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1993-03-300 � � CITY OF MENDOTA �iFsIGHTS � DAKOTA COIIIJTX, klINNESOTA CITY COIINCIIs WORRS80P AGENDA March 30, 1993 - 7:00 P.M. 1. Call to Order 2. Roll Call 3. Agenda Adoption 4. Conduct Interviews for Police Prosecution Legal Servi� 5. Discuss Downtown Community Surveye 6. Discuss Formation of Air Noise Advisory Committee. 7. Discuss Tax Increment Financing Issues. 8. Other Items. 9e Adjourn I , , Auxiliary aids for disabled persons are available upoa at least 1�0 hours ia advaace. =f a notice of less hours is received, the City of Mendota Heights will ma attempt to provide the aids, however, this may aot be on short notice. Please contact City Administration 452-1850 with requests. on� es. 0 request han 120 e every ossible at a � ,z CITY OF MENDOTA HEIGHTS MEMO Ma.rch 26, 1993 T0: Mayor and City Council FROM: Tom Lawell, City Administr SUBJECT: Police Prosecution Legal Services DISCIISSION The primary intent of our March 30th workshop is to i four legal firms interested in providing police prosecuti services to the City. Council last considered this matter February 16th meeting, at which time the list of fin considered for the contract was reduced from seven to fo finalists and the times of their scheduled interviews f ol l ows : 1. Levander, Gillen and Miller - 7:00 P.M. 2. Winthrop and Weinstine - 7:15 P.M. 3. Karney and Smith - 7:30 P.M. 4. Hughes and Costello - 7:45 P.M. Attached to this memo please find a number of documer. may be helpful �in preparing for the interviews. Include find a copy of the February 12th memo to Council, alonc related memo from Police Chief Delmont. A ful•1 copy "Request for Proposals" which was sent out solicitinc prosecution quotations is also attached. I have also� copies of letters sent to each of the four firms announc they �are scheduled to interview with the City Council � 30th. In that letter, firms were asked to submit any ad material they would like Council to consider to City Hall 19th. Two firms have submitted such�material, copies of w attached. - Council had previously been provided with full copi� seven proposals which were considered on February 16th. their length, these documents have not been reproduced, ar. encouraged to bring along to the March 30th meeting the ; submitted by the four successful firms. If for some reasc unable to locate these documents, please let me know � copies will be made. nterview on legal at their is being �r. The are as s which please with a of the police sclosed ig that � March Ltional � March ich are of the Due to you are you are i extra STAFF RECOMMENDATION � Council should conduct the four interviews schedul.ed for March 30th, beginning at 7:00 P.M. Afterwards, Council should discuss the results of the interviews, although no formal decision on the appointment of a police prosecutor can be ma.de the night of the workshop. It is staff's intent to schedule final selection of the police prosecutor for the April 6, 1993 Council meeting. MTL:kkb CITY OF MENDOTA HEIGHTS MEMO February 12, 1993 T0: Mayor and City Council FROM: Tom Lawell, City Administra SUBJECT: Police Prosecution Legal Services In December 1992 the City issued a request for proposa for police prosecution legal services to eight select lega Of the eight firms, seven have responded by submitting the ; proposals. Council is being asked to r.eview the propo: narrow the field to three or four firms which would then be to interview before .the City Council in early March. BACKGROIIND The law firm of Winthrop and Weinstine (W&W) has s� both the eity's civil and prosecution legal counsel since ] you are probably aware, attorney Tom Hart serves as our City attorney and two individuals, Jeffrey Ansel and Will tend to our police prosecution matte�rs. Currently we co W&W $1,000 per month plus expenses for handling the City' prosecution work. In mid 1991, W&W requested that the City consider a� revision to the amount of compensation provided to them t� the City's police prosecution work. W&W made it clear t] request involved police prosecutions only, and did not inv general legal work they provide to the City. At the t: stated that their firm was incurring costs in excess of $11 month to service our prosecution needs, while only r� compensation from the City in the amount of $1,000 per mo: expenses. In December 1992, Council asked staff to pre� distribute an RFP for police prosecution legal services in gathering valid market data on the "going rate" for suCh A copy of the RFP is attached for your information. Ls (RFP) . firms. .ttached als and invited rvea as �79. As general Winson, �pensate pqlice ossible handle at this �lve the ne, W&W 000 per ceiving th plus re and ►opes of ervice. Unlike other purchases made by the City where we are generally compelled to select the "lowest responsible bid", the City has wide latitude in selecting providers of professional services such as attorney, engineer, etc. Council is free to base its decision on whatever criteria it deems reasonable, cost being only one of the important factors. DISCIISSION Police Chief Delmont and I have reviewed the proposals and believe a number of highly qualified firms are represented. Monthly retainer costs range from $2,400 to $5,000 plus expenses, although direct comparisons are difficult because each firm defines the services included within their retainer somewhat differently. The attached information prepared by Chief Delmont helps to illustrate the comparisons. RECONIl��NDATION Chief Delmont and I recommend that the City Council select up to four firms to interview. We suggest that two of the firms be W&W, based on their proven ability to handle our prosecution case load, and Hughes & Costello, based on the strength of their experience in the area of police prosecutions. The choice of the other two firms to interview is open for discussion. , In terms of timing, it is recommended that Council set a specific work�hop session in early March to conduct the interviews and cliscuss several other City matters. Suggested dates f�or this workshop meeting include Thursday, Ma.rch 4th or Tuesday, March lOth. Please bring your calendars to the upcoming Council meeting to assist in selecting the most convenient Council workshop date. ACTION REQIIIRED Council should discuss the proposals received, select up to four firms to receive invitations to interview before the Council, and set a convenient Council workshop date and time. MTL:kkb Mendota Heights Police Department MEMORANDUM TO: Tom Lawell � FROM: Chief Dennis Delmont � ' Subject: Prosecution RFP's I have reviewed the RFP's that were submitted, and I have spoken to agencies th�at are represented by the involved firms. As a result, I would offer the following infc�rmati� Criminal Experience. Lead and First Assistant Experience has shown us that the lead attorney does not�actually prosecute or p cases or interface to a great extent with the department. We would generally be involved with the first assistant. The firms offering the most experienced lead; Hughes, Karney and LeVander. The most experienced assistants corr�e from LeVander, Crannis and Hughes. In this area, I would recommend Grannis; LeVander, Hughes or Karney. , :--� Campbell bills $95.00 per hour for jury trials. This is very much out of lin the other proposals� and could be a very expensive proposition. On the other si could also end up creating undue pressure to plead cases out, rather than take t� trial. Grannls has an unreasonably high retainer. In this area, I would recom LeVander, Hughes, Best or Karney. • I am, however, �concerned that the LeV proposal is not very clear on what additional charges would be billable (see pac °Prosecution Assistant Services"). This may or may not be a concern. :.. .�. -� � . .-. most are with , it n to nder 11, Best and Karney do not spell out what they would offer. All of the others are retty much standard insofar as training, communication and electronic services avail ble. LeVander and Karney seem to have excellent internal mechanisms for proces ing complaints and cases. The others may have as well� but it is not spelled out in heir proposals. . Dakota County Experience Hughes, Best and Karney have no Dakota County experience. Wlnthrop and LeVander have tons of it. Present Law Enforcement Clients All of the firms presently represent law enforcement agencies. Hughes is the I�eader with five clients in this area, followed by LeVander with three. � Recommendation After reviewing the proposals and speaking with the clients of the involved firms, I would °rank" the proposals as follows: 1. Wlnthrop They have provided excellent service to our department for many years and have done so at a ridiculous price. The system and people they have in place have been very effective for our department and my� staff is extremely comfortable with the working relationshiop we have with our prosecutors. 2. Hughes Martin Castillo is known throughout the Metro Area as the "prosecution professional" I do not believe there is a better prosecutor or firm available for law enforcement. I had 10 years of experience working with Castillo and am very confident in their ability to do a superior job. 3. LeVander If the additional expenses catagory can be straightened out, this might be an excellent ch�oice. Their local knowledge and experience are great assets. 4. Karney ` Experience and organization are strong factors for this young firm laoking to-� municipal service to become a greater portion of their practice. There may be a slight conflict because I am a personal friend of Mark Carne's and, whoever makes the final decision, may want to take that into consideration. The Best proposal is very vague in the area of additional services and expenses, and their staff is relatively inexperienced. The Grann(s .retainer is prohibitively high and a combination of factors, including the $95.00 per hour exception to the retainer for jury trials is out of line for Campbell. 'r: �� v � l � 3 CAMPBELL GRANNIS HUGHES BEST W& W KARNEY LEVANDER CRIM DCP LEAD 7 6 18 s' 4 7 12 12 CRIM EXP ASS 2 1 1 5 � ' 3 2 4 17 MONTHLYREfAINER 2400 5000 3000 CAP )* �000' 3750 3500 MAX * 400 MAX�'' .-.-� ______ _._.- ADD'L DCPENSES JT �.$95 ST � ST UNK 5T M ??? ADD'L SERVICES TNG TNG TNG UNK TNG UNK TNG DAKCODCPERIENCE 7 7 0 0 13 ` 0 17 PRESE(Vf LE CLIEfvTS 2 2 5 �' 1 1 2 3 PC REfEERENCE P E E � �-6q�J ,n, sv Sr ��„wF * billable C�3 $65 hr. ' **billable @ $95 hr. " Page 1 �, CITY OF MENDOTA H$IGHTS REQIIEST FOR PROPOSALS POLICE PROSisCIITION LEGAL SERVICES I. Purr�ose The City of Mendota Heights is requesting from selected legal firms proposals to provide police department prosecution legal services from March 1, 1993 to March 1, 1995. II. Background The City of Mendota Heights is organized under Minnesota Statute 412 as a"Plan A" Municipal Corporation. The Mayor and four Councilmembers are elected at large on a non partisan basis for overlapping terms. Administrative responsibilities are carried out by the City Administrator who manages and directs the activities of the City staff. The City employs 40 full time employees, along with several part time and seasonal personnel. The current operating budget is approximately $3 million. City functions include administration, police, volunteer fire, engineering, st�'eets, parks and utilities. An Organizational Chart is attached as Exhibit A. The Mendota Heights Police Department operates with a staff of seventeen. These include the police chief, an investigative sergeant, two patrol sergeants, an investigator, ten patrol officers, a secretary and a clerk. III. Prosecution Characteristics To assist the recipients of this RFP in preparing their proposal, the following historical, prosecution data is provided: Citations and Arrests, Patrol. 1987 to 199.2 �, 1987 1988 1989 1990 1991 1992* Moving Violations 590 Parking Violations 149 Misdemeanor Arrests 107 Gross Misdemeanor Arrests 13 Felony Arrests 5 Warrant Arrests 28 * 1992 through October 31 677 744 730 852 857 173 161 160 158 167 211 324 400 480 422 16 23 75 80 79 14 33 21 19 22 34 51 56 61 33 IV. Pretrial Hearings Formal Complaints Omnibus Hearings Court Trails - Jury Trails Review Hearings Evidentiary Hearings 126 87 37 26 22 3 1 The above stated statistics are intended for hi: reference only. For purposes of preparing a response RFP, the statistics should not be interpreted as a gi of future prosecution activity, as case load vol� fluctuate dramatically. Scope of Required Services The legal firm chosen to provide police prosecution to the City of Mendota Heights will be responsible aspects of this service including arraignments, hearings, court trails, jury trails, omnibus h revocation hearings, continuances, formal complaints hearings and evidentiary hearings. Further inf regarding the City's prosecuting procedures is att� Exhibit B. V. Iastructions to Applicaats ;torical to this .arantee une may ervices f or al l retrial arings, review rmation �hed as If your firm is interested in providing police pro ecution legal services to the City of Mendota Heights, t e City requests that you submit the following information: 1. The name and location of your firm and locationlof,head � offices, if different. 2. The number of years in operation at the Twinl Cities location and at head offices, if different. 3. A brief (less than two pages) description of the irm and the type of work that it does. The City of Mendota Heights is especially interested in prior m nicipal experience, preferably in the area of police pro ecu�ion services. 