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1994-09-06�� � 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 a. � �� n. o. 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) �� c. 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 s, e. Utilities �to Serve Associated Bureaus and the remaining MAC Lots (Improvement No. 92-4) - RESOLIITION NO. 94-63 9. IInfiaished and New Business a. � Case No. 94-17: Lentsch - Rezoning - RESOLUTION N0. 94-64 Case No. 94-23: Metro II - Variances Case No. 89-26• S d.`��� Discuss Pentel Antenna/Tower. , ,!- e t C'�, S �J �,�J` �� � f . Q 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. ��v�r�%�� r � . .� :� �' � 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 1 ' � � MEMO i •' � I , � September 6, 1994 t ' � ' . 'T0: Mayor and City Council ' i I FROM: Tom Lawell, City Administrator ' i SUBJECT: Add On Agenda for September 6 Council Meeting 1 Please find attached a corrected copy of the Resoluti.on Approving Tentative 1994 Levy Collectible in 1995. ` i , , 1 , � MTL:kkb ; � _ c � 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 ' i 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. ; � � � 1 i < 'j � � I ' 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 � � 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,. I 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 � I 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. � � 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 � $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 ; i. I t i 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 4 I 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 � � Councilmember Huber moved to accept assessment information and the preliminary assessment roll for Ivy Keep North improvements. Councilmember Smith seconded the motion. l � 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 , 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. I 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 � 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. � � 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 i Page No. 4117 ; August 16, 1994 � � 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 , Ayes: 4 Nays: 0 GENERAL PUMP ,' 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 i 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. � � 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 • ' � 1 � a ; i Page No. 4121 August 16, 1994 � i i � � i ; i � CITY OF MENDOTA HFIGHTS DAKOTA COIINTY, MINNESOTA PL�1rTNING COb�iISSION ' ' AIIGIIST 23, 1994 ' � 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. � 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. � , 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 � � 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: , � 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. + i Mr. Olsen stated that he proposes to construct the home to within 51.5 feet of the wetland. � i 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. f 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. E i i 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 ' � 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 ; � 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". , f 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 't 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. � i 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. � � } i 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; I � � � 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. ' i 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 , ; 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. I � 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. , .. 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 � � i i 1 E Y Y j 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, � i 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. 1 i 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. ; i � 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 � 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 i I � Airport Relations Comm�ission August 24, 1994 � Page 5 i 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. � ( i i { E 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- f t 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 t 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- � , I i t 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- t ' 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 � ��1V 1 � � � � �� � � � � � �' � t3 1��3 �Y . 