleen $etlej Ivy Falls East Addition
010-04 613 Winstan Court
Mendota Heights, MN 55118
2'7-3'7650- James K. Murray & Valerie Ann McDonald Ivy Falls East Addition
U20-04 IQQO Downing Strcet
Mendota Heights, MN 55118
27-31650• Kenneth W. & Mary T. Deason ivy Falls East Addition
030-04 994 Downing Street
Mes�dota Heightsi MN SS118
27-31650- Hezbert F. & Mary A. Tzader Ivy Fa21s East Addition
040-04 990 Downing Street
Mendota Heights, MN 55118
2737650- Thamas S& Phyllis Junnila Ivy Falls East Addikion
010-05 1024 Douming Street
� Mendota Heights, MN 55118
�
27-37650- Neil M. & Elaine G. Txotman ivy Falls East Addition
020-05 1022 Downing Street
Mendota Heights, MN 55118
2'7-3'7650- Rabert J. & I.arraine Monsan ivy Falls East Add'ztian
030-05 101$ Downing Street
Mendota. �Ieights, MN 55118
27-3T650- Grace C. Vanvliet Ivy Falls East Addition
040-05 i012 Downing Street
Mendota Heighks, MN 55118
27-37650- Michael W. & Debra S. Newman ivy Falls F�ast Addition
050-05 1006 Downing Street
Mendota Heights, MN 55118
1 1 4
2 I 4
3 1 4
4 1 4
1 I 5
2 I 5
��
2$
$2,336.28 � $2,336.28
$2,336.28 � $2,336.28
$2,33b.2$ � $2,33b.2$
$2,336.28 � $2,336.28
$2,336.281 $2,336.28
$2,336.28 � $2,336.28
� 5 $2,336.28 $2,336.28
5 5 $2,336.28 $2,336.28
�
�
PARCEL REPUTED OWNER AND SUBDIVLSION LOT BLK STREET STREET TOTAL
NO. DESCRIPTION NO. NO. REAAB. RECONST.
27-44400- Pau1 L. & Betty A. Krueger Lametti Addition No. 2 11 0 $456.33 $456.33
110-00 558 Winston Court
Mendota Heights, MN 55118
27-44400- Bemard C. & Kathleen Hesse Lametti Addition No. 2 12 0 $456.33 $456.33
120-00 554 Winston Court
Mendota Heights, MN 55118
27-44400- Timothy J. & Sandra A. Barott Lametti Addition No. 2 13 0 $456.33 $456.33
130-00 550 Winston Court
Mendota Heights, MN 55118
27-44400- Charles D. & Carol L. Miller Lametti Addition No. 2 14 0 $456.33 $456.33
140-00 546 Winston Court
Mendota Heights, MN 55118
27-52200- ulian & Mary Jean Bilski North Ivy Hills 1 1 $456.33 $456.33
010-01 605 Winston Court
Mendota Heights, MN 55118
27-52200- James R. & Alice M. Reyes North Ivy Hills 2 1 $45633 ` $456.33
020-01 995 Winston Circle
Mendota Heights, MN 55118
27-52200- Joseph R. & Winifred Schumi North Ivy Hills 3 1 $456.33 $456.33
031-01 990 Winston Circle
Mendota Heights, MN 55118
27-52200- Vemon R. Colon North Ivy Hills 4 1 $456.33 $456.33
040-01 994 Winston Circle
Mendota Heights, MN 55118 ,
27-52200- aymond J. & Jeanne M. Chaussee North Ivy Hills 5 1 $456.33 $456.33
050-01 1000 Winston Circle
Mendota Heights, MN 55118 .
PARCEL REPUTED OWNER AND
NO. DESCRII'TION
27-44400- John S. & Joanne J. Derdoski
010-00 99S Diago Lana
Mendota Heights, MN 55118
27-44400- John L. & Carol A. Muxphy
Q30-OQ 547 Winson Caurt
Mendota Heights, MN 55118
27-44440- �Iarry G. & Audrey Baicd
040-00 553 Winston Court
Mendota I�eights, MN 55118
27-4444Q- Flayd G. & Claire E. Arudt
050-00 557 Winston Court
Mendota Heights, MN 55118
27-44400- William M. & Lois J. Gydesen
060-00 561 Wiaston Court
(%J,,j Mendota Heights, MN 55118
�
27-44400- Ronald R. & Kay B. Nagel
Q7Q-04 565 Winston Court
Me�pdota Heightsf NIN 551I$
27-44400- Etizabeth A. Schowalter
080-00 569 Winston Court
Mendota Beights, MN 55118
27-444Q0- Thomas & Michalle Woessner
090-0d 568 Winstozt Court
Mendota Heights, MN 55118
27-44�00- William & Elizabeth Shaughnessy
IOQ-00 Sb2 Winston Court
Mendota Heights, MN 55118
No. 2
Lametti Addition No. 2
Lametti Addition Na. 2
Lametfi Addition No. 2
Lametti Addition No. 2
Lametti Addition No. 2
Lametti Add'zfiion No. 2
Lametti Addition No. 2
Lametti Addition No. 2
QT BLK STREET STREET TOTAL
f0. NO. REHAB. RECONST.
1 0 $456.33 $4SE
3 0 $456.33
4 0 $456.33
5 0 �456.33
6 0 $456.33 '
7 0 $456.33
8 0 $456.33
9 Q $456.33
10 0 $456.33
$456.33
$456.33
$456.33
$456.33
$456.33
$456.33
$456.33
$456.33
PARCEL REPUTED OWNER AND . SUBDIVISION LOT BLK STREET STREET TOTAL
NO. DESCRIPTION NO. NO. REHAB. RECONST.
27-52200- Krosrow & Pari 7amshidi North Ivy Hills 1 2 $456.33 $456.33
010-02 610 Winston Court
Mendota Heights, MN 55118 '
27-52200- David G. & Rose Berg Nortli Ivy Hills 2 2 $456.33 $456.33
020-02 600 Winston Court
Mendota Heights, MN 55118 -
27-52200- Vicki Lynn Frey-Foley North Ivy Hills 3 2 $456.33 $456.33
030-02 590 Winston Court
Mendota Heights, MN 55118
27-52200- Murel O. & Virgini Faris North Ivy Hills 4 2 $456.33 $456.33
040-02 580 Winston Court
Mendota Heights, MN 55118
CJJ
�
� � • S i i� �
�,i 9111 !
August 5, 1994
TO: Mayor, City Council and City Administrator
, FROM: Guy Kullander �%
Engineering Technician �'`c/
SUBTECT: Assessment Roll
Pi1ot Knob Road - Watermain
7ob No. 8420A
Improvement No. 84, Project No. 2A
DISCITSSION:
The purpase of this mema is for informatian only regarding the assessment mll for the
above praject. The hearing for this pmject has been previausly scheduled for the September
6th meeting.
Praject Description:
Install a 12" watermain in Plot �Knob Road firom Acacia Boulevard north to Carron site
and continue northwesterly with an$" watermain down to Highway 13 which will complete
the line servicing St. Peter's Church and the City ai Mendota., �
The existing gravel road narth af Acacia Soulevard will be restored to its pre"sent
condition, pending future development. When the Garran site is developed, sanitary� and
storm sewers will be extended to Filot Knob Road and the street widened and upgrdded to City
standaards. .
The estimated costs far the project were $84,Q00 for watermain and $1'7,000 for street
and easement restoratian. Project costs were to be split between assessment by frontifootage
and trunk area, due to the large parcels which front Pilot Knab Road. Tnxnk assessments
would aisa cover ihe restoratian costs. Trank rates for watermain are 1.5 cents per square
foot. Front foot assessments for waterrnain are $28 per firont faot plus any service �
cannectians.
' Ta7c Increment Financing {TIl� will pick up the cemetery fron#ages and wate
oversizing. If cemetery property is ever sold for development, a hookup chazge for
service would ba levied to eaver TIl� expenses.
m
�nal Costs:
The required work was completed for $72,780. Overhead amounted to $22,495.54
(30.9 °b). Total to be assessed is $95,275.54. T'II� will pay $74,281.54•and the Garron site
$20,944.
ACTION ItEQUIItED:
None. For information only.
7�
�
�
ASSESSh��NT PER{OD
Wa#ermains -19 years
(NTEREST RATE - 7%
ClTY OF MENQOTA HEIGHTS
ASSESSMEN'T ROLL
GARRQN PRC?PERTIES
JOB NfJ. 8420, IMP. 84-2A
ADOPTED:
ASSESSMENT RATES:
Watermains -1.5 cents per square foot _
Trunk Water -$28 per front foot
PARCEL REPUTED OWNER �►ND SUBDIVISION LOT BLK WATER TRUNK TOTAL,
NQ. DESCRIPTION N4. N4. MAINS WATER
27-Q4000 Edge Real Est invest Ptnshp Auditors Subdivision Na 29 $'1,890.40 $15,120.00 $17,0'10,4(}
010-78 % Garran Group All of Lot 26 •
7808 Greekridge Circle
Edina, MN 55439-2611 � �
27-33800 Edge Real Es# Invest Ptnshp Hubers Subdivisian 1 $516.Q0 $0.00 $516.00
010-00 °lo Garran Group .
7808 Creekridge Circle
Edina, MN 55439-2fi91 �
27-72500 Edge Real Es# Invest Ptnshp St. George Subdivsion 8 $3,468.00 $0.00 $3,4�8.00
082-00 % Garran Graup All of Lots 1 through .
78�8 Creekridge Circle
Edina, MN 55439-2611
--. -- - -.-.�. —
___. .___..� —
,�.
�
CITY OF MENDOTA HEIGHTS
�� �
August 11, 1994
TO: Mayor, City Council and City Administrator
FROM: Guy Kullander ,��i�
Engineering Technician
SUB7ECT: Assessmen't Roll
Mendota Heights Business Park 4th Addition
Job No. 9220
Improvement No. 92, Project No. 4
DISCUSSION:
The purpose of this memo is for information only regarding the assessment roll for the
above project. The hearing for this project has been previously scheduled for the September 6,
1994 meeting.
Project Description:
United Properties submitted a proposal to develop the last portion of the MAC site,
west of Pilot Knob Road. The Development contains three lots, one of which where the
Associated Bureaus building is located on Commerce Drive would be extended northerly to
connect to LeMay Avenue (which was renamed Commerce Drive). Because of the location of
the Assaciated Bureaus building, existing watermain and sanitary sewer had to be relocated.
Holding ponds to accommadate a 1(}0 year storm were constructed in addition to sewer ,
water, storm sewer and street improvements. Tax Increment Financing (TIF) was to be used
for the utility relacation and part of the storm pond grading costs. The balance of the costs
would be assessed to the three plattecllots at an estimated $0.16 per square foot ($7,000 per
acre).
Additional Work:
The feasibility report assumed that the developer would grade the entire site, including
the street right-of-way and the storm pond. This was not done and required that the original
project be expanded to include these work items. This raised the final construction costs above
the feasibility estimate by $35,0�0. Final costs per square foot was $0.1733 or $7,550 per
acre.
`7�
�nal Costs:
Final construction costs for this project were $207,242.(}0. Overhead was 24�, which
amounted to $49,716.78. The 1'� portion will be $78,019.51 (feasibility estimate}was
$80,000 raised to $83,000 following bid opening) and United Properties will be assessed
$178,939.49 for the Mendota Heights Business Park 4th Addition (feasibility estimate was
$169,000 raised to $176,0{}0 following bid opening). The feasibility report estimated the total
project costs to be $244,000. Following the bid opening this estimate was raised to $259,Ofl0.
The final total project cost is $256,958.78.
The total assessment is broken into two segments streets ($119,462.86) which are
assessed over 10 years and utilities ($59,476.63) which are assessed for 19 years. �
ACTION REQUIREDs
None. For information only.
GK:dfw
��
ASSESSMENT PERIOD
Sanitary & Storm Sewers &
Water - 19 years
Streets - 10 years
INTEREST RATE - 7%
CITY OF MENDOTA HEIGHTS
ASSESSMENT ROLL
MEIVDOTA HEIGATS BUSINESS
PARK 4TH ADDITION
JOB NO. 9220, IlVIP. 92-4
ADOPTED:
ASSESSMENT RATE
Sanitary Sewer �
Watermain
Storm Sewer
Streets
$0.05761/ sq. ft.
$0.11571 /sq. ft
PARCEL REPUTED OWNER AND SUBDIVISION LOT BLK SA1vITARY SEWERS STREETS TOTAL
NO. • DESCRIPTION NO. NO. WATER & STORM SEWERS
27-48273- Hurley Parfners Mendota Heights Business Pazk 1 1 $33,681.50 $67,650.26 $101,331.38
010-01 1500 Commerce Drive 4th Addition
Mendota Heights, MN 55120
27-48273- Northland L,and Company Mendota Heights Business Park 2 1 $14,820.50 $29,76830 $44,589.32
020-01 3500 80th Street W., Ste 100 4th Addition
Minneapolis, MN 55431
27-48273- Northland Land Company Mendota Heights Business Pazk 3 1 $10,974.63 $22,044.30 $33,018.57
030-01 3500 80th Street W., Ste 100 4th Addition
Minneapolis, MN 55431
�
;
a
�
1�
�
T0:
FROM:
CITY OF MENDOTA HEIGHTS
MEMO
September 1, 1994
Mayor, City Council and City Administrator
C James E. Danielson, Public Works Direc
�SUBJECT: Case No. 94-17: Lentsch - Rezoning
�
- r
� -
� DISCIISSION � � ' � ,
I
At'their August meeting, the Planning Commissionuconducted a
� continued hearing to consider a request from Mr. Bill Lentsch to
rezone Outlot B, Mendota Woods from HR=PUD to R-1. The ma.jor issue
� on this lot was access, originally Mr. Lentsch had proposed acc.ess
� from Arbor Court by crossing Lot 7 with a joint driveway. '�he
� Planning Commission and Council rejected this plan and required
� that he work with the Kensington Manor Home Association to gain
� access from Brookfield Lane. Mr. Lentsch has received approval
� from the Manor Homes' Condominiums Association Board and is waiting
� for a vote of approval from the entire`association. �'
i
� The Association met on August 31 to take a vote, however,
� several questions arose that need to be answered before the vote.
� Association President Roberta Cline reported to me that the vote
iwill now be taken at their September 26, 1994 meeting.
At their August meeting, the Planning Commission voted
unanimously to recommend approval for rezoning Outlot B� Mendota
Woods from HR-PUD to R-1 single family. �
ACTION RE4IIIRED
Meet with the applicant and then if Council d�
implement the recommendation, a motion should be passed
Resolution No. 94- , RESOLUTION APPROVING THE REZONING
B OF MENDOTA WOODS FROM HR.-PUD TO R-l.
I
JED:kkb
i .
t
�sires to
�adopting
OF OUTLOT
�
c=�t� aF r+�i�moT� �zGx:rs
�� .
' July 29, 1994
�
TO: Ma.yor, City Couneil and City Adminis�rat
FROM: Kevin Batchelder,� Administrative Assi
;•.
SIIB�TBCT: Discussion of Acquisition of Brookfield Lane' ,
Ren.sington Manor iiomes ' . �
pISCUSSION
e
' r
At their July 26, 1994 meeting, the Planning Commi.ssion• met
with Mr. Bill Lentsch to: review a proposal to Rezone Outlot B, '
Mendota.Woods and to request a Wetlaads Perna3.tjSetback Variance to
allow Outlot B to receive drivewa�r aecess from Arbor Court across
Lot 9. {Please see attached Planner's Report and Map of area). - '
. , � ` �
Mr. Lentseh was uuable to get percni.ssion from. the Rensington �
Manor Home Associatiou to use Brookfield Lane (a priva.te street) to
accesa Outlot' 8. � Therefore,` he had to aeek a Wetlands '
PenrnitJSetback Variance to cross Lat ? to provide acceae from Arbor
Court. The Planning Cammission felt that Brookfield Lane was a'�
more appropriate avenue of access and recommended that City Council
consider the acquisition/condemn��tion of Brookfield La.n.e sa that
Outlot B coul.d be served..: � _ `
Outlot B was originally intended to serve as a site for a
m�anar home structure and Ceate�c Homes originally had a purchase
agreement with Mr. Irving Clark to include this with Phase I af
Kens3.ngton. Outlot B was rezoned HIt-PIID as par� of Phaee I
Rensington and Mr. Lentsch is requesting it be returned to R-1 sa
a single fami.ly home can be constructed.
Considerations for City acquisition o� the right-of-way needed
t�o conver� the private Brookfield Lane street ta a public street
include: . � . . -
1. Preceden� - Tb.ere are a number o� other private streets
. within the City that serve townhome develapment�s. It
wauld be a great ben.efit to all.those residents if the
City would acquire �hese streets��and�make them public. '
The diffe'rence is that all these other priva.te streets ' �
are internal and onl� service the development itself. �.�
Broakfield Lane was installed on the. edge of the
Rensingtor�. development Ca accommod.ate the future
e�aansion of �he manor homes now that will n
This excess m�anor home land is now develo�
fami.ly, and an access problem is now accux
Steven Patrick already had to develop h�.s Ou
Zang driveway from Arbor Court.
occur,
single
. Mr,
with a
2. �.int�naneg - Because this street is private�it was
canstructed ta a lesaer deaign than a normal City street
` and will be more d�fficult to maiutain. {It has
' surmountable curbi.ng, twen.�y-eight feet (28'`�) wide
inoluding curbing or twenty-E'our iee� {24'? of blacktop
surface} . �
3. �c,�l -,'There cauld be same patential ZegaZ puroblems
aseociated with the City'� approval of thie development
as PDD and its private cavenants. This aspect should be
, reviewed by the City Attorney before proceeding,�
At their July meeting,'the Planning,Commission requested �hat
Counezl review the poss�.bility of acquiring the private Braokfield �
Lane street aud converting it to a public street in order to avoid
gran�ing the varia.nces needed to serve Outlat B with street access
from Arbor Court,
• :i� �i
�� Review the Planning Commission's request and detez�nine a
course o� action.