4. Identify the person who would serve as primary and attorney in providing the City with prosecution legal services. If more than one p� anticipated to assist in carrying out these duti� too should be identified. Short (less than twc resumes of those involved should be attached anc clearly identify qualifications to perform the : duties and should list the following: contact police rson is s, they pages ) should ntended a. Education b. Years of experience performing municipal legal services. � c. Years of experience performing prosecution legal services. d. Other areas of expertise. e. Verify that your firm and its members have no conflict of interest which would impair your ability to provide to the City of Mendota Heights its necessary police prosecution legal services. If unable to provide such verification, please list any and all circumstances which ma.y represent such conflict of interest. f. Completed copy of Exhibit C. VI. Compensation Compensation from the City of Mendota Heights to the firm selected to provide police prosecution legal services will be stated in terms of a monthly retainer plus reimbursable expenses. The monthly retainer fee is intended to include all staff time necessary to perform the required prosecution services. The cost of reimbursable legal expenses shall be itemized on a per unit basis in the proposal. Your proposal must include a fully completed copy of Exhibit C- Proposal for Police Prosecution Legal Services. ` VII. Schedule The City of Mendota schedule:�" January 6, 1993 - January 19, 1993 - January 20 throug Heights anticipates the following Reaponse Deadline for Proposals Selection of Firm , h February 5, 1993 - Development of Contract VIII. Evaluation aad Selection Evaluation and selection of a firm to provide police prosecution legal services to the City of Mendota Heights will be based on the follo�t,ing: A. Lvaluation Criteria 1. Qualifications of Firm and Attorney who will serve the City of Mendota Heights: • Skill and ability of assigned personnel • Applicable experience with police prosecution caseload at the local government level. 2. • Knowledge of all criminal, c: other applicable laws and rec related to police prosecutio services. Costs: • Reasonableness of monthly cost expenses. 3. Other Factors Including: • Demonstrated knowledge of the Mendota Heights and its charact • Availability and location of personnel. . • Ability to communicate and capability of personnel. • Conformity of proposal with RFP. B. Procedure Responses will be reviewed and evaluated Mendota Heights City Council. The top � firms ma.y be interviewed by a sub committee City Council after the initial evaluation Y completed. All candidates will be notified as the selection process progresses. IX. City Coatact and Submission Deadliae il and Lations legal other City of �istics. �ssigned overall by the Eirm or � of the �as been by mail Proposals must be received by 12:00 Noon on Wednesday, January 6, 1993. S�even (7) copies of the proposal should be en� to: Tom Lawell, City Administrator, City of Mendota Heigh s, 1101 Victoria Curve, Mendota Heights, Minnesota 55118. T lephone Number: 452-1850. See Exhibit C. C)R.�ANIZATION C��t.T PARKS & RECREATION COMMlSS[ON:: FIRE CHIEF I ppL�CE CHIEF � (Vaiunteer} SERGEANTS iNVE�TIGATOR PATROL OFFICERS CTi`IZENS COUNCIL , CIfiX' ADI�'IIN�S'I'RATOR .. � � Pl.ANNING C�MMiSSl4N� ►�in�TIST'�ZATPJE ASSIST�►��'F' SECRETARY� � • � ��i ...�� PUBLIC WCIP:KS DIRECTC}R � �ATTORNEY:�:�.:.°. . CODE ENF. OFFICERS � SECRET'ARY � SECRETARY G�K. TYPIST � RECEPTI�NIST ENGINEER PUBLIC W�RKS SUPERINTENDENT SR. TEGHNIGlAN TECHNICIAN LEADMAN LEADMA�1 I.EADMAN MECHANIC MAINT. MAINT. CIfiY CLERK MAiNT, WQRKERS . WORKERS WORKERS . � ACGQUNTANT SECREiARY � Key: � Consuitants/commissians r ExxxBiT s ��,�� , . ..� � .,� � . ARRAIGNMENTS Prasecutors attend Arraignments every third Tuesday of the month at in South S� Paul. They aze the prosecuting attorney, on a rotating basis, far t cities: Sauth St» Paul, Sunfish Lake, Inver Grove Heights, West S� Paul, Lilyda and Mendota Heights. They prosecute Mendota Heighis matters that are not � Arraignments at Pretrials (P1�, Court Trials (CT), Jury Trials (TT), and Omnib �ox�. PRETR�Aj I� COURT TRI� j��KF�, S".AI.F,ND_AR � I Two weeks priar ta the sci�eduted Pretrial and Court Trial {PTICT} date, receive tbe docket calendar from the Deputy Clerk of. Dakota Caunty Court. PT are handled every first and third Wednesday of •the month in South S� Paul a� 2:3Q p.m, respectively. �u a.m. following Mendota [ at the Hearings id CT 1:30 and � � � Upon receiving the docket, a eopy is circulated to the prasecution staff d the original is filed. The in-house files are then reviewed and those files listed on e docket aze retrieved. Fles that they do no possess aze requested fram the Mendata H ights Police Department or the Minnesota State Patrol. Certified driving records are then requested from the Minnesota Department of Transportation for CT, and regul driving records for PT. Letters are prepared ta natify the offcers af fhe scheduled PTICT. Noti mailed to the officers at the MHPD and ta the troopers at their home address. necessary, witnessas aze interviewed andlor subpoenaed and supporting doi is received from BCA, ather police degaztznents, etc. All correspondence to the carbon copied ta Chief DelmonC, � are IS � The PT and CT summary sheets and Rasmussen Notices aze prepared. PT and CT files are reviewed and summarized, as well as other files that are used to determine what supporting documentation may be needed. Prosecutors also prepare CT examination questions, and prior to the scheduled PT or CT, make an effort to settle cases by either speaking with the defense attomey or the defendant. Should a CT be settled by telephone, all officers and witnesses are immediately called off. If a defendant pleads not guilty at a PT, it is then set for a Jury Trial (JT), and the defendant's attorney or the defendant is served a Rasmussen Notice (Rule 7.01 Notice). '� :_'�� :_ � When a defense attorney calls for a police report, a$5.00 minimum for copying is charged. This includes police reports, revocation documents and test records. Upon receiving payment for the above, the prosecutor's office mail the police reports to the defense attorney. If the defense attorney requests reports by correspondence, the prosecutor responds with a letter to the defense attorney reqiiesting $5.00 or more for '" the cost of the reports. Upon receipt of payment, they will mail the police report- to the defense attorney. , Jury Trials are docketed as a result of the defendant pleading not guilty at the PT andlor not guilty at� an Omnibus Hearing. Jury Trials are always scheduled by the court for misdemeanor and gross misdemeanor offenses. The prosecutor will receive JT notices from the Dakota County Court Administrator. Gross misdemeanor trials are scheduled for Tuesday mornings at 8:30 a.m. Misdemeanor trials are scheduled for Monday momings at 9:00 a.m. Jury Trials are located at the Dakota County Government Center in Hastings. The prosecuting attorney must be present at the JT at least one half hour before the scheduled trial time. The prosecutor notifies the officers or troopers of the JT upon receipt of the notice. They circulate the notices to the prosecution staff and they JT is calendared. The prosecutors file a copy of the JT nodce in the General Notice File and the original is placed in the defendant's file. 2 They summarize each JT file and review fiies for specific issues, witn determine what sugporting documentation is necessary. They then prepare examination questions and voir dire for the jury and witnesses» When a J.T calt off all witnesses and aii off cers ar troopers. C?mnibns Hearings occur when the Defendant gleads not guilty to a g� misdemeanor affense charge by a formal complaint� The prasecutor reviews ftes and reguests certified driving records, certified gtea getitions and sen transcripts of prior affenses. Sometimes they are notified when an OH a we� and officers and troopers must be natified by teIephone or by facsimile, rath norrnal mail. � � f � t� � �I � � � �� The prasecutor"s office is notified of Revacatian Hearings by way of a or notice from the clerk at the Dakota County Government Center. It is not � the prasecutors attend alt Revocatian Hearings; however, each case is review� each Revoeation Hearing to dstermine if there is a need far the prosecuting attend. � and settles, they in advance #han by co�irt order aecessaxy that �d before �ttornev to All continuances aze discussed with the prosecudng attorney and the Court before they are granted. No mars than two caniinuances ara granted f � matter. When a defendant requests a continuance for an Arraignment, it i to the foitowing weekty Arraignment in Sauth St. Paui. .When a defendant r continuance of a PT hearing, it is to be reschednled accordingly on the next P the Mendota Heights calendar. When a defendant requests a continnance of a also rescheduled for the next available court date after coordinating with ihe officers and/or troopers. - When the defense attorney or the defendant request a continuance for it is the responsibility af the defense attarney to confirm this new trial ar i; by letter to the Mendota Heights PA, A carbon copy of the letter is sent to t 3 lerk of r any �rescheduled �aests a ' date on CT, it is reievant JT ar OH, xing date Dakota Coanty Administrator for JT, or the Dakota Caunty Clerk for OH. Immediately after con�rming the new triat or hearing, the defense attomey is asked to teiephone the Dakata County Administrator ar Dakota County Clerk regarding the new date. If the defendant is pro se, the prosecutar wiii maii a confirmation ietter ta fihe defendani. When speaking with a defendant regarding a continuance, a' prosecutor should always obtain the defendant's eurrent mailing address and teiephone ttumber. AII officers or troopers should be carbon capied on all correspondence regarding continuances. �:i�; !�1' ♦ The prosecution wiii receive requests for Farmal Complaints {FC} from the Caurt, the MHPI7 or the MSHP. FC involve petty misdemeanors, misdemeanors, and gross misdemeanors. When a request is received for a FC, a aapy is circulated to the grasecution staff and charges aze determined, Once ' charges are established, the � statutory requirements for eacb, offense are reviewed. Caurt transcripts and plea petitions from grior offenses are also r�quested. The Couri indicates a due date for the FC on their cover sheet and the prosecuting attomey will attempt to draft the FC and mail the final draft to the apprapriate department within 1� days after receipt of the request. ` FG invalving MH police officers are mailed ta the MHPD for processing. , FC involving �Minnesoia State troogers are mailed to a supervising Sergeaut at hislher home address for service, unless advised otherwise by the arresting traopers. A 36-haur FC is sometimes requested by the MHPD or the MSHP. The U.S. Supreme Court receaily ruled that a21 persans arrested without a warrant must have a judicial determinatiou of probable cause within 48 hours of the time of arrest. This 48 hours period begins at the mornent of arrest and includes weekends and holidays. Upon receivi�tg the 36-hours FC, the members af tha grosecuting "team" work together in preparing the FC in an expedited and precise manner. • � An officer/trooper seeking a judge"s signature on a FC filed on a gross misdemeanor or felany case, where the defendant is in custody on a 36-hour hold, must repart to the criminal division of the Court Administratar's Office on the second floor of the Judicial Center at least one-half hour prior to the expiration of the hold. At that time, the Chief .Deputy or designee will assist in presenting the FC ta the judges assigneci to the Law Enfarcement Center (LEC) that day. If the LEC judge is not available, the clerk wili direct the offrcer to another avaiiabie judge. In cases where the officer is not able to present We FC for signature within the tast 30 minutes, they. should report directly to the LEC courtroom and inform the jailer or clerk that they need to have a judge sign a FC. All gross misdemeanor FC shouid include the Ruie 7A1 and 9.02 Notices by PA. r,� d � , .' � i � � At the conc2usion of each PTICT heazing, the prosecutor records the isposition for each matter on We provided dispositian sheet ar dictates We resnits. Di ositions af PT, CT, TT and OH are maited to #he hfHPD and MSHP. #he dispasitions for a2I CT, TT and Oh should be mailed to the arresting officer as soon as passible. All events "nvolving Mendota Heights Prosecutions are documented and circulated. i 0 �7 0 EXHIBIT C CITY OF MENDOTA HEIGHTS PROPOSAL FOR POLICE PROSECIITION LEGAL SERVICES Name of Firm Address Contact Person Phone Number Fax Number I have fully read and understand the request for proposals issued by the City of Mendota Heights for police prosecution legal services and hereby propose to provide such services to the City from March 1, 1993 to Ma.rch 1, 1995 at a monthly retainer cost of $ I further understand direct related expenses are eligible for reimbursement by the City, and I have attached an itemized listing of anticipated expenses stating the per unit cost of each. Furthermore, I have attached a copy of all items specifically enumerated in S�ction V. of the RFP - Instructions to Applicants. Submitted for consideration by the City Council of the City of Mendota Heights this day , 1993. Signature Title Note: This proposal and required attachments must be submitted to the City of Mendota Heights no later than 12:00 Noon on Wednesday, January 6, 1993. Seven (7) copies of this proposal must be sent to: Tom Lawell, City Administrator, City of Mendota Heights, 1101 Victoria Curve, Mendota Heights, Minnesota 55118. �1 February 18, 1993 Mr. Daniel J. Beeson Levander, Gillen and Miller 633 South Concord Street, Suite 402 P.O. Box 298 South St. Paul, MN 55075 Dear Mr. Beeson; On February 16, 1993 the Mendota Heights City considered your recent.proposal to provide police prosecut services to the City. Based on the quality of the � received and the broad base of prosecution experience rep: �he Council's deci�ion �o choose £our firms to intex extremely difficu7.t. � I am pleased ta infarm you that your firm has been se in�erview before the City Council on Tuesday, March beginning at 7:00 o'clock P.M.