11 ts t�iot�T1�-�1 r� • � � AUG 31 '94 08�04 SIGN I ' � . .. � . . :: . ;� . :. �� � . :, . . :, .. � . �.� . ;. � .•� . ' � ' � � • . � . i , . .• a � � ,� . � � . 1 � • � + � � � � . �'.. ':� .... � a�.-� . ,� . . . � .. . ; . . � � - � �� . � ..... . � .;� a . � .� . � �; � . � ' � �i �� . . �� �� . 0 � �� � � ,. - _, . � ! . � WW 1'n711f �Q�� ���• wW • � ~,, � � • � � �` ; � 1 ► � � \ � � j. v . � ` " �ir � ;. ,� �.: � �: � ►: � . , � , i �.� �„� � �,L� r,,, , � • _ � r` I / /�� ��� I' � `� , ■ ' n � , � il�� �. ��.� � � �� � , , (�A � ,� Q � 17 C� � � i�'' _.� �'��^�,,.�.Li � r . j��� O` ��� � ����'!' .� C�!�p1 w .. � �1 � � .,,...� �, 1 %/ �,� ���.� � , � . n �1. =�1 ., ;� ��l r��% �� ��� � . .`_-���. .. ..;�- �� .�..- u o � ,�,� a,, % ,�� ►• „ a � �� � �� � ���� � • . �. - •N• a � � � / � �,, � � � t ► � ♦ t "' � " .� .f' 1► � ~ Ii / � 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 i r ° • � , 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) . • i August 25, 1994} ; . t � 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 ' i ; ACTION REQUIItED• j i For information only. � i ; � 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.) � � � ; � ; i i 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 � f � LOCAL STREET OR HIGEIWAY SPEED LIM1T AUTHORIZATION � i • • � I Road Authority Dakota County - Date June 29, 1994 � , , 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. ; . , 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 I I i � Title T.,�/ai� tT.lGiS�• � � � ' ! •�� j ! � � 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 ' • , - � � .. � � 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. • ' � ' , I . � � � � I � � � � � .'� � � ; TO: FROM: SIIBJECT: i ; ! � t CITY OF MENDOTA HEIGHTS �� • 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 - { 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. ? i ; 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. i c i � ; ; � �ozszso�� a� s�rsz� 3o ss���No� �n�� ssti �~r� r};4�. ���:�t :�' ts .. �. ,'' ef''� �..� ■ � � � � r 7 � � � 0 � _ � i �r� ! `�.. - �. _ / , �._ ____..�,,.. . . � . — ��x. ;;��� �;��I�I�I�I��� �`� ? � ' y � I I i > � r „ i 1 � '' (� ' ��' . . + � I � I � � 11 � � �_ :I:.� '��e:'.� + ' ;Y, � ; , �, ��, � v a� �� . � � � � �� �� ° � i � r "�.�: �__���, 1_ � , � - �_,. , � � � i �.�•� . �X _. _ __�� w.=..�:.—.--r.�_�.� � !� T �" , �^F, r..:, �v. i, }` �� �' �' 1"�'"i�: ��J Y�, r. � ` f � �i � � . c -„J ✓�v1 il;;: :7`' . y'a � � ��z�._au..,.�,�_.......�:.._, -.. - . � . . - _ . - `_ _._�.,__ ____ ■ �IOISI�l ,T,1n�nTnrrnTO� SH.L��I�"�LS �.LI� sa�t� ,�o a��a7 �:uor��l� � ,_� _ _ - .� _-„_ � � � ii��9������ � � _ � { � -�� `:r. � ,- -: .!: •_� ���I!i .._._�.�.._._���I�Ijlj�li��i�y - � � � � ` � � �II� �` ����� � ���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.. . • "r�,ca� :, �;x yanra�p� , �. ��i ; �, � ,�� � t ' , �`�.. �,ar�s E 43'.�',:#;:� � ; . 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 ��� ..-.---� � � L, �� �,� �'��� ,1� � fi`K ..�.' �1K ♦ �: �y���� 9w�.�C�,�.�+.��'-� N�1� Tp-t ;: � 0 ,�: � Z� 11fE�V 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. +. '�, .__�_._y , �__ , ' � �" `� "'��' -�` �`_"�' � V,, � � i� r . t !� � !1 1 11� �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. � € �, . ,. . . , ;..,_ �_4 " i � �``�; �...s � � � �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 • � ��; '`'"'� 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� , � Mailing Address Gity State Zip Telephone ( ) �� � A����N �� � ❑ �'8� �lvre�sirationtee(VISAorMastetCard on1Y) ❑ GhacgeniYhatd roomdeposit(att m�ipit�ditcards} Credit Carci Company i Gredit Card Number Name as it appears on card Expiration Date '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 HOTEL PREFEICIIITCE I 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 I I � i � I . . � 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 ; ! 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 � �; � 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.�, . :. "��=�riv},�;;ci•Y"!j}�'�i;r;'•`" , ;;�e;f`. �,�r.',f, .,.},i.y�� :^;. , - . t,F�� �i2l(�.`}�';�F� t������;{f�,::;k2�ix:.. T>��%,::i''v,:���x;Vi(�]{�f•,'?�'� �:k.1.ri:i'.;�ly^�x'.*'�,''. . 