NOTE: The Planning Commission's recommendation was made at a
public hearing; but staff has not had time to `notify
Rensington Manor Home Assaciation. �
PI.�'�NNJavG REPOItT
DATE:
CASE NO: �'
APPLICANT:
LOCAITC?N:
ACTION REQUESTED:
PREP�?►RED B�:
�vi uuPtHti! r u
C�NSULTtNG PLANNERS
LANI3SCAPE ARCiiiTECTS
.i(10 FIRST AVENUE IJ(7RTF!
SUtTE 21t}
MtN�tEAPOLiS, MN �i4i}i
612 �3.'i9 • 33U0
.
PLANNING CONSIDERATIONS
Background
7uly 26, 1994
94-26 and 94-17
William Lentsch
Z.ot 7 and Outtot B, Mendota Woods
Arbor Court
Variance and wetlands pernut for joint
driveway {94-Ib}
Rezoning far Outlot B, Mendota
Woods {94-17}
C. Jahn iTban
As yau re�ca�l, Mr. Lentsch submitted an application to the City withaut praper ptans for the June
Planning Commission meetiag. H'is application was continued subject to the submittal of the rec�uired
infonmatian for the wetiands permit, variance, and rezoning. Compiete plans and informatian have
not been submitted to the City and review is based an the limited infonnation that has been supplied
to date. Because af this limited infarmation, the Pianning Commission ma.y wish to continue this
consideration once again. Mr. I.entsch has said that he wishes to present his case and additianal
inforrnatian at the Plazming Commission meeting, but staff will not be able to review fihis information
priar to the July 26 meeting.
An abst�act was submitted with the rezoning request and this was uset! to mail the published notice
for the public hearing far the wetlands permit, variance, and rezoning.
Rezaning
Outlot B requires a rezoning from HR P.U.D, to R 1 to allow canstruction of a single family home.
Withaut a rezoning it would be a condirional use permit in the HR P,U.D. district £or a single famiiy
� Case Number: 94-16 and 94-17
July 26, 1994
Page 2
home. wthin the P.0 D, district that conditional use pernut would have to be amend'ed each time
a home addition, deck construction, or other site modification was requested. Clearly R 1 zoning
would be more typical to a normal process of obtauiing building pemuts, etc., for a home builder.
Outlot B was rezoned to HR P.U.D. as part of the ICensingtoa Maaor Home project. The first
rezoning was for the Manor Home project anS Centex had a purchase agreement with Mr. Irving
Clark to include Outlot B in that project. This purchase agreement was never executecl and Centex
has no plans to build Manor homes on this property. �
Section 5.7 outlines the requirements for a rezoning application, much of this inform
been submitted to the City. The plan that has been submitted shows existing contours c
does not show the existinng vegetation. It also does not show propased grading for the
of the driveway and other improvements. The accompanying request for a wetland
variance is on the same drawing which would also require a mapping of the vegetation, g
erosion control plans, la.ndscape.plans, and of course, aa accurate delineation ofthe v
proposed plan only shows a generalized lowland area which is not the wetland delinea
Important to the rezoning of the parcel for a single family home is appropriate access. T
easement adjacent to Lot 6 and over Lot 7 to get to Outlot B is over 400 feet long and
wide. Access ta Outlot B was not granted to Mr. Lentsch from the Kensington H�
Association The parcel will be land locked because no public access was platted fc
because the developers had pronused to purchase the properiy and develop Outlot B E
Kensington development. The only opfion left is access over Lot 7. Tlus access then m
to be suitable prior to an actual rezoning, which would allow consh�ucfion of the hou;
applications are tied together because of a lack of access to Outlot B.
Wetland Permit and �ariance
has not
site but
pernut and
.ding plans,
�tland. The
� proposed
nly 10 feet
ne Owners
this parcel
part of the
� be found
. The two
The submitted plans do not show the grading and delineated wetland information required for the
wetlands pernu� The applicant is proposing a 10 foot wide, 400 foot long easement across Lot 7 to
gain access to Outlot B. This easement is directly adjacent to Lot 6 which is owned� by others,
although there is no home built on the lot. �lthough it is not stated, we assume that the 10 foot
easement will contain a 10 foot wide bituminous driveway. This information needs to U`e clarified.
In order to maintain the driveway in the winter when snow would naturally be stored on a� portion of
Lot 6. This would be significantly impaired if Lot 6 chose to erect a fence on its property line,
limiting the ability to maintain and effectively use a portion of the 10 foot easement. Some
encumbrance on Lot 6 must be understood or the easement moved 5 feet off of the property line.
The variance request is for a zero foot setback to Lot 6 for the driveway. �
The proposed easement also falls within 15 feet of a proposed home site on Lot 7. This is�very close
for a pass-through, a private drive and normally one would expect at least a front yard setback to be
the distance between a proposed home and a private drive passing through the properry� Also, the
easement shows an angular jog, which would not be navigable by normal vehicles if it is built strictly
in that fashion. The easement should reflect actual construction conditions and location�
Case Number: 94-16 and 94-17 July 26, 1994 Page 3
The prapased h�rn around in 45 feet wide, which is significantly smallar than a City cul-de-sac. This
dimension and turn around arrangement should be reviewed by the Fire Marshall. The Fixe Marshall
has indicated ti�at the driveway is okay if the house is sprinkled and the bituminous is build to support
fire trucks in a fashion so they can turn araund In the past, long private drives were required ta also
have gravel shoulders for praper access far emergency equipmen� Aiso, the driveway should be wide
enough for the passing of twa cars because the,drive is long and serves two homes.
At this time, the distance frarn the wetland ta the propased dnveway and easement is not know.
Erosian control and a��tual grading is nat indicated and the loss ofvegetation ar replacement thraugh
a landscape plan has nat b�en indicated.
The requested variance is for a zero setback for the driveway to Lat 6. This variance request should
be accompanied by some agreement by tha.t Iand owner that snow can be stored an their praperty,
Action
Based on the judgement ofthe Planning Commission, Case 9416 and 94-i7 can either be acted upon
based an the submitted information with conditions, ar contanue the public hearing with directian ta
the applicant for specific infarmatian and revised plans ta be submitted in a timely fashion. Passibte
conditions would include: � '
1) snow storage easement on Lot 6.
2} further review of detaated driveway pians by Fire Marshali. .-
3) grading, landscaping, and erosion control plans for the proposed driveway.
4} delineation of wetland.
5� widen driveway for a seotion between the proposed Lot 7 house and Arbor Gourt.
fi} 35 faot setback befween the proposed Lot 7 home and dr�veway easement.
Applicant Nanae:
Addx�s: �
�WIICiNa�riC:
w
1�
,��.endota He�
APPLiCATION FOR CONSIDERATION
QF
PLA,�INING REQUEST
G"ase No» _� �— �
}" Dat� of licatian _
Fae Paid�S(�,C�C
t�3.
tNumber 8c street;
{Last}
Addtess• oS !/' /'� r'�'v/�
_ (Number & Streexj
Street Locatian of Pmperty in Question:
Legat Desaription of Prap�ity.
tF'�3 (�3
�. d/�i�ll�.�l �_ 1�1•�f/ �
C�m►3 ts�) C��)
r�-^': "�A . �,._i�
(Fust}
{ts�y)
�
(statc} �'Tp}
�
7[�ie of Reqaest:
��.,_ Rezaning Variance
Condidomal Use Pernut Subdivision Approval
Conditional Use Pexmit for P.0 D. VV'sttands Permit
• Pian Appmvai (hher (attach explanat
' ,� Comprehensive Plan Amendmiment
Applicable C�ty Ordinancc Numbcr Sa�ion
"w
PIIeSCI1� �AI�}iig,.4?��pI1Q,'�IEjE ' Ft�SCIIt USC -
�j30SP� �Ol11IIg Of �pCltJl : �O,Qt)S� USC
I he�mby dedait that att sitat�ements madc in this, reqc�est and on thc ditional
materia� a�z itue _ � j2��'.�i.t:..� 1% _y_..-� _
(Signature af Apptica�at) .
/`._, �.�-
.�
by - Titte} .'
�
___ __ _
11U1 Victoria Curve -,1Viendota H�ights, 1VLN • 55118 452 �185U
,�1�.,���.♦
,��er�do�a
� ity c��
��ei�1��s
APFLICATION FOR CONSIDERATIOI�
OF
PLANNING REQUEST
� r
�. � �t «:��e * a
• . , ' ��. 3!?"'?.�''w�'�'
Applicant�Name: h��.�-S� �%11�,,��i � %�% ' PH:_,��{� � �L�'�-3
(La�st),,, (F''ust) (Ml�
Address: ���rs �r�.�.��f .��� c,���� �,� .�'�'ias.�
tNumber & street? {t�tY3 tstatc) {Tg} .
Qv�mor Name: ���i�%� ��f/',/i�`%��
{Last� tF'nrst) (NIIj
Address: �,�%/�.�l�i�'ii�+ .�'}�G�.�l/.� ���!�'/ �'S��',e���_
(Number & 5tro� (4�ty') (S�c) CrP)
Street Locatian of �fioperiy in Question: �k""� .�.�/,.t'!'/.� 1✓ �'�
Legat Description of Prap�erty: _ i�i'l .5��`G-jfi�it/ %.�'dff' E?�%L
/�?�,�`�"JL'lr.��- 1�/fi�� f ,
.� , •:, .,�
Rezoning
Conditional Use Peimit .
Canditionat UsePemut forP.0 D.
Plan Apptnvat
Camprehe�sive Plan Amendmeut
�, vaziana — 5� .c>o
Subdivisioa Agproval
_,� Wetlands Pcmut � 35L"�c7
dther (attach explanation)
Apglicabte C`�t.y Onlinance Number Section
Present Zo� of ProgerE� Pre,sent Use -
Proposed Zaning af Propeity } P�oposed Usc
I hereby dedane ih.at ali s'tabemeuts made ia this request and on the ditional
materiat � �true .
.. tSig�oature of Applic�ttt�
,�x�..�`� ( °1 a
3
= (R 'ved by - Title) • �
1101 Victoria Curve •1V�i.endota Heights, Ni.N • 55118 452•185Q
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CITY OF MENDOTA HEIGHTS
MEMO
0
August 26, 1994
�
Mayor, City Council and City Administrator
FROM: Kevin Batchelder, Administrative Assistant
SUBJECT: Case No. 94-23: Metro II - Variances
DISCiTSSION
Ms. Joanne Chabot, Executive Director for Metro II, li
1300 Mendota Heights Road, appeared at a public hearing bE
Planning Commission at their August meeting to request twc
variances. They are 1) a four stall variance to the'
number of parking spacea and 2) a parking stall size var
allow a parking stall of 8'6". Please see attached F
Report and Application. '
�cated at
fore the
� parking
required
iance to
lanner's
At the meeting, Ms. Cha.bot produced a proof-of-parking plan
that does not disturb the playground area that will be established
by Independent School District 197's Community Education program
(see attached). The Planning Commission was concerned about two
items: i
1. The calculated net usable office area as a
the total building area.
of
2. The appropriateness of the proposed stall width of 8'6"
given the uses in this building. �
Ms. Chabot discussed in detail within the Planning C
the function and uses of the tenants in the building. Ple
to August Planning Commission minutes for details
discussion. The current use of the building by Metro I
tenant fits the building as it was constructed by Contel.
, previous occupant and Metro II use significant space for
computers and computer laba that decrease the percentage
office space.
Staff has conducted a site visit and has determinE
Metro II and School District net usable office area does
the reported 24,000 square feet.
mmission
.se refer
of this
and its
Both the
ainf rame
�f usable
that the
�t exceed
The Planning Commission voted unanimously (6-0) to close the
public hearing. The Planning Commission voted unanimously (6-0) to
recommend that City Council approve a proof -of -parking variance for
four stalls and a parking stall size variance to allow 8' 6" stalls,
subject to investigation by City staff to confirm the amount of
usable office area.
ACTION REOIIIRED
Meet with the applicant. If the City Council desires to
implement the Planning Commission's recommendation, they should
pass a motion to approve a proof-of-parking variance for four
stalls and a parking stall size variance to allow 8'6" stalls.
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CONSULTING PLANNERS
LANDSCAPE ARCHITECTS
3QQ FIRST AVENCT£ tdQI2TH
SUlTE 210
MItJNEAPOLTS, MN Si�Oi
h12•3;39•33QU y
PI,A1.�1�T.ING REP4RT
DATE:
CASE NO: "
APPLICANT;
IACA1iQN:
ACTIi3N REQUESTED:
PREP.A►�tFi� BY:
PLAIYN]NG CONSIDERATIONS
r.�
Background
August 18, 1994
9423
7oanae Chabot, Uwner
Metra lI
1300 Mendota Heights Road
Reqaest Variance ta Required Parking
C, JohnUban
The Metro II building was a first phase of a two phase building that was not completed with the
remaining property being iacorporated into the new Northland Insurance Company Etuilding. A
portian af the parking lot far that two phase development was part of the Northland Insurance
Company new development, Metro II has si.nce developed a plan to restcuchue their parking to
secure an appmpriate amwuYt to support the activity of the building. They are requ+��ting a variance
based on their calc�latioa of parking neeti. _
Although the site plan does not indicate locati.on of a tat lot, one ofthe new tenaz�#s in the buiiding
is School District #197, wlnch is propasing to use one floor far community eduGa.tian and �Ktended
day caze. A building floor plan was submitted shawing how tl iat family education f�ciiity woutd be
organized in the building. The plan noi only shows typical office space� and conference rooms, but
also several large rooms for �tended day care and classrooms. The proposai did not indicate how
ttus a�tivity would relate to a reorganized parking lot. It is anticipated that the educa�ional activity
would include parents coming and dropping ldds off and schaol buses bring'rng pupits and teachers
throughout the day to tius facility. �
Because of this need for an outdoor play area far the child care portion of the fair�iy education
facitity, ihe eastern part of the site has been reserved for that outdoor ptay area. This area could
otherwise be canverted to parking, and several schemes were Iooked at in the past that would
Case 3Yumber: 94-23 �lugust I8, I994
� acconunodate enough parking in ihis area to meet the full requirements af the buitdi
The applicant did not show this area as proofof parking and is asking for � varian�e
requirement. Tbe variance request also would cover the dimension of fihe parking �
been reduced fram 9 ft, to 8.5 ft. in width.
Notice has been mailed ta all property owners within 100 ft. of Me1m I� and
Corrunission should conduct a public hearing.
Parking Variances
,
The praposed paxldug la.yout shaws a reorga�nized pazking Iot with circular parking aisl
is created by removing a portion af the landscape median in the center of the parking ;
is proposed to be resuzfaced and sfriped with a parking stall dimension being 2p ft, a
allows a m�imum efficiency ofthe e�xisting paved area on the site. Although a building
submitted, it is noted on the site plan that there are I2 undergraund parking stalls witl
the west end of the building. Total provided parking on the ptan is 116 stalls. The aP]
notir�;g that the net usabte office azea is 24,400 s.£ This woutd require 120 staills, thus t
4 stalls which they aze applying for as a variance.
The gross buiiding area is nated as 42,400 s.£ and the net usable is 24,4Q0 s.£ By thi
the,re appears to he a lazge amount of unusable area in the building which has not been
accounted for in the request. We laiow that some parking is Iocated on the botiam :
would assvnle that the parking floor tak�s up only a third to a half af the building's grout
Clarificaiion of the buitding's u�sable area should be fizrther discussed for the purpose �
the parldng. '
Yt is cammon in granting a vaniance to identify areas af praof of parking if they exist. '
an area an the east e.nd af the bu��iing vvhich is Iarge enough to accommodate a singte ro
out ta Mendota Road. The applicaut is proposing to place a day care playgraund
.AI�Eough #he playground requires the s��ting af faotings for play equipment, the averall i
is typically not conside�ed pern�anent in nature. Its re�noval or relocation is possible shou
pazking be required by incre��sed use of areas within the building.
Based on 24,000 s.£ of usable area, IIb parldng stalis wili generally meet the nc
requirements most of the time for that amount of space. The variance of 4 stalls will
unsafe or detrimental conditian on ihe subject property or adjacent properties. Sho�
space increase wit.hin the building, the issue of pazking then becomes more acute.
The slight reduction of one half foot width of the parking stall, is a common park
today ta max'unize efficiencies wifihin. padang Iots. Generally, autos are smaller than 1
years ago, when most of the parking standards were incorparated into ordinance.
found that far office use where cars typically sit in the parking stall aII da.y Iong, a;
quite suitable. For commercial activity, a wider stall is needed for easy and conven
%r high turnover pazking. �
Page 2
the pazking
1 whzch has
Pla,tu�ing
pattem that
rea. The lot
8.5 ft. This
►lan was not
entrance on
icant aiso is
ev aze short
catcutation,
elineated or
�or, and we
1eve1 floor.
'calculating
ere is such
afFaar�dng
� this area.
additional
aI parking
t create an
the usabie
design used
were 1.0-15
so, we have
�wer stall is
movemenis
Case Number: 9423 August 18, 1994 Page 3
Action
Conduct public hearing and make a recommendation to the City Council.