� The interview wi.11 take Mendota Heigh�s City Hall and should last approximatel; minu�es. The three other �irms chosen to interview for inciude Wint�hrop and Weinstine, Rarney and Smith and Co�teil.o, � For the interview, pl.ease be prepared . to provide a fiv sunu��.ry of your service p'roposal and be prepared to answer ques.tions posed ' by � the City Council and staff , Those a proposed by your firm to be direc�ly involved in haridling prosecution work are requested to attend and participa�e in�erview process. AZthough none is specifically requeste City, any additianal documentation yau may wish �o su support of your proposal is due at City Hall no later than March 19�h at 4:00 P.M. � � y ai Counci7. ►n� legal was �cted ta 0, . 1993 �lace at fifteen h� work ,�arhes & :minu�e elevant torneys he� City i� the l �y the >mit in Fr`iday, I sincerely wish to thank you for responding to our request for proposals and congratulate you on being chosen to ad ance to the interview proceas . Please feel .free to call with any estions you may have. - . _ � Sincerely, CITY OF MENDOTA I�EIGIi`I'S Tom Lawell CiGy Administrator 11U1 Vietoria Curve • 1Viendota Heights, 1V�,N - 55118 � • 185U C ity o� ,... , 1Viendota Heights February 18, 1993 Mr. Thomas Hart Winthrop and Weinstine 3200 Minnesota World Trade Center 30 East Seventh Street � S t. Paul , NIl�T 55101 Dear Mr. Hart: On February 16, 1993 the Mendota He�ights City Council considered your recent proposal to provide police prosecution legal services to the City. Based on the� qual.ity of` the proposals received and the broad base of prosecution experience repr'eaented, the Council's' decision to choose four firms to interview was extremely difficult. I am pleased to inform you that your firm has been selected to interview before the City Council on Tuesday, March �30, 1993 beginning at 7:15 o'clock P.M. The interview wi11 take place at Mendota Heights City Hall and shoul.d Tast approximately fifteen minutes. The three other firms chosen to interview for th� work include Levander, Gillen and Miller; Karney and.Smith and �iugYies & Coste`llo. � -•For the .interview., please be ,prepared to prQvide .a five mi.nute summary of your service proposal and be �prepared to answer relevant questions posed by 'the City Council and staff . Those attorneys proposed by y.our firm.to be directly involved in handling the City prosecution wo�`k are requested to attend arid participate i�. the interview process. Although none is specifically requested by the City, any additional documentation you may 'wish to submit in support of your proposal is due at City Hall no later than Friday, March 19th at 4:00 P.M. I sincerely wish to thank you �for responding to our request for proposals and congratulate you �on being chosen to advance to the interview process. Please feel free�to call with any questions you may have. . ' Sineerely,• CITY OF MENDOTA HEIGHTS �� Tom Lawell ,City Admi•nistrator MTL : ]tkb 1101 Victoria Curve • 1Viendota Heights, 1ViI� • 55118 452 • 1850 � i y o� ��ie�ndo�a Hei,�l�ts February 18, 1993 Mr. Mark A. Karney Rarney and Smith RoseviZle Professional Center #530 2233 Hamline Avenue Narth �toseville, NIl�T 55113 Dear Mr. Karney: On February 16, 1993 Che Mendota Heigh�s Gity considered your recent.p�oposal ta pravide police prosecut services�to tYie City. Based on the quality of the � received and the broad base of�prvsecu�ion experience rep: the Council's decision tb choose�four firnrn�s �o intez ex�remely difficult. Council rn legal oposal�s sented, .ew was I am pleased to inform you that yaur �irm has been se ec�ed tca interview before the Czty Councii on Tuesday, March 0, Z993 beginning at 7;30 o'clock P.M. The interview will take lace at Mendota xeight� Cit�r Hall and should 3ast approximatel�r fi�teen minutes. The three other firms chosen ta in�.erv3.ew for he��work include' Levander, Gillen and Miller, Win'thrcip anci Wein9 ine and Hughes & Costello. � . . . Far the interview, please be prepared �a provide a, fiv aumxnaiy, of your �service praposal and �be prepared �ta� answer ; questions posed. by the . City Council and .�staff ..' Those a proposed by �your firm �o be directl.y involved z.n, handling prosecu�ion wo�k are requested ta,attend and participate interview process. Although nane is specifically requeste City, any additional documentation you may wish to su support of your- proposal is due at City xal.l .no later than March 19th at 4:00 P.M. minute ,he City i#� the t by the �mi.t in Friday, I sincere7,y wish to thank you for re�ponding to our reques� for proposals and cangratulate you on being ehasen to ad ance to the interview�process. Please fee2 free to call with ariy estions you may have. � � ' Sincere3.y, CITY OF MENDOTA HEIGHT Tom Lawell City Administrator MTL:kkb lli}1 Victoria Curve •�endota Heights, 1V�N • v�r118 45�2-1$�U � C ity o� .�.. . 1Viendota Heights February 18, 19'93 Mr. Martin J. Costello Hughes &.Costello � 1230 Landmark Towers 345 St. Peter Street S t. Paul , NII�T 5 5102 Dear Mr. Costello: On February 16, 1993 the Mendota HeighGs City Council considered your recent proposal to provide police prosecution.legal services to the City. Bas.ed on the quality of the proposals� received and the broad base of prosecution exper�ience repr'esented, the Council's decision to choose four firms to interview was extremeiy difficult. I am pleased to inform you that your firm has been selected to interview before the City Council on Tuesday, March 30, 1993 beginning at 7:45 o'clock P.M. The interview will take place at Mendota Heights City Hall and should last approximately fif�teen minutes. The three other firms chosen to interview for the work include�Levander, Gillen and Miller, Winthrop and Weinstine and Rarney and Smith. ` � , For the interview, please be prepared to provide a five minute summary of your service proposal and be prepared to �answer releyant questions posed by the City Council and staff. Those attorneys proposed by your firm to be directly involved in handling the City prosecution wo�k are requested to attend and participate in the interview process. Although none is specifically requested by the City, any additional documentation you may wish to submit in support of your proposal is due at City Hall no later than Friday, March 19th at 4:00 P.M. I sincerely wish to thanlc you f�r responding to our request for proposals and congratulate you on being chosen to advance to the interview process. Please feel free to call with any questions you may have. � �� Sincerely, CITY OF MENDOTA HEIGHTS , Tom Lawell City Administrator MTL:kkb . 1101 Victoria Curve • 1Viendota Heights, 1ViN • 5v118 452 • 1850 n s a HUGHES & COSTELLO ATTORNEYS AT LAW 1230 LANDMARK TOWERS 345 ST. PETER STREET ST. PAUL, MINNES07A 55102-1637 TELEPHONE (612) 227-8427 FAX <612) 227-8428 MINNEAPOLIS OFFICE SUITE SOO - 701 FOURTH AVENUE SOUTM MINNEAPOLIS, MINNESOTA 5 541 5-163 1 February 22� 1993 Tom Lawell, City Administrator City of Mendota Heights 1101 Victoria Curve Mendota Heights, Minnesota 55118 RE: Mendota Heights Proposal Dear Mr. Lawell: MARTI This is to confirm the interview scheduled for Tuesday, March 30, 1993, at 7:�� Hughes & Costello is delighted to be selected as a finalist for the position of Heights City Prosecutor. � Also, enclosed is the latest update to Minnesota Misdemeanors and Moving Violations that I had supplied you with. Thank you for your aontinued consideration of our proposal. Sincerely, HUGHES & COSTELLO ��'G�'� 2%�� Martin J. Costello MJC/kmt Enclosure Repiy to: I J. COSTELLO it. Paul Office p.m. H UGH ES & COSTELLO ATTQRNEYS AT lAW 1230 LANDMAF2K T4WER5 345 ST. FETER STREET 5T. PAUL, MINNE547A 55 102-1 63 7 TELEPFIONE t6i2} 227-8427 FAX 1612) 227-8426 MINt�tEAPOLtS QFFlCE SUITE SOO - 701 FOURTH AVENUE 54UTM MINNEAPOIIS. MINNE$QTA SS+415-1631 March 19, 1993 Tom Lawell, City Administrator City of Mendota Heights 1101 Victoria Curve Mendoia Heights, Minnesota 55118 Re: Mendota Heights Proposal Dear Mr. �aweli: '-s • MARTIN J. COSTELLO St. Paul Office This is to inform you that Glen M. Jacobsen has become associa#ed with me in tF�e practice of law. • Mr. Jacobsen is a 1987 graduate of William Mitchell College of Law and has served as prosecuting attorney for severai municipafities. Mr. Jacobsen has prasecuted for the cities of Narth St, Paul� Oakdaie, Landfall, and Coon Rapids, Minnesota. He has nearly six years municipal prosecution experience including charging, arraignments, pretrials, court triats, and jury #rials. �tf Hughes & Costel(a is selected as Mendota Heights prosecutors� t would be the primary prosecutor, and Mr. Jacobsen would enhance our ability to provide quality prosecution legal serv�ces #o the City. Enclased is the targeted picketing material you requested, inciuding the VIJh�te Bear Township ordinance and the trial court's decision upholding the ordinance. The defense has appeaied this matter to #he Minnesota Court of Appeals. 1 will keep you informed of all developments. Also enclosed is the latest update to Minnesota Misdemeanors and Moving Traffic Vialations If you have any questions or need additional information, please call me. Sincereiy, Ht1GHES & CQSTE��Q �'/�.�� r..�C'�, Martin J. Costello MJC/kmt Enclosures y a � � � A7TORNGY5 AT LA1'1' LEVA�DER, GILLEN & �ILLER, F.A. 633 SOUTH CONCORD STRGET SG17'G 402 P,G. BO\ 298 S4iJTH ST. PAL`L, MII�YES4TA 5547a 612-951-1831 FAX 612-450-7384 March 19, ].993 Mr. Tom Lawell City Administrator City af Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 RE: City P=asecution Proposal Dear Mr. Lawel].: ARTI#UR GILLEN KOGGR G. hfiLLER TIAfOTHY J. KUNTZ DANIEL J. BEESO\ GLiM1 H. CRAWFORII ' J. !VElLAN [:RUELL KENNETH J. R4HGF s41ZABETH J. \VOLF HAROLD LEYAND�R 1910-1992 We are most pleased that the City Council has invit d us to interview for the legal prosecuti.on �ervices cantract. In yaur letter you asked that additional information regarding our proposal be provided noi. later than Friday, March 19th. - While we do not have any additianal documentatian to provi wish to inform you that our firm is continuing to expand in the process of installing a new, state of the art netwark that will pravide IBM personal computers to aI prosecution team. We anticipate that the technological up c}�eatly improve our efficiency and ability to manage our c Tn addition, we are pleased to announce that Joseph P. ] joined aur 2aw firm as an associate attorney. As you will his resume which is enclosed, Jae has extensive litigation• e�aerience. Joe graduated fram St. Thomas University in : a Bache].or of Arts Degree in Political Science. He e2 Juris Doctorate from William Mitchell College of Law Prior to joining LeVander, Gillen & Miller, Jae served a: clerk for the Honorable Thomas R. Lacy here in�the First District. We are �incerely looking forward to our interview with cil. and a eciate being considered to pravide this Ieg �. servic�%�� the City. " ver�r . : j we do We are �mputer af aur te will e load, has f rom �86 with ned his � 1992. the law City JOSEPH PATRICR LALLY 1883 Goodrich Avenue St. Paul, Minnesota 55105 (H) 612-699-4794 (W) 612-451-1831 LeVANDER, GILLEN & MIILER, South St. Paul, Minnesota Associate (March 1993 - Present) Practice in the areas of municipal law, criminal prosecution, real estate and commercial litigation. THE HONORABLE THOMAS R. LACY, First Judicial District, Minnesota Judicial Law Clerk (August 1992 - March 1993) Researched procedural and substantive issues in civil and criminal law; drafted opinions, orders and memoranda; attended all phases of judicial proceedings. HERTOGS, FLUEGEL, SIEBEN, POLK, JONES & LaVERDIERE Hastings, Minnesota Law Clerk (September 1991 - May 1992) Researched areas of personal injury, and products liability, with an emphasis on asbestos-related litigation; drafted appellate briefs, pleadings and memoranda. PARSINEN, BOWMAN & LEVY, Minneapolis, Minnesota � Summer Associate (May 1991 - August 1991) Researched civil litigation issues including contracts, real estate, taxation and employment law; wrote motions, br-iefs and memoranda; attended in-house legal education seminars. CHADWICK, JOHNSON & CONDON, Minneapolis, Minnesota I,aw Clerl� (January 1991 - May 1991) Researched areas of insurance defense litigation; wrote pleadings, memoranda and discovery requests. WILLIAMS & CONNOLLY, Washington, D.C. Litiqation Paralegal (June 1987 - August 1989) ' Worked with trial teams on all aspects of complex