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CMeck 9/6/94 � 15-Engr Claims List 20-Police Gity af hiendota Heights 30-F�tre 40-CEO ��r� � 60-Utilities 70-Parks aase i 8Q-Planning 85•Recycling 90-Animal Contro] C.' {'"' Nutnl�er Vencfor Neme Accaurtt .Gade Camments Arnount 1 AT&T 01-4210-@20-20 sept svc ' 27.60 • � 1 q7&T 01-422Q�-@50-50 sept svc - f0.53 - ,� i RT&T 01-4210-cD70-70 sept svc 10.52 h,(� 1 ATLGT 15-4210-060-60 sept svc , 10.53 1 p7&T 0k-421@-@70-70 se(at svc 14,6$ _ —___ (} 5 73. 86 7otals Temp Check Number 1 .. • � Temp Check Num6er 2 - "1 E Adabe Sysieros 0i-43@1-#20-iQ� saftware 112.88 (� 2 . 112. 88 ,. Tatals Temp Check tUusnbe�^ 2 � Temp Check Number 3 , :� } a 3 Albrechts 0i-4490-050-50 disposal fee 5@.00 ,.) 3 50. @@ � Tetals Temp �heck Number 3 ::�'f Temp Check IVumber 4 � 4 Albin�an Q�5-43@0-10S-15 sp7.ys 1.52 •' '2 4 Rlbinson �5-4300-105-15 splys 3.30 � .., 4 Al.birtsan 05-4s0@-105-15 splys 4f.28 4 Albinsan 05-4300-105-15 splys 58.24 . 16 104. 75 �"�t 7otals Temp Check Number 4 � Temp Check N�xrnbe�^ 5 • � • 5 pmeric�n Nation�l Bank 36-4228-001d-00 bond fee 273.50 , � 5 American 3Vatiortal Bank 88-4�26-0Q0-00 � bd fee 239.50 . � .� 10 513.0� �) 7otals Temp Check ltifumber 5 -' „'• Temp Check Number 6 J V _ � � , rt _ _ ` ('�_,,, `� � 5 B t� J Ruto Supply ""'"__ _�_ __ --01-4330-440-20 4_ � - parts 44. 88 . 6 H& J Auto 5uppiy 01-4330-490-50 parts ' 75.54 � 6 B tF J Aato 8upply • _01-433@-460-3¢s parts _ 56.52 6 B& J Ruto Bupply �bf-4330-490-70 parts 7.98 ?�3 6,H & J Auto u�upply 01-4330-49@-70 par�s 4.68 Q 6 B& J Auto Supply 01-4330-460-30 parts � 144.96 . + , �. . ... ' • � � . . .. .. , .. - ' e�,'�.. .;:r. 9'" :.<: •;r�r. ,�.i,.; "�f,.:-.;::.'i:�%-✓. �:o-.�f..;..� Ss.l�._•.. :>14;:d,�z _ �wi t :`..m: • .. :.d�>«,.r�,.,: _. , .� �-1-=,......—.. ',�y "'°' 9 ?a' . . - .. t... . . ., s.:c;..;r.:::.s,t... . .., . . . � . . . . e:�:.,�<• s....a.:b' "t':•• ar�' 2 Sep 1994 Claims �ist Page � � �y»i �:�� p�y City af Mendota Neights - ('.. , �' 7emp Check IVumber 6 -- • � Temp. � Check IVumbar Vendor iitarne Rccourst Code Carnments Rmaunt . . { 6 H& J Auto 5upply 01-4330-490-7@ ' parts 11.16 � 6 B& J Anta Supply 01-4330-46Pi-30 rtn 33.65c�^ • �* 6 8& 3 puto Supply iS-4330-490--60 parts � 5.31 �1 54 � 327.38 " Totals Temp C?►eck Number 6 (� Temp Gheck fVumber ? 7 Barefoc�t 6rass @1-4335-315-30 8/15 svc , 144.84 � . 7 144.84 (} Totals Temp Check Number ? - `"'a Temp Ctteck Number 8 {� 8 Kevirr Batchelder 01-4415-@85-85 mi exp 24.Q�7 `� g 24. @7 � 7atais Temp Ch�ck Number 8 � Temp Check Nurnb�r. 9 � � :�� 9�iils �un 5hop 02-4305-020-20 splys 26_36 � 9 26. 36 � 'yj Tatals Temp Gheck Number 9 ,' . f) Temp Cherk Number 10 ..! }0 Ba�rd af Water Commisaianers 4�8-4425-00Q-00 ,�u3 svc 107.&5 � 10 8oard af Water Cammissioners 01-4425-070-70 �ul. svc 834.85 � 10 Bo�rd af Water Camraissioners Q�1-4425-070--70 ,�ul svc 1, 146.43 � � itD Board af Water CQttttt17.S510YSE'Y'S 25-4425-310-50 �u2 svc i?.94 10 So�rd cf Water Commissioners Q1-44�5-315-30 �ul svc 74.53 ' 'i -- . { ,; .. 5� z� i8f.40 Totals Temp Check Number irD . �� ` Temp Check Numher il r 11 Jeff Helzer� Chev ' � - 01-4330-44QM-20 � " ^ . `� _parts _ Y ` � W , � �_ 175. 9k .� _ � _„ , _ �. ; - � 11 175. 9k . Tatals Temp Check Number il � • . • (�? Temp Check iVurnber 2� g!�r � 12 Fusiness Records Garp 01-4300-540-12 electsan splys 264.0? . 12 ' 264. Ib7 f;' ; Totals Temp Check Number i� �, ' __:�.i. '}�a:n ;c•r.f�•,r:s:'.S+.i"'..�+"+_-µ� .+.r�..---•*--Y«-��:� -....,;�:�m?::�...:tm..�, :��+t�w:.'.}:.,w,+,•.v. : ....�. .,...v.r:.�.:...-._ . . ---- - ,-��'..r?2"s'?:r..,.�„_.'s*.:;.r,,.,,� , rY.�.d�y�.i.4.. .-+�r,-- :.a:+n.-+f;;`�' . . • , T,� ,. .. . . . �. ' ' • . . .. . � t . . . , __' �. .. j 4. 2 Sep 19'94 Claims List Rage 3 Fri 2e2S PM City of hiendota Heights _ � Temp Check Number 13 - � �'1 Temp. Cl CMeck 3U�uaber Vendor iVarne Accaun� Code Goraments Amaunt � 13 Carlson Auta Fire Prot 08-4335-000-00 rprs 160.29 . ` � � i.� zs�. z� � _ Tot�l� Temp Check Numher 13 , � Temp Gheric Number 14 � 14 Charnplain Planning Rress 01-4490-080-80 subs 32.00 ` 1 q 32. 00 � Totsls Temp Check Number 14 - . � Temp Check Number 15 � � 15 Gity Motor Supply 02-4330-44@-G0 parts s7.2� � 15 City Mator Supply P11-4330-490-y0 parts 62.55 15 City Motor Supply @1-4330-490-50 par�s 131.27' �� -- `___"' f� 45 C31. 04 Totals Temp Check Number 15 �� 'iemp Check ttilumber 16 , � � 16 City of St Paul 88-446�-828-�Id svc co»n arndt 92-1 4,84@.00 � f6 City of 5t Paul Q�k-4200-610-3+Il ar�ni hydr mtcn 12y Ifl5.00 16 City af St Paul 01-4610-020-20 re new squads 398.5P1 ' • `� 48 17� 343. 