Considerations
1. Confirm usable office area within subject building.
2. Provide area for pmof of parking.
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MET RO,II"
1300 Mendota Heights Road Mendota Heights, MN 55120-1158 Telephone (612)686-6800 FAX (612)686-5501
August 1, 1994
TO: City of Mendota Heights
FROM: MET O II
J e Chabot, Executive Director
RE: Letter of Intent and Variance Request
METRO II purchased the GTE facility at�1300 Mendota Heights Road
on December 27, 1992. It was METRO II's belief at the time of
purchase that the paxking lot, which contained approximately 170
spaces, was located wholly on the property it acquired.
It was discovered through survey work in September 1993 that the
parking lot was located in part on a separate lot that GTE sold
to United Properties for a new Northland Insurance Company
building. The new Northland facility is currently being
constructed on this lot, leaving METRO II with a parking lot that
does not contain enough parking to meet current code
requirements. .
METRO II is required to have 120 parking �spaces based on the
current requirements for a building with 24,000 usable square
feet. METRO II has formulated a parking lot reconstruction plan
which will provide 116 parking stalls.
A variance is being requested for 4 parking spaces. METRO II's
plans: 1) preserve green space for both aesthetic and
environmental reasons, 2) save taxpayer dollars, 3) provide
enough parking to meet current needs and future growth for both
METRO II and its tenant, District 197, and 4) call for a
negligible variance while at the same time allowing METRO II and
District 197 to provide necessary public services.
M Equal Opportunky Ertiployer
. :
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Ci �y o�
1Viendota Heights
APPLICATION FOR CONSIDERATION
OF
PLANNING REQUEST
, Case No. .�
� DatB of Ap lication _
Fee Paid �('� -�(
; Applicant Name�:
Address:
(�.ast)
(Number & Street)
OwnerName: r��ru� Ir
(Last)
Address: 1 �00 MPndat� F
(Number & Street)
Street Location of Property in Question:
I.egal Description of Property:
(F'ust) (Ni�
hts Road, Mend�
(�tY)
iF'�)
hts Road. Mendc
iatY)
(State) (Zip)
►T
(S�) C�P)
Type of Request:
' Rezoning g Variance
Conditional Use Permit • Subdivision Approval
; Conditional Use Permit for P.U.D. Wetlands Pemnit
� Plan Approval Other (attach explanat
, Comprchensive Pian Amendment
Applicable City Ondinance Number Section
Present Zo�ng, c�f•Propert� Present Use •
Proposed Zoning of Property : Pt�oposed Use
I hereby dedan that ali stat,ements made in this request and on the additional
materiat a� Lrue . � �� ,y��
: ,
' (S' � of Avalir,antl
- (Received by - Title) '
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118
1850
CITY OF MENDOTA HEIGHTS
NOTICE OF HEARING .
August 11, 1994
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that the Planning Commission of Mendota
Heights will meet,"at 8:30 o'clock P.M., or as soon as possible
thereafter, on Tuesday, August 23, 1994, in the City Hall Council
Chambers, 1101 Victoria Curve, Mendota Heights, Minnesota, to
consider an application from Ms. Joanne Chabot, of Metro II, for a
parking variance and parking stall size variance on the following
described property:
Lot 1, Block 4, Mendota Heights Industrial Park
More particularly, this property is located at 1300 Mendota
Heights Road.
This notice is purs.uant to City of Mendota Heights Ordinance
No. 401. Such persons as desire to be heard with reference to the
proposed Variance will be heard at this meeting.
Kathleen M. Swanson
City Clerk
Auxiliary aids for disabled persons are available upon request
at least 120 hours tn advaace. If a aotice of less thaa 120
hours is received, the City of Mendota 8eights will make every
attempt to provide the sids, however, this ma.y aot be possible
oa short notice. Please coatact City Admiaistration at 452-
1850 with requests.
�� .
August 19, 1994
Ms. Joanne Cha.bot
Metro II ,'
1300 Mendota Heighta Road
Mendota Heighte, NIlJ 55120
Dear Ms. Chabot:
C lty O�
1Viendota Heights
N
Your application for Variaaces will be considered by the Planning
Commission at their next regularly scheduled meeting, which will be
held on �.'uesda.y, August 23, 1994. The Planning Commission meeting
starta at 7:30 o'clock P.M. here are City Hall in the Council
Chambera. You, or a representative should plan on attending the
meeting, in order that your application will receive Co�ssion
consideration.
If you have any queations, please feel free to contact me
Sincerely,
����� 't�..�/
Revin Batchelder
Administrative Assista.nt�
�
RLB:kkb
Bnclosures,
�
1101 Victoria Curve • 1Viendota Heights, 1VIN • 55118 452-1850
i•
�
CITY OF MENDOTA HEIGHTS
MEMO
0
September 1, 1994�
T0: Mayor, City Council and City Administrator
FROM: James E. Danielson, Public Works Direc
SUBJECT: Case No. 89-26: ISD No. 197 - CUP for empora.
Classrooms
DISCUSSION
In August of 1989, City Council granted Independent School
District 197 a Conditional Use Permit to construct two temporary,
free standing wood framed classrooms adjacent to the west side of
the Mendota Elementary School (see attached Resolution No. 89-87).
One of the conditions of the permit is that the School District
renew the permit if the use extended beyond five yeara. The School
District has attempted to expand Mendota Elementary ScYiool and
eliminate the temporary classrooms through two bond referendum
attempts. �
The temporary classrooms are still needed, and will be until
more permanent classrooms can be added. The School District
requests that the Conditional Use Permit be extended�for an
additional five years (see attached letter).
RECONIl►�NDATION
I recommend that Independent School District 197's request to
extend the Conditional Use Permit for temporary classrooms at
Mendota Elementary School for five more years be granted.�
ACTION REQIIIRED
If Council desires to implement the above recommendation, they
should pass a motion granting a five year extension to allow
Independent School District 197 to utilize their existing temporary
classrooms at Mendota Elementary School as per City Resolution No.
�89-87, RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR TiMPORARY
;CLASSROOMS.
�
�f����;i�
CITY 4F MENDOTA HEIGHTS
Dakota County, Minnesata
RESOLUTTON NO. 89-�7
RESOLUTION APFROVING G�NDITI�NAL USE PERMIT FOR TEMPORARX
CLA.SSROOMS, INDEPENDENT SCHOOL DISTRIGT 19�
WHEREAS, Independent Schaol District 197, has made
application, on� behalf of Mendota Elementary Schoal, for a
canditional use permit to construct two temporary, free-standing
wood �rame classrooms adjacent to the west side of Mendota
Elementary School; and
WHEREAS, the P2anning Commission conducted a public hearing
on July 25, 1989 �o cansider an application for a conditional Use
Permit reguest far constructian of said temparary classrooms; and
WHEREAS, based upon the public record transcribed on July
25, 1�89 the Mendota Heights Planning Cammission recammends to
the Mendota Heights City Council that the Canditional U�e Permit
be granted canditianed upon:
1. A five year limitation upon the Conditional Use Permit and
requiring a reapplication� to continue �he use of the
temporary structures after a five year period has passed.
2. That the two large trees located near the proposed expanison
not be removed and that they shou3d be replaced if damaged
during canstruction; and
WHEREAS, the City• Council of Mendota Heights conducted a
publio hearing on August 1, 1989 and stated that safety
precautions should be taken by Sahool District 197 for the
sliding/sledding hill adjacent to the praposed temporary
classrooms as a condition ta the appraval af a Conditional Use
Permit. �
NOW TIiEREFORE IT I5 HEREBY RESOLVED by the City Counca.l o�'
the City of Mendota Heights that the prapased canditional use
wauld have no adverse ef�ect on the hea].th, saEety and general
welfare af the citizens of the cornmuna.ty or surrounding land; "
BE IT FURTHER RESOLVED, that constructian of said temparary
classrooms would not be adverse to the general purpase and i.ntent
of the Zoning Ordinance; '�
BE IT FURTHER RESOLVED, that said candi�.ional use permit far
canstruction af temporary classrooms at Mendata Elementary Schoo].
be approved a� presen�ed and propased, on the condit3.on that:
1. There is a five year limitatian ta use of the temporary
clas�rooms, with a reapplication necessary to renew th� use
of said temparary stxucturss after a period of �ive years.
�,
.
�
L ,
2.
3.
,
The two large trees located near the proposed expansion no�
be removed and that they shou].d be replaced if damaged
during canstruction,
Safety precautions shauld be taken.b.y School Dist•rict 197 to
ensure the safety of chiidran using the slidingjsledding
hill adjacent to the proposed temporary classroams. ,
R
Adopted by the City Council of the Gity of Mandota)
this First day of August, 2989. j
ATTEST:
��.t.�,�.� �''�1��„�..�.�....
athleen M. Swansan
City Clerk
0
P5 �
w
'� .
Hea.ghts
CITX COUNCIL �
CITY t�F MENDOTA HEIGHTS
by
Charles E.
Mayor
ns
��°�'�G���� INDEPENDENT SCHOOL DISTRICZ� 197
,; • ~�` g„ :' , THE BESf PLACE TO LEARN IN NORTHERN DAKOTA COUNTY
�� � -:,. , :< .
LOIS R.00HNEY
� Director of Business Affairs
��s`�oot niss�`�`p . (612) 681-2384
August 31,1994
Kevin Batchelder •
Administrative Assistant
City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118
Dear Mr. Batchelder:
Independent School District 197 was granted a Conditional Use Permit to construct temporary
classrooms on the Mendota Elementary School site in 1989. It was granted with the
understanding that the District apply for a continuance of use after five years. The purpose of my
letter today is to request the contanuance of the Conditional Use Permit for the two temporary
classrooms.
The District has been using the classrooms for school purposes very effectively for the past five
years. Mendota Elementary has grown in enrollment and the temporary classrooms have
allowed the District to accommodate Mendota Heights residents at their neighborhood school. The
classrooms will be used to house a second grade and a third grade for the 199495 school year.
The buildings were located at the back of the school near the northwest entrance to make them
convenient for students needing to access the building, but out of sight of the main entrance. A site
plan of Mendota School with the portables in place is attached for your review. Over the five year
period that the buildings have been in place, the District has never received a complaint from
neighbors of the school regarding the classrooms.
This past summer, the District made several improvements to the Mendota School site thanks to a
bond issue passed by the residents of our District in late 1993. The building has been hooked up to
City water and sewer, it has been completely sprinklered and the fire alarm system upgraded to
meet current code. The temporary classrooms were tied into the new fire alarm system to make
them as safe as possible for the occupants.
DISTRICT �FFICES • 1897 DELawnxE AvEricrE • MENDOTA HEIGHTS� MINNESOTA • 55118
(612) 681-2300 FAX (612) 681-9102 TDD (612) 452-1537
SERVING WEST ST. PAUL, MENDOTA HEIGf{TS, EAGAN, MENDOTA, SUNFISF{ LAKE, LILYDALE, AND INVER GROVE HEIGIITS
The School District has held elections twice over the past eighteen months to provide a
school that would relieve the pressure of added students at the elementary buildings. F
elections have failed. The District, under the direction of its new superintendent, Dr.
Monson, will be addressing the issue of whether to bring a new election to the voters th:
deal with space constraints at our elementary buildings. If an election were to be prop
were to be successful, a new school would not be constructed for at least two years beyon
a successful election. For this reason, the temporary classrooms at the Mendota site a.
for another five years to help the District to accommodate students at the school.
Thank you for your consideration of the continuance of the Conditional Use Permit
temporary classrooms at the Mendota Elementary School site.
Sincerely,
���/ �I ��'L2-�
Lois M. Rockney
Assistant Superintendent for Business Services
Page 2
middle level
winter to
>ed and
the date of
necessary
the
0
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N
�
TO:
FROM:
DATE:
RE;
WINTHRQP & V�EINSTINE, P.A.
Mayor and City Council Members
Eric J. Nystrom
September 1, 1994
0
Fentel v. .City of Mendota Heights/August 17, 1994 Court Order
On August 17, 1994 the U.S. District Court entered an order requiring the Ciry to act
on Sylvia Pentel's application far a varian.ce from the 25 foot height limita.tion impased by
Mendota Heights Zoning Ordinance §$B.4(1) to erect a ham radia antenna/tower configwratian
up to 6$ feet tall. Moreover, the Court has directed the Ciry to mak'e reasonable
accommodations for Pentel's interest pursuant to the Eighth Circuit Court of Appeals' decisian
in th.is case, Pentel v. City of Mendota Heights, 13 F.3rd 1261 ($th Cir, 1994).
By way of background, Fentel originally filed her variance agplicatian in �anuary 1991
seeking a variance from the City's 2S foat height limitation contained in the Cl,ity's Zoning
Ordinance § 8B.4(1). Pentel's initial agplication requested a variance for a
and tower configuratian. However, aiter the Eighth Circuit reversed the District
this case back to the District Court for entry of judgment, we learned that Pentel
antenna and tower that was the subject of her original varianee application. She
antenna and tawer with a different make and model of tower as well as a differ
�r antenna
t and sent
d sold the
laced this
make and
model of antenna. A.lthough Pentel has not "formally" amended her applicatian to; specifically
� request a variance for her new propased antenna/tower configuratian, we have been provided
iwith virtuall all of the technical and engineering information required by the City's� consultants
, Y ,
�
I •
to analyze the functional aspects of Pentel's new antenna and the engineering aspects of the
antenna/tower configuration. Furthermore, even though Pentel's currently� proposed
. �
antenna/tower configuration has a malcimum height of 72 feet, her application
from the height limita.tion of § 8B.4(1) up to a maximum height of 68 feet
Because of the Court's references to a 68 foot tower in its August 17, 1994
Pentel's current proposal to erect an antenna/tower configuration with a ma�cimum
feet, some confusion has arisen as to what the Ciry's obligations are under the
a variance
pending.
�rder, and
�ight of 72
rt's Order.
Based on my knowledge of the relief sought by Pentel which resulted in the Court's�August 17,
1994 Order, the Court expects the City to move forward on Pentel's variance
particularly, even though Pentel now has a different antenna/tower configuration fro�
was the subject of her variance application in Januazy 1991, we believe the City is
analyze the antenna/tower configuration currently proposed to be erected
Furthermore, our consulting experts have analyzed both the antenna Pentel propo�
and the antenna/tower combination.
Action Required
To review and act on Pentel's variance application which seeks to erect an
ion. More
that which
bligated to
�y Pentel.
� to utilize
configuration consisting of a Telex Hy-Gain antenna, Model TH11DX, and a U,�.S. Towers
antenna. tower, Model No. HDX572MOPL. The City's action must be based on the evidence
presented to us, including the analyses and conclusions of the City's consulting
John DuBois and Geoffrey G. Jillson, P. E. Dr. DuBois is a communications
Jillson is a certified structural engineer. Finally, if the City concludes, based
, before it, including the reports of Dr. DuBois and Mr. Jillson, that Ms. Pentel's
neers, Dr.
-t and Mr.
the record
it variance
application should be denied, the City must be prepared to inform Ms. Pentel of Gthe specific
-2-
engineering requirements that are beir�g applied or that must be met before the City
her application.
EJN: cas : STP:13fl{}i i-i
ec: Thamas M. Hart, Esq.
-3-
approve
SHERMAN W[NiHROP
IERT R. WEWSfINE
dARD A. HOEI.
ROGER D. GORDON
SfEVEN C. TDUREK
STEPHENJ.SNYDER
MARV[NC. WGBER
HAR[KULLER
DAVm P. PfiARSON
nton�,►s M. tuEv rv
DARRAN C. KNU7SON
.iOHN A. KNAPP
ER[C O. MADSON
MICHEL6 D. VAIII.ANCOUR[
DAVID 8. MORAN. JR
DONAID J. SROWN
JONJ.HOGANSON
SANDRA J. MAR77N
GARY W. SCHOKMII � FR
Y�DDD B. URNE'S5
77MOTHY M. BARNE'Cf
SCOITJ.DONGOSKE
'P6IERJ.GLEEKEL
EDWARD J. DRENI7EL
JEFFREY R ANSEL
tnuxiati xtaocKe
LLOYD W. GROOMS
NLIE K W[fI1AA1SON
BElSYJ.IAUSHIN
MARKIJOfIN50N
JIIJNIFER W[RICK BRERINGER
BROOKS F. POLHY
Dired Dial
(612) 290-843I
WINTHROP Sr WEINSTINE
A PROFESSIONAL ASSOCIATION
Mr. M. Thomas Lawell
City Administrator
City of Mendota. heights
1101 Victoria Curve
Mendota Heights, MN 55118
Anorneys and Counselors at Law
3200 Minnesota World Tiade Center
30 East Seventh Street
$81IlCPdl11, M1IlIIeSO[a $51�1
Trlephone (612) 290-8400
Fax(612)292-9347
3000 Dain Bosworth Plaza
60 South Sixth Street
Minneapolis, Minnesota 55402
Ztlephone (612) 347-0700
Fax(612)347-0600
August 19, 1994
RE: Sylvia Pentel v. City of Mendota Heights
Dear Tom:
NLE WIDLEY SCHNEL[
IHOMAS H. BOYD
JEFFREY L Stff.OSBERG
JOSEPH C. NAUMAN
DAN�?L G BECK
axcc.t. NrsrxqA+
KRISTIN L PEIERSON
JOANNH L NIKfZEN
EVAN D. COOBS
retoHus e. w,v.�a
GBiAM.GR(rii�.'FOLLE
PATRICK W. WEBER
CHARI.ES A. DURANT
iIMOTHYJ. BEITENGA
cwuc e. sEuxnr
JAMES W. DIERKING
�Y�Y �
St. Paul
Pursuant to our conversation, I am enclosing a copy of Judge Alsop's Order requiring
on Ms. Pentel's application for a 68 foot high antenna tower within 20 days of �
indicated to you, I was quite surprised by Judge Alsop's decision since Ms. Pentel c�
own the 68 foot tower which was the subject of her original application. None�
understanding that the Council intends to take this matter up at its meeting on Tuesd�
1994. I will contact Judge Alsop to determine if we can obtain an extension of his :
until September� 1994 in the event the Council needs additional time to consider 1
2�
In any event, please give me a call after you have had an opportunity to review the
it.