litigation; summarized deposition transcripts; organized e�ibits for trial; assisted in preparation of clients for grand jury, congressional and trial testimony. Law Library Assistant (August 1986 - June 1987) Performed general and legal research. WILLIAM MITCHELL COLLEGE OF LAW, St. Paul, Minnesota Juris Doctor, 1992 Appellate Advocacy Fellowship; 1991-92 Moot Court Board; 1991 Rosalie Wahl Moot Court Competition, semi-finalist. Admitted to practice in Minnesota, 1992; U.S. District Court for the District of Minnesota, admission pending. COLLEGE OF ST. THOMAS, St. Paul, Minnesota Bachelor of Arts in Political Science, 1986 President's Student Development Council; Vice-President, Student Government; Varsity Track and Field Team. ST. THOMAS ACADEMY, Mendota Heights, Minnesota College preparatory, 1978 - 1982 i � ■ 0 CITY OF MENDOTA HEIGHTS MEMO March 26, 1993 T0: Mayor and City Council FROM: Tom Lawell, City Adminis SUBJECT: Downtown Community Survey DISCIISSION On March 16, 1993 Council approved an agreement with Decision Resources Limited (DRL) to conduct a community survey c ncerning the future of '�downtown Mendota Heights". At that meetin , it was hoped that a number of draft survey questions would be vailable for Council review at the March 30th workshop. Unfortunat ly, both Bill Morris and Diane Traxler of DRL have been out of t e Office ill in the past week, and the questions have not yet been repared. In the alternative, DRL has developed a list of ossible topics which could be included in the �survey (see a tached). Council is asked to review the list and provide commenta w ich•will then be passed back to DRL for •use in developing the ac�u 1 survey questionnaire. As soon as�DRL is able to develop the actual draft �est'l;ons, they will be scheduled for formal Council review, hope ully on April 6th, but no later than April 20th. �TAFF RECOI�IEENDATION Council should review the attached•material and pro� with any feedback you would like to have reflected in t survey questionnaire. Staff will then be in contact wi begin work in preparing the specific questions. MTL:kkb : staff actual DRL to ; � � From : DRL 1�1dr.26. 1995 02:3� PI�1 P02 vecision - Resources Lt . d TO: Tom L�wcl�., City Administrr�tor I'ROM: Bill M�}L•r•Is UATE: March 2G, ].993 SUBJECT: PrRliminary Survcy Topics List ------------------------------------------------------------ 1. AWAK�NLSS/KNOWr�FDGF OF �F,VrT�PMF..NT PI..AN� 1. Awareness of iEeue. �. Asp�Cts ot fiost importance ta rc?s:p�ncipntG. ( �„aEa� iz. YII. 3. DRvaloi�ment moet Pavored Sn Down�owt�. (opcn-c dcd) 4. Uevelo2�ment most apposed in Downrown. (opPn-� dpd) 5. lleveluf�ineitL �L•i�x•iLies. HIGHWAY 149 & HIGHWAY 110 PiiOl�OSAL SY�CY3�'1C5 1. Reaction to more re�.ai 1 i n 1)odd lto�ci ��Loop. " 2. Ty�+�:: c+f 1'etail establishment; cic: �i rcd. 3. Types of other devQlopments desir.ecl/oppas2d. 4. Reaction to more parking lot.s. 5. R�a�:Liur� ta C:X�d11S1011 of open spacc in �r.ea. G. RoacL-ion to more bicycl�/p�de�tr.�a�z zccess in a 7. Rr•.ac:tion to specific desi.gn proposals� ror podd 8. R4�ic;l.l�n t,� tr�ific co�itral sciicn�c:�• fvr 3lxghway , DEMOGRJIPHT CS 1. l�rpa nf rPsidence. 2. Curr�nt h�useli�la usE af nowntnwii ArF:t�. 3i�5 Dc7n C:ot�rt • Minne��poli�., Mirin�sc�t�.t >>� u� �(G13) �24-(�: � ;oad. 110. ,:. � � CITY OF MENDOTA HEIGHTS MEMO March 26, 1993 T0: Mayor and City Council FROM: Tom Lawell, City Administ SUBJECT: Air Noise Advisory Commiasion INTRODIICTION ! In recent months, Council has discussed the possib� ; forming an Airport Noise Advisory Commission to bette� i decisions made by the Metropolitan Airports Commission, the� , Aviation Administration and the State with respect to i noise. This workshop item is intended to present possibl ' for such a Commission, and discuss some of the areas the Co , could be assigned to pursue. � ' � DISCIISSION The Cities of Inver Grove Heights and Eagan curren�� within their Cities one or more bodies which deal with the ' noise issue. Within Inver Grove HeightS, an Aircraf Abatement � Commi'ssion was established in April '1991 (see ; Resolution). The Commission consists•of five members appo the City Council to serve for staggered three year terms. may be removed at anytime by a�4/5's vote of the City Coun , all members serve without compensation. Eagan has two active groups involved in the airpo� issue. The first, an Airport Relations Advisory Commiti established by Council motion in 1983-84. The Committee ' of seven members who meet monthly at City Hall. The seco; ' group, the Eagan Noise Abatement Committee (TNAC)., was for years ago by a group of citizens who felt the City of Eagan aggressive enough in addressing the air noise problem. ENP. officially recognized by the City Council and currently t: no active ENAC members serving on the City's Airport R� Committee. lity of impact Federal .ircraft ; models antssion � ly have airport ; Noise � tt�ched nted by .member il, and t noise ee, was :onsists id Eagan ned f our was not � is not iere are :lations e r Also attached for your information please find copies of Mendota Heights Ordinances Nos. 108 and 109, which established the - Planning Commission and Parks and Recreation Commission, respectively. These documents may be helpful in discussing the possible format for an Air Noise Commission. Of course, the most important question relative to forming such a Commission involves the duties and responsibilities assigned to the body. Given the many agencies and initiatives ongoing with respect to aircraft noise, the "Menu of Duties" provides quite a selection. Efforts which require monitoring by the City likely include: 1. Challenge to the Dual Track Process As the details of the airport relocation option are defined, pressure will continue to mount to abandon the dual track process in favor of expanding existing MSP. Legislation is currently being discussed at the Capitol which would do just that. Council went on record in opposition to terminating the dual track process with the adoption of Resolution No. 93-20 on March 16, 1993. This Resolution was mailed to over sixty individuals. To date, we have received only one written response from MAC Executive Director Jeff Hamiel (see attached) . 2. Mendota Heights/Eactan Corridor Issue . , The Mendota Heights/Eagan Corridor Issue was considered by the MAC in November 1992_ and. a decision was made to basically leave the corridor in place as it currently exists. Mendota Heights still contends the corridor inequitably distributes noise over our residential areas, and should� we wish to further pu'rsue thi� matter, alternative strategies need �o be developed. ' 3. Part 150 Noise Mitiqation Program This Federal Program �provides funds to NlSP for purposes of acquiring or sound insulating homes which fall into a particular zone of noise exposure. To date, Council has chosen to pursue home acquisition in the area west of Highway 55. Should this effort be continued, shouli3 we begin a sound insulation program, or should we bank excess funds in the� hopes �of acquiring larger residential tracks sometime in the future? Questions have also recently been raised by the City of Minneapolis regarding the distribution of Part 150 funds amongst the affected Cities (see attached newspaper article). / 4. Federal Aviation Rules In February 1992 the City asked Congressman Jim R� pursue possible federal regulations which would help the noise problem at MSP. To date, no response received. 5. MASAC Involvement The Metropolitan Aircraft Sound Abatement Council is c of City and industry representatives concerned about noise problem. Mayor Mertensotto has suggest� Councilmember Smith serve as the City°s represent� MASAC, and that he serve as the alternate represe. effective as of the April 6th Council meeting. Most � operation procedural issues which impact air noi through MASAC before being considered by the full NlFi� 6. Eaaan Flight Profile Study The City of Eagan recently asked the MAC to anal: impacts on noise associated with various take off px that is, how quickly and in what manner an aircraf altitude in relation to noise sensitive areas. Recent Aviation regulations also address the take off profile available for use by airports across the country. 7. Inver Grove Heiqhts Three Mile Fanning Proposal At the MASAC meeting held March 23rd, the City of Inve Heights introduced a motion to force aircraft to tu reaching a point three miles from runway end (see att The three mile ppint within Mendota Heights is just pas for aircra�t departing to the southeast of MSP. Were a to fan at that point, some previously non-noise impacte could received air noise. The matter was referred MASAC Operations Committee, to which Mendota Heights b for more study. 8. ANLEF Status The City Air Noise Litigation Escrow Fund presentl balance of $7,129. The City solicited ANLEF funds to for possible litigation against the MAC and/or FAA. D� need to be made regarding the disposition of these f� 9. Minneapolis Lawsuit The Minnesota Public Lobby and the South Metro Airport Council are engaged in a lawsuit against the MAC rec repeated violations of the State's noise pollution 1 aircraft departing MSP. The suit was successfully defe: the MAC in District Court and MPL and SMAAC are conside: appeal. tad to tigate s been mprised the air d that �ive on tative, ircraft �e pass ze the �files, , gains ions : Grove �n• once iched) . : I-35E .rGraf t i areas to the �longs, has a isions Action aws by �ded by �ing an 10. NOISE Membershit� While attending the recent National League of Cities Conference in Washington D.C., Councilmember Smith became acquainted with the National Organization to Insure a Sound Controlled Environment (NOISE). The Organization publishes a monthly newsletter on recent noise related developments and serves as a resource for Cities concerned with the air noise problem (see attached material). Annual dues are based on City population and would only amount to $385 for a City our size. RECONlDZENDATION I recommend that Council discuss the various op�ions available in forming an Airport Noise Advisory Commission, and discuss the types of activities the Commission would be expected to perform. Should Council wish to proceed with forming such a Commission, an Ordinance which would establish the Commission could be prepared and included on the Council's April 6, 1993 meeting agenda. MTL:kkb t• �. � CITY OF INVER GROVE HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION N0. 5016 RESOLUTION ESTABLISHING AN AIRCRAFT NOISE ABATEMENT WHEREAS, the City Council has determined there exists to monitor, review and make recommendations to the Council to airport noise; and ' WHEREAS, the City Council�has concluded that the most local means to address this concern is through a permanent commission. � . NOW, THEREFORE, BE IT RESOLVED that the Inver Grove Council establishes an Airport Noise Abatement Commission body to the City Council pursuant to the following: SSION the need relative effective advisory hts City . an advisory SECTION I. Composition. The Commission shall be com rised of five members appointed by the City Council. �The.term of o fice shall be three years. One term shall expire in 1992, two terms hall expire in 1993, and two in 1994. The anniversary date of all app intments shall be May 23. • Vacancies during a term�shall be filled by the Counci for the unexpired portion�of the term. .A member may be removed at any time by a four-fifths (4/.5) vote of the City Council. All memb rs shall serve without compensation. • • SECTION II. Organization. The Commiss.ion.shall elec a chair- person from amo�ig its appointed members for a term.of one ear; and the Commission may create and fill such other offices as i may• determine. The Commission shall hold at least one regular meetin each month and such special meetings as determined by the Commi sion. It shall adopt rules for the transaction of business and s all keep a record of its resolutions, transactions�and findings, wh'ch shall be a public record. Three consecutive unexcused absences from Commission i shall be deemed to constitute a resignation. The Chairper: report such absences to the City Council who shall malce an ment to fill the vacancy. shall oint- s 7 _ RESOLUTION N0. 5016 � 0 SECTION III. Duties and Functions. The duties and #unctions of the Commission s a�ll be as follows: I A. The Commission shall monitor, review and report o the City Council annually its findings and recommend tions relative to airport noise sound abatement and so nd reduction activities from the Metropolitan Airpo ts Commission. B. The Commission shall recommend to the City Counc 1 the appointments of delegates and alternates to vari us advisory�boards concerned with airport noise. C. After its organizational meeting, the Commission shall recommend to the Council the terms of .office of he initial members. The Council will determine the terms • of office of inembers. ' Adopted by the City Coun�cil of Inver Grove Heights this 8�h day of April, 1991. � Ayes: 5 Nayes: 0 ATTEST: Q!Gl.�4 — , Lore ta Gar ity� uty C erk semary ,�• �� -�s.s�. � CITY OF INVER GROVE HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION N0. 