50 � Totals Temp Check Number 16 � Temp Check Nurn6er i? �� � 17 Gity af Mpis @1-4305-020-20 � 7/27 svc 50.00 � 17 ��• @� �j 7ota1� Ternp Check Number 17 (�,) Temp Check tVumber 18 � ,t (.J 18 Ccllins Eiectrical Const 88-4330-704-00 , rprs 84-2c 646.1@ . � 18 ., 646. iQl � -- -- Tatals Temp �Gheck iVumber--- - f 8 - - .- -- .--- __. __ �._. - - , � - . _ --� _ _ .. _ � _ � _____ _.. .._.._ __ _ � .._._ � , ��; Temp Check Number 19 ' (') 15 Commerci�i Asphalt 0i-4422-050-5IIt �� 'wear mix ffi6.86 � {,� i 9 � - ------- . �% 165. 86 Tdtals Temp Check Number 19 > ' (� ; .) Temp Check Number 20 _ . ;� �,.'� <y, �, .,-�--,,..,-T.,,--;-; ;��, ; ; . . �: :n , {{:;.� ,: ., _ � �..,,•• ....t..�:.w :�:x-�: &� �:a:-:i`. ti.i�3i: .',•3� ;:c-: -: �+. ,ii'.� %i:>�si�a:.:: .:3'.,^.\..t"' ,L. :K y.'vTrf::� t µ_�„t>'� ?%�i ..�'�"<z.'' '�' r� ie v;,::+"'+. 4:'�e• .. _ , <:� . :��',.', r%++-;.� :';�-.,,�.�-�r;'.�:—.....,a.. :3i%ti+..:.F �.i::'� . J.'�tshr .. .0 `,',s"-`r.&+.+�•:r:, : i"• .,---�""''»-:..a�i �... . , ...++a.�.' . . . .-. r.. . � , .. . � � . . ' ' . . . . . • � ' . , .. . . . . . t .. , ^�y;:: ,,..:., ., , . . . . ''C " ' . , .. . ., r . . . . 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 .-., -- • ------ (l `" 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$ter 15-4330-49@-60 beaver trapping 546.80 � � �3 546.80 � iotals 'iemp Check Number 23 � Temp Check Num6er E4 Q 24 Corrigan Electric 15-4330-490-60 rprs ls 175.0� �7 �4 i75.09 � Totals Temp Check Nurnber 24 � Temp Checic �Iumber c5 � ""1 25 Caverall 08-4335-@00--Q�@ cing svc 287.55 , ,. . � �� i 287.55 �:� ?atals Temp Check Number 25 �..> Temp Checic Number �6 ' � '`• - �. +'� 26 Creatfve Colars J 01-4330�490-50 __.._ _._ _. � ���ys -- - - . - ----2@4_75� _ __--, __ __ � � .. ._ ;..j 26 �04.75 �,i �y TataYs Temp Check IVun�ber 26 � Temp Check Number 27 � 27 Dakota County Auditar 16-4490-@¢��t-@0 parce2 chg tif 3,057.00 -,� __ ' � . " 27 3� @57. 00 i'otals Temp Check Numt�er 27 '"�� �. �.. ..,. -. """ �:�?<-'ce�?:`•'...'.?;::,;,�?- ti;:x•..:,:�.c;:,,._:�n,--r-r-- �^:.,fiF�'F7':"s[:-;��:ct-- :a. :vy.;-:---a`z'-.^:;�';;k '� , z;� >:oq.y ..l`_�"'.'" .. . . '..:'^;?'-'��: .+�_ ?� :'�;`i.,�`,x3'•,t: :,� ... %'3.�i��fi:�;: W'r s�w.y:K �'s--��.,. ..s,. mt.y;�::^,:�: ',':s ."x�"..r:..:`.�ni:i:s�=.. "��' . z... ;:s :::r..u�i'� ;_��a:::&`, . :rw �'�....�•a.�i.....—.:, ' � � t ' 2 Sep 19: Claims List Page 5 • Fri �:25 RM City of �entiota iieights - �� .� � Temp Check Nurnber 2� . ._ _. _. _ ''i Temp. � Check � Nuraber Vendor Riarae Accau»t Code Carnroents Amount . ., . � 7emp Check Nurnber 2$ �:?'• '� 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 � (: .. �,. ' -- r . ., :�.- - . , . rt... , �, .«:::,,� . . .. . . _ . . . . .� : .�rs�,� , n� , �7�':� , r,•: � ..+ti.rc�y+ s .�.�•. - - -4 .«:,.':s6r-f+— aia:,..%:-=;ira:.: . s.cr , .. ,,.t— . . �L.Y,'n..Y.i.='r :L:y.;�:;Y,:{v'v:%%.v - ..+...�. ta`ni�.�..�3WMf1:h'u.��rt _ 6^M � ��� �.;"Y'A. !}'i�..r.. 5. - __ "_T't'�'i�' �-� µ �{. ,\:./ � � t. 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 `,� -- ' • ------ {.� 36 - 154. 60 7otals Temp Check Number 36 , �l� � 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 ` ��' (; 7 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 � 41 I O S 02-4330-49tD-IQ1 sept mtcn 34.6tIl �:� • (_' .. � ( -. -'h. . . " T=;.+.?vT;-'SS�:fr,:... _ c+{:r:;.:.,, ri{...e-.:-r-_ z�:;.:...... - - - _ r.;-.•-.�:t�: :y1'.:.we.�...... ' ___ . � . .,�i�-�i. �'�.,' -•E. _ _ ':;i::wu:..-iW,+�^^�• � ' 'w'�" . . F.- . . . " _ "_ "y`�'w'�e!+r�r�Y �y..����-...��+*+�, ' ' � 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 �.� --- • ------ �} 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 ..) -- ------ � .. 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 ' � ' t..,? 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 ' �,i ---- � ----_... .� 230 184. 58 Tot�l� Ternp Check Number 4b r �� �. Temp Check Number 47 -� �.. •,;�.., :1c -::;f.: :.�.. e ./ . . *& . . Y . vc�" . : -�:;6. ir{: : i'. �'� �-`�� « � -.<.c':., a':<. ; .•7.:. ' r.: .s ,..e.;•r,.¢:�':�- _ r?.r.N . , .`�r3 � .Y.�X';� 1T�': �"�tt'7. r.'F..�.�: r'I '•- ' l•� ' r - - - - --=s �h•' 1 .t� �.���. t;_�. :, f. v�;'� �,. :S: �.'� f.:�v r%Y 't� . �'5:;::.K ':-+.HiY"�' '�-q''r' . . „�: ; _ — ti . ".�" "" ' '�. l " .<� gsv . ^.%'y��...�v'ti:� r:.tf :::�tv'.r":'�.'....,,..:.r�....�i�.� <{ c, . — ',,•,,..,,;o-.�-�;�..• ~ . .. . ':�.i,:.