Very truly yours,
L'' J 1V : CaS: STP:12s1741
Enclosure
;
CNtiERINE A. DOMiNGUFS
TE�RESE M. hL1RS0
SU7ANNE M. SPELLACY
TREVORY.GUNDERSON
HLAIR A. ROSENTHAL
MICHAEL P. NORIH
RACt�I. A. ARMSIRONG
MATrtiEW t BOOS
)OSEPR S. FR�BERG
ojco�nrd
DAN�L W. HARDY
ojrournd
to take action
Order. As I
ently does not
less, it is my
September 6,
day time limit
> matter.
to discuss
i
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AO 72 '
(Rev.8/82)
� Sylvia l'entel,
I'laintiff,
I v.
UNITED STATES DISTRICT COURT
DISTRICT OF tiIIN�1ESOTA
THIRD DIVISION
ICity of Mendota Heights,
.
Defendant.
0
� � .
The above-entitled matter comes before the Court upon the
CIV 123
���� .
of the
plaintiff, Sylvia Pentel ("Pentel"), seeking an order requiring the City of Mendota
�� �� � .
Heights ( the Citp ) to � act on her application for a variance to a city zoning
�
ord.inance. The ordinance in �-�uestion limits the height of structures in an R-1 zone
(
to a maximum of 25 feet. On January 4, 1991, Pentel applied for a variance for her
68 foot radio antenna tower. The City� denied her application, and she commenced
this action on March 4, 1991, seeking declaratory and injunctive relief.
This Court granted summary judgment in the City's favor, which' the Eighth
, �
Circuit Court of Appeals subsequently reversed. � I entel v. Cit� of Men ota
` t t Ei hth Circui�'s mandate
H��, 13 F.3d 1261, 1265 (8th Cir. 1994). Pursuant o he g ,
this Court entered judgment in favor oE the City on April 19, 1994. I'�n el filed thc
current motion on July 22, 1994. S}ie claims that th� City h1s refused to act o�� }�er
�„� AUG� 1 7 1994
FRAN i 1S E. DOSAL CLEAK
JUDGMENT ETITD. �
�
OEPUTY CLER �
S
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AO 72
(Rev.81821 �
�
application, 1t1Cj }11S t}�ercby failEd to reasonably acco�r�t�odate hcr, in' violation of
, , , �
tl�c Eighth Circuit s ordcr. Tl�e City cllims t}�at I entcl s current application is moot
, ' 2f �w_.
becausc she rccently sold thc. 6b foot tower and purchascd a 7 oot to er
� • �•
The Court finds that I entel s pending application seeking a var.iance for the
l
68 foot tower is not moot. Although she no longer owns a 68 foot to�wer, nothing
prohibits her from•seeking a variance for a 68 foot tower. Accordin€
will order ihe City to rule on I'entel's' pending application for a vari
fpot tower. In ruling on her application, the City is directcd to ma
' accommodations for I'entel's interests. 'I entel• 13 F.3d at 1266.
y, the Court
for a 68
reasonable =
Accordingly, upon review of the files, motions, and proceedings� herein,
�
IT IS HEREBY ORDERED That the plaintiff's motion is GRANTED and the
� �.
defendant shall act on the plaintiff's application for a 68 foot tower within twenty
(2U) days from the d.ate of this Orc�er.
llATED: August 1 1994
-2-
DOI�TALD D. ALSOI', Senior Jucl
United Stltcs �District Court
613�292 9347
� WINTHROP & WEINSTINE Page 3/12 Job 727 Janl24 Mon 12:12 1994
United States Court of Appeals
FOR THE EIGH1'R CIRCUIT
Sylvia Pentel,
� xppellant,
v. .
City o! Kendota Heiqht�,
�ppellee.
No. 93-1026
, *
*
* Appeal from the Uni
t States Dictrict cou
� !or the Di�trict oi
+ l�finnecota.
*
*
*
Submftted: October 13, 1993
. „ . -
Filed: January 18 1994
Betore 1KcMILLSAN, BOWMAN, and IrAGILL, Circuit Judqes.
BOWi�,N, Circuit Judge.
Pursua�t to itc zor�inq ordinance, the City of Iiendota� Heiqhts,
Hinnesota, denied Sylvia Pentei, an amateur radio operator,
permiaaion to arect a 68-loot radio antenna tower in her yard.
Pantol thQrt auad thQ city, claiminq that the zoninq ordinance vas
preempted by a Federal Communications Commission rulinq�kno�rrl as
PRB-1, which requires the city reasonably to accommodate her
amat�ur eommunicationso The District Court granted� summary
� judgment to the.city,.and Pente2 appeals. Because We conclude that
' the city did not reasonably accommodate Pentel vhen it limited her
to thQ eontinuinq uBe o! her ineifective 56.s-foot ant�enna, we
reverao and qrant eummaxy judqment to Pentel.
;
612'2�2 9347 +
WINTHROP & WEINSTINE Page 4/12 Job 727 Jan-�24 Mon 12:12 1994
I.
Pontsl is an am�teur radio operator vho uses r�dio
eommunications to serve the public interest. After �oha vas
licensed by the FCC in December 1988 to operate an amateur radio
and a 6tation from har hom�, �he inatalled on her rooi a v�rtieal
radio antenna that reach�s a heiqht from the qround of 56�5 foot.
Ovor tho next two year�, Pentel vas unable to establish ralfablv
radio communications vith other amateurs across the United(StatQs,
and she vas able�to �stablish only one international �ontact.
P�ntel oonclvdad that her axistinq antenna thus was not adeqvata
!or domeatic, much lo�s international, communications. �
Accordinqly, Pentel beqan preparinq to install
eophisticated antenna. B'he replacement was to be a ret
eteel towez� that measure� 30 leet when lowezed and 68 t
lu11y Qxt�nded. This tovQr, which PQnt�l plannQd to hav� i
protessionally in accordance �ith its manula
�paciticationa, Was to h�ve mounted on its top t�o dir
�2uminum antennas.'
Pontol vas una�are vhon �he inctallQd her oriqina2
more
whQn
allod
rer•e
ionai
that she was violatinq th� city�� zoninq ordina�ce, vhichllfmite
a'll structuree, includinq radio antennas, to a heiqht of tventy-
=Pentel's proposed aritenna vould be more effective tl
existinq eQt-up for tvo re�sons. First, Pentel'c current v
antenna diseipates signal� fn all directions, while her p:
directional ar�tenna vould concentrate and collect signale
i�creasi»q her ability to transmit and receive in a s;
direction. S�cond, an antenna�e ei�ectiveness increases �
heiqht. Pentel's existinq antenna is blocked by trees. Her
replacement antenna, vhen extended, would be at or near the
nearby trees, thus improving her signal transmission and rec�
-2-
her
eal
thus
itic
its
ller
�6 Ot
ion.
612 292 9347
WINTHROP & WEINSTINE Page 6/12 Job 727 Jan-I24 Mon 12:f1 1994
II.
; We review de novo the district court�s grant of summary
' judgmert. Vnfted States ex rel. Giass v. Medtronic, Zn�.; 957 F.2d
��� _ .,,� R • .. ,,�. . ..• ...; , , . ;,, �
� • �: •���� � Cir. i ' . ;� �Bicau� ��th� partie• ayti : �; , ,' ' o
•i; ' �� • � - � f.' ��ir ��'r, •
, � satsr ���t s are in disput�, summary judqment is approp'ri.a p in
� �avor��fo� the party that ia ontitled as a matter o! ilaw to a
judqme�t in ita lavor. ,g�g Fsd. R. Civ. P. 56(c); ceiotex Ccrn. v.
�atrett, 477 U.S. 317, 322-23, 326 (1986). �
Cases centering on zoninq r�gulations qoverninq amateur radio
antenna tovers present a unique tenaion among the various�parties�
intera�to. Ort the one hand, a local municipality, th�ouqh thQ
exerciee o! its traditional poliae powers, may requlatQ the haiqht
and placomant of radio antenna towerc Qracted in ra�idential
di�tricts. �► municipality�s motivations tor ruch requlation
includo the possibi2iti�s that an anter�r►a may block the line ot
siqht o! pedestrians or drivsrr; constitute a promfnant QyQaore
that also aay interferQ with a ecer►ic view; Pall on noarby
r4�idsna4a; or deczeaso proporty valu�8.
Amat@ur radi�o operators, on the otber 2�and, plainlylhave an
interest in maintaining suCcesmful amatQur communications and in
�uataininq a stronq natwork of radio amateurs. The Ilederal
qovernment's fnterests are aliqned with those ot the amate
amateur radio volunteers afford roliable emerqency prepA
national security, and disaster relieP comiaunications.
, .
there is a direct correlation betveen an amateur's antenn
and her ability successfully to transmit and receive radio
tederal interests are furthered vhen local requlations
unduly restrict the erection of amateur radio antennas.
The FCC �ras attemptinq to referee the tensian
interest� vhen it issued PRB-1, in which it attempted "to
balance betWeen the tederal interest in promoting
�
. -4-
, for
�....�o� �
SQcauaa
heiqht
iqna2s,
do not
these
�i]ce a
ateur
�
612� 292 9347
I
WINTHROP�& WEINSTINE Page 7/12 Job 727 Jan-24 Mon 12:11 1994
operations and the leqitimate interests of local qo�
regulating local zoninq matters." PRB-1 q 22. Att
lccal, federal, and amateur interests, the FCc issued a
has a limited preemptive el�ect on iocal requlatione.
24. The tederal courts ttiat have addr�ssed this ,rulfng
its preemptive effect. See, e� ., Evans v. Baard
�omnt�rs, 994 F.2d 755, 760-61 (lOth Cir. 1993); ��
j���� P��k, Ky•, 779 F.2d,1187, 1188 -89 (6th Cir.
curiam).
Courts applying PR8-1 have discerned two means by v�
may preempt a local ordindnce. first, the local requlat,
preempted on its face. The city�e zoninq ordinanco
conllict o� its face vith PRB-1 because it r�either bans n�
�►� unvaryinq heiqht r�striction cn amateur radio anten
Evan�.,y.�$Qard of Caunty Comm�rs, 752 F. Supp. 9�3, 9
Cclo. 1990j ; Bulchis y. Citv of Edmonds, 671 F. Supp. 3
{W.D. iiaah. 1987j .� •
S�cond, PRB-1 also preempts a zoninq ordinance that
not applied in a man�er ti�at reasonably accommodate
commuaieatione. ,� a s, 994 F.2d at 761; MaeMil -an '
gockv River, �48 F. Supp. 1241, 1248 (N.D. Ohio 1990) .
relused to specfty a heiqht be2oW vhich local governmente
requlate, and instead daclared that "local� requlati�
involve placement, sCrQeninq, or hefqht of antertn�s
health, aafety, or aesthetic considerations muat be c
aeaommodatv reasonably amateur communication9, a�d to rep;
minimum practicable regulation to accomplish the local at
leqitimate purpose." PRS-1 � 25.
�Pentel's argument that the city's ordinance is �
vaguenesa is without merit. ,�g Kolen er v. aWson, 461 t
, 357-58 (1983); Williams w. Citv of Columbia, 906 F.2d 99a,
Ciz. 1990).
-5-
nments in
�eiqhinq
�linq that
;S PRB-1 �
ve uphald
986j (per
ich PRB-2
on may be
doos nct
c imposes
aa . ,�g
6-77 (D.
;70, 1Z�4
city has
amatsur
Th6 FCC
�uld not
t vhieh
�d on
�d to
�t the
ity•s
�oid !or
.S. 352,
998 (4th
612'292 9347
�
WINTHROP & WEINSTINE Page 8/12 Job 727 Jan-24 Mon 12:11 1994`
Initially, we must discuss the�extent to which thi;
requires municipalities to yield to amateur interests.
some courts have evaluated whether the municipnlity
, balanced its interests against the federal qovernment�s
in promotirq amateur communications, see �liiliams v.
�olumbia, 906 F.2d 994, 998 (4th Cir. 1990); MacMilla
Supp. at 1248, ve read PRB-1 �s requirinq municipalit
Iangvaqe
Althouqh
properly
nterests
, 7�8 F.
es to do
more--PRB-1 specifically requires the city to ac�ommodate
r�asonably amateur communicationa.s �gg va , 994 F.2d at 762-63,
Thi� diatination is important, because a atandard that r
city to accommodate amateur communications in a reasonabl
is cartainly more riqoro�s than one that simply requiras
balance local and tederal interests vhen decidinq whether
a radio antenna.
ires a
�ashion
city to
permit
application ot tl�is rQasonable accommodation e'tandard,
hoxQvor, does not zequize the city to ailow the amateur to orect
ariy antetuna she desires. instead, it requires only that the city
"consider[] the application, ma[k)e lactual lindings, and attempt[j
to neqotiate a satislactory compromise �itA the applicant."� ��
y� ,Citv et Burlinqame, 937 F.2d 1376, 1380 (9th Cir. 1991j ;��,
$,�., ��, 994 F.2d at �6Z (statinq that the county vas villinq
to peroit� a crarik-up to�rer, a shorter tower, or a tover loeated
elsewhere) ;�i ??�?��+a, 906 F.2d at 997 (statinq that 1
sugqested a limitation on thQ hours the antenna•could bQ e
and notinq tbat the amataur could apply for a shorter a
Undar t?1i� approach, a local requlation that impairs amate
communications is preempted as applied if the eity has not
it "to accommodate reasonably amateur communications" whi
. sl�t various places in PRH-1, the FCC states t�
considering the issue begore it, it veighed federal and
operator fnterests aqainst those of local governments.
balancing these interests, the standard that the FCC conclt
appropriate was tAat a locai qovernment must reasonably accc
amateur radio communications. ,�gQ PRB-1 q1 22, 24.
-6-
;
city
�nded,
�nna) .
radio
�Att�d
usinq
st, iA
�mateur
�►tter
!ed Was
uaodate
. I '
612 292 9347 WINTHROP & WEINSTINE Page 9/12 Job 727 Jan-`24 Fri 12:12 2004
� ��the minimum practicable regulation [necpssaryj to accomplish the
locdl authority's legitimate purpose.�� PR8-1 � 25. r
Tha city fnformed Pentel that her application had been denied
vfa a bara-bonas latter that did not list any basea tor ttia donial.
Because the city council lailed to make any tactual tindinq�,� �ee
White Bear Rod � Gun Ciub v. Citv of gugQ, 388 N.W.Zd�739, 742
(Miruz. 1986) (holdinq in a caso revia�inq a city cvuncil�s denial
of a dpecial-use permit that a cryptic listing of reason� for tbe
denial did not constitute factual findings); VanLandachoot v�. c'i^ty
ot Kendota Hej,qhts, 336 N.W.2d 503, 509 n.7 (Minn. 1983)�(stating
that variances and �peeial-use permits ar� treatad identically on
judicinl review), ve need not consider vhethez, if it had, such
findinqa would be afforded prec2usive effect here, see Univers tv
o! Tenn. v. Elliott, 478 U.S. 788, 797-99 (1986). �
1�lthouqh the city tailad to make any tactual tind;
planninq report and heari.nqs suqqest four potentia2 justi;
�or the city•� denial o! Pentel�s varfancQ application.
turn to those justitications. First, the city had no �
lear that the antenna vould fnterfere wf.th other r�
televieion and radio reception; the city�s planninq repo�
that Pentel was prohibited by the FCC from cau8inq, and
could loso her license if che failed to �orrect, such a�
Second, the city vx�rossed concerns about the tower!
in liqht of tho stronq �inds that frequont the Missisaip
vallgy. � Pentel preaented to the eity the manufa
�s, the
:atioas
we nov
son to
w s.,«a ,
atates
at ahe
�afoty
i Rivor
ttirQY' � O
�liendota Heiqhts, Minn., Zoning Ordinance S 5.5(5)� (1981)
statea that the city council�s action in denyinq a variance
application "shall constitute a lindinq and determinatien�by the
City Council that the conditions required fvr approvalido not
exist." This conclusory langvaqe does �ot provide a court with any
documented, enumerated lactual findings te revie�. The city may
have made factual findinqs for its purposes, but it has iot �or
ours.
-7-
�
612 2.92 9347
WINTHROP & WEINSTINE Page 10/12 Job 727
Janl22 Fri 12:12 2004
specitications, �hich rate the toWer secure in eighty-mi
vinda. •althouqh the city
produced by manutacturers, it dec1ined to do so in thf
; s�ddition, the tower vas retractable, and the city co�
. -
e-per-hour
case. In
t it whenever bad veather threatened.� MozeovQr,
' the city in 1987 allo�aed a nearby amateur radio operator to erect
' a�imilar tover, a�d that one rrns closar to tha opvrator�a prop�rty
line than Pentel�s �as to be.� The record betore us thue does aot
establish a tactual basis !or the city�s �afety concerris.
Third, the city Claims that ft belfeved it (reaeonably
accommodated Pontel becauaQ �he already �uacecefuliy anqaqaa in
smateur communications. Pant41 gubmitted vith her application a
letter ot commendation for her public �ervices. The city�s
: planninq report concluded that this letter demonst�atQd the
adequacy oP Pentel�� current antenna. Pentel has pointed out,
however, that the public sarvices cited in the lette � wara not
relatod to tha amateur communications fn which she engaged �rom her
hot�e. In fact, the lettar makes it clear that the ameteur
communicativns tor �rhich Pentel �ras to be commended veYa Co�duCtad
at the 7�ir National Guard bace in Kinneapolis.