5442 RESOLUTION REQUIRING THE CITY'S MASAC REPRESENTA BE A MEMBER OF THE CITY'S AIRCRACT NOISE ABATEMENT COMMISSION WHEREAS, the City of Inver Grove Heights has an Airc�Caft Noise Abatement Commission, and � WHEREAS, the City of Inver Grove Heights has an appojinted representative on MASAC, and � WHEREAS, there is the need for �oth parties to be wo king together sharing information and ideas in order to abate aircraft noise over the City, NOW, THEREFORE, BE IT RESOLVED that the Inver Grove Heights MASAC representative and the alternate MASAC repr sent- ative be members in good standing on the City's Aircraft oise Abatement Commission, with the exception of the Chairpers n of the Aircraft Nvise Abatement Commission who will be ineli ij�le to serve as a MASAC Representative while holding the Chai position. � ( - � Adopted by the City Council of Inver Grove Heights this 2 nd day of June , 1992. Ayes: Nayes: 0 ' I, ! emary Yiexarsxi-xrecn, ATTEST: Lo t arrit , Deput er , ; 11 CITY OF INVER GROVE HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION ESTABLISHI�lG GUIDE FOR CIiY CO�df�iISSIO.N/TASK FORCE MEMBERS RESOLUTION N0. 214� BE IT RESOLVED: That Task forces receive a copy materials presented them. ROLE �� all new appointees to City Commissions or of this resolution as part of the packet oT The roie of City Commission/Task Force members is io advise the City Council on.matters of City business. The specific duties �hat are the purview of a given Commission/T.ask Force are delineated in the R2solution establishing that Commission/Task Force. 1. These may be re`erred� by the Council or the Commission/ ask Force may elect to explore relevant issues on its own ini�ia�ive. 2. Questions referred by the City Council, or established by law " Commission's/Task Force's primary duties, receive priority. When the Connission/iask Force has a recommendation on any subject, Con:�ission reconmendation, in the forn oT a motion or a r�solution, forwarded to �ne Ci�y Councii. ' 1. � .. 3. Issu�s discuss�d, reasons for acczpting and reasons �o ideas, can be helprul so �•hat the Council need not cov ground the Con�ission/Tas!c Force has already ex�lored. R�co,nenda�ions should iden�ify �n2 vote, i.e., �nos� o�pos�d and thes2 abstaining. i:�e foregoing is not ��ant to �ronibi� a"minority" re issu� vo�ed on by a Comnissian/Task�Force. COHtaUy i CAT I ONS A. It is expec�ed tha��tne need will arise to con�er otn� officials, private parties, stat� agencies, e�c. in ,or gather in�ormation nezded to nake a recommenda�ion to F�el free to nake in�ormal contacts�ror information ga purposes. as a � �he is rejecting t. �n� sa:::e r, ihos� r � on an�i p v'S1 i c �r io he Council. hering B. Official communica�ion, ei�her wri�ten or verbal, in w'ich a"City" attitude or position is �o be conveyed, must be approv d in advance by the Council. An official writ�en position pre�iously adoptzd by C. tne•Council may be used. Press releases, letters to newspapers, news articles, present an opinion of an individual should be done t�i� to the Conmission/7ask Force, as a private citizen. Requests `or the City`s position on any subject, regar the request is addressed, must be forwarded to the Cou with the proposed response. (T•his problem most o`ten sta�e and �ederal agencies communicatin� direc�ly with or an individual member of a commission.) ( :E:�BERS tc. that re- ou� rererence 1 ess to whor� cil along rises from a commission A. Qualifica�ions for membership are detailed in the Reso ut�ions establishing the Comnissions/Task Forces. B. Occasionally there is difficulty with a quorum at mee� ngs due to lack of attendance. To deal with �his situation a pro edure is outlined in tne resolution establishino some of ihe C�mmit�i�ns/ _ t �. i��v�v� 1un nv. G/�/ - rr�� c � �•: •Task �orces. If ttie resolution is silent on this matter for a Comrr.iss - Task Force, the situation should be brought to the attention of the City Council through the Council liaison or communication with the Council. EXPENDITURES A. Money for the operation of the various commissions/tas budgeted under the Mayor.& Council account. The fund and authorized for those expenditures required by law operating expenses. If expenditure of additional Publ recommended by a Commission/Task Force, a request is t recommend.ing a specific use, the dollars needed, and f the Council. � 8. Routine expendi�fures can be authorized by the City Adm Any difficulties in this area should be brought to the of the Council liaison. USE OF RECOMMENDATIONS forces is s adequate nd for most c Funds i s be adopted rwarded to nistrator. attention The Council nay adopi, modify, reject, or refer back for `urther study the recommendations. Historically most recommendations brough� forward� have eventua]ly been adopted - this is due to the thorough ork o` the Commission/Task Force members. Some recommendations are rejected. This may be because o� a conflicting state law, lack o,` resources, lack of au�hority, or tha� �ne guiding philosophy o� the majority of the Council dif�ers `rom tha� or" the najority of the Conmission/Task �orce. '�Jhen deliberating the Council must consider a wider range �� actors tnan the Commi s s i on�s/Ta�s�k -Forces . In the ri nal anal ys i s i t.i s �he - Council which holds botn the autnori�ty and the responsibility for alI decisions. Only the City Council is authorized by the voters to act an spea< for the Ciiy. Adopted ihis 14 day,oT Oecember, 1981. Ayes : Nayes: ATTEST: Tatonz, Sa2d, Newton, Henderson Teare ,.—=-��Q..� 'L �L.1 � � `� . ,.narlotte M. 0'Oonne Interim City Clerk r. owara �. Newton,(t�ayo 0 ORDINANCE NO. 109 AN ORDINANCE ESTABLISHING THE PARKS AND RECREATION COMMISSI SECTION 1. ESTABLISHMENT OF COMMISSION The Parks and Recreation Commission for the Village of Mendota Heights is establ ished. SECTION 2. COMPOSITION The Parks and Recreation Commission shall consist of 7 residents of the Village by the Mayor with the consent of the majority of the members of the Village C The members shall serve terms of three years. The term shall be staggered so tl of at least two members shall expire each year. Terms of inembers shall comme February 1 and shall terminate on January 31 of the year of termination. A m� wh.ose term of office has expired shall ser.ve until a successor has been appoint� February meeting shall be an organizational meeting at which the Commission a Chairman and a Vice Chairman from among its members and shall appoint a� who may or.may not be a member of the Commission. The term of such officer: be for a period of one year. SECTION 3. DUTIES AND POWERS � The Parks and RecreQtion Commission shall advise the Village Council on matt� taining to Parks and Recreational development programs and shall caoperate wi personnel in implementing the Parks and Recreation progroms. The Parks and R Commission shall advise the Village Council on the establishment of written ru regulafiions for the use, management and operation of the public parks and recr facilities, the same to be approved by action of the Council before being put i The Commission shall, if requested by the Village Council, prepare plans �for t acquisition, devetopment and improvemen.t of the Village public parks and rec facilities �nd shall, if requested by the Village Council, develop a Compreher for future park development and open space. The Parks and Recreation Commi, if requested by the Village Council, prepare a Capital Improvements program � purpose of determining priorities and apportioning costs of scheduled improvem appointed �ncil . it terms ce on d. The hall elect ecr�tary shall rs per- rh Vi� lage �creation es and sational �to effec#. :ational ive Plan ion shall, r the �is. (109) 1 The Commission shall, in performing the afiorementioned duties and responsibil ties, exhibit the initiative in formulating policies which will be responsive to the a ticipated need and objectives of the community. I SECTION 4. MEETINGS The Commission shall hold at least one meeting each month at a time regularly blished and approved by the Village Counci) and shall hold such special meeti may be necessary for the conduct of its business. The Commission shall adopt i the transaction of business and shall keep a record of its resolutions, transactic findings, which record shall be maintained as a public record. The Commissio submit to the Village Council a true and correct copy of all of its minutes, rec dations and other reports. SECTION 5. COMPENSATION The members of the Parks and Recreation Commission shall serve without co but shal I have the right to be reimbursed for expenses incurred in the perfoi their duties. SECTION 6. VACANCIES Any of .the following may cause the office of a member to become vacated: 6.1 6.2 6.3 6.4 Death; Disability or failure to serve, as shown by failure to attend four scheduled meetings in any one calendar year; Removal of residence from the Village, or Resigncation in writing. esta— gs as ul es for s and shall , mmen— isation ce of lafly Vacancies shall be filled as soon as possible for the unexpired portion of the te� by the Mayor with the consent of the maj�ority of the members of the Village Coun il . 1109) 2 ORDINANCE NO. 108 AN ORDINANCE ESTABLISHING THE PLANNING COMMISSION. SECTION 1. ESTABLISHMENT OF COMMISSION The Planning Commission for the Village of Mendota Heights is hereby establi SECTION 2. COMPOSITION The Planning Commission shall consist of 7 residents of the Village, appointed Mayor with the consent of the majority of the members of the Village Council , members shall serve terms of three years. The terms shall be staggered so that two members shall expire each year. At the organizational meeting of the Pla Commission held in February of each year the Planning Commission shall elect man and a Vice Chairman from among its members and shall appoint a Secretar may or may not be a member of the Commission. The term of such officers shal a period of one year. SECTION 3. DUTIES AND POWERS The Planning Commission shall make studies, investigations and recommcndatia Council regarding matters affecting general matters of planning including zonii transportation, platting, and public improvements and such other related matte may be assigned to i,t by the Village Council. The Planning Commission shall, quested by the Village Council, adopt a comprehensive municipal plan for fut� developments and land use, and may with consent of•the Council, prepare a cc improvements program forthepurposeof determining priorities and apportioning of scheduled publ ic improvements. The Commission shall, in performing the af mentioned responsibilities, exhibit the initiative in formulating plans which wi responsive to the anticipated needs and objectives of the Village. SECTION 4. MEETI NGS y the The rms of iing Chair- w ho be for ns to the �9. rs as if re- re ' pital the costs xe- I I lie The Commission shall hold at least one meeting each month at a time regularly esta- blished and approved by the Village Council and shall hold such special meeti gs as � may be necessary for the conduct of its business. The Commission shall adopt r les for fihe transaction of business and shall keep a record of its resolutions, transactio s and findings, which record shall be maintained as a public record. The Commissio shall submit to the Village Council a true and correct copy of all of its minutes, rec mmend tions and other reports. 108) 1 SECTION 5. COMPENSATION The members of the Planning Commission shall serve without compensation but the right to be �eimbursed for expenses incurred in the performance of their du� SECTION 6. VACANCIES Any of the following may cause the office of a member to become vacated: 6.1 Death; 6.2 Disability or failure to serve, as shown by failure to attend four r scheduled meetings in any one calendar year; 6.3 Removal of residence from the Village; or 6.4 Resignation in writing. Vacancies shall be filled as soon as possible for the unexpired portion of the t� Mayor with the consent of the majority of the members of the Village Council 0 shall have •ies. larly by the � �8� 2 METROPOLITAI�T 1�IRPORTS COIVII�I�S� �P,+�S Sq�Hr Minneapolis-Saint Paul International Airport Fr`' t°� 6040 - 28th Avenue South e Minneapolis, MN 55450 3 o Phone (612) 726-810Q � Fax (612) 726-5296 at * � O � y � F o � 9~ 4�RPpR1y LO March 22, 1993 Mr. Tom Lawell City Administrator City of Mendota Heights 1101 Victoria C�rve Mendota Heights, MN 551�18 Dear Tom: Office of Executive Director r J Thank you for your letter of March 18 expressing your support for continued w� Dual Track Airport Planning Process. By way of background, I recently met w Majority Leader pon Moe and House Majority Leader Dee Long and other l �members soliciting their strong support of continuing the Dual Track Process. Metropolitan Council and the MAC have been working cooperatively toward From a personal standpoint, I am totally committed to continuing the Dual Tr; because it is the only, opportunity that we will have to look towaxd twenty to into the future. At some point in time, planning processes must continue and down cycles in the industry should not interrupt the long term planning �pro� I will insure that the Commission is fully aware of Resolution No. 93-20 and your comments as background information. I� I can be of any help or assist; feel free to contact me. Sincerely, � � Jeffrey W. Hamiel Executive Director The Metropolitan Airports Commission is an affirmative action employer. � on the Senate h the goal. Process ty years include , please Reliever Airporls: AIRLAKE � ANOKA COUNTYBLAINE � CRYSTAL � FLYING CLOUD � LAKE ELMO � SAINT PAU�. DOWNTOWN , ', 03-11-1993 @8:17 612 552 4000 CI'T� OF 1GH I P.02 .,-•---� i . • s„• tf�e� Th4 Citg af� =r�ver Grrnro 8e3qhts, mov� that; 1� ta t3ie, int�►remt� o�' e�voa air trr�ffie gro Z� 2� os�ler to promote sa�� and �,nped�ient � ao�theast aad 3 i T+a acaoa�g�.i�h �hs gr�nls o! �taxi.