>•:,.�.,;..� y��'.': ;rY x if Y :.,ii.p . �w+',�--�+ .—"�--•--z - . � 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 .� � �i2 . i,�i�.6z • 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 • (_ r,nC.� . - . - - ,,e.. :$c ;-;-,•;n- .-.;,R•,s-.... ,ti ;;`�` - R:.,`:: "'::�,'"'�=S.t� '�'F'� .:%f�:b�.r.?f;�',�4��;;�.i*�h..�:F'j� �•,^�.T,.,"M�+��.✓....1. n � _— ..lT� ".'N.�.•$i wf' /*� '.Y�:.:/.•i".; �:�/:w. . ..4 . . .Yi. ..t�' . . i F���r:�: ,r-n..—+.-r,-...::>.=.-:....;:... :.;'� % :�:'r.ii^.' , . , . .. . _ i s: ......�:r..a:.�:�.: +.. . ..f.a:r.�.c.- �:•;�;. :..: �,�;..:::4�. . nr--�"�:.+4-.' -- - *:�•..:r�p'�,��.+�`,��.��'.-�. .. ; . .. , .. ... ..:. . , .�;.r. �--- :-..-•. . . . - . . 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 �� � � � •' �� � �,�� �w�aa"'�"y'�;:�y''�q},.. ..l:rJ:�` �fi',wr!2:: i.G::�.ra�Y%•+.• ii 4 tS4.;F :k l: .'.7:�v. j�.N • .` � �.!:"� z\ .Tit. +rt'--;.;.•.��...�.;r:.\'.'-•:K�+.:-:. � `+rr 's'?` . I>' .` � +': , ti.}.:+ti- iCi. ' l' 6. '2D .Y'+A.x±�'u' ': n. !' 1r�. t :��'wFP. :i.: , ta., ;i'-::' ::9::},;z; �.r; : r:.;ii ' . .r.w*,:q� ,r,.-:..ns:;; %r,.;�;a .„,;...=r. .,{,t , %5;:,^ . 4. . . . . ":r;. . .. . .. . . 'n•dt,%' '��y�., .+,,^3°.{. �.. , .,b. � . 3 . >:;�� ', 1 , . . .. ' • � . ,� .. .. . , � .. '�12" . , .. ,. . ..e.. C... . : . � � t . � 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 ' (? s4 - 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 .. �� {. �:; .. ..�n �.lr• •::�=) y: �'}n' :�p:. ..�"-:X'�f';.�':''.-v'S'^",t��._!w,. ..'f�'=.'.."`%_„ . �,..,•��.. �}��tiK;.Jii ,Yn�{!.!;:tv ,r,t,f� _ _ ,.4,:-�-'tw���rrp.�:;.'r+w++�+��N: "•; 5 t.� i�'+.i�i�.ia'n' . _ _ _ ' �' •-' .1 � .' . . ..i;.M1.�, .�x+^�^, .^. .�,� H,'.T`s��;W . � ... . . . . . , .. . . . . , . . . . . . . ... . . . . . . w�--t•(,r�i.n,n.i-t. . .. . ... . . .�. ♦ ... . . Y' . " . . � ' e ��.i. 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 �' -- - � t.�• Amaunt . � 31. 22 10.?4 f @. ?4 � � 155.a5 ] 97. 20 27. 32. z4.7ID 7. 60 1.90 258. 7� ta41. Qt9 199. 83 361. 17 44. 52 211. !II6 53.53 45. 51 1, 556. 71 cry73. 0!d 873. fb0 zsr�. �� • 120.00 270. Fi0 � 66. 30 .. 71 � 66. 30 � ..' 7otals Temp Check Number 71 ..i C_ � Y. d fr .Lt• ,�(: ruc. _ - y7..5': tiz$:k ' :-Y,•: � ,.. �.� "'.+.` %':''•"'-�i.'i.�..•-,•r --P..'...� "'�, .,�;..�, _ ' �. v�: - Y,�.Yt::: �LS4. _ _ _ _ _ . �;��F: :��^. ✓'� � � i • .M � :: '� �.�t� v,y �.rr.r!41. .. .. . :�: �i7a_ . t}-• ' - �t ti>�'.i ' a �iM�+ +'..T"'i+i!:tin" i':�w� : ,'.s:..� �t . � y . �e's ��'�'- a. � Y��'-� .��.�w-�LJ,�t r�:'ie� . :. . , . � � _ •' �s:��'d�A�i}".•rQN�;W�S+���:.V'.�.i�tYl'M�. . . . 'i%'65.�+''�ry'i:i}�-1�'� J ]d^'"{' J'��CY;JTtw�rwV�,v,iM.iw�%af....�rA��.`Y.a.n'w,..•'�..�'�'�.�_try+. . _ .: .; .. .. . . .... � ....� . . . _ . .. 4 . , . .. . . , �"„ ��„ � �+� 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 � --- ------ �} 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 '•�, ( � 78 Pedersan Sells Eq 01-4330-490-50 part 198.0'9 • � l. . - , . -•,—:,�„, _ - �•�,^:,-.�-_?4n: i>R -- - .<;•,t�z:�:=�fi;;•' Y�: .-�,�sr. ��r.�z. � ,� s:+�-�'---.. :. �:,.-�^;:".--�';.,,.. . �}. ..� ::}� � . 9.:�. I ;t;^,.� i ,.-`F..•-: .f:+1i's�..G : ..n :ti�:: z 'u�-'f r��t . : a :�,,;.,., 5.'�."�C,X�, .,-�_�..,.�. . . �. ... �:t�':iE�::.^.C�-i , a.. 's: ; ..,; ,, M1 r. ' . _ . . . . , � ' � . . , _�—�n�, ..� . . . . . ,::-=:?-=-:,v. :ic-�-�R.K:.:;?r:....�».w-r-r--�;-., ,--.�:-+**. ,, .';.;a;..r,+s.n :,1:^,.:.;:':,.�r. '...v.r-.. ...i•..r-: .*»; 'r""i .�.�=+ ' � =:.,� �. 1 . ' 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 i,1 �� b4 Road Rescue 01-4330-440-80 , parts 41.32 �'� 84 Ftoad Reseue 01-4330-440-�0 parts 24.50 ?f?1 --- ----- � � 168 65: 8� Tntals Temp Check Number 84 .? � (.;' Temp Check Number 85 ., �`w.' ... . .Jr� ,•{: . .r5 ':.f'n t. 4d:. .'. � �i�yM1. ' �TT....�++-r-•,�,:,-----�•�j?,:--.;zr:-�;•{s;•'vs:3-� .,:+.;ii":�. _ .�� • 1..: . : %::. .ts�.ml:.:t..}' . Y.K.�'. ;ti• _, . . �_:: . /.�+.; ..#. .C"l:r� `t.: L'. �+1^.'T .1,_ . �"'.''�''�T�i•`';" -.''•+u...++.rs�.r'..i'.'..i:-'x,eS'^�` ~� ;"�'%'y �rY�' ..d � ..;y.:•,.: �4 . a� �. 3-++�� �:.�'' .�v4:.✓�i�-..:.i.� �'�.Fi-Vi'.�' �''j"?Y"'Id� ♦ �.... .: .. ;. �y . � . .. �"� : � � •.:� ��. , < � .� '�.: _ :����.w � .r::. . � �.' � ft :. . e.i . . :rr�ie �w . � . . . e:.'� . . : ri1: . ♦ . . .. �.� . . w: .': . . . '�... . ♦ . ..� : . .ru—:"'.'s".;,;.-...-.:.,,r-,�.....i..�....,�— --`"4':t;:.::«..:�-'�'�.�'si�.