In addition, the mayor and some members of the citiy eouncil
indicatad in their depositions that they coneluded trom� Pentel�s
statemente at the bearinqs that ahe already was comm�ur�icatinq
effectively, albeit not to the extent she desired. The.hearinqs�
ninutes indicate that Pentel stated that she vas able to reach only
sporadically various places in the United States, and that her
eurrent antenna did not alloa reliable long-range transmissiona.
whan prompted, Aer attogney reluctantly attempted to quaitily the
communications: he characteri2ed Pentel's current chances !or
makinq contact at 40 percent, and estimated those chancea�at 80 to
90 percent with the improved tower. The context ef these remarks
and pentel's other str�tements indicate that these chances ot
success referred to domestic communications only. `
-8-
0
612 292 9347
WINTNROP & WEINSTINE 'Page 11/12 Job 727 Jan�02 Fri ]2:13 2004
Thie quanti�ication o! Pentel's ability to commL
tboZoughly mischaract�riZed by the mayor at his deposit
, he st�►ted that Pentel vas able to ccmmunicate varldwid
, pQrce�t of tbe time, but that she wanted Ca have reliabl�
; Cammunications z00 pegcent o�' the time. one city coL
, understood Pente2�s a�atements reqardinq her transmissic
but othare demonst=ated a fuZ�y understandfnq, at best, �
cituatiatt. �ilthouqh what � constitutas� "�uccQcs�ul
co�atmunicat�ions is dilt'ieult ta quantify, the �vidence in
does not �ustify a findinq by thr� aity that Pentel�c o
snablad her. "suca�►ssfully" to enqaqs i» amat�ur ccmmun�oa
th� ci'�y vae unreasonable it it 6o found. on the record
tbt cit,yt� fir,�t thrQe coaeerna 2ack tactual supgart.
Tho city�s last rea�on !or denying Pentel's applica
the axttenna ta�er �rau2d be unsiqhtly, rests on ;
considezationa and is dif�icult for a Yevievinq court to
Thi�c rr�aeon is undereut, hovever, by the city�s willj
allov Pgnt�tl ta keep her present raat-mounted antan
reachoa a baiqht only aliqhtly belov that og her propoa�
tover, and by the city�s allowanca af a �imilar ante
nearby. We acknov2edqa tbg pas�ihle aesthetic difteren<
an a�t�rina tover and a root-mounted antenna, but the
indica�ion in the record that the city attempted to
compromfsa that wauld have accomatodated Pantelfg
communications.
Tht c#.ty's decisfo�t to grant a vaxiance that allow�
eontinun•using a vholly inadequate antenna does not ccni
i.cate was
.an, uhare
64 to '70
vorld�ride
cf2membar
� euccess,
'Penta2rs
amatsur
ha recoxd
3 antontta
.i.ona, arid
e!o=4 u�,
�on, that
tb�f octivQ
valuate.
�ness to
, vhich
antenna
a tover
betv�an
is no
ind any
amat�ur
�r�ts1 ta
tu�e an
accommadation in any practical sense. In addition, bacausa th�
city did not reasonab�.y accemmadatQ Pentel, it obvioualy�did nat
usQ tAe least restrictive meana available to meet it,� legitimate
zoninq purposes. we tharefore hold that the city's� zoning
ordinance as applied in this c�se is p�ceempted by PRB-1. �
_g�
612 2�2 9347 WINTHROP 8 WEINSTINE Page 12/12 Job 727 Jan-02 F�i 32:13 2004
WQ axhort the parties to work tcqather to arrive at a
' satisfactory solution to thi8 contrcvers�r. PRS-1 requires tha city
raaaonably to accommodate Pentei's needs as an amat�ur rzdio
� operatvr; vhat� is allowed is the ��minimum practicable regulation
�(neceseas-yj to accomplish the local authority�c lagitimate
purpose." PRS-1 � 25, The •District Court'B grant o! summary
judqmant to the city is reversed, and the cace is remanded to the
Dietrict Court !or th� entry o! cummary judqment in �lavor of
Pental. our deciaion dooe not moan that th• eity n�cassarily must
qrant Pentel'e applicatfon as it now stands, but it does �ear► that
the city must make a reasonable accommodation for her intereets
l� trus copy.
a►ttest:
CLERK, U. 8. COURT OF a1PPEALS, BIGHTH
-io-
�
;iRcvlT.
APPENDIX "B"
� �.l
�,- �
�
Before the
Federal Cocnmunications Corx
Washington, D. C. 20554 .
! rt tAe Matter of ) •
}
� Feder�l preemptlon of stete �nd ') PRB-1
.. - Icxat re�ulatlons pe�-talniag } �
tc Msateur radlo facllitles. )
••.; � ' I.�t�AORAPLDl.R�A QP!_N 1 ON ND Ui�DER '
. ;
;,.�";~� Adopted: September 16, 1985 ; Released:5eptember 19� 191
By the Commisslon:Commisaioncr Rivern not participatiag. I�
�c a�-�
3b14�
t3i�C�t_� �
1. 4� Ju ! y_16� 1984, the A�ner �an Rad lo Ra lay L�ngu�, I nc. URRL)
t i led a Raquest fa� 1 ssuance af a Dec iaratory Ru I lag ask tng us ta� d�lin�rata
the i Imitet lons of loca 1 zon Ing enG other locel and stet� ragule�ory
authar�tty ovec� �ede�-aliy-11ce�sad redto facilCtl��. Speclfkeily; tA� I1RRL
wanted en exp I Ic It stetement that • wou IG preempt a I I loca 1 ord Inan�$s wh kh
provab ty prsc lude or s ign tf tcant ly tnh Ib 1# eifecttvet ret leb t+� ama#eu� red lo
cammun Icat tons , The 11RRt +acknow tedges thet ioca 1 authar ities can �egu iate
emateur tnsta !!at lons #a lnsu�e the sefety a�d hea Ith of p�rsans In th�
commun tty, but be I l�ves that those ragu la# ions cannot be sa r�str�lc#xva
thet they prec lude effective amateu� cortmunkatlons. �.
2. Interested partles were advlsed that they couid flle camwnts
t n# he matter �•' W Ith extens lon, conr�►es�ts +rec'e due an ot' be'for'e �
Uecember 26, 1984 �. with reply carmants due an or beforw January 25. 1985 �•
Over s tx#een hundred coaiments xere ifleG. } �
1 Pub I Ic Natice, August 30, 1984, M(meo. Np. 6299, 49 P.R. 36
September 14, 1984.
2 Public Notice, December 19, 1994, Mimeo Na. 1498.
3 Order, Navember 8, 1984, Mlmeo. No. 770.
f13,
:YM. #:.R: ...:,
2
3. Conflicts between amateur operatars regarding radlo antennas and !
locai autt,arttles regarQing restrictive ardtnances are cc�mon. The amateut
operator Is govErneC by ihe regulatians contalned In Part 97 of our rules.
ihose rules da not iimtt the height ot an amatea� antenna but #hey require,
for aviatlon safety reasons, that cartain FAA notiflcatlon and FCC approval
procedures must oe ialto�red far antennas whlch exceed 24Q feet In height
above ground levet or an+ennas which are to be erected r�ear airports. Thus
unaer FCC �utes some amat�ur an#e�na support structu�es r�equlre obstructlor
marktng and llghttng. On the ather hand, loca! munlctpaiittes or gavarntn�
bodies frequentty enact regulatfans Ilmiting ante�nas and thelr support
struCtures tn hetght and fxat3an, e.g. ta side o� rear yarGs, for #eatth,
safety or aesthe��c conslderatlons. These Iimlt(ng �egulatians can resutt
in conf! Ict because the effect(veness of the cannunicatians that emanat�
from an amateur radla statia� are dtrectiy depenaent upot� tha ixation and
the helght of the antenna., l4nateu� apera#ars roalntatn that they are
prectuded fram operati�g tn certatn bands allaca-ted fa- thetr use. if the
height of thefr antennas Is Iimited by a lacal ardinance.
4. Examp les of rsstr Ictive locai ordtnances rcere submitted by severa
ama#eur aperators !n this prc►;eeding. Staaley J. Clchy, San Diega,
CaFifornta, noted that 1n San D�ego a�mateur radlo antennas cane un�er a
st�uc#ures ruting which llmtts bulldl�g heights to 30 fieet. Thus� antenna:
there ara alsa lEmified to 30 fest. Alexander Vreaias, Mundefein, 1lltnals
wrote that an ordtnance of the Ytilage of Mundeleln p�ovtdes that an anten�
must be a distance tran tha property line tt�at is equal #o ane anG ane-hai�
times its helght. In his case, he Is Ilmlted to an antenna tower for his
amateur s#atton jus# over 53 ieet in helght. .
5. John C. Chapman, an amateur ltving ln 8loomi�gton, Mtn�esata,
commented that he kas nat eble to obta►n a buiidtng permit to instail an
amateur radlo antenna exceedtng 35 teet In helght because the 6loomingtan-
ctty ordtnsnce restricted "structures" Aalghts `c 35 fest.• Mr. Chapmaa sa
th at the ar d I nance, K hen � r itten, undoubteC ly app I led to bu t Id Ings but w as
narr being applied ta antennas t� the absence of a speciflc ord4nance
�egu lat,ing them. There were tvro options open fio him if he wanted to engagE
In amateur cammuntcatlons, He could reques# a varlance to the ordinance b�
way,of a hearing before the City Councii. or fie cautd abtaln affidavits frt
his netghbors swearing that they had no obJectlan ta the proposed antenna
Instatiation. He got the bultGing permit' atter obtaining the coapers#lan �
hls nelghb ors. His concern. however, Is that he had to get permisston froc
5evera! peopie before he coutG effecttvely engage In �adla coarr�unlcatlons
for w h ich he had a va 1 td FCC amateu� ( icense.
. , '� 3
� 6. li� 3�ditic� `� he��ht restrlctlons, other limits are enected by
tocat ,]urtsdlctlons--anti-=itmb devices an #orrers or fences around
them; minlmum distances trom high voltage pawer 11nes; minlmum distances
ot towers from property llnes; and �egulatlans pertatt�lag to�tAe structural
srau�dness ot the antenna insta'tatian. By and iarge, amateurs do not flnd
tnese safety precautMons obJectl�nable. What they do obJect�ta ore the
same#imes prohibitive, non-refundahte appllcatiaa #titng fees ta d�tata a
pe�mlt to erect an antenna InstallaTton and those provislons �in ordinances
whlch regulate antennas far purety aesthe-ic re�asoRs. The� amateuts contend,
almost universatly, that "beauty ts in the eye at the beholde�r." They assert
that en antenne (nstallatlon I's nat more aesthet(cally dtsple�asing than
ather objects that peo�le kEep an thetr pr�cperty, e.g. ma#or homes,
trallers, plck-up tructs, solar callectars �nd gerdening equipment.
: • � �
7. Amateur ope�afiors atsa oppose restrictions on their
operettons which a�e contained in the deeds tor thelr homes o
apartment leases. Stnce these restrtctive covenants are carit�
agreements between prlvate pa�ties, they are not gene�ally ai
of caacera ta the CcKnrr.lssion. NaMrever, stnce some nmateut-s x
commented In thls proceeding p�ovided us ►rith examples of res
cavenants, they are tncludad for tnfarmatton. Mr. Eugene {}.
tioliister, Caitfor-nta tnciuded In his comments an extroct of
Oeclaratlon of Cuvenants and Rsstrlc#lons for Rldgemark Estat
of San Benito, State of Callfarnia. If provides:
Fta aatenna for transmisslon or receptton of radia
signais shall be erected outdoors for use �by any
cf�relling unit except npon approvai of the Qirectors
No radio ar�televlslon signals o� any other form
of electranzgnetic radlatlo� sha!! De permltted fo
ortgtnate fram any Iat whtch fiay unreasonabiy
Interfere Ktth the receptlon af televlslon ar
radic stgnals upon any o#har iot.
Marshali Wiison, Jr. provlde� a copy of the restricttve COYBA
In•deeds for the Betl Martin Addltlon /Z, Irving, Te�cas. It
upan al! of the oxasrs or purchasers of the tots In the sntd
his or thetr hel+rs, executors, admintstrators or asstgns. it
No antsnna or tawet sha11 be erected upon ar►y lot
fo� the puraoses of radia operattans. .
Wil,tiam J. Hamilton resldes In an apartment building I� Glads
He cttes a clause In h!s (ease prohlbtting the erectlon of an
maTeur
In thei�
actual
rlctive
'homas af
, County
t cantatned
bindi�g
9ttton,
e, Mlssou�l.
tenna. He
� ' 4 � � .
states that he has been forced to glve up aperating amateu� radio equlpment
except a hand-helrf 2 meter {144-148 MFiz} radta t�aascaiver. He �alntatns
that he shau(d not be penallzed Just because he ilves in on apa�tmant.�
Other restrictive cavenants ��e tess global tn scope than those cited above.
For example, Robert Webb purchased a home in Houaton, Texns. `N!s deed�
restrtction prahib(ted "transmtt#tng or recetving antennas extendtt�g afave
the raof ilne.�� �
8. Amateur operators generally opPose restrictive covenants for
seve�al reasons. They maln#aln that such �estrlctions !imlt the places thafi
they can �eside if they want to pursue thelr hobby of amateur radlo. Some
state that they Impinge on first Amendment rlgh#s of free speech. Others
be!leve tha# a constit�:tional right is betng abridged because, in their
vlew, everyone has a right to access the airwaves regardless af where �hey
llve. .
9. 7he contr$ry betief held by housing subdlvislan communi#{es arid
candominimum or homvowner's associations Is that amateur radia tnstallations
canstitute safety hazards, cause Interference Ta other etectranlc equlpnent
whtch may be aperated in the hame ttelevistons, radic, stereos} or are�
eyesores that d�tract fram the aesthetic and tasteful appearance of the
houstng dsvelopment or �partment co:lplex. To counteract #hese �egative
cansequences, the subdivlsions a�d assaciatlons include in thely deeds�
leases or by-laws restrlctlons and Ilmitatlons on the lxation and helg,ht
of antenna� or, in some cases, prohibtt thern aitogether. The restric#i've
cavenants are contalned (n the cont�actual agreernent entered into at th}s
tlme of the sate or tease af the proparty. Purchasars or iessees are free
to chaose khether they wlsh to reslde where such restrictlons c►n amate#r
antennas are in e#fe.:t or settic• elsexhere. �
R►. �. .nn-1
10. The Department af Oefense (DOp) supported the ARRL and emphasl#zed
tn its camments that contlnued success af exlsting na#ional securtty and
emergency preparedness telecommunlcat(ons plans lnvolving amateur statl�ons
hauld be severeiy dlmtntsheG If state and local ordlnances xere aliowe� to
prohibit the constr�.�ctlon and usage of etfective amateu� transmisslan
tac(!lties. UOD utlitzes vo{untee�s In -hE MII(tary Affiliate Radta Servtce
tMM^S)A� Civii Atr Patroi tCAP) and the Radto Amateur Civil Emergency S#ervtce
(RAC�S). It polnts aut that these volunreer communicators a�e operatin�g
raGto equtpment (nstalied In thetr homes �nti tha# undue restrtctions on;
4 N�ARS is solely under #he auspices of the mtlitary whlch rec�ults
vaiunteer amateur operatars ta render asststance to it. ihe Gommtssior
is not Invalvea (n the MARS prograr�.
5
ar�tennas by lorai authoritles a:ve�sely affect the(r effo�ts. DOD s�
tl�st tl�e responsiveness of these volunteer systems would be Impalred
tocal ordl�ances Inte�fere with the effectiveness of these Important
natlonal telecommunlcatlon �esQurces. DOD favors the Issuence of a �
that would set Ilmits for local and state regulatory boGles when the
dealing Mith amateur statlons. _
it. Varlous chapters of the Rmerican Red Cross also came farwar
support the ARRL's �equest for a preemptive ruling. The Red Cross w
closely with amateur radlo volunteers. it belleves thnt xlthout ama
ded(cated suppart, disaster rellef operattons wou1G slgniflcantly su
that tts ablllty to serve disaster victims ►rould be hampered. (t fe
antenna height Iimltatlons that might be Imposed by locai bodies wtl
negatively affect the se�vice now �endered by the volunteers.
If '
uling
ere
to
rks
eurs�
fer and
Is that
12. Cities and counties from varlous'pa�ts of the United States filed
� comments In support of the ARRL's �eq�est for a Federal preemptlon ruling.
The comments from the �irector of Civll Defense, Port Arthur, Texas are
�ep�esentative: ,
TF; Amateur Radlo Servlce plays a vitai role rrith
�ur CIv11 Defense program here In Port Arthur and
the design pf these antennas and towers lends
greatly to our abllity to communicate du�ing times
of disaster.
We do �ot beileve there should be any rest�ictlons
on the antennas and toNers except for reasonable
�safety p�ecautlons. T�oplcal stot-ms, hurricanes
end tornadoes are a way of Ilfe here on the Texas
Gulf Coast and good cortimunicatlons are absolutely
essential when preparing for a hurricane and even
more so during recovery operatlons afte� the
hurricane has past.
13. The•Quarter Century Wl�eless Assoclatlon took a strong st
In favor of the Issuance of a declaratory ruling. It tielleves that
preemptlon Is necessa�y so that there wlll be unlformity for all 11m
radio Instailations on prlvate property throughout the United State
14. In Its comments, the ARRL argued that the Commissfon has
the Jurisdictlon to preempt certaln local land use regulations whic
fru�trate or prohlbit amateur radlo communications. It said that t
ap�roprlate standard in prEemption �ases Is not the extent of state
local Interest In a glven regulatlon, but rather the impact of that
regulation on Feae�al goals. Its position is that Federal preemptl
warranteG whenever local gover�men�al regulatlons relate adversely
operatlonal aspects of amateu� commun(cat(on. The ARRL malntains 1
�nd
Federal
�teur
�.