�a fuel mi.ni,rp� adv+er�e essvf�n�al 3s�psct; �17lBAC raspsetfuily request� th� �tstrapalita�n 71iz�vrts� t�ice e.pPraPrtete �ua�ure• to e�I�ts Zangua�qe of t t�hic� Aoyrgovera� the 3-�ilc tu�g procsedure• far a�f. departing to �he sou#hdae�t. Ne fuzfiher re�que�t th�►� tl�a p�rt3nec►t sccti�rr�a c� e�i� oz ch�tnged to the tollo�t�ng! "i�h� 8ep�r�ing fro�s rurnrnys 11 a3Yaraf'� ehall �urn an sam aa it is praa�l.cakl, to do �ro a ntleelt. " 0 :ee to tY�is .�Y� aad �iasicn �er ordear . �r be t ot 11 L, 'ter thr�e NOISE National Organization to Insure a Sound-controlled �nvironment 1225 Eye Street • N.W. • Suite 300 • Washington, DC 20005 • 202/682• Mazch 16, 1993 The Honorable Jill Smith City Council Member City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Dear Council Member Smith: At the request of Mayor Conrad Bowers of Bridgeton, MO, I am writing to acqu� the work of the National Organizarion to Insure a Sound-controlled Environment NOISE is a national association consisting of elected officials whose communitie aze impacted by airport noise; and of communiry organizations concerned with aviati n noise policy; airport operators; airline representatives; noise consulting fums; and gove ent agencies with responsibilities in the aircraft noise area. with As you can see, we represent a broad range of interests. Although our principal us is on the concerns of local governments, NOISE has a long tradition of fostering partic pation by the aviation industry, regulators, and citizen groups as well. Our annual meeting ha�ce always provided an arena for the useful exchange of opinion and information am ng these diverse groups. ' NOISE publishes a monthly newsletter which goes to all categories of inembers d serves as an update on regulatory and�legislative developments in Washington related to ' rt noise. The newsletter also carries reports of the organization's national lobbying activiti s. A recent' issue is enclosed to give you an idea of the ldnds of matters we are involved in. A NOISE membership would provide you with timely information on the evoluti n of rhe National Noise Policy,.implementarion by FAA of the Airport Noise and Capacit Act, the work of the Federal Intera.gency Committee on Noise relating to noise metrics, an FAA rulemakings such as the currendy pending Advisory Circular that would establish standardizec noise abatement takeoff procedures at a11 U.S. airports. The opportunity offered by the NOISE annual meeting to network with others in e field, learn about technological advances in noise abatement or measurement, anc� ques ' n FAA officials on regulatory policy is also an important benefit of inembership iri NOIS . I hope you will see fit to join us. Should you have any questions about NOISE I invite you to give me a call and I will be more than happy to answer them for y promised, I am also enclosing a brochure on the National Airport Watch Group. Thank you for y�attention to the enclosed materials. r � Si y, Charles F. Price � Executive Director encl cc: Conrad Bowers its work, As NOISE Nationat Organization to Insure a Sound-controlled WHAT IS NOISE? The Nadonal Organization to Insure a Sound-controlled Environment (NOISE) is an governments whose mission is to reduce jet aircraft noise. We do this by working at the national level for federal aviation policies that protect th living near airports and the powers of local govemments to regulate land use around has pursued this objective so successfully that we are now recognized by the federa: the aviation community as the authoritadve voice of cities and counties on these issi Although we seek noise abatement, NOISE is not anti-aviation. Indeed, NOISE industry, airports, and airlines to achieve more acceptable levels of aircraft coalitions with municipal and other interest groups sharing our commitment to City and county governments are the only full members of NOISE. Each local go NOISE is endtled to a seat on the Board of Directors which sets policy for the organiz official is usually named to fill that position. Associate memberships aze available for corporations, nonprofit organizations, and concerned citizens. NOISE•1225 Eye Street•N.W.•Suite 300•Wasl�ington, DC vironment oflocal ; rights of people �irports. NOISE government and with the aviation We also forge reduction. ment joining i. An elected : operators, WHAT ARE THE BENEFITS OF NOISE MEMBERSHIP? Belonging to NOISE means your community will become part of an official channel thi municipalities are making known their interests to federal authorities, the airlines, airpo: aircraft manufacturers, and the general public. Through this same channel you will ha� regulatory and technical information from government, the aviation industry, and the acousti experts who advise NOISE. You can expect the following speciiic membership benefits: + ADVnCACY. The NOISE Washington, DC o�ce is staffed by experienced lobbyists r in constant contact with the appropriate members of Congress, congressional committee s� relevant off cials of FAA and consequently can undertake promptly whatever legislative or actions are necessary to serve the interests of NOISE members. + OUTREACH. NOISE coordinates its lobbying activities with municipal and other int sr�clt as theNational League of Cities, U.S. Conference of Mayors, National Association of C tlte National Airport Watclz Group, in order to present a united front on common issues. worl�s constantly to inform the groups representing airlines, airport operators, airline pi manufacturers, and the aviation industry about the noise abatement concerns of cities. + INFORMATION. NOISE publishes a monthly newsletter which keeps cities up to organization's lobbying initiatives, FAA regulatory action, pending legislation likely to af �ioise, aitd news of actions taken by the NOISE Board of Directors. + ANNUAL MEETING. 7'he NOISE annual.meeting and aviation noise symposium is al the ltiglt points of the year in the advancement of knowledge about aviation noise and its c� also one of the mostfertile meeting-groundsfor the exchange of opinion among the diverse tlie aviation noise community. City officials, airport noise o�cers, acoustical consi researchers, federal and state regulators, congressional staff, and interested citizens come � tliree days of panels, discussions, and tours. + TECHNICALASSISTANCE. NOISEservesasatechnicalassistance puttil:g tliem in touch as needed with aviation consultants, airport .and land-use p� authorities on aviation noise, acoustical researchers, and state and federal regulators, �rdvice o�: all aspects of a local noise problem. igh which operators, access to 1 and legal ► remain ; and all �groups 'ies, and SE also aircraft e on the aviation �e of It is �s in and rfor • members, :ers, legal o can give � ND�SE Nationai Organization to Insure a Sound-controlted Environme 1225 Gye Street , N.W. • Suite 300 • i�'ashingtun, DC 10005 • 202/682-9386 Federal Tax ID � �?-0983418 Dues are not tax deductible as charitable cot Federal Income Tax purposes. J MEMBERSHIP APPLICATION SCHEDULE OF ANNUAL DUES FOR NOISE ��'� •�• �� l�. S,U00 and below 5,000 to l0,OQ0 10,Q00 to 25,000 25,000 to 75,000 75,000 to 100,000 100,000 to 250,000 250,000 to SOO,OOQ S(}0,000 to 750,000 750,000 to 1,000,000 Over - 1,000,0(}0 ANNUAL DUES $ 155.00 385.00 770.Q0 1,155.00 1,540.40 1,925.(}0 2,310.00 3,000.00 4,OOO.QO 5,000.00 MEMBERSHIP FOR (YEAR) NEW RENEWAL NAME OF APPLICANT MUMCIP.4LTTY APPLICANT REPRESENTATIVE TITI .F. ennuFcc (FOR N.O.LS.E. CORRESPONDENCE) PHONE NUMBER FAX NUMBER STAFF MEMBER TO RECEIVE NOISE INFORMATION ADnnRF_SS PHONE NUMBER FAX NUMBER POPULATION . AMOUNT ENCIASED DATE AUTHORIZED SIGNATURE FOR APPLICANT Please enclose check payable to: N.O.I.S.E., Inc. , Paige Siff'ord, Director of Membership Services, Eye St., NW, Suite 300, Washington, DC 20005 a 9 ;.1225 for LOCAL GOVERNMENT OFFICIALS SPEAK OUT OI�1 THE VALUE UF NOISE MEMBERS "4ur aircraft noise poticy has been profourzdly inftuenced by information received fra technicians, consultants and attorneys that we have met through NOISE conferenc sharing of information at the natianal level, we have become as ex'perr at confronting the airports have been at creating noise." Hury E. Mitchelt Mayor Tempe, AZ "7'here is no better, more directway to e.rertinfXuence on pending reguXatory or legx than thraugh NOISE. ,8etonging ta N41SE is like having your c,iry's own staff in W events and tohby on your behalf." Herman Barnard Cauncii Mernber College Park, GA NOISE and by . Through the rcraft noise as "1 would unhesitatingly urge any city or county that is invvlved in airpart nvise and expaJ becvme a NOISE member. It wili h'e 1he best thing you ever did in preparing you to�ght � over airport nvise. NOISE provides many important cantacts and affers a bank � information saurces." •Canrad Bowers Mayor Bridgetan, M4 developments ron to monitor issues ta unmatched "If it were nor for NOtSE, the public policy aspect af aircraft noise, from the perspe zive of locat governrnents rather than, just the national view�oinr, wautd be forgotten. N41SE alsa bui ds bridges to , airport vpe'ratvrs, hushkitting and re-engining, firms, even the air carriers themselves, in o der ta sp'read the word aboui city concerns," Thamas Egan Mayor Eagan, MN "When NQISE takes a posi:ivn it is a responsible and well-eonsidered ane, that ref teers rhe � of cities. NOISE does ncat acF hastily or ilt-advisedty but it drles act decisivety and in a ti� I am proud vf the way ir represenFs the concerns of cities, and the City of Grapevine is pror� time member.,, Shanon Spencer Cauncit Member Grapevine, TX � cQncerns y manner. be a tong- WHAT HAS NOISE ACCOMPLISHED? + NOISE was instrumental in adding a narional Stage 2 phaseout date and non-addit�on rule to the legislation that became the `landmark Airport Noise and Capacity Act of 1990. + NUISE commented extensively on proposed rules to implement the new law, based on t eir perceived impact on local government powers. NOISE also lobbied extensively against weakening of the rules in favor of the airlines. • + NOISE has led in the effort to convince the federal government of the need for a mo comprehen- sive means of ineasuring aircraft noise, because of the importance of accurately defining n ise-impacted areas and determining the extent of noise disturbance. + NOISE is one of the most important members of a new rulemaking advisory comm Federal Aviation Administration about the noise impacts of new regulations. In that vigorously represented cities' concerns over proposed standazdized noise abatement ta and insisted on their pre-tesring. + NQISE was a key actor in the push for Stage 2 fleet standards by 1985. �OR TNFORMATION ON MEMBERSHIP I1V NOISE PLEASE� CONTA CHARLES F. PRICE, EXECUTIVE DIRECTOR, AT 202/682-9386. advising the �city NOISE F �rocedures THE NOISE NEWSLETTER PUBLISHED MONTHLY BY THE NATIONAL ORGANIZATION TO INSURE A SOUND-CONTROLLED Volume III, No. 2 NOISE PRESIDENT BOWERS URGES CONGRESS NOT TO EASE OUT AS FINANCIAL WOES GRIP AIRLINES by Charles F. Price Executive Director In any initiadve it may undertake to relieve the financially-troubled airline industry, Congress must not tamper with the phaseout of Stage 2 aircraft mandated by the Aircraft Noise and Capacity Act, NOISE President Conrad W. Bowers told a hearing of the House Aviation Subcommittee in Washington February 18. Bowers appeared on a panel together with repre- sentatives of the Nadonal Airport Watch Group (NAWG) and the Natural Resources I3efense Council (NRDC). The purpose of the hearing was to explore the financial condition of the airlines and identify possible remedies for its pmblems. The coalidon�of NOISE, NAWG, and NRDC has proposed a federal Investment Tax Credit for owners and lessors of Stage 2 planes who convert them to meet Stage 3 noise standards'by means of hushlcitdng or re-engining. In his testimony Bowers told the subcommittee, �"There may be legitimate regulatory relief the govern- ment can grant the industry to ease its financial woes. But abolishing or further slowing down the ... conversion schedule is not one of them." Bowers noted that NOISE, NAWG and NRDC had proposed a tax credit, but also pointed out that tax policy wasn't within the jurisdicdon of the subcommittee, while oversight of the Noise Act was. "My main purpose here today," he said, "is to place our tax proposal in the context of your responsibility to erisure that the intent of the Act is.met " As Mayor of Bridgeton, MO, a community near St. Louis's Lambert International Airport, Bowers ex- plained that the airline industry - as represented by TWA and McDonnell Douglas Corporadon - is very important to the economic welfare of the St. Louis metropolitan azea. Both companies are troubled. "Clearly," he said, "the failure of these or any other major players in the air transport industry �would be a regional and nadonal economie Bowers told the hearing � tax relief to airlines "to help ma of Stage 2 aircraft ... does not t economic hard times the air car He said NOISE was "most.conc the industry will be used as "an a the phaseout, to relieve the airli� Stage 3 planes or re-engining equipmen� Bowers called the Stage the NOISE Act "a very significa� impacted citizens of this country' that communities had been unha the Act was passed and the way i Federal Aviadon Administration virtually deprives communities Stage 3 noise restricdons, and tt ports cannot phase out Stage 2 air the schedule in the Act. The pha� said, became "riddled with loophi as a result of pressure from the � Nevertheless, Bowers in� all we have, imperfect�though it m subcommittee to "hold fast to the other ways - including the inv� relievetheindustry. "Millionsof around this country are relying prove the quality of their lives,' means they are also relying �n y Testifying for NAWG v� Simer, and its counsel, Barbara that "rumblings are being heard f UARY 1993 IRONMENT AGE 2 PHASE- blow to both the t NOISE wants to give sure that the phaseout ome a casualty of the rs are now suffering." ned" that the plight of , iment to do away with of`the cost".of buying ' � hushkitting Stage 2 , ', phaseout required by �t benefit for the noise- ',.although he admitted ►py with the hasty way was �interpreted by the He noted that the Act �f the right to impose at the FAA insists air- ;raft at a rate faster than eout schedule itself, he les and escape clauses" ush Administration. isted, "the phaseout is �y be," and he urged the phaseout" and look for stment tax credit - to ioise-impacted citizens �n the phaseout to im- he concluded. "That �u to protect it." as its president, Loren ,ichman. Simer stated �om the airline industry (Continue on pagc �wn) 1993 BOWERS URGES CONGRESS NOT TO EASE STAGE 2 (Continued from front pageJ that the requirements of the Airport Noise and Capaciry Act are too anerous and that the industry shonld receive relief from them." Noise-impacted citizens, he said, are "deeply distur6ed" by snch rumars. He described the proposed tax creclit as "con- structive for both the airlines and noise-impacted citi- zens." Simer also noted that in diafdng the legislation, consuitations had been heid with "transport indus#ry associations, environmentalists, individual airlines, the re-engining aad huskittirtg companies, and engine and parts manufacturers." Ms. Lichman snmmarized the provisions of the praposed legislation: A 10 percent Investment Taac Credit {ITC) to airlines and Ieasing carnparnies for noise modification of aircrraft from Stage 2 to Stage 3 noise ieveis, to be applied to costs for cnadifications which return aircraft ta service between Januazy 1, 1992 and December 31, 1996. The credit would be applicable against bath regular corporate tax and the Alternadve 'viinimum Tax. � . In so far as the ITC scimulates accelerated invest- ment in noise modificadaa technologies, Ms. Lichman said, "there wilt be a concomitant increase in the number of jobs and income created by the noise modificadon 12itIiISE�." She estimated the� gross cost uf the ITC legislaaon to be abaut $120 million per year, an amount which she asserted "can be largely offset by the job creation, industrial stimulus and multiplier effects" of the ITC. Richard A. Kassel, senior project attorney for NRDC, tatdthehearingthatNRDCbeiievesthe�nancial crisis facing the airliaes "has created an opportunity ta rectify certain environmental shortcomings of past noise and aviation legislation," . He echoed NOISE and NAWG by insisting that "under no circumstances shauld the airlines' ptea for financial relief be met by waivers, extensions or other delay in the timely phaseout of Stage 2 aircraft by the year 2U00." But he also urged that Congress should include "tough Noise Act sanctions and a citizen suit pravisian in ny legislation providing financial relief ta the airlines and gaverning the regulation of aircraft noise: ' Without enfarcement teeth or citizen suit recourse, he said, "in effect, citizens have been asked to wait until the end of the decade for noise relief, and then are provided with na recourse in the event that noise reli Kassel also said any financ include incentives for re�ducing airc� ing o�t that pollntants are expelled ir aircraft every day, "endangering hu pering nadonal efforts to comply w: Amendments of 1990." NRDC, he that any financiai incentive pack< incentives to "steer airlines" towaz� gine technologies ihat also reduce t two P never appears." �l package "should ft emissions, point- a the atmosphere by ian health and ham- h the Ciean Air Act aid, "feels strongly ,e„ should inciude noise-reducing en- rmfu� emissions. NOISE FROTESTS ELI INATION OF PIJBLIC MEMBER FRC}M BLUE-RIBBON AIRLINE OMMISSION During tesdmony February Aviation Subeammittee, NOISE p2 of citizen and local official represer commissian to study the financia airlines. Subcommittee Chairman 7ar and Sen. James Exon.�D-NB) affer ary 16 reconstituting a commissi< year's FAA reauthorizatian bill. ?'t the commission ta "a citizen repre among citizen noise groups or noise ties." But the Oberstar and Exon bill; NOISE Execntive Director + tested the change ia remarks befor Nodng that subcommittee staff had because of a desire ta fill the cammi� Price argued that "Iocal gavernmen� in the importance af a healthy x�ir tra to their Iocal economies, and cid paying farour airtransport system." irnportant to include communides they had been frozen aut of the r process in the past. Oberstar responded that in v� lation he had purposety avoided res cific groups, but promised to supp citizenitocal afficial representation quest it. NflISE and the National A will make such a request. . l $ befpre the House ►tested the dmpping ation from a special condition of U.S. �es Oberstar(D-h�ITi} :d legislation Febru- n calleci far in last at bill gave a seat on >enri�g a cansensus �ffected municipali- eliminated that seat. ',harles F. Price pro- ; the subcommittee. said the change was sion with "experts", officials ate exgerts �sportation industry :ens are experts in Price also said it was �ecause of the way pise policy-making �iting the new legis- rving seats for spe- irt ths inclasion of should NOISE re- rport Watch Group 1993 NOISE CONFERENCE IS JULY 14-17 IN IRVING, TX Don't forget: The 23rd annual conference of NOISE will be held July 14-17 under the sponsorship of the City of Irving at the Omni Mandalay Hotel at Las Colinas, 221 East Las Colinas Boulevazd, Irving, TX 75039, telephone 214/556-0800. NOISE BOARD MEETS MARCH 6; WILL TALK WITH FAA ON LAND-USE ISSUES The NOISE Board of Directors will meet from noon und13:30. p.m. on Saturday, March 6, 1993 in the Caucus Room of the Washington Hilton Hotel, in con- junction with the National League of Cides conference. The chief business of the session will be a discussion with FAA's Director.of the Office of Envimnment and En- ergy, Louise E. Maillett, of how NOISE and FAA might work together to encourage responsible land-use and zoning policies around airports without compromising thepowers of local government toplan and zone. A lunch will be served at the beginning of the.meeting. . ST. LOUIS AGREES NOT TO USE PFC FUNDS FOR BRIDG + TON BUYOUTS The central issue in a lawsuit filed last December by the City of Bridgeton, MO over the use of Passenger Facility Charges by Lambert-St. Louis International Air- port appears to have abruptly vanished with an announce- ment by the airport that it will not use PFC funds to buy homes and vacant land in Bridgeton. The city's suit was against FAA and charged that the agency's approval of S� Louis' PFC application made it either a knowing or unwitdng partner in the airport's strategy to use PFC's to pay for Bridgeton property ostensibly for noise mitigation but actually for airport expansion (See the January 1993 NOISE Newsletter). Bridgeton Mayor Conrad Bowers is president of NOISE. In a statement released one day after the St. Louis announcement, Bowers said he was "delighted at our stunning victory." "We knew that we were correct when we blew the whistle on St. Louis's illegal attempt to use airport Pa�e three passenger taxes to buy property f r its proposed expan- sion of Lambert Field. Our pos tion has been vindi- cated..." He also declared, "It is ob ious that St. Louis did not want a federal court to conclu e- as we did - that the true purpose of St. Louis buyout in Bridgeton was to clear the way for the F-4 expans on plan for Lambert Field before any environmental re'ew of the project. We aze pleased that this action has been brought to a favorable conclusion, and we will continu to pursue all other efforts to ensure that the F-4 pro osal never is imple- mented." No announcement has yet bee made concerning the status of the pending lawsui� BRITISH STUDY S GGESTS AIRCRAFT NOISE DOESN'T SIGNIFICANTLY DIS URB SLEEP Findings from a recent stu y by the Department of Transport of the United Kingdo indicate that, "once asleep, very few people living ne airports are at risk of any substandal sleep disturbance ue to aircraft noise, even at the very highest event lev ls: � The startling conclusion i bound to heat up the airport noise debate, prompang an -noise activists to call for rigorous peer review of the findings and airline industry representadves to use the to ask for repeal of nightdme noise penalties and curf ws. The study results were exp ained by Department of Transport officials at a briefin Fefiruary 1 at FAA headquarters in Washington. It wa based on monitoring of sleep disturbance among test su 'ects living near three British airports; disturbance was easured by a wrist- worn instrument called an acti eter, which registers movement during sleep. The report c,oncluded that "all subjecdve reac- dons to noise vary gready from pe n to person and from dme to dme and sleep disturba � ce is no exception; deviations from the average can be very large." Even so, findings suggest that even the loud st overflights seldom disturb sleep. At outdoorevent levels bel w 90 dBA SEL, study findings indicate, average sleep isturbance rates are unlikely to be affected by aircraft n ise; the chance of the average person being awakened at he highest levels - 90 to 100 dBA SEL - is only about 1 i 75. "Compared with the overall average of about 18 nigt� ly awakenings," says (Conlinuc on pagc four) February 1993 STUDY SUGGESTS AIRCRAFT NOISE DOESN'T DISTURB {��'ontinued from page three j a summary af the report findings, "this probability indi- cates that even larger numbers of noisy nighttime aircraft movements will cause very littie increase in the average person's nightly awakenings. Therefare, based an expert opinion an the consequences of sleep disturbance, the results of this study provide na evidence to suggest that aircrafc naise is likeiy to cause harmful after effects." The report emphasizes that the effects discussed are average effects and more sasceptibie people do exis� "There may also be particular times af the night, perhaps during periods of sieep lightening, when individuats could be more sensitive ta noise. Although the reladan- ship cannat be verified statisticalty, the data do indicate that aircraft events with noise levels greater than 100 dBA SEL aut of daors, will have a greaterchance of disturbing NOISE Page faur sleep. The rnost sensitive people rn y also react to aircraft noise with Ievels belows 90 dBA EL." NOISE Executive Director harles F, Price, who attendeci the briefing, said the stud was an"interesting actd important" one, bat characteri its cvnclusians as "counterintuidve" and said he 1 ked forward to peer review of the findings by other rese hers and scientists. He said he was troubled by the fact that the study did not compaze the sieep characteristics o the study graup with those af a"contral" group af su "ects not exposed to air�rraft noise. "it seems that the st dy mainiy shows that the sleep of people aroand auport� is disturbed a lot but you can't prove what it is that di turhs them, whether aircraft noise or ather kinds af noi e." National Organization to Insure a Sound-controlled Environment i225 Eye Street • NW • Snitg 3Q0 • Washingtan, DC 24{145 a Lengthened third runway seems less likely to become a rE irk Blake of govemmcnml paperwork and a ports Commiuion (MAC� bocame for a possible new runway. whether the Legislatw Jriter yeneral lack of oomph has ktt the openly dubious about when or if it enlarge the airyort or l cxtension plan untouched. will be builL Commiuioners directed "You an argue that if yau cadt do in Dakma County is r The legend of the runway that can'� smff members to draw an alteroative this, how are you going to do any- 422•s eactension that be kngthened is growin; with each Once again, officials are busily docu- �irpon noi:e rtup: not thowi� the thinf?" said Nigd Fnnry, deputy u- Thox w6o want a u pauing yesr at M�nneapolis-Sw Paul mentin; the environmenml e(fects of eztension, to gu�de. spendiag for xuuve dirce{or of airpocl plannin�. pose any invatmrnt Intematwnal Airyon. a longer southwest-northeul Run- soundproofint homa nnr the air- "On the other hand, if a decision n oae tdat would forcc way 422. ConstruMion of t6e 526 port, which beQan this year, made by the Le�islawre that we are W mova For !S yars airport otficials have mil�ion runway extension and tazi- `oint to stay de�e aad develop ihis ban proposint to add half a mile w way is scheduled for nut year. It ttmains to be san what the diffi• airyort, that may cl�anae thivas.