«.;+=••:•,�,�;M:'":'`:yi^:;%'r`xi:u;�';?:�<.:..r--�'-5-��'."•�..,,,,,�5;>.�r+.a..y. ri-.1 •:�- � . , . , -� .. . .. ,. . . ,,r:!:t ' ._ �...,�,. • 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 ..t � 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 � �� 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 10@. 00 1�155.00 4@. @0 160. 00 50,00 .._��_ 26@. Q0 ib?►. QtQ+ 1, 6@. @0 3E0. 0�A 7@0. Q0 ?OtD.IdR1 ' 1, 400. 00 4 126. 8Qt _ _ _. ______ 1z5.8Qt (�� � �, 91 Seven Corners Ace Hdwe @1--43@5-070-70 ' splys 15.95 � 91 • 15. 9� . � ,, ._ �.. ^„r„�f.'-c,:�.r.t.`r- . ,. - . .. �'_'..' `z:nr,r^.--�--��;�s,�..;s7{,1^-,�..,..rn1-�`^^.,��r^-..�;�..�:_' �.,.*,...�'�:'�.,•♦ ,/.:: z.s - .ch. ..,n .�Y+,#t,-.•.-.�.c=,-� , .. :, : .1 . .. . . , . ' . . .�„.-i _... .• . • - . ':. . ' � :.. � "•� � ' - kr �v rti:v;c;....;:.:•...-,>•.+�.,...:-",^'—+-- „ . , . . .: . . � .. . . . � � �"t'' -- .. .. +r.rc�+��•'. . . . , . -. . . . ... . . - � .., i:4 . .. . . . .. , �.. ) � 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 ; >t:. ...c::::+. ., � .. �a.rfi-s.n� •;s^ ..ss N:. . , • .. .,;,•,�a;:k:;K�r - ::.r;z: .,;i., av�.:..,"�^'ti._':.. - -- '=?;?s:, . :•*�.i.. �5:.:::'s'• _a.:�",j�;r: ' .:+=�+..ru. �.i:t ��.... �.''3 - . � :. �- �����-'--�."�""''�'�'.+:v '. ` , . '`e :� �.,,, C/i'.� '%:+;i°-• .�.��r'+��»�•:a . . . . . "`'�'S't`''' -- -- �"5`� ��.,�.�..'�'r,b':5?..c:.s-r.�:n-,..�<�,"""'_<�+-r.'%+^=^'— `,"�.,"'i.,.'� .�-:.. . . .. . . . . ! • , 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` __ __ ` " ._..__.._ " _. .. _ — _. .-.-...----..---� -- -_ --.. -- ._._ _ . „; . (' • 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 . �. ; . � � .. - . . �='i"' .... , r,a--�r---IIr,�.P.....; �� ytl ,.;'�_„;t?x'^�:;�T "'n:�4;$;c:^.,�'�,��':�£F:C:;:.'",".'s..'2,�.^."''�% :.a^.:.et ..•�,.. ."�'�t.r,. ?"..`tnc:,y,. ,t.:•- :�:s3: ;. - - - .: <,�....` . . � •.N� .; . . ;y..: :1.; . :. ;�u.{..'.•. : ti.'. �••�.: r,+�,.-.�.-��: »?ir� .'' '=`^r�'#',�:r. . ... . . -. . �;•.-.�;.. ,..«.- . . ....r. � .. ,, . .. . : r.. ;�:; .. .. - . � . :'r' ' . . . .. • .•. ti. .. , . . . . . . .� r . . . - �:: . �. .. ., . . .. ... . . . � .�. . . . . �: ... . . ,: . . . .{�t,.�... . , � t ,.,,,�.;�:� t �ne.-:d. -....�w..��-.- , ^..r .�2•.,Yi.� .,�...w. ..w, . . . . . . . .. �. .. , . . ...tdi?.n , a, M � : . •.. , . . '� 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$69- • ; 890 1,241.69 Ins adjustment " � . (,'� 1`�41 �,540,00 U S Post Office refill meter � • � �. , . -,..,...:�. -;.<<�.. �-€.r,-.--�.___.__...�_�;_,_.._.._._ ..� ....:. ... .,—.:,„:�-,_ ,,�:;R-�---_ �:. ; .:: �:... : -�-� - :.., . .. :,;.. . .:.. .ti: r-._ — ..'--�'=-- �:-, . y � 3':�i:.../ . -_ ."G;y„ r.},T ::i:`---•. - .�-w.-� � �,. :�'" ;.<�i ^"'+d'..�'c+;.�i.'�• • ysxtc� sl: ia:%' . J � . . . •y, . . — �`.G �v��: ,p.r3:. -s %'i;`�`,,, �'.F::�iz.�� �.r_..w�...,,."43.•:..a..,c$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 � i ! SS:tifw ; � ' 1 � , �. . . _,. ... September ive, and is ta be � the 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- T / /�l �c.�ew�� �`/��/�'� :� i . _ _ G��:� �. �1' f g�' � - ' _ , . �� -�—�� iZ 1��� _ .- G��� �'��-'�f�rx:�.Q �� -�'.�i. . _ � �.�? J _. _ 1 . �'�.�i,..�-��� .��_.�Dc� �'-� -:^�%%-�-�,�-�:--L�'�'.�.�--��..>.,Q�..�-,v _ - -- -- �i'�.'2e� .r��-�-.•� _ _ .�a2-Ga�-rn�t''� . . .�' .Y_zJ � �,o`?'� ���11i.'.—��� �" . � I/ � - ��f . . _.. __ _.. _ . ._ . . _ _ _ _ . . . __ _ �. . _ ._ _ ... .-�=���,-�`v � �-,w _ __ ...._ _ . � � 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. �� .32 � � 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 � L� 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 � � 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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F......."I�$ .�' ��:'�:•;:;5:; }:."•::};:{•r;;:;,ii}� ;"'�'::�:;���:��:��;::};:*.; :�t:;.:;. 3 3 � 6� 89°M�6" :• �:;: :; ��: :;:*�� ; •+:�:=::�:�:�:�: O u x � C � :.�.�� ''''�:::::::�:::::: �"'' � SUBJECT PROPERTY a � :::?,q:;� ::':::::�::��''��:�:��::::: � �::::;::: 1 -� F�.��'.��x '�;:':;:;: :;L.f f ; '�:� :::=::;::;;::;:;: h �i � . � . � �� �i �i � %i �i ��s ' i :�i ♦ f�f � :' `w i `s " : � i � ��.'a� �. f. � �?� : i ��� i` �: i��� r i �_ ���� � � .C� NORTH � � =3 �,:��r..�;;�,::;;;��.; ' . :::::,.;:::� :,::; , A , 9� � •: .:.:.: :?�:;�::;��� ��.+::: s :::.�•�«��� ::.�.