�
�e
and
�n i s
to the
hat
�
�
iocaiitles routlnely emplcy a varlety of land use devices ta preclude�the
lnstalla#!on of etfec#ive �mateur antennas, !ncl�ding helght restric#lans,
canQlttanai use permits, butlding setbacks and dimanstanal timfitation�s on
antennas. It sees a declerato�y �uling of Federal preemptlan as r►ecerssary
to cause raunfctpattties #c accommodate amateur operator needs in tar�d�use
plann(ng efforts. �
15. James C. 0' Conneil, an attarney who has represented several
�mateurs before local zani�g authorlties, salc! that requlring amateur
seek vartances or spectal .�se approvat to erect reasonable antennas u
restricts the operation of am�teur statlons. He suggested that the
C�mmission preempt ZonEng ordlnances �rhtch lmpose antenna heJght ltmt
less than 65 feet. He sa�: that this helght would represent 2 reason�
accommodat 1 on af ; t�e comm�:-1 cat t on needs of most amateurs ar�d the
legttirr�:te concerns of loc:i aoning authorit(es.
� . . � . . ��,� • �
1b. T�;e Ci#y o# l� h.asa, Catl#ornia has a zaning regutatica wht
controls am�teu� antennas. Ifs comments reflected an attemp.t to reac
a balanced view. .
7hls regulation ias aelther the tntent, nar the
effect, af prectu�ing or inhibittng effective and
reliable commun(cations. Such antennas may �e
buil# as tang as thelr constructton does nofi
.unreasonably block vlews or constltute eyesores.
The reasanable assumptton ts.tnat thet-e are always
alternafilves at a given site for diffe�e�t
p! acemen#, and/or methads . i4�r ae: thet 1 c t�-eatment,
Thus, both pubti;. obJecttves of cantrotiTng tand
use fo� the public health, satety, and convenlence,
and proviiltng�an eifecttve cammuntcations network,
can be satisfleC.
A bianket �ultny ta completely set aside local �
contral, ar a r4!!ng +rhlch •ecognlies control anly
for fihe purpose af safety o� antenna constructtan,
would be contrary to ... legltimate local
cantrai.
17. Comments from the Caunty af San f}Isgo s#ate:
While we are aware af the beneflts p�avided Dy
amateur aperatars, �re appose the tssuance af a
preemptlan rull�g which would elevate �antenna
effecttveness' to a post#ion abave al! other
conslderations, We must, however, argue that the
to
uly
af
le
7
Ioca� gavernment must have the abfltty t�•�.Iace
reasanable iimitations upan the piacement and
configuratton af amateur radio transmitting and
recelving antet�nas. Such abitlty is necessary
assure that #he focal declsto�-makers have the
autharity ta protect the pub{!c heat#h, safe#y
aeltare of all cltlzens.
ta
and
tn conctustan, t wouid tike to emphaslze an
tmportant Clfference betKeen your regutatory
powers and that at lo'cal governme�ts. Your
Commisslon�s appraval of the preemptive requests
wou I C estab 1 1•sh a�nat I ana t pol icy �. Howevet�, t�ny
regufiation a�opted by a Iocal ,Ju�isdiction could
be overturned by your C�tnmisslan ar a court If
such'reguiatton was Qete�mined to be
esnreasonabte.
18, 7he C;ty of Anderson� lndlana, summarized some of
that tace ! xal communitles:
1 am slmpathetic to the concerns af these antenna
awne�s and t under�tand that to gafn, the maxlmum
t~eception from fiheir devices, aptimai locatfon is
necessa�y. Hawever, the preservation af •
c�esldentlal zar�ing dlstrlcts as 'tiveable�
ne t ghbor hoods ! s,}eopar-d 1 zed by p t ac! ng these
antennas In front yards oi homes. Ma�or problems
af public safety have been ericauntere�,
particula�ty vlsian block�age for auto and
pedestrian access. in addttton, all communliles ,
are #aced Nith variaus building tat sizes. Many
butidfng iots are so smatl tha# estab#Jshed
setbac�c requirements t!n order to preserve adequa#e
atr and Iight? are vulnerable to the un�egulated
placerent ot thes4 artennas. '
...the exercise of preemptive autho�ity by the
FCC in grar�tir�g this request wauid nat be tn the
best Rnte�-est of the genera! puhtic,
19. The Natianal Assoclatlon of Countles (NACO>,
P(anning Association (APA) and the Natianal League of
problems
#he �1merlcan
Clties (NLC) ell
opposed the issuance of an antenna preemptlan ruiing. NACO e+nph+
federat and state power must be viewed tn harmony and warns that�
Intruslon lnto lacai cancerns of heaith, safety ar�d welfare coui�
the tradltiona! pollce pawer exerctsed by the state and unduty t%
with the legttlmate activl#les of the states. Nl.0 bellevad that'
�sized that
Federal
t weaken
sterfere
batli
8
Federal and local tnterests can be accommodated w(thout preempting
author(ty to regulate the Installatlon of amateur radlo antennas.
sald that the FCC should continue to leave the Issue of regulating
antennas �c(th the local gov���ment and with the state and Federal
� .�
local
The �APA
amateur
20. Ylhen considering preemptlon, we must begln wtth two �
constitutlonal provtslons. The tenth amendment'provides that a�y power`s
whlch t�e constitution elther does not delegate to the United States or
does not p�ohlbit the states from exercising ere reserved to the states�.
These are the pollce po►+ers of the stat�s. The Supremacy Clause, howeve�.
provides that tre constitut(on and the laws of the United States shall�
supersede any state law to the contrary. Article II1, Sectlon 2. Given
these bastc prem(ses, state laws may be preempted In three ways: F1�st�,
Congress may expressly preempt the state law. See ,Jones v. Fath Packlno
�., 43G U.S. 519, 525 (19�7). Or, Congress may Indlcate its Intent to"
compietely occupy a given field so that any state law encompassed wlthi�n
that fleid would Implicity be preempted. Such Intent_ta preempt could be'
found In a conc�esslonai regulatory scheme that was so pervasive that
�!t +rould be reason�ble to assume that Cong�ess did �ot Intend to pe�mit
the states to supplemenf (t. See -ldeit� Federal Savi�s a Loan Ass�n,
v, de �a Cue�ta, 458 U.S. 141, 153 (1982). Finally, preemptlon may be
Narranted Nhen state law conflicts wlth federal law. Such conflicts'
may occu� Nhen "compllance witi: both Federal and state regulatlons Is
a physlcal Imposslblllty," Florlda Lime d Avocado Growers Inc v. Pnul,
373 U.S. 132, 142, 143 (1963), or Khen state IaN "stands as an obstacle'
to the accomplishment and executton of the full purposes an.d obJectives�
oi Con�ress," Hines v. pavidowlt�, 312 U.S. 52, 67 (1941). F��the�more,
federal reg�latlons have the same preemptive effect as federal statutes�.
Eldelftv Federal Savin G d Loan AssoclatlDn v. de la G�esta, s�T,,
21. The situatlon before us requlres us to determine the extent
to which state and local ioning regulatlons may confllct with federat
policles concerning amateur radto operators. '
22. �eM• matters coming before us present such a clear dtchotomy .
of vie�?olr,t as does the instant Issue. The cltles, countles, local
comrr.unitles and nousing assoclatlons see an obligatlon to all of thelr
cl�izens an� try t� oedress thetr concerns. This Is accompllshed
tr.ro�gh regul�flons, crdlnarces or covenants orlented towa�d the healtl
safety ant o�ne�al welfare of those they �egulate.. At the oppuslte
;•ole ara tl,: indlvicual a�ate�� cFeraTo�s and thelr support sroups who
are troubl2d by local regulatlons r�hlch nay (nh(bit the use of amateu�
s�at:ons or, in sorr�e Instances, Totally preclude amateur communication;
Allgned Mith the cperzTors are such entitles as the Depa�tment of Defei
tne hrr:srl=an Red Cross and local clvll defen�se and emeroency organlzat
h•no have ;�unC in Am,�teur Radio a pc�l of skllled radlo eperators an0 �
se,
ons
�
readily avallable backup network. In this sltuatlon, we belleve It Is
� ` approp�tate to stike a balance between the federa) I�terest 1� promoiing
8m8i'8ufi operations and the tegttlmate Interests of �x ai governments
� In reg�tating locai zontng mai-ters. iha corne�stot►a on xhtch we wttt
Fredlcate our ceclslon !s that a rsasonable accomrtadation may be ntacte
k �t�•een the two sldes.
23. Prserrption is primar,ity a functlon of the extent of
between federai and state and tocai reguiatio�. Thus, tn con
whether aur regulatlan� ar pottcles can tolerate a state �egu
may cansfder- such factc�s as the ;�eyerity of the confltct and
underiying the s#�a�e�s regulatio�s. !n this regard, we have
recognlzed the !egltlmate and tmportant state tnterest� refle�
zonl�g regulatlons, For example, (n Earth Satell!#e Communlc
95 fCC 2d 1223 (1983), we recognized that
... countervaiting state interests lnhere tn
the present stfivation ... For exampte, we do
r�o# wJsh ta pr-ectude a stafie ar lacattty ftom
�xerclsing jurlsdlctlon ov8r certaln elements cf
an SMATY operatlon that proper-!y may fat! wlthln
Its authart�hy, such as zontng or public safe#y
and health, provlded the regulatlon In questlon Is
�ot undertaken as`a p�etext fa� the actual pu�pose
of frustrati�g achievemenfi af the preemtnent
federai obj�c+ive and so iong as�the nan-federat
regu}atlon !s apptfed ln a nondtsct-Imiaatory ma�ner.
24. Slmlla�ly, we recagni2e here that there a�e certaln
state and Ixal interests which may, !n thelr even-handed appl
tegitimately affecfi amateur radio fac111tles. Nonetheless, th
aiso a strong fe6eral interest in pr�omoting amateur communicat
Evtdence of thls tnfisrest �nay be iaund in the camp�rehenstve sa
that the Commisslan has adopteQ -to �eguiate #he amateuT servic
rutes set forth procedu�es tor fihe (lcensing of statfons and o
frequency atlocattons, technical standards whlch amateu� t-adlo
must meet and operating practices which �mateur operators must
V+e recogntze the Amafeur radlo servi�e as a volu�tary, nonca►m
cammunicatian service, particuiariy wlth respect to pravidtng
communlcatlans. A4areaver, the amateur radia servtce provtdes
of tralned operators, techntciarts and electroniC expe�ts Nho C
on !n tlmes of natlona! or local emeegenciss, 8y lts nature,
Radlo Se�vlce alsa provides the appartunity fo� lndlvlGual ope
ta further Internatlona! gaodwlll. Upon weighing these Intere
5 47 CFR Part 97.
the con f I lct
Ider inc�
3tion. ra
the rai+son s
-evlauSty
ted in toca t
tlons, lr�c.,
general
cation,
re Is
ons.
at ruies
. � Tho: c
�. �,... .,, f
Bf�U (�ltft6f".
folloK.
rclal
mergency
�reservcir
n be �atied
he Amateur
s, we
10
belleve r. :!mited preemptlon pollcy (s wa�ranted. State and Ixal
regulatioas that ope�ate to preclude amateur commu�tcattons in thel�
communitles are In direct co�flict wlth federal obJectives and nw st be
preempted. ,
25. Because amateur stat(on c�rtununicattons are only as eftective a
the antennas employed, br,tenna helgnt restrlctlons dlrectly nftect the
effectiveness of amateur communicatlons. Some amateur antenna
configurattons requlre more substantlal lnstallatlons than others If the
are to provlde the amateur operator Kith the communicatlons that he/she
deslres to engage In. For example, an antenna array for Internatlonal
amateur communlcatlans wlll dlffer from an antenna used to contact other�
amateur operato�s at short::r distances. We wlll not,•howeve�, speclty a
particular he(ght ilmitatton below which a local government may not
regutate, nor N(II we suggest the precise language that must be contat�ei
In local ordlnances, such as mechanisms tor speclal exceptlons, varlance.
or conditional use pe�mlts. Nevertheless, local regulatlons whlch
Involve placemen�•, screenfng, or height of ante�nas based on health, saf�
or aesthetic consideratlons must be crafted to accortunodate reasonabty
amateur communtc�tlons, and to represent the minimum practtcable regulat
to accomplish the local authorlty�s legitimete purpose. 6
Y
I
,,
ty,
on
26. Obvleusly, we do not have the staff or financial resou�ces
to revlew all st�te a�d !x al I.aws t�r.t affect nmateur operatlons. We aie
confident, howeve-, that state and local governments wlll endeavor to
legls!�+te In a marne� that affords approprlate recagnitlon to the Important
Tederal interest �t stake here and t�ereby avoid unnece:sa�y confl(cts with
feaeral policy, as �ell =s t(me-consuming and expenslve Ittlgatlon In th's
srea. Amateur opers.tors wno belleve that local or state goyernments have
�een everrPachin� a' t`e�e:v have precluded accompllshment of thelr
legttirate communlcaT;ons goals, may, In addiflon, use this document to
�ring our pollcles to �he attention of local trlbunals and forums.
6 l�e retterate that our ruling heretn does not reach �estrictive
covenar.Ts in private contrcctual agreements. Such agreements are
vclun-�rlly er.tere� �:to by the buyer or tenant r�hen the agreement Is
exe;,uTe� and oo n�t .;ually concern this Commission.
0
11
; 27. Accordingly, the Request for Decla�atory Ruling filed
, 1984, by the American Radlo Relay League, Inc., IS GRA1�(TED to the
indicated hereln and, I� all other �espects, IS DENIED.
FEDERAL COMMUNICATIONS COMMISSION
�
Wtillam J. T�icarico
Secretr-ry
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168 N. Lake St. � Forest Lake, Minn. 55025 • Phone 464-7880
September 2, 1994
To Whom It May Concern;
I have not done an appraisal on the property at 556 Fremont '
any of the immediate, surrounding properties. However, base�
background and 18 years of experience as a licensed tee appr�
realtor, I do have an opinion regarding the proposed, as weli
existing, ham radio towers.
Normally, in a residential neighborhood with small lots suc
subject area, ham radio towers would certainly appear to ha
adverse impact on the value of surrounding residential prop
>treet or
ionmy
�iser and
. as
as the
an
ties.
This appears to be due to the aesthetic impact on the surrounding
neighborhood; but additionally, the general publics concern regarding
electronic interference, whether real or imaginary, appears to be
reflected in the marketplace and market prices. �
It would be difficult to put a specific dollar value or per<
that would reflect the negative impact on the market value �
surrounding properties. This appraiser is not an expert em
inspector; however, it appears only reasonable that towers <
nature would create some external obsolescence and thus aff<
value. If I owned property in the neighborhood, I would be
about�the affect on yalue to my property.
Sin erely, ,�
� � '/
� �
; �
�� � , �`J�t -�-s=��'
Gail Ha . edine, Fee Appraiser �
Certified Residential Real Property Appraiser
Minnesota License #4002320
tage
this
t market
oncerned
�� . �rrb ��Q �"
., �,�� �, ,,
� � nS ( .
_,
���
The following taxpayers of Mendota Heights strongly oppose the construction of the
proposed radio antenna t�wer in our neighborhood.
r ; �2/�p�
d
' Name Address Date
� y- �c��� � � a�9 9�
2 �-.�-�C, - `� � G� -�G� � � � '
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-�.ti � � -s.L"l.�ttC�
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10 - ' -. !
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. 13 � � � v -
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16 �,�,� � 5.�.� �����,4- ��1�� kT,a zS � .��1( l -3(i - ��/
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i
� .
. �
�`"�� " ` ` ' �../
`�.
• The following taxpayers of Mendata Heights strongly oppose the construciion of the
proposed radio antenna tower in our neighborhood. ' �� ����
. i ,
Na Address D,ate
� � � �-r � : � � ��- � /�i�'.�- '� / � �1�'�
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�
CITY OF MENDOTA HEIGHTS
I t i •
� August 30, 1994 '
To: Mayor, City Council and City Administr
From: Kevin Batchelder, Administrative Ass' a
Subject: Proposed Revisions to Approved St. Thoma.s Aca
Plans for Fence Location and Concessions
DISCIISSION .
lding
The City has received a letter of request from Nir. Gary
Turpening, Architect, that proposes two minor changes to the
Conditional Use Permit and Fence Height Variance that City Council
approved on June 21, 1994. The two proposed changes are:
1. Relocation of the fence along Mendota Heights Road�from a
thirty five foot (35' ) setback to a twenty foot (20' ) setback;
and �
2. The addition of a brick wall with roof to link the ticket
booth to the concessions building and provide a pop�machine
enclosure.
(Please see attached letter of request dated August 2:
revised fence plans dated August 15, 1994 and revised
booths/concessions plan dated August 11, 1994. Also at
please see June 27, 1994 notification letter to Mr. John
and attached Resolution No. 94-42 approving a Conditio
Permit for Accessory Structures.)
On June 21, 1994, the City Council granted a fence
variance to St. Thomas Academy to allow an eight foot fenc
Mendota Heights Road. The eastern half of this fence was �
to be setback at thirty five feet (35'). This is now pro�
be at a twenty foot (20' ) setback to provide room for track
to be at a safe distance from the discus throw area.
, 1994,
ticket
tached,
Use
height
along
sed to
events
Also on June 21, 1994, the City Council approved� a CUP
allowing the construction of ticket booths, concession stand, port-
a-pottie enclosures and a ma.in entrance gate. St. Thomas�is now
proposing to link a ticket booth with the concession stand by
constructing a brick wall and a roof. This will provide a pop
machine enclosure on the interior at the ma.in entrance. �
This proposed connection will create an exterior
the east, of a wall approxima.tely forty eight feet
Landscaping along this wall may be appropriate.
view, from
(48')'. long.