^ Hut apart from the a �he lessu•used third runxay. And for eutry of eutendint this ruaway may IS yan dtiun opposition, a tande But this mon�h the Metropolimn Airv mean for Lhe morc ambitious plaas For now the unartainty about Rmwqcoatinued on Runway/ Need for extension questioned CoaUaaed from pase 1B � south Minneapotis now aad aot vay � mucG ia Bloominjwn," satd Com- therc arc alw legitimate quations miuionu Jan Del Calzo of Minna about whetha the runway e�etension �da apolis. is neassary. b� • When the soundproofin6 money wu It was first conaived ss a way to dividedtwoyarsato,"tbeuknsion shift the burden ofairpon noise. Two �T wu bpina abng quiu nialy. Now Years ago ii was aumated that u � � due we ue in '93 and ... it loolct msny u 192 flithts a day muld be ♦ µ� like who knows whea it will 6e shitkd from wuth Minnapolis aad � •�, p� built," Ik! Calzo said. northeast RicGfidd to Bloomingaa y� and wuthwat Ric6field if Ruaway a0�°� ��t Commiuion Chainnsn Nujh'Schil- 422waelet�thene4 lint nid it would be.easy W pve �T�w� Blaomin�wn its share badc, "if and But plannina for such i wbsuntisl whrn 422 is eacunded. We Utiuk it shift assumed that the bn;u runwsy might be unfair w insuLu hausa of would be uud nine or 10 houn a hearing on the pmjea in 199; [hey peopkwhoarc notaffed'od.^ day. Sina thrn the atimate has budly objated to We utra noise dropped to fouror fivq and that may ihat the aeunsioa would bring ova But Commiuiona yohn Himk of be optimistic. The Ai�ons Commis- Iheir doma. Bloomington raid that if a move is sion is studyin; ihat aspeM aeain. • made to take soundproofint money Richfield City Manaper Jim Prosser from Bloomin�ton, de will propou a The other rcuou;ivrn for the uun• uid Richfield quatiaro the wisdom rcsolution talun; Uu ateasioa off sion is to aaommodau oversas of aprcadint the noise uound. F�e- the books for 600d. "7'6ey've ptayed Oiahts on hot summu days w6en tending the aoss nu�waY and brin6- around wiW 422 for so, bc� Wat they aro havily loadod with pasun- ing it iaW greakr use wiU only bring eitha you ought W �el senous about �ers and •fueL Oeasionaliy, tliphts additional 6oma into t6e noiu it and say we ue committed W the ue forced w unload fuel u p�ssea- probkm ara, Prouer uid. It xrouW aunsioa of 422 or we out6t a pet gas a uke off ufdy: Adding 2,750 make morc 'senu to ioundproof o(�of i4" Himk said. f«t W tho aaa runway would make mote Iwma in uas ilmdY f�nE . it the airport's lonsat, at 11.000 fat, tde aoise, he �aid. — and allow the pisnu w take off fWiy loaded on hot daya, when they bse Bloominaton, IOcewise,oppases the Iifl. utension, sayinj ifut aa'ther of iu pountiil benefits das ban demon- But lina the P�nintfor tlu exten- strated. sionb� n, Northwat Airtiaa tus anakd flithb w Ta whieh �dad But thu yar. on the assump6oa Uut been expected w aad� bn'er run- Ihe runway will be aetended, Bloom- w�iya. Now Ndrthwat hu wme tn4wn will rcceive 21perorn t of thr tlijhts w Amsteldam that may nad airyort money avai46k toc 6oene i; but the airline lus not yU told the wundproofing or buyouts. That commiuionhowmany. ' amounis a S1.3 million, oompusd aith S28 million for' Minnapolis "[f iCs one tli�t evay cou le of andSlmillionCorRichfidd. waks. that may or may nat gustify it,^ Fnnry uid "We nad a`et a Some oommtuionea, doweva, say Ixtter sense of what that is ye�" it's unwiu W apend home wund- With both the noiu and open6onal w�ue � su oube�j, u if t!x aknsion brn�ts hazy, the project Iacks a sunng promotet Northwat hat said 7'hey aant to sive Blaaminttoa's an- il would like the (kxibility of the nual share of soundproafing money longcr runway, but ifs not pushint W Minnapolis until ihe runway is thematter. kngthened. Without the actens�on, Bloomington•noise kvets wonY be Whik it Iacks proponents, the aten- high enough.to wartant home noise sion doa not lack opponents. Citi- tnzulatioa uns of Richfield and 8loominaton have battkd it for yearz At a public "The reality is that the noiu is in a II docide to a new one �g Runway ch harder. dryon o{a he cunent a deciiion e5B fuwre, CITY OF MENDOTA HEIGHTS March 26, 1993 T0: Mayor and City Council FROM: Tom Lawell, City Administr�'"'� SUBJECT: Review of Draft Tax Increment Usage Policy DISCIISSION In mid 1992 Council directed staff to pursue the dev� of a Tax Increment Financing Usage Policy. In July 1992 policy was presented to Council for review (see attached) Mayor Mertensotto has noted that the State Legisl currently considering changes in the existing Tax Increm Typically these types of changes do not impact pre-exis Increment Districts, but of course, there is no guarant� that reason, the .Mayor has suggested that we not spend a gx of time on this topic at the workshop. When the time is deemed appropriate, staff would provide to Council at a future workshop a full descripti< current status of our Tax Increment District, along with a future development through the end of the District's life In addition, I�feel it would be helpful for Council to � from United Properties regarding their future plans business park. STAFF RECO14II�iENDATION Council should review the attached draft policy and staff with direction regarding its revision. Council shol discuss if and when they would like to reschedule �this � future Council digcussion. MTL:kkb :lopment a draf t ture is :nt Law. ,ing Tax e.`. For :at deal .ike to of the lan f or n 2006. �o ,hear or � the provide ld also tem for 0 i CITY OF MENDOTA HEIGHTS July 2, 1992 T0: Mayor and City Council FROM: Tom Lawell, City Administr SUBJECT: Tax Increment Financing Usage Policy DISCIISSION During the recent Council consideration of the VGC Corporation Tax Incr.ement Financing (TIF) request, Council indicated its desire to adopt a formal TIF Usage Policy and Application Process. Attached please find a Draft Policy prepared by City staff for your review and comment. The purpose of the Policy is ,to provide criteria and a detailed procedure to follow in considering requests for tax increment financing assistance consistent•with the City's Tax Increment Financing Plan which was adopted on April 1, 1981. The Policy document sets forth the criteria and administrat•ive process which must be followed to be considered for TIF assistance, and the two page applicati.on form provides a check list for a developer to follow in ma.king application to the City. � ACTION RE4IIIRED Council should consider adoption of the Policy in its present form or provide direction to staff regarding any modification which may be necessary. MTL:kkb 0 CITY OF MENDOTA HEIGHTS TAX INCR�'r' FINANCING POLICY �•�� APPLICATION INFORMATION Adopted by the Mendota Heights City Council on 0 CITY OF MENDOTA HEIGHTS TAX INCREMENT FINANCING POLICY PIIRPOSE The City of Mendota Heights recognizes that it is essential to maintain the strength and vitality of its economic base and to provide increased opportunities for employment, business development and private investment within the community. In pursuit of this objective, the City in 1981 did create a Tax Increment Financing (TIF) District within the City pursuant to applicable Minnesota State Statute. The purpose of this Policy is to establish criteria for TIF consideration and to set forth application procedures which must be followed. CRITERIA As set forth in the Tax Increment Financing Plan adopted in 1981, the use of TIF can benefit the community by attracting development and creating employment opportunities, while at the same time accomplishing specific redevelopment goals within the City. Because the availability of TIF is limited both by geographical area and the remaining term of the TIF District�, the Gity must carefully consider each request for TIF assistance in relation to the total rema.ining TIF capacity within the District. Factors which may be taken into consideration by the City in evaluating each TIF request include the following: 1. What is the financial feasibility of the proposed project? 2. Is significant new employment�potential created? , 9. Does the project create incentive for future development? 4. What impact will the project have on the City's tax base? 5. Will the project dema.nd inordinate City services? 6. Does the proj ect support existing industrial or commercial operations in the City? 7. Is the project compatible with the City's overall development plans and objectives for the area? 8. Would the project proceed in its present design and time table without TIF? 9. Is the quality and character of the project consistent with City expectations? � 14. If applicable, does the praject comply with limita�.ions in effect within the MAC site? POLICY :ructian The City's approval of TIF usage should only occur a ter the completion of a thorough analysis of �.he proposed proj e t. The company or individual reque�ting approval £or TIF will be equi.red to comply with �.he �ollowing: 1. The applicant at a11 �imes mu�t retain and be ass ' sted by legal counsel, separate and independen.t from th City. 2. Construction of the praject shall not be cammenc d until the City has given preliminary approval to the application for financing. 3. The City reserves the right to deny any applz.ca ion for financing at any stage af the proceedings p ior to . adoption of the final approval authorizing TIF se. 4. The City sha1.1 be reimbursed by the applicant or all Cit� and City consultant cost� related to the pro osed or actual use of TIF. The City may require �he appl'can�.to deposa,t an administrative escrow �.o cover costs i curred by the Ci�.y in connection with �he propased pro'ect at any time. The fact that an applicant's escrow is accepted by the City is nat to be construed as a guarantee that t e Ci.ty wi1.I authorize the praj ect under consideration. e City ma.� request and receive from �he appZicant an add'tional. administration escrow in an amount to be determin d from time-to-time by the City should associated costs exceed the initial deposit. 5. In a.ddition �o any escrow amount required, t e City re�erves �.he righ� to allocate up to �ive percen� of all TIF proceeds to cover administrative costs f the Distri.ct as a whole. 6. A�.i applications and supporting material.� and da uments submitted to �he City shall become the property of the City and as such are public documents. 7. The City reserves the right �a select a third as�ist in the review of TIF •appl.ica�ions administration of the TIF Program. y to the w- 8. Assuming the proj ect is approved by the City for TIF use, costs eligible for reimbursement include water, sanitary sewer, storm sewer, parking areas, landscaping and air noise mitigation (where applicable). Consideration for reimbursement of land costs will only be permitted in extraordinary cases. 9. Infrastructure improvements within the TIF District which serve areas larger than individual parcels may be funded by excess tax increment proceeds at the discretion of the City. 10. At all times, procedures and policies related to the proposed use of TIF will comply with applicable laws of the State of Mi.nnesota. APPLICATION PROCES5 A TIF Application Form must be completed and shall include all of the information requested without exception. In instances where a developer is building a facility for a client, the TIF Application Process should be initiated prior to making any type of financial commitment to the client. It shall be the expressed intent of the City to expedite to the greatest extent possible the processa:ng of all requests for TIF consideration. However, it should be recognized that the process necessary to adequately and properly evaluate and schedule for Council consideration a request for TIF assistance may cause some time delay. Applicants are urged to process their TIF Application with the City well in advance o€ any critica]. project construction dates. � , • • ,�. � � - �� • : -+ APPLICATION FC1R TAX TNCFt_�'r' FINANCZNG BACRGROUND INFORMATSON Lega� Name of Applicant: Address: Contact Person: Telephone: Project User {if ather than applicant}: Address; Contact Person: Telephone: PROP{�SED PRC?JECT INFQI�MATI42�]' This applica�ion. must be accampanied by st documentation which addresses the followirig: 1. Locatian - include a lacation ma.p with exac� b< o� projected development as proposed. 2. Size - describe the size af the proposed proj ect o� acres and �acility size. 3. U�e - describe the proposed uses for the pro� parcel., it known, 4. Value - l.ist the estimated market value to re: the project by year and by parcel, by building appropriate spatial �ubdivision. 5. Timing - describe the timing of the dei improvements. 6. Public improvements - identify the publa.c imp� requested to be �inanced through the district timing af such improvements. �por�.ing .ndaries � .n terms rty, by lt from r o�.her lopment � ements nd the CITY OF MENDOTA HEIGHTS APPLICATION FOR TAX INCR�'�•N'�' FINANCING PAGE 2 7. Impact - to the extent feasible, identify: a. New jobs to be created. b. Valuation to be added. c. Other assets to accrue to the community. 8. Company data - describe the history, structure, and purpose of the applicant's/user's business and provide data on involved principals/partners. � 10. Financial data - provi:de a pro forma analysis of the project detailing �11 costs of development. Describe the status of financing and specifically state the ratio of debt to equity proposed for this project. � _ Need - explain why City TIF assistance is necessary to successfully complete this project. OTHER INFORMATION . Provide any further information you feel may assist the City in assessing the merits of this proposal. . I hereby submit to the City of Mendota Heights for consideration this application for Tax Increment Financing as�is,tance. I certify all information submitted is, to the best of my knowledge, true and correct. n Signature Printed Name � Title Date �r: • :