�•. Q ` Y� SCALE 'i"=20Q' r;3� 5$ � A�'�'�_'��� ;;: r •.. :• _ N �f „ � � '^+�'-wr� �oll �sM86 I A2.93 55�39" • �9,�r. m ( rf � �1 �l T'��' ��I `�� � � � = i� � �i � �� � � � •N � �/ �'' �, r �' T /�'� p � T � A//�� ��\/ '_''� • � N . ` / � �i, j V Q , � /�� tiT . � �,,�� �/ I \/ ( J • 1/ M �� fi � � AZ=269°2436 � �' T0: 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. KLB:kkb , , ; . �'. <. t �'.. �- t� , �. . � .t�( � ` , -1 l lt� t/ �� v`� c. �� c� v3 ( :���..a:��� c �- �..s�-� � 1 �,..�( c� � ....____....__...._..�_�__.._.___._.__,...___..____.__.....r__.____.�_,._—_ I �.� � � `� . �� � ����������wM��r�r��»���w �����w��ww�rr�r��� �w���r� •r� ■ . � �. ' � • O � � '�N AR�A " � ` I � - . . . , . � . , . . . � � . . s . � ,» � � • ■ . � . . �q,'—O" . , � � a :!� , ��CZ �3UILL7lt�l�i � HAI�IGhP StG�N 5Lt3PE NEVV E>i1'l1MINt�US e1�12 Ft�R 6" i � 0 . .� �. . . . ' �} ' 1 . - . .� . : -. 'e�:.��i `.���� �' � ._ . . �; . . . . . W�. .... .., �... ......,� .o�� . � . ' . . ' .: ' . , - . � ; . � � - '� _ • � �. . . . • �! • 1 . . . • . � � • . • - . .. • � EX15TiNC� . ; • - ' '. • � � . ' S IOEVYAL.lC _ � .�.":��.. � , .' � .� , � � �_6 Q i .• EXI5'i'iNG . • � � .� � , t s � , . , _ . � 2(?' —O" ! o . . ;n ' ' ; DEMO GONGREI'E I � � . ' ' . . � j �i���oi�t�yi��-wi�� , . 3 ���iv��4+ prU•{�i � � �Q � V V 1 1 G{\ � � GONGEtETE � � i ��`' i . ! .t. G al' # • �SJ ,r�: _- �. _� --- -� �;%//�'.�iiiiir.riiiiir�rii � —b: � 1\t'l)111'C)A a7 El) 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. m � �� 1: � /.�.\ � i� � .r / �� j I 7i • �. � ,>- � � y • i M A �r � j � • ' ,��� 7. � � ��. IR•tN.MrlE:tt;�lsi•t�t:is.� i; ��. �� � � . VA � ssa ��i Fi�ri��= ` I _� � _ . t �„ �� � � , � � . h � +> > s� � � `,« .... a ""': ! 3t ' ? � �� "3 .rr ,� i \! 1 'i, , i}'E G'l�.l O N p �~ �!� � CE�/� ERY r � �. �MAVSOt[iNl � � � •- - � � � � _ r;• � � .1 _ � .y • � � * T 9 i � � � , � � 1 �� , � ='_ � _� �i `~K ��` ' : � _ - - -- . � a , •� ,� i � _ — X �.,��. .�=-- ! . , J �C.f� . � "'^ - f �. ,�1 t • `�--� �_ � - � - t _ _ � - . ;� � � � M ` t � M ! p j \ � � • �,� •) � � • ( .t I_ M ;�J�X' � � . I � • 1 jt I4: � � �`�Y\ t ~ � • � 1 ' • •' I t `-" �„} �-- t l.• I � � �� �J� i s. t! _ ' t �` � . � Y _ ���""� ��� � � � � , ' � A ` HEIUN S RQAO 1 ' *�o �� � ¢ : :; ;;;::; � � �-� , w � � � 11. � a. > . j �`� , � � ~ � '�1 �. � � � J Z i . uc �� � � � � � � SUBJE T P � ��� kORTHLAIlO C Rt)PERTY � � � M, • / �, ' a � � ; NCIRTH � � � t� � �� �,_ , . E -�.,�--� . �° �.' ' �� , � �� �*,.�s .d.�� SCA�E i �8£10 ,� .�r ,• _ ;- •`:-. ;�' �.-+:-'•r: :, • ^�— ► 4— - I •�' ;� :�':;:;i: ::J:t• _,••,�,:� . ., •. ••. •. �. -' •• � - ' • �---.�-�'�'-�'��' : ��"-'' . ' • ' ._'.~�-���. � - ' ' . . �.,...:.;-:_;: • '.'�. - ��� ��;,�� �; � , -.z�':=� .. :....�. -✓, �' ,. • . ...� '_...-.'; .- - �...— ' . . ..__..: �c r.-T•--�---- ' . � ... ....;. ... . ... -�. � j . . .. f _ � �- � � � _.�.-�./ I ,�,.'� � i �.. ' i . 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 . : � �� i .�.��.• 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 �• � ' ' � � . . . � �'� �� �} � � �, > i5 . '^. . .. . �_ ��� �`�T _ � � _. .. �� �^ �Yo`Z.� � �'R"h� ;KVr e .n< <• ' • �� � � 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 2 3 4 5 6 � 8 9 �� �� 12 13 14 ' 15 I 16 17 18 19 20 21 22 23 24 25 26 I 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 i 2 3 a 5 6 7 8 9 10 i� 12 13 14 15 ' 16 17 �8 19 20 21 22 23 24 25 26 � 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 � y 16, tent �_1�� -� `I �7 `'.��il Et�n �rvT c.ocAT�c,tv �'��1 ���r�r T�u� ��S{���L 'i ELF1ViE�V?' DESCR�Pi Irw+wwrr�Mww.� � _ --- - »- �b�rc� �� �:OH� iL'!� t�� i i'1!. � � �i� .� �an,= r�c� i�+r t ....: � �o —u �r s�wu u� x sr s,r� "'� rf o 1 G�ssl iie�ttip�aa 'iba HYrC3�ipR T�3i2�XX fs sa 13�ocas. 3-t�d T�+e ?Iit2DX �tt �gtied w;ds �o s�r l�i�r{� be� m�aa�t deti,�rA tl�r b�+adb�l, � SN-4000 b!� �rw�c b�ms. ��rti�t &� [a�ae optxatioa aa t� pa�pogt SO:a2.LS.I9. mee: aenttlb+ne ed pec�dno� � m�uimam isww�wrc �t�td 20 aset�r b�rrdt. Zis't'x3 iDC�CClErnxas a jo�- e�►eta,� a!" �000 .�ts cuotiaoo�up►� i000 rvtcct paiod�C �poZo �v�e �eryr fa aII 'b�ads wJ� t� oa itl mo�s. 'i'itia �! 2DX rrba �� monOb�d tzl�a toc 1? a�d � m�qt sod �pc�ovedw�Osbo�xas�ppoctsY►sad�.,t,t��=oe- �pp�rd !!levcWat tot 1Q.1�.17 � a0 r�. ��nd Cum� �e! t�q4 0A 111� aloct�idtL � . � u 0 ■�t��#RilwNC7:k3�Y+ti}-�ssr \I�rMwI�tMILf i�1�!3riY*lti�ti �sr�r�ssy��r e�:��ttw� s��rrs s►•�MM�:�e�r��.��r��rrr���r��� ■a.�+rir��:.r�.��s�s�er■ar�r� r�4s��:Etr*��t��r:�R�t+trf�� ��aaxt�sa�s��aN�iiR����wt• ���ra���rN�r�wwt��rr���r�� � . ' 11l���M/�lw�M�st Ml��XiR�ii����! 1:���iAx��iiAiRi�� li���M�f�K1��cr./ �a►�r�ai��r�.i�� Ml����A■ ■�a�r���A��r�■■a■ 1��M\//� M��/��Nr�r�s����■ rtl��l�t���tM�R+lf11M�r.�lMaa i1MMt�t�Ti�lM KlttMrt�Rq�• ■a���tart����rt���r�i��1'�i■ • -�ua�sh�r�R��a��r.R�r�R�a� ss�i�i�asai:^i°svaiii��iiii�iQ� r�.��a.rr*It11GM.u�rs s_�1�• ■ : x 7 ��M�! tN��i ��l�:.�� �iri �Mw ■lRr�faf�:fC�N/t �' ��R\►.�Lf�Y��l ■ �%r��r.na�r►w�� D f!►�M!l�liti M�th��7��'tStItll�iJlMti ■l�7�l."�q�t�t/I/iMM�� ���MCr�lw:sr/���tI�M� 1 ■�Nass�M�*.�f��i��rrEa �JIt�tYtMt�!lR�tiT�I� � �-;,s��- �-� ���.�:� 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� � � � ' '� o+ ► � G� 5° 3 / ���.� 9 4 S�8 w n�4 o%s � z 9-- �� �.,C� - ,� ,� � �� 5 �. ��_ � _q 6 s-�o rx.�l �- a � - � � _ �'� � ' �� _,� - � $ ` .� ..S".� ,✓ �C,i � � ��. �i S�F -�.ti � � -s.L"l.�ttC� 9 2 � 11 � 1��0�9`� 10 - ' -. ! ��2�r,�x� � .s'y,�s`t � u. � X� .�Sj'«� - � � o-� 11 . ' _ s �i/ G'�� � /i��S/ ss��� � �� y � 12 �.o— %� ���t,u.,�¢- ,� G�J s� � /I � �- 30—�� . 13 � � � v - s�� v� • �� mr� . ss,�� , -3 �w 14 � ,,�,,�,,,- - svv �v. ��.,,,,�y�� .r��s! ss-.ip � '�/9y 1 s�� v► ` � �-� � � �{�4.�,.,�7�-� /`'i If � �+ �I � ,J - � � -r �' 16 �,�,� � 5.�.� �����,4- ��1�� kT,a zS � .��1( l -3(i - ��/ - -. � �,�, , � � 17�— � . � , • - 1 � � i- 3c, r� l - �� 1 �Y \ � I (-�; I � ! A! � l ��r 1�0%�m i _ :, , ., ij '` .r � 1 �' , y"*� < fn� '� _ �� --l.G ��-c�C�C rc � .�L.•�3 �ri,c,� .� � _f��— � �'�r � ' 2� ��.-�� ��11"J�J�.c �--w'� �C..[ � � i15 %�� /i 1.�:�. y�l-L 1�1 �' I��'C��i.-}f. � �'1 I�S�i�/E�'� - 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�'� 2 �' �-�'� I � .. . � �1 3 _ • , . ..,rlt �sr (v � �.?'►^1 , � Q . �� x���i � �,�,� �l""�C � ' � ��C� "" �c.' s � f � � � � � � �� l� � � � �.Z 1=r,e,�oyJ q`v.e � jf.��f� s ' s`�"�. �'�^c.�d�/ a �,� �t 3� ' 31 9 S3 �' ����z� �e„ � � 3� `� �a ` a ' .�� �, � .� M � � f � , � j -� 12 �; .. � - , f ' ' - �. ;: -<, �_ _a y i��� '�r� -/ •-�' ` � � �. t .- ' �% S � , ,� �- � i� � 14 �'' , .� . � � c. � r.. �. � Y , - �' �� Is � � ��u.� ��d �5� � �� � � � s � �l � s l� , < .r�, Q��x�C.. �-� J�G:� � tcz�.�, /�- �= Q.i � 1? ,.SG ��_ . ,_.�I_ �', 5� _� �/ � , 1--a`—k. _ -- ��� � � 19 � � , - � 2Q � ��� �''�--�.._ ��� � � , ,�. . ,�� :,,�. , � 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 �i��T � �� ��}# � � �� 4� �� , ' ��� ,:t � � � (�l:�='"�^� ���� � ----___ V� �,,u� �'� , � �c.o c� w r�-�a ►� � � ��� ��� �� ��ss r� - � c5 Ti�s 1-� ��.. � �~ � ---- � � `�'� � � �� � �~ � � ..-t-_-- `�~ � ''� c..� `-`' ��.. : �„�,_—�'"'�-,� � . .,..._. �'" � �/!'r� /b�".r"�/!""""/�'�w ` .: ;,,�� �''^-,�� �. �/ ��.r'' ✓ ✓ � v �„�-' �� ��.,"'`1�' "\..,,t.�'"`� �'�..���e\ ^ ^ n � �'\ ��,�� ^ �''��L��-� �� : !�%��_ �..� G-� '� � � � _ .- I � r''�/'...-- `' (Y"�^,. -�s 1 �,.'\\. "'�.^""'.�r� `�-���� � ~.-� �'„ .'-`�'� `` �� �.� .,�'��f- /� .� � � ,___ '� � �, � � `, '�,��`.----� _, �.�,,, ` � \ �---�,,._ � 1 . !.`��. \� ���� �.� r-...,- _ t� � � � ��.,"„��. ______ _ -- - -- =--- -- . ._� -� _:� �-=�=�:..:� �:,. ----�----� ---,. _ _----.x ....__. ..__ _�.... .._. � : � r^- �,,,� J / '�i'.,,�,\�- �/�.,-%�, �� � � ' �� � \ /�� h �'',�,/',� � .,- ,�'Z- �`�."� " � '�`^� � `��. �' � """� ���""'�' _ �., � � �� ��� 1\" .... �''�,/% � ��-�. �.. _r,,�.� '`�. .,� �--� t/, -C-�.. . ���eeture Stu�os� GaryPTurpaning Ald � , (6i2) 469-25i9 d000W�at?i7CtStrraf•FitmJagtortMN53D2� !� �� ��► �'�jr ► ..._ , — �' ' ' ,-..����' � � r V n4�� � � � �." �'� y �„` -I�. � �'� �`_ �,. �'e..�-- 4„�" � ✓irr+� h. . ,L �y,y �. �1 ... � �,.^ � .. �\ � � � �.�..�."" _ `_„" ^.�-.� � �� �� ��• �. 1 ti� "'s `;;`**� _' \. � -' c,.../G,/�^""L-'L-"''--r.,. - „�� .� � --^�..�, -.... � !�"'y� n. .� � ��. -'�"�r,"_"'�� � � �.�„"'~ . �_ � . ��—/„'c--'-�,,." � �..��'� !`,--,.c�t � .. `'-= _ `�� -' � - .,\ -�. . �,,""",� .0 1 � � �. y,,. /'„�v �. G� v� - �.. ,.,,,��—..."'•-. �--_..., �,.-- � ,` -�.,.. ..._. �. � !' / � �..� •�'�Tr� � '.���'... �. � ��� _� �� � � J� �� • ': �. * � ,h` �'� � � � ,� \ �; �. �: �, � `. . � �` -.., r-'" �'::' / / L-''. L-'"� '� � j� r`"~�. C"�` � \ \ 1 h � ,�-�^ �,.... ,�.-- �.--.-- �.-- �....___-- �``� �� � �. �� "� � �� ' \ .��_. �_ �_-. �"""_ �.�;- �_- �. �= �C"�'`[' �� ��; �:- � �2-� �a � � �-���C�s � �.��-�� � � � i�� o� . �, ,�,, � .��.+�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: ;;�'�`::�;;• '� �: �; . ,�4`'',.. . �,�;�;;�:. , � ��� � . 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. � f :i ,; i n �