ACTION REQIIIRED
Meet with Mr. Turpening and St. Thoma.s Academy. If the City
Council desires to implement the requested changes, they should
pass a motion approving these modifications to the approved site
plan.
` I, ;�
,
� 8y
�
, :o
8000 W. 257th
Farmington, MN
Designers of
Buildings and Sp
phone (612) 469-
TUR P E N Z.
� AR CH = T E C 7
. S TUD I O S
Mr Kevin Batcheler, Administrative Assistant
City of Mendota Heights
1101 Victoria Curve
Mendota Heights MN 55118
RE: FENCE REVISIONS AND POP MACHINE ENCLOSURE
ST THOMAS ACADEMY STADIUM
Dear Kevin,
We appreciate
meeting of the
this project
modifications
, working with
requirements.
August
>L��
�
eet `�s;
024 °e
�
ces
519
�7 G
U R E
�td
;22,1994
being put on the agenda for the Sept�emb�r 6
Mendota Heights C'ity Council. The complexity of
came as a surprise to us, and these are
that resulted from going through the process of
many parties on their individual �special
� FENCE: The plan submitted to the City Council earl
; based on standard engineering practice for athletic
Recently we have come to realize that the arrangement
discus area posed an unacceptable danger to the athle
school guests on both sides of the discus area. When
out this area to our new standard the running event
closer to the South Gate.
�
On the original plan I placed the fence at a 35'-0"
because Paul Berg said I had to in the area of the ci
station. City staff believed that that 20'-0" strip
was owned by the City. I researched this problem, an
that St Thomas Academy gave the City an easement at no
We feel that we have a right to place this fence 15'-
the property line. However, I have designed the fE
20'-0" to put it on the easement line and avoid any
digging up of the fence for maintanance of the pu�p sta
.er was
fields.
in the
�es and
ae laid
� moved
setback
Fy pump
►f land
l found
�harge .
)" from
nce to
future
ion.
�
�
Please note that the current drawing actually shows less fence
along the Mendota Heights Road. The fence follows the shape of
the discus area as closely as possible, and runs st�-aight back
from the South Gate.
We have hired Eldon
Architect to work out a
plan for the September
with the Council.
POP MACHINE ENCLOSURE:
Hegelen, a very talented Landscape
mas'ter plan. I will be updating our
6 meeting, and will share his concept
For ease of serving during the intermission rush, it has been
decided serve pop using machines outside the concession
building. The vendor requires that the machines be protected
from rain, which brings up the issue a small roof section_ We
would like to span the 10' -0" between Ticket Booth ��l and the
Concession Stand. There will be a' brick wall at the back of
this area. F.rom an aesthetic point of view the roof will be an
improvement in my opinion. Enclosed is a sketch of this
condition. -
We appreciate your cooperation. When we started this process
we did not believe that we could complete everything this
year.
Sincerely,
--�
Gary urpe ' g, A A NCA
for St Thomas Aca my
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. �, ,�,, � .��.+�ndota Hei�hts
June 27, 1994
Mr. John Greving, Headmaster
St. Thomas Academy
949 Mendata Heights Road
Mendota Heights, NIl�T 55120
Dear Mr. Greving:,,.
I am writing to notify yau that Ghe City Council., at their June 21,
1994 meeting, formall�r approved Resolution No. 94-42, A RESOLUTION
APPRQVING A GONDITIONAL USE PFRMIT FOR ACCESSORY STR.IICTURE AT ST.
THO� AGADSMY. Thia approval af a Conditional IIse Permi.t allows
you to proceed with your plans for constructian of ticket baot�hs,
concessiou s�and, part-a-pottie enclosures and main entrance gate
as proposed in Planning Case No. 94-12.
A copy of the approved resolution a.s enclosed and it outlines the
conditiona which were imposed with �he approval of the CIIP.
The Cit�r Council also pa.ssed a motion granting a variance to fence
height to allow an eight foot fence, as proposed and located in
revised plans dated �Izs1�4. In granting the variance, City
Council Eound that the St. Thomas Academy site is unique in �ha.t it
is not near
necessary to
public.
residential properties and tha.t the fence height is
protect against vandalism and provide security for the
The City Council placed a condition on the fence height variance
that there will never be barbed wire, or similar materials, an the
fence, and that there will not be any �uture requesta to install
such materials.
Your next step should be to contact the Code En£orcement Office to
obtain a buil.ding permit and a�ence permi�. Good luck with yaur
new facilities! �
Sincerely,
�rc,�,�,,`., � ,��:�? �
� �—
Revin Batchelder
Administrative Assistant
cc: Pau]. Berg, Code En�orcement Officer
Dick Gill, Code Enfarcement Officer
1101 Vie�oria Curve -1Viendota Heigh�s, 1ViN • 55118 452 • 1850
�
Cl2'Y OF MIsNDaTA HEIGHTS
DAROTA COUNTY, MINNESOTA
RESOLUTIQN NO. 94- �'�
A RESt3LIITION'APPROViNG A CONDIT=ONAL IISE PLRMIT
ACCLSSORY S2'RIICx"QR�S AT ST: THCiMAS ACAUSMY
Tir1HEREAS, S�. Thomas Aca�em�r '�ha� made app].icatio
Conditzonal Use Permit for Accessory Struetures ta cons�ru
entrance/ticket boo�hs, a tic]ce� booth located at the sout:
Mendota Heights Road, a scfeening structure for rental
potta.es and a canceasians building as propoaed on site
Case File No. 94-�.2; and
WHBREAS, the Meudota Heights Planning Commission
puhlic hearing an May 24, 1994 ta review said applica
�HEREpi�, on May 24, i994 the Pla.nning Commission cl<
public hearing and voted 4-2 to recommend that Gity Council
a Conditional Use Permit to construct:
a. Two ticket boo�hs on the northeast side of their
facility as presented in their praposal to the
Commission, each to be approxi.mately 90 square feet
a.nd
b. One ticket booth at the southeast side o� the
facility as presented in their proposal to the
Commission to be approxima�ely 50 square feet in si
c. One per�m�anent concessian etand not to exceed 240 squa
� to be loca�ed as provided in their propagal to the P
Commission near the maa.n entrance to �he athletic fac
Subject to the foilawing conditions:
l. None af the above structures shal3. exceed fifteen
in height; and
for a
: a main
gate by
port-a-
Lans in
ucted a
a.nd
aed the
�pprove
thletic
Lanning
r� si.ze;
Chletic
ianning
; and
're feet
lanning
ility.
�. \I.�' �
2. Flag poles on the �icket booths shall not extend to a height
above ground in excess of 22 lj2 feet {22»5r); and
3. This grant of conditional use permit be eubject to the same
conditians as set forth in the conditiona7. use permit granted
: by Council with the adoptian o� Resolution No. 94-22 �dopted
March 15, 1994.
WHEREAS, the City Council reviewed said application for
Conditional Use Permit �or Accessory Struct�ures a� their June 7,
1.994 meeting. �
NOW THEREFORS IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Conditional Use Permit for Accessory
Structures is consistent with the general welfare of the citizens
of the community and the surrounding land; and
BE ST FIIRTHER RESOLVED that construction of said main
entrance/ticket booths, ticket booths, port-a-pottie enclosures and
concession st�and is consistent with t�e general purpose and intent
of the Zoning Ordinance; and , f�: ��
BE IT FDRTSER RSSOLVED that the City Council finds:
1. That the proposed accessory structures are a.n upgrade of its
existing athletic facility and that they fall within the
definition of an accessory structure a.nd is appropriately
classified as an accessory structure which could be authorized
as a conditional use under the existing zoning; and
2. That the project is part of a larger plan which includes
landscaping; and
3. That the topography and distance from surrounding residential
areas will be sufficient not to interfere with people's
enjoyment of their own property.
B$ IT FDRTH$R RESOLVSD, that said Conditional Use Permit for
Accessory Structures be approved with the following conditions:
1. None of the above structures shall exceed fifteen feet (15')
in hei:ght; and
2. Flag poles on the ticket booths shall not extend to a height
above ground in excess of 22 1/2 feet (22.5'); and
3. The arched gate/main entrance shall not exceed sixteen feet
(16') in total height, nor an arch clearance area greater than
thirteen feet, six inches (13'6") in height and ten feet in
width.
4. The concession booth and associated food preparation shall
comply with all State of Minnesota Iiealth Department
requirements.
5. There shall be no curb cut along Mendota Heights Road to serve
the south gate.
6. This grant of conditional use permit be subject to the same
conditions as set forth in the conditional use permit granted
by Council with the adoption of Resolution No. 94-22 adopted
March 15, 1994.
7. That any proposed future structure that is expanded or
extended towards the athletic facility shall not i.mpede
i emergency vehicle access.
Adopted by the City Council of the City of Mendota Heights this
21st day of June, 1994. . (
i �
� CITY COUNCIL I
.,,- ,� CITY OF MENDOTA HFIGHT i
gy Charles E. Mertensottc
� Charles E. Mertensotto,�
ATTEST: •
Ra.thleen M. Swanson/s/
Rathleen M. Swanson, City Clerk
,
t
s/
Mayor
, CITY OF MENDOTA HEIGHTS
;
n�20
August
,
TO: Mayor, City Council and City Administrator
FROM: James E. Danielson,
Public Works Director
SUBJECT: Friendly Hills Task Force
DISCUSSION•
At the July 20, 1994 meeting, Council decided to establish a seven member
to work with staff to identify neighborhood street and water problems and concerns
Friendly Hills Street Reconstruction/Rehabilitation Project. This task force will the
proposed course of action to bring back to Council for its review and approval. In
generate volunteers for the task force, I contacted the Southwest Review and Sun N
� for a news release (see attached). Based on these articles, along with Council suggE
following list of prospective members has been determined:
Name Address Addition Vol�
Mike Blake
Debbie Evenson
Bernie Friel
� Robert Gilbert
'� Don Harrington
�
Ruth Hipp
2204 Aztec Lane
2130 Fox Place
750 Mohican Lane
777 Keokuk Lane
2147 Aztec Lane
2124 Aztec Lane
1 st
1 st
3rd
3rd
lst
1 st
1994
sk force
ir the
develop a
der to
the
s
- Former home, now
rental prop.erty -
current address -
1572 Boardwalk
- for curb & gutter
- Retired Civil Engr.
- Origi.nal Owner
r �
Fred Lambrecht
John Maczko
Ralph Myhrman
Doug Wenzel
2182 Aztec Lane
751 Cheyenne Lane
736 Navajo Lane
739 Pontiac Place
0
lst
2nd
3rd
3rd
- Structural Engineer
- for curb & gutter
TIlV� FRAME
Establish Neighborhood Working Group (NWG) September 6, 1994
Work with NWG September - December
Bring recommendations to Council Jaauary 1995
for approval and set public hearing
Hold heari.ngs with entire neighborhood February - March
Design Project Spring 1995
Construct Project Fall 1995/Spring 1996
ACTION REQUIItED:
Appoint a neighborhaod working group to work with staff to identify and solve
problems and determine a recommended course of action for the Friendly Hills Street
Reconstruction/Rehabilitation Project (attached is a proposed agenda).
FRIENDLY HILL5 STREET RECONSTRUCTION
TASB FORCE OUTLINE
INITIAL MEETING AGENDA • �
1. Neighborhood History '
2. Background
a) Project Area. Map
b) Present Current City Improvement Funding Policy
Streets
' Storm Sewer
3. Identify Improvement Design Goals
a) Street Width
b) Street Surface
c) Surface Drainage
' d) Subsurface Drainage �
e) Safety
fl Maintenance
g) Property Values
h) Improvement Service Life
i) Aesthetics
j) Other Considerations
4. Rank Street Options in Achieving Design Goals
a) City Standard Residential Option
b) Retain Ditch Section
5. Task Force Directed Preliminary Design Option Cost Preparation
0
�.
J" • - i
POSSIBLE SUBSEQUENT MEETING AGENDA
1. Presentation of Preliminary Project Design Option Costs to Task Force
2. Presentation of Preliminary Project Desiga Option Funding Cost Breakdown
3. Preliminary Project design Option Assessments
4. Task Force Adoption of Desiga Option
5. Establish Improvement Project Time Line
6. Neighborhaod Notification of Task Force Recommendation
7. Task Force Design Option Recommendation to City Council
y
A
i
CITY OF MEDTDOTA HEIGHTS
1 i •
August 30, 1994
r.
TO: Mayor and City Council
FRObS: Tom Lawell, City Administ
,SIIBJECT: Mendota Interchange Road Noise Concerns
DISCIISSION
' At a recent meeting Council discussed the ongoing M
Interchange project and the Minnesota Department of
Transportation's plans to reopen the roadways later thia
During the discussion a number of concerns were expresse
regarding the noise impacts of the new roadways on nearb
� residential areas. It was suggested that staff prepa're
to MnDOT putting them on notice of our concerns and requ
certain design measures which might help alleviate the
anticipated noise problems.
Attached for your review please find a letter add
MnDOT Division Engineer, Charles Siggerud, expressing
concerns relative to this project. The,letter also re
opportunity to meet with MnDOT to further discuss our
and possible remedies to the anticipated traffic noise
, ACTION RLQIIIRLD
�
letter
ting
sed to
sts an
cerns
oblem.
Council should review the attached letter and offerfany
suggested additions and/or deletions. Council should then
authorize the Mayor to sign the letter on behalf of the City and
direct staff to forward the letter to MnDOT. (
t
f S
C ity o�
.... , 1Viendota Heights
DR,�►FT Se t
p ember 7, 1994
Mr. Charles Siggerud, Division Engineer
Minnesota Department of Transportation
1500 West County Road B2
Roseville, NIlv 55113-3105
Dear Mr. Siggerud:
The City Council of the City of Mendota Heights has been
monitoring the progress of the Mendota Interchange construction
project over the past several years and wishes to go on record
expressing our concern about various aspects of the project.
More specifically, we are concerned a.bout the impacts the newly
rebuilt roadways, particularly that portion of TH 110 from
Lexington Avenue�to TH 55 and the portion of TH 55 from Acacia
Drive to Mendota Heights Road, will have on nearby residential
areas.
As evident from the construction, the width and grade of
both TH 110 and TH 55 have changed dramatically compared with t�he
preexisting roadways. In the case of TH 110, the roadway
reconstruction has required the installation of a massive
retaining wall along the south side of the road which has already
caused increased vehicle noise levels in the area due to the
reflec�ive nature of the retaining wall. Once the roadways are
reopened to traffic, we are greatly concerned about the overall
anticipated noise exposure levels. The conversion of many
roadway surfaces from blacktop to concrete also threatens to
increase the expected noise levels.
Previously we have gone on record indicating to MnDOT
that the roadway rights of way in the area will need considerable
landscaping to allow them to aesthetically mesh with the
surrounding land uses. In reconstructing the roadways, ma.ny
mature oak trees were removed from the area. In addition, the
product of a prior community beautification project-- dozens of
ma.ture flowering crabapple trees -- were also removed as part of
the reconstruction. Suffice it to say that the reconstruction
project has significantly altered the complexion of a large
portion of our community.
1101 Victoria Curve • 1Viendota Heights, 1ViN • 55118 452 • 1850
s 'a �
Mr. Charles Siggerud
September 7, 1994
Page 2
DRAFT
In light of the emerging road noise problems, we n
that the proper landscaping treatment of these roadways
more important. The sound dampening nature of certain
plantings, along with the visual barrier created by the
landscaping plan, will go a long way towards addressing
otherwise would prove to be a major community problem.
� �o��� �
In order to address these concerns in a/jproactive �
request a meeting with you and membera of your staff ;to
desigri ��ec� e—an�-i-c-i�a�ed—rt� e
At that eeting we would like to explore with you the c�
i
landscap-ng the area roadw ys consis� W,�a ��Parkwayn
TnTe hope that by � e noise i
associated with this proj ect, we can ' .s�d�-r�
publ� c displeasure when the roadways reopen. Please cont
Cixy Administrator, Tom Lawell, to arrange for a meeting
f��irther discuss this issue. We look forward to working w
this matter of great community importance.
� u�
� �
,i�
,�� ww�
���� r����
cc: Tom Lawell
Sincerely,
CITY OF MENDOTA HE
Charles E. Mertensotto
Mayor
feel
�� even
:cies of
�oper
.at
.ner, we
plore �@u�.�
ga-�t s .
ept of
design.
pacts
Q �S
ct our
0
th you
d
.
1 . / ' ' I
� (Minnesota Statute 169.14) -. �
Minnesota's speed regulations are . rd _•_�
on the same Basic Speed Law that is _,:�s;
used in all� 50 states: "I`�o peison slialT�'' N; -
drive a vehicle upon a highway at a�- �. -";;=
speed greater than is reasonable or pru- .;; '�. �
dent having due regard for weather, visi- '�;
� bility, the traffic on, and in no event at a{��
speed which endan gers the safe t y of per-; P:.
sons or property." , � �' �
_ .+�Y�.
The following principles are behind this law:R=�
• Laws are created for the protection of ;�:�
the public and the curbing of unreason-�'��.
able behavior. �-'�
;��i�
� To effectively enforce a law, the public ;;�;
must believe that the law is reasonable.'�:''
The Basic Speed Law recognizes that most ��'
drivers use basic common sense and will
usually drive at a safe and reasonable
speed for existing conditions.
. , . . ,.. .--. •�.
The law establishes the following m '
��:
speed limits in Minnesota under normal dri-. �;:
ving conditions. These limits are in effect
with and without signs posted: `� �:�.=
• 10 mph in alleys . ' �
• 30-mph in urban districts _ �; �'�
• 65 mph on rural interstate highways �:.
ICCCJ�lU1C,� Vl LL1C �JIJJLCCI ,(JCC4 illlllly 411UC1
the Basic Speed Law, the driver must always
��ice speed to one that is reasonable for
�_,sting conditions and surroundings.
--Driving faster than any of the described ---�-
speed limits is illegal and the driver may be -'
legaIly charged for speeding.
. .. - .. .. :
- '-i . � i--� .
The.commissioner of transportation sets
regulatory speed limits on state and local �
roads based on a thorough engineering�nd
traffic investigation. �
These factors are considered:
• road type and surface
(curve, hill, etc.)
• location and type of access points
(intersections, entrances, etc.)
• sufficient length of roadway
(1/4 mile minimum)
� existing traffic control devices
• (signs, signals, etc.) . �
• accident history .,
• traffic volume • '
• sight distances � -
• test drive results '
• speed study
111�.Q1 al1Gi1�/J1J 1J {1V11C Vll LL1C 1CSWI.S !,V .
determine the 85th percentile. 'I'his is the
value indicating the speed under whic}-
most (859�) drivers are travelling. :.. �
Experience has shown that a posted speed
limit near this�value is�the safe and reason=
able speed. �� � ,:��k:; . .
�
Engineering judgment is a very�important
tool. T'he traffic investigator.: must use
knowledge of nationally accepted principles
combined with experience to assign. the
safe speed. � . . _ = .. : -. , ;� � ,,' ; .
.. , �.;. :,.
REGm.ATORY $PEED LIM1T $IG1Y .'�
This black and white sign �..:. . SPEED
shows the maximum speed , LIMIT
that a motorist may travel� ��
under ideal conditions. It �
must be authorized by the _
commissioner of transportation.: .
ADVlSORY SPEm PLATE ' ` • _-
(always posted with signs) 'The �most important part of the traffic inves-
• 55 mph in other locations ' `' tigation is the speed study. When choosing �
(set in T974 to piomote en�rgy _.. a-speed,-drivers-take-many-roadway-envi-b---�-----�-
conservation) � ronment factors into consideration.
'� Therefore, the speed that the majority of
However,`when these s eed limits are not �'`;�
P people consider prudent is an important
appropriate, the commissioner of trans- Y; value. Data is collected by performing radar
portation may �authorize the posting of other checks at selected locations on the road- •
regulatory speed limit signs if requested. way under ideal driving conditions. A tech-
. This black
� plate is,
low spe�
advise
a. comfort-
o navigate
ons..It is
r'` used''with a warning sign.
�:�r'For,instance, when travel-
;�;y:._ �• ,,;�. yy�,
�� ling on a winding.: road,
;_��,. <
��.,°-tlie curve warning sign
dwould be used with an
advisory speed plate. This
local road authority on local
roads.
_ SCHOOL
�= SPEED
= LIMIT
= 20
ScFtooL S�n
scHooL zor�s
_ .. ..._ z�
These can be:;e
by the local. _noa
:,R_.� .
on local roaag i
zone. 1
limit is
childreii are pTeserit, such
� ; r�:,.; ..
' CFIILDflEN as before�,�"and-after school
e
` AH6 PRESEHT or dunng recess. The
� school'plate is black and
� yellow and the other signs
�I-;�,}"�° �.��:''".;t�• are black and white.
�(�_`� 4t,, ��'Yi'�:'wWC.f .
m WoRx Zor�s
Advisory speed limits are
�;;.,,��:
.used to identify safe .,,
:speeds for specific con-
ditions wifihin a work
zone. These black �and
orange signs are alway:
used with warning sign:
The local road authorit�
can post these pletes `in
work zones on local '
roads. • , -
• Work zone speed limits are short term
regulatory speed limits that are estab-
lished for-'worker,safety
due tortc�affic;ui ad�acent
:WORK�{
�ZONE k
SPEED
LIMIT
40
limits
to
ed',by=ttie�local road
;aut�iontjr�iri active work
z..,�,,�^._y�q.,,�,•, �_
ones •oi� local roads.
,: R.�.,_r�.,.
The ;work zone plate is
�.:,, ;,�., .
black= and orange and
the speed limit sign is
black and white. .
� iemporary consu-ucuon zone speea
limits are regulatory speed limits estab-
lished.for-lona:terrr
SPEED
LIMIT
50
r`
;�
�'
.r `�
;detour;roiites. These
j-' t• t�w.' ��=�'o 't
.:black and;white signs
s'.��,�'r_:. �:�.,...�df
; � are used�'!iwhen a �
�4���� .v`.�.�w'�f?.T ! •
;, � reduced speed is need- �
" Jed' for�clriver safety. .
` Valid 24 hours a day, 7�
days a week, these �
must be authorized by ,
the commissioner of
transportation for any
roadway. � �
SPEED L1M1TS Il`i ALLEYWAYS
The speed limit is 10 mph or as otherwise
posted by the local road authority based
upon their own investigation.
WON'T LOWERD`IG TI� SP� LIMIT REDt10E
SP�S�
I`l0. Studies show that there is little change
in the speed pattem after the posting of
speed limit. The driver is much more �
enced by the roadway conditions.
WILL LOWERII`IG THE SP� L1M1T REDQCE
ACCmEPiT FREAQ�YYCYs�
NO. Although lowering the speed limit is
of�en seen as a cure-all in preventing acci-
dents, this is not the case. Accidents are
most often the result of driver inattention
and driver error. '
However, if a posted speed limit is unrealis-
tically low, it creates a speed variance (i.e.
some drivers follow the speed limit while �
most drive the reasonable speed). This
speed variance can contribute to accidents..
WriT UU WC CYCII t1AY� �YCCU LIPIII,! -
A uniform speed of vehicles in a traffic flow
ilts in the safest operation. The posted
�ed limits can keep the traffic flowing ��;
smoothly provided the majority of drivers
find the speed limits reasonable. To best do
this, the limits must be consistent through-
out the state. � � i�;� �
The speed limits also give the motorist an�
idea of a reasonable speed to drive in an =
unfamiliar location.
The speed limits are used by police officials
to identify excessive speeds and curb untea-
sonable behavior. � � _ . _ ;. .,
If you believe that there is a safety concern
or an inappropriate speed limit posted, the
person to contact depends on the type of
road. � : � . � .
TRQM{ HIGHWAYS
For regulatory and advisory speed limits on
the trunk highway system, you may contact
�district traffic engineer at� your Mn/D01"
ct office. , ' , . . � �� � . .,
The trunk highway system includes: ��
• The Interstate Highways , .
• 'The LI. S.: Highways , . • ..
• The Minnesota State Highways + � ' �
. .,f
-• ' "a ' afN' , ..- .. . . � .
LOCAL STREETS AIYD HIGHWAYS • , " , . . �
r>-� .�
For �these roadways, you may contact your
local road authority (county, city, or town-
ship). ��� .. � � ; � - � � �.
• For advisory speed limits � �
The lacal road authoritjr can determine
these advisory speeds and post the :�
plates without authorization from the
commissioner of transportation.
� � ror reguiawry speea iimitis ,
The local road authority �can pass a
� resolution requesting an investig�
Iby Mn/DOT. Based upon the resw�_,
,. Mn/DOT may then authorize� the local
�� _. road authority to �post new �speed lim-'
� a^ . � • J '��'y` ` _ "�,~ •
". IW. . _ ::rr ,i� `%�':.
`�. . • � . .._ _.. �...�..'1i �`.�. �.t�
The phone numbers to call for state or �'.4,
`, local assistance can be found iri tlie� �phone
' book under the government lista'rigs�. If,you
���� are unable to find the proper phone num-
�°;�;;� ber, you may call the.Mn/DOT;.Informatior�
; Center at the following numbers:,�:���y:�:��.<;;.:.� �
� .. . ..:n.�y.'rr �.ri5y�y� , .
•-`�` 1-800-657-3774 for Greater Nlinnesota or
, _ .,,:
�� 296-3000 for the Twin Cities Nletio Ai�ea�
� , � �y....:'� ;�3 i .
' �� ' •
, , ..,,...., :; .
: Remember to always use good judgment
' and drive at a safe and reasoriable�speed
; �N:..,.
s for the existing conditions. This is- every �
�...,..:
� driver's responsibility. � : ��Y;,;>:'�;":r�- :.,
.: �= ; �,.,,
<:;rs<
• ■ , �.{Nw<i ,y-� '+ "
Buckle Up � ��:�� .: � �`' �:' '
� . ... :�`;�-;;� ��: . •
� ��NNEspT,4 , ;}.�:x,:�� =, �:•
` ' O ij. ;`y�� �:. t�•i, _
� � n� t Q �..r�"w��;.:.,�;, .
� � �;k;` , • '
; ; • . ' � Ac,: - ;:�.
' ., �F Ttr�"';, �;Y.` ! ' . -
�;' . • „�� : }. :.�.
f::°<;�::.,,-. . � : >, '� :�� � : ,��: ,_ ': :: �' - " ,
�:�;;�4 f: �.. : Office of Traffic Engineering ,. �
' ""` `' Minnesota Departrrrent of Tr.anspoctation
�ttE '
',':' �� :�r - 395� John Ireland Blvd., Room #313,
��:;=y;; � ' �,; � • , �- Saint Paul, MN 55155 • �
I'�1��-,�.'�, v , 4 , • . . ' .��'
�"'';.t,' - , • - • .
i:.`�w. , �i• .. � `�� .
�_;,'�- ' � � ` Printed on Recycled Paper.
� ::...;. - •
,, Please recycle this brochure by sharing
� 3/3/93 �t with another person or placing it irt
: • art appropriate'recycling container.
Y
t '
� �:� . .
� r�: .
;s� . .
� �''+A }
;r; �:�_� .
� ;���A(u�' 4:
;;�'�`::�;;•
'� �: �; .
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�,�;�;;�:. ,
�
��� � . Here's �-
-�' ;* � ,.
%::�: � � �o u r -
e �" ! F
f� �� �Answer- �
,�. _ _ .. �� -
;.� ,a .
,',;�::_ '�.�;-,_ ,.
'T'he fvnction of speed limits is oP�en misun-
derstood by the public. This confusioii �' �'•
leads to typical questions that include:
.. � What are the speed limits? �'��`�:'�»J„``
. ;�,t�u.,; ;..,.
.y;¢.�;
� What purpose do they serve?' ��=
. • n�':°� r: :-:.�
.,.�s.;., ..:;
• How are speed limits set? � ����.°`:
• What do the different speed limit�signs
mean? � _ ;, , �
The Office of Traffic Engineering of the _, .
Minnesota Departrnent of 'Transportation
(Mn/DOT), in order to educate the communi-
ty, has produced this brochure to answer
these and other questions about speed limits.
��: ,.�.._...-.-.v-�.-.>___9ti�__ . Decem
, Made this day oP
�V� 29����, et�;reen ST«THOI�'iA5 .�CADET�IY, a carporatian under the l.a;�s of
l
� the State of T�Zinne'sota, party of the first part, and VILi,�AGE flF
�T��� �"� T��,NDOTI�' HEIGHTS, a munie3.pa1 corporation under the la�-as of ti�e
�n�� ' '
"/ ;State of i•iinnesota, par�Cy of the second part,
! 17ITNESSETH, That the said paruy of the first part, in
,
cansideration of tlae sum of One Dallar and other good and valu-
able consideration �a it in l�and paid by the said party o� the
�second par�, �he receipt ti•ahe�eof is hereby acknowledged, does
hereby G-rant, Bargain, �uitclaim, and Convey un�o the said �ar�y
of �he second part, its successors and assi�ns:
�:�n easement for stree� and road purposes over and acrass
, the follotv�.n� described property situa�ed in Dalcota Caunty,
TtI� nneso�a, �o-c�ai�: '
�,�..F=.� ...,.,.: .,.�..,. ,..,_ .,:..H.;._....-:...a::,:��p .
''r,:`i,�'q°K.x '.'k'se�_r���• `,��rra,, v,:_r,citw��:.rY,,.'.xia�v.nre;�,�,r:urweii-,..r.r:,...+..���.
Tne Eas� One Hundred Fee� E 100' 1 of the tdest Six ��� ""�rk.
r° Hundred Sixty-Four and 33f100ths Feet (trJ'.66�.33 =) af � 4'
�, the I�arth Tv�enty., Fee� (N, 20 � � of the ,South SixtY. `_ .. .�,. . ' `
��,,,, Fee� tS.60' ) rarid� the�`Sau�h� For�y Feet`� (5.�0��)f'�of��lie;
, �""` "'Nor�cheas� C?uarter (NEu j af the Sou�h:�tes� c?ua-r�er ( St-l�; �
; and the South Forty Feet (�. �0 �} of the j�;es� Tvro Hun�-
; dred Feet {',•7.200' } of the 23orthvrest ��uar�er tN;�du } of ,
the Sou�heast �,uaz��er (SE,�—� } of Sectian Tnirty-F�.ve
(3�), Tocroship Tt�enty-Eight (2$} I�Torth, �ange Tti�en�y-
Three (23) °iest,
and
�n easement for cut.s, slopes and fills over and�across the
; follo�r�in� deseribed praperty si�uated in Dakota Coun�y,
� TYi? nnest�t�, t0-tti�: - � .
` The PJorth Ten r�et (2d. ].Q' ) of �he South Fifty reet
( S. 50 �) of said 2lortheast �uar�er (NE;� � of the South-
� r;est wuar�er(St�l•,`�,-� of said Sect3.on Tn3.r�y-Five �35i �
er.cep� �iie i�est Tc��o Hundred Sixty-Five Peet �:�J.26� ►��
; � hereo f an d exc�p t t he Eas� One Hundi�ed Feet (E.100��
af the ti;est Six Hundred Si�ty-�'our and• 13j100�hs Feet
� �, t. 6 6�+. 1 3 �} �hereof an d the North Ten �Feet tN.1a z) af
; �ne South Fif�yrFee� (5.50�) of tne ilest 4ne Hundied
� Fifty Feet (1��1.1�0�} of said North;=rest �uarter (NE�d,� )�
of �he Southeas� �,uarf:er (SE4) of said Section Thir�Ey,-
; Five (37}, Torrnship Tc��enty-k;ight (28} North, Range
; 2,�renty-Three (23} t���est. �
' f
TO HAVE l�ND TO H4LD THE SATt2E, Ta�e�he3� ��;i�h al3 t�he
hereditaments and appur�enances thereunto be�.ongin� ar �.n a;nysvise
8
�
� ^t.P" .v«-n....s�..-..,..-m,. .-.,r-..� __._,.. .
bP the�second par�, its succes-
� ,
sor� and assi�ns Forever.
« ,
, In the even� tha� the property cavered by the easement
far stree� and road purposes here�.nabove mozse particularl.y d�-
scribed sha1.1 �after the laying out and cansi;ruc�ion of said
str{e�t) cease to be used far street and road pL?rposes, then
in ��uch event the easements herein granted sha�l �erm3.na�e a
all of the interes� of the party of the second par� in the
�y l7�re3.nabove described shall revert to �he party of the first
par�, i�s successors and assi�ns.
{ .
IN TESTIT�t?NY t�JF�RE4F,, The said f� rst party lzas caused
these presents �o be execu�ed in i�a corporate name by i�s �
Pz�esiden� and i�s ��Cretary-Treasun�l its eorpa-rate seal �o bE
,
un�a ai'fixed �he day and year first above v�iritten.
r
,
�
' ST. `�H01�1t�S ACADEI��Y
; In Pres�nce of
. , .
.,•'.� , By r �r. ,a, �:'rv��.���✓,r
�,•%?�`�?�. ,� � Its '+i_1 Pi'es�
���? and
_ "L''. �_��� � �� -•�..-:�,-..r-=-.�- � � ' �-4�✓'�i��1!
; _._Y s ecre ary- re
S '�'
STATE OF IfIINNESC�TA }
' } ss.
COUIITY OF �''`'�"�"'''�
� ♦
er-
here-
;ten
surer
� On this 4� day af '!?.r.�..,�.�.�:�,., ,�.964, Ue:�'ore me,
a No��ary Public iai �I�.n and � or sa�� Cou—�; personally appea�ed
�....�. ��..�..� and (�,�., � (�/ J��, , �o me person-
a11.;� kno��n, t•�o,�ein� each by:•,.`r��e u�ly sti•.Ta�.�n i�'sa�T that ti�ey are
respect3.vely' the Preside�nt and tl�e f�:�.��.,�, �.4.a�,,�,--of the
co-r17o��ation named in he fare�ain; instrument, �n �lia� �he seal
az"'z"ixed ta said ins�rument is �he co-rpora�e seal of said corpoi�a- -
�ion, and that said ins�rument ttaas si�ned and sea ed in Uehalf of
said' coazp�a�ion by aui:hori�y o.i i�s Baa��d af ��s,,.;�11 �and
�aid �� .,,,;,,e...,,.� and ,w.�! Ja-- ..�.�,a<Y<,..0 acT;novr�"�d�ed
said� _�iis'�rurren a e tne ree ac an e�'d^o sa �corpora�ion.
�...�n.�..,� � . �*,.—�^�?�
�a�at 4'lrom atot� de�d tcx .
' ' � E1�.EEN W. PFOBST
/ � �
' ,Z,(" /�� i�`� �,�' `�, • Not�ry Public, R�mss, Co��:�ty, h�inn.
Caunty' te¢suret j •— 2— tdr Commisston £xpires A�rii 19, I3o7.
.n'l `L l
� i ,
This instrument is exempt from Ni3.nnesota Deed Tax. �
